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When a party founds his claim upon the
validity of a marriage, or the legitimacy
of any one, such validity or legitimacy
must be decided by the court, 484.
MONEY.
Money ordered to be paid out to the attor-
ney in fact, or to the solicitor of the
party. — Hoye v. Penn, 40.
Money will not be paid to the mere guar-
dian ad litem of the defendant. — Corrie
v. Clarke, 86.
Money may be brought into court by a trus-
tee under a decree if he doubts as to its
proper application. — Wells v. Roloson,
456.
To obtain an order upon a defendant to
bring money into court, before the final
hearing, it must appear, that he who
asks it has an interest in the money,
that he who holds it has no equitable
right to it, and the facts as then shewn
must be open to no further contro-
versy. — McKim v. Thompson, 156.
After a bill filed if the purchaser, being in
possession, exercises acts of ownership
he may be compelled to bring the pur-
chase money into court, 161.
Where it is agreed, that a debt shall be
secured by negotiable notes payable six
months after date, and the party fails to
give the notes, the debt shall bear inter-
est from the day when the notes, had
they been given, would have fallen due.
Chase v. Manhardt, 841.
A debt shall not carry interest during the
time the debtor is legally restrained
from paying it, 342.
If a creditor receives or recovers the prin-
cipal so as not to relinquish his claim to
interest, he may afterwards sue for and
recover the interest, 346.
Where there has been no decree to ac-
count, but the sum has been ascertained
by the auditor by consent, the interest
ought not to be made principal as in
other cases. — Hoye v. Penn, 34.
Where a decree for a sale expressly or
tacitly affirms the validity of the plain-
tiff's claim, interest upon it is a subject
of further directions. — Strike's case, 70.
In a creditor's suit the claims as adjusted
carry interest until paid, if the proceeds
be sufficient to pay all. — Millar v. Ba-
ker, 148.
In a creditor's suit each claimant is en-
titled to a proportion of the interest
arising on the purchase money of the
estate sold, according to the sum stated
by the auditor to be then due him. —
Low 0. Conner, 469.
MORTGAGE.
Decree to redeem directing an account to
be taken of the rents and profits and
waste while in possession of the mort-
gagee, allowing for repairs and lasting
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improvements. — Rawlings v, Stewart,
To ascertain the true nature of the contract
the court may took into all the contem-
poraneous agreements and dealings be-
tween the parties. — H. K. Chase's case,
225.
The distinction between a mortgage and
a sale with a covenant for repurchase,
225.
If the husband and wife join in making a
mortgage her right of dower can be
affected only to the extent of the mort-
gage, and she may call on the persona!
representative of the husband to dis-
charge the mortgage, 227.
Not less than twenty years can operate as
a bar of a mortgage or equitable lien
although the bond or note may be barred
by twelve or three years. — Lingan v.
Henderson, 282.
A holder of an equitable lien cannot be
compelled by the usual notice to come
in under the decree in a creditors suit,
but if he does come in the purchaser
will take clear of his claim. — Millar v.
Baker, 148.
A decree to redeem maybe made to result
in a foreclosure. — delegate D. Owings'
case, 404; Etchison v. Dorsey, 637.
Where the defendant fails to answer, and
the mortgage debt is established by the
mortgage and the plaintiff's affidavit, no
commission need be issued; the bill
may be at once taken pro confesso. —
Clapham v. Clapham, 127.
A responding defendant will be permitted
to shew payments either before a de-
cree or after before the auditor, 127.
NE EXEAT,
A ne exeat as well as an injunction may
be granted upon the same bill, and at
the same time, —. Bryson, Petty, 182.
ORDERS.
An order to take testimony and to shew
cause as to the sufficiency of an appeal
bond. — Ringgold's case, 6.
A special order affirming the auditor's re-
port in part, and directing a distribu-
tion accordingly. — Hoye v. Penn, 36,
Further directions are those orders given
for the purpose of following out the
equity which has been substantially es-
tablished by the decree. — Strike's case,
69.
Where a decree declares certain convey-
ances to be void and directs the property
to be sold, it virtually establishes the
plaintiff's claim, leaving interest, rents
and profits, allowances for improve-
ments, and every thing in relation to
the claims of other creditors who may
come in for further directions, 70.
The form of an order nisi to have the bill
taken pro confesso.. --Burch v. Scott, 114
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