INDEX. 701

sane person resides, or if he be not in	On a motion for such an order, the whole
the state, then to the county in which	of the answer must be taken together,
he last resided, or in which his pro-	and for true,
perty lies. — Campbell's case, 217.	A defendant will not be ordered to pay
In some cases his appearance before the inquest may be dispensed with, 217. Formerly the estate of a lunatic might be	money found due on a decree to account to a trustee, but to bring it into court — Tyson v. Hollingsworth, 332.
saved, but not so now, in a creditor's suit, 224— -Watkins v.Worthington, 520. The jurisdiction of the Chancellor as to infants and lunatics. — Corrie's case,	MORTGAGE. On a bill to foreclose the answer of an infant by his guardian ad litem admit-
492.	ting the facts deemed sufficient for a
	decree. — Lansdale v. Clarke, 358.
MARSHALLING ASSETS AND	A decree of foreclosure, unless payment
SECURITIES.	of the aggregate of principal ana inte-
The principles in regard to the marshal-	rest, with interest thereon by a speci-
ling of assets and securities. — Winder v.	fied day.— Atkinson v. Hall, 372.
Diffenderffer, 202; Watkins v. Worth-	That clause in the act incorporating the
ington, 532.	Farmers' Bank of Maryland, which de-
Assets may be marshalled for the benefit	clares that debts due by a stockholder
of heirs and next of kin, withoutpreju-	must be first paid before a transfer gives
dice to creditors. — Waring v. Waring, 675.	to the bank a pledge or mortgage. The Farmers' Bank of Maryland's case, 394.
MARRIAGE.	The mortgagee of stock may sell with-
	out a bill to foreclose, 397.
A marriage originally valid between then living parties can only be annulled by the general assembly. — Campbell's	An injunction granted to a mortgagee to stay waste before the debt became due. Murdock's case, 461.
case, 235. The contract of marriage, if valid when	In a bill by a mortgagee to stay waste be- fore the debt became due, the prayer
made, is, with few exceptions, valid every where. — Corrie's case, 489.	for a sale rejected as surplusage, so that on another bill to foreclose or sell, the
The binding and peculiar nature of the contract of marriage. — Helms v. Fran-	first was not considered as another suit for the same cause then pending, 463.
ciscus, 561.	A mortgagee cannot sue upon the bond
MILLS.	for his debt, and also have a foreclosure
A mill-site on a descending stream how	at the same time. — Andrews v. Scotton, 665.
constituted. — Binney's case, 114, 116. The plaintiff must describe and shew him- self entitled to a mill-site before he can have any relief founded on a claim of such property, 117. The water of a stream cannot be divert- ed to the prejudice of the owner of a mill-site on it, 118. One mill may be erected so near another, as to compete with it for its custom, 119.	In a suit to foreclose or sell, if by a sale, the whole debt should not be paid, the court cannot decree the payment of the balance, 668.— Worthington v. Lee, 683. A decree of foreclosure, but in case of payment a release of the mortgage. — Wardrop v. Hall, 666; Hunter v. Guant, 667; Buchanan v. Shannon, 667; Worthington v. Lee, 685. The act of assembly which allows a mort-
The nature of mill-sites as connected with the canals of the Potomac Com-	gagee to have a sale, does not prevent him from having a foreclosure instead thereof. — Andrews v. Scotton, 666.
pany considered, 130. The claim of surplus water issuing from a canal for mills, founded on presump-	Under a fieri facias at law against the mortgagor, the purchaser at tie sheriff's sale of the equity of redemption for less
tion, 138.	than the mortgage debt, takes it as in-
MONEY.	cumbered with the residue thereof. —
The several kinds of currency under the Provincial Government. — Parker v. Mackall, 67; Woodward v. Chapman, 70.	Worthington v. Lee, 681. A mortgagor who has not been legally divested of his whole interest, must be made a party, 682.
The proceeds of sale, specifying the se- veral kinds of money, directed to be deposited in the treasury for safe keep- ing. — Ex parte Conway, 824.	A mortgagor who has an interest in sta- ting the account, or from whom any discovery may be drawn, must be made a party, 683.
The nature and foundation of an order to	NE EXEAT.
b»ng money into court— Contee v. Dawson, 266.	On a bill to account against persons resi- dent in another state, with an affidavit
89 v.2	,