writs of ne exeat were ordered to seve-
ral counties, in one or other of which
the defendants were expected to be
found.-Sloss v. Mcllvane, 72.

OPINION.

An opinion asked by a Provincial Chan-
cellor of some of the judges of the
courts of Westminster.-Birchfield v.
Miller, 59.

The Chancellor may ask the opinion of
the judges on any question of law.
Chamberlain v. Brown, 221.

PARTITION.

A partition of personal estate can be or-
dered only by a Court of Chancery;
and if necessary, a sale may be order-
ed.-Crapster v. Griffith, 25.
On a partition decreed to be made among
devisees, the parties ordered to pay
costs in proportion.-Winder v. Diffen-
derffer, 179, 180.

A part of the property being incapable of
partition, ordered to be sold, and the
proceeds divided among the devisees,
180.

A trustee who had held the estate order-
ed to account for its rents and profits,

179.

Real estate devised to be sold and the
proceeds divided, on petition ex parte,
à trustee appointed for that purpose.-
Ex parte Boone, 321.

Bonds taken by the trustee who made
the sale, ordered to be assigned to the
parties entitled, 321.

A devise of the rents and profits of land
for the maintenance of several infants,
not susceptible of partition.-Tilly v.
Tilly, 438.

Specific performance of an agreement for
partition decreed.-Norwood v. Nor-
wood, 476, 483, 485.

made a party, to shew that he has ob-
tained satisfaction of the chose in action
of his wife.-Contee v. Dawson, 281.
Who may or must be made parties to a
creditor's suit.-Hammond v. Ham-
mond, 347, 349.

The creditors of the ancestor of a deceased
debtor may come in under a creditor's
suit, without making the executor or
administrator of such deceased ancestor
parties.-Hindman v. Clayton, 341.
Where the debt is joint and several, all
the debtors must be made parties.-
Watkins v. Worthington, 522.
The general rule, that all persons inte-
rested must be made parties, is made
to yield where necessary either as to
plaintiffs or defendants, 524.

All questions as to parties must be finally
adjusted before there can be a decree to
account.-Helms v. Franciscus, 559.
All persons having an interest in the ob-
ject of the suit should be made parties.
Worthington v. Lee, 680.

A mortgagor who has not been legally
divested of his whole interest, must be
made a party, 682.

A mortgagor who has an interest in sta-
ting the account, or from whom any
discovery may be drawn, may be made
a party, 683.

It is not necessary to make the personal
representatives of the mortgagor a party
to a bill to foreclose or sell; but upon
the death of the mortgagee it is neces-
sary to make both his heirs and per-
sonal representatives parties, 684.

An answer as to the same facts over-rules
the plea.-The Bank v. Dugan, 257.
PORT.

What constitutes a port, its nature, &c.—
Canal and sea vessels should meet in a
Binney's case, 156, 157.
port, 162, 165.

PRACTICE.
Where one of the defendants answers and
disclaims, the bill may be at once dis-
missed as to him with costs.-Kipp ".
Hanna, 28.

A feme covert on failing to answer may be
attached, 28.

The bill amended so as to state that a de- |
fendant had attained his full age, in
order that he might be compelled to
answer as an adult, 29.

On petition, a subpæna may be issued
against one charged in the bill as an
absent defendant, who had returned to
this state, 29.

A case cannot be set for hearing on the
return of depositions taken by consent
of only a part of the defendants, 30.
After the day allowed by an order of pub-
lication, which had been published for
an absent defendant to come in, and on
a general replication to the answers of
the other defendants, a commission to
take evidence may be issued, 31.
An interlocutory decree by default against
infant as well as adult defendants.-
Townshend v. Duncan, 47.

A decree by default against a defendant,
who, on being summoned under an or-
der of revivor, had failed to appear, 47.
Rules concerning the examination of wit-
nesses before the examiner; and the
time of publication of depositions un-
der the provincial government, 61, note.
Exceptions to an answer heard and sus-
tained by the Chancellor.-Parker v.
Mackall, 63.

An exceptant ordered to pay a fine for the
delay on over-ruling his exceptions to
the auditor's report.--Woodward v.
Chapman, 71.

Rule as to the time of filing exceptions
to an auditor's report, 74, note.
Exceptions to an answer for scandal, im-
pertinence, and insufficiency; the scan-
dal and impertinence expunged, and a
better answer filed.-Cheseldine v. Gor-
don, 80.

No one is a defendant to the suit against
whom no process is prayed.-Binney's
case, 106.

A misnomer may be waived, but if relied
on is fatal, 107.

The hearing cannot be postponed to let
in a release to make a witness compe-
tent, or to remove any objection to a
witness of which the party was notified
at the examination.-Winder v. Diffen-
derffer, 192.

A cross examination no waiver of any
objection to a witness, 193.

A decree cannot be opened and the case
re-heard but upon good cause shewn.
Meluy v. Cooper, 200.

In a creditor's suit the case may be sub-
mitted to obtain a decree for sale with-
out having been set for hearing.—
Campbell's case, 220; Hammond v.
Hammond, 359.

The parol does not demur in a creditor's
suit by reason of the infancy of a de-
fendant.-Campbell's case, 224; Ham-
mond v. Hammond, 330, 344, 351; Wat-
kins v. Worthington, 519.

Several suits, the objects of which are the
same, may be consolidated.-Camp-
bell's case, 241; Deakins' case, 398.
Where a publication had passed against
an absent defendant who was one of a
plurality of heirs or devisees, it was
decreed, that the plaintiff might take
out a commission to prove his case
subject to a future decree.-Craig v.
Baker, 240.

A sale by a trustee may be at once rati-
fied with the consent of the parties.-
Andrews v. Scotton, 644; Arthur v.
The Attorney General, 246.

A party may, as of course, withdraw any
document which he himself has volun-
tarily put upon file, for the purpose of
having it authenticated.-Maccubbin v.
Matthews, 251.

A commission to take evidence should
be executed within a reasonable dis-
tance of the residence of the witness,
253.

The sufficiency of a trustee's bond certi-
fied by a solicitor.-McMullin v. Bur-
ris, 358.

On a return cepi to an attachment the
sheriff may be ordered to bring in the
body.-Binney's case, 101; Deakins'

case, 406.

The acts of assembly in relation to pro-
ceedings against non-resident, abscond-
ing, or contumacious defendants, con-
sidered, 447.

In all such cases the bill may be taken
pro confesso, or testimony taken, upon
which the court pronounces the de-
cree; and if it has no jurisdiction,
must dismiss the bill, 447.
How discovery may be had when the bill
may be taken pro confesso, 447.
An insufficient answer is as no answer;
and therefore, upon such default, the
bill may be taken pro confesso and a
final decree passed, 447.

A day may be appointed for deciding on
an auditor's report.-Norwood v. Nor-
wood, 478.

Exceptions to an auditor's report which

are indefinite must be rejected, 481, 482.
No new exceptions can be taken to an
auditor's report after those taken have
been adjudicated upon, 482.

Where it becomes necessary to have the
plaintiff's prochein ami examined as a
witness, he may be discharged, and
another appointed in his place.-Helms
v. Franciscus, 550.

All questions as to parties must be finally

The heir or devisee held personally liable
for the value of the real assets aliened
before suit brought, leaving them in
the hands of a bona fide purchaser en-
tirely free.--Campbell's case, 238;
Craig v. Baker, 238.

Where there were a plurality of devisees,
the real assets in the hands of each, as
specified and valued, declared to be
liable. Craig v. Baker, 238.
Where land had been mortgaged, by the
devisor, and the devisee had paid the
mortgage debt-the balance only de-
clared to be real assets, subject to the
devisor's other creditors, 239.
How far lands in possession, reversion,
or remainder in the hands of an heir or

devisee are liable for debt at common
law or by statute.-Hammond v. Ham-
mond, 317, 325, 337; Hindman v. Clay-
ton, 337.

When real estate is considered as legal or
equitable assets.-Hammond v. Ham-
mond, 320.

RECEIVER.

Where the property or its profits are in
imminent danger of being wasted or
lost, a receiver may be appointed.—
Kipp v. Hanna, 31.

REVIVOR.

An order to revive under the act of
assembly, on the death of a defen-
dant.-Townshend v. Duncan, 47.

An order under a bill of revivor, that the
case stand revived.-Sloss v. McIlvane,
73.

RIVERS.

The Potomac river belongs altogether to
the state of Maryland.-Binney's case,
123, 127.

The Potomac above tide declared to be a
navigable highway to a certain extent,
124, 128.

A river not navigable may be made so
by law, 125.

A riparian holder has a right so to use

the waters of a river as not to injure
the rights of others, 125.

The compact between Maryland and Vir-
ginia as to the river Potomac, 126.
A common use of rivers flowing between
conterminous states presumed, unless,
as in the case of the Potomac, the con-
trary can be shewn, 127.
The banks of rivers, why designated as
right and left, 127, note.
Improved river navigation as distin-
guished from canal navigation, 158.

SALES UNDER A DECREE.

Any device or contrivance at a sale,
although no positive fraud be shewn,
will be sufficient to set it aside because
of its not having been fairly made.-
Andrews v. Scotton, 644; The State v.
Brookes, 43.

A sale may be at once ratified with the

consent of all parties.-Andrews r.
Scotton, 644; Arthur v. The Attorney-
General, 246.

Real estate decreed to be sold by a mas-
ter under the provincial government.—
Orchard v. Smith, 319.

The proceeds brought in and deposited

in the treasury.-Ex parte Conway, 324.
A further sale may be ordered if the first

has not produced enough to satisfy
all.-Tyson v. Hollingsworth, 329.
A purchaser for just cause may be re-
leased from his purchase, but if he
retains it he must pay interest whether
he gets possession or not.-Brown v.

Wallace, 594; Tyson v. Hollingsworth,
334.

A sale ratified after a lapse of many
years, no cause having been shewn.-
McMullin v. Burris, 358.
That the court may not be baffled, it may
order, that the bids of some persons be
not received at all, or only upon con-
dition. Murdock's case, 465; Monroe
v. Monroe, 465; Cresap v. Martin, 466.
No alienation of a party, pendente lite, can
affect the title of the purchaser under
the decree.-Brown v. Wallace, 595.
The report of the trustee, when con-
firmed, is conclusive as to the terms of
the sale, 595.

When land is sold by the acre, a survey
and admeasurement, to ascertain the
amount, is granted as of course, 596.
In what cases land may be said to be
sold by the tract, or by the acre, 596.
A purchaser cannot impeach the sale on
the ground, that more had been sold
than was necessary, 598.

The court sells only the interest of the
parties, hence the rule caveat emptor
applies to all judicial sales, 599.-An-
drews v. Scotton, 646.
The mode of selling land under a decree;
the court is the vendor, and retains a
lien which may be enforced summarily,
and the purchaser proceeded against at
the same time.-Andrews v. Scotton,
629.

of limitations against any item by way
of exceptions to the auditor's report.-
Norwood v. Norwood, 481.

SUBSTITUTION.

The application of the principles of sub-
stitution.-Winder v. Diffenderffer, 199.

SURVEY.

A warrant of re-survey issued and the ex-
ceptions thereto over-ruled.-The Pro-
prietary v. Bordley, 62.

A survey may be ordered on the applica-
tion of either party.-Norwood v. Nor-
wood, 475.

The lands laid down for either or both of
the parties, must be laid down on the
same plot; but duplicate plots may be
This court cannot decide on the true
made at the request of either party, 475.
location of land without referring it to
The surveyor of the county may be or-
a jury, 476.
dered to lay down the lands in contro-
versy, to take depositions, and to return
plots.-Andrews v. Scotton, 632.
Locations not counter-located are admit-
ted, 633.

Surveyor's fees are a part of the costs,
and if not taxed under the decree as
affirmed by the Court of Appeals this
court can give no relief, 662.

TRUSTEE.

let in a higher bid, 671.

SLAVES.

A plaintiff, after a decree in his favour
for the delivery of certain slaves, may,
by a new bill, recover their increase
and profits, which had accrued since
the auditor's report, upon which the
decree was founded.-Crapster v. Grif-
fith, 19.

A gift of freedom to a slave is a specific
legacy.-Hammond v. Hammond, 314.

SHERIFF.

A sheriff ordered to bring in the body of
a defendant returned attached for not
answering.-Kipp v. Hanna, 28.
Sheriff amerced for not bringing in the
body.-Watts v. Campbell, 102; Wal-
lace v. Boteler, 101.

STATUTE OF LIMITATIONS.
In a creditor's suit the statute of limita-
tions continues to run until the creditor
comes in.-Welch v. Stewart, 37.
No one can have the benefit of the statute
after an act done which implies an
abandonment of such a defence, 37.
A claim barred by a great lapse of time.-
The State v. Brookes, 43.

Under a decree to account a party may
avail himself of the benefit of the act

authority to sell, refuse to act, on a
bill, making them and the cestui que
trusts, parties, another trustee may be
appointed.--Winder v. Diffenderffer,

167.

A trustee who had held the estate of
which partition was decreed, ordered
to account for its rents and profits, 179.
A trustee having the profits of the estate
in his hands, ordered to pay the audi-
tor's fees, 176.

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

It is the duty of a trustee to keep the
court fully informed of all matters in
relation to his trust, 174.-Jones v.
Stockett, 426.

Any one recognized as a trustee though
not so expressly appointed must there-
after be so treated.-Winder v. Diffen-
derffer, 197.

Where estates have been devised to be
sold to pay debts, the trustee, who has
accepted the trust, may be ordered to
proceed, and to sell as directed real
estate lying out of the state.-Camp-
bell's case, 211.

Testamentary trustees on failing to give

bond as required may be removed, 212.
A trustee is liable for all the consequences