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liable at common law to be taken and
gold under a fieri facias, 800.
Where a man by writing under seal,
binds himself and MB heirs to pay
money, his lands in the hands of his
heir may, at the common law, be taken
in execution to satisfy the debt, 301.
An imperfect legal title in the land office,
considered as a chattel real and liable
to be taken in execution at common
law, 308.
The statute subjecting lands to be taken
in execution and sold, considered and
explained, 304, 309.
Real estate cannot be sold under an exe-
cution from a justice of the peace, 309.
Growing crops and emblenaents may be
taken and sold under a fieri facias,
312, 31S.
What kind of incorporeal hereditaments
may be taken in execution, 315.
Some kinds of interests in real estate
cannot be taken and sold under a fieri
facias, 316.
The power to issue writs of capias od sa-
tisfaciendum and fieri facias given to
the Court of Chancery, to the like ex-
tent as used by the courts of common
law, 321; The Cape Sable Company's
case, 638.
A capias ad satisfaciendum and a fieri
facias may be at once sued out upon a
judgment or decree, so that they be
not both executed at the same time.
— Coombs v. Jordan, 821; The Cape
Sable Company's case, 665.
From the complex nature of some de-
crees it may not be practicable to en-
force them entirely by a fieri facias. —
Coombs v. Jordan, 321.
After the dissolution of an injunction the
realty which had been previously taken
may he sold under a venditioni exponas.
— The Cape Sable Company's case,
638.
The personal estate being the natural
fund for the payment of debts, should,
although not so expressly oidered by
law, as far as practicable be first taken
in execution. — Tessier v. Wyse, 39, 42 ;
The Cape Sable Company's case, 640.
EXECUTORS AND ADMINIS-
TRATORS.
An executor or administrator regarded
in equity as a trustee; yet has an un-
quahned ownership of the assets to a
certain extent. — Salmon v. Clagett, 169;
Neale v, Hagthrop, 565.
Every person who acquires personal
assets by a breach of trust or devastavit
in the executor or administrator is re-
sponsible to those entitled. — Salmon v.
Clagett, 169.
No one who joins in a deed with the ad-
ministrator In mortgaging the assets
can, as next of kin, complain of their
misapplication, 170.
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An instance in which it would seem, that
a fee simple estate might become
assets in the hands of an executor. —
Coombs v. Jordan, 300.
An imperfect legal title in the land office,
considered as a sort of chattel real and
assets in the hands of the executor, 303.
The personal estate must be so disposed
of as to leave no supeiannuated slave
as a burthen upon it or the public. —
Post v. Mackall, 526.
The marshalling of assets, in what cases
it may be made without prejudice to
the creditors, 502.
An administrator de bonis non can recover
only such assets as have not bec;n con-
verted or distributed by his predeces-
sor. — Neale v. Hagthrop, 562.
Although the next of kin have a vested
interest in the surplus, they can only
make title, or recover from or through
an administrator, 564.
An executor or administrator may an-
swer according to his belief, 563.
FIXTURES.
What are so considered as, between
vendor and vendee; landlord and te-
nant; or heir and executor. — Coombs
v. Jordan, 311.
HIGHWAYS.
All laws in relation to canals and other
highways are public laws of which the
court must take notice. — Bosley v. The
Susquehanna Canal, 65.
A rig lit of way is nothing more than a
special and limited right of use; all
else belongs to the fee simple owner,
67.
A toll for the use of a highway, wharf, or
market, is in the nature of a tax which
cannot be levied without the express
sanction of the General Assembly. —
The Wharf case, 375, 380.
The usual piovision in road and canal
acts for the condemnation of private
property, held to be a substitute for the
writ of od quod damnum. — Compton v.
The Susquehanna Rail Road, 389.
IMPROVEMENTS.
Under the head of just allowances a
mortgagee or trustee in possession is
allowed for necessary repairs, and per-
manent improvements. — Weale v. Hag-
throp, 590.
The value of such improvements to be
estimated as of the day when the plain-
tiff obtains possession of them, 591.
INFANTS.
The cases in which the parol shall de-
mur, and how altered by act of Assem-
bly.— Tessier v. Wyse, 41, 49; Ander-
tea v. Rawlins, 41.
The mere fact of an infant's having at-
tained bis full age is not a ground for
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