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An order to give notice of a motion to
dissolve an injunction at the then next
term. — Jones v. Magill, 180.
An order appointing a receiver. — Hannah
K. Chased case, 214; Williamson v.
Wilson, 428.
An order to take testimony respecting
claims in a creditor's suit, 434.
An order calling on the administrator of a
receiver to account, 438.
An order overruling pleas and requiring
an answer by a given day. — Moreton v.
Harrison, 496.
PARTITION.
The mode of making partition of an in-
testate's estate under the act to direct
descents. — Hughes' case, 46.
Where the parties take by purchase, par-
tition may be made by the common law
in chancery, although some of them be
infants. — Corse v. Polk, 233; Wells v.
Roloson, 456.
In such case a sale may be made of the
land if necessary, 233, 456.
The commissioners may award to each
his part, or if not, it may be done by
lot by the court, 233.
A sum of money awarded by way of
equality of partition, may be declared
to be a lien upon the share of him di-
rected to pay, 234.
A testamentary direction, that the chan-
cellor shall appoint persons to make a
partition cannot give jurisdiction in any
way, much less authorize an ex parte
proceeding. — Howard's case, 367.
The parties should each recommend per-
sons to be appointed commissioners to
make partition, 368.
The costs are borne equally or in propor-
tion to the respective shares of each. —
Hughes* case, 50.
On a sale to effect a division of a real es-
tate, no one of the distributees or his
assignee can take any thing until he has
satisfied all that is due from him to the
others. — Mullikin v. Mullikin, 542.
PARTNERSHIP.
A partner can only be admitted as a credit-
or against the estate of a deceased partner
for Sis share of the surplus, after all the
concerns of the partnership have been
fully settled, — Ringgold v. Jones, 139.
At the instance of a partner alleging that the
firm is insolvent, and that his copartners
are wasting the effects, a receiver may be
appointed. — Williamson v. Wilson, 423.
A partnership for a limited time may be
dissolved before the expiration of the
time by death or insolvency, 424.
PARTIES.
A decree affecting the rights of one not
a party is, as to Mm, fraudulent, and
he may be relieved by original bill. —
Burch v. Scott, 120.
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Where the property of several defendants
has been sold under a decree to satisfy
a debt, leaving a surplus, any one of
them may obtain an order directing a
distribution of such surplus among
them. — Hoye v. Penn, 38.
The want of proper parties may be taken
advantage of by demurrer, by plea, or
at the hearing. — R. Owings' case, 292.
Persons having no interest in the matter
may be permitted to come in as co-
plaintiffs with a person who is in fact
non compos mentis, in order to take care
of his interests, 293—295.
No part of the personal estate of a de-
ceased debtor can be applied in pay-
ment of his debts without making his
executor or administrator a party to the
suit. — Jones v. Jones, 460.
PETITION.
Where a matter can only be brought be-
fore the court by petition, if the matters
therein set forth be not denied on oath,
they must be taken to be true. — H. K.
Chase's case, 212.
PLEAS AND PLEADING.
If a defendant pleads and answers to the
same matter, his answer overrules his
plea — and the same principle holds in
case of demurring and answering, or
demurring and pleading to the same
part. — Hannah K. Chase's case, 217.
A plea of the statute of limitation to a
bill to recover the purchase money of
land. — Lingan v. Henderson, 246.
There may be a plea of limitations to some
one or more separate and distinct parts of
the plaintiff's several causes of suit, 278.
More precision required in a plea than a
bill — a plea must be certain, exactly
applicable to the case, and tender a
material issue, 280.
A plea of the statute of limitations of three
years does not apply to a vendor's lien
therefore as against such a lien it must be
rejected, 280; Moreton v. Harrison, 500.
Where the bill states facts which if true
would take the case out of the statute
of limitations, a plea of the statute
must be sustained By an answer deny-
ing such facts, 282, 493.
A defendant may in equity as well as at law
plead several distinct pleas. — Moreton v.
Harrison, 493; Ridgely v. Warfield, 494.
Duplicity in one and the same plea is a
vice in pleading in equity as well as at
law. — Moreton v. Harrison, 496.
Pleadings in equity are not so strict as at
law; yet in equity they must be sub-
stantially sufficient. — Lingan v. Hen-
derson, 280.
The case as set forth must be of equitable
cognizance as contradistinguished from
that of common law, or a demurrer
will lie or the bill may be dismissed at
the hearing, 255.
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