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the plaintiff has a legal capacity to sue,
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cident to the bend, with which it has
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143,
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been blended. — Ridgely v. Iglehart,
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The disclosures called for by the bill can
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547.
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only be such as are pertinent and ma-
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terial to the plaintiff's case, 144.
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BOUNDARY TREES.
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The nature of a bill of discovery. — Price
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The number of concentric layers formed
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v. Tyson, 397.
On a bill for delivery or sale, and an ac-
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outside of the chop -mark of a boundary
tree, adduced to shew when the mark
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count, the decree for the plaintiff should
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was made; not to be relied on. — Patter-
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direct a delivery or sale, and then an
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son v. McCausland, 69, 94.
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account up to that time.— Neale v.
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A man may have an estate of inheritance
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Hagthrop, 601.
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in land so long as a tree shall grow,
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Statements in a bill or answer as to agree-
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72.
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ments with persons not parties to the
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The oak is said to live more than a thou-
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suit, the nature and validity of which
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sand years; but the average term of
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agreements are not drawn in question,
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life of most forest trees seetns to be in-
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may be rejected as mere surplusage,
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definite, 69.
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566.
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The difference between exogenous and
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Where, on a bill filed against a corpora-
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endogenous plants, 76.
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tion, it is shewn or admitted to be in a
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The concentric layers of wood in the
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condition of absolute insolvency, it may
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trunk of an exogenous tree, it has been
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be thenceforward treated as a creditor's
|
said, are annuarforinations which shew
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bill. — -The Cape Sable Company's
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its age, 69.
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case, 626, 655.
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But this hypothesis not having been
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shewn to be a regular course of nature,
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BOND.
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the number of such layers cannot be
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Where the purchase of land is the alleged
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received as evidence of any lapse time,
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|
consideration of several bonds, the con-
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94.
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tract is so entire, that if the considera-
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CANAL.
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tion be shewn to be insufficient by any
one defendant, such defence will enure
to the benefit of all the others, even as
against whom the bill might otherwise
have been taken pro confesso. — Walsh
v. Smyth, 16.
But where there is a ground of relief
available by all the plaintiffs obligors,
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A canal required to be kept in repair for
the use of the public deemed a high-
way, and the acts of Assembly in re-
lation to it, public laws of which the
court must take notice. — Bosley », The
Susquehanna Canal, 65.
A right of way is nothing more than a
special and limited right of use; all
|
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|
any of them may waive the benefit of
it without affecting the others, 25.
|
else belongs to the fee simple owner, 67.
The usual provision in canal and road
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|
Where the heir, beinsj bound by bond in
|
acts for the condemnation of private
|
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|
respect of assets descended, pays the
debt, he may be reimbursed out of the
personal estate. — Tessier v. Wyse,
41.
|
property, held to be a substitute for
the writ of ad quod damnum. — Compton
v. The Susquehanna Rail Road, 389.
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A bond creditor, the heir being bound,
|
CONFISCATION.
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|
may at his election sue either the heir
or executor at law, even although
there may be a sufficiency of personal-
|
The nature and principles of the revolu-
tionary confiscation acts considered and
applied. — Hepburn's case, 114.
|
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ty, 40.
On a sale under a decree, the bonds taken
for the purchase money may be as-
signed in satisfaction to those entitled
to the proceeds of the sale. — Kilty v.
Quynn,213.
|
The debts of a debtor were formerly, as
a matter of grace, always paid out of
his forfeited or escheated estate,118.
The confiscation acts gave to the credi-
tors of alien enemies remedies as ef-
|
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|
Where a man by writing under seal,
binds himself and his heirs for the
|
fectual as those taken away; and re-
moved no property beyond the reach
|
|
|
|
payment of money, his real estate in
|
of such creditors, 116.
|
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|
the hands of his heir is liable at com-
|
CONSTITUTION.
|
|
|
|
mon law to be taken in execution. —
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|
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|
Coombs v. Jordan, 901.
The distinction between simple contract
|
AH our governments are mere delegations
of power for the benefit of a sovereign
|
|
|
|
and specialty debts. — Post v. Mackall,
520.
The lien given by the act to direct de-
|
people.— Hepburn's case, 96.
No unlimited discretionary power can be
conferred on the judiciary by the legis-
|
|
|
|
scents, repudiates every thing like an
|
lature, 97.
|
|
|
|
equitable lien, and can only be enforced
|
By virtue of the power of eminent domain
|
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|
at common law, as a statutory lien in-
|
private property may be taken for a
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