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An absolute judgment against an executor
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and specialty debts.— Post v.. Mackall,
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or administrator conclusive as between
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520,
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the parties to it; but not so as between
such creditor and the heir; yet the heir
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The marshalling of assets, in what cases it
may be made without prejudice to cre-
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may, to that extent, obtain reimburse-
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ditors, 502.
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ment from the executor or administra-
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A claim for contribution, being a second-
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tor.— Post v. Mackall, 499, 519.
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ary one, arising among co-debtors or
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The personal estate must be so disposed
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those chargeable as such, can never he
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of as to leave no superannuated slave
as a burthen upon it or the public, 526.
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made or adjusted to the prejudice of
creditors. — McCormick v. Gibson, 507.
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An order to take evidence to establish
claims in general, 496.
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A plea of the statute of limitations by one
heir against the plaintiff's claim ope-
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Where an heir relies on the statute of
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rates only as a bar of so much of it as
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limitations and the sufficiency of the
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such heir's proportion of the whole es-
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personal estate, and another heir relies
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tate bears to the whole of the claim. 508.
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on the sufficiency of the personalty ;
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This proportional deduction, unlike a
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and the Court of Appeals decide on the
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claim for contribution, is an immediate
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plea of the statute only and remands
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and preliminary right, according to
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the case; this court must consider the
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which the claim of the creditor must
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insufficiency of the personalty as thus
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be cut down before any others can be
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established. — McCormick v. Gibson,
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called on to pay the sum thus ascer-
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501.
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tained, 508.
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Any bar which precludes a creditor from
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DECREE
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the personal estate enures to the bene-
fit of the heir for his protection also,
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The old form of a decree setting forth the
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508.
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whole case as it appeared to the court.
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A plea of limitation may be sustained
by the heir although there be a judg-
ment against the executor or adminis-
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— Anderson v. Rawlins, 41.
A decree for a sale virtually puts the es-
tate under the protection of the court ;
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trator, 508.
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after which an injunction maybe gran-
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No creditor can be allowed to obtain more
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ted to stay waste; or it may be so dis-
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than his due proportion, taking into
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posed of, pending the suit, as to pre-
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consideration that which he may have
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vent loss.—Tessier v. Wyse, 60; Wil-
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obtained from the personal estate, 509.
Where on a hill filed against a corpora-
tion it is shewn or admitted to be in a
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liams' case, 215.
A decree in a creditor's suit for a sale of
the realty and an account of the person-
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condition of absolute insolvency, it may
be thenceforward proceeded on as a
creditor's bill. — The Cape Sable Com-
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alty. — Tessier v. Wyse, 59
A decree quia timet to protect mortgaged
property before the debt became due.
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pany's case, 626, 655.
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—Salmon v. Clagett, 181.
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Where a claim has been put in issue and
established between the proper parties,
it cannot be called in question by any
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A decree against both parties upon the
ground, that the property in controversy
belonged to the public.— The Wharf
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creditor who may thereafter come in,
642, 606, 672.
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case, 384.
A decree to account for the proceeds of
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the sale, and the profits of property
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DEBTOR AND CREDITOR.
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which had been held in common. —
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A creditor is not bound to use active di-
ligence against his debtor. — Tessier v.
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McKim v. Odom, 411.
As by a decree to account the defendant
becomes an actor, the plaintiff cannot
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Wyse, 35.
Where the heir, being bound by bond in
respect of assets descended, pays the
debt he may be reimbursed out of the
personal estate of the deceased, 41.
The death of a debtor is never allowed to
impair the obligation of his contract as
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thereafter dismiss his bill without no-
tice to the defendant by a rule further
proceedings. — Hall v.. McPherson, 533.
The decree should first decide upon the
plaintiff's title, as there can be no ac-
count if he has no title. — Neale v. Hag-
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regards his estate, 37.
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throp, 561.
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On m scire facias against the heirs and
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DEED.
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terre-tenants they must be all summon-
ed, to the end, that they may have the
benefit of contribution as among them-
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The legislative enactments which require
deeds to be recorded are intended to
preserve the evidence of the contract,
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selves, 40.
Partnership debts must be first paid out
of the joint estate; and the separate
debts first paid out of the separata es-
tate. —Simmons v. Tongue, 856.
Tile distinction between simple contract
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but require no new solemnity as a ne-
cessary constituent of a deed. — Salmon
v. Clagett, 172.
A deed by which a father conveyed all
hit personal estate to hit son", upon
condition, that the son should satisfy
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certain specified creditors of the father.
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