A plaintiff must state in his bill, such
facts as are necessary to entitle him to
relief; and also shew why he may ask
that relief of a court of equity.-Town-
shend v. Duncan, 45.
Where an infant takes as devisee, it is
not necessary to alledge in the bill that
he received the rents and profits, in
order to charge him; because it is the
duty of his guardian to take care of his
estate, 45.

Several infants may join in the same bill
for an account of the rents and profits
of their estate.-Woodward v. Chap-

man, 68.

The bill assumes two propositions; first,
that the subject is within the jurisdic-
tion of the court; and second, that all
parties entitled to relief, or against
whom it may be granted, are before
the court; a defect in these particulars
may be shewn at any time.-Binney's
case, 104.

BOND.

Bonds taken by a trustee under a decree,
may be ordered to be assigned to those
who are entitled to so much of the pro-
ceeds.-Ex parte Boone, 321; McMul-
lin v. Burris, 357.

A bond taken by a creditor of an heir,
will not operate as a relinquishment of
such creditor's preference, as against
the estate descended.-Hindman v.
Clayton, 342.

An appeal bond, on the decree being
affirmed, becomes thereby an additional
security for the debt.-Andrews v.
Scotton, 669.

CANAL.

Water gushing from the sides of a canal,
because of its improper structure, no
evidence of its surplus water.—Bin-
ney's case, 138.

Canal stock considered as real estate,
and although declared to be person-
alty, must be governed by the law of
the state, like the land on which it is
founded, 146.

The termination of a canal, to be ascer-
tained by reference to its nature and
Canal navigation, as distinguished from
object, 155.
The different kinds of canals in reference
improved river navigation, 158.
to their objects, 159.

Canals intended to contribute to the ma-
rine commerce of the nation, must ter-
minate in a port, 162, 165.

CAPACITY.

Where the legal capacities of parties as
charged, are different, such capacities
must be considered as if they were dif-
ferent persons.-Binney's case, 108;
The several kinds of personal incapacity
Tilly v. Tilly, 445.
to contract.-Corrie's case, 490.

CAVEAT.

In caveat cases, there being no appeal,
it is usual, where there is a reasonable
doubt, to let the patent go, so as thereby
in effect, to give the benefit of an ap-
peal. The Rail Road v. Hoye, 263.

COMMISSIONS.

The commissions allowed to a trustee,
not to be lessened on account of that
for which he had been charged with
compound interest.—Winder v. Diffen-
derffer, 207.

As the commissions allowed to an execu-
tor or administrator, are intended to
cover expenses, he cannot be allowed
full commissions, and a fee to lawyers
also.-Tyson v. Hollingsworth, 332.
A proportion of interest given on the
commissions allowed to the trustee who
made the sale, 333; Brown v. Wallace,
Commissions allowed by the Orphans
590, 591.
Court, in cases properly before it, can-
not be reversed by this court.-Jones
v. Stockett, 416.
Commissions adjusted and allowed, as
between a former and a present trus-
tee. Andrews v. Scotton, 672.

CONSTITUTION.

The sovereignty being in the people, our

The general assembly can constitution-
ally pass no law in violation of either
its general or special limitations, 232.
An act of assembly may be declared void
on the ground of its absurdity, apart
from any constitutional objection, 231.
No fact can be assumed by the legis-
lature, to the prejudice of the rights
of an individual, 230.-Worthington v.
Lee, 686, note.

Property cannot by a legislative enact-
ment, or in any form, be taken from
one man and given to another.-War-
ing v. Waring, 676.

CORPORATIONS.

A corporation can only be called on to
answer by its proper name.-Binney's
case, 106.

Where the legal capacities of parties, as
charged, are different, such capacities
must be considered as if they were dif
ferent persons, 108.

All corporations are subject to a visitato-
rial power, or to some legal control,
141, 142.

In general, a corporation may alien all
or any of its property at pleasure, 141.
Stock held by the state, subject to the
same law as that of an individual cor-
porator, 142.

The disposition of property, not for cor-
porate purposes, may be prohibited,

142.

A corporation may be formed by the con-
current acts of several governments;
but its real estate can only be dealt
with by the judicial authority of the
state in which it lies, 144, 149.
A corporation may be created here, with
a view to foreign operations, 147.
A foreign corporation may be noticed,
and may sue here in the state courts,
147.

But the jurisdiction delegated to the fede-
ral courts, being confined to states and
citizens, it is doubtful whether any cor-
poration can sue in them, 147.

Hammond, 316; Campbell's case, 209;
Addison v. Bowie, 622; Waring t.
Waring, 673.

A creditor who has no common interest
with other creditors, cannot sustain a
creditor's suit.-Ellicott v. Welch, 245;
Hammond v. Hammond, 344; Andrews
v. Scotton, 660.

A creditor's suit may be engrafted upon
a different suit then pending.-Ham-
mond v. Hammond, 346.
A creditor's suit may be sustained by a
surety, to save himself harmless.-El-
licott v. Welch, 245,

Who may or must be made parties to a
creditor's suit.-Hammond v. Ham-
mond, 347, 349.

The form and necessary allegations of a
creditor's bill, 349.-Anderson v. An
derson, 387.

On the establishment of the whole, or a
part of any one claim, and on the in-
sufficiency of the personalty being
shewn, there may be a decree for a
sale of the realty.-Hammond v. Ham-
mond, 359; Chamberlain v. Brown,
221; Boucher v. Bradford, 222; Kilty
v. Brown, 223; Hindman v. Clayton,
337; Tyson v. Hollingsworth, 329.
The decree for a sale, virtually esta
blishes the plaintiff's claim, and the
insufficiency of the personalty, unless
otherwise expressly declared; except
as regards fraud, &c. not then in issue.
Hammond v. Hammond, 359; Welch
v. Stewart, 37; The State v. Brookes,

42.

On the coming in of the answer of an
infant or lunatic, not contesting the
allegations of the bill, a decree for a
sale of the realty, as to him, may be at
once obtained.-Campbell's case, 220;
Hammond v. Hammond, 352; Cham-
berlain v. Brown, 221; Boucher v.
Bradford, 222.

In a creditor's suit, the case may be sub-
mitted to obtain a decree for a sale,
without setting it down for hearing.-
Campbell's case, 220; Hammond v.
Hammond, 359.

The parol does not demur in a credi-
tor's suit, by reason of the infancy of
a defendant.-Campbell's case, 224;
Hammond v. Hammond, 330, 344, 351;
Watkins v. Worthington, 519.
Although creditors, merely as such, have
no lien on the real estate of their de-
ceased debtor; yet, the heir or devisee
cannot alien it to their prejudice after
a creditor's suit has been brought.-
Campbell's case, 240.

A proceeding against the heir at common
law, with a publication against the
others, in a creditor's suit.-Kilty v.
Brown, 223.

Where it appears by the voucher of a
claim in a creditor's suit, that the de-
ceased, with others, was bound, the
creditor must shew whether the de-
ceased was principal, surety, or co-sure-
ty, and if surety, that the others are
insolvent.-Watkins v. Worthington,
516; Killy v. Brown, 223; Hindman v.
Clayton, 341.

Of the proof required of the nature of the
contract, whether principal, or surety,
or co-surety, and of the insolvency of
the principal or co-surety.-Watkins
v. Worthington, 540.

A creditor's suit does not profess to be
the demand of a single creditor; but is
a call for the administration of the es-
tate for the benefit of all, 525.
A creditor's suit to obtain the sale of real
estate which had escheated.-Arthur
v. The Attorney-General, 245.
To a creditor's suit by a surety, his prin-
cipal was not made a party, 246.
A creditor's suit against an executor
alone. The Bank v. Dugan, 254.
A creditor permitted to come in before
the defendant had answered, 255.
Where real estate is devised to be sold
for the payment of debts, a trustee ap-
pointed ex parte, and treated as a cre-
ditor's suit-Hammond v. Hammond,
321; Deakins' case, 398; Ex parte
Tongue, 322.

A simple contract creditor, cannot sus-
tain an action at law, against the heir
merely, in respect of assets descended,
but must file a creditor's bill.-Ham-
mond v. Hammond, 325.

Real estate devised to be sold for the

payment of debts, directed to be sold
by a master, under the provincial go-
vernment.-Orchard v. Smith, 319.
The decree for a sale in such case, di-
rected notice to be given to the credi-
tors to come in, 319.

Notice to creditors to file the vouchers of
their claims, directed to be given by
the decree for a sale, or by an order.-
Hammond v. Hammond, 360, 364; Ex
parte Tongue, 322; Tyson v. Hollings-
worth, 329; Hindman v. Clayton, 337;
Sprigg v. Magruder, 357; McMullin v.
Burns, 357; Pattison v. Frazier, 374.
A bond creditor may sue the adult or
infant heir, either at law, or in equity
by a creditor's bill.--Hammond v.
Hammond, 324; Tyson v. Hollings-
worth, 329.

Where the same person is the represen-
tative of the deceased debtor, as well
of his real as of his personal estate,
justice may be done to the creditors
without delay, as to the personalty.—
Tyson v. Hollingsworth, 330.

A further sale may be ordered where the
first is not sufficient, 329.

Claims which have been passed or au-
thenticated, as by the Orphans Court,
allowed, if not contested.-Hammond
v. Hammond, 365; Hindman v. Clay-
ton, 338; Pattison v. Frazier, 381.
The claims of creditors, when stated and
confirmed, are usually paid by the trus-
tee, without bringing the purchase mo-
ney into court.-Hindman v. Clayton,
339.

No one or more claims should be paid,

unless it appears that there is enough
to pay all, 340.

The creditors of the ancestor of the de-
ceased debtor, from whom the estate
descended, are to be preferred to his
own creditors, 341.

A bond given by the heir does not amount

to a virtual relinquishment of such pre-
ference, 342.

As a payment made to a creditor cannot

be recalled in favour of creditors who
afterwards come in, they are without
the means of relief, 348.-Hammond v.
Hammond, 365.

The insufficiency of the personalty must
be shewn before the realty can be sold;
and, to shew that there may be an ac-
count, and the creditors called in.-
Hammond v. Hammond, 357.
A decree for a sale, virtually takes pos-

session of the estate, and places it
under the protection of the court, 360.
After the court has by a decree, assumed
the administration of the assets, it will
by injunction, stay all other proceed-
ings, 360, 392.

Any other creditor who has come in,
may be allowed to prosecute the suit,
as well as the original plaintiff, 363.

A creditor may come in specially, by
petition, or by merely filing the vou-
cher of his claim, 365.
The mode of allowing and adjusting in-
terest on a distribution of the proceeds
of sale, in a creditor's suit, 366, 372.—
Pattison v. Frazier, 376.

A creditor cannot be made to bring a
payment back into hotch-pot; but can
obtain nothing, until all the creditors
have been satisfied in equal proportion.
Hammond v. Hammond, 384.

A mortgagee comes in pari passu for the
balance, left unpaid by the mortgaged
estate, 384.

The costs and commissions are first paid,
and then others, according to their pri-
orities, or in due proportion, 385.-Or-
chard v. Smith, 319.

The costs incurred by the contestation
of a particular claim, not to be taxed
to the prejudice of other creditors.-
Hammond v. Hammond, 388.
A mortgagee or creditor, having a lien,
cannot be compelled to come in by a
mere general notice, but he may be
made a party, 388.

A tobacco debt, liquidated and charged
as a money claim as of the day of the
sale.-Pattison v. Frazier, 376.
The heir or devisee may be made to ac-
count for the rents and profits of the
realty.-Hammond v. Hammond, 344;
Pattison v. Frazier, 378.

A claim, with an admission that any
amount against it, on the deceased's
books, should be allowed; deferred
until the credit could be ascertained.-
Pattison v. Frazier, 381.

A decree to pay debts and legacies, and
then the debts of the last deceased
debtor, so far as his personal estate
might be deficient.-Anderson v. An-
derson, 387.

A trustee appointed under the act of
1785, ch. 72, s. 4, will not be allowed
to sell any but the land devised to be
sold to pay debts; and may be con-
trolled in other respects.--Deakins'
case, 398.

Such a proceeding may be consolidated
with other cases having the same ob-
ject, 403.

On such an application, after the lapse
of many years, proof will be required
of the petitioning creditor's debt, 400.
Although creditors, who come in after
answer and before a decree, have not
had their claims adjudicated upon by
the decree, they may be heard in the
selection of a trustee.-Watkins v.
Worthington, 511.

In the appointment of a trustee, those
who shew the greatest amount of
debts are allowed to have the most
weight, 511.

The rules of equity in bankruptcy as
applicable in a creditor's suit, 533.

None but those who are creditors of the
deceased can be allowed to participate
under a creditor's suit, 543.

A sale of the realty to save the person-
alty, can only be made at the instance
of one who has an interest in both
estates, and without prejudice to cre
ditors; therefore, such a bill must be
treated as a creditor's suit.—Waring v.
Waring, 673.

Although this court cannot, in a suit
upon the mortgage, after a sale of the
mortgaged property, pass a decree for
the payment of the balance thus
shewn; yet if the mortgagor be dead,
the plaintiff may so amend his bill as
to have it treated as a creditor's suit.-
Worthington v. Lee, 683.

CROP.

After the sale has been confirmed, the
crop allowed to be removed before the
possession will be delivered.-Tyson v.
Hollingsworth, 334.

DEBTOR AND CREDITOR.
Where on an account the deceased debt-
or's personalty was shewn to have been
exhausted, his realty was declared to
be assets for the payment of the debt.—
Cox v. Callahan, 52.

A devise to the prejudice of creditors is
void.-Campbell's case, 225.

Although creditors, as such, have no lien
on the real estate of their deceased
debtor, yet the heir or devisee cannot
alien it to their prejudice after a credi-
tor's suit has been brought, 240.
The heir or devisee personally liable for
the value of the lands aliened before
suit brought, leaving them in the hands
of a bona fide purchaser entirely clear.
Campbell's case, 238; Craig v. Bu
ker, 238.

A creditor not bound to sue an adult heir

by an action at common law, but may
file a creditor's bill.-Hammond v.
Hammond, 327; Tyson v. Hollings-
worth, 324.

A tobacco debt liquidated and charged
as a money claim as of the day of the
sale.-Pattison v. Frazier, 376.

The property of a debtor may be detained
in the country where it is found for the
benefit of his creditors there residing,
or of the state in opposition to a fo-
reign administration, or to bankrupt or
insolvent laws of another country.-
Corrie's case, 489.

Where the debt is joint and several, all
the debtors should be brought before
the court; the exceptions to this rule.
Watkins v. Worthington, 522.
It is not within the scope of judicial sa-
thority to alter or impair the obligation
of a contract, 535.

A man may make use of all his securi-
ties until he has obtained satisfaction

of his whole debt, 538; Andrews v.
Scotton, 655, 665.
The assignee of a chose in action, takes it
subject to all equities.-Watkins v.
Worthington, 542.

A testator cannot, in any way, place his
personal estate beyond the reach of his
creditors.-Addison v. Bowie, 621.
A legacy to a creditor may, in some
cases, be presumed to be a satisfaction
of the debt, 625.

DECREE.

A defendant will not be compelled to
comply with a decree before he has
obtained that which he is first entitled
to receive. Crapster v. Griffith, 15.
A decree of the Court of Appeals, can-
not be modified by the Court of Chan-
cery; nor, perhaps, even by the Court
of Appeals itself, 24.

Interlocutory decree by default against
infant as well as adult defendants.-
Townshend v. Duncan, 47.

A decree against infants for the payment
of money, 45.

A decree to account with special direc-
tions. Cox v. Callahan, 51.
Decretal order to account.-Parker v.
Mackall, 64; Cheseldine v. Gordon, 81.
Decree in due proportion against several,
for the rents and profits of the real
estate of the plaintiff held by them du-
ring his infancy.-Cheseldine v. Gor-
don, 82.

Interlocutory decree for partition, and to
account for the rents and profits as
against a trustee.-Winder v. Diffen-
derffer, 179.

A decree can only be opened on just
cause shewn. Meluy v. Cooper, 200.
An order confirming an auditor's report
is a judgment final as to the matter to
which it relates.-Contee v. Dawson,
268.

There may be a decree upon an award
made under an order of reference, 276;
Gardner v. Dick, 277.

The court must decree between co-defen-
dants so as to close the case.-Contee
v. Dawson, 292.

No decree for a sale should be passed
before all the substantial equities be-
tween the parties have been settled.-
Lawson v. The State, 640.

DELIVERY OF POSSESSION.
Possession of land, sold under a decree
after the sale has been ratified, may be
given, but not before the removal of
the crop.-Tyson v. Hollingsworth, 334.
After the ratification of the sale, the pur-
chaser may be put into possession.-
Murdock's case, 464, 468.

DEVISE.

The devise in a certain will held not to
pass an estate tail.-Winder v. Diffen-
derffer, 178.

A devise to the prejudice of creditors is
void.-Campbell's case, 225, 238.
How and when, under the peculiar ex-
pressions of a certain will, the legacies
will vest.-Contee v. Dawson, 288.
The meaning of a will directing an elder
to maintain and educate a younger
son.-Pattison v. Frazier, 378.
A power of appointment, as given in a
certain will, allowed to be arbitrarily
exercised.-Addison v. Bowie, 618.
Where a testator may put his devisees to
an election to take under or in opposi-
tion to his will; in such cases the
court may elect for infants.-622.
The nature of a devise of a right of ha-
bitation, 626.

A devise by a father for the support of
the family, must include the support
of the devisee's widow, with the main-
tenance and education of his infant
children, 627.

DISCLAIMER.

If one of the defendants answers and dis-
claims, the bill may be at once dis-
missed with costs as to him.-Kipp v.
Hanna, 28; Worthington v. Lee, 680.
A disclaimer should be explicit, and can
only be received from a defendant who
is subject to no liability.-Worthington
v. Lee, 680.

DISTRIBUTION.

The succession to personal property, on
intestacy, is regulated by the law of
the deceased owner's last domicil.-
Corrie's case, 489.

DOWER.

The widow of a vendee can only be en-
dowed of that which remains after the
vendor's lien has been satisfied.-Elli-
cott v. Welch, 244.

Real estate sold in a creditor's suit sub-
ject to a claim of dower.-Mildred v.
Neill, 355; Ewings v. Ennalls, 356.
On petition in a creditor's suit dower
assigned to a widow who was not a
party. Watkins v. Worthington, 512.
On a bill to sell the realty to save the
personalty, the widow may have her
dower of the realty, but not a distribu-
tive share of the personalty so saved.—
Waring v. Waring, 676.

ELECTION.

Where a testator may put his devisees to
an election to take under or in oppo-
sition to his will; in such cases the
court may elect for infants.-Addison
v. Bowie, 622.

EMINENT DOMAIN.

The power of condemnation not in its
nature a continuing one, unless so de-
clared.-Binney's case, 128, 136.