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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 708   View pdf image (33K)
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708 INDEX.

he may sell as he can, 144; Mackubin
v. Brown, 413.

ship, he mar be compelled to bring the
purchase money into court. — McKim v.

He cannot give notice to creditors with-

Thompson, 161.

out an order from the court. — Gibson's

A purchaser has a right to demand a

case, 144.

sound legal title, unless it has heen oth-

Commissions to trustees are regulated by

erwise distinctly understood at the time

act of Assembly and by rule of court,

of the purchase. — Stewart v. Barry, 192,
To ascertain the true nature and meaning

A trustee may employ an auctioneer to

of a contract the court may look into

whom a fee of five dollars may be al-

all the contemporaneous dealings and

lowed for each separate sale, 147.

agreements between the parties, — Han-

The commissions of a trustee may be

nah K. Chase's case, 225.

increased, diminished, apportioned, or

The forms by which a feme covert of full

withheld according to circumstances,

age may legally convey her right to real

147; Millar v. Baker, 149.

estate or bar her right to dower, 228.

[f a trustee fails to bring in or account for

The origin and objects of recording con-

the money, bond, or notes, he may be

veyances for land, 230, note.

charged with the whole amount of the
sales. — Mackubin v. Brown, 416.

The usual receipt for the purchase money
on a deed for land is evidence of the low-

Bonds and notes may be assigned to the

est order. — Lingan v. Henderson, 249.

parties in satisfaction of their claims,


but it is most usual to suffer the trustee


to hold them for collection, 416.
By holding the trustee liable the court

A mortgagee in possession may be charged
with, and made to account for waste. —

neither parts with any lien, nor exone-

Rawlings v. Stewart, 22.

rates any one else, 417.

On a hill for specific performance the de-

A delinquent trustee cannot ^e let in to

fendant being unable to make a valid title

have the benefit of a discount as against
any claimant in the case, 417.

was perpetually injoined from recovering
the purchase money, and the plaintiff or-

Where a report of the auditor has been

desed to account for waste beyond what

affirmed, and the trustee directed to dis-

might have been proper in the use of

tribute the proceeds accordingly, he

the land. —Rawlings v. Carroll, 76.

must distribute the amount in hand ac-

The difference between waste and tres-

cording to that proportion, and the resi-

pass. — Duvall v. Waters, 571.

due in the same way as received. —

An injunction maybe granted here to stay

Iglehart v. Armiger, 521.

waste in any case in which it would be

A trustee and his surety may be called on

allowed by the English law, 576.

to bring the money into court or shew

The nature and office of a writ of estrepe-

cause.— Mullikin v. Mullikin, 539.

ment, 573.


The writ of prohibition to stay waste, 572.


Where waste has actually been committed

Land sold in a body, by a designated

the plaintiff under an injunction bill

name, or by the acre, there can be no

may have an account of waste, 577.

claim for deficiency. — Hoffman v. John-

There is no common law mode of pre-

son, 109; Murdoch v. Beal, 109,

venting a threatened trespass, 573.

But it is otherwise if it be sold by the


tract containing so many acres more or


less, 109.

A summons for witnesses to depose before

To every grant of land from the State there
is an implied warranty to make up the

commissioners to take evidence must he
served by the sheriff if required, upon

specified quantity to the holder, 110.

which their attendance may be enforced

A holder of the legal title may by a war-

by attachment. — Bryson v. Petty, 182.

rant of resurvey take in any contigu-

The policy of the law does not permit a

ous vacancy, 110.

solicitor to divulge the secrets of his

A vendee has aright to,and is bound to take

client without his consent. — Hannah K.

all incidents to the land he purchases,

Chase's case, 222; Hodges v. Mullikin,

and therefore must take land which the


vendor has included by a warrant of re-

A commission may be granted to take the

survey. — Hoffman v. Johnson, 110.
Land devised to be sold was sold by the

deposition de bene esse of an aged and
infirm witness. — Lingan v. Henderson,

executor under an apprehension, that he
was authorized to do so, the sale was af-
firmed.— Ex parte Margaret Blacky 142.

238; Rymer v. Dulany, 288.
A witness may be compelled to attend and
give evidence under a commission sent

After a hill filed, if the purchaser, being

fiere from another State. — Gibson v.

in possession, exercises acts of owner-

Tilton, 354.


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Bland's Reports, Chancery Court 1809-1832
Volume 201, Page 708   View pdf image (33K)
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