702 . INDEX.

of a certain amount due, duplicate	It is sufficient that the husband alone be
writs of ne exeat are ordered to seve ral counties, in one or other of which	made a party, to shew that he has ob- tained satisfaction of the chose in action
the defendants were expected to be	of his wife. — Contee v. Dawson, 281.
found Sloss v. McIlvane, 72.	Who may or must be made parties to a
	creditor's suit. — Hammond v, Ham-
OPINION.	ond, 347, 349.
opinion asked by a Provincial Chan-	The creditors of the ancestor of a deceased
cellor of some of the judges	debtor may come in under a creditor's
courts of Westminster.— Birchfield v.	suit, without making the executor or
Miller, 59.	administrator of such deceased ancestor
The Chancellor may ask the opinion of	parties. — Hindman v. Clayton, 341.
the judges on any question of law. — Chamberlain v. Brown, 221.	Where the debt is joint and several, all the debtors must be made parties. —
	Watkins v. Worthington, 522.
PARTITION.	The general rule, that all persons inte-
A partition of personal estate can be or-	rested must be made parties, is made
dered only by a Court of Chancery ;	to yield where necessary either as io
and if necessary, a sale may be order-	plaintiffs or defendants, 524
ed.— Crapster v. Griffith, 25.	All questions as to parties must be finally
On a partition decreed to be made among	adjusted before there can be a decree to
devisees, the parties ordered to pay costs in proportion. — Winder v. Diffen- derffer, 179, 180.	account. — Helms v. Franciscus, 559. Alt persons having an interest in the ob- ject of the suit should be made parties.
A part of the property being incapable of partition, ordered to be sold, and the	Worthington v. Lee, 680. A mortgagor who has not been legally
proceeds divided among the devisees,	divested of his whole interest, must be
130.	made a party, 682.
A trustee who had held the estate order-	A mortgagor who has an interest in sta-
ed to account for its rents and profits,	ting the account, or fiom whom any
179.	discovery may be drawn, may be made
Real estate devised to be sold and the	a party, 683.
proceeds divided, on petition ex parte,	It is not necessary to make the personal
a trustee appointed for that purpose. — Ex parte Boone, 321.	representatives of the mortgagor a party to a bill to foreclose or sell; but upon
Bonds taken by the trustee who made	the death of the mortgagee it is neces-
the sale, ordered to be assigned to the parties entitled, 321.	sary to make both his heirs and per- sonal representatives parties, 684.
A devise of the rents and profits of land	PATENT.
for the maintenance of several infants, not susceptible of partition. — Tilly v.	A patent vacated on the ground of fraud. Seward v. Hicks, 261.
Tilly, 438. Specific performance of an agreement for partition decreed. — Norwood v. Nor- wood, 476, 483, 485.	A patent cancelled by tearing off the seal in open court, and sending a certificate thereof to the other courts where it had been recorded, 262.
PARTIES.	Where the relator, or he under whom he
No one is a party to the suit against whom no process is prayed. — Binney's case, 106.	claims had notice, and yet made no opposition, the patent will not be va- cated. — The Attorney General v. Biggs,
A misnomer may be waived, but if relied on it is fatal, 107.	262. PLEA.
Where the legal capacities of parties as	An answer as to the same facts over-rules
charged are different, such capacities	the plea.— The Bank v. Dugan, 257.
must be considered as if they were	PORT
different persons, 108.— Tilly v. Tilly, 445.	What constitutes a port, its nature, &c. —
A corporation can only be called on to answer by its proper name. — Binney's case, 106.	Binney's case, 156, 157. Canal and sea vessels should meet in a port, 162, 165.
A ereditor's suit making the heir at com- mon law a party, with a publication	PRACTICE. Where one of the defendants answers and
against the other heirs.- Kilty v.	disclaims, the bill may be at once dis-
Brown, 223.	missed as to him with costs. — Kipp v.
To a creditor's suit by a surety his prin-	Hanna, 28.
cipal was not made a party. — Arthur v. The Attorney General, 246.	A feme covert on failing to answer may be attached, 28.