|
for the purpose of following out the
equity established in substance by the
decree. — Strike's case, 69.
DISCOUNT.
The nature and origin of discount in bar;
discount, recouper, and set off, in prin-
ciple the same. — Strike's case, 79.
A claim for rents and profits may be set
off against that for improvements made
by a bona fide possessor, 79.
But a wrong doer cannot place himself in
a situation to obtain a discount, 80.
DOWER.
Dower assigned by commissioners ap-
pointed to make partition under the act
to direct descents. — Hughes' case, 47.
A widow who elects to take the estate de-
vised to her in lieu of dower, is to be
deemed a purchaser for a fair consider-
ation to the value of her dower, and
must have her claim sustained as a lien
to that extent in preference to credit-
ors. — Margaret Hall's case, 203.
If the husband had before marriage made
a lease for years reserving rent, the wife
might have been endowed of the rever-
sion and of the rent from the death of
the husband; but if no rent has been
reserved, then of the reversion only with
a cesset executio during the term. — H.
K. Chase's case, 227.
If husband and wife join in making a
mortgage, her dower can be affected
only to the extent of the mortgage,
and she may call upon the personal
representative of the husband to dis-
charge the mortgage, 227.
If the wife join in levying a fine, or in
acknowledging a deed under the act of
Assembly to make a lease or mortgage,
her dower can be affected only so far as
may be necessary to give it validity ac-
cording to the express extent of the fine
or deed, 228—231.
In equity the widow may have an account
of the rents and profits of her dower
from the death of her husband, and
costs if her claim be opposed, 231.
The widow can only recover according to
the actual value, and will be allowed
interest on the rents and profits as they
accrue, 281.
Upon a decree for dower there can be no
sequestration of the two-thirds to sa-
tisfy the claim for rents and profits,
although they may be taken like any
other property under a fieri facias, 232.
Where the property is incapable of divi-
sion, dower may be given in the form
of a rent distrainable of common right,
233.
The form of an interlocutory decree for
assigning dower in a single house, 234.
On a sale to effect a division, a portion of
the proceeds may be awarded to the
|
widow in lien of dower. — Spurrier v.
Spurrier, 477.
ELECTION.
Where a testator devises a part of his es-
tate to one who has a claim upon it
independently of him, the devisee may
be put to his election, and shall not
have both. — Hall v. Hall, 134.
But the intention must be distinctly ex-
pressed or strongly manifested, or it
must appear that the claim is irreconcil-
able with the devise, or that to sustain
the claim would throw the testator's es-
tate into a different channel, 135.
EQUITY.
That which might have been ordered,
when fairly done may be confirmed: as
where land devised to be sold was sold
by the executor under an apprehension
that he had been authorized to do so,
the sale was confirmed. — Ex parte Mar-
garet Black, 142.
Where by agreement a judgment is enter-
ed, to allow for payments, or upon a
verdict obtained by surprise or mistake,
equity will relieve. — Chase v. Manhardt,
348.
EVIDENCE.
Depositions taken before the revolution
under the statute of 5 Geo. 2, c. 7, re-
ceived and read. — Rawlings v. Stewart,
22.
Where a deposition or affidavit is on affir-
mation, and the person taking it does
not certify, that the affirmant is a
quaker, &c. the deposition or affidavit
can be of no avail. — Ringgold v. Jones,
90.
There is no publication of depositions,
but all objections are open and may be
taken at the hearing. — Strike's case, 96
The commissioners may summon wit-
nesses to testify, and on the commis-
sioners certifying that the witness failed
or refused to attend, an attachment
against him may be ordered. — Bryson v.
Petty, 182.
A solicitor cannot be permitted to divulge
the secrets of his client without his con-
sent, and if he be not a party to consent
the solicitor must remain silent. — H. K.
Chase's case, 222; Hodges v. Mullikin,
509.
On bill or petition on oath in the same
case, a commission may be granted to
take the testimony of an aged or infirm
witness de bene esse. — Lingan v. Hen-
derson, 238.
An objection before the commissioners
that the evidence is not such as is re-
quired by the statute of frauds, if that
statute be not relied on as a defence,
cannot be allowed, 248.
A receipt is not in all cases conclusive,
|
