|
|
An injunction may he granted to protect
the mortgaged property before the debt
becomes due, 180.
A sale, instead of a foreclosure of an
infant's mortgaged estate, must always
be for his benefit. Williams' case, 194.
In a decree for the sale of a mortgaged
estate, the mortgagor must always be
allowed time to pay the debt before a
sale. Jones v. Belsworth, 194.
But the allowing of further time by the
decree to the mortgagor to pay the
debt, seems to be unjust. Williams'
case, 196, note.
The tacking of one claim to another is
never allowed, to the prejudice of
other creditors. Coombs v. Jordan,
330.
A mortgagee in possession may be allow-
ed for lasting improvements. Neale v.
Hagthrop, 590.
NUISANCE.
The natural condition of certain land de-
clared to be a nuisance, which the
owner of the soil was required to re-
move. -The Wharf case, 376.
A gunpowder manufactory not a nuisance
because of the loose manner in which
the edifices have been constructed.
The Bellona Company's case, 447.
PARTITION.
This court has jurisdiction to make par-
tition of real and personal estate; but
if the personalty be in the hands of the
executor or administrator it should be
distributed under the authority of the
Orphans Court. Hewitt's case, 185.
PARTNERSHIP.
Partnership debts must be first paid out
of the joint estate; and the separate
debts first paid out of the separate es-
tate. Siinmons v. Tongue, 356.
A partnership may be dissolved by the
act of God, as by insanity; by the act
of the government, as by a war between
the countries of the partners; or by
some of the members becoming1 a body
politic. The Cape Sable Company's
case, 674.
PLEAS AND PLEADING.
Where the purchase money of land is
the consideration of several bonds, the
contract is so entire, that if the con-
sideration be shewn to be insufficient
by any one defendant, such defence
will enure to the benefit of all others,
even as against whom the bill might
otherwise have been taken pro confesso.
Walsh v. Smyth, 16.
Bat where them is a ground of relief
available by all the plaintiffs obligors,
any of them may waive the benefit of
it without affecting the others, 25.
87 v.3
|
A demurrer or a plea may be said to
answer the bill; but they are not that
kind of answer which it calls for.
Salmon v. Clagett, 135,
A demurrer or plea only supposes the
facts stated in the bill to be true; and
therefore such facts cannot, in another
case, be given in evidence as admis-
sions of the defendant, 185, 140.
A demurrer supposes the facts stated in
the bill to be true; but avers, that they
constitute no ground of relief, 18§.
A plea supposes the facts set forth in the
bill to be true; but states other facts
which displaces the equity; or it af-
firms the legality of that which is im-
peached by the bill, 135, 147, 149.
The form of an incongruous plea with an
answer in its support. Bisssett v. Bis-
sett, 135, note.
After a plea has been overruled, the de-
fendant may be examined on inter-
rogatories to supply the defect, Sal-
mon v, Clagett, 147.
A demurrer or a plea may be amended
or ordered to stand for an answer, 148,
The cases which consider any matter in
avoidance embodied in an answer as
operating like a plea make a new use
of an answer which cannot be allowed,
149, 158.
The nature of a bill of discovery. Price
v. Tyson, 397.
A defendant, in answering a bill of dis-
covery, may set forth any pertinent
matter in avoidance, 397.
No matter , stated by way of answer,
which affords such information as the
bill calls for, or which may be needful
as a defence, can he deemed imperti-
nent, 400, 404.
Nor can any matter which is pertinent to
the case, be deemed scandalous, 400,
404,
The legality of evidence brought out by
a bill of discovery, must be determined
by the court of common law for whose
use the discovery was made, 405,
PORT.
The nature of a public sea-port, The
Wharf case, 369.
In all public ports there are rights affect-
ing commerce, internal government,
and private property, by which the
title to and use of a wharf therein must
be controlled, 371.
PRACTICE,
Where the contract is entire, a good de-
fence going to the whole, by one de-
fendant must enure to the benefit of ill,
even those against whom the bill might
otherwise have been taken pro confesso.
Walsh v. Smytft, 16.
But where there is a ground of relief
available to each of several plaintiffs,
|
|
