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but that usually given for the purchase
money and endorsed on a deed for land
is evidence of the lowest order, 249.
Parol proof which goes to sustain and
supply deficiences in a written instru-
ment may be received, 249.
The answer of one defendant cannot be
evidence for another, except in some
particular cases, 267.
A co-plaintiff or a co-defendant may be
examined as a witness if he has no in-
terest in the matter, or none in that
part of it as to which separate relief
may be given, 268.
If a co-defendant has been received by the
plaintiff as a witness to the whole, the
bill as to him must be dismissed, 268.
If a defendant in argument relies upon the
answer of his co-defendant as evidence
in his favour, he thereby makes it evi-
dence against himself. — Chase v. Man-
hardt, 336.
Certified copies from the land office are
deemed legal evidence. — Cunningham
v. Browning, 308.
A letter cannot be used as evidence of a
contract in connexion with a part only
of the verbal testimony. — Ogden v. Og-
den, 287.
The mode of taking testimony in a credi-
tors suit so as to insure a correct report
of it to the court. — Williamson v. Wil-
son, 434.
Evidence may be taken before a justice
of the peace under a special order. —
McKim v. Thompson, 154; Clapham v.
Thompson, 124.
The mode of taking testimony here before
a justice of the peace in relation to any
interlocutory matter unknown to the
English practice. — Hodges v. Mullikin,
507.
A defendant as to whom a decree cannot
be opened is a competent witness for a
co-defendant who applies for leave to
file a bill of review, 507.
A trustee under the decree whose liability
to refund what has been paid him as
commissioner will not be increased by
opening the decree, is a competent wit-
ness on an application for leave to file a
bill of review, 508.
EXECUTION.
When property equal in value to the debt
has been taken under a fieri facias, the
debtor is discharged, and the creditor
must look to the sheriff. — Hoye v. Penn,
43.
To enforce the execution of a decree for
the payment of money, and also for in-
demnification, the plaintiff way have a
ca. sa. and an attachment at the same
time. — Bryson v. Petty, 183.
A room in a tavern may be used as a gaol
by the sheriff to confine a person under
a ca. sa., 183.
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Upon a decree for dower, there can be no
sequestration of the two-thirds to satisfy
the claim for rents and profits of the
dower. — H. K. Chase's case, 372.
A decree for an annual sum may be en-
forced in a summary way, or by putting
a receiver upon the estate charged. —
Rebecca Owings' case, 297.
The manner in which possession may be
ordered to be delivered to a purchaser
under a fieri facias. — Dorsey v. Camp-
bell, 364.
Real estate not liable by the common law
to be taken in execution and sold for
debt, except at the suit of the State.
Jones v. Jones, 445; Birchfield v. Brown,
446.
By elegit the half, and afterwards by statute
the whole of the real estate of the
debtor made liable. — Jones v. Jones, 447.
The nature and extent of a judicial lien
upon real estate, 447.
Although a lien fastens upon real estate
from the date of the judgment, no exe-
cution can be issued if the case has
abated by the death of either party, un-
til it has been revived, 448.
There is no lien upon personal estate as
against third persons, until the fieri facias
has been delivered to the sheriff, 448.
By the seizure the sheriff acquires a spe-
cial property in the goods taken, 448.
A fieri facias bearing teste before the
death of the defendant evicts the real
and personal estate from the hands of
the heir or devisee, and from the exe-
cutor or administrator, 449.
Real or personal property taken and sold
under a fieri facias is thereby convert-
ed into money, the realty being thus
converted into personalty, 450.
A share of the proceeds of the sale of
realty, a chose in action, cannot be
taken in execution, yet it maybe under
circumstances applied by the court to
the satisfaction of creditors, 459.
Money cannot be taken in execution, nor
can money in the hands of a sheriff
made under an execution from another
court be ordered to be brought into this
court, 460.
Public stock, choses in action, &c. cannot
be taken in execution; but choses in
action may be attached at law. — Wat-
kins v. Dorset, 533.
If a party cannot obtain satisfaction by
any execution at law, he may proceed
by bill in equity, 534.
A judicial attachment cannot be awarded
by the court of chancery, 534.
To constitute a valid title to land pur-
chased at a sheriff's sale, it is necessary
that there should be a return made to
the fieri facias, that the return should
specify the land sold, and that the return
should be recorded. — Duvall v. Waters,
589.
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