The American Decisions (volume 27); Containing All The Cases Of General Value And Authority Decided In The Courts Of The Several States, From The Earl by John Proffatt

The American Decisions (volume 27); Containing All The Cases Of General Value And Authority Decided…

byJohn Proffatt

Paperback | January 1, 2012

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Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1886. Excerpt: ... rent jurisdiction at law, if these matters have been already submitted to and passed upon by the latter forum. Id. 9. Remedy Of A Creditor By Execution is not adequate, so as to prevent a resort to equity to subject to payment of the debt, property mortgaged to a surety for such debt for his indemnity, where the debtor's whole property is under mortgage, and it does not appear that the equity of redercption possesses any ascertainable value. New London Bank v. Lee, 713. 10. Where There Are Many Creditors having an interest in a controversy, some may sue in a court of equity in behalf of themselves and the others. Id. 11. Court Of Equity Will Require All Persons Interested to be made parties to a proceeding affecting their interests; but although this is a general rule, it is subject to the discretion of the court. Id. 12. Objection Of A Want Of Profer Parties, after answer filed, and a report of the facts of the case by a committee, is unsustainable. Id. 13. Remedy At Law Must Be Clear And Complete where the existence of such remedy is made an objection to a resort to equity. Id. See Fraud 4; Marshaling Assets; Pleading And Practice; Specific Performance. ESCHEAT. 1. An Inquisition In Case Of Escheat, which fails to find that the decedent died intestate, and without heirs or any known kindred, is a nullity, and a transcript of such finding is not a lien on the lands of him in whose hands the estate is found to be. Ramsey's appeal, 301. 2. Under The Statute Of Virginia, 1 Rev. Code, c. 82, sec. 7, in a mon strans de droit, or petition of right to an inquisition of escheat, the monstrant is plaintiff. French v. Commonwealth, 613. 8. Judgment Of Amoveas Manus can not be rendered against the commonwealth in such proceeding, unless the monatrant show title in himself. Id. 4 Statute Of Vi...

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Title:The American Decisions (volume 27); Containing All The Cases Of General Value And Authority Decided…Format:PaperbackDimensions:352 pages, 9.69 × 7.44 × 0.73 inPublished:January 1, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217947239

ISBN - 13:9780217947237

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