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What is deemed & sufficiently certain de-
scription in the return of a fieri facias
of the land sold under it, 591.
EXECUTORS & ADMINISTRATORS.
An executor or administrator upon letters
granted in the District of Columbia
may sue here, but not if granted in
another State or a foreign country. —
Burch v. Scott, 113, note.
Land devised to be sold was sold by the
executor under an apprehension, that
he was authorized to sell, the sale was
affirmed. — Ex parts Margaret Black,
142.
No part of the personal estate of a de-
ceased debtor can be applied in payment
of his debts without malting his execu-
tor or administrator a party to the
suit. — Jones v, Jones, 460.
An absolute judgment against an execu-
tor or administrator is conclusive evi-
dence against him of a sufficiency of
assets. — -Dorsey v. Hammond, 472.
An executor or administrator who over-
pays is allowed to take the place of the
creditor so paid, but he must prove the
claim in like manner as might have
been required of the creditor. — Watkins
v. Dorsett, 531; Ex parte Street, 532.
FRAUD.
A voluntary conveyance by a parent who
is indebted at the time, is of itself frau-
dulent as against creditors, although
good between the parties. — Hoye v.
Penn, 32; Duvall v. Waters, 587.
Where the defrauded party comes to have
the conveyance set aside, equity will
let it stand for what is really due, other-
wise if he who takes under it comes
to have it executed. — Strike's case, 81.
If the statute of frauds be not specially
relied on, or nothing is said of it, it is
waived, and the defendant cannot object
to any proof because it is not in writ-
ing. — Lingan v. Henderson, 248; Og-
den v. Ogden, 288.
The whole agreement, as well the con-
sideration as the promise, must be in
writing, — Ogden v. Ogden, 287.
The statute applies not to promises to
marry, but to pay portions, &c. in con-
sideration of marriage, 287.
Although the defendant relies upon the
statute, yet he must answer rally, so
that if any thing appears which takes
the case out of the statute the plaintiff
may have relief, 288.
Marriage alone is not a part performance;
but if the man in consequence of a let-
ter to himself, his father, or a friend,
promising a portion, marries, it is a per-
formance on his part, and the promise
may be enforced, 288.
Equity will in some cases relieve a party
from the consequences of a fraud which
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has been practised upon a third per-
son. — Chase v. Manhardt, 350.,
If a deed be not read at all, or be read
improperly to an illiterate man, he will
not be bound by it. — Colegate D. Ow-
ings' case, 391.
Weakness of mind may be taken into
consideration with other circumstances
to shew fraud, 377—890.
What is meant by such weakness as an
evidence of fraud, 391.
The various kinds of circumstances which
with weakness of mind constitute fraud,
391.
Fraud and deceit by him who is trusted is
the most odious, 397.
HUSBAND AND WIFE.
As to the mode in which a feme covert
may dispose of her real estate. — H. K.
Chase's case, 228.
A wife cannot be a witness for or against
her husband; therefore Re cannot be
bound or benefited by her answer. — Lin-
gan v. Henderson, 260—260.
In some cases the apparently joint answer
of husband and wife may be treated as
her separate answer, 269.
If she apprehends he will not make a pro-
per defence for her, she may as of
course obtain leave to answer sepa-
rately, 270.
Real estate sold to effect a division, the
rights of a feme covert ought not to be
prejudiced thereby. — Jones v. Jones,
455.
A share of real estate riven to the wife
for life, remainder to her children, on a
sale to effect a division her share may
be paid to her husband on his giving
bond to pay to her children after her
death. — Wells v. Roloson, 456.
After a sale to effect a division, the hus-
band of one of the parceners died, her
share of the proceeds paid to herself,
456; Iglehart v. Armiger, 521.
Real estate sold to effect a division, the
husband and wife may elect to take a
portion of the proceeds of sale in lieu of
the use of the whole given to the wife
for life. — Wells v. Roloson, 457.
If ^ feme covert devisee for life elects to
take a part of the proceeds of sale as
the value and in lieu of her life estate,
she must do so by an application in
writing attested. — Wells v. Roloson, 457.
The law recognised in relation to what is
called the wife's equity. — Jones v. Jones,
459.
A sale to effect a division, one share being
the property of the wife, the wife died:
the share considered as personalty an
* awarded to the. husband. — Spurrier v
Spurrier, 476—478.
IMPROVEMENTS.
A mortgagee in possession may be allow
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