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REMOVED CASES,
Cases brought here from a county court
must be followed out as if they had origi-
nated here, without revising or reversing
any previous order or decree, except in
the regular way. — Strike's case, 67.
RENTS AND PROFITS.
An occupying tenant is liable for rents
and profits whether he knows of the
adverse title or not. — Strike's case, 71.
May be recovered in equity where there is
any difficulty at law, or where the title is
merely equitable; after the title has been
established by the decree, rents and
profits may be a subject of further direc-
tions, 72.
The account in some cases is carried back
only to the filing of the bill, in others to
the commencement of the title, 73.
A mortgagee or rightful holder is chargeable
only with actual receipts; but a wrongful
holder is accountable for the full value
or what might have been made, 73.
A claim by a bona fide possessor for im-
provements may be discounted from that
made against him for rents and profits or
for waste, 79; Rawlings v. Carroll, 76.
RESURVEY
The right to take in contiguous vacancy,
by a warrant of resurvey from the land
office is incident to the legal title only,
Hoffman v. Johnson, 110.
REVIEW.
There can be no bill here in the nature of
a bill of review as understood in Eng-
land. — Burch v. Scott, 122.
A bill of review, its nature, either for error
apparent or newly discovered matter, 122.
The filing of a bill of review or of an
original bill to set aside a decree does
not of itself suspend the execution of a
decree, 125.
A bill of review for newly discovered mat-
ter filed without leave may be dismissed
on motion — Carroll v. Parran, 125.
The allegation of the fact, that the matter
is newly discovered on which an appli-
cation is made to file a bill of review
should be then controverted and finally
determined so as not to be drawn in
question after the bill has been filed. —
Hodges v. Mullikin, 506.
If the discovery of the new matter was
made so long before the decree as to
have admitted of an application to have
it brought in, a bill of review will not
be allowed, 511.
The party must have used reasonably
active diligence in searching for and
bringing in his proofs, or a bill of review
will not be allowed, 511.
Although a bill of review may be refused
to a party because of his own demerits,
yet it may be granted with a view to the
. protection of the interests of others, 513.
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REVIVOR.
Rules to be observed on the application
of the representative of the deceased
party to be let in under the act of 1820,
ch. 161, to revive on an abatement by
death. — Labes v. Monker, 130.
The mode of reviving given by the act
of 1820, ch. 161, applies only to cases
of abatement by death, not to abatement
by the marriage of a female plaintiff —
Hall v. Hall, 132.
That new mode is confined to cases where
a proper bill of revivor will lie except
as to a devisee, 132.
The act of 1820, ch. 161, does not apply
where a subpaena scire facias is the pro-
per mode, 133; Alien v. Burke, 545.
Where a suit has abated by death, to be so
entered and not brought forward on the
docket, 132, note.
If the suit abates after a decree affecting
both real and personal property, it may
be revived by the heirs or personal re-
presentatives or by either. — Colegate D.
Owings' case, 409.
There may be a revival for costs, 409.
After a decree to account either party may
revive. — Griffith v. Bronaugh, 548.
ROADS.
A mill race not a building within the mean-
ing of an act of Assembly for opening a
new road. — Worthington v. Bicknell, 187.
SALES UNDER A DECREE.
Where it appears that the person reported
as the purchaser had no design to baffle
the court, he may be discharged on pay-
ment of costs. — Deaver v. Reynolds, 50,
Where the property of a debtor has been
sold for an amount equal to the whole
claim the debtor is discharged, notwith-
standing any subsequent depreciation or
failure in collecting the proceeds of sale.
Hoye v. Penn, 64.
The trustee may be directed to convey to
the assignee of the purchaser on the
payment of the purchase money, 36, 39.
Under a decree for a sale, in a creditors
suit, the then growing crop should not
be sold. — Taylor V. Colegate, 365.
On a sale under a decree the court is the
vendor, and as such the holder of the
equitable lien. — Iglehart v. Armiger, 527.
If the purchase money be not paid the
court upon its equitable lien may order
a resale at the risk of the purchaser. —
Mullikin v. Mullikin, 541.
SOLICITORS.
Money may be paid out of court to a so-
licitor of the party entitled to it. — Hoye
v. Penn, 40 note.
A commission allowed to solicitors accord-
ing to an admitted special agreement. —
Strike's case, 63, 95.
A contract between a solicitor and suitor
for professional services cannot be in-
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