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Q.

REPLEVIN

1. Replevin in this state is a much more
QUALIFICATION.

extensive remedy than it is, in Eng.
See Property Qualification.

land. Cullum v Berans,

409
2. - In England the tortious taking
QUESTION OF FACT.

from the plaintiff'is the gist of the ac-
Sce Common Carrier 2.

tion, and if put in issue, must be pro-
Conveyance 2.

ved by the plaintifl,

16.
3. In this state it is the proper re.
R.

medy in all cases where a plaintiti bas

a right to the possession of personal
REAL ESTATE.
property .

1b.
See Court of Chancery 12.

4. In replevin in this state, the plea of

property in the defendant, throws the
RECITAL,

whole burthen of proof on the plain-
titl.

16.
See Conveyance 12.

5. W exchanged a horse, which he had

before stolen, with B, for a horse of
RECORD.
See Covenant 3.

B's, and afterwards sold B's horse to
Criminal Prosecution 5.

C, for a valuable consideration, and

without notice on the part of C of the
RELEASE.

manner in which W had obtained him.
See Apprentice 1, 2.

In an action of replevin by B against
Bill of Exchange 1.

ç for this last horse. --Field, that B
Guardian & Guardian's Bond 1,

was not entitled to recover. Brown
v Campsall,

494
RELIEF.

See Appeal Bond 2, 3.
Sec Court of Chancery 9, 10, 11, 21, 22.

Orphans Court 3.
REMEDY.

REPLICATION.
See Assumpsit 7, 8.

See Appeal Bond 3.

Pleading 1, 2, 3,
REMOVAL OF CRIMINAL CAUSES.
See Constitution 4.

REQUEST.
Criminal Prosecution 5.

1. In an action on a bond, conditioned

to refund a legacy if a deficiency of
RENT,

assets should happen, after request
1. D, on the 1st of January 1819, rent-

should be made, it is unnecessary to
ed a parcel of land to M for one year,

prove a special request to refund.
and so from year to year, at an annual

Salisbury v Black's Ādm'r. D. B. N.
rent of $160, to be paid half yearly. 2. No special request is necessary

293
R. occupied the premises in the years

where the debt becomes due on a
1819, 1820 and 1821, and he so occu-
pied the premises in 1821, under a

contingency which is to happen after
contract with D, for the same rent,

the execution of the contract. Ib.
and on the same terms. In Septem-
ber 1820, D claiming $240 for rent

RESCINDING OF CONTRACT.
in arrear on the 1st of July 1820, dis- See Agreement 6, 11.
trained the property of R. On the
18th of May 1891, R paid $88 to D,

RESIDENCE.
and he also paid him $50 on the 18th See Attachment 1, 2.
of August 1821; he made no applica-
tion of the first payment, but applied

RETURN OF PROCESS.
the last payment to his own debt, See Attachment 6.
and said he owed a part of the rents

Fieri Facias 3.
-Held, that the property of R, found
on the premises at the time of the

REVERSAL
distress, was liable for the rent of See Court of Appeals 2.
1819; and that the payment made on Fieri Facias 2.
the 18th of May 1821, must be ap- Judgment 6.
plied to the rent becoming due after Procedendo 1.
the distress in September 1820. Rat-
cliff, Daniel,

489

REVOCATION.
Sec Court of Chancery 47

See Will 1.

RIGHTS.

See Fieri Facias 2, 4, 5, 6, 7, 8, 9.
See Mistake 1.

Judgment 6.

Return of Process.
RULES OF COURT.
See Appeal 4.

SHIP OWNER.
Declaration 1.

See Contract 1, 2.
Practice 1.

SIMPLE CONTRACT DEBT.
S.

See Assumpsit 4.

Extinguishment.
SALE.

Promissory Note 5.
See Delivery 1, 2.
Purchase & Sale.

SLANDER.

See Words.
SECURITY.
See Surety.

SLAVES.

See Manumission !.
SERVANT.

Negroes & Slaves.
See Master & Servant 1.

SON.
SET OFF.

See Heirs 2, 3.
See Attachment 14.

SPECIAL AGREEMENT.
SETTLEMENT.

See Agreement.
1, Family settlements are to be constru-
ed most favourably to promote and

SPECIAL AUTHORITY.
effectuate the intentions of the party See Baltimore !, 2, 3.
settling: S. & R. W. IV'est v Bis- Corporations 1.
coe,

460
See Adjustment.

SPECIAL DESCRIPTION.
Court of Chancery 39.

See Fieri Facias 3.
SHERIFF.

SPECIFIC PERFORMANCE.
1. The sheriff's bond is an annual bond, 1. Specific performance of a contract
and the sureties of each year are res-

decreed as to part of a square of
ponsible for the neglects, defaults, ground, where a conveyance of the
acts and receipts, of their principal, whole square was claimed. Graham
during the time only between giving et ux. v Yutes & Myers's Heirs et al.
the bond passed by them, and the

229
execution of the next year's bond. See Court of Chancery 21, 22, 23.
Heuitt & Russell v The State use
Brown,

95

SPECIAL REQUEST,
2. The property qualification required See Request.

by the 420 article of the constitution
of this state, was not intended as a

STATUTE OF FRAUDS.
fund to secure the sheriff's official 1. A sheriff's sale of land under a writ
creditors in addition to the bond re- of fieri facias is within the statute of
quired of him as sheriff. Roberts v frauds, &c. Barney v Patterson's Lessee,
Gibson's Ex'r. et al.
16

182
3. In order to make B eligible as she. 2. A court of law cannot entertain ac-

riff, in case he shoulai be elected, A tions upon verbal contracts within the
conveyed to him certain lands, with statute of frauds, on the ground of
an agreement to be reconveyed, &c. fraud in refusing to perform them.
These lands were reconvered-And

Lamborn v Itatson,

252
Lamborn « Moore,

422
as to this transaction being a fraud
upon the law, &c.

See Agreement 3, 14,
CHANCERY '5, and Roberts v Gibson's Court of Chancery 15, 22,
Er'r. et al.

116 Fieri Facias 4.
4. A sheriff's sale of land under a writ Parol Evidence 4.

of fieri facias is within the statute of
frauds, &c. Barney v Patterson's

STATUTES.
Lessee,

182 1. All statutes made in pari materia are
See Agreement 13, 14.

to be taken and construed together,
Attachment 6, 7,

as if they were one system; and that

see COURT OF

Ib.

though not expressly referring to 2. If the party by whom such
each other, and even after one has debt is contracted becomes an insol-
expired, or been repealed.

The vent debtor, his trustee is equally
Mayor, &c. of Baltimore v Howard, bound to make such tender to entitle

383 him to recover the goods mortgagell.
2. Where a law is of doubtful construc-

Ib.
tion, that interpretation should be See Bank Notes 2.
given it, so far as it can be done, Common Carrier 1.
which is pregnant with the least mis. Pleading 2, 3.
chief. The Mayor, &c. of Baltimore
v Johnson & Moore,

381

TESTAMENTARY BOND.
3. Statutes cited and observed upon.-

See Administration Bond.
13 Elizabeth, ch. 5, (Frauds against
Creditors.)

116

TOBACCO.
5 Geo. II, ch.7, (Fieri Facias on Lands.) 1. If a contract is made for the payment

182 of tobacco, which is not complied
See Acts of Assembly.

with, the plaintiff, in an action of as-
Preamble.

sumpsit on that contract, may recover

the value of the tobacco in money,
STRAY
Lyles « Lyles's Ex'rs.

273
See Actions 1.

2. Whether or not since the act of 1812,

ch. 135, 83, a judgment can be enter-
STREETS.

ed for tobacco? Quere.
See Baltimore.

TRANSCRIPT.
SUBSTITUTION,

Sce Criminal Prosecution, 5.
See Court of Chancery 15, 17.

TRESPASSING STRAY. 1
SUMMARY PROCEEDING.

See Actions 1.
See Court Chancery 2, 3, 5, 6.

TROVER.
SURETY.

1. Trover for goods mortgaged to se.
1. A surety in an administration or tes.

cure a usurious debt cannot be sus-
tamentary bond, is a competent wit. tained, unless the plaintiff' has tender-
ness for the administrator or executor,

ed the amount actually loaned. Lue
Ferguson r Cappeau's Adm’x. 394 cas, Trustee of Jamisoni, v Latour, 100
See Bill of Exchange 1, 2.

2. If the party by whom such
Court of Chancery 17.

debt is contracted becomes an insol-
Executor & Administrator 3, 4, 5. vent debtor, his trustee, under the
Guardian & Guardian's Bond 1, 2. insolvent laws, is equally bound to
Orphans Court 1, 2.

make such tender to entitle him to
Sherifli 1, 2, 3.

recover the goods mortgaged. Ib.
SURPRISE.

TRUST & TRUSTEE.
See Agreement 1, 2.

1. Trustees are peculiarly under the

control of the court of chancery, and
SURVIVORSHIP,

when a discretion is reposed in them,
See Devise 1.

that tribunal will take care it shall

not be abused. Darne & Gassawayo
T.
Catlett, et ur.

479
TAX.

See Bargain & Sale 2.
See Assumpsit 7, 8.

Bequest 1, 3.
Baltimore 1, 2, 3.

Court of Chancery 39, 42.

Insolvent Debtors.
TENANT.

Parol Evidence 12.
See Landlord & Tenant.

U.
TENDER.
1. Trover for goods mortgaged to se.

UMPIRE.
cure a usurious debt cannot be sus. See Award 11, 12.
tained, unless the plaintiff has tender-
ed the amount actually loaned. Lu- UNCERTAIN & UNCERTAINTY.
cas, Trustee of Jamison, v Latour, See Bequest 1, 2, 3, 4.

100

1

UNDER TENANT.

VOID & VOIDABLE.
See Rent.

See Bequest 1, 2, 3, 4,

Constitution 4.
UNITED STATES.

Insolvent Debtors 2.
See Attachment 1, 5.
Citizen.

W.
Insolvent Debtors 6.

WAIVER.
USAGE & CUSTOM.

See Agreement 7.
1. A custom brought home to a party Bill of Exchange 1.
dealing with a bank, enters into the

Competency of Witness 1.
essence of the contract, becomes a Insurance 7.
constituent part of it, and must have Practice 1.
its due weight in the exposition of it. Witness 2,
The Bank of Columbia v Magruder's
.Adm'x.

180

WARRANTY.
2. The allowance of three days of grace, See Covenant 1.

upon it.

1b.

in the payment of negotiable pa-
per, from long and universal usage, .

WIDOW.
has become the general law of such See Dower.
contracts, but it is not such an inflexi.
ble rule as admits of no innovations

WILL

Ib. 1. Whether the will in this case was re-
3. It may be altered and controled voked by a subsequent marriage and

by the agreement of the parties, and birth of a child? Quere. Tongue v
what is tantamount, it may be changed Morion,
by the usage and custom of dealing 2. In the construction of a will, the in-
perfectly known to the parties, and teņtion expresed by the testator, to
to which they will be supposed to be collected from the whole of the
have had special reference in making instrument, by comparing and consid-
their contract.

ering the different parts together, if
See Agent 1.

it be consistent with the rules of law,
Dars of Grace.

in relation to the nature and operati-
Innkeeper.

on of the estate devised, must pre-
Parol Evidence 9, 10.

vail, giving effect, if possible, in the
Promissory Note 8, 9.

exposition, to all the words of the

will. It is not necessary that techni-
USE

cal terms, or any particular form of
See Bargain & Sale.

words, should be used to convey the
Habendum 1.

meaning of the testator, Beall's Les.
USURY.

see v Holmes

207, 208, 224
See Tender 1, 2.

3. Where there are words in a devise,

which would be sufficient to carry a
Trover 1, 2.

fee, if it was the intention of the tes-
V.

tator to give one, but which intent

does not clearly appear from the
VARIANCE.

words themselves, then if there be
1. A variance between the words charg- an introductory clause, it may be re-

ed in a declaration in an action of sorted to, to explain their meaning.
slander, and the words proved, is fa-

Ib. 20
tal. Stanfield v Boyer,

248 4. But when the words of the de.
See Agreement. 9.

vise have a fixed and definite mean-

ing, and import in law an estate for
VERBAL AGREEMENT & CON: life, the introduotory clause, showing
TRACT.

that the testator meant to dispose of
See Agreement.

all his property, cannot enlarge it to
Parol Agreement.

an estate in fee.

Ib. 222, 223

5. The rule in Shelley's case is equally
VESTED INTEREST,

applicable to limitations in wills as in
See Bequest 7, 8, 9.

deeds. Lyles v Digges's Lessee, 364
Conveyance 15, 16, 17.

6. The word issue in a willis sometines
Court of Chancery 39.

a word of limitation and sometimes
Delivery 1, 2.

of purchase, according to the con.
Purchase a Sale 1.

text of the devise.

7. Whether or not letters testamentary See Executor & Administrator 11, 13.

can be granted by the orphans court Guardian & Guardian's Bond 2. on a copy of a will certified to have Husband & Wife 5. been proved in another state? Quere. Promissory Note 6, 7. Ratrie v IVheeler's Ex'r.

94 Surety 1. 8. A, by will, bequeathed her slave Mary to B, for life, and that at B's death

WORDS. Mary was to be free. During the 1. Words tending to charge an unmarö life of B, Mary had issue-Held, that ried woinan with fornication, are not such issue were slaves for life. Chew actionable. Stan field v Boyer. 248 v Gary,

526 2. A variance between the words chargSee Bequest.

ed in the declaration, and the words Devise.

proved, is fatal.

26. Executor & Administrator 10.

WRIT OF ERROR.

i. Where a confession of judgment, WITNESS. 1. If a witness swears that he was pre.

by way of supersedeas, was entered sent at the birth of a child, and the

into on the 17th of November 1815, opposite party proves that he was

to stay execution agreeably to the act not present, such proof is substan

of 1814, ch. 84, on a judgment rentially to defeat the credit of the wit.

dered on the 9th of May 1815, and a ness, and his testimony may be cor

writ of error issued on the 2d of Febroborated by proof of his prior decla. ruary 1822 to remove the proceedrations. Cooke v Curtis, et al. Lessee. ings on the judgment by confession

93 - Held, that the writ of error be 2. If a party objects to the competency

quashed, more than three years havof a witness offered on the adverse

ing elapsed from the judgment by side, and the court sustain the objec

confession, and the issuing the writ

of error. tion, and the party making it, after

Andrews, et al. v W. & J. wards waives it, and consents that

Bosley,

99 the witness be examined, the party

See Appeal 2, 4, 9. offering the witness has no right to

WRIT OF ERROR BOND. require of the court to decide that he See Appeal Bond. is competent independent of the waiver of the objection. Beal's Lessee v

WRIT OF INQUIRY, Lynn,

336 See Inquiry of Damages,

END OF THE SIXTU VOLUME

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