|
adjusted before there can be a decree
|
devisee art liable for debt at common
|
|
to account, 559.
|
law or by statute. — Hammond v. Ham-
|
|
An amendment of a bill as to an error in
|
mond, 817, 825, 837; Hindman v. Clay-
|
|
the plaintiff's name made on petition j
|
ton, 337.
|
|
by a mere interlineation, 546.
|
When real estate is considered as legal or
|
|
All proceedings and proofs must be
|
equitable assets. — Hammond v. Ham-
|
|
4 marked filed before they can be no-
|
mond, g20.
|
|
ticed by the court. — Addison v. Bowie,
616.
|
RECEIVER.
|
|
It is the duty of the court to have all its
|
Where the property or its profits are in
|
|
proceedings and proofs translated into
the English language. — Helms v. Fran-
|
imminent danger of being wasted or
- lost, a receiver may be appointed. —
|
|
ciscus, 551.
|
Kipp v, Hanna, 31.
|
|
PRECEDENTS.
|
REVIVOR.
|
|
The reason of a judicial decision when
cited as a precedent, may be inquired
into; but not where it is sent as a de-
cree from the Court of Appeals to this
court to be executed. — Crapster v. Grif-
|
An order to revive under the act of
assembly, on the death of a defen-
dant — Townshend v. Duncan, 47.
An order under a bill of revivor, that the
case stand revived. — Sloss v Mcllvane,
73
|
|
fith, 24.
|
RIVERS.
|
|
PRINCIPAL AND SURETY.
|
The Potomac river belongs altogether to
|
|
No one can be allowed to intrude himself
|
the state of Maryland — Binney's case,
|
|
upon another as his surety. — Winder v.
Diffenderffer, 199.
|
123, 127.
The Potomac above tide declared to be a
|
|
The principles of law and equity in rela-
|
navigable highway to a certain extent,
ml no
|
|
tion to principal and surety. — Watkins
v. Worthington, 528.
|
124, 128.
A river not navigable may be made so
by law, 125.
|
|
PRODUCING BOOKS.
|
A riparian holder has a right so to use
|
|
|
the waters of a river as not to injure
|
|
If the books of a bank are shewn to con-
tain evidence pertinent they must be
produced. —— Winder v. Diffenderffer,
|
the rights of others, 125.
The compact between Maryland and Vir-
ginia as to the river Potomac, 126.
|
|
195
Books and papers which a defendant ad-
|
A common use of rivers flowing between
conterminous states presumed, unless,
|
|
mits to be in his possession may be
|
as in the case of the Potomac, the con-
|
|
ordered in on petition, but not by way
|
trary can be shewn, 127.
|
|
of exceptions to the answer. — The
|
The banks of rivers, why designated as
|
|
Bank v. Dugan, 256.
Books and papers ordered to be produced
and lodged with the auditor. — Norwood
v. Norwood, 477.
|
right and left, 127, note.
Improved river navigation as distin-
guished from canal navigation, 158.
|
|
A petition for the production of books
|
SALES UNDER A DECREE.
|
|
and papers, to be used on a trial at law,
must give a sufficient description of
them. — Duvall v. The Farmers' Bank,
|
Any device or contrivance at a sale,
although no positive fraud be shewn,
will be sufficient to set it aside because
|
|
686.
|
of its not having been fairly made. —
|
|
REAL ASSETS.
|
Andrews v. Scotton, 644 The State v.
|
|
The heir or devisee held personally liable
|
Brookes, 43.
|
|
for the value of the real assets aliened
|
A sale may be at once ratified with the
|
|
before suit brought, leaving them in
|
consent of all parties. — Andrews v.
|
|
the hands of a bona fide purchaser en-
|
Scotton, 644; Arthur v. The Attorney-
|
|
tirely free. —— Campbell's case, 238 ;
|
General, 246.
|
|
Craig v. Baker, 238.
|
Real estate decreed to be sold by a mas-
|
|
Where there were a plurality of devisees,
the real assets in the hands of each, as
|
ter under the provincial government. —
Orchard v. Smith, 319.
|
|
specified and valued, declared to be
|
The proceeds brought in and deposited
|
|
liable.— Craig v. Baker, 238.
|
in the treasury. — Ex parte Conway, 324,
|
|
Where land had been mortgaged, by the
|
A further sale may be ordered if the first
|
|
devisor, and the devisee naa paid the
|
has not produced enough to satisfy
|
|
mortgage debt — the balance only de-
|
all. — Tyson v. Hollingsworth, 329.
|
|
clared to be real assets, subject to the
|
A purchaser for just cause may be re-
|
|
devisor's other creditors, 230.
|
leased from his purchase, but if he
|
|
How far lands in possession, reversion,
|
retains It he must pay interest whether
|
|
or remainder in the hands of an heir or
|
he gets possession or not, — Brown v
|
