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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 688   View pdf image (33K)
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§88 INDEX.
execution thereon has the land bound
by such statutory lien taken and sold,
be thereby extinguishes his lien, 549.
There can he no Hen on lands lying be-
yond the direct or indirect range of an
execution from the court in which the
judgment is rendered. — The Cape Sa-
ble Company's case, 638, 660.
But now and here the judgments and de-
crees of the County Courts, the Court
of Chancery, and the Court of Appeals
give a lien upon the lands of the defen-
dant every where within the state, 638.
Where the parties have acquiesced in hav-
ing real and personal property mingled
and indiscriminately sold, the judg-
ment creditors must be allowed the
benefit of their lien, as if the who!*
proceeds of the sale arose from the sale
of the realty only, 660.
LIFE INTERESTS.
The various cases in which it may be-
come necessary to put a present value
upon a life interest in property. — Wil-
liams' case, 221.
The early adjudications in relation to (his
matter, 222,
The formation of tables shewing the ex-
pectation of human life at every age,
by whom and where made, 227, 235,
238.
The expectation of life differs according
to place, class and sex, 228.
The expectation of life and also of mar-
riage, 236.
In ascertaining the present value of a life
interest, and in apportioning a burthen
between the tenant for life and the re-
mainderman or reversioner, the esti-
mate must be made from a considera-
tion of all circumstances; and in mak-
ing the estimate much assistance may
be derived from tables shewing the ex-
pectation of life, 240, 244.
In general the tenant for life must keep
down the interest of the debt with
which the estate is encumbered, 235.
The census of this and other countries as
shewing the increase of population,
and the expectation of human life> 246,
250.
The expectation of life of the African
race in our country in most situations,
greater than that of the white race, 201 .
The mode of ascertaining the present
value of a life interest in some of the
States of the Union, 252.
The assessment laws and the constitu-
tional rule which requires every one
to contribute his proportion of public
taxes according to his actual worth in
property, considered with reference to
the valuation of life interests, 258, 264.
Can any property be exempted from tax-
ation, 256.
The legislative rule and the rule of the
court whereby the value of dower and
other life interests are to be ascertained,
264, 275; Cassanave v. Brooke, 267;
Greenwood v. Clarke, 268.
The errors of the rule of this court, and
of the legislative rule whereby the
value of dower is adjusted, 275, 281.
The rule for adjusting the value of dower,
and of other life interests, 282.
The valuation of a life interest should be
made as of the day when it is taken
away, 282.
Where a life interest has been extin-
guished, its equivalent then vests and
will pass accordingly like other pro-
perty, 283.
LUNATIC.
No dilatory proceeding or postponement
to be allowed in favour of a lunatic in
a creditor's suit. — Tessier v. Wyse, 50.
Where a defendant is in custody as a
lunatic it is of course for his com-
mittee to answer for him; but if the
committee be interested then the lu-
natic must have a guardian ad litem
appointed. — Hewitt's case, 184.
The court may order a part of a lunatic's
real estate to be sold for his mainte-
nance and the payment of his debts. —
Williams' case, 192.
On a petition and affidavit, that a certain
person is of unsound mind, a writ de
lunatico inquirendo may be issued. —
Morgan's case, 332.
A trustee of a lunatic may decline to
continue to act as such, 333.
No one should be appointed trustee of a
lunatic who is not a resident of the
state. 335.
Where there is a doubt as to the sound-
ness of mind of one who has been de-
clared a lunatic, he should be apprised
of the fact, 335.
A lunatic's runaway slave, who has been
apprehended, may be sold and the pro-
ceeds invested for the benefit of the
lunatic, 336.
A defendant shewn to be of unsound
mind may have a guardian ad litem
appointed to answer for him without a
writ de lunatico inquirendo. — Post v.
Mackall, 488.
MONEY.
Before the revolution there was a legal
money of account of six shillings to the
dollar, and a current money of account
of seven shillings and sixpence to the
dollar; but the accounts of executory
and administrators were required to be
adjusted in legal money. — Hepburn's
case, 105.
MORTGAGE.
Where the debt is payable by instalments,
the mortgage may be foreclosed after
the first payment becomes due. —
Salmon v. Clagett, 179.


 
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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 688   View pdf image (33K)
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