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100 HEPBURN'S CASE,
or so that the property might be made productive for the relief of
the necessities of those interested; or to enable infants to convey
in pursuance of a will under which they took as devisees. Under
such laws the Chancellor proceeds according to the mode pre-
scribed, pursuing the ordinary course of proceeding in aid of such
private acts, and only so far as they are silent as to the mode of
proceeding and the powers conferred by them may be so executed,
and are constitutional, (n)
Here it is perfectly manifest, that the resolution by which this
case has been referred to the Chancellor, makes no assumption of
facts; nor admits any; nor, on behalf of the state, waives the
benefit of the well established principles of law or equity properly
applicable to the merits of the case; but on the contrary it calls
upon the state's chief law officer to attend and defend its rights
and interests, (o) The case was presented to the General Assem-
bly by petition, accompanied by sundry vouchers and documents;
and, in that form, it has been turned over to the Chancellor to ad-
judicate upon; and hence, discarding the mere forms and modes of
proceeding by which controversies are brought before this court,
and prepared for final decision and nothing more, the case must
be heard and disposed of according to the substantial principles of
equity, as if it had been brought here pursuant to the regular course
of proceeding. And, consequently, without any reference to the
mere forms peculiar to this court, the claim must be considered on
its merits; that is, as a common controversy between a creditor
and debtor, merely putting the state in the place of the Mollisons;
but giving to the creditor every advantage he ought to have, upon
the ground that the acts of the state, if any such there be, have
embarrassed, postponed, or destroyed his remedy against his debt-
ors, the Mollisons, without affording him another equally efficient.
Proceeding then, to consider this case as one, which like all
others, legally submitted to the Chancellor for adjudication, must
be governed by the principles of law and equity arising out of the
facts of which it is composed, it will be necessary in the first place
to gather up all those facts, and exhibit them in their proper order.
The case as to facts stands thus:
It appears that William and Robert Mollison, merchants resident
in London, were some time before and until about the year 1775,
(n) Cambells, 2 Bland, 230; Williams' case, post; Hughes' case, 1 Bland, 46;
Iglehart v. Armiger, 1 Bland, 520.—(o) 3 Blac. Com, 256; Mitf. Plea. 31.
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