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between the parties, as a lien upon the
real estate from the first day of the
term; tot by statute it only so operates
as against purchasers from its date —
Jones v. Jones, 447.
Although the lien fastens upon the real
estate by the judgment, yet if the case
has abated by the death of either party,
no execution can issue until it has been
revived, 448.
The lien of a judgment does not fasten
upon personal estate until fieri facias
has been actually delivered to the she-
riff, 448.
A judgment in favour of the State ope-
rates as a lien upon its debtor's real es-
tate from the commencement of the
suit, 445; Hodges v. Mullikin, 515.
The nature of a vendor's Hen, and how it
differs from other liens. — Moreton v.
Harrison, 493; Iglehart v. Armiger, 522.
An assignment of the bond or note given
to secure the payment of the purchase
money does not carry with it the vend-
or's hen, but is a tacit relinquishment
of it. — Iglehart v. Armiger, 524.
There may be two or more equitable liens
Upon the same land, as well as two or
more mortgages, 526.
On a sale under a decree the court is the
vendor, and as such the holder of the
equitable lien, 527.
If the purchase money be not paid, the
court under its equitable lien may order
a resale at the risk of the purchaser. —
Mullikin v. Mullikin, 541.
LUNATIC.
A woman may be appointed committee of
a lunatic. — Gibson's case, 141.
A lunatic cannot sue by prochein amy;
but without being so found lunatic may,
under circumstances come in with other
persons as co-plaintiffs, who may be
appointed to receive the relief as her
trustees. — Rebecca Owings' case, 293 —
295.
Without an inquisition no one can be ju-
dicially restrained as a lunatic, 293.
The ordering of am inquisition is discre-
tionary, and a person who is in fact non
compos mentis may be protected without
an inquisition, 294.
Although a father may appoint a guardian
to his infant child, yet he cannot ap-
point a guardian of his adult lunatic
child, 295.
On the death of a lunatic, who has been
permitted to sue with others as her
trustee, the suit abates; and the trus-
tee's authority ceases as to all purposes,
but that of closing his accounts, 298.
A suit which has been dismissed by undue
influence upon a plaintiff in her dotage,
may be reinstated and conducted by her
solicitors. — Colegate D, Owings' case,
in,
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A person in dotage or an imbecile adult
may sue by next Mend, 373; Rothwell
v. Boushell, 373.
The person and property of one in dotage,
though not declared a lunatic may be
protected by the court. — Colegate D.
Owings' case, 373 — 375.
In order to ascertain the mental condition
of a party, medical professors may be
ordered to visit him and make report to
the court, 375.
The maxim of the English law, that no
man of full age shall be in any plea to
be pleaded by him received by the law
to stultify himself and disable his own
person, considered and rejected, 376.
Under the general legal term, non compos
mentis, is comprehended every species
of mental derangement which incapa-
citates a man from making a legal con-
tract, 384.
Non compos mentis, as in idiocy, as in de-
lerium, as in lunacy, and as in dotage,
386—389.
The becoming a lunatic does not release
a contracting party from his liability;
and therefore the court may appoint a
trustee to convey in his name in speci-
fic performance of his contract. — Cole-
gate D. Owings' case, 405.
A lunatic defendant may have a guardian
ad litem appointed to answer for him. —
Rothwell v. Boushell, 373,
MARRIAGE.
The statute of frauds relates only to agree-
ments made upon consideration of mar-
riage. — Ogden v. Ogden, 287.
Marriage alone is not a part performance
of such an agreement, 288,
A letter may under certain circumstances
be deemed a binding contract within
the meaning of the statute, 288.
A contract of marriage is the parent not
the child of civil society. — Fornshill v.
Murray, 481.
If a Marriage be valid where celebrated,
it is valid every where, 485.
It should be solemnized in the face of a
church, or with the blessing of a cler-
gyman, 481.
General reputation with some exceptions
is deemed sufficient evidence of a mar-
riage, 482.
A divorce can only be effected by an act
of the General Assembly, 482.
A county court may inquire into the va-
lidity of a marriage, and declare it
void, 483.
The court of chancery may perhaps an-
nul a marriage which has been pro-
cured by abduction, terror, and fraud,
488.
After the death of husband or wife there
can be no judicial proceeding had lor
the purpose of bastardizing the issue, or
barring dower or courtesy, 483.
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