Reports of Cases Argued and Adjudged in the High Court of Chancery of Maryland [1811-1832] Volume 2

Reports of Cases Argued and Adjudged in the High Court of Chancery of Maryland [1811-1832] Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ... debtors; yet the practice of the Court has prescribed bounds to the inquiry; and accordingly the rule is to stop short at the personal representatives of the deceased, unless the justice due to the plaintiffs, or the peculiar circumstances of the case, should require others to be called in. Holland v. Prior, 7 Coad. (Jha. Rep. 22. The personal estate being the primary and natural fund for the payment of debts, must be first resorted to, even for the satisfaction of debts due to the State, as well as to individuals. so far as it remains and can be found. Magna Charta, c. 18; Kill: /'s Rep. 305; 2 Inst. 18 and 32; Evelyn v. Evelyn, 2 1'. Will. 664, note; Mogg v. Hodges, 2 Ves. 52; Bootle v. Blundell, 19 Ves. 518; S. C. 1 Me;-iv. 220; The King v. Hopper, 1 Exche. Rep. 280; Brogden v. Walker, 2 H. dt J. 294. (u) And if that estate be insuflicient, there can, with propriety, be no other person than the executor or administrator of the deceased, made defendant to a cl-editor's suit. But if the bill alleges, or it can be shewn, that the deceased debtor left no personal estate, or that it had been exhausted or wasted, or by any means become insuflicient for the payment of the debts of the deceased, and that he left real estate, then all the heirs and 348 'devisees must be made parties to enable the creditors to obtain satisfaction out of such real assets. Knight v. Knight, 3 P. ' Will. 331; Kenyon v. Worthington, 2 Dick. 668; Gallon v. Hancock, 2 Atk. 435; Ashurst v. Eyre, 3 Atk. 341; Mad0.r '. Jackson, 3 Alk. 406; Fordham v. Rolfe, 5 Colzd. Cha. Rep. 257; Tyler v. Bowie, 4 H. dd' J. 333; David v. Grahwnle, 2 H. (1? G. 97. Owing, however, to our law of' partible inheritances, much inconvenience arises, in...
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Product details

  • Paperback | 334 pages
  • 189 x 246 x 18mm | 599g
  • United States
  • English
  • black & white illustrations
  • 1236798139
  • 9781236798138