4. Not charged with laches under devise for debts as an

individual.

Preference to legatees.

6. Distinction with reference to the Statute of Fraudu

lent Devises.

7. Marshalling for creditors by simple contract under a charge of debts.

8. Favorable construction for them.

9. Satisfied by execution against the body.

1. A creditor prevented by the act of the Court from ob-
taining judgment put in the same situation, as if he
had it.

2. The property of an American loyalist having been con-
fiscated during the American war, subject to the claims
of such of his creditors as were friendly to American
independence, to be made within a limited time, and in
fact, according to the evidence farther restrained to the
inhabitants of the particular state, a bill to have bonds
delivered up, or to compel the creditor to resort, in the
first instance, to the fund arising from the confiscation,
was dismissed, on the ground, that it did not appear
that the creditor had the clear means of making his de-
mand effectual against that fund: the Lord Chancellor
also expressing an opinion in favor of the right to sue
personally, even in that case, against the authority of
Wright v. Nutt, 3 Bro. C. C. 326. 1 Hen. Bla. 136.
Wright v. Simpson.
3. Whether a settlement after marriage, reciting a parol
agreement before marriage, which had actual existence,
can stand against creditors, quære.

4. Laches not to be imputed to creditors under a devise for debts, as to an individual devisee, to prevent or limit the account of rents and profits, even against an infant heir. Williams v. Coussmaker.

5. Distinction between creditors and legatees under a charge of debts and legacies. The former are to be paid in preference.

6. The Statute of fraudulent devises would prevent a devise for legacies to the prejudice of creditors by specialty; but not a devise for debts generally; though that might be the effect.

7. Under a charge of debts creditors by simple contract may by marshalling follow devised estates; if no descended estates; or they have been applied.

Vol. Page

VI. 93

VI. 714

XII. 74

XII. 136

XII. 154

XII. 151

XII. 154

8. Different construction in favor of creditors, wife, or children, and in other cases.

XIII. 176

XIII. 193

9. The body being taken in execution, the debt is satisfied.

Chose

See Answer 1. Assets 8. Bankrupt. Baron and Feme
13. 16. (Separate Property 5. 17.) Bond 3. 4.
in Action 1. Contract 18. Copyhold (Surrender 6. 7.)
Costs 14. Election 7. 28. Exoneration 5. Fraud 22.

Fraudulent Settlement 1. Interest. Judgment. Laches
3. 12. Mortgage 32. Parent and Child 3. Partner 8.
9. 16. Power 26. 27. Practice 64. 108. (Party 7.)
Principal and Surety. Settlement 4. 6. 9. Will 145.

CREDITOR AND DEBTOR.

1. Debtor, not charged in execution after two terms in
prison, discharged.

2. Collusion with executor.

3. Voluntary bond under strong moral obligation.

4. Conveyance in consideration of arrears under volun-
tary bond.

5. Distinction between bill without indorsement for an
antecedent debt and discount.

6. Suit by creditor, where representative cannot, or will
not, act. Whether creditor by old judgment can
have a decree without recovery.

7. Discharge from commitment for breach of writ of exe-
cution of decree for payment on devastavit, before,
but not ascertained or decreed, till after, the time
fixed by Insolvent Act.

8. Assignment without possession.

9. Distinction between debtor's death in prison under commitment of Court of Equity for breach of order of payment and under a writ of capias.

1. Debtor, two terms in prison without being charged in execution, is entitled to his discharge.

Vol. Page

VI. 446

2. Creditor permitted to sue the debtor in equity, upon collusion with the executor.

IX. 186

3. Voluntary bond, though given under a strong moral obli-
gation, a marriage contracted, and property received as
husband, by a man, having a wife living at the same
time, void as against creditors. Gilham v. Locke.
4. Arrears, accrued under a voluntary bond, a valuable con-
sideration, sustaining a conveyance against creditors. -
5. Bill taken for an antecedent debt, without indorsement,
proving bad, the antecedent debt may be resorted to;
but if the bill is discounted without indorsement, and
no antecedent debt, it is evidence of a purchase; and
there is no demand.

6. Suit by a creditor against persons accountable to the estate allowed in a special case; as, where the representatives cannot, or will not, act. One object of the suit being the establishment of an agreement for carrying on a colliery, the plaintiff must take it subject to all engagements, as a continuing concern. No security to be given for the result of the account. Whether the plaintiff, being a creditor by judgment seventeen years old, can have a decree without putting himself in a situation to proceed at law, viz. reviving by scire facias, quære. The bill would be retained, that the debt might be substantiated by an Issue, or other proceeding at law. Burroughs v. Elton.

IX. 612

IX. 612

X. 206

XI. 29

CREDITOR AND DEBTOR.CREDITOR BY JUDGMENT. 207

7. Discharge by Habeas corpus, from Commitment under
an Attachment for breach of a Writ of execution on a
Decree for payment of money on account of a Devas-
tavit, as executor, committed before, though not ascer-
tained by the Report, or decreed to be paid, till after
the time, fixed by an Insolvent Act; of which the party
had taken the benefit. Wheldale v. Wheldale.
8. Assignment of property, retaining possession, fraudulent
against creditors.

9. Death of the debtor in prison by Commitment of a Court
of Equity for breach of an order of payment under an
Award does not extinguish the debt, as on a Writ of
capias; the former not, as the latter, excluding other
remedies; and the Statute James 1, preventing satis-
faction. Mildred v. Robinson.

COMPOSITION.-PARTY.

COMPOSITION.-1. Binding under circumstances; though not strictly fulfilled.

1. Though an agreement for a composition, generally, is not binding on the creditor, unless absolutely and strictly fulfilled, a bond-creditor, having concurred in a general resolution for a composition, to be secured by notes, was under the circumstances, with reference to the interest of the other creditors, restrained from taking execution in an Action upon the bond, on nonpayment of the notes, beyond the terms of the composition. Mackenzie v. Mackenzie. PARTY.—1. Principle, that debtor to the estate cannot be a party to creditor's bill against executor, applies to creditor overpaid by executor.

1. The general principle, on which a debtor to the estate
cannot be made a defendant to a bill by a creditor or
residuary legatee against the executor, unless collusion,
insolvency, or some special case, applies equally to the
case of a creditor overpaid by the executor. In a case
of that sort, upon the circumstances of suspicion, par-
ticularly attending to the character of the creditor, as
Attorney and confidential agent to the testatrix, an Issue
was directed. Alsager v. Rowley.

See Assets 41. Bankrupt 28. (Partner 18.) (Reputed
Owner 5.) Baron and Feme 95. 96. Bill of Exchange
14. Composition. Consideration 3. 6. Creditor. De-
cree 5. 6. Devise 5. Extent 1. Fraud 47. 48. Fraudu-
lent Settlement 2. Judgment 14. Limitation. Mar-
shalling. Merger 5. Partner 46. 47. 48. 49. Party
21. 27. Practice 377. Privilege (Arrest). Set-off 6.
Voluntary Setttlement, &c. 3.

CREDITOR BY JUDGMENT.
See Tacking 7.

Vol. Page

XVI. 376

XVII. 197

XIX. 585

XVII. 372

VI. 780

208

CREDITORS, JOINT, &c.-CUMULATIVE LEGACY.

CREDITORS, JOINT AND SEPARATE.
See Bankrupt (Proof 20.)

CRIMINAL ACT OR CONTRACT.
See Contract (Illegal 13.)

CRIMINAL PROCEEDINGS.
See Construction 3.

CROSS BILL.

See Contract (Specific Performance 39. 40.) Practice 26. 338.
CROSS EXAMINATION.

1. Implied.

See Evidence 41.

CROSS REMAINDERS.

2. Implied among more than two devisees. Distinction
between general and individual description.

3. Implied.

4. Between the several children of two daughters, and
also between the two families.

5. Implied.

1. Cross remainders implied. Burnaby v. Griffin.
2. Execution of a direction by will to convey lands, to be
purchased, by raising cross remainders among more
than two upon the intention, by implication; without
regard to the words "several and respective" in the
limitation to the heirs. Distinction upon this subject
between devises by a general description to a class of
persons, not ascertaining the number, and to indivi-
duals named. Green v. Stephens.

3. The reasoning in the implication of cross remainders upon

Vol. Page

III. 266

XVII. 64

the expression "all the premises," &c. not satisfactory. XVII. 75

4. Upon a devise in trust to settle on the evisor's children in equal shares and proportions undivided for and during their respective lives, with remainder to their issue severally and respectively in tail general, with cross remainders over, there being two daughters, cross remainders inserted, not only among the several children of each, but also as between the two families. Horne v. Barton.

5. Implication of cross remainders under a direction in default of such issue to go over.

XIX. 398

XIX. 400

Vol. Page

CURACY.

See Election of Curate and Vicar 2.

CURRENCY.

See Interest 35.

CURTESY.

See Election 18.

CUSTOM.

See Chester. Copyhold (Timber 2. 3. 4. 5.) London. York.

CUSTOM OF LONDON.

See Assets 3. London.

CUSTOM OF A MILL.
See Practice 77.

CUSTOM OF YORK.
See York.

CUSTOMARY HEIR.
See Copyhold (Surrender 9.)

CUSTOMARY PAYMENT.
See Tithe 13.

CUSTOMER AND BANKER.

See Bankrupt (Lien 4.) Bill of Exchange. Evidence 56.
Principal and Surety 27. Short Bill 1.

CUSTOMER and TRADESMAN.

See Account 6.

CY PRES.

See Charity 8. 9. 12. 14. 15. 17. 21. 54. 63. 78. 79.
Power (Appointment 6. 11. 13. 14.)

DAMAGES.

See Bankrupt (Proof 11.) Good-will 1. 2.

DEATH.
See Domicil 2.

DEBT.

1. Bequeathed as on a certain day.

1. Bequest of a debt, as it stood on a certain day, good. See Answer 1. Bankrupt (Reputed Owner 3). Chose in Action. Creditor. Executor 23. Exoneration 10. Interest 1. Purchase 18. Revocation 5. 7. Satisfaction 34. Will 32. 33. 34. 222.

DEBT, CONTINGENT.
See Bankrupt (Proof 24.)

VI. 170

VOL. XX.