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Where there are two or more defendants
the injunction will not, in general, be
dissolved on motion until all have an-
swered. — The Cape Sable Company's
case, 614, 623.
But on the coming in of the answer of
each defendant, the motion to dissolve
may be renewed. — Cross v. Mullikin,
618.
On the service of an injunction the party
if in custody must be discharged; or the
personal property, if taken under the
fieri facias must be delivered back. —
The Cape Sable Company's case, 637.
But the realty which had been so taken
under the fieri facias may, after the dis-
solution of the injunction, be sold un-
der a venditioni exponas, 638.
INSOLVENCY.
A person who has been finally discharged
under the insolvent law cannot, in ge-
neral, sue or be sued in relation to any
property so transferred to his trustee
For the benefit of his creditors. — Hall
v.. McPherson, 534.
A discharge under the insolvent law of a
party to a pending suit does not ope-
rate as an abatement; but the suit be-
coming thereby defective, the defect
must oe removed before it can pro-
ceed, 538.
INTEREST.
Where a public collector is directed on
default to be charged W per cent.; such
interest must be computed to the judg-
ment, and then common legal interest
on that aggregate amount until paid. —
Beard v. Williams, 163.
In general the tenant for life, or particu-
lar tenant, must keep down the interest
of the debt with which the estate is en-
cumbered. — Williams' case, 245.
JUDGMENT.
An absolute judgment against an execu-
tor or administrator is conclusive as
between the parties to it; but is not so
as between such creditor and the heir ;
yet the heir may, to that extent, obtain
reimbursement from the executor or
administrator.— Post v. Mackall, 499,
519.
A judicial lien, when barred by lapse of
time, cannot be revived so as to have a
retrospective effect prejudicial to the
rights of others. — Coombs v. Jordan,
124; Post v. Mackall, 517; The Cape
Sable Company's case, 660.
Where a judgment has abated by death
during the continuance v.f the lien, the
plaintiff, or his representatives, may
come in, under a creditor's suit, and
have the benefit of such lien without
reviving at law. — Coombs v. Jordan,
326.
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Where the execution of a judgment hat
been suspended, the lien continues its
limited time alter such suspension,
32S.
The bringing of an action of debt upon a
judgment amounts to a virtual aban-
donment of any then existing lien aris-
ing therefrom. — The Cape Sable Com-
pany's case, 660.
JURISDICTION.
Where jurisdiction in a particular case
lias been conferred on the Chancellor,
by a special act, he follows the autho-
rity exactly as given. — Hepburn 's case,
96.
An objection to the jurisdiction or to the
capacity of" the plaintiff to sue, may be
presented in any ibrm or at any time. —
Salmon v. Clagett, 143.
The court can pronounce no decree pre-
judicial to any public right appearing
upon the record. — The Wharf case,
383.
LAND.
How and why real estate was exempted,
by the common law, from being taken
in execution and sold for the pay-
ment of debts. — Tessier v. Wyse, 38 ;
Coombs v. Jordan, 298; The Cape Sa-
ble Company's case, 639.
The personal estate the primary and na-
tural fund for the payment of debts,
therefore the realty should not be ta-
ken in execution where there is per-
sonalty present. — Tessier v. Wyse, 39,
42; The Cape Sable Company's case,
640.
Escheatable lands may be sold under a
creditor's suit, and the proceeds distri-
buted without preference and only
among citizen creditors.— Tessier v.
Wyse, 53.
An instance in which, as it would seem,
a fee simple in lands may, by the com-
mon law, become assets in the hands of
an executor. — Coombs v.. Jordan, 300.
Land here, before the revolution, consi-
dered much more of the nature of com-
mercial property than in England, 302.
An imperfect legal title in the land office
considered as a sort of chattel real, 303.
An instance in which lands held in fee
simple were sold under an inquisition
for the payment of debts, 304.
The statute subjecting lands to be taken
in execution and sold, considered and
explained, 304, 309.
The land office is considered as the gene-
ral market in which all public lands
are sold.— Baltimore P. McKim, 455.
Individuals were not permitted to pur-
chase land of the Indians, 456.
No appeal is allowed from any decision
in a caveat case, 457, 462.
In some cases individuals are allowed to
acquire a legal title to land from the
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