DEBTOR.

See Assets. Bankrupt (Partner 18.) Composition. Cre-
ditor. Devise 5. Extent 1. Fraud 22. Interest.
Marshalling. Merger. Privilege (Arrest.)

DEBTS.

See Assets 20. 21. Charge 12. Devise 24. Insurable In-
terest 1. Interest 19. Will 161. 162. (Revocation 20.)

DECLARATION.

See Evidence (Pedigree 7.) Pleading 59.

DECREE.

1. Against one, representing the inheritance, binds all
remainders.

2. Final, on a sum ascertained, equal to a judgment.
3. S Distinction, when for an account, &c.

4. On merits, enrolment not opened: nor staid for an
appeal. Analogy to law.

5. General lets in creditor by decree or judgment with-
out reviving.

6. Though equal to judgment as to personal estate, does

not affect land.

1. Decree against a person, representing the inheritance,
binding upon all remainders behind, by analogy to the
rule at law, that a Recovery, in which a subsequent
Remainder-man is vouched, bars all remainders behind,
without prejudice to those intermediate.

2. Decree equal to a Judgment at law.
3. A final decree, upon a sum ascertained, is equal to a
Judgment; but a mere decree for an account of the
plaintiff's demand, and of the personal estate come to
the hands of the defendant, with a mere direction for
payment out of the result of that account, does not
prevent the executor paying a judgment. Perry v.
Phelips.

·

4. Motion to open the Enrolment of a Decree, and to stay
proceeding under it, to give an opportunity of appeal,
refused: the Decree being made upon the merits: as
at law a Judgment by default is vacated on Motion; not
a Judgment on the merits. Charman v. Charman.
5. Right of creditor by Decree, or Judgment, to come in
under a general Decree, without reviving. Mildred v.
Robinson.

6. Decree, though equal to a Judgment as to personal estate,
does not affect land. Mildred v. Robinson.

PRO CONFesso.

PRO CONFESSO.-1. On two insufficient answers.

2. Not prevented by filing answer without
receipt for costs. Waver by taking Office-
copy.

1. Information decreed to be taken pro confesso upon two
insufficient Answers. Attorney-General v. Young.

Vol. Page

IX. 64

IX. 125

X. 34

XVI. 115

XIX. 585

XIX. 585

III. 209

2. To prevent a Decree pro confesso the defendant should have, not only an Answer upon the file, but also a receipt for the costs. The Answer being filed without payment or tender of the costs, the defendant was remanded, to give an opportunity of moving to take it off the file for irregularity; but, the plaintiff having taken an Office-copy of the Answer, that course failed. Sidgier v. Tyte.

See Appeal 4. 5. 8. 10. Executor 34. Practice 7. 16.
87. 102, 186. 187. 293. 294. 303.

3. When corrected by articles.

4. Not varied by parol.

5. Impeached dehors,

6. Lost: action without Profert.

7. Not construed by subsequent events.

8. Sealing and delivery essential: not signing, unless

under a power.

9. As to implication against express limitation. 10. Void at law sustained in equity.

1. Prima facie title-deeds are property in the custody of tenant for life: may be taken from a jointress upon her jointure being confirmed.

2. Where tenant for life is satisfied, and does not care about the title, but remainder-man is not, the Court will take care of the deeds; and not leave them in the hands of third persons, who have no right, to the prejudice of the remainder-man.

3. Though a formal mistake in a deed may be rectified by articles, of which it purports to be an execution, essential additions cannot be made to a conveyance from articles, of which it does not purport to be an execution; nor can the transaction be rescinded by the Court. Mosely v. Virgin.

4. A deed not to be varied by parol evidence of the actual agreement. Jackson v. Cator.

Vol. Page

XI. 202

I. 76

I. 78

III. 184

V. 688

5. A deed may be impeached by matter dehors; as upon
averment of illegal and corrupt consideration.
6. Action upon a lost deed without Profert. Seagrave v.

XIII. 318

Seagrave.

XIII. 439

7. Deed construed as from the moment of execution; not
by subsequent events.
8. Sealing and delivery essential to a deed; which, if de-
livered, may be a good deed, whether signed or not.
If to be executed under a power with signature and
sealing, both are necessary.

9. As to extending or reducing an express limitation in a
deed by implication, quære.

10. Instrument, though void at law, may be sustained in equity.

CONSIDERATION.-VOLUNTARY.

CONSIDERATION. -1. Examined without allegation. Not pro turpi causâ upon a suspicious clause.

Vol. Page

XVI. 156

XVII. 459

XVIII. 422

XVIII. 423

1. Clause in a deed of assignment of stock from a married man to a married woman, that she shall live, where he resides, though suspicious, is not sufficient ground to hold it pro turpi causá. Want of allegation shall not prevent the Court from looking into the consideration. VOLUNTARY. 1. Bill to have it delivered up, dismissed. Cross bill retained with liberty to sue upon a

covenant.

1. Bill to have a voluntary deed delivered up dismissed:
Cross bill to execute it retained for a year, with liberty
to sue upon a covenant in the deed. Colman v. Sarrel.
See Construction 1. Contract (Illegal 5.) Election 37. 38.
Evidence 15. (Presumption 5. 6. 7.) (Witness 12. 13.)
Execution 4. 5. Jurisdiction 27. Lien 1. 12. Plead-
ing 1.
Power 39. Practice 2. 22. 349. Presump-
tion 1. Profert 2. 3. Purchase 17. Title-deeds.
Trust (Resulting 2.)
29. 53. 146. 311.

Voluntary Settlement, &c. Will

DEED, DEPOSITED.

See Mortgage (Equitable 2.)

DEED, LOST.

See Mortgage 59.

DEED OF SEPARATION.
See Baron and Feme.

DEED, TESTAMENTARY.
See Will 31.

DEFAULT.

See Practice 385. Re-hearing 5.

DEFECTIVE CONVEYANCE.
See Contract 78.

DEFENDANT.

See Revivor 1.

I. 51, 52

I. 50

DELEGATES, COURT OF.
See Will 139. 143. 176. 211.

DELIVERY.

See Deed 8. Execution 4. Voluntary Settlement, &c. 4. 5..
DELIVERY OF INSTRUMENTS.

See Annuity (Jurisdiction 2.) Policy (Publick 1.) Power
(Of Attorney 1.)

DELIVERY OF POSSESSION.
See Possession 1.

DEMONSTRATIVE LEGACY.
See Legacy.

DEMURRER.

1. The ground a short point for a clear dismission with
costs.

2. Set down, withdrawn on payment of costs.

3. No decree, where defendant might have demurred. 4. General, if good to the relief.

5. Ore tenus.

6. For want of parties, whether it must state them.

7. And Answer, not covering all the charges, over-ruled. 8. To bill, stating payment according to the contract, for goods, exported to America, but under protest for fraud.

9. To relief and answer to discovery.

10. For uncertain allegation.

11. Good as to one defendant; bad as to another.

12. To discovery of a felony.

13. By wife to discovery of felony by husband.

14. Submitted to after setting down, and bill amended: £5 costs.

15. Good to discovery, if to the relief.

16. Partial, after general, over-ruled, by leave.

17. Not good, and bad, in parts; as a plea.

18. General allowed, or even after dismission by Order,
the cause may be set up again.

19. Admission of one fact, besides denying combination,
a compliance with the terms not to demur alone.
20. General, if good to the relief.

1. The ground of a Demurrer must be a short point; upon
which it is clear, the bill would be dismissed with costs
at the hearing; therefore upon a Bill by assignees of a
bankrupt for specific performance of an agreement
previous to the bankruptcy to grant a lease, the case
consisting of a combination of circumstances, the evi-
dence might sustain the relief with some modification:
upon which a Demurrer was over-ruled. Brooke v.
Hewitt.

2. Order for defendants to be at liberty to withdraw a Demurrer, set down to be argued, on payment of costs to be taxed. Downes v. East India Company.

3. No decree, where the defendant might have demurred.

Vol. Page

III. 253

VI. 586

VI. 686

Vol. Page

4. General Demurrer lies: the plaintiff being entitled to discovery, but not to the relief.

VI. 686

5. Demurrer ore tenus. Pyle v. Price.

VI. 779

6. No general rule whether a Demurrer for want of parties must state the parties.

VI. 781

7. Bill by creditors by Judgment, who had sued out Elegits,
for a discovery of freehold estates; charging, that the
defendant, upon his election as Member of Parliament,
previously to the Judgment, gave in his qualification;
and if the estates composing it were conveyed away
since, it was without consideration. Demurrer as to
the qualification, &c. and Answer to the rest: but not
going to the charge of conveyance without consider-
ation, the Demurrer was over-ruled. Mountford v.
Taylor.

8. Bill, alleging fraud as to quantity and quality of goods
sold, not discovered till they were exported to America;
that they were sold in consequence at a loss; and the
plaintiff being threatened with an Action paid the
original price according to the contract, under a pro-
test, that he would seek relief in equity; and praying
an account and payment in respect of the loss, and a
commission to America. Demurrer allowed. Kemp v.
Pryor.
9. The rule, that, if the plaintiff is not entitled to the relief,
though entitled to discovery, a general Demurrer holds,
does not preclude the defendant from demurring to the
relief, and answering as to the discovery. Hodgkin v.
Longden.

10. Demurrer allowed: the bill not alleging with sufficient certainty, by whom the duties claimed by the city of London under Letters patent, in respect of which a discovery was prayed in aid of an Action, were payable. The Mayor, &c. of London v. Levy.

11. Though a Demurrer cannot be good in part and bad in
part, as to the matter demurred to, it may be good as
to one defendant, and bad as to another.
12. A bureau, delivered for the purpose of repairs to a per-
son, who discovered money in a secret drawer; which
he converted to his own use. This amounts to a felony;
and upon that ground a Demurrer to a Bill of discovery
was allowed. Cartwright v. Green.

13. A married woman may demur to a discovery, that may subject her husband to a charge of felony. Cartwright

v. Green.

14. A Demurrer, set down for argument, being submitted to,
and the bill amended, £5 costs were allowed. Anonymous.
15. Demurrer, good to the relief, is good to the discovery
sought with a view to the relief. Baker v. Mellish.
16. After a Demurrer to the whole bill over-ruled the defend-
ant may put in a Demurrer, less extended; but not
without leave of the Court. Baker v. Mellish,

VIII. 405

IX. 221

X. 444

XI. 68