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AN INDEX 
 
 TO THE 
 
 Virginia Eeports, 
 
 FROM JEFFERSON TO SSrd GRATTAN, 
 BOTH INCLUSIVE. 
 
 WITH A COMPLETE T^ABLE OF OASES. 
 
 WILLIAM B. MARTIN, 
 
 Of The Noefolk (Va.) Bar. 
 
 J. W. RANDOLPH & EN&LISH, ' 
 1302 and 1304 Main Street, Richmond, Va. 
 1881. 
 
Copyright, 1881, 
 
 Bv WILLIAM B. MAETIlif. 
 
 « 
 
 Printed by Bound by 
 
 The Norfolk Vieginian, J. W. Randolph & English, 
 
 Norfolk, Va. Eichmond, Va. 
 
PREFACE. 
 
 This book is an iiicjex to all the reported decisions of the Supreme 
 Court of Appeals, of the General Court, and of the High Court 
 of Chancery, of Virginia; and, also, of the decisions of the Special 
 Court of Appeals reported in the two Volumes of I'atton, Jr., and 
 Heath's Reports. 
 
 The necessity for an Index of this kind has long been felt by the 
 bench and bar of the State ; and in recognition of the great import- 
 ance of accuracy in such a work, special care and attention have 
 been bestowed upon the present volume by the author, and he hopes 
 that it will meet the need of the profession, to whose indulgent con- 
 sideration he respectfully and confidently submits it. 
 
 Little need be said as to the method pursued. It is an index,iLiid 
 not a digest. Each citation is to be read with reference to the title, 
 or sub-title, or both ; and a comma is generally used in the place of 
 such title, or sub-title. Sub-divisions have been made only when 
 they could not be avoided. The cross-references should be freely 
 consulted. 
 
 If this work shall lighten the labors of his brethren of the bar, 
 and assist in the ready administration of justice, the object of its 
 author will have been fully accomplished. 
 
 W. B. MARTIN. 
 NoEFOLE, Va., July 15th, 1881. 
 
ABBREVIATIONS 
 
 Used in thts Index in Referring to the Reports. 
 
 C Call. 
 
 &il , Gilmer. 
 
 G Grattan. 
 
 H. & M Hening&Munford. 
 
 J Jefferson. 
 
 L r Lei^h. 
 
 M Muuford. 
 
 P. &H Patton, Jr. & Heath. 
 
 B Randolph. 
 
 Bob BobirLson. 
 
 V. C Virginia Cases. 
 
 W Washington. 
 
 Wy Wythe. 
 
AN INDEX 
 
 TO THE 
 
 VIRGINIA EEPORTS. 
 
 ABANDONMENT. 
 
 equitable rights may be lost by, but not vested legal rights, 2 W. 106. 
 what acts and neglect by a party to a sealed contract held an, of it, 1 H. 
 
 & M. 429. 
 to what purchaser of land abandoning contract entitled in equity, 5 L. 56 1. 
 what acts are an implied, Ijy mortgagee of his claim as against a purchaser, 
 
 4 M. 351. 
 facts agreed in this case held not an, of party's claim, 5 M. 82. 
 what delays not an, of a cause, 4 Gr. 348. 
 lapse of time from 1783 to 1826 not an, of revolutionary claim in this 
 
 case, 1 L. 535. 
 party disclaiming right to slaves cannot afterwards assert the right dis- 
 claimed, 2 L. 401, 
 5«<Bre as to, by commonwealth of title to a dock in Norfolk City, 23 G. 251. 
 practising as attorney at law no, of office of county judge, when, 33 G. 
 
 443, 510. 
 ABATEMENT ; see Appeal; Pleading. 
 how legacy of widow under husband's will abated, 3 0. 11. 
 Code 1860 ch. 171 §19 applies when objection to jurisdiction is matter of, 
 
 16 G. 355. 
 omission to write title of profession of prosecutor no ground of, 10 L. 685. 
 of appeals by death of party. How suit revived, 1 W. 138, 154 ; 3 H. & 
 
 M. 501; 2H.&M. 211. 
 When sci. fa. will not lie against sergeant to revive an appeal, 2 C. 357. 
 appeal abating at March Term, sei. fa. awarded at October Term, 3 H. & 
 
 M. 217. ' 
 
 appeal against two defendants need not be revived on death of one, 1 M. 
 
 269. 
 
2 ABATEMENT. 
 
 ABATEMENT, Continued. 
 appeal from judgment in ejectment does not abate by death of lessor of 
 
 plaintiff, 3 M. 191. 
 effect of death of defendant in trespass before or after verdict, 3 E. 14. 
 when charter of company expires pending an appeal latter abates, 7 L. 154. 
 effect of death of one of two plaintiffs in supersedeas, 9 L. .308. 
 when death of one demandant abates the whole writ, Gil. 145; 2 K. 454. 
 of writ of right held absolute in this case, 2 L. 16. 
 when tenants in writ of right not allowed to plead in, proceedings stayed, 
 
 &G. 2 L. 733. 
 what facts should be plead in, by tenants in a writ o/ I'ight, 9 L. 444 ; 2 
 
 Kob. 485. 
 when partner sued alone for firm debt must plead in, 1 W. 9. 
 when suit dismissed without plea in, 1 W. 152. 
 plea in, not disclosing other partners judgment had against those pleading, 
 
 1 W. 372. 
 
 when plea in, must show defendant's residence and where cause of action 
 
 arose, 2 P. & H. 529. 
 when plea in, admissible to set aside office judgment, 2 C. 49 1 ; M. 284. 
 what may be pleaded in, 2 C. 49. 
 
 administratrix with will annexed may plead in, when, 2 C. 49. 
 judgment reversed for error in parties, though no plea in, 1 H. & M. 61. 
 how plea in, to an attachment should conclude, 2 H. & M. 308. 
 plea that a defendant never absconded is a plea in, 2 H. & M. 308. 
 plea in bar containing only matter pleadable in, bad, 1 L. 64. 
 pleas in, require the utmost strictness. A general demurrer operates as a 
 
 special one, 6 L. 47. 
 what plea of, to jurisdiction must state, 2 G. 202. 
 when matter in, must be, and when it may be, pleaded, 2 Kob. 56. 
 when executor of defendant cannot plead in, if pla,intiff objects, 3 H. &M. 
 
 47. 
 heir sued before personal representative must object by plea in, 2 G. 200. 
 what averment necessary in plea of, of a former action, 9 G. 622. 
 plea in, as to competency of a grand juror held insufficient, 4 L. 645. 
 member of legislature cannot plead his privilege in, 3 G. 227. 
 two repugnant pleas in, cannot be pleaded in a criminal case, 1 V. C. 188. 
 plea in, admissible in ejectment. Defendant may waive plea and plead in 
 
 bar,' 16 G. 434. 
 what defect in return on summons taken advantage of only by a plea in, 
 
 16 G. 314. 
 what objection to jurisdiction only taken by plea in, 15 G. 122. 
 a plea to the jurisdiction must be decided by the court, 19 G. 485. 
 what plea that suit was brought in wrong county good, 27 G. 259. 
 two pleas in, may be pleaded at same time to presentment or indictment, 
 
 2 V. C. 318. 
 
 when refusal to grant continuance may be plead in, 9 L. 636. 
 pleas in, to indictment held insufficient in this case, 9 L. 651. 
 pleas in, in casesof misdemeanor should be sworn to, 8 L. 722. 
 
ABATEMENT— AB8ENT DEFENDANT. 3 
 
 ABATEMEIST, Continued. 
 
 what plea in, to indictment for felony tried by a jury, 2 G. 562. 
 
 plea in, held bad, 2 V. C. 3 
 
 when too late to ask leave to plead in, 2 M. 297. 
 
 when plea in, not allowable though there is a variance between the 
 amended declaration and the writ, 3 M. 159. 
 
 what plea in, not received after cause remanded for a new trial, 6 M. 580. 
 
 when if defendant answer bill, he can, or cannot, plead in, to the juris- 
 diction, 2 L. 6. 
 
 when too late for prisoner to plead irregularities in, 8 G. 606. 
 
 of suit against partners as to one not served with process, 1 "W. 9. 
 
 of suit by death of party. How revived, 1 "W. 138, 154 ; 3 H. & M. 501. 
 
 when suit dismissed without a plea in, 1 W. 152. 
 
 of suit by administrator after a conditional verdict, 1 W. 212. 
 
 of format suit. When a second suit barred. When not, 1 W. 302. 
 
 agreement that suit shall not abate on death of either party operates as a 
 release of errors, 1 C. 520. 
 
 of suit in ejectment after judgment for defendant and death of appellee, 
 6 C. 44. 
 
 what no, of an action of ejectment, 1 H. & M. 531; 3 H. & M. 614; 2 M. 
 453 ; 3 M. 191. 
 
 what matter of, of proceedings in a suit for freedom, 14 G. 287. 
 
 what plea in, that suit was brought in wrong county, good, 27 G. 259. 
 
 ABDUCTION, 
 seduction and, of female over sixteen years of age not punishable by in- 
 dictment, 5 E. 627. 
 
 ABOLITION. 
 
 act punishing member of, society, construed, 9 L. 665. 
 
 ABSENT DEFENDANT; see ^ttaeAmemi; Defendant; Parties. 
 
 when plaintiff may enforce decree against, without giving the security it 
 required, 4 H. & M. 502. 
 
 when home defendant must pay interest on money decreed to be paid by 
 him to creditor of, 4 H. & M. 502. 
 
 attachment cannot be enforced until claim is established against, 3 M. 94. 
 
 how court proceeds when home defendant has effects of, 3 M. 94. 
 
 Superior Courts of Chancery have jurisdiction if process served on defen- 
 dant in their district though he resides in another, 5 M. 431. 
 
 in chancery strict legal proof is not required against an, 2 R. 206. 
 
 jurisdiction of courts of chancery under act concerning proceedings 
 against, 3 E. 41. 
 
 when surety moving from county may be proceeded against as an , 3 E. 
 511. 
 
 nonresident not liable as an, for his neglect while clerk of court, 1 L. 
 430. 
 
 how, against whom decree has been entered must seek relief, 10 L. 507. 
 
 when parties cannot object to proof of publication against an, 12 L. 32. 
 
« 
 4 ABSENT DEFENDANT— ACOESSAEY. 
 
 ABSENT DEFENDANT, Continued. 
 
 quxre does 1 E. C. ch. 123 p. 474 authorize a personal decree against an, 
 
 1 G. 96. 
 satisfying decree is entitled to his effects which were attached, 3 G. 4. 
 interest of, in an estate may he attached in hands of administrator, 3 G. 
 
 133. 
 effect of a decree against an, how far conclusive, &c, 3 G. 94. 
 when interlocutory decree not reversed because lower court did not decree 
 
 against, 8 G. 104. 
 attaching creditor proving deht entitled to decree against, though prop- 
 erty attached is adjudged to another, 8 G. 533. 
 in a foreign attachment, who has not appeared, cannot appeal, 8 G. 349. 
 when joint decree against two, reversed though one only appears, 8 G. 
 
 349. 
 remedy against, who has estate in county where suit is brought, 11 G. 610. 
 when affidavit may he made in an attachment against, 11 G. 610. 
 proper decree in attachment case when, does or does not appear, 11 G. 
 
 610 ; 7 G. 152. 
 demurrer will not lie to bill against, for failure to aver that attachment 
 
 had issued, 11 G. 610. 
 when decree after death of, not protected by 1 E. C. p. 475-6 §4, 11 G. - 
 
 615. 
 cannot appeal from decree. Eemedy is prescribed by the statute, 6 G. 
 
 442. 
 what conclusive that order of publication against, was duly made and 
 
 posted, 9 G. 131 ; 10 G. 284. 
 who a non-resident under the attachment law, 12 G. 440. 
 may file petition to be made defendant pending an appeal, 18 G. 53. 
 bUl against, having no property in this country cannot be sustained, 4 H. 
 
 & M. 413. 
 
 ACCEPTANCE ; see AecsptoT ; BiU of Exchange. 
 ACCEPTOE. 
 
 action of debt will not lie against, of a bill of exchange, 2 W. 219 ; 3 H. & 
 
 M. 394; 2 M. 302. 
 of bill of exchange cannot charge drawer unless he pays the bill, 4 C. 286. 
 is bound to payee by a general acceptance, though consideration of the 
 
 acceptance fails, 3 H. & M. 319. 
 under 1 E. C. ch. 125 ^4 debt will lie for payee against the, of an order, 8 
 
 L. 50. 
 rights of, of a bUl of exchange, 2 P. & H. 144. 
 ACCESSAEY ; «ee Oriminal Jurigdietion and Proceedings. 
 when, may be tried for murder. What verdict against, erroneous, 2 V. 
 
 C. 211. 
 when person, in forgery. When principal, 2 V. 0. 356. 
 who a principal and not an, 6 G. 706. 
 when wife accountable for her own acts, 6 G. 706. 
 what does not constitute party an, after the fact, 25 G. 989 ; 26 G. 952. 
 
ACCESSARY— ACCOUNT. 5 
 
 AftCESSAEY, Continued. 
 what necessary to constitute party an, after the fact, 26 G. 952. 
 person who watched while others committed murder is a principal in the 
 first degree, 33 G. 845. 
 
 ACCIDENT ; see Corporation ; Mistake ; RaUroad Company. 
 
 if instrument is lost by, surety is still bound in equity, 1 C. 414. 
 
 complainant prevented by, from relief at law can get it in equity, 2 H. & 
 M. 10. ^ 
 
 when new trial granted in equity on ground of mistake and, 4 M. 68. 
 
 carpenter building house on land of another not liable for loss to it occur- 
 ring by, 7 L. 1. 
 ACCOMPLICE ; see Criminal Jurisdiction and Proceedings. 
 
 when confessions and admissions of, in a felony not competent evidence 
 against prisoner, 7 Gt. 641. 
 
 is a competent witness against prisoner charged with a crime, 2 V. C. 
 490. 
 
 who is a witness is not entitled to a pardon, nor to a continuance that he 
 may apply for it, 1 Eob. 696. 
 
 ACCORD AND SATISFACTION, 
 when, cannot be given in evidence but must be pleaded, 3 C. 234. 
 release to one of several guilty of a joint assault and battery on an, with 
 
 him, is a bar to action against them all, 2 H. & M. 38. 
 what no, of a judgment, 1 Eob. 591. 
 agreement to receive payment of bond in Confederate money on condition 
 
 construed, 21 G. 405. 
 what neither a tender nor, 21 G. 556. 
 
 ACCOUNT; see Commissioner in Chancery ; Equity; Evidemce; Personal JJepre- 
 
 sentative; Trustee. 
 executor acting honestly not denied justice for failing to return, 2 C. 102. 
 interest not allowed on an unliquidated, 2 C. 358. 
 dbjection to, cannot be first made in Court of Appeals, 3 C. 22. 
 new promise to pay store, which was barred binds debtor, 3 C. 513. 
 items of, need not be actually expunged by court if it instructs jury to do 
 
 so, 1 H. & M. 378. 
 when account book kept by former clerk admissible, 1 W. 76 ; 2 W. 151. 
 when account book inadmissible, 1 W. 172. 
 executor called on to, cannot swear himself into title to testator's estate, 
 
 1 W. 224. 
 in actions on a settled, items cannot be enquired into, 3 C. 5. 
 what not evidence against a settled, 4 C 38. 
 given out by clerk without authority not evidence, 6 C. 12. 
 ' books of, should be taken altogether, not parts only, 2 H. & M. 603. 
 in taking an, other accounts agreed on must be produced or proved, 3 H. 
 
 & M. 89. 
 when acknowledgment of feme covert not sufficient to establish an, against 
 
 husband, 3 M. 29. 
 
6 ACCOUNT. 
 
 ACCOUNT, Continued. * 
 
 when, of executor under oath prima facie evidence of amounts received by 
 
 him, 3 M. 198. 
 if, is evidence against party, it is evidence for him. Errors on face of, cor- 
 rected, 4 H. & M. 447 ; 3 M. 352. 
 on bill for an, decree may be against plaintiff for balance due, 1 W. 128 ; 
 
 1 M. 150. 
 
 equity has jurisdiction to settle, when, 1 W. 145. 
 
 decree reversed for error on face of, though no exceptions filed, 2 W. 195. 
 
 bill for an, of stale transactions not sustained, when, 2 C. 537 ; 1 H. & 
 M. 181. 
 
 decree confirming, reversed because all accounts not settled, 3 C, 502. 
 
 settlement by court of guardian, is the best evidence, 4 C. 453. 
 
 proper parties to a bill for an, of decedent's effects, 4 C. 577. 
 
 commissioner taking a partnership, must disregard parts referring to the 
 private affairs of partners, 1 H. & M. 9. 
 
 items not exhibited to jury nor mentioned in answer, rejected by commis- 
 sioner, 1 H. & M. 454. 
 
 court should not decide upon controverted, without referring it to a com- 
 missioner, 1 H & M. 543. 
 
 1 E. C. ch. 128 section 16, relates only to open accounts, 4 p. & M. 266. 
 
 what evidence to prevent expunging of items barred by act of limitations, 
 
 2 M. 316. 
 
 error on face of commissioner's report corrected though not excepted to, 1 
 
 G. 431. 
 when executor's estate charged with evidences of debt in his hands for 
 
 collection, 5 M. 223. 
 when decree rendered against plaintiff for an improper credit allowed 
 
 him, 1 M. 447, 
 when, will be ordered for both parties, 5 L. 561. 
 when party moving to recommit, may show himself entitled to credits 
 
 not allowed, 2 M. 505. 
 when court will not dismiss bUl but enter a new order for an, 3 M. 488. 
 equity will direct books produced. Presumptions in such case, 3 M. 352. 
 bill for an, will not lie unless there are inutual demands, 2 R. 449. 
 when it is error for court to order an, 4 E 250. 
 when equity will entertain bill for an, running many years, 2 L. 6 
 equity has no jurisdiction of bill for an, if there was a plain legal remedy, 
 
 2 L, 490. 
 suit by unchartered company against its cashier lor an, sustained, 4 L. 
 
 223. 
 when bill for an, which depends on agreements held by party who will 
 
 not produce them, sustained, 5 L. 83. 
 quxre whether creditor can maintain bill for an, against debtor's executor, 
 
 6 L. 504. 
 what facts insufficient to warrant a bill for an, 7 L. 402. 
 
ACCOUNT— ACQUITTAL. 7 
 
 ACCOUNT, Continued. 
 rule that an, rendered and not objected to is an account stated, considered, 
 
 12 L. 173. 
 practice and measure of relief on bill to Impeach a settled, 10 L. 434. 
 how, of a guardian of several wards should fee stated, 9 G. 372. 
 bill for an, against heirs &c. of a trustee held barred by lapse of time, 23. 
 
 G. 212. 
 to what, Code 1860 ch. 132 ?16 applies, 23 G, 376. 
 
 when, of administrator c. t a. should be settled as a guardian, 23 G. 652. 
 executor's, returned by commissioner looked to to show character in which 
 
 he held the assets of the estate, 26 G. 248. 
 when'on creditor's bill decree for, not required, 27 G. 229.- 
 attorney iii cause not a competent commissioner to take an, 29 G. 697. 
 what accounts necessary on bill to subject property conveyed to avoid 
 
 debts, 6 G. 154. 
 mere rendering of, does not make it an account stated. What does, 17 G. 
 
 534. 
 bill for discovery and, can be brought against agent by administrator of 
 
 principal, 33 G. 451. 
 committee of lunatic generally charged with simple interest only. When 
 
 not entitled to commissions, 33 G 674. 
 statute of limitations ceased to run against all debts from time of a de- 
 cree for, 33 G. 548, 
 ACKNOWLEDGMENT ; see- Deed. 
 of a bond binds party though he did not sign it, 1 C. 224. 
 deed re-acknowledged and recorded within eight mouths from that time 
 
 is good against creditors and purchasers, 2 C. 125. 
 marriage contract enforced on, before witnesses who were not present when 
 
 it was made, 4 O. 231. 
 ACQUIESCENCE, 
 construction of will made with, of parties binds themj 8 L. 306, 
 if defendant does not except to rejection of his pleas, is presumed, 9 L. 
 
 347. 
 when a party bound by, in a decree, 22 G. 1. 
 ACQUITTAL; see Oriminal Jurisdiction and Proeeedings ; Tried. 
 
 when prisoner not entitled to, on ground of delay in his examination, 2 
 
 V. C. 74, 162, 363. 
 when discharge of jury no bar to prosecution under a new indictment, 2 
 
 V. C. 111. 
 three ways by which prisoner may be acquitted, 5 E. 669. ■ 
 when judgment of, should be entered on counts which verdict does not 
 
 notice, 9 L. 627. 
 when prisoner entitled to discharge because of delay in his trial, 1 Eob. 
 
 731, 
 if court' improperly discharge jury without prisoner's consent, he should ' 
 
 be discharged, 3 G. 567. 
 when person indicted for aiding slave to escape entitled to an, 3 G. 571 
 
8 ACTION. 
 
 ACTION, 
 gist of, of escape. What must be proved, 1 W. 4. 
 devastavit must first be shown before, on bond of an executor, 1 W. 31. 
 when, for rent must be in name of guardian, 1 W. 87. 
 when, lies against an agent personally, 1 "W. 199. 
 against inspector receiving counterfeit notes may be by holder of the real 
 
 notes, 1 W. 217. 
 of debt -will not lie against sheriff who levied and did not pay rent, 1 W. 
 
 232. 
 vphen, on the case proper by landlord against a sheriff for rent, 1 W. 232. 
 two or more may join in, of trespass for freedom, 1 W. 234. 
 what promise sufficient to sustain assumpsit, 1 W. 260. 
 when, barred by a former judgment on an award, 1 W. 303. 
 when, will lie against special bail, 1 W. 313. 
 if property levied on is restored to defendant on his promise to pay the 
 
 debt, an, will lie on such promise, 1 C. 18 
 how one deprived of an oiEce may sue party depriving him, 1 C. 250. 
 by assignee did not lie on bonds with collateral conditions before the act 
 
 of 1795, 1 C 483; 2 C. 232. , 
 
 cannot be maintained on a bond not taken as the statute directs, 3 C. 421. 
 executors of two deceased obligors cannot be joined in the same, 3 C. 521. 
 in every, in courts of limited jurisdiction, jurisdiction should be averred, 
 
 4 C. 107. . 
 
 administrators of two obligors in a joint and several obligation cannot be 
 
 joined in the same, 4 C. 130 
 day need not be precisely laid in declaration in a transitory, 4 C. 225. 
 wife need not be joined with husband in trover for her slave, 6 C. 55. 
 what will warrant, on bond to indemnify plaintiff for delivering a slave, 1 
 
 H. & M. 450. 
 attorney in fact cannot maintain an, in his own name, 1 H. & M. 471. 
 will lie against sheriff for tortious acts of his deputy as such, 2 C. 273 ; 4C. 
 
 422;3H. &M. 127. 
 will lie at common law against sheriff for not executing and returning pro- 
 cess of court of chancery, 4 H. & M. 461. 
 jttajre, will, lie against officer for acting under an unconstitutional law, 3 M. 
 
 579. 
 dismission of, by plaintiff no bar to another, for same cause, 4 M. 207. 
 when third endorser may sue maker and first endorser of note fraudxi- 
 
 lently put in circulation by second endorser, 4 M. 496 ; 5 M. 381. 
 quxre, is right of, for civil injury merged in the felony, 4 M. 444. 
 in equity by executor of a surety who pays the debt, sustained against de- 
 visee of principal debtor, 6 M. 202. 
 when surviving covenantee in a several covenant cannot maintain an, for 
 
 the whole amount, '3 L. 98. 
 under agreement in this case, would lie for slave but not for the price, 3 
 
 L. 250. 
 when party may bring, of debt on a burnt record, 4 L. 57. 
 when, will noli lie against sheriff for taking insufficient bail, 4 L. 276. 
 
ACTION. B 
 
 ACTION, Continued. 
 
 debt on specialty and simple contract may be joined in one, 5 L. 109. 
 
 when, will not lie to recover money paid city for taxes under a mistake, 5 
 L. 305. 
 
 will not lie to recover money lent to bet on an election, 2 G. 257. 
 
 when owner of slave may bring, against party aiding his escape, 2 Gr. 366. 
 
 what part performance of a contract no obstacle to, on it, 2 G. 539. 
 
 by apprentice on his indentures must be in his own name, 3 M. 183. 
 
 may be brought by trustees of a corporaito college in their corporate title, 
 5 M. 324. 
 
 may be by guardian in his own name on draft due ward and payable to 
 
 guardian, 6 M. 3. 
 - by A cashier of a bank is individual, of ^ ; " cashier " &c. is surplusage, 4 
 E. 359. 
 
 may be in Virginia courts upon a contract made, or for personal injuries 
 committed, anywhere, 5 M. 110. 
 
 use of videlicet in such cases. Practice when locality is essential part of 
 defence, 5 M. 110. 
 
 when, lies on a covenant to do two acts, one only being done, 2 G. 167. 
 
 against principal for goods bought by agent, 2 G. 237. 
 
 for what, cannot be sustained against a personal representative as such, 11 
 G. 300. 
 
 when iin, against personal representative such description surplusage. 
 When not, 11 G. 300. 
 
 remedy of third person entitled to share money paid jointly to others, 6 
 G. 219. 
 
 what proper to charge in trespass quare clausum fregit, 6 G. 144, 
 
 a joint, of trespass, lies against husband and wife for a joint assault, 6 G. 
 213. 
 
 what the verdict may be in such case, 6 G. 213. 
 
 when, may be brought for services rendered testator, 9 G. 708. 
 
 when, lies to recover back money paid on a rescinded contract. When 
 not, 10 G. 1. 
 
 when remainderman cannot bring trover for slave sold by life tenant, 10 
 G. 333. 
 
 for fraud in selling unsound slave will not lie against personal representa- 
 tive of vendor, 11 G. 202. 
 
 what defects in, cured by act of jeofails. What not cured, 11 G. 202. 
 
 sheriff may recover property of insolvent debtor fraudulently transferred, 
 11 G. 99. 
 
 lies against executor for legacy if he has assented to it and waived a re- 
 funding bond, 11 G. 724. 
 
 majority interested cannot take away right of, of minority, 13 G. 78. 
 
 reversioner in slave may sue for injury to him while in life tenant's hands, 
 16 G. 393. 
 
 personal representatives of remaindermen must be joined with other re- 
 maindermen in, for their property, when, 17 G. 490. 
 
 2 
 
10 ACTION. 
 
 ACTION, Continued. 
 suit may proceed in plaintiflPs name though he takes benefit of insolvent 
 
 act, 17 G. 472. 
 for damages for breach of contract to buy hogs. What must be proved, 23 
 
 G. 561. 
 if judgment in a joint, is erroneous as to sureties it is so as to principal also, 
 
 2 E. 313. 
 
 tenants claiming pai-ts of land sued for may be joined in one, of ejectment, 
 
 3 R. 462. 
 
 in joint,' against drawer and endorsers an endorser cannot make himself 
 
 a witness to invalidate the note by confessing judgment, 3 K. 316. 
 office judgment in joint, against drawer and endorsers of a note not con- 
 firmed without writ of enquiry, 4 R. 152. 
 drawer and endorser of single bill under seal cannot be sued jointly, 4 E. 
 
 253. 
 in joint, against two there should be same judgment as to both, 2 L. 195. 
 necessity of joint judgment in, on contract against several, 7 L. 83. 
 in joint, against three plaintiff must prove all liable, 9 L. 30. 
 if one of two plaintiffs in supersedeas die cause proceeds in name of sur- 
 vivor, 9 L. 308. 
 in, on joint contract judgment must be for, or against, all, 11 L. 606. 
 what proper mode of objection if, at law and equity pending at the same 
 
 time for same cause, 18 G. 475. 
 dismissed because brought in county where defendant did not reside and 
 
 process improperly directed, 27 G. 259. 
 when proceedings in, against member of legislature se^; aside, 3 G. 227. 
 what a suf&cient averment of relation of master and servant in suit by 
 
 father for seduction of daughter, 33 G. 722. 
 in such action evidence of pecuniary condition of defendant is competent, 
 
 33 G. 722. 
 when statute of limitations begins to run in such case, 33 G. 722. 
 ward may bring, against guardian in county where latter lives for pro- 
 ceeds of land lying in another county, when, 33 G. 663. 
 in cases of warranty of soundness or quality, 26 G. 283 ; 32 G. 518. 
 administrator of endorser of note may bring assumpsit, or debt, in his own 
 
 name against maker for amount paid for note, when, 26 G. 914. 
 trover is proper, to recover for jiroperty taken by military for use of a lu- 
 natic asylum, 27 G. 163. 
 executor lending money under order of court may sue for it without a 
 
 further order, 27 G. 182. 
 police officer removed by mayor may bring, for damages, when, 30 G. 24. 
 when, on the case proper remedy for damages sustained by reason of an 
 
 attachment, 31 G. 651. 
 when, for breach of promise of marriage will not lie against personal rep- 
 resentative of promisor, 32 G. 203. 
 when assumpsit will lie to recover back money paid for land, 32 G. 235. 
 when act of limitations no bar to such, 32 G. 235. 
 when, for malicious prosecution cannot be sustained, 32 G. 324. 
 
ACTION— ADMIRALTY. 11 
 
 ACTION, Continued 
 
 to what actions Code 1849 ch. 177 ^19 applies, 26 G. 403. 
 
 creditor having two remedies, or two sets of obligors hound for his debt, 
 may pursue both at same time, 33 G. 463. 
 
 parties having decrees in county court against debtor who becomes bank- 
 rupt may sue administrator and heirs of his surety in circuit court to 
 subject his land, 33 G. 548. 
 ADDITION. 
 
 plea in abatement.held bad becau.se of wrong, to prosecutor's name, 2 V. 
 C. 3. 
 
 indictment abatable for want of, to defendant's name, 2 V. C. 374. 
 
 what estates and degrees known to common l^w not repugnant to consti- 
 tution, 2 V. C. 401. 
 
 ADJOURNED CASE, 
 record of, must show it was with prisoner's consent, when, 9 L. 638. 
 
 ADJOURNMENT OF. QUESTIONS. 
 
 when, to General Court proper, 11 L. 636. 
 ADMINISTRATION ; see Decedents' Estates; Personal Representative. 
 
 when sentence of probate court rejecting paper offered as a will is binding 
 on legatee named in it, 3 G. 529. 
 
 court granting, has discretion as to amount of bond of personal represen- 
 sative, 3 G. 428. 
 
 what court can require additional security. Former sureties not exone- 
 rated, 3 G. 428. 
 
 husband who has relinquished marital rights to wife's property is not en- 
 titled to, 8 G. 486. 
 
 how testator's estate applied to payment of debts, 9 G. 541. 
 
 when' devisees and legatees contribute ratably to payment of debts, 9 G. 
 541. 
 
 how amount of testator's debts to be charged to each fund, ascertamed in 
 this case, 23 G. 477. 
 
 when error to charge land with debts until personal estate so applied, 23 
 G. 780. 
 
 if debts not collectable because of stay law land could not be sold to pay 
 them, 23 G. 780. 
 
 course of court apprehending a deficiency of personal assets, 23 G. 780. 
 
 order committing estate nunc pro tunc relates back, 17 G. 490. 
 
 what on, bond must contain, 3 G, 342. 
 
 liabilities of distributees in Virginia for debts when estate distributed un- 
 der laws of another State, 1 G. 96. 
 ADMINISTRATOR ; see PersoncU E^esenlative. ' 
 
 ADMIRALTY. 
 
 when condemnation of slave in foreign court of, gpod, 1 W. 212. 
 no appeal lay from court of, on an interlocutory decree, 4 C. 127. 
 mariner has claim for wages out of proceeds of sale of ship by court of, 4 
 G 158. 
 
12 ADMIRALTY— ADVANCEMENT. 
 
 ADMIRALTY, Continued. 
 
 after dissolution of, courts, the District Courts of the State executed sen- 
 tences of Court of Appeals as to cases in said courts, 4 C. 372. 
 
 how far sentence of foreign court of, evidence in Virginia courts, 3 M. 53. 
 
 General Court had no, jurisdiction from 1699 to 1776, 2 V. C. 172. 
 ADMISSION; see Confession; OriminalJurisdiction and Proceedings ; Evidence. 
 
 in an offer of compromise not accepted, is not admissible in evidence, 1 C. 
 18; 5M. 507. 
 
 when, if defendants admit parties to a suit without o*bjection, they cannot 
 ohject after verdict, 4 H. & M. 200. 
 
 failvire to deny in answer fact stated in bill is an, of it, 2 M. 298 ; 5 M. 86. 
 
 what not an, by assignee x)f a bond, of notice of its consideration, 2 M. 387. 
 
 of one partner made after dissolution of firm binds the other, 7 L. 362. 
 
 what, of bailee of slave admissible in suit by owner against him for loss 
 of slave, 8 L. 565. 
 
 of a person who could not be made to testify against himself should be re- 
 ceived as if he were dead, 8 L. 697. 
 
 made in one part of pleading cannot be referred to to aid another plea, 9 
 L. 240. 
 
 general rule that, of one is not evidence against another adverted to, 2 
 Hob. 676, ' 
 
 when in suit against administrator paper signed by him before intestate's 
 death inadmissible, 7 G. 257. 
 
 what, of defendant evidence in debt under plea of payment, 8 G. 557. 
 
 weight to which evidence of admissions is entitled, 2 P. & H. 616. 
 
 rule as to admissions of prisoner in case of murder, 21 G. 809. 
 ADULTEEY AND FORNICATION. 
 
 illicit intercourse between unmarried man and married woman is fornica- 
 tion in the man, 6 G. 672. 
 
 indictment for lewd and lascivious cohabitation held good, 7 G. 589. 
 
 one credible witness sufficient to convict for, 7 G. 591. 
 
 ADVANCEMENT ; see Hotchpot. 
 when equity *ill supply legal defects in a deed in case of, 1 W. 274. 
 when interest on, not brought into hotchpot, 1 W. 224. 
 when payment by father of gaming debt of son treated as an, 5 M. 223. 
 when, taken as satisfaction of a legacy formerly given to child, 5 E. 577. 
 made subsequent to will taken as satisfaction of legacy pro toio, ox pro tanto, 
 
 according to its amount, 12 L. 1. 
 when, brought into hotchpot Ls to be valued, qussre, 4 G. 348. 
 what not an, in satisfaction of a legacy, 11 G. 182. 
 what held in this case to be an, 23 G. 102. 
 how, valued in this case, 24 G. 260. 
 when heirs refusing to come into division of land in life of widow may 
 
 come into a second division, 25 G. 238. 
 how interest charged on, in these cases, 27 G. 902 ; 12 G. 33. 
 when, only to be brought into division of testator's real estate, 28 G. 192. 
 
ADVANCEMENT— AFFRAY. 13 
 
 ADVANCEMENT, Continued. 
 when presumption th'at gift is an, repelled. What evidence admissible, 31 
 
 G. 84. 
 in such case court may decide without reference to a commissioner, 31 G. 
 
 84. 
 to children not brought into hotchpot for benefit of widow, 12 G. 33. 
 when, made by testator not taken into account, 12 G. 628. 
 when, need not be brought into hotchpot. No part of father's estate, 1 
 
 P. & H. 353. 
 doctrine of hotchpot prior to Code of 1850, 1 P. & H. 353. 
 what insufficient to cause a debt to be considered an, 2 P. & H. 1. 
 how interest on excess of, to children charged in this case, 33 G. 273. 
 ADVEESARY POSSESSION ; see Possession. 
 AD QUOD DAMNUM ; see Inquisition. 
 
 record should show ten days notice of motion for writ of, 2 W. 76. 
 
 what appearance cures want of such notice, 2 W. 76. 
 
 deputy sheriff may execute writ of, 2 W. 126 ; 1 C. 495. 
 
 tenant iu tail having sold to his heir in fee could not sue out writ of, to 
 
 bar the entail, 3 H. & M. 278. 
 writ of, properly issued and executed instantly divests title of owner of 
 
 land and vests it iu commonwealth, 3 H. & M. 548. 
 upon what false statement of applicant for leave to build a mill writ of 
 
 will be quashed, 3 H. & M. 565. 
 mentioning in writ of, certain height for dam no ground for setting aside^ 
 
 proceedings, 4 H. & M. 1. 
 what sufficient for clerk to state in the record, 4 H. & M. 1. 
 • when sheriff allowed to amend his return on writ of, 4 M. 535. 
 sheriff need not notify party getting writ, of day for inquest, 3 L. 675. 
 what petitioner must show on application to erect a mill or other machine, 
 
 2 G. 528. 
 when inquisition quashed. Paying damages does not give ovfuership of 
 
 land, 2 G. 528. 
 a franchise may be taken for public use on making just compensation, 3 
 
 G. 258. 
 when title to land over which road, runs vests in commonwealth, 3 G. 258. 
 supervisors may proceed by writ of, to condemn land for county buildings, 
 
 20 G. 484. 
 
 who tenant of freehold be served with notice, 20 G. 484. 
 
 who not proper parties to writ of, 20 G. 484. 
 
 for what error writ of, in road case quashed, 21 G. 164. 
 
 when motion to quash should be made. When and how objections made, 
 
 21 G. 164. 
 
 " how damages assessed on a writ of, 21 G. 164. 
 proceedings by internal improvement company to condemn land, 22 G. 
 437. 
 AFFRAY. * 
 
 when if indictment is against two for an, and verdict is against one for 
 assault, the judgment shall he in favor of both, 2 V. O. 227. 
 
14 AFFIDAVIT— AGENT. 
 
 AFFIDAVIT, 
 admissible to prove conduct, but not mistake, of arbitrators or jury, 1 W. 
 
 156. 
 when chancellor will direct a new trial on an, 1 W. 1.56. 
 dissatisfaction of judge who tries issue out of chancery with the verdict 
 
 cannot be shown by, 2 C. 369. 
 appellate court cannot grant new trial on, taken after appeal was pending 
 ■ there, 4 C. 485. 
 if, excepted to at rules, is read without objection in court, exceptions are 
 
 waived, 1 H. & M. 92. 
 sheriiFs return on a paper not directed to him should be authenticated by, 
 
 1 H. & M. 206. 
 on motion for a continuance, is not part of the record unless made so by 
 
 bUl of exceptions. 1 H. & M. 374. 
 ex parte, taken in London not admissible to charge defendant in this coun- 
 try, 3 H. & M. 89. 
 when, in support of bill not evidence unless record shows it was read, 4 
 
 H. & M. 376. 
 what, on motion for leave to amend an answer should state, 4 H. & M. 
 
 405. 
 taken ex parte not heard on a motion for a new trial, 6 M. 457. 
 N what a proper, to a plea of mow est factum under our act, 6 M. 462. 
 of the loss of a bond may be filed with bill, or afterwards, 7 L. 128. 
 when person applying for a habeas corpus may show by, probable cause that 
 
 he is wrongfully detained, 7 L. 438. 
 on application to change wrme on account of prejudice, should be by disin- 
 terested parties, 8 L. 364. 
 for ruling defendant to give special baU, 8 L. 411, 
 of notary only evidence of facts stated in the protest, 2 G. 534. 
 objection to, of witness cannot be first made in appellate court, 10 G. 557. 
 what, sufiicient to authorize deposition de bene esse, 10 G. 557. 
 effect in appellate court of, taken without notice and read without objec- 
 tion in lower court, 25 G. 129. 
 AGENT. 
 
 1. In Geneeal. 
 
 2. Liability of Peincipal. 
 
 3. Liability op Agent. 
 1. In Geneeal : 
 
 authorized to draw for price of grain cannot draw for price of tobacco, 1 
 C. 361. 
 
 when deposition taken in suit with factor may be read in suit against 
 principal, 1 C. 489. 
 
 when, under act of 1755, necessary to state factor's name in declaration- 2 
 C. 16. ' 
 
 when factor cannot sell principal's property to pay endorsements, 3 C. 89. 
 
 when pri*ipal may recover property so sold, or its value, 3 C. 89. 
 
 when factor may retain principal's property to secure him for endorse- 
 ments, 3. C. 89. 
 
AGENT. 15 
 
 AGrENT, In General, Continued. 
 
 when, endorsing bill to his principal may be called as witness, 3 C. 373. 
 
 what a loan and not a payment by an, to his principal, 5 C. 118. 
 
 when, cannot take advantage of the course pursued for his principal, 5 C. 
 
 261. 
 attorney in fact cannot maintain an action in his own name, 1 H. & M. 
 
 471. 
 case of land boiight by, of a British company and escheated, 1 M. 460. 
 when, may refuse to deliver goods to bankrupt buyer, 5 M. 34. 
 purchaser knowing of fraud by, cannot insist on validity of sale, 2 R. 6. 
 what not a coniiTmation of unauthorized act of an, 6 L 47. 
 evidence of confirmation of act of, is for the jury, 6 C. 47. 
 authority to sell land gives, right to receive purchase money, when, 9 L. 
 
 387. 
 arrangement made on behalf of principal cannot be defeated by, for his 
 
 own benefit, 10 L. 364. 
 how agency may be proved, 2 G. 237. 
 
 president of corporation is not 60! officio an, to sell its property, 7 G. 352. 
 what competent evidence to prove agency, 9 G. 649 ; 11 G. 752 ; 12 G. 554. 
 what endorsement or drawing of bill by, beyond his authority, 11 G. 269, 
 
 281. 
 when declaration of, not admissible evidence, 11 G. 752; 24 G. 197 ; 26 G. 
 
 328, 
 when boatman in charge of cargo not an, for purchaser of cargo, 13 G. 454. 
 sale to, of principal's land annulled for fraud of, 3 M. 232. 
 when negligence on part of, a question of fact. When of law, 32 G. 670- 
 when goods of principal in hands of, not liable to creditors of, 16 G. 257. 
 when sale by clerk to creditor of priucipal void, 17 G. 472. 
 when, forfeits compensation, 20 G. 672. 
 president of a bank cannot release maker of note from his liability, 22 G. 
 
 51. 
 alien enemy can have, in enemy's country to collect debts and keep prop- 
 erty. Duty and liability of such, 22 G. 424. 
 when person acting as secretary of an association is its, 22 G. 755. 
 when grantors cannot question authority of, of association to take their 
 
 deed, 22 G. 755. 
 power of State to tax agents of U. S. Government, 26 G. 1. 
 when party must enquire into authority of, 27 G. 119. 
 what not authority to, to receive confederate money, 25 G. 203. 
 powers of, of insurance company, 28 G. 88. 
 when, who is trustee, may sell property before priority of debts fixed, 29 
 
 G. 289. 
 when contract of agency legal and valid. When not, 29 G. 732. 
 what bad faith on the part of an, 29 G. 732. 
 authority of, of foreign sewing machine company to sell without paying 
 
 license tax, 33 G. 898. 
 2. LiABiLiTYOF Principal: 
 
 to what extent an, may bind his principal, 1 W. 19. 
 
16 AGENT. 
 
 AGENT, Liability or Peincipal, Continued. 
 ■what agreement by attorney at law will not bind client, 2 C. 498. 
 if, exceeds his powers principal is not bound, 3 C. 207. 
 when vendor bound by previous contract by his, though unknown to him, 
 
 1 M. 493. 
 party must allow payments to, made before notice that his powers were 
 
 revoked, 4 M. 130. 
 employer not generally responsible for unauthorized trespass by his, 5 M. 
 
 483. 
 principal bound by power given, to endorse notes, though verbally stating 
 
 the power was not for that purpose, G M. 428. 
 when principal bound by false statement of, 7 G. 352. 
 principal giving, power to make and renew one note not bound by other 
 
 notes made by him, 6 L. 47. 
 cannot purchase from principal subject within scope of his agency, so as 
 
 to bind principal, 2 Eob. 292. 
 when principal not bound by unauthorized act of, 11 G. 269, 281. 
 when principal liable by reason of improper conduct of, at a sale, 17 G. 289. 
 when railroad company not liable for money borrowed by its, 21 G, 440. 
 what statements of, of railroad company not evidence against it, 26 G. 328. 
 when State or corporation not bound by acts of, 27 G. 119. 
 how far insurance company bound by acts of its, 25 G. 268 ; 28 G. 88. 
 corporations bound by acts or neglect of its agents, 28 G. 321. 
 when, authorized to collect in confederate money liable for debts paid him, 
 
 29 G. 229, 263. 
 when principal not affected by knowledge of his, of a prior unrecorded 
 
 lien, 33 G. 473. 
 3. Liability of Agent: 
 when liable personally on contract made as, 1 W. 99. 
 contracting on behalf of the Government is not personally liable, 1 C. 105; 
 
 3 C. 233. 
 when liable to principal for fraudulent sale to himself, 2 C. 218 ; 3 M. 232. 
 when, putting bonds in attorney's hands for collection only liable for mo- 
 neys received by himself, 5 C. 118. 
 not paying over money in reasonable time, must pay interest, 5 C. 118. 
 when persons signing as agents may bring covenant against each other in 
 
 their individual capacity, 3 M. 357. 
 delivering goods to insolvent buyer against the order of principal liable, 
 
 5 M. 34. 
 what acts not a waiver of the principal's rights in such case, 5 M. 34. 
 person taking note endorsed by, with notice, that he is not liable, cannot 
 
 recover from him, 5 M. 252. 
 when, selling slave left in debtor's hands not liable to trustee or creditor, 
 
 5 M. 435. 
 without reward, diligence required of him, 4 E. 164. 
 contracting for benefit of a society personally liable unless credit given 
 
 society, 4 R. 197. 
 when money received by, of an administrator whose jrawers have been re- 
 
AGENT— ALIEN. 17 
 
 AGENT, Liability of agent, Continued. 
 
 Toked, can be disposed of by the administrator, 2 "L, 512. 
 factor discounting note given for principal's goods for his own use, liable 
 
 to principal, 5 L. 456. 
 improperly Concerned in purchase of land warrant must pay over profits 
 
 received, 11 L. 213. 
 factor extending credit without principal's assent liable for loss, 1 G. (J6. 
 when principal's property, or its proceeds, can be recovered from assignees 
 
 of,- 2 G. 544. 
 taking deed of land to himself must convey to his principal, 5 G. 39. 
 must account with principal for sale of land. Compromise between prin- 
 cipal and, 5 G. 39. 
 when, transferring note a guarantor of its genuineness, 6 G. 427. 
 when forwarders not liable for goods destroyed by fire, 20 G. 264. 
 held not bound to invest in this case, bonds having risen, 20 G. 434. 
 charged with lands at value given by him, and not at price of public lands, 
 
 20 G. 672. 
 substitution by, liability of substitute, 20 G. 672. 
 failing to account and pay over forfeits compensation, 20 G. 672, 
 what agency is of a fiduciary character and, may be sued in equity, 19 G. 
 
 62. 
 duty and liability of, of alien enemy in enemy's country, 22 G. 424. 
 when, of bank liable for confederate money invested in his own name, 26 
 
 G. 188. 
 liability of sureties of, of railroad company for his default, 30 G. 218. 
 gratuitous bailee only liable for gross negligence, 32 G. 670. 
 what necessary to establish negligence on part of, 32 G. 670, 
 bill by administrator of principal lies against, for discovery and account, 
 33 G. 451. 
 ALEXANDRIA ; see Corporation. 
 cause properly decided by U. S. Supreme Court and sent down to Circuit 
 
 Court of, after retrocession of county of, to "Virginia, 7 G. 68. 
 act 5 George II. ch. 7 §4 was law of, county in District of Columbia from 
 
 June 14, 1812, 12 G. 60. 
 when, entitled to recover bonds issued for stock illegally confiscated, 33 G. 
 
 168. 
 liable for damages caused by improperly filling up street, 33 G. 208. 
 , ALEXANDEIA BANK. 
 
 construction of section 20 of act for establishing, 2 M. 339. 
 ALIEN, 
 selling goods to state bound by act scaling paper money, 3 C. 122 ; see 5 
 
 C. 107. 
 British subject bom before revolution could not before treaty of 1794 in- 
 herit lands in Virginia, 5 C. 160. 
 may take by grant or devise and convey before ofiice found, 5 C. 364. 
 every British subject became an, upon Declaration of Independence, 6 C. 
 60. ' 
 
 3 
 
18 ALIEN— AMENDMENT. 
 
 MjIES,' Continued, 
 quaere, can, be devisee of proceeds of land directed to be sold, 5 M. 117.- 
 devise to, of proceeds of sale of land held good, 5 M. 160. 
 to what cases act of Congress of Sept. 24, 1789, §12, does not apply, 5 M. 
 
 507. 
 conveyance to trustee not set aside because he was an, 6 M. 305. 
 what defendant must state in a plea of, enemy, 1 R. 372. 
 who an, and not entitled to inherit lands in Virginia, 2 R. 276. 
 when foreigners of color claimed as slaves liberated on habeas eorpaa, 7 L. 
 
 438. 
 enemy capable of taking land by devise. Treaty of 1794 construed, 9 L. 
 
 404. 
 voluntarily enlisting in U. S. anny not entitled to discharge, 1 Rob. 615. 
 who prima facie a resident of Virginia and not an, 10 G. 207. 
 when title of, not divested by war of 1812, but descends to his heirs, 12 G. 
 
 564. 
 enemy may have agent in enemy's country. Duty and liability of smch 
 
 agent, 22 G. 424. ' 
 executor not liable for money of, enemy confiscated by Confederate govern- 
 ment, 22 G. 628. 
 when, enemy cannot inherit land in Virginia, 28 G. 62. 
 when, can convey land to person capable of holding it, 1 P. & H. 250. 
 ALIMONY ; see Divorce. 
 
 court of chancery has jurisdiction in all oases of, 4 H. & M. 507. 
 what admissible evidence of marriage to entitle wife to, 4 H. & M. 507. 
 when, taken away. Defendant refusing to obey decree for, committed for 
 
 contempt, 4 H. & M. 507. 
 when, allowed. To what wife is entitled as, 4 H. & M. 507 ; 4 R. 662. 
 decree may be made against attorney collecting, when, 1 Rob. 648. 
 refused in these cases, why, 22 G. 168 ; 30 G. 307 ; 31 G. 13. 
 principles on which, allowed or refused, 31 G. 13. / 
 
 to what, wife entitled when husband dies' pending appeal from decree 
 
 allowing it, 31 G. 283. 
 principles of fixing, in case of divorce a mensa, &;c., 21 G. 43. 
 AMENDMENT. 
 
 if one party is allowed to amend, other party can plead de novo, 1 W. 365 ; 
 
 4 C. 225. 
 
 considered by court as made if proper to allow it to be made, 2 "W, 203. 
 the power of, extends to General Court and to motions as well as actions, 
 
 5 R. 546. 
 
 gusere whether omission of clerk of Court of Appeals to enter an order 
 
 may be corrected at a subsequent term, 7 L. 267. 
 court cannot amend record alter term at which j udgment was rendered 4 
 
 R. 161 ; 2 V. C. 527 ; 1 H. & M. 25. 
 allowed to plea on payment of costs ; refusal to allow, appealed from, 1 W 
 
 313. 
 when declaration may be amended by the writ, 2 W. 203. 
 
AMENDMENT. 19 
 
 AMENDMENT, Continued. 
 to return pn writ of ad quod damnum allowed at any time before judgment, 
 
 4 M. 535 ; see 1 C. 18 ; 1 M. 269. 
 if, to plea not made after Icive given, issue on former plea should be tried, 
 
 2 C. 1. 
 when, allowed to plea after verdict, 2 C. 527. 
 
 to declaration allowed after a trial and withdrawal of a juror, 3 C. 522. 
 to declaration may be made during trial. Effect of, 4 C. 225. 
 when, to declaration allowed on trial of issue of nul tiel record, 5 C. 529. 
 to judgment cannot be made after term at which it was entered, 4 R. 161 ; 
 
 1 H. & M. 25, 
 when personal representative allowed to amend plea at any time before 
 
 trial, 1 H. & M. 27. 
 when clerical error in judgment amended at a subsec^uent term, 4 L. 308. 
 after issue joined on plea to the action, writ is part of the record fof pur- 
 pose of, only, 2 M. 297. 
 judgment entered as of rules only and not as of last day of term may be 
 
 amended, 1 M. 56. 
 error of clerk as to interest amended at next term, when, 5 E. 546. 
 on, of declaration by consent defendant cannot plead a variance between it 
 
 and the writ, 1 M. 284 ; 3 M. 159. 
 when after, to declaration demurrer presumed to be abandoned and pleas 
 
 treated as filed to amended declaration, 3 R. 448 ; 7 L. 147. 
 proceedings after case sent back to rules for, to declaration, 10 L. 578. 
 when and on what terms, to replication allowed, 4 M. 205; 2 V. C. 501. 
 when sheriff allowed to amend return to one writ but not another, 5 M. 
 
 407. 
 to a return by sheriff allowed seven years after its date, 6 M. 181. 
 when, to a return and declaration both allowed, 4 L. 590. 
 error of name of slave in verdict amended by reference to deblaration, 4 M. 
 
 145;see2M. 479, 539. 
 to return on execution allowed after suit on sheriffs bond, 4 G. 99. 
 cause remanded to lower court for, to declaration, 5 G. 179. 
 of pleadings allowed on return of cause from appellate court, 5 G. 24. 
 what error as to sum in declaration and judgment not amendable, 5 G. 
 
 137., 
 how erroneous judgment by default against executor corrected, 7 G. 300. 
 what, to replication allowed in this case, 7 G. 385. 
 when sheriff allowed to amend return on an execution in vacation, 18 G. 
 
 13. 
 order committing estate amended by an order nuncpro tunc, 17 G. 490. 
 what variance between pleadings and proof may be cured by, 24 G. 325. 
 when and how, declaration on policy of insurance amended, 24 G. 536. 
 rules for, of answers, 4 H. & M. 405. 
 answer of infant may be amended on motion when he comes of age, 4 H. & 
 
 M. 477. 
 when after issuejoined, to answer and plea of statute of limitations allowed, 
 
 5M.308; 2 G. 502, 
 
20 AMENDMENT— ANSWER. 
 
 AMENDMENT, Continued. 
 
 to Mil allowed after special demuraer on payment of costs, 4 H. & M, 475, 
 
 when, to bill not allowed, but supplemental bill may be offered, 4H. & M. 
 489. 
 
 as to right to amend bill after cause set for hearing, qusere, 3 M. 103. 
 
 when executor may amend bill against the estate of his testator, 3 M. 22'2. 
 
 when, to bill allowed after answer filed, 4 E. 95. 
 
 when decree may be amended on motion or by a bill of review, 3 M. 29. 
 
 when a decree will be amended and afiirmed, 1 Kob. 287. 
 
 rule in equity as to allowing amendments, 3G G. 207. 
 
 when, of information by comnaonwealth's attorney not allowed, 4 G. 554. 
 
 indictment for a misdemeanor cannot be amended by striking out wrong 
 name, 5G. 694. 
 
 record omitting name of one of the parties cannot be amended at a subse- 
 quent term, 6 G. 665. 
 
 when, of information for perjury allowed, 6G. 699. 
 
 court cannot alter name on record so as to make it conform to theindiotment, 
 8 G. 589. 
 
 quiereif Codeof 1849 ch. 181 ?5 applies to records in cases of felony, 11 G. 
 822. 
 
 what, authorized by Code 1849 ch. 181, 11 G. 822. 
 AMICUS CUEI^. 
 
 cannot appeal or move to quash unless he has, or represents, an interest, 3 
 C. 284. ' 
 
 ANNUITY. 
 
 when, extinguished in equity, 1 "W. 142. 
 
 what decree against purchasers of land encumbered by a mortgage to secure 
 an, should provide, 6 M. 520. 
 
 an, is a legacy charged on the whol e estate not specifically devised, Gil. 174. 
 
 held vested at testator's death and not contingent. Will giving, construed, 
 10L.79. 
 
 when interest not allowed on arrears of an, 5 G. 259. 
 
 when land on which, is a charge decreed to be sold without noticing a pen- 
 dente lite purchaser, 5G.259. 
 ANSWEE ; lee Equity. 
 
 not outweighed by testimony of one witness, 1 W. 389. 
 
 of corporation, garnishee, should be under its seal, 12 G. 655, 
 
 when, not set aside by proof of loose conversation, 3 C. 502. 
 
 must be contradicted by two witnesses or one witness and sttrong circum- 
 stances, 5 C. 537. 
 
 what evidence will not outweigh, denying fact stated in bill, 1 H. & M. 
 536. 
 
 containing impertinent or scandalous matter referred to a commissioner to 
 have it expunged, 4 H. & M. 414. 
 
 when, may be filed after a decree on the bill -taken for confessed, 32 G. 48. 
 
 when absent defendant filing, must secure or pay costs, 4 H. & M. 439. 
 
 when, can be filed only on condition that trial not delayed, 4 H. & M. -184. 
 
ANSWEE. 21 
 
 ANSWER, Continued. 
 in name of one of three executors not taken as their joint, 1 M. 63. 
 when, filed on payment of costs incurred before commissioner, 4 it. & M. 505. 
 defence of purchaser for vahiable consideration may be by, 7 L. 393. 
 statements in, not responsive to bill, must be proved, 6 Gr. 246. 
 demurrer to bill being overruled, defendant may file any sufficient, 1 (i. 
 
 108. 
 when account filed as exhibit with, is evidence, 1 G. 526. 
 defendant may at same time demur and, to same matter in bill, 7 L. 402. 
 what statements treated as an, 23 G. 342. 
 amended in order to allow plea of act of limitations, 2 G. 502. 
 effect of bringing case on to be heard without a replication to the, 25 G. 
 
 246. 
 can be filed at any time before final decree, 6 G. 78 ; 9 6. 389. 
 what statements in, will not affect its denials, 22 G. 177. 
 when demurrer overruled, defendant not given two months to file, 6 G. 174. 
 mode of pointing out, in an exception, omission in, 9 G. 131. 
 when, of trustee protects cestui que trust, 11 G. 552. 
 when, to a discovery called for by bill taken to be true, 28 G. 657. 
 when invalidity of award relied on in bill may be set up in the, 27 G. 571. 
 considered true when case heard on bill and answer, 1 W. 162. 
 not evidence for defendant as to affirmative facts, 1 W. 224. 
 when, of assignor of claim evidence against assignee in suit against third 
 
 person, 7 G. 476. . 
 
 of one defendant not evidence against another, 1 "W. 389. 
 if contradicted by evidence is deprived of usual weight, 1 C. 190. 
 if responsive to bill, is conclusive unless disproved, 1 C. 224. 
 when discovery is sought by bill, is entitled to credit, 1 C. 280. 
 if, deny allegations of bill and they are not proved, bill should be dismissed, 
 
 1 C. 382. 
 
 what necessary to overthrow an, 3 C. 44; 5 C. 537 ; 2 Eob. 719. 
 
 when, to a bill of review not evidence, 4 M. 66. 
 
 what wOl outweigh an evasive, 5 M. 183. 
 
 when statement of clerk in record as to, not regarded, 5 M. 467. 
 
 omission of replication to an, admits all its allegations, 5 M. 467. 
 
 as to admissibility of, as evidence on issue of devisavilvel non, 11 L. 393. 
 
 when, taken to be true, 2 Eob. 719. 
 
 when, read as the testimony of a witness, 6 G. 427. 
 
 what allegation in bill insufficient to make, evidence, 9 G. 277. 
 
 effect of admissions in, 1 W. 172. 
 
 when plaintiff cannot avail himself on the trial of an implied admission in, 
 
 2 H. & M. 17. 
 
 denying part of plaintiff's claim is admission of residue, 2 H. & M. 19 ; 2 
 M. 298. 
 
 accounts mentioned in, should beJTproduced, or iaterrogatories as to them 
 answered, 2 M. 105. 
 
 what statement in, no admission by assignee of bond of notice of its con- 
 sideration, 2 M. 387. 
 
22 ' ANSWER— APPEAL. / 
 
 ANSWER, Continued. 
 allegation of bill not denied by, taken to be true, 5 M. 86 ; 4 R. 454. 
 defendant cannot give evidence varying from admissions in, 6 R. 764. 
 vcheu allegations of payment not denied by, must be proved, 5 L. 426. 
 when, of one joint partner in name of both sufficient, 2 H. & M. 575. 
 when, insufficient. Cannot be excepted to for insufficiency after replication, 
 
 4R.454. 
 matter in, but not in bill, cannot justify decree for plaintiff, 5 L. 132. 
 paper not properly certified not an, nor evidence after defendant's death, 7 
 
 L. 271. ' 
 
 usury relied on to defeat plaintiff's claim held well made in, 8 L. 330. 
 of infant by guardian ad litem cannot be read against him, 1 Rob. 499. 
 when, to a bill of discovery sufficient, 1 G. 108. 
 when, taken to be true. What amount of evidence necessary to disprove it, 
 
 28 G. 657. 
 when, of husband not evidence for wife in suit to subject her separate estate 
 
 to payment of a debt, 33 G. 377. 
 how far, of vrife evidence in such case, 33 G. 377. 
 
 not referring to commissioner's report is not regarded as an exception there- 
 to, 33 G. 451. 
 decree not reversed because court allowed a, plea to be filed to an, 33 G. 451. 
 to specific interrogatories in the bill is evidence for defendant, 33 G. 567. 
 error to decree sale of infant's lands wit^iout an, by guardian ad litem, 33 G. 
 
 548. 
 writing found among papers in cause but not appearing to have been filed 
 
 not treated as an, 33 G. 548. 
 APPEAL ; lee Abatement ; Appeal Bond ; Appellate Cowt. 
 
 1. In Gbnbeal. 
 
 2. Will lie. 
 
 3. Will not lie. 
 
 4. Proceedings on. 
 1, In Geneeal : 
 
 damages not allowed on costs when judgment as to reversed, 1 W. 10. 
 if, revived by executor, damages should not be against his estate, 1 W. 74. 
 when error is for benefit of party he cannot object, 1 W. 87 ; 2 C. 514 ; 5 L. 
 
 109. 
 quxre if, lies from decree dissolving injunction with costs, 2 W. 200. 
 when appellate court will presume matter to sustain lower court, 1 C. 495, 
 when power of court of chancery over, ceases, 2 C. 198. 
 when fifteen jser cent, allowed sheriff who appealed, 2 C. 208. 
 when assumpsit lies on promise to pay debt if, is dismissed, 2 C. 209. 
 when tender ceni. allowed on, from decree on forthcoming bond, 3 C. 86. 
 may be redooketed at subsequent term if dismissed by surprise, 3 C. 221, 
 
 232 ; 1 H. & M. 21, 239, 339. 
 how judgment on erroneous record corrected, 3 C. 230. 
 when reasons of lower court presumed satisfactory, 3 C. 382. 
 when executors need not give security on obtaining an, 1 H. & M, 15. 
 
APPEAL. 23 
 
 APPEAL, In Geneeal, Continued. 
 appellee has a right to bring up the record, 1 H. & M. 21, 
 when on joint, by legatees and executors, former must give security, 1 H. & 
 
 M. 26. 
 it is immaterial though term mentioned in declaration in ejectment expired 
 
 before decision of, 1 H. & M. 177. 
 execution of decree by sheriff before record is carried up not contempt, 1 
 
 H. & M. 210. 
 when remedy is a certioruri from the General Court, 1 H. & M. 413. 
 qiisere whether, lies from decree final as to one defendant, when case is con- 
 tinued as to others, 6 M. 328. 
 to what cases the right of, from facts is confined, 1 E. 464. 
 injunction cannot be perpetuated by consent to allow an, 3 M. 75. 
 quxre had Court of Appeals jurisdiction to allow, in this case, 16 G. 561. 
 who can complain of decree against executor de bonis testatoris instead of de 
 
 bonis propriis, 13 G. 257. 
 when exception must be taken in order to take an, 15 G. 122. 
 supersedeas from order setting aside judgment and quashing execution, 15 
 
 G. 64. 
 when decree amended and affirmed, 15 G. 329 ; 19 G. 28; 20 G. 377 ; 21 G* 
 
 112, 521. 
 count bad for felony not good for a misdemeanor, 14 G. 687. 
 when decree affirmed in part and reversed in part, 15 G. 400. 
 meaning of words "matter in controversy" in fixing the right to, 33 G. 37. 
 when, by railroad company brings up claims under |500, 27 G. 777. 
 to what appeals act of January 20, 1804, as to damages, &c., does not apply, 2 
 
 H. & M. 395. 
 what damages not included in "matter in controversy" in order to give ju- 
 risdiction, 2 M. 542; see 33 G. 37. 
 damages not given on affirmation of decree dismissing bill, when, 6 M. 
 
 176. 
 petition for, presented in five years from date of judgment or decree is in 
 
 time, 4 G. 180 ; 7 G. 374. 
 judgment in proceedings for contempt only reversed by writ of error, 13 G. 
 
 40. 
 when failure to give appeal bond does not avoid, 4 G. 180. 
 if appeal bond not given in five years from judgment, is dismissed, 7 G. 374. 
 qusere^ias Court of Appeals jurisdiction if execution for $500 is levied on 
 
 slave worth more, 12 G. 363. 
 proviso of ch. 149 §19 Code 1849 does not extend to law as to appeals, 7 G. 
 
 374. 
 when either party may have, revived, 4 G. 150. 
 what necessary to entitle a person to, 20 G. 484. 
 when, in unlawful detainer cannot be revived, 4 G. 86. 
 when cause may be revived after it goes back to lower court, 7 G. 76. 
 when decree concludes all questions except one for which reversed, 5 G. 28. 
 gusere if, in this case was in time, 23 G. 857. 
 judge of circuit court can reduce amount of bond required, 24 G. 116. 
 
24 APPEAL. 
 
 APPEAL, Isr General, Continued. 
 limitation for presenting petition for, and of giving bond, 26 G. 36. 
 when too late to object that, was not taken in time, 26 G. 36. 
 dismissed because bond not given in time. What no waiver of bond, 26 G. 
 
 940. 
 stay law does not apply to appeals, 27 G. 417. 
 when, does not bring up former decree, 27 G. 922 ; 30 G. 255. 
 eflfect of, from county court under Code 1873 ch. 178 ?25, 31 G. 791. 
 if competent juror was set aside judgment reversed on, when, 10 G. 767. 
 when writ of error in criminal case awarded, when returnable, when heard, 
 , 10 G. 708. 
 2. Will lie : 
 when, to General Court allowable, J. 8. 
 
 from decision of motion to correct replevy bond or execution, 1 W. 303. 
 if demurrer to evidence improperly set aside and new trial granted, 2 C. 241. 
 justice may, from order of circuit court prohibiting him from tryinga viola^ 
 
 tion of a city ordinance, 12 G. 17. 
 from decision of auditor though legislsiture rejected claim, when, 3 C. 
 
 122. 
 from county court to High Court of Chancery after writ of execution was 
 
 executed, 4 C. 253. 
 if chancellor refuses bill of review showing just cause, &o, 5 C. 459. 
 when, from decision of m^otion to issue, or quash, an execution, 2 H. &■ M. 
 
 181. 
 if right of freehold or franchise is directly in controversy, 3 M. 202. 
 if judgment is against person not named in process, 4 M. 205. 
 when, and how, granted by chancellor from his own decree, 1 R. 413. 
 from chancellor's order overruling motion to dissolve injunction, 2 E. 247. 
 from judgment for plaintiff in action to try title to personal property worth 
 
 over $100, 3E.448. 
 when allowed on condition to give security after term at which judgment 
 
 taken, 4R, 460. 
 from order refusing leave to former slave to sue in forma pauperis, 4 R. 466. 
 from order of chancellor dissolving an injunction in court, 6 E. 194. 
 from judgment of superior court reversing county court and directing 
 
 other pleadings, 6 E. 349. 
 if no offence charged in presentment or indictment, 18 G. 915. 
 from judgment of circuit court overruling motion for execution on a forth- 
 coming bond, 1 L. 462. 
 from order of circuit court refusing to dissolve injunction, 2 Rob. 500. 
 when superior courts of chancery may grant, from interlocutory decree at a 
 
 subsequent term, 3 H. & M. 259. 
 after, to district court, person not a party in county court may become a 
 
 party and, 2 H. & M. 467. 
 any person- interested in executor's account may, 2 M. 242. 
 attorney in fact for creditor opposing grant of administration may, 4 M 
 
 403. 
 
APPEAL. 25 
 
 APPEAL, "Will lie, Coniinued. 
 by Chesapeake & Ohio Canal Co. from judgment on inquisition of damages, 
 
 2G. 511. 
 for want of necessary parties, 21 G. 706. 
 from judgment of circuit court imposing fine for obstructing the execution 
 
 of a decree, 21 G. 500. 
 of right from order of coimty court revoking power of personal represen- 
 tative, 3G.428. 
 when, in controversies concerning roads, 3 G. 312, 313 ; 27 G. 910. 
 fr-om order refusing to allow executor to qualify without security, 7 G. 36. 
 from a decree directing an issue, 9 G. 136. 
 from an order made in vacation, when, 13 G. 40, 375. 
 from refusal of circuit court to issue a mandamus, 11 G. 292. 
 if petition is presented within period of limitation, 22 G. 7t)9. 
 in a case of prohibition, when, 23 G. 51. 
 fr-om judgment of circuit court reversing county court, 25 g1 463, 467, 
 
 938. 
 though property not worth §500, debt claimed being more, 26 G. 112 ; see 
 
 33 G. 37. 
 by purchaser in vendor's name from decree subjecting land to mechanics' 
 
 Uens, 26 G. 447. 
 petition for, from interlocutory decree not barred, when, 26 G. 447. 
 what a filnal decree from which an, may be taken, 27 G. 417. 
 ; if claims in consolidated suits amount to $500, 27 G. 805, 
 to county court from decision of supervisors rejecting claim, 28 G. 526. 
 from decree on commissioner's report though it is recommitted, 28 G. 609. 
 from judgment of county court on a transferred warrant, 28 G. 787. 
 when a bankrupt has sufficient interest to entitle him to, 28 G. 850. 
 when free negro entitled to an, and if refused, to a mandamus, 11 G. 292. 
 if plaintiff's claim is not less than $500, 33 G. 37 ; see 32 G. 288. 
 3. Will not lie : 
 by defendant if mode of finding verdict benefits him, 1 "W. 6; 1 C.567. 
 if plaintiff submits to a nonsuit he cannot, 1 W. 138. 
 from a decree directing partition, 2 W. 300. 
 from interlocutory decree of High Court of Chancery, 1 0. 54, 55. 
 amicus curix cannot, 2 C. 284. 
 
 by plaintiff if writ for more than £30 and verdict for less, 2 C. 497. 
 to Court of Appeals from a judgment for a misdemeanor, 3 C. 461. 
 from Court of Admiralty on an interlocutory decree, 4 C. 127. 
 from order of county or corporation court biading apprentices, 1 H. & M. 
 
 413. 
 from order refusing a bill of review, when, 1 H. & M. 553. 
 from dismission of bill of injunction under Act of Assembly, when, 2 H. 
 
 & M. 16. 
 if judgment is for less than $100, though declaration for more, 2 M. 541 ; 
 
 3 M. 136. 
 if judgment is for less than $100, though damages on afiirmance make it 
 
 more, 2 M. 542. 
 
 4 
 
26 APPEAL. 
 
 APPEAL, Will not lie, Continued. 
 from judgment in favor of all the defendants save one, until suit abated, 
 
 dismissed or decided as to that one, when, 3 M. 458. 
 where damages less than $100, though right to build mill is in question, 5 
 
 M. 276. 
 from refusal of court to enter judgment on award without deciding con- 
 troversy, 5 M. 493. 
 from chancery court because appellant improperly decreed to pay cpsts, 3 
 
 R. 165. 
 on condition to give security after term at which judgment taken, when, . 
 
 4 R. 460. 
 from interlocutory decree in chancery, when, 1 L. 34 ; 2 P. & H. 8. 
 to circuit court from judgment of justice for less than $33.33, afdrmed by 
 
 county court, 2 L. 707. 
 to circuit court from refusal of county court to admit instrument of 
 
 emancipation to record, 2 L. 762. 
 from order of county court displacing or appointing a guardian, when, 4 
 
 L. 584. 
 judge cannot grant an, in vacation, 2 H. & M. 12. 
 from decree foreclosing mortgage and appointing commissioners to sell, 2 
 
 H. & M. 557, 595. 
 from order reinstating inj unction and directing new trial of issue at law, 2 
 
 H. & M. 615. 
 Court of Appeals cannot grant an, from an interlocutory decree, 2 M. 310. 
 under ?3 act Jan. 20, 1804, from order dissolving injunction, when, 3 M. 
 
 88. 
 when application for suspension of decree was not made under ch. 25, ?4, 
 
 act 1827-8, 1L.34. 
 to Court of Appeals if tax on merchant is less than $500, 21 G. 511. 
 from decree, on a commissioned report not returned for legal period, 13 6. 
 
 235. 
 errors in details of a decree for an account no ground for an, 13 G. 653. 
 from an award unless it is made the judgment of the court, 21 G. 579. 
 because verdict in ejectment is for whole land claimed, when, 13 G. 587. 
 because cause was decided without passing on unfounded exceptions, 14 G. 
 
 102. 
 because decree directs married woman to convey with general warranty, 12 
 
 G. 98. 
 when notice of motion to amend decree was insufficient, 21 G. 263. 
 because court refused to compel plaintiff to join in a demurrer to evidence, 
 
 15 G. 501. 
 though court construed statute which jury should have construed, 17 G. 47. 
 because of admission of copy of a paper, 18 G. 624. 
 because verdict failed to scale war debt, 21 G. 1. 
 when, dismissed as improvidently awarded, 12 G. 479; 16 G. 134 ; 17 G. 15 ; 
 
 21 G. 107. 
 dismissed, decree having been sot aside in lower court on application of ab- 
 sent defendant, when, 18 G. 53. 
 
APPEAL. 27 
 
 APPEAL, Will not lie, Continued. 
 
 court will not review judgment if bUl of exceptions state no facts or evi- 
 dence, 15 G. 122. 
 
 when appellate court cannot review a judgment, .21 G-. 382., 
 
 failure of court to pass on defective pleas no ground of, 17 G. 472. 
 
 because of erroneous instruction, when, 12 G. 153. 
 
 when judgment not reversed though instruction erroneous, 24 G. 536. 
 
 if plaintiff's claim is not less than |500, 33 G. 37 ; see 32 G. 288. 
 
 by defendant ordered to pay costs but who has no right to subject of con- 
 troversy, 2 M. 277. 
 
 in controversy concerning road, when, 3 G. 312, 313. 
 
 mode in which exception points out omission in answer not subject of, 9 G. 
 131. 
 
 for disregard by circuit court of its own rule, 9 G. 379. 
 
 from a decree by default, when, 23 G. 21. 
 
 limitation as to presenting a petition for, 23 G. 542. 
 
 by judgment creditor whose claim less than $500, when, 25 G. 167. 
 
 when if debt of one appellant is under $500, dismissed as to him, 25 G. 
 246. 
 
 by debtor from decree declaring deeds made by him void, when, 30 G. 515. 
 
 in criminal case or prosecution under penal laws when the Commonwealth 
 
 is plaintiff, IT.C. 125. 
 
 4. Pboceedings on : 
 judgment on, should be such as lower court should have given, 1 W. 135 ; 
 
 2C.495; 2H. &M. 308; 3M.115. 
 cause abated by death should be revived by sci./o., 1 W. 154. 
 how judgment on an, against executor should be entered, 1 W. 204. 
 plaintiffs in error both dying, sci.fa. must be in names of executors, 1 W. 
 
 322. 
 what record should state on, from order giving leave to build a mill, 2 W. 
 
 36. 
 when superior court of chancery may direct an issue to be tried in any 
 
 court, 2 W. 36. 
 when motion to dismiss, must be made before record is opened, 2 W. 75. 
 on an, notice to take depositions should appear by the record to have been 
 
 given, 2 W. 75. 
 what party desiring to, on a point of law must do, 1 C. 105. 
 judgment will be afi^rmed if record shows it substantially right, 1 C. 127. 
 judgment will be reversed if bill of exceptions state facts imperfectly, 1 C. 
 
 215. 
 when, dismissed on motion after two terms of Court of Appeals, 1 C. 241 ; 
 
 1 H. & M. 21, 239, 339. 
 court will look at the whole record and give proper judgment, 1 C. 257. 
 when sci.fa. does not lie against sergeant to revive an, 2 C. 357. 
 when, if lower courts agree and witnesses divided, judgment in a mill case 
 
 wiUbeafarmed, 2C.507. 
 if judges equally divided as to part of a decree, that part, is a£Sxmed, 3 C. 
 
 122 ; 5 C. 107. 
 
28 APPEAL. 
 
 APPEAL, Pboceedings on, Continued. 
 when superior court of chancery may hear an, and certiorai-j together, 4 C. 
 
 489. 
 when deposition filed after an, received in Court of Appeals, 5 C. 331. 
 when district court should on a second, retain case for trial, 6 C. 16. 
 new parties may be admitted after cause is remanded to chancery court, 1 
 
 H. & M. 12. 
 may be determined in district court at term to which record is brought 
 
 up, 1 H. & M. 21, 339. 
 if, in chancery case is to he tried at first term, notice should he given, 1 H. 
 
 & M. 22. 
 when case will be heard out of term, 1 H. & M. 176. 
 
 maybe taken up out of term by appellee and error confessed, 1 H. & M. 211. 
 when case taken up out of its term as a delay case, 1 H. & M. 374. 
 how much of cause is before court on, from interlocutory decree, 2 L. 377. 
 when interlocutory decree as to executors corrected, 3 L. 407. 
 when decree aflSrmed and case remanded with direction to correct error, 10 
 
 L. 93. 
 when decree against administrator personally, set aside on his appeal 
 
 though infant heirs did not join in it, 1 Eob. 20. 
 how defendant in error can avail himself of matters not part of record, 2 
 
 H. & M. 268. 
 if clerk of Court of Appeals omit to enter order setting aside a judgment, 
 
 court may do it at subsequent term, 3 H. & M. 449. 
 when court will give directions about evidence excluded at trial, 4 H. & M. 
 
 266. 
 when party must elect to depend on an, pending, or to sue in equity, 4 H. 
 
 & M. 415. 
 one executor may proceed on an, dismissed by the other. Summons not 
 
 necessary to make order of severance, 4 H. & M. 283. 
 when restitution of slaves taken possession of pending the suit, decreed, 4 
 
 H. & M. 452. 
 when, will not lose its place on the docket, 2 M. 304. 
 when court will direct that if amount recovered by appellee is paid it shall 
 
 be refunded with interest, 3 M. 229. 
 when court may order thing done for which alone it would not have re- 
 manded the cause, 3 M. 317. 
 error in previous proceedings noticed on, from order refusing to dissolve an 
 
 injunction, 2R 247. 
 first judgment of county court may he affirmed and subsequent one re- 
 versed, 3E. 94. 
 executor should give security on, from decree in favor of legatees and dis- 
 tributees, 3 R. 479 ; see 1 E. 393; 3 E. 1. 
 When propriety of first judgment may be inquired into on a second, 4 E. 
 
 386, 
 what security party appealing from order dissolving injunction required to 
 
 give, 4 R 564. 
 
 reversed as to party appealing, but not as to party not appealing, 
 
APPEAL. 29 
 
 APPEAL, Peoceedings on, Continued. 
 
 though court had no jurisdiction to decree against latter, 2 L. 84. 
 
 bill dismissed though, w.is by one defendant only, 2 L 401. 
 
 ■when objection to vendor's title cannot be first heard in Court of Ap- 
 peals, 3 L. 619. 
 
 will held good on, though record did not show its execution or attestation, 
 3 L. 523 
 
 appellant cannot complain of errors beneficial to himself, 5 L. 109. 
 
 when objection not made below not regarded on, 6 L. 85 ; 10 L.186; 1 G. 96. 
 
 effect on, of not having excepted to commissioner's report, 6 L. 504 ; 7 L. 
 412. 
 
 from supplemental bill brings up proceedings on the original bill, 11 L. 136 
 
 not error to exclude evidence in support of a bad plea, 11 L. 261. 
 
 when bill in one cause treated as cross bill and answer in another, 1 G. 526. 
 
 when exceptions to a recommitted report considered waived, 2 G. 116. 
 
 if rejection of plea is not excepted to it cannot be considered on, 2 G. 193. 
 
 when declaration presumed sufficient and exceptions to it cannot be taken 
 on an, 4 H. & M. 200. 
 
 when reasons for setting aside verdict presumed sufficient, 3 M. 226 
 
 when it is presumed on, that matters dehors the record sustained lower court, 
 
 I C. 49.5. 
 
 depositions presumed regularly taken if not objected to below, 2 G. 216. 
 if wrong reason is given but judgment is right it should be affirmed, 1 M. 
 
 555. 
 omission of lower court to order bill dismissed supplied on, 2 M. 43. 
 on affirming decree any necessary explanation will be added, 3 M. 243. 
 what a final decree as to manumission of slaves, 4 L. 163. 
 when decree not reversed because interest on interest is given, 9 L. 484. 
 judgment for defendant on demurrer to his pleas to first count in declaration 
 
 and on verdict on second count good, though demurrer should not have 
 
 been overruled, 11 L. 203. 
 decree right as to all parties affirmed without considering questions between 
 
 appellees, 11 L. 309. 
 when want of proper parties no ground for reversing decree dismissing bill, 
 
 II L. 393. . 
 
 decree corrected and affirmed with costs to party substantially prevailing, 
 12 L. 573 
 
 case of decree affirmed to save delay and expense, 2 Rob. 39. 
 
 when decree against distributees not reversed because administration ac- 
 count not taken, 1 G. 96 
 
 too late to object that suit was not revived in lower court against represen- 
 tatives of deceased executor, 2 G. 116. 
 
 judgment not reversed because evidence which did not influence verdict 
 was admitted, 2 H. & M. 550 ; 9 G. 68. 
 
 what not a final 'judgment of district court. When judgment of county 
 court affirmed, 3 H. & M. 237. 
 
 decree against partnership reversed for defect of proof. Case dismissed 
 save as to one partner, 12 L. 32. 
 
30 APPEAL. 
 
 APPEAL, Peoceedinqs on, Continued. 
 reversal of decree against partnership not set aside for death of a party 
 
 before the hearing, 12 L. 32. 
 if no judgment given on a, demurrer which should have been sustained, 
 
 but there is verdict and judgment forplaintifif, latter reversed, 1 Eob. 265. 
 decree against sureties reversed on, of one only, but not as to administrator 
 
 who did not, 2 Eob. 492. 
 when judgment on sci. fa. against bail reversed and proper judgment en- 
 tered, 2 G. 193. 
 decree reversed for want of proper parties though not objected to below, 2 
 
 G. 44. 
 when by mistake of clerk judgment is not entered an, from it should be 
 
 dismissed, 2 H. & M. 542. 
 dismissed five years after it was docketed, having been improperly granted, 
 
 1 M. 160. 
 dismissed for failure to prosecute, not reinstated without notice to other 
 
 party, 4 M. 299 ; see 3 C. 269. 
 what, from order granting admipistration of an estate is premature, 4 M. 
 
 403. 
 when dismissed by appellee because record not brought up in time, 2 R. 
 
 190. 
 dismissed as to party in whose name taken without his knowledge, 4 E. 611. 
 when, taken prior to act Feb., 1825, not reinstated, nor new, allowed, 5 
 
 L.80. 
 dismissed for .want of jurisdiction on account of amount in controversy, 7 
 
 L. 331. 
 error on face of commissioner's report corrected though not excepted to, 1 
 
 G. 431. 
 when case sent back for proof of due execution of a will, 1 G. 161. 
 objection to deposition not noticed unless grounds stated in exception, 2 
 
 G. 344. 
 when objection to decree directing payment to administrator d. h. n. by 
 
 representative of first administrator not heard, 4 G. 294. 
 when decree reversed to allow plaintiff to make necessary parties, when 
 
 not, 3 G. 4. 
 
 decree not reversed because of instruction on immaterial point, 3 G. 121 . 
 
 plaintiffs below who, cannot allege cause not properly matured, 4 G. 270. 
 
 when personal representative of administrator cannot complain of irregu- 
 larity in decree, 4 G. 293. 
 
 in joint action of trespass what error defendants cannot complain of, but 
 plaintiff may, 5 G. 90. 
 
 principles of interlocutory decree, not informalities of form, considered on 
 5G.345. I 
 
 when failure to file copies of judgment, &c., no ground for reversing decree 
 5G.84. • 
 
 when instructions given at first trial considered on, from second trial 5 G 
 90. 
 
APPEAL. 31 
 
 APPEAL, Proceedings on, Continued. 
 
 what considered when exception states the evidence. When judgment re- 
 versed, 5 G. 141 ; 6 G. 197, 287. 
 
 judgment reversed and judgment given against endorser as an original 
 surety, when, 7 G. 189. 
 
 when rejection of plea no ground for reversal if verdict negatives facts stated 
 in it, 7G. 310. 
 
 interlocutory decree not reversed hecause not against absent defendant, 8 
 G. 104. 
 
 what no cause for reversing a decree right upon the merits, 8 G. 48. 
 
 irregularities which do not injure appellant no cause for reversing decree, 8 
 G. 289. 
 
 if error is clerical, judgment will be amended and affirmed, 9 G. 64. 
 
 when, if plaintiff sues in vfrong character, bill sent back to be amended, 9 
 G.273. 
 
 if admission of improper evidence not irgurious, judgment not reversed, 9 
 G.68. 
 
 admission of improper plea is error Whether iiyurious or not, 9 G. 485. 
 
 part of decree reversed and cause remanded in this case, 9 G. 109. 
 
 judgment reversed if instruction given on abstract questions which might 
 mislead the jury, 10 G. 236. 
 
 when on, by one joint defendant decree reversed as to both, 10 G. 246. 
 
 when admission of improper evidence uo<»use for, 10 G. 1; 11 Gr. 260. 
 
 instruction or decision which could not be injurious no cause for, 11 G. 87, 
 587. 
 
 improper evidence admitted on immaterial issue no ground for reversing 
 judgment, 11 G. 190. 
 
 order requiring personal representative to give other security should be di- 
 rectory, 3 G. 428. 
 
 to prevent surprise decree wiU be reversed and sent back, 3 G. 354. 
 
 damages given on affirming decree which does not bear interest, 4 G. 1. 
 
 how, brought into appellate court dismissed, 4 G. 180. 
 
 on motion to quash, the writ and inquisition part of the record, when, 5 G. 
 1. 
 
 obj ection that decree of partition is not recorded cannot be first made in ap- 
 pellate court, 5 G. 157. 
 
 what error on face of the record corrected by appellate court, 5 G. 384. 
 
 when question not considered, the evidence being uncertain, 6 G. 197, 287 ; 
 5 G. 141. 
 
 what considered by court when bill of exceptions states facts which the evi- 
 dence tends to prove, 6 G. 219. 
 
 if instruction is erroneous a new trial must be awarded, 6 G. 277. 
 
 when court affirming part of judgment vnll give costs to appellee, 6 G. 207. 
 
 when too late to object for want of proof of making or endorsing bill of 
 exchange, 6 G. 363. 
 
 an, in one of two suits which are heard together brings up both, 6 G. 363. 
 
 what is the judicial notice taken of private and local laws relied on below, 
 7G.205. 
 
32 APPEAL. 
 
 APPEAL, Peoceedings on, Chnlinued. 
 dismissed on appellee's motion as improperly obtained, 8 G. 229. 
 when absence of material witness in lower court no ground of complaint, 
 
 9 G. 94. 
 what sufficient evidence on motion against deputy sheriff and his sureties, 
 
 9 G. 323. 
 
 when circuit court should render judgment and not send cause back, 9 G. 
 
 139. 
 when cause sent back with leave to amend declaration, 9 G. 474 ; 11 G. 
 
 300. 
 if demurrer to count sustained and plaintiff amends, he cannot object in 
 
 appellate court to the decision on the demurrer, 9 G. 485. 
 when no damages allowed on afftrming a judgment, 9 G. 247. 
 what sufficient proof in appellate court of demand for payment, 9 G. 142. 
 when decree amended and affirmed, 9 G. 503, 704. 
 when one bill of exceptions looked to in considering questions raised by 
 
 another, 9 G. 649. 
 how party complaining of admission of improper evidence must state facts, 
 
 10 G. 1. 
 
 when too late to object to report of viewers of a road, 10 G. 12. 
 
 when objection to affidavit of witness cannot be fijrst made in appellate 
 court, 10 G. 557. 
 
 when appellate court will not decide whether lower court was right or 
 wrong, 11 G. 300. 
 
 what not sufScient to authorise appellate court to infer possession of slaves 
 by donee, 3 G. 1 
 
 when curatrix presumed to have been appointed under, 1 R. C. ch. 104, 
 ?42, 4 G. 257. 
 
 exception must show relevancy of testimony excluded, or judgment pre- 
 sumed correct, 4 G. 270. 
 
 when commissioner'sreport presumed to have been made by proper author- 
 ity, 5 G. 384. 
 
 what presumed in appellate court, verdict being in favor of will, 6 G. 57. 
 
 when county court presumed to have dispensed with act of 1835 as to 
 roads, 6 G. 138. 
 
 when sci.fa. to revive suit presumed regular, 8 G. 578. 
 
 when judgment of lower courts giving leave to build dam presumed right, 
 9 G. 94. 
 
 jurisdiction of lower courts presumed unless face of record shows other- 
 wise, 9 G. 323. 
 
 when wife of intestate presumed dead by appellate court, 9 G. 531. 
 
 when order of publication presumed to have been properly made, 10 G. 284, 
 
 when facts found by verdict regarded as established, 11 G. 182. 
 
 if judges equally divided it settles principles involved in decree of lower 
 court, 5 G. 259. 
 
 dismissed because allowed before return of surveyor's report, 22 G. 323. 
 
 what brought up by an, from decree refusing to allow a bill of review to be 
 filed, 22 G. 769. 
 
APPEAL. 33 
 
 APPEAL, Peoceedings on, Continued. 
 when, dismissed or decree corrected and affirmed with costs to appellee, 23 
 
 G. 652. 
 award presumed to have been entered at proper term of lower court, 23 G. 
 
 871. 
 decree will not he reversed at instance of person not interested in the 
 
 property involved in the suit, 2 P. & H. 53. 
 when decree not reversed because party required to go to trial, 12 G. 312. 
 when court will reverse judgment in case of murder or manslaughter, when 
 
 not, 12 G. 717. 
 judgment not reversed because jury did not view premises, 14 G. 447. 
 judgment not reversed because continuance refused, 17 G. 627 ; 33 G. 443. 
 judgment not reversed because vfitness twice examined, 17 G. 187. ^ 
 
 how qirestion of usury passed on in appellate court, 17 G. 21. 
 court presumes commissioner regularly adjourned taking of accounts, 18 
 
 G. 364. 
 court will reverse error made against appellee, 18 G. 708. 
 case considered as on a demurrer to evidence, when, 18 G. 842. 
 any good cause for arresting judgment is good cause for reversing it, 18 G 
 
 989. 
 decree not reversed because no answer filed, 18 G. 526. 
 weight of verdict and judgment below, 19 G. 354. 
 when court may examine endorsement on indictment, 19 G. 640. 
 objection in partition suit that matter was not referred to a commissioner 
 
 cannot be first made in appellate court, 20 G. 1. 
 when, by one brings up claims of others, when not, 21 G. 636. 
 judgment not reversed for error in introducing evidence if case was tried 
 
 by the court, 21 G. 158. 
 decree reversed for want of jurisdiction though no such objection made, 21 
 
 G. 356. 
 judgment not reversed though process not served, 21 G. 382. 
 when party appealing may object to sufficiency of presentment, 13 G. 785. 
 when Court of Appeals will direct certiorari for a better record, 14 G. 652. 
 what no cause for reversing judgment in a criminal case, 14 G. 652. 
 when appellant cannot object that suit was not properly revived, 15 G. 329. 
 garnishee cannot first object to irregularities in attachment, in appellate 
 
 court, 15 G. 329. 
 judgment not reversed for failure of plea of statute of limitations to 
 
 specify act relied on, 15 G 487. 
 judgment below presumed correct, when, 15 G. 551. 
 error on face of venire facias may be taken advantage of on, 16 G. 530. 
 judgment not reversed if there is no exception, when, 17 G. 427. 
 decree not reversed for want of formal party, 1 8 G. 53. 
 want of trustee as a party cannot be first objected to in appellate court, 
 
 when, 19 G. 720. 
 objection for want of joinder of issue cannot be first made in appellate 
 
 court, 20 G. 344. 
 notice of accounts and depositions presumed, when, 19 G. 1 ; 21 G. 263. 
 
 6 
 
34 APPEAL. 
 
 APPEAL, Peoceedings on, Continued. 
 commissioner's reporj; presumed to have been properly returned, 21 G. 263. 
 objection to parties on the record considered waived, when, 21 G. 712. 
 decree not reversed though plaintiff's interest not stated in the bill, 21 G. 
 
 263. 
 objections in road case cannot be first made in appellate court, when, 21' 
 
 G. 164. 
 how court treats bill of exceptions which states evidence and not facts, 13 
 
 G. 587; 14 G. 613; 20 G. 439. 
 secondary evidence cannot be firstobjected to in appellate court, 15 G.256. 
 exceptions to depositions considered waived, 17 G. 47. 
 if case is tried by court below judgment not reversed unless plainly wrong, 
 
 17 G. 445. 
 evidence a part of the record though there was no exception, when, 17 G. 
 
 445. 
 when evidence and not facts should be stated on the record, 17 G. 445. 
 principles as to reversing judgment in criminal cases, 17 G, 561; 18 G. 
 
 983. 
 genuineness of order for money cannot be first questioned on, 18 G. 53. 
 judgment reversed because instruction calculated to mislead jury, 18 G.53. 
 when rule to speed cause made on appellants, 17 G. 109. 
 if issue out of chancery improperly directed, court will correct it, 20 G. 
 
 147. 
 as to hearing case when prisoner has escaped and is at large, 20 G. 716. 
 amount of damages corrected and decree affirmed, 13 G. 454. 
 judgment on demuiTer reversed, cause sent back with leave to plaintiff to 
 
 withdraw demurrer and reply, 12 G. 28. 
 proceedings if order made on application for survey by purchaser a tax at 
 
 sale reversed, 'l2 G. 266. 
 mistake of commissioner corrected and decree afiirmed, 13 G, 354. 
 though judgment in pa^t interlocutory, whole reversed, 15 G. 64. 
 when if part of judgment cannot be struck out whole will be reversed, 
 
 17 G. 366. 
 when restitution of a fine ordered, 18 G. 915. 
 
 order as to execution if appellee declared bankrupt pending an, 19 G. 739. 
 as to amending and affirming judgment in a criminal case, 19 G. 813. 
 judgment reversed and prisoner remanded for new trial because term fixed 
 
 too short, 20 G. 848. 
 if verdict wrongly set aside and there is aii, on second verdict, judgment 
 
 given on first, 2 1 G. 700. 
 case tried by Court of Appeals at one term cannot be reheard at a subse- 
 quent term, 20 G. 31. 
 judgment of court of competent jurisdiction presumed right, and error 
 
 must be shown by the record, 33 G. 37. 
 if on two trials verdict was for defendant and it was error to set aside first 
 
 verdict, proceedings on second trial will not be considered on an, 33 G. 
 
 342. 
 
APPEAL— APPELLATE COURT. 35 
 
 APPEAL, Proceedings on, Continued. 
 objection to competency of witness, or to commissioner's report, cannot be 
 
 first made in appellate court, 33 G. 451. 
 how court will consider bUl of exceptions which states evidence and not 
 
 facts, 33 G. 136. 
 decree subjecting lands to a judgment amended and affirmed as to one de- 
 fendant and dismissed as to other, the joint judgment being valid as to 
 
 one and void as to the other, 33 G. 351. 
 APPEAL BOND ; see Appeal. 
 when sufficiency of, determined by Court of Appeals, 2 C. 198. 
 when surety on, released by appellant's death, 2 C. 286. 
 insuflScient in law if executed by a surety without a principal, 4 M. 104, 
 
 323 ; 5 M. 197. 
 cannot be given in clerk's office if appeal taken in court, 6 M. 397. 
 when in action on, errors and misprisions in lower court not considered. 
 
 Gil. 338. 
 objection to, cannot be first made in Court of Appeals, when, 1 E. 462. 
 appeal irregular if indefinite time given for execution of, 2 K. 5. 
 qusere, whether misrecital of amount of judgment avoids, 3 L. 196. 
 required in suit in equity against executor, Ac, when, 6 L. 378. 
 when if defendant has complied with interlocutory decree, not required, 6 
 
 L. 378. 
 when surety in, substituted in place of judgment creditor and given the 
 
 benefit of his lien, 10 L. 394. 
 surety for administration not' subrogated to creditor'si remedy against 
 
 surety on, given by administi-ators, 1 Rob. 461. 
 appellee may have rule to compel appellant to give, when, 4 G. 180. 
 until, is given, appellee may enforce judgment or decree of lower court, 4 
 
 G. 180. 
 when per. rep. with will annexed may appeal without giving, 4 G. 9. 
 what, should cover on appeal from decree dissolving injunction to sale of 
 
 land, 28 G. 184. 
 penalty of, is £20 when plaintiff in chancery appeals, 1 W. 380. 
 what no ground for demurrer in action on, 9 G. 37. 
 surety on injunction bond may also be surety on, 3 C. 522. 
 time in which, must be given, 7 G . 374. 
 giving of, does not release an attachment, 20 G. 540. 
 stipulations in, construed as alternative, 33 G. 527. 
 how party joining in, entitled to contribution and indemnity in this case. 
 
 33 G. 527. 
 APPELLATE COVS.T ; see Appeal. 
 
 will not reverse decree for error not affecting appellants, 1 P. & H. 277. 
 objections on ground of irregularity cannot be first made in, 1 P. & H. 12. 
 when, will suppose cause was properly heard, 2 P. & H. 206. 
 when irregularity cured by Sup.'^. C. ch. 96, ?1, 2 P. & H. 206. 
 must judge whether juror was properly set aside, 10 G . 767. 
 will presume jury in criminal case was discharged for good cause, 7 G. 
 
 662. 
 
36 APPELLATE COUKT. 
 
 APPELLATE COURT, Continued. 
 
 when party concluded in, by his acquiescence in a decree, 22 G-. 1. 
 when decree of, settles all questions, 22 G. 1. 
 
 when case considered in, as on a demurrer to the evidence, 22 G. 51. 
 when omission in decree to refer to depositions a clerical mistake, 22 G. 
 
 146. 
 what, will do when motion for a new trial overruled and evidence certi- 
 fied, 22 G. 177. 
 creditor in elegit has title in debtor's land which may he subject of adju- 
 dication in Court of Appeals, 22 G. 202. 
 when, presumes revival of a suit properly entered by consent, 22 G. 414. 
 when too late to object in, to want of proof that plaintiffs were heirs, 23 
 
 6. 414. 
 objection that causes were impr operly consolidated cannot be first made 
 
 in, 22 G. 510.. 
 objection to form of action cannot be made in, when, 22 G. 510. 
 when, presumes decree dismissing bill for a new trial of action at law 
 
 correct, 22 G. 544 
 when, will not disturb verdict scaling debt, 22 G. 550, 697, 724. 
 release of part of verdict of $500 was in fraud of jurisdiction of, and void, 
 
 22 G. 593. 
 question decided on fijst appeal cannot be reversed on second appeal, 22 
 
 G. 649. 
 conclusiveness of decree of; when bill of review lies to correct it, 22 G. 
 
 649. 
 when bill of exceptions shows the evidence and not the facts were certi- 
 fied, 22 G. 924. 
 when if evidence is certified will not reverse judgment, 22 G. 924. 
 principles as to reversing judgment because verdict contrary to evidence, 
 
 22 G. 924. 
 what, will presume when lower court scales debt, 24 G. 191. 
 when, will not reverse judgment because of an instruction outside of the 
 
 evidence, 24 G. 197. 
 what objection to commissioner's account not available in, 24 G. 377 ; 26 
 
 G. 549 ; 28 G. 365; 29 G. 46. 
 when, may reverse judgment though no motion in arrest made in lower 
 
 court, 24 G. 644. 
 judgment in rape case set aside as verdict contrary to evidence, 24 G. 649. 
 judgment not reversed if instructions could not injure prisoner, 24 G. 657. 
 when , may pass on an exception to a deposition, 25 G. 28. 
 how, regards affidavit not objected to in lower court, 25 G. 129. 
 decree reversed on bill of review. Appeal brings up whole case, 25 G. 
 
 146. 
 when, will not reverse decree for failing to direct enquiry whether rents 
 
 would pay debt in five years, 25 G,203. 
 when objection to pleas cannot be first made in, 25 G. 321. 
 when, will consider exception taken, the court certifying the facts, 25 G. 
 361. 
 
APPELATE COURT. 37 
 
 APPELLATE COURT, Continued. 
 objection for want of a necessary party may be first made in, 25 G. 371, 
 
 838. 
 what, will disregard when evidence is certified and conflicting, 25 G. 463. 
 when record cannot be first objected to in. 25 G. 642. 
 when judgeof circuit court compelled to hear case sent him by, 25 G. 817. 
 cannot consider exception which does not give answer of witness, 25 G. 
 
 887. 
 will not set verdict aside because jury may not have understood instruc- 
 tion, 25 G. 887. 
 when, will amend and affirm decree with cost.s to appellee, 26 G. 127. 
 objection for want of a party held by, to have been waived, 26 G 403. 
 when, will amend decree which has been modified and affirm it, 26 G. 549. 
 judgment reversed if instruction erroneous or not based on any evidence, 
 
 26 G. 585. 
 when, will not reverse decree against executrix on objections first made 
 
 in, 26 G. 652. 
 decree reversed and case sent back though it was not made out in lower 
 
 court, 26 G. 878. 
 will not grant new trial in murder case, when, 26 G. 995. 
 supervision over lower court as to new trial because of erroneous instruc- 
 tion, 27 G. 77. 
 judgment reversed for error in refusing instruction as to excluding time 
 
 from statute of limitations, 27 G. 448. 
 when, will not reverse decree against purchasers not allowed for improve- 
 ments, 27 G. 270. 
 when, will not reverse judgment because continuance refused, 27 G. 676 ; 
 
 29G. 431, 570. 
 when, should, and should not, reverse order removing fiduciary, 27 G. 29. 
 . principles on which, will award new trials, 27 G. 1009. 
 when, may correct commissioner's report though not excepted to, 28 G. 
 
 365. 
 when, sends cause back with leave to amend pleadings, 28 G. 686. 
 when want of plea and issue cannot be set up in, by defendant, 28 G. 750. 
 when, takes judgment in unlawful detainer to be correct, 28 G. 750. 
 when, will not interfere with discretion of lower court as to course of 
 
 examination of witnesses, 28 G. 891. 
 rights of joint owners of land'when case sent back by, to have them made 
 
 parties, 29 G. 46. 
 proceedings of, when evidence set out in exceptions for refusal to grant a 
 
 new trial, 29 G. 61; 31 G. 469. 
 Court of At)peals has jurisdiction if constitutionality of statute involved; 
 
 29 G. 212. 
 when, will reverse judgment because irrelevant evidence admitted, 29 G. 
 
 255 ; 31 G. 855. 
 when, will not disturb verdict though it would have found diflerently, 29 
 G. 255. 
 
38 APPELLATE COURT. 
 
 APPELLATE COURT, Continued. 
 objection to sufficiency of notice of motion cannot be first made in, 29 G. 
 
 392. 
 when, -will reverse judgment for imperfect statement in bill of exceptions, 
 
 29 G. 588. 
 when party cross examining witness cannot object to his competency in, 
 
 29 G. 732. 
 when, will not reverse judgment for attempt to commit rape on an infant, 
 
 29 G. 830. 
 
 when, will not disturb judgment if law and facts submitted to court 
 
 below, 30 G. 56. 
 when, cannot review refusal of lower court to set aside verdict on an issue 
 
 out of chancery, 30 G. 105. 
 if deposition read without objection in lower court, it cannot be objected 
 
 to in, 30 G. 255. 
 will amend decree and affirm it, when, 30 G. 515. 
 right first set up by caveator in his petition for appeal not considered in, 
 
 30 G. 582. 
 
 when, will reverse decree because improper evidence received on trial of 
 
 issue out of chancery, 30 G. 689. 
 when, presumes proof justified judgment of lower court, 30 G. 841- 
 judgment affirmed though, might have set verdict aside if it had presided 
 
 at trial", 30 G. 845. 
 when objection to revival of suit considered as waived by, 31 G. 134. 
 objection that deed was not deed of corporation cannot be first made in, 
 
 31 G. 228. 
 
 party not having opportunity to object to decree below may do so in, 31 
 
 G 533. 
 when, will not interfere with judgment in insurance case on ground that 
 
 it is excessive, 31 G. 739. ^ 
 , judgment on attachment directing executors to pay a legacy reversed, 31 
 
 G. 784. 
 when exception that question is leading not considered in, 31 G 791, 
 what appellant must show, and what he cannot rely on in, 32 G. 65, 76. 
 how objection for want of proper parties treated if first made in, 32 G 65. 
 when case dismissed, matter in controversy not being $500, 32 G. 288 ; see 
 
 33 G. 37. 
 when, will not reverse judgment, the evidence being conflicting, 32 G. 467. 
 when, has jurisdiction of judgment for only |300, 32 G. 146. 
 when, will not set aside verdict, though improper evidence admitted, 32 
 
 G. 518 
 when, will not dismiss suit though security for costs not given, 32 G. 558. 
 what evidence in attachment suit cannot be first objected to in, 32 G. 
 
 558. 
 what errors of lower court no ground for reversingjudgment, 32 G. 588. 
 affidavit filed with petition for rehearing cannot be first objected to in, 33 
 
 G. 827. 
 
APPELLATE COURT— APPOINTMENT. 39 
 
 APPELLATE COURT, Continued, 
 onus is on party appealing to show jurisdiction of, 33 G. 37; see 32 G. 
 
 288. 
 party waiving filing of information in lower court cannot complain in, 33 
 
 G. 443. 
 will not reverse judgment because continuance refused unless plainly 
 
 wrong, 33 G. 443. 
 commissioner's report cannot be first excepted to in, 33 G. 451. 
 will not reverse decree because a plea was filed to an answer, when, 33 G. 
 
 451. 
 will not reverse decree for want of parties, when, 33 G. 651. 
 will not set aside verdict in murder case, there being evidence to sustain it, 
 
 33 G. 872. 
 APPEAEANCE. 
 not being entered for appellant, when motion to dismiss appeal must be 
 
 made, 2W. 75. 
 what, cures want of notice of a motion for a writ of ad^uod damnum. 2 W. 
 
 76. 
 of infant defendant, how compelled, 2 C. 1. 
 by attorney who is sued waives demand and refusal to pay plaintiff money 
 
 collected for him, 3 C. 200. 
 waives defect in form of notice, 4 C. 357. 
 all errors in process are cured by, and pleading to the action, 3 H. & M. 
 
 309. 
 what, day in superior court of chancery, 4 H. & M. 440. 
 what, to the action does not dispense with further and proper process, 11 
 
 L. 584. 
 defendant not entering an, may object that cause is not matured for trial, 
 
 6 G. 210. 
 in proceedings for felony accused must appear in person, 9 L. 623. 
 
 APPLICATION OF PAYMENTS ; see Payment. 
 APPOINTMENT; see Pou'er; Ti-uatee; Will. 
 
 when trustee can make an unequal, under a power, 4 C. 477. 
 
 when, by widow under power to divide property among children as she 
 
 pleases, avoided, 6 M. 352 ; Gil. 27. 
 party who has received part of property under an, must in order to get 
 
 share of residue bring his part into collatio bonorum, Gil. 27. 
 equality is the rule when equity corrects an improperly executed, Gil. 27. 
 Tinder general power, must be in the way that would pass title if person 
 
 making the, owned the property, 4 K. 566. 
 when, under a general power void. How residue unappointed distributed, 
 
 4 E. 5^6. 
 when if party dies without making, testator held to die intestate, 2 L. 
 
 642. 
 qmere, does widow renouncing provision of will thereby renounce power of, 
 
 6 L. 461. 
 power of feme cmert to appoint her separate property, 8 L. 20. 
 
40 APPORTIONMENT OF RENT— ARBITRATION. 
 
 APPORTIONMENT OF EENT; see Landlord and Tenant; Rent. 
 when defendant may give in evidence circumstances to show there should 
 
 be an, 3 H. & M. 470. 
 when rents ai^d profits of lands unlawfully withheld, apportioned, 3-M. 
 
 129. 
 circumstances allowing an, 2 Bob. 606 ; 3 H. & M. 470. 
 APPRAISEMENT ; see Personal Representative. 
 
 not signed by personal representative is not an inventory, 2 H. & M. 36L 
 what inventory and, prima facie evidence of, and against whom, 2 H. & 
 M. 361. 
 > qnxre must, be recorded as well as signed by personal representative to 
 make it evidence, 2 H. & M. 361. 
 admissible as prima facie evidence of value of estate, 3 M. 65. 
 
 APPRENTICE, 
 no appeal lies from order binding an, or rescinding his indentures. What 
 
 the proper remedy, 1 H. & M. 413. 
 action on indentures of, should be in his own name, 3 M. 183 ; see 6 L. 
 
 560. 
 master is bound to pay for medical services rendered, 4 R. 423. 
 when indentures executed by father without child's consent void, 4 L- 
 
 493. 
 when suit on indenture of, must be in name of overseers of the poor, 6 L. 
 
 560. 
 when indenture of, executed by one overseer of the poor sufficient, 5 G. 
 
 285. 
 covenants in favor of, and of her mother, good though they are not parties 
 
 to the indenture, 5 G. 285. 
 a binding out of, until seventeen years of age is valid, 5 G. 285. 
 
 APPURTENANCES. 
 
 growing crops do not pass by this word in a will, 1 W. 53. 
 
 ARBITRATION. 
 
 1. In General. 
 
 2. Award. 
 
 3. Submission. 
 1. In General : 
 
 arbitrators if made parties to a suit may demur, 1 W. 11. 
 
 arbitrator admissible to prove admission of improper evidence, 1 W. 193. 
 
 when plea that award was not made defeats suit on, bond, 1 W. 290. 
 
 court may give costs though not mentioned in award, 2 C. 100. 
 
 what damages may be allowed on bond of deputy to indemnify sheriff, 
 
 2 C. 433. 
 order of reference may be rescinded at any time before award made, 5 C. 
 
 431. 
 admission of paper as evidence on plea of no award held proper, 8 L. 608. 
 unliquidated damages for an injury properly rejected by arbitrator, 8 L. 296. 
 pleas impeaching conduct of arbitrators rejected, when, 8 L. 608. 
 when reservation by arbitrators made in award void, 12 L. 550. 
 
ARBITRATION. 41 
 
 ARBITRATION, In General, Continued. 
 
 order of court confirming appointment of substitute for an arbitrator un- 
 necessary, 5 M. 493. 
 ■what is misbehayior in arbitrators, 4 Gr. 133. 
 
 when in action on award defendant left to plea of no award, 8 G. 79. 
 when improper evidence presumed to have been rejected, 9 G. 684. 
 when decisions of arbitrators on questions of law binding on the parties, 
 
 12 G. 554. 
 how court will act if arbitrator states two propositions of law, 24 G. 521. 
 valuation of land by referees set aside, Wy. 10. 
 relief given in equity to judgment contrary to award, Wy. 123. 
 between judgment creditors protected by act of limitation, 1 P. & H.216. 
 2. AWAED: » 
 
 when set aside for Illegality or misbehavior of arbitrators, 1 W. 11, 156 ; 
 
 6 R. 529; 4 L. 436; 13 G. 535; Wy. 114, 121. 
 what report of referees considered an award, 1 W. 156; 2 H. & M. 544; 4 
 
 H. & M. 363. 
 set aside if arbitrators admit improper evidence, 1 W. 193. 
 agreement founded on an award which is not made is void, 1 W. 290. 
 in suit where no declaration was filed good, when, 1 W. 303. 
 when judgment on, bars another action, 1 W. 303. 
 judgment on, which misrecites date of order of reference is erroneous, 2 
 
 W. 70. 
 when, made after distress taken is admissible in action of replevin, 2 W. 71. 
 need not lie in court two terms if exceptions filed earlier, 1 C. 379. 
 of costs without ascertaining amount is good, 1 C. 575. 
 on matter submitted by person in his own right and as executor good, 1 C. 
 
 575. 
 when, executor may sue on, in his own name, 1 C. 575. 
 difference between, of an act to be done by, or to, a stranger, 1 C. 575. 
 when, of three arbitrators good though there are more appointed, 2 C. 106. 
 judgment should follow the, costs given though not named in, 2 C. 106. 
 failure to award concerning bail does not vitiate, 2 C. 106. 
 need not lie two terms if reference made during pendency of suit, 2 C. 433. 
 recital in, of month which is blank in arbitration bond, &c., no variajice, 
 
 3 C. 309. 
 not set aside because court does not agree with arbitrators on a doubtftd 
 
 question, 3 C. 309. 
 when, may be discounted against rent in replevin, 4 C. 580. 
 grounds for an, not connected with it not received to avoid it, 1 H. & M. 67. 
 matter in, not mentioned in submission mere surplusage, 1 H. & M. 67. 
 is binding where whole case including the law is referred, 4 H. & M. 363. 
 good though lines of land in, different from those in will, 4 M. 114. 
 court may-give judgment on, at same term to which returned, 6 L. 62. 
 ' everything is to be presumed in favor of an, 1 E. 449. 
 
 binds those distributees who submit to arbitration, 4 E. 95 ; 2 Rob. 761. 
 construed liberally. Words "heirs at law" in, construed, 4 E. 95 ; 2 Bob, 
 
 761: 
 
 6 
 
42 ^ ARBITRATION. 
 
 ARBITRATION, Awabd, Continued. 
 binding though contrary to law, when, 4 R. 95 ; 2 Roh. 761 ; 31 G-. 727. 
 when, made jointly by arbitrators and umpire held good, 4 R. 275. 
 on one matter good. Awards need not be mutual, 3 R. 94. 
 if, may on fair presumption be brought within submission, it is good, 1 Ii. 
 
 491. 
 when, by two of three arbitrators good. Grounds for setting aside an, 6 
 
 L. 62. 
 against party claiming slaves good against estate of which she is executrix, 
 
 6 L 486. 
 of payment by one to another sulficient without directing a release, 8 L. 
 
 608. 
 good though in excess of damages claimed in the -vjrit, 9 L. 142. 
 signed on one day and altered and delivered on another is an, of the lat- 
 ter day, 12 L. 550. 
 when an, entered as a decree is a final decree, 1 G 407. 
 when equity cannot reverse an, 2 M. 34 ; 3 R. 122 ; 6 L, 62. 
 when refusal of arbitrators to hear testimony vitiates the, 5 M. 10. 
 requiring surety as well as principal in arbitration bond to pay money held 
 
 good, 1 B. 449. 
 when only repress against, is in equity, 3 R. 2. 
 not set aside on ground of surprise in this case, 4 L. 362. 
 made pendente lite not evidence on plea of non assumpsit, 1 M. 22. 
 uncertain on its face, when void. How demands asserted in such case, 6 
 
 G. 381. 
 when, complete and final though not actually delivered, 6 G. 398. 
 what insufficient to set aside, on ground of mistake, 6 G. 398. 
 affirming validity of former award conclusive, 9 G. 637. 
 what papers no part of the, 9 G. 684. 
 what no grounds for setting an, aside, 9 G. 684. 
 when relief given against, for mistake of law, 23 G. 160. 
 for what reasons, may be set aside in common law court, 23 G. 160. 
 when, handed to counsel and sealed afterwards valid, 23 G. 871. 
 when, is judgment of the court. What allowed in this case, 23 G. 871. 
 appellate court presumes, was entered as judgment of lower court at a 
 
 proper term, 23 G. 871. 
 
 no objection to, that it admits partner not party to submission, 23 G. 871. 
 
 rule goveriling motions to set aside, on ground ofafter discovered evidence, 
 25 G. 129. 
 
 not set aside unless for perverse misconstruction of law or misconduct, 
 when, 31 G. 727. 
 
 held beyond submission and only partly sustained, 25 G. 566. 
 when not defective for uncei-tainty or want of mutuality, 2 P. & H. 442. 
 power of Court of Appeals to correct. When relief granted in equity, 
 Wy. 114, 121. 
 
 for damages for not ratifying an illegaJ and-fraudulent contract, not bind- 
 ing, Wy. 121. 
 
ARBITRATION— AEDENT SPIRITS. 43 
 
 AEBITEATION, Continued. 
 3. Submission: 
 matter in awaid not mentioned in, is surplusage, 1 H. & M. 67. 
 a, to arbitration is a waiver of objections to previous proceedings, 5 M. 10. 
 of infants not binding on eitber party, 6 M. 453. 
 after judgment and writ of inquiry in office good, 9 L. 142. 
 when defendant may show at trial that, was obtained by fraud, 5 L. 700. 
 executor can submit any claim to arbitration. How far personally liable, 
 
 6L. 62; 11 G. 724. 
 right of overseers of the poor to submit to arbitration, 7 L. 231. 
 when, stating land was warranted good, though writing had not that ef- 
 fect, 2 M. 1. 
 award binds those distributees who snbmitto arbitration, 4 E. 95; 2 Eob. 
 
 761. 
 when, is of question of law only, award binds though contrary to law, 4 
 
 E. 95 ; 2 Eob. 761. 
 it on fair presumtion ajv^ard may be brought within, it is good, 1 L, 491. 
 when award on back of, bond held to settle all matters submitted, 8 L. 
 
 608. 
 award as to suits named in, good though parties agreed to submit three 
 
 suits, 12 L, 495. 
 if award settles matters not in, court will reject excess and give judgment, 
 
 12 L. 495. 
 delivery of award not necessary to its validity unless so provided by, 12 
 
 L. 550. 
 when award by two good if, is to three or any two of them, 6 L. 62. 
 when death of plaintiff does not avoid, 6 L. 62. 
 award held in conformity with, 12 G. 98 ; 24 G.521 ; 25 G. 78. 
 award omitting a partner not a party to the, is correct in so doing, 23G. 871. 
 authority of one partner to submit partnership matters to arbitration, 2 
 
 P. & H. 442. 
 award held beyond, and only partly sustained, 25 G. 566. 
 ease of all matters of law and facts submitted to arbitrators, 31 G. 727. 
 AEDENT SPIEITS. 
 two persons may be jointly indicted for selling, without a license, and be 
 
 fined separately, 7 G- 600. 
 in indictment for selling, without a license, when use of word " or " not 
 
 error, 7 G. 592. 
 when drinking of, by a juror no ground for a new trial, 8 G. 637. 
 indictment for unlawfully selling, to one is not sustained by proof of sale 
 
 to another, 8 G. 697. 
 license to one to sell, at his house does not authorise partner to sell on his 
 
 lot, 8 G. 588. 
 husband and wife may be jointly indicted for a single act of retailing, 
 
 and fined separately, 8 G. 698. 
 what description in presentment for selling, immaterial When writ of 
 
 error lies for the commonwealth, 10 G. 749. 
 what indictment for selling, must set out, 11 G, 819. 
 
44 ARDENT SPIRITS— ARSON. 
 
 ARDENT SPIEITS, Continued! 
 county court has discretion as to granting Ucence to seU, and its judgment 
 
 is final, 22 454. 
 in such case circuit court prevented from interfering, by prohibition, 22 G. 
 
 454. 
 act of 1877 as to sale of, constitutional, 29 G. 844. 
 to what cases said act does not apply, 29 G. 853. 
 
 ARGUMENT OF CAUSE, 
 when defendant's counsel allowed to open and close, failure to allow him 
 to do so no ground of appeal, 7 L. 501. 
 
 ARMORY, 
 act of March 3, 1821, as to, construed, Gil. 213. 
 
 aerest; 
 
 who exempt from, in civil causes while attending court, 4 C. 97 ; 2 V. C. 
 
 381. 
 what avoids warrant of, but admissible in mitigation of damages, 3 M. 
 458. 
 • ARREST OF JUDGMENT ; see Judgment; Oriminal Jurisdiction amd Pro- 
 ceedings. 
 when fact that declaration showed claim barred by act of Umitatjons no 
 
 ground for, 4 H. & M. 200. 
 though new trial granted, party may at next term file errors in, 3 M. 550. 
 what defects in declaration no grpund for, 5 M. 27. 
 when error of plaintiff in bringing case instead of trespass not ground for, 
 
 2 R. 440. 
 judgment of appellate court reversing an, if motion for new trial not de- 
 cided in court below, 8 L. 479. 
 when defendant cannot get an, because of defective presentment, 2 V. C. 
 
 76. 
 when defendant cannot move in, after verdict against him, 2 V. 0. 76, 
 
 158, 231 ; 9 L. 636. 
 can only be for errors apparent on the record, 2 V. C 476 ; 4 L. 672, 679. 
 \ not granted after verdict of guilty in misdemeanor case for supposed va- 
 riance, 2 G. 555. 
 granted if material Constituent of offence is omitted in the indictment, 2 
 
 G. 629. 
 indictment under Moffett Liquor Law not alleging defendant was 
 "licensed" held fatally defective on motion in, 33 G. 827. 
 AKSON. 
 is ousted of clergy. What a sufficient description in indictment for, 4 C. 
 
 109. 
 burning of jail is; what words in indictment surplusage, 4 L. 683. 
 word "bum" must be used in indictment for, under 1 E. C. ch. 160 ?4, 5 
 
 G. 664. 
 when indictment for, in common law form sufficient, 7 G. 619. 
 for buiping at night indictment must so charge Verdict held sufficiently 
 certain, 7 G. 619. 
 
ARSON— ASSETS. 45 
 
 ARSON, Continued. 
 
 when burning by owner of house on his own land is, 8 Gr. 624. 
 
 burning of wheat not, when, 8 G. 624. 
 
 an unoccupied house is not a dwelling house within meaning of law, 13 
 
 G. 76a 
 what not an offence punishable with death, 26 G. 943. 
 what a dwelling house within meaning of Code of 1860, 26 G. 943. 
 ASSAULT AND BATTERY ; see Criminal Jurisdiction and Proceedings. 
 when error to assess a joint fine against several for, 1 C. 555. 
 how damages assessed in a joint action of, against several, 1 H. & M. 488. 
 release to one of several guilty of an, is a bar to action as to all, 2 H. & 
 
 M. 38. 
 judgment for damages against one of several guiliy of a joint, is a bar to an 
 
 action as to all, 2 H. & M. 355. 
 what a sufficient finding that two were jointly guilty of, 2 H. & M. 355. 
 when action for, will not lie for suing out capias ad satisfaciendum, 3 H. & 
 
 M. 260. 
 when judgment not arrested in action for, because of blank in declaration, 
 
 3 H. & M. 319. 
 how action for, on an infant should be brought, 6 M. 280. 
 when information on a presentment for, dispensed with, 5 L. 743. 
 decision in case of, against justice, informer and constable, for arrest under 
 
 warrant for peijury, 1 Eob. 748. 
 jury in case of, cannot find costs, 2 V. C. 26. 
 
 on indictment for robbery, prisoner may be convicted of, 17 G. 592. 
 if prisoner fined $1 and costs for, costs are a part of the fine, 33 G. 291. 
 what defendant can give in evidence under the general issue in case for, 
 
 33 G. 413. 
 in joint action of trespass for, against several defendants, it is competent to 
 
 show provocation received by one of them, 33 G. 413. 
 when particulars of, made by prisoner on deceased on same day as killing, 
 
 evidence in trial for murder, 33 G. 766. 
 ASSETS ; see Administration ; Decedents' Estates ; Personal Eepresentative. 
 judgment gainst executor is admission of; how creditor may proceed, 1 
 
 W. 166. 
 when verdict on plea of fully administered should find value of, 2 W. 301. 
 before act of 1785 debts due by executor were, 3 C. 75. 
 new trial awarded if verdict uncertain as to amount of, 3 C. 424. 
 general verdict against heir is sufficient if he plead no, by descent, 3 C. 431. 
 when jury need not find that heir has, 1 H. & M. 303. 
 when judgment should be for, in defendant's hands and for balance of 
 
 claim "when assets", 1 H. & M. 470. 
 when a still is, in hands of the executor, 2 H. & M. 22. , 
 proceeds of land directed to be sold are equitable, how distributed, 4 H. & 
 
 M. 57. 
 when money held a legacy from grandfather and not, of father's estate, 3 
 
 M. 59. 
 
46 ASSETS— ASSIGNMENT. 
 
 ASSETS, Continued. 
 how far slaves loaned, but not by a recorded writing, are, for creditors, 5 
 
 M 305. 
 construction of section of act concerninE wills as to emblements, 6 M. 514. 
 bond taken by administrator for proceeds of sale of intestate's property Is, 
 
 of estate until administration account settled, 5 L. 324. 
 bricks begun during life, but completed after death, of party, are assets of 
 
 his estate, 12 L. 112. 
 what verdict as to, on plea of fully administered, uncertain and insuffi- 
 cient, 3 M. 65. 
 what verdict as to, on plea of no assets defective, -4 M. 466. 
 judgment by default against executor is prima facie admission of, 1 M. 437. 
 when fund appointed by will for payment of debts presumed sufficient, 3 
 
 M. 59. 
 when judgment estops administrator of an administrator from pleading 
 
 " no assets, " 4 M. 466.' 
 can creditor bring bill against executor for discovery of, and satisfaction, 
 
 6 L. 504. 
 what simple contract creditors should receive from real, descended to 
 
 heirs, 4 H. & M. 460. 
 when claim against executor and sureties must be fully prosecuted before 
 
 suit in equity can be brought against devisees of laud, 1 M. 437. 
 when equity will not sell land descended to satisfy bond debt of ancestor, 
 
 6 M. 432. 
 surety in bond having paid judgment against him may file bill to be paid 
 
 out of real estate of deceased principal, ^ M. 419. 
 when on bill against infant heirs to marshal, it is error to decree sale of 
 
 land, 6 L. 196. 
 
 ASSIGJiTMENT. 
 
 1. In General. 
 
 2. consteuction and effect of. 
 
 3. Eights and Liabilities of Assignoes and Assignees. 
 
 1. In General : 
 
 bonds with collateral conditions not assignable before act of 1795, 1 C. 483. 
 
 of a bond offered in discount must be proved at the trial, 4 C. 580. 
 
 of certificate lost in auditor's office mu&t be proved to hold State, or audi- 
 tor, liable, 5 C. 128. 
 
 of bond with collateral condition after act of 1795 good, though bond 
 dated before, 1 M. 76. 
 
 a written, of a bond, or its delivery, is necessary to pass the title, 2 P. & 
 H.l. 
 
 when, of prison bounds bond to creditor valid, and suit may be on, 1 M. 76. 
 
 mortgage of buildings insured in Mutual Assurance Society is an, of the 
 policy to the mortgagee, 4 L. 69. 
 
 when debtor cannot enjoin judgment by assignee of bond for purchase 
 money, 9 6. 54. 
 
 what an equitable, of a legacy, 6 G. 363. 
 
ASSIGNMENT. 47 
 
 ASSIGNMENT, In General, Continued. 
 what a good equitable, of a note secured by a deed of trust, 2 P. & H. 
 
 144. 
 what a sufficient, by sheriff of a prisoi. bounds bond, 9 G. J67. 
 what the, of a bond imports, 10 G. 149. 
 record of deed assigning bonds is no notice to obligor of their, 2 P. & H. 
 
 178. 
 a mechanics' lien may be assigned, 15 G. 83. 
 
 contract of guaranty of a coupon bond is assignable in equity, 18 G. 750. 
 order in which bonds are to be paid in this case, 25 G. 448. 
 of a debt secured by deed of trust carries the deed with it, 25 G. 448. 
 when, to trustee to pay debts valid against attaching creditor, though not 
 
 recorded, 31 G. 126. 
 what a complete; when no need of proof of an, 19 G. 74. 
 
 2. CONSTETJCTION AND EFFECT OF : 
 
 what not included in, by acting partner of late firm to pay debts, 4 M. 442. 
 agreement for, of bonds construed. How costs of authenticating, appor- 
 tioned, Wy. 195. 
 effect of endorsement in blank of bill of exchange. Eights of holder, 5 
 
 M. 388. 
 as to bonds and notes implies more than endorsement. Its meaning, 2E. 
 
 465. 
 when endorsee of note not affected by equity between maker and endorser, 
 
 2 E. 247. 
 letter held not to be an, of a debt, 2 L. 19. 
 deed held an, of debts due at, but not after, its date, 3 L. 389. 
 deed held an, of amount collected from Spain for spoliation, 3 L. 714. 
 what not an, by holder of a note, 5 L. 132. 
 
 what a mere authority to collect a debt, and not an, of it, C L. 135. 
 when error to decree for assignees without proof of, 6 L. 196. 
 by one partner of effects of firm not avoided by affixing seal, when, 8 L. 
 
 415. 
 to secure innocent creditors held good, 10 L. 321. 
 when deed prima facie evidence of consideration of an, 2 Kob. 340. 
 effect of, of bond for purchase money when contract of sale rescinded, 9 G. 
 
 54. 
 what the assignment of a bond imports, 10 G. 149. 
 of a lost certificate held void, ■Wy*296. 
 
 of a debt secured by mortgage is also an, of the mortgage, 25 G. 448. 
 construction of, of a note " without recourse, " 27 G. 878. 
 party endorsing note payable at a bank which has ceased to exist is liable 
 
 as assignor or guarantor, 33 G. 23. 
 
 3. Eights and Liabilities op Assignoes and Assignees : 
 
 when assignee of a debt can recover against the assignor, 2 W. 219 ; 1 C. 
 
 226. 
 assignee of bond takes subject to equities o|' obligor against the obligee, 2 
 
 W.233, 255. 
 
48 . ASSIGNMENT. 
 
 ASSIGNMENT, Rights AND Liabilities op Assignoes and Assignees, 
 
 Continued. 
 in suit against assignor of bond endorser's handwriting need not be 
 
 proved, 1 C. 123. 
 assignee of note must sue maker before he can sue assignor, 1 C. 497 ; 5 C. 
 
 78; see 4 H. & M. 455; 6 M. 391. 
 when debt sustained without alleging that, was for a pecuniary consider- 
 ation, 2 C. 530. 
 what need not be stated in a declaration against an assignor of a bond, 4 
 
 C. 492. 
 assignor of bond liable whether, was for a past or present consideration, 4 
 
 C. 492. 
 last assignee of promissory note cannot sue remote endorser, 5 C. 16. 
 when in suit by assignee against endorser, former suit against maker 
 
 not evidence, 5 C. 61. 
 jury must decide whether assignee has used due diligence, 5 C. 78. 
 what, on a bond does not vary liability of assignor, 2 H. & M. 105. 
 when return "no effects" on execution against obligor sufioient to charge 
 
 assignor, 2 H. & M. 105. 
 assignor assigning " without recourse " and innocent of fraud, not liable, 2 
 
 H. & M. 189. 
 when assignor of bond not liable even to assignee without notice, 2 H. & 
 
 M. 536. 
 assignee of bond cannot sue as obligee. Must set forth, in declaration, 3 
 
 H. & M. 219. 
 when obligor cannot be restrained from paying bond to assignee, 4 H. & 
 
 M. 259. 
 when assignee of note may sue assignor without suing maker, 4 H. & M. 
 
 455. 
 equity of obligor must be clearly proved to affect assignee without notice, 
 
 1 M. 533. 
 assignee of a boijd is in no better situation than the assignor, 3 M. 68. 
 quxre, whether assignor's statement that bond was paid before, admissible, 
 
 3 M. 136. 
 obligor paying obligee after notice of, may recover from obligee, 3 M. 488. 
 when assignee of a lease who is evicted may sue lessorfor compensation, 3 
 
 M. 556. 
 when, of mortgage enables assignee toprecover in like manner as mort- 
 gagee, 4 M. 382. 
 what defendant may prove by parol evidence in suit by assignee of note 
 
 against the drawer, 4 M. 496. 
 assignee of bond may recover against assignor for balance due, after ex- 
 hausting trust property of obligor, 5 M. 25. 
 what not a sufficient plea of an attachment, &c., in suit by assignee of 
 
 bond against the assignor, 5 M. 178. 
 when assignee having sued obligor may recover of assignor, though bail 
 
 was not required of obligor, 5 M. 450. 
 when assignee of a judgment which is reversed may sue assignor, 6 M. 15. 
 
ASSIGNMENT. 49 
 
 ASSIGNMENT, Eights and Liabilities of Assignoes and Assignees, 
 Cwiitinued. 
 
 when assumpsit lies against assignor though the, was by a sealed instru- 
 ment, 6 M. 15. 
 
 act allowing assignee to sue at law cumulative and additional to remedy 
 in equity, 6 M. 23. 
 
 declaration of assignee against assignor of bond defective in this case, 6 M. 
 315. 
 
 when assignee of note for purchase money can hold vendor, vendee and 
 land liable, 3 G. 232. 
 
 when assignee of note not affected by equity of which he had no notice, 6 
 M. 316. 
 
 proper decree on bill of injunction by maker of note on ground of equity 
 aifecting payee only, 6 M.,316. 
 
 suit by assignee of bond against assignor premature, when, 6 M. 448. 
 
 when assignee of note secured by a deed of trust entitled to payment out of 
 trust fund, though the deed was assigned to another, 1 E. 466. 
 
 title acquired by assignee of bond under Virginia statute. How he niay 
 sue, 4 E. 266. 
 
 when assignee of chose in action can come into equity. When not, 4 E. 
 392. 
 
 rights of assignee of note not negotiable prior to act of 1807, 5 E. 31. 
 
 assignee of note need not sue bail of maker before suing -assignor, 5 E. 51. 
 
 subject to what equities an assignee of a bond takes it, 3 L. 12, 597. 
 
 when assignee of lease liable for breach of covenant before the, 4 L. 69. 
 
 assignee of bond may sue assignor if obligor insolvent at time of, 4 L. 453. 
 
 what promise binds assignor. What conclusive evidence of obligor's in- 
 solvency, 4 L. 452. 
 
 assignee may sue assignor though forthcoming bond taken on judgment, 
 &c., against obligor, 4 L. 452. 
 
 of legacy takes effect from date. Priority of assignee over attaching cred- 
 itor, 1 P. & H. 101. 
 
 when assignee may sue on the, though sheriff guilty of neglect, &c., 4 L. 
 452. 
 
 when surety to bond can set it off against his own bond to principal in the 
 hands of an assignee, 5 L. 30. 
 
 proper decree on bill agajinst assignor and assignee when equity is against 
 former only, 5 L. 376. « 
 
 assignor liable in this case though, was without recourse, 6 L. 230. 
 
 what assignee must prove in suit against, assignor of note, 6 L. 386. 
 
 if written, is a gift, assignor not liable to assignee, 9 L. 6. 
 
 when acknowledgment of payment by assignor not proof against assignee. 
 Burden of proof is on debtor, 9 L. 144. 
 
 effect in suit by assignee against assignor, of award made in former suit 
 against obligor, 9 L. 473. 
 
 When statute of limitations began to run against assignee of a bond, 9 L. 
 473. 
 
 when, must be proven in suits in equity brought by assignee, 10 L. 663. 
 
 7 
 
50 ASSIGNMENT. 
 
 ASSIGNMENT, Rights and Liabilities of Assignors and Assigneks, 
 
 Continued. 
 what pleas insufficient to bar assumpsit by assignee, for use of another, 
 
 against assignor, 11 L. 203. 
 when assignee must prove, was for value, 1 Eoh. 148. 
 when vendee paying assignee of bond for purchase money too much, can- 
 not recover back excess, 1 Bob. 448. 
 right of parties under equitable, iin this case, 6 L. 534. 
 when vendor, payee of order drawn by vendee, may enforce vendor's lien, 
 
 3 G. 253. 
 when assignor liable though second assignee delay suit until obligor be- 
 comes insolvent, 5 G. 133. 
 when, of bond after bankruptcy of assignor good against his assignee in 
 
 bankruptcy, 7 G. 330. 
 assignee of bonds entitled to benefit of trust securing them, 8 G. 533; 25 
 
 G. 448. 
 priority of assignee of bonds secured by deed of trust over bonds not as- 
 signed, 8 G. 533. 
 when endorser may be sued as assignor or guarantor. When statute of 
 
 •frauds not applicable, 9 G. 485. 
 assignees of bonds for purchase money of part of a tract of land have no 
 
 lien on purchase money of other part of the tract, 9 G. 409. 
 when assignee of note delaying' to sue maker cannot recover of assignor, 9 
 
 G. 695. 
 what delay in selling land conveyed to secure bond no release to assignor, 
 
 10 G. 149. 
 when assignee not confined to remedy on the, but substituted to rights of 
 
 obligor, 11 G. 30. 
 assignee of a mechanic's lien may enforce it, 15 G. 83. 
 as to whether equitable lien for a debt passes if, is without recourse, 19 G. 74. 
 Code 1860 ch. 144 §14 as to suits by assignees not applicable to negotiable 
 
 paper, 14 G. 1. 
 what, of an instrument complete and may be sued on, 19 G. 74. 
 when assignee barred by negligence from recovery against assignor, 22 G. 
 
 534. 
 who the legal assignee in bankruptcy in this case, 22 G. 195. 
 rights of assignee of vendor's lien against vendor who has possession of land, 
 
 25 G. 448. 
 of debt secured by deed of trust carries the deed with it, 25 G. 448. 
 rights of assignee in these cases, 26 G. 705, 878. 
 rights of debtor of insolvent bank getting an, of its debts after a decree for 
 
 an account against it, 27 G. 365. 
 one of two assignees of a bond cannot assign the other's interest, 27 G. 690. 
 when, of debt due firm made by one pairtner not binding on others, 2 P. 
 
 & H. 442. 
 when partner assignee of a debt must take notice of assumption of that debt 
 
 by his firm, "Wy. 10. 
 when obligor discharged as against obligee but not against assignee, Wy. 47. 
 
ASSIGNMENT— ASSUMPSIT. 51 
 
 ASSIGrNMENT, Eights and Liabilities of Assignors and Assignees, 
 Continued. 
 when attachment creditor has priority over assignee of a legacy, 1 P. & H. 
 
 101. 
 ■wife entitled to chose in action against assignee for value of husband, 1 P. 
 
 & H. 12. 
 party endorsing note at bank which has ceased to exist is liable as assignor 
 
 or guarantor, 33 G. 23. 
 rights and duties of assignor and assignee of a note, 33 G. 23, 
 ASSIGNOR; see Assignment. 
 ASSIGNEE ; see Assignment. 
 
 ASSUMPSIT. 
 
 1. In General. 
 ' 2. Declaration. 
 
 3. Evidence. 
 
 4. Pleadings; 
 
 5. Verdict. 
 1. In General : 
 
 parol agreement subsequent to sealed one may be declared on in, 1 W. 166 ; 
 
 6 M. 15. 
 written agreement held inducement to the action and, proper, 1 W. 166; 
 
 6M. 15 
 what promise sufficient to sustain, 1 W. 260. 
 if debt is proved the law implies a promise to pay, 1 W. 372. 
 will lie against sheriff for money received by his deputy, 2 W. 172. 
 when a party to whom a bond is transferred may brings 2 W. 219. 
 qaxre, whether without a special count endorsee of bill of exchange can 
 
 sue endorser, 1 C. 232. 
 when, lies against jailor for prison fees paid him by creditor, 1 C. 540. 
 lies if an appeal is dismissed on appellant's promise to pay the debt, 2 C. 
 
 209. 
 when, will not lie for money paid for a counterfeit certificate, 2 C. 241. 
 what a sufficient consideration to support an, 2 C. 258. 
 lies for purchase money of a lost bill of exchange, 3 C. 373. 
 tort may be the ground of, and will support action, when, 4 C. 451. 
 action for price of tract of land should be special not general, 1 H. & M. 378. 
 for use, &c., of land sustainable without proof of express promise, when, 
 
 4 H. & M. 161 ; 1 M. 407. 
 when general indebitatus, will not lie against sheriff, 2 M. 272. 
 lies by guardian in his own name on draft payable to him for money due 
 
 ward, 6 M. 3. 
 militiaman paying substitute cannot recover back money, 6 M. 18. 
 when, lies for board to married woman on parol promise by third party, 6 
 
 M. 79. 
 what must be proved in suit in, on a conditional promise, 2 L. 557. 
 what agreement held a joint, to indemnify constable, 2 L. 630. 
 when, sustained, objection that promise was not written being waived, 5 
 
 L. 186. 
 
;62 ASSUMPSIT. 
 
 ASSUMPSIT, In GeUbeal, Continued. 
 
 what necessary in order to sustain, for money paid, &c., 6 L. 106. 
 
 when, for money paid, &o., will not lie by assignee against remote assignor, 
 
 6 L. 386. 
 when, will not lie for money had and received, 6 L. 534. 
 compensation for work under unsealed contract recovered in, 9 L. 532 ; 2 
 
 M. 344. 
 when, lies by purchaser at judicial sale' for rent paid to former owner, 10 
 ; L. 317. 
 guxre if, lies on note without averring consideration in the declaration, 10 
 
 L. 448. 
 when, lies by first attaching creditor against a second for proceeds of sale 
 
 of attached effects, 5 G. 177. 
 lies by carrier for freight though part of article carried was lost, 7 G.'307. 
 what no offset in, by administrator for debt due intestate, 8 G. 1. 
 when payment to county surveyor will not sustain, against his successor, 
 
 9 G. 263. 
 
 what statement by assignor of bond will not sustain, against him by 
 
 holder, 9 G. 485. 
 when, lies against endorser either as assignor or guarantor, 9 G. 485. 
 for what services to intestate, may be maintained, 9 G. 708. 
 when, lies for money paid on a rescinded contract, or when consideration 
 
 has wholly failed, 10 G. 1. 
 debtor paying bond of creditor to third person may recover of creditor in, 
 
 10 G. 269. 
 
 when one of three endorsers may sue others in, note being renewed with 
 him only on it, 12 G 1. 
 
 when judgment may be given for defendant without trying issue of non 
 assumpsit, 26 G. 283. 
 
 what only recovered in indebitatus, if there was a special contract, 14 G. 447. 
 
 what does not entitle purchaser to recover back price paid, 15 G. 572. 
 
 how plaintiff may recover for work, &c., against railroad company, engi- 
 neer's estimate being fraudulent, 14 G. 447. 
 
 when, not sustained if goods were paid for by a check, 28 G. 165. 
 2. Declaeation : 
 
 when, is laid in the declaration to executor, he must pay costs if he faU, 
 1 W. 138. 
 
 what an immaterial variance, 1 W. 357. 
 
 declaration against sheriff for money received by deputy should be special, 
 2"W. 172. 
 
 omission to aver promise to pay in declaration not cured by verdict, 2 W. 
 187. 
 
 what an immaterial variance in, against assignor of a bond, 1 C. 123. 
 
 promise should be averred directly in, 2 C. 39, 374 ; 3 M. 566 ; 6 M. 506. 
 
 what averments sufficient in, 3 C. 201. 
 
 when, charging tort with an assumpsit upon it, good aftbr verdict, 4 C. 451. 
 
 when, for services as overseer should be on the special agreement, 2 M. 344, 
 
ASSUx\[PSIT. 53 
 
 ASSUMPSIT, Declaration, eontimied. 
 for what omission in declaration in, against aligner of a bond, judgment 
 
 arrested, 3 M. 550. 
 , count for money had, &c,, held good after verdict though amount left blank 
 
 in, 3 M. 550. 
 plaintiff must set forth consideration to support the promise iii, 4 M. 95 ; 
 
 5 M. 23. 
 what, too defective to be aided by verdict, 4 M. 120. 
 , what error in, not sufficient in arrest of judgment,! 5 M. 27. 
 when judgment given for plaintiff on a demurrer to evidence, it applying 
 
 only to first count in declaration, 5 M. .196. 
 against copartners for hire of slaves not sustained, why, 6 M. 506. 
 in, against administrator d. b. n. what counts niay be joined to save statute 
 
 of limitations, 2 L. 532. '" 
 serving copy of unintelligible account with, not a compliance with Code , 
 
 32 G. 472. 
 date alleged in, held immaterial and time of presentment of biU proved, 3 
 
 L. 196. 
 special usage as to presentment of bill of exchange must be alleged in, 3 
 ' L. 196. 
 when proof of presentment of bill on fourth day of grace does not support, 
 
 3 L. 196. 
 agreement with note not mentioned in declaration attached, inadmissible 
 
 evidence, when, 3 L. 250. 
 if count allege promise by executor to pay legacy, judgment should be de 
 
 bonis testatoris, 9 L. 357 
 what misjoinder of counts in, against executor fatal on demurrer, 9^L. 357. 
 what held to be a count in, 10 L. 348. 
 what count in, will not admit proof of defendant's admission of receipt of 
 
 money, 8 G. 1. 
 with what count on a special contract a general indebitatus, maybe joined , 
 
 9 G. 183. ; 
 what vendor must aver in, for balance due when certain act was done by 
 
 the vendees, 9 G. 183. 
 proper, for money paid on rescinded contract, or when consideration has 
 
 wholly failed, 10 G. 1. 
 common counts sufficient in suit hy executor against widow foj testator's 
 
 money in her hands, 16 G. 230. 
 what need not be set out in, against county for price of building jajL "What 
 
 count defective, 22 G. 302. 
 as to, on new promise to pay debt discharged in bankruptcy,. 2 P. & H. 
 
 616. 
 3. EviDBKCE : 
 written agreement admissible in action of, 1 W. 199. 
 loose conversations of executor insufficient to raise an, 3 C. 248. 
 when agreement with note attached which is not mentioned in the decla- 
 ration inadmissible, 3 L. 250. 
 
64 ASSUMPSIT. 
 
 ASSUMPSIT, Evidence, Continued. 
 when the, of testator's executor not evidence to establish the demand, 2 H. 
 
 & M. 401. 
 award made pendente lite not admissible on plea of non assumpsit, 1 M. 132. 
 when evidence of witnesses as to items of account not excluded, 6 M. 469. 
 what proof applicable to, and sustained, declaration in this case, 4 L. 231. 
 replication that account was between merchants not supported by evidence 
 
 in this case, 4 L. 236. 
 when evidence that' submission to arbitjfation was obtained by fraud ad- 
 missible, 5 L. 700. 
 qusere, whether in action for goods furnished a third person, such person was 
 
 responsible to plaintiff, 10 L. 155. 
 declaration for goods sold "per account rendered " and proof that account 
 
 was rendered, suiHcient, 11 L. 471 ; 12 L. 378. 
 1 K. C. ch. 128 ^86 as to filing accounts with declaration construed. When 
 
 account need not be filed, 11 L. 471. 
 , when proof of defendant's admission of receipt of money, &c., inadmissible, 
 
 8G. 1. . ■ ■ 
 
 when personal representative may prove money sued for was paid out of 
 
 money of his intestate, 10 G-. 1. 
 what evidence admissible under plea of non assumpsit, in diminution of 
 
 damages, 2 P. & H. 133. 
 
 4. Pleadings: 
 
 when, judgment not disturbed though issue not properly joined, 2 C. 514. 
 
 what the pl^ of non assumpdt within five years admits, 6 C. 51. 
 
 when there is abatement as to one partner and judgment against the other 
 1 W. 9. 
 
 pleas l^eld insufficient on demurrer, 3 M. 159. 
 
 what a sufficient bar to action, 5 M. 1. 
 
 subsequent acknowledgment relied onto take case out of statute of limita- 
 tions, when, 4 L. 519. 
 
 5. Veedict : 
 
 what verdict substantially good, 1 W. 372. 
 
 omission to aver promise in the declaration not cured by verdict 2 W. 187. 
 
 when declaration charging tort with an, upon it good after verdict, 4 C. 
 
 451. 
 what declaration too defective to be aided by verdict, 4 M. 120. 
 •when, if verdict is for sum larger than damages, laid in declaration plaintiff 
 
 may release excess and take judgment, 4 M. 371. 
 when general verdict for entire damages on several counts not erroneous, 
 
 5 M. 27. 
 what verdict not too uncertain to take judgment on. * How entered, 6 M. 
 
 79. 
 
ATTACHMENT. 55 
 
 ATTACHMENT; see Absent Defendant. 
 
 1. In General. 
 
 2. Against Absconding Debtob. 
 
 3. Foe Contempt. 
 
 4. FOEEIQN. 
 1. In GrENEKAL : 
 
 ■when, has priority over distress warrant, 3 C. 439. 
 when agreement by attaching creditor to give preference void, 3 C. 439. 
 judgment will not be for interest if, does not demand it, 3 C. 455. 
 endorsement by clerk that suit is to attach defendant's effects restrains the 
 
 application of them, 6 C. 106 ; 6 M. 176. 
 will not lie for one jointcomplainant against another who has received more 
 
 than share allowed him by (Jecree, 1 H. & M. 3. 
 when executors may have, discharged without giving security, 1H.&M.15. 
 when money paid under, upon erroneous decree refunded, 1 H. & M. 350. 
 proceedings yhen partnership effects attached for debt of one partner, 5 
 
 M. 110. 
 act allowing interpleading without bail does not apply to an, for rent, GU. 
 
 142. 
 what no defence to, for rent to become due. For what rent it may issue, 
 
 3 E. 148., 
 when lessor not entitled to an, for rent not due, 9 L. 149. 
 not stating name of party nor owner of property seized, void, 5 E. 596. 
 when person a non-resident under, law though vrithin the State, 12 G. 440. 
 a corporation may be proceeded against as a garnishee. How it should an- 
 swer, 12 G. 655. 1 
 effect of endorsement in nature of an, 12 G. 440. 
 surplus in hands of trustees not liable to, until debts secured are paid, 12 
 
 G.440. 
 law refers to debts due by garnishee at time process served on him, 12 G. 
 
 655. 
 debt held not due from garnishee at time of service of, 14 G. 563. 
 , when an, in equity lies, and when and what it binds, 6 M. 176. 
 does not operate on land if endorsement does not describe it, 12 G. 440. 
 rights of an attaching creditor, 12 G. 595. 
 service of, on one partner held to bind firm, 15 G. 54. 
 owner of goods improperly attached can recover their value at time of, 17 
 
 G. 124. 
 held to have preference over deed in this case, 19 G. 545. 
 verdict set aside as not responding to answer of garnishee, 12 G. 655. 
 when, may issue under ch. 151 Code 1860, 15 G. 54. 
 not defective for failing to designate person in possession of property, 15 
 
 G. 54. , 
 
 what plaintiff must do if he desices effects taken out of garnishee's hands, 
 ,, . 12 G.440. 
 court can abate, at monthly term. When may decide without a jury, 18 
 
 G. 842. 
 as to motion to abate, issued without reasonable cause, 18 6. 842. 
 
56 ATTACHMENT. 
 
 ATTACHMENT, In Genbeal, Continued. 
 when plaintiff may dismiss, at law and proceed on his, in equity, 20 G. 527. 
 who first to introduce evidence on motion to abate, 21 G. 158. 
 what evidence inadmissible on motion to quash an, 21 G. 158. 
 who can sue upon an, bond, 13 G 139. 
 when sale under, passes title. When void, 23 G. 409. 
 bonds of foreign insurance company in hands of State Treasurer not liable 
 
 to, 23 G. 509. ' 
 public ofa.cer of State not liable under an, when, 23 G. 509. 
 y/hat prima facie evidence that counsel was authorised to defend, 26 G. 7B5. 
 ■ when sale of negotiable note valid against an, 28 G. 1. 
 When property not liable to, by vendor's creditors, 28 G. 418. 
 shares of stock in a corporation may be attached, 29 G. 502. 
 Jffoceedings in such a case. The, may be at law or ia equity, 29 G. 502. 
 effect of, by creditor of partnership effects of bankrupts, 29 G. 650. 
 purchaser vrithout notice of undocketed, holds free of it, 30. G. 292. 
 judgment cannot be given on, until claim against debtor established, 30 G. 
 
 547. 
 what judgment as to attached property county court may make at a 
 
 monthly term, 30 G. 547. 
 what constitutes a residence in the State within meaning of, law, 30 G. 
 
 718. 
 when assignment to trustee to pay debts good against an, 31 G. 126. 
 when case proper remedy for damages sustained by reason of an, 31 6. 
 
 651. 
 how far record in, evidence in suit for damages, 31 G. 651. 
 how damages assessed. How separate attaching creditors liable, 31 G. 
 
 651. 
 when parol evidence inadmissible to show property held under one, only, 
 
 31 G. 651. 
 whenaffidavit required for an, in equity may be made, 22 G. 205; 11 G. 
 
 610. 
 when plaintiff in, in equity, entitled to proceeds of land in preference to 
 
 debtor's assignee in bankruptcy, 22 G. 205. 
 what afadavit sufficient in, in equity against an absent defendant, 32 G. 
 
 558. 
 remedy if ia such case affidavit is defective, 32 6. 558. 
 when decree of sale made in, suit without bond required by Code 1S73, eh. 
 
 148 ?24, 32 G. 558. 
 when evidence in, suit cannot be first objected to in appellate court., 32 G. 
 
 558. 
 effect of service of process in, suit, out of the State and out of the suit, 32 
 
 G. 558. 
 claim to property attached must be passed on by a jury, 32 G. 558, 
 when suit dismissed for failure to secure costs. Order of appellate court, 
 
 33 G. 558. 
 when, creditor has priority over assignee of a legacy. When nod 1 P & 
 
 H. 101. 
 
ATTACHMENT. 57, 
 
 ATTACHMENT, In General, Continued. 
 sei-vice of, on executor before qualification binds legacy of absent defend- 
 ant, 1 P. & H. 101. 
 when an, may be levied on lands, J. 58. 
 
 nature of debt which can be collected by process of, 2 P. & H. 43. 
 proceedings in, in equity must conform strictly to rules of pleading, 2 P, 
 
 & H. 144. 
 no lien created by, in equity if partners' names incorrectly stated, 2 P. & 
 H. 144. 
 2. Against Absconding Debtor : 
 from what county magistrate's, can issue, 3 C. 413. 
 judgment on, should be first against debtor and then against garnishee, 3 
 
 C. 455. 
 when original, should not have been granted; prior to act of Jan. 1806, 2 H. 
 
 & M. 308. 
 creditor should make complaint and give bond in person, 2 H. & M. 308. 
 when and how, irregularly issued quashed. How plea in abatement to, 
 
 should conclude, 2 H. & M. 308. 
 when special bail to replevy effects and a plea to the action received, 6 M. 
 
 585. 
 one partner can sue out an, though debt not due, when, 3 L. 719. 
 Act 1 E. C. ch. 123 §14 construed, 3 L. 719. , 
 
 bond executed by one member of a firm is good, 3 L. 719 ; 7 L, 308. 
 must be regular on its face, and defect cannot be supplied by averment, 7 
 
 L. 308. 
 when, levied before suit by debtor's wife for divorce, gives preference to at- 
 taching creditors, 2 Gr. 350, 
 need not state nature of debt, 6 G. 96. 
 
 proper bond when, is by one partner in the firm name, 6 G, 96, 
 subsequent attaching creditor may contest validity of prior, 6 G. 96. 
 when, cannot be maintained on account which has been closed by note, 6 
 G, 96. ' 
 3. For Contempt : 
 when sequestration cannot issue on sheriff's return on an, 1 H. & M. 310. 
 when order against person not a party, to deliver property, enforced by, 2 
 
 H. & M. 8. 
 until what time, to enforce decree against absent defendant not awarded, 4 
 
 H.&M. 403. 
 how, for not obeying order of superior court of chancery executed, 4 H. & 
 
 M. 437. 
 what not sufficient service of. When, with proclamation should issue, /4 
 
 H. & M, 442. 
 chancellor should enforce by, an injunction awarded by judge of Court of 
 
 Appeals, 1R.206. 
 if decree disobeyed, will be for disobedience of what is decreed, 1 E. 242. 
 rule to show cause should be served on witnfcss before court issues an. 1 
 V. C. 333. 
 
 & 
 
58 ATTACHMENT. 
 
 ATTACHMENT, Foe Contempt, Continued. 
 not necessary if contempt is in open court. Object of an, for contempt, 2 
 
 V. C. 408. 
 proceedings on rule to show cause why an, should not issue, 3 V. C. 408. 
 should not he awarded for disobedience of an uncertain decree, 5 M. 442. 
 when, should not issue against clerk of Executive Council, 3 V. C. 49. 
 when common law court cannot compel executors to pay a legacy by, 31 
 G. 784. 
 
 4. FOKEIGN ■ 
 
 when order can be made. What notice to defendants to hold effects, 4 H. 
 
 & M. 440. 
 how decree in, should be entered, 4 H. & M. 443. 
 quxre, whether endorsement on subpcena, without order of court, operates 
 
 as an, 2 M. 53. 
 when on, court can decree balance due from garnishee to debtor, 3 E. 434. 
 if absent debtor files answer without giving security and creditors waive 
 
 it, is discharged, 2 L. 25. 
 what part of decree home defendant appealing on, can contest, 2 L. 512. 
 garnishee may set up any equitable defence showing he does not owe 
 
 defendant, 3 L. 113. 
 order of court on, in equity to subject lands, when part only of debt is 
 
 due, 3 L. 272. 
 ^hat must be averred and proved to give jurisdiction under 1 E. C. ch. 
 
 123, 3 L. 299. 
 liow absent defendant must proceed to correct erroneous decree, 10 L. 507. 
 what mihpoina, &o., sufficient as an. Priority of, determined, 12 L. 406. 
 what decrees in, in equity erroneous, 12'L. 379. 
 lies against corporation of another State, 1 Eob. 573. 
 demurrer to plea sustained, parties showing no interest in controversy, 2 
 
 Eob! 206. 
 when deed of trust executed between issuing and return of, preferred, 2 
 
 G.497. 
 interest of absent debtor in an estate subject to, in hands of administrator, 
 
 3 G. 133. 
 priority among attaching creditors. On what, a lien, 6 G. 360. 
 on lessee of lands, only binds rent due at time of service, 6 G. 454. 
 party having debtor's property entitled to pay for keeping it as against 
 
 the attaching creditors, 7 G. 152. 
 creditor of deceased debtor may attach land, &c., descended to non-resident 
 
 heirs, 8 G. 260. 
 interest of wife of non-resident in h^r father's estate liable to, for hus- 
 band's debt, when, 8 G. 289. 
 when lien of, in such case defeated by husband's death, 8 G. 289. 
 assignee of bonds secured by a trust deed is prior to, made after assign- 
 ment, 8 G. 533. 
 attaching creditor given personal decree against debtor though the pro- 
 perty adjudged to another, 8G. 533; 7 G. 152; 11 G. 610. 
 
ATTACHMENT— ATTOKNEY AT LAW. 59, 
 
 ATTACHMENT, Fokeign, Continued. ' 
 land of absent defendant liaWe in hands of purchaser -vyho has not paid 
 
 for it, &c., 8 G. 104. 
 absent defsndant who does not appear in lower court cannot appeal, &GL 
 
 349. 
 joint decree reversed .on appeal of one of the joint defendants, 8 Gr. 349, 
 when plaintiff in, may enjoin sale under subsequent, 10 G. 284. 
 affidavit of non-residence need not be filed before process issues, 10 G. 284. 
 effect of endorsement on, what need not be stated in it, 10 G, 384. 
 what sufficient to show debtor has quit the State, 10 G. 884. 
 guarantor may maintain, against principal before he has paid the debt, 10 
 
 G. 284. 
 when bill in nature of an, lies, to set aside a fraudulent deed of land, 10 
 
 G. 149. 
 in equity lies when debtor has estate in county where suit i§ brought, 11 
 
 G. 610. 
 affidavit may be either before or after the bill is filed, 11 G. 610. 
 when statute of limitations a bar, 11 G. 26. ' 
 
 will lie for claim on contract of bailment made out of the State, 1 L. 285. 
 what prima facie evidence that counsel was authorized to defend, 26 G. 765. 
 in, in equity agent of plaintiff may make afiSdavit, 26 G, 765. 
 what makes bUl in, a part of the affidavit, 26 G. 765. 
 ATTEMPT TO COMMIT CRIMES ; see Criminal Jurisdiction and Proceedings. 
 what necessary to constitute offence under act 1848 ch. 11 ^12, 6 G. 706. 
 what indictment for attempt to commit an offence should charge, 6 G- 675. 
 what a good indictment for an attempt to commit a felony, 8 G. 609. 
 ATTOENEY AT LAW. 
 when payment to, good. When not, 1 W. 10 ; 1 C. 147 ; 7 G. 138. 
 receipt of, for debt discharges judgment, 1 C. 147. 
 what agreement by, does not biud clieut, 2 C. 498. 
 wh&t contract by, not champertous or illegal, 1 P. & H. 48, 
 quxre, whether endorsement, by, on snibposna, operates as an attachment, 2 
 
 M. 53. 
 notice requiring security for costs sufficient if giveiji plaintiff's, 4 M. 364. 
 what notice to take deposition given an, insufficient, 4 M. 371. 
 as to liability of trust subject for fees of, 1 P. &. H. 185. 
 demand by, on sheriff for money collected, sufficient, 4 M. 455. 
 cannot take debtor's bond in payment of debt due clieut, 5 R 639. 
 cannot practice in court of which he is clerk, 2 V. C. 222. 
 what contract between debtor and creditor for benefit of latter's, not usu- 
 rious, 2 P. & H. 110. 
 cannot commute debt due his client, 7 L. 277. 
 right to open and conelude argument, 7 L. 501, 
 
 qtiiere, whether, can execute a release of errors for principal, 2 H. & M. 268l 
 should ngt make complaint and giye bond in an attachment, 2. H. & M. 
 
 308. 
 paying costs no ratification of act of, in taking a bond for the debt, 7 L. 277. 
 
60 
 
 ATTORNEY AT LAW-ATTORNEY IN FACT. 
 
 ATTORNEY AT LAW, Continued. ' , ,. ^ ^.. ^„4„ 
 
 verbal dii'eotion to, to pay money may be tevoked by client or his admin 
 
 istrator, 9 L. 153 , 
 
 ^^re', can act 1 E. C. oh. 76 limiting fees be taken advantage of unless 
 
 specially pleaded, 1 P. & H 48. 
 as to vaUdity of contract between client and, 3 Eob. 192, 
 when equity will correct mistake of, who draws a deed, 3 G. 266. 
 powers as to debt put in his hands for collection, 7 G. 138 ; 27 G. 632. 
 may be employed to assist attorney for the commonwealth, 6 G. 684. 
 cannot argue against instruction of court, 15 G. 457. 
 when, can correct mistake and bind clients, wives as well as husbands, 18 
 
 G. 364. 
 authority of counsel in a cause, 22 G. 136, 493. 
 when equity relieves defendant misled by plaintiff's, 22 G. 136. 
 in cause, cannot take account ordered in said cause, 29 G. 697. 
 power to bind client by agreement with other party, 8 L. 316. 
 Uable for neglect, but gross negligence must be proved, 2 W. 203. 
 undertaking of, to conduct a suit sufficient consideration for a contract, 2 
 
 W. 203. 
 damages allowed against, failing to pay over money, 3 C. 200. 
 debt due for money collected by, on a judgment is a' simple contract debt, 
 
 1 H. & M. 427. 
 liable as a bailee for money collected, 21 G. 251. 
 when not responsible for loss of Confederate money collected, 21 G. 251 ; 27 
 
 G. 632., 
 council of Eichtoond may tax. How tax may be laid, 23 G. 464. 
 quxre, if evidence of, who wrote bond admissible to prove fraud, 2 M. 105. 
 cannot give evidence of facts imparted by client, 4 M. 273. 
 letter of mortgagee to his, admitting mortgage debt paid, when evidence, 
 
 10 L. 63. 
 what privileged communications, and not evidence, 21 G. 822. 
 exempt from arrest in civil suits while attending court, 4 C. 97. 
 proceedings of court on malpractice of, committed in its presence, 6 L. 619. 
 is not an officer, 1 M. 468 ; 33 G. 443, 510. 
 need not take duelling oath to be admitted to the bar, 1 M. 468. 
 failure of, to collect debt held not negligence in this case, 33 G. 251. 
 practising as an, not an abandonm'ent or forfeiture of office of county judge, 
 when, 33 G. 443, 510. 
 ATTOENEY IN FACT, 
 suit cannot be maintained in name ofan, 1 H. & M. 471. 
 no particular form necessary in signature of deed by, 4 H. & M. 184, 
 contract between, and his employer. Not liable for surveyor's mistake, 1 
 
 M, 238, 
 what payment by, a waiver of the equity in behalf of principal to a bond, 
 
 5 M. 98. 
 principal bound by act of, under a power, though power verbally declared 
 
 to be for special purpose only, 6 M. 428, 
 what deed held not the deed of principal, 8 L, 158. 
 
ATTORNEY IN FACT— AUTREFOIS ACQUIT. 61 
 
 ATTORNEY IN FACT, Continued. 
 case of power to sell land being revoked by grantor's death, 11 L. 136, 
 general power to act for principal does not give, right io pledge property of 
 
 principal for his own debt, 1 Eob. 143. . 
 
 confession and stay of judgment authorised by power given in this case, 2 
 
 Eob, 305. 
 letter authorising two to use name as endorser is a joint power, 1 G, 226. 
 power to, to endorse names of principals construed, 1 G-, 234, 
 authority to make a joint endorsement does not authorise a several one, 
 
 1 G. 234, 
 deed of, held deed of principal, 5 G. 110; 8 G. 241. 
 what a suificient execution of a deed by an, 5 G. 110. 
 as to powers implied by signature of a blajik note left in hands of, 33 Q. 
 
 377. 
 ATTOENEY FOE THE COMMONWEALTH, 
 how fee taxed in case against four for an assault, 4 L. 650. 
 in circuit superior court may be removed by court at its pleasure, 6 L. 639. 
 AUCTIONEEE. 
 entry by, or his clerk, suflScieht memorandum under statute of frauds, 7 
 
 L.165. 
 when principal must lose by fiiUnre of purchaser if, allowed to sell goods 
 
 on credit, 12 L. 173, 
 AUDITOE, 
 
 quxre, is liable for loss of certificate left in his office, 5 C. 128. 
 
 redress of party injured by refusal of executive to direct, to issue warrants, 
 
 4 E. 541. 
 when, compelled by mandamus to deliver land and property books to a 
 
 commissioner of the revenue, 33 G. 368. 
 
 AUTHENTICATION. 
 
 « 
 what a due, of a statute of Ohio under the act of Congress, 11 G. 477. 
 
 what a due, of a deposition, 11 G. 516. 
 
 AUTEEFOIS ACQUIT ; see Criminal Jurisdiction and Proceedings. 
 
 what plea of, should be rejected, 5 E. 669. 
 
 plea of, not sustained by record in this case, 1 V. C. 164. 
 
 prisoner must prove truth of plea of, by the record, 1 V. C. 188. 
 
 to what indictment plea of, of forgery no bar, 2 V. C. 89. 
 
 plea of, as to shooting one no bar to indictment for shooting another, 2 V. 
 
 C. 273. 
 plea of, as to burning barn of one no bar to indictment for burning bam of 
 
 another, 2 V. C. 325. 
 discharge under nolle prosequi will not support plea of, 2 V. 0. 345. 
 when discharge by examining court a bar to another prosecution. When 
 
 not, 14 G. 570. 
 plfea of, will be sustained if good in substance, 23 G. 915. ' 
 
 plea of, held a bar in this case, 23 G, 915. ^ 
 
 plea of, held bad, former acquittal not having been on the merits, 27 G. 
 
 934. 
 what may be stated as to former trial, on a plea of, 27 G. 954. 
 
62 AUTREFOIS CONVICT— AWARD. ' 
 
 AUTREFOIS CONVICT ; see Oriminal Jurisdiction and Proceeding!. 
 conviction for advising one slave to abscond no bar to prosecution for 
 
 advising another to do so, 7 Gr. 593. 
 what plea of, a good plea in bar, 2 V. C. 139. 
 
 a fraudulent conviction no plea in bar to an indictment, 2 V. C. 501. 
 when judgment on verdict of guilty reversed but prisoner tried again, 20 
 
 G. 848. 
 AVERAGE, 
 when cargo does ngt contribute to loss of ship, 4 C. 346. 
 if there is jettison of deck load to -avoid danger of sea the owner is not 
 
 entitled to general, 12 L. 391. 
 parol evidence admissible to prove goods were to be shipped on deck, 12 
 
 L. 391. 
 
 AWARD; see Arbitration. 
 
BAIL. 63 
 
 B. 
 
 BAIL. 
 
 1. In geneeal. 
 
 8. Special. 
 
 3. Bond. 
 1. In Genebal : 
 
 if, for appearance not required judgment should not be against sheriff, 1 
 
 W. 153. 
 piece given by one defendant need not notice the other, 1 "W. 254. 
 is discharged by surrender of principal to sheriff, 1 "W. 313. 
 not required in debt on bonds with collateral condition, 2 W. 181 ; GiL 
 
 191 ; 4 E. 413. 
 when motion to surrender principal made in due time, 2 W. 213. 
 when failure to award as to, does not vitiate award, 2 C. 106. 
 not required in debt for the penalty of a statute, 6 C. 345, 
 sheriff must judge for himself whether to demand, 6 C. 245. 
 when judgment should be against defendant and appearance, 1 H. & M. 
 
 329; 2M.334; 3 M. 121. 
 what facts necessary to charge one as, 1 H. & M. 423. 
 when oifice judgment should not be against defendant and, 1 H. ScM,. 423. 
 if office judgment is against defendant and, copy of bond should be in record, 
 
 1 H. & M. 423. 
 when judgment against appearance, set aside without defendant's pleading 
 
 to issue, 2 V. C. 217. 
 only responsible for amount of bond, though verdict for more, 2 V. C. 334. 
 when equity will not.relieve appearance, whose recognizance is not given to 
 
 clerk, 4 E. 113. 
 what discharges appearance, 6 R. 165 ; 1 H. & M. 330. 
 when equity wUl relieve, against a judgment at law, 5 L. 296. 
 not demandable as of right on joint action against drawer and endorser of 
 
 negotiable note, 4 E. 152. 
 it is a safe rule dlways to require a bail piece, 3 M. 119. 
 when, making no defence at law not relieved in equity, 2 M. 448 ; 5 E. 543. 
 when, discharged by death of defendant in action of covenant, 3 M". 225. 
 what insufficient to make party liable as appearance, 3 M. 487. 
 what no satisfaction of judgment nor discharge of, 4 M. 516. 
 how long debtor surrendered by, after judgment can be held in custody, 
 
 3 M. 339. 
 when surrender of principal by, no bar to a ea. sa. against him, 4 M. 516. 
 when motion to discharge, too late. Hew discharge obtained, 1 L. 476. 
 when surrender of principal on return day of sci. fa. too late to discharge, 
 
 7 L. 371. 
 vrhen plaintiif cannot sue sheriff for taking insufficient, 4 L. 276. 
 affidavit of third person or agent sufficient, 3 E. 50. 
 affidavit should be in writing. Qusere, if it should be filed with process, 1 
 
 L. 476. 
 plaintiff cannot be deprived of legal advantages gained against, 4 E. 498. 
 
64 BAIL. 
 
 BAIL, In Geneeal, Continued. 
 what improper judgment on sd. fa. against, what judgment proper, 2 G. 193. 
 what no defence in sci.fa. against, on recognizance in felony case, 10 G, 627. 
 what need not be averred in declaration on recognizance against, 10 G. 627. 
 act 1850-51 p. 36 construed, 10 G. 641. 
 
 interrogatories may he filed to defendant in custody of, 10 G. 641. 
 «ci. fa. on recognizance properly placed on docket of term to which return- 
 able, 24 G. 31. 
 what not a variance between sci. fa. and recognizance, 24 G. 31. 
 fact that prisoner was made deputy marshal does not release sureties in 
 
 his recognizance, 24 G. 31. 
 what continuance of trial of sci. fa. does not discharge, 24 G. 31. 
 a justice cannot grant, after examining court has refused it or sent prisoner 
 
 on for trial, 3 G. 78 
 a justice can only ttike recognizance of, after examining court has fixed its 
 
 amount, 3 G. 78, 214. 
 what recognizance must show on its face in such case, 3 G. 78, 214. 
 person indicted for felony admitted to, if confinement endangers his life, 6 
 
 G. 705. 
 when court should refuse motion for, 5 E. 646. • 
 when justice can, prisoner, and recognizance good, 5 E. 711. 
 when general court can admit prisoner to, 11 L. 665. 
 sureties of infant admitted to, enter into recognizance without him, 11 L. 
 
 665. 
 when prisoner acquitted on one indictment admitted to, as to others. When 
 
 not, 11 L. 677 ; 2 Eob. 767. 
 what necessary before sci. fa. can issue against, 1 P. & H. 427. 
 wheil, on sci.fa. against, there must be ten days between service of writ and 
 next term of court, 1 P. & H. 427. 
 2. Special : 
 plea by, that principal was confined by legal process unavailing, 5 C. 296. 
 when appearance, may enter himself as, 1 H. & M. 22. 
 what appearance bail becoming, allowed to prove, Gil. 228. 
 entry of, by appearance bail virtually sets aside judgment against him, 2 
 
 V. C. 217. 
 appearance baU cannot be entered as, by clerk unless court so directs, 4 E. 
 
 498. 
 when appearance baU is required defendant cannot appear at rules without 
 
 giving, 1 M. 284. 
 when, received in behalf of defendant in an attachment, 6 M. 585. 
 sci. fa. against three, on several recognizances quashed, 2 L. 555. 
 demurrer to sd.fa. upon a recogpizance of, is regular practice, 2 L. 555. 
 what a good recognizance Of, under 1 E. C. ch. 128 §53, 4 L. 462. 
 what entitles judgment creditor to recourse against, 7 L. 371. 
 when court will rule defendant to give, 8 L. 411. 
 surrender of principal to sheriff discharges, 3 M. 119. 
 appearance bail discharged if court allow principal to appear, &c., without 
 
 giving, 4 M. 437. 
 when equity will not relieve, from a judgment, 9 G. 255. 
 
BAIL— BANK. 66 
 
 BAIL, Continued. 
 3. Bond : 
 judgment cannot be against deputy sheriff for not taking, 1 W. 325 
 ■when p^rty may plead non eat factum of, after office judgment, 6 M. 312. 
 person not executing, need take no step at law but relieved in equity, 6 M. 
 
 313. 
 sheriff making return that defendant is committed to jail loses his remedy 
 
 on, 2 E. 455. 
 if office judgment entered against defendant and bail the, should be in the 
 
 record, 1 H. & M. 423. 
 when judgment on, erroneous, 4 M. 227 ; Gil. 152. 
 
 when it is duty of officer directing bail to ascertain penalty of, 2 V. C. 334. 
 writing purporting to be a, but mentioning no sum is void, 4 E. 177. 
 what recital in, not error sufficient to reverse judgment,, 6 E. 101. 
 given to sheriff of county Is good. Condition need not fix time and 
 
 place of appearance, 6 E. 101 . 
 plaintiff who obtained judgment on, caimot sue sheriff for returning a de- 
 fective, 4 L. 276. 
 BAIL BOND; see BmV. 
 BAILMENT ; see Carrier. 
 
 entry by plaintiffs clerk insufficient to hold defendant for goods on, 1 W. 
 
 172, 
 miller held to be bailee of wheat of customers left at his mill, 1 R. 3. 
 qusere, if, of slaves fraudulent under 1 K. C. ch. 101 §1, 5 L. 6. 
 case of damages for death of slave worked by defendant in his mine, 7 L. 
 
 383. 
 bailee hiring slave for farm labor and using him as a boatman liable for 
 
 his loss. 8L.565. 
 bailee of chattels may bring detinue for them on his right of possession as 
 
 bailee, 9 L. 158. 
 contractors held liable for loss of slaves hired to them, 12 G. 153. 
 when hirer of slave liable for injury done him, 16 G. 393, 
 a deposit of money in a bank is aj loan and not a, 18 G.509. 
 finder of a note may sue bailee for it. What he must prove, 28 G. 601. 
 what care required of a bailee without reward, 28 G. 601. 
 when bailee not liable for money of which he has been robbed, 31 G. 469. 
 BANK, 
 unchartered, cannot sustain action on bond given for its bank notes, 1 B. 
 
 76. 
 of another State may sue in Virginia but cannot enforce primary contract 
 
 made in Virginia, 2 E. 465. 
 what land, may hold under charter to hold what is requisite for its busi- 
 ness, 3 E. 136. 
 laws establishing banks are public laws and noticed by courts ex officio, 5 
 
 E. 132. ' 
 
 may retain out of money on deposit amount of note of deceased debtor due 
 
 it, 3 L. 695. 
 usage of banks in Virginia in discounting notes is not usurious, 5 L. 251. 
 
 9 
 
66 BANK— BANK NOTE. 
 
 BANK, Continued. 
 
 process in this case did not bind Bank of Virginia, 6 L. 399. 
 
 constitutionality of law authorising, to subscrilie to stock of internal im- 
 proYement company, 8 L. 120. 
 
 on general issue, if plaintiff, must prove its incorporation, 9 L. 240. 
 
 how suit brought underact of March 19th, 1832, 11 L. 372; 12 L. 84. 
 
 act December 11th, 1839, construed. Right of, to recover premium from 
 the State, 2 Eob. 737. 
 
 there is no warranty of value on sale of a bank note, but there is a war- 
 ranty of the genuineness of not* sold, 1 G. 359. 
 
 act of March 22d, 1837, as to appointment of directors of, construed, 5 G. 
 174. 
 
 a deposit of money in a, is a loan and not a bailment, 18 G. 509. 
 
 person getting votes of majority of directors voting declared elected pres- 
 ident of a, 12 G. 303. 
 
 when debtor cannot pay, in notes of branch, 21 G. 593. , 
 
 as to liability of maker of check if payee delays presenting it to, 21 G. 1. 
 
 what pleas good in suit on a note by an unchartered banking company, 12 
 G. 28. , 
 
 creditors not having a lien share ratably in assets of, in liquidation, 18 G. 
 509. 
 
 going into liquidation cannot prefer any of its creditors, 19 G. 739 ; 20 G. 
 327; 25 G. 378. 
 
 when debtors of insolvent, cannot pay their debts with notes of the, 19 G. 
 739; 20 G. 327; 25 G. 378. 
 
 act M|irch 3d, 1864, as to paying debts due banks to their branches not bind- 
 ing on former, 20 G. 457. 
 
 what not a ratification by, of acts of its branch, 21 G. 593. 
 
 president has not authority to release maker of a note to, from liability, 22 
 G.51. 
 
 check must be presented in a reasonable time in order to bind drawer, 22 
 G. 739.' 
 
 when drawer of ^ check liable if, fails. "When not, 22 G. 739. 
 
 when plea of tender of its notes in payment of debts due, bad, 25 G. 378. 
 
 how insolvent, may be wound up, 27 G. 365. 
 
 loans made by national, on real estate not invalid, 31 G. 228. 
 
 what sufficient presentation of note payable at a, which has ceased busi- 
 ness, 31 G. 348. 
 
 when suit may be brought on a note in name of, for benefit of its trustees, 
 31 G. 348. 
 
 meaning of certain words in bond of cashier construed, 2 P. & H. 277. 
 
 what provision in charter of, directory only, 2 P. & H. 277. 
 
 when cashier estopped to deny that certain duties were prescribed by the 
 directors of a, 2 P. & H. 277. 
 BANK NOTE. 
 
 when owner of, can recover whole of, though one-half thereof be lost, 6 M. 
 166; 4 R 186. 
 
 when in such case the holder will not recover interest and costs, 4 R. 186. 
 
BANK NOTE— BANKRUPT. 67 
 
 BANK NOTE, Continued. 
 what negligence precluded plaintiff from recovering for a counterfeit, 7 L. 
 
 617. 
 debt does not lie on a promise to pay a named sum in bank notes, 8 L. 514. 
 finder of, may sue bailee for it. What he must prove, 28 G. 601. 
 BANK OFFICER; see Bank 
 
 sureties of accountant not liable if he take money from teller's drawer, 6 
 E. 204. 
 BANKRUPT, 
 discharge tinder, law of Maryland not good in Virginia, 6 C. 271. 
 discharged subsequent to a judgment against him may enjoin execution 
 
 on said judgment, 6 G-. 64. 
 when holder of bond assigned after bankruptcy entitled to it as against as_ 
 
 signee in bankruptcy, 7 G. 330. 
 sureties of a public ofScer not excluded from, act of 1841, 10 Gr. 494. 
 act of 1841 does not discharge, from his liabilities to the State, 10 G. 494. 
 lien of a judgment not defeated by the'discharge of; it may be enforced in 
 
 State courts, 10 G. 580. 
 rights of creditors of, who have not proved debts, to contest discharge and 
 conveyances for fraud, 13 G. 15. , ,i 
 
 effect of a discharge. In what court it may be attacked and by whom, 13 
 
 G. 15. 
 who the proper assignee of the, in this case, 22 G. 195. 
 bankruptcy being suggested on the record, further proceedings not taken 
 
 inname of, 22 G. 195. 
 rights and powers of assignee in bankruptcy as to collecting assets, 22 G. 
 
 195. 
 plea of bankruptcy in action of slander not a good plea, 2-5 G. 343. 
 what rights of action transferred to assignee under, law. What not, 25 G. 
 
 343. > 
 
 debt created by fraud, whether express or implied, discharged by, law, 25 
 
 G. 642. 
 when creditor of, cannot enforce his lien in State court, 27 G. 33, 
 what are fiduciary debts within meaning of, law. What not, 29 G. 280. 
 hox, when and where creditor of, partners may enforce claim, 29 G. 650. 
 what estate of, is vested in his assignee, 30 G. 400, 531. 
 how creditor having lien on estate of, may enforce lien and get share in, 
 
 court, 30 G. 400. 
 when State court may hold case though defendant declared a, 30 6. 531. 
 when assignee of, concluded by action of State court, 30 G. 531, 
 when verbal promise to pay old debt binding on, 2 P. & H. 616. 
 moral obligation a good consideration for new promise, 2 P. & H. 616. 
 as to declaration in assumpsit on new promise to pay debt discharged in 
 
 bankruptcy, 3 P. & H. 616. 
 when assignee of defendant, should be made a party to suit, 28 G. 850. 
 when court should adjudicate right of, to a homestead, 28 G. 850. 
 parties having decrees against debtor who becomes a, may sue representar- 
 tives of his surety to subject his land, 33 G. 548. ' \ 
 
68 BAR— BASTARD. 
 
 BAR ; see Estoppel. 
 when judgment founded on evidence of non tenure is a, to another suit, 2 
 
 C. 555, 574. 
 a contract without a consideration is no, to legal rights, 3 C. 439. 
 judgment in former suit a, to another unless two subsisting debts be shown, 
 
 4C. 99 
 when a judgment is a, to a second case, 4 C. 379. 
 ' lapse of time is a, to bill for specific performance if there has been no part 
 
 performance, 5 C. 514. 
 judgment in separate action against one of several guilty of assault and 
 
 battery is a, to action against others, 2 H. & M. 355. 
 how far the record of a judgment is a, 4 H. & M. 455. 
 taking body of one of two joint obligors does not, action against the other, 
 
 1 M. 175. 
 
 when decree is a, to second bill to try the validity of deed which was 
 
 ground of first bill, 2 M. 162. 
 what agreement between debtor and creditor is a, to the act of limitations, 
 
 2 M.,316. 
 
 when judgment on a motion is and is not a, to another motion for same 
 cause of action, 3 M. 184. 
 
 pendency of bill in county court no, to plaintift's getting another injunc- 
 tion from superior court of chancery, 3 M. 488. 
 
 dismission of suit by plaintiff's order no, to his bringing another for same 
 cause of action, 4 M. 207. 
 
 when verdict and judgment in ejectment not a, to subsequent ejectment, 
 6 M. 433. 
 
 judgment for defendant on pleadings not going to the foundation of the 
 action no, to another suit, 6 M. 573. 
 
 in suit against surety on bond plea that creditor had agreed to give princi- 
 pal time no, to the suit, 7 L. 501 ; see 6 M. 6. 
 
 when special plea in, is too late, 7 L. 325. 
 
 qusere, if bill dismissed on demurrer is, to another suit for same subject 
 matter, 1 G. 108. 
 
 BASTARD. 
 
 issue of woman by second husband during life of the first legitimate after 
 father's death, 5 C. 143; 3 H. & M. 228. 
 
 child born in 1774 legitimated by subsequent marriage and acknowledg- 
 ment by parents, 5 C. 439 ; see 3 H. & M. 229, note. 
 
 child born before Jan. 1, 1787, and recognized by will of father made after 
 that date legitimated, 3 H. & M. 225. 
 
 husband's declarations that child born in wedlock is not his, is not suffi- 
 cient to prove it illegitimate, 2 M. 442. 
 
 how estate of intestate, went in this case under statute of Virginia, 8 L, 368. 
 
 evidence that a child was a mulatto held proper and admissible, 10 L. 560. 
 
 when child of a, may inherit through his mother from her father, 2 G. 203. 
 
 it is sufficient if one overseer of poor executes indentures binding out a, 5 
 G. 285. 
 
BASTARD— BILL IN EQUITY. 69 
 
 BASTARD, Continued. 
 
 father of, ordered to pay overseers of poor though they had paid nothing 
 for its support, 9 G. 139. ' 
 
 what father of, required to pay overseers of poor in this case, 8 G. 20. 
 
 when illegitimate child takes under a will equally with legitimate chil- 
 dren, 15 G. 588. 
 BEAUMAECHAIS. 
 
 gtwere, whether rate of depreciation adopted in this case applicable to other 
 oases, 5 C. 107. 
 BENEFIT OF CLERGY. 
 
 when prisoners entitled to, 1 V. C. 114. 
 BIGAMY. 
 
 what sufficient evidence to prove former marriage on a trial for, 2 V. C, 95 ; 
 9 L. 639. 
 
 what proof as to former marriage in another State necessary. Admissions 
 and acts of prisoner admissible, 17 G. 582 ; 21 G. 800. 
 BILL OF DISCOVEEY. 
 
 may be filed against executor to discover assets, 1 "W. 166. 
 
 when discovery is sought by the bill the answer is entitled to credit, 1 C. 
 280 
 
 mode of proceeding by defendant if bill is imperfect. Equity has jurisdic- 
 tion of, 1 C. 382. 
 
 all interested in estate for conveyance of which suit is brought should be 
 parties to a, 1 H. & M. 330. 
 
 may be brought against executor and all interested after judgment against 
 him and return of "no effects," for discovery of assets, 2 H. & M. 8. 
 
 when lies, -^hen not, 4 H. & M. 478. 
 
 when equity will on a, decree compensation for deficiency in land, 1 M. 63. 
 
 when on, equity will decide cause though relief might have been had at 
 law, 1 M. 98. 
 
 what averment necessary in a, to give court jurisdiction, 2 M. 290. 
 
 when, to obtain evidence which might have been useful in trial at law 
 must be filed, 6 E. 125. 
 
 gitasre, whether creditor at large may.bring a, and for account of assets and 
 satisfaction, 6 L. 504. 
 
 may be filed calling on defendant to answer whether he did not make a 
 new promise which took bond out of statute of limitations, 10 L. 284. 
 
 when defendant not bound to answer. How objection to, taken advan- 
 tage of, 1 G. 108. 
 
 when fact that a prosecution would be barred by act of limitations should 
 be stated in, 1 G. 108. 
 
 will lie against agent by administrator of principal for discovery and ac- 
 count, 33 G. 451. 
 BILL IN EQUITY; see Creditor's Bill; Equity. 
 
 may be demurred to if objection is apparent on its face, 1 H. & M. 18. 
 
 when, against attorney general equivalent to a petition, 3 H. & M. 548. 
 
 under prayer for general relief plaintiff cannot recover claim distinct from 
 that demanded, 3 M. 29. 
 
70 BILL IN EQUITY. 
 
 BILL m EQUITY, Continued. ■> 
 
 when final decree insult by legatees a bar to, against executor, 3 M. 83. 
 
 can plaintifif amend as of right after cause set for hearing, 3 M. 102. 
 
 when executor may bring, for services on a quantum meruit against co-ex- 
 ecutors and legatees, 3 M. 222. 
 
 a fact not charged in, nor put in issue cannot be relied on, 4 M. 273. 
 
 defect in charging part of, cannot be supplied by a subsequent interroga- 
 tory, 4 M. 273. 
 
 to what, act of January, 1804, does not apply, 6 M. 397. 
 
 when decree dismissing, afiirmed without prejudice to another suit, 6 M. 
 20. 
 
 it is error for, to pray that testimony be perpetuated and also for relief, 3 
 K. 41. 
 
 plaintiff in cross, cannot contradict his answer in original suit, 3 11. 117. 
 
 when bill of peace will not lie, 3 E. 394. 
 
 on a void guardian's bond dismissed, though taken for confessed as to a 
 surety, 1 G. 310. 
 
 defendant in equity wishing to contest decree dismissing the, should file a 
 cross bill, 2 P. & H. 110. 
 
 proper function of an amended ; when improper to file, 2 P. & H. 144. 
 
 what, for dower of separate tracts of land aliened by husband to several 
 parties, not multifarious, 2 P. & H. 198. 
 
 when unnecessary to file exhibit referred to in, 2 P, & H. 664. 
 
 when, not dismissed for defect of parties, but amended, 3 G. 4. 
 
 creditor may file, to have trust deed executed if trustee refuse to act, 6 G. 
 174. 
 
 by legatees to enforce a former decree not multifarious, when, 7 G. 264. 
 
 when plaintiff may amend, and ask a rescission of contract, 9 G. 1. 
 
 for injunction to a judgment showing no equity on its face, dismissed with- 
 out answer, 9 G. 40. 
 
 when party suing in wrong character may amend, 9 G. 273. 
 
 what allegation in, will not constitute the answer evidence, 9 G. 277. 
 
 when court may pass on facts of case without requiring answer, 9 G.336. 
 
 when cause sent back from appellate court with leave to amend, 3 G. 4. 
 
 .when and how leave given to amend, 22 G. 136. 
 
 what averments in, treated as facts to be answered, 23 G. 342. 
 
 when claim not set up in, cannot be allowed, 23 G. 652. 
 
 when a, for discovery dismissed, 23 G. 802. 
 
 rules as to amendments and changes in, 26 G. 207, 
 
 when petition treated as a cross-bill, 26 G. 354. 
 
 when though original, dismissed cross-bill proceeded with, 29 G. 401. 
 
 what sufficient proof to sustain allegations of, 30 G. 652. 
 
 stating case too imperfectly to show merits should be dismissed, 4 C. 360. 
 
 in nature of quia timet must show grounds sustaining it, 4 C. 360 ; 2 P.- & 
 H. 225. 
 
 to set up lost bond need not be sworn to, 6 M. 202. 
 
 general allegation of fraud in, will not raise question of fraud, 13 G. 380. 
 
 not multifarious, 20 G. 672 ; 29 G. 112 ; 30 G. 726. 
 
BILL IN EQUITY— BILL OF EXCEPTION. 71 
 
 BILL IN EQUITY, Continued. 
 
 when a cross-bill may be filed, 12 G. 642. 
 
 when answer treated as a cross-bill, 18 G. 231. 
 
 when unnecessary for defendant to file cross-bill against'co-defendant, 28 
 
 G. 80. 
 in form of foreign attachment treated as a bill for equitable relief, 6 G. 363. 
 held multifarious in this case, 26 G. 291. 
 what allegation in, sufficient to require proof of due advertisement of sale 
 
 by a trustee, 2 P. & H. 67G. 
 who requisite parties to, for contribution against heirs who have received 
 
 estate under Louisiana laws, 2 P. & H. 664. 
 what amended, not inconsistent with original, 32 G. 170 ; 33 G.548. 
 supplemental, setting up difierent contract from original, is bad, 32 G. 185. 
 when a rule improper but a supplemental bill shcjuld be filed, 31 G. 533. 
 demurrer to, against an absent defendant not sustained, 11 G. 610. 
 what is a creditor's, what proceedings may be taken, &c., 27 G. 229. 
 what a proper case for a creditor's, against insolvent bank, 27 G. 365. 
 when appeal by railroad company on suit by creditor brings up all the 
 
 debts, 27 G. 777. 
 when error to decree sale of land on a creditor's, 27 G. 922, 
 when, not purporting to be a creditor's bill treated as such, 33 G. 548. 
 BILL OF EXCEPTION; see Exceptions. 
 refusal of court to direct nonsuit no ground for, 1 W. 87. 
 not good if plaintiff submits to a nonsuit, 1 W. 138. 
 isproper as to evidence received before verdict, 1 W. 340. 
 cannot be considered as a demurrer to evidence, 1 W. 357. 
 what statement in, will cause appellate court to presume proof of payment 
 
 1 C. 28. 
 when party cannot except, 1 C. 105, 123. 
 judgment reversed if, state facts imperfectly, 1 C. 215. 
 should be filed if inquisition improperly quashed, when, 1 0. 495. 
 how dissatisfaction of judge with vErdict shown by, 2 C. 369. 
 what admissible evidence and no cause for a, 3 C. 19. 
 if parol testimony admitted to explain deed, should show it, 3 C. 194. 
 when rule against justices for not signing, dismissed, 4 C. 485. 
 what allegations in, not presumed tiue if no proof of them in the record, 
 
 1 H. & M. 72. 
 affidavit on motion for continuance must be made part of record by, 1 H. 
 
 & M. 374. 
 when paper intended as a, to district court not such, 3 H.& M. 219. 
 frivolous, will not prevent Courtof Appeals from taking up case as a delay 
 
 case, 4 H. & M. 156. 
 judgment reversed if, shows party entitled to a continuance was forced to 
 
 trial, 4H.&M. 157. 
 ground of continuance must be stated in, to warrant reversal of judgment, 
 
 3 M. 170. 
 when defendant ruled to trial may file, and get relief at law, 4 H. & JVC. 180. 
 
72 BILL OF EXCEPTION. 
 
 I 
 
 BILL OF EXCEPTION, Continued. 
 duty of court when cause is brought upon on a, 4 H. & M. 200. 
 guiere, whether, must state that a prfvate act was given in evidence below, 
 
 4 H. & M. 270 ; 5 M. 324. 
 when, if varianoe between forthcoming hond and execution not stated in, 
 
 court will not reverse judgment, 2 M. 266.- 
 what, too imperfect to enable court to give an opinion, 1 E. 461 ; 4 M. 373. 
 when reversal of judgment refused because lower court would not sign 
 
 and seal, 2 M. 478 
 quaere, what description of documents in, makes them part of the record, 
 
 2 M. 167. 
 when grounds of claim not mentioned in, considered excluded, 5 M. 542. 
 when on, to order refusing a new trial, it will be granted, 6 M. 18. 
 when, should not state evidence but the fiicts proved, 6 M. 125; 1 L. 340 i 
 
 2 L. 337. 
 one, cannot be referred to to supply omission in another, 3 E. 106. 
 cause remanded for a new trial if, state case imperfectly, 3 E 106 ; 1 L. 
 
 483; 2L. 321; 4L.1. 
 qussre, whether, setting out evidence, not facts, defective, 3 E. 475. 
 when, should state that record was offered, or court will presume the parol 
 
 evidence excluded was alone offered, 4 E. 317. 
 when, should state that evidence other than that rejected was offered, or 
 
 court will presume otherwise, 5 E. 666. 
 when appellate court will only decide pbints raised and decided by court 
 
 below, 1 L. 86. 
 judgment not reversed for excluding evidence unless, show, its relevancy, 
 
 1 L. 216. 
 when court right in refusing to certi fy facts proven, 1 L. 287. 
 quiere, as to proper course if judge refuse to certify a proper, 1 L. 287. 
 qusere, whether, in this case was well taken, 1 L. 340. 
 setting forth all the evidence held well taken in thesp cases, 2 L. 337 ; 9 L. 
 
 30. 
 stating evidence at large which is variant and conflicting is bad, 3 L. 196. 
 containing all the evidence of plaintiff, there being no other, good, 6 L. 135. 
 if court meant to certify facts, is good though in one place evidence stated, 
 
 6 L. 230. 
 if, states evidence admissible for two reasons, judgment will be affirmed if 
 
 either is good, 6 L. 611. 
 objection not appearing by the, to have been made below disregarded, 6 
 
 L. 85. 
 
 is defective if it neither states facts proven nor evidence given, 7 L. 608, 
 
 question as to competency of witness arising under, 8 L. 88. 
 
 reference in one, to instruction contained in another, is proper, 8 L. 565. 
 
 if evidence conflicting and new trial refused court should not certify facts 
 proved, 12 L. 466. 
 
 taken to admission of evidence, not waived by demurrer to all the evidence, 
 12 L. 524. 
 
BILL OF EXCEPTION— BILL OF EXCHANGE. 73 
 
 BILL OF EXCEPTION, Continued. 
 pleas presumed properly rejected unless ruling excepted to, 9 L. 347 ; 1 
 
 Bob. 591; 2 G. 193. 
 to admission of deposition must state grounds of objection, 2 G-. 344. 
 should state that objection to damages as excessive was taken below, 2 Gr. 
 
 366. 
 what objection not considered in appellate court unless shown in, 25 G. 321. 
 when, need not show what party expected to prove, 25 G. 361. 
 when appellate court will consider questions raised by the, 25 G. 361 . 
 objection to question asked witness not considered unless, shows his an- 
 swer, 25 G. 887. 
 county court cannot sign, in a criminal case, 2 V. C. 60 ; 1 V. C. 264. 
 after verdict against defendant and refusal of new trial, he cannot spread 
 
 the evidence on the record, 2 V. C. 353. 
 what court may state in, in a capital case, 1 L. 598. 
 to refusal of court to grant new trial in criminal case must state the facts, 
 
 12 G. 717. 
 must state facts when trial is by the court. How treated, 12 G. 615. 
 form of, when new trial refused, trial having been by the court, 13 G. 427. 
 how court treats, for refusal of new trial which states the evidence, 13 Gr. 
 
 587. 
 what, must show if court tries case. How considered in appellate court 
 
 22 G. 51. 
 when, well taken to refusal to grant new trial because verdict contrary to 
 
 evidence, 33 _G 519. 
 may show that evidence is certified, though it purports to certify facts, 22 
 
 G. 924. 
 when it is too late to except to ruling of court, 26 G. 320. 
 cannot be filed at next term after judgment is entered, 27 G. 530. 
 when mandamuslies to command judge to sign, 30 G. 415. 
 rule as to signing, when disregarded, 30 G. 415 . 
 rule as to notice of exception at time of ruling does not apply to case of a 
 
 fine, when, 30 G. 415. 
 what court will consider if, in criminal case sets out the evidence and not 
 
 the facts, 32 G. 912. 
 in such case judgment not reversed if commonwealth's evidence appears 
 
 to be true, 32 G. 912. 
 must be so framed as to make the error committed apparent, 33 G. 37. 
 how court will consider, which states evidence and not facts, 33 G. 136. 
 BILL OP EXCHANGE; see Check; Drawer and Endorser; Endorsement; 
 
 Endorser ; Pramiissory Note. 
 when principal bound to pay, if drawn by agent, 1 W. 19. 
 for sterling money, sterling money only recovered, 1 W. 115. 
 what is reasonable notice of protest on a foreign, 1 W. 331. 
 profert is not necessary in debt on a, 2 W. 143. 
 action of debt will not lie against acceptor of, 3 "W. 319. 
 qussre, if without a special count Assumpsit lies by endorsee against en- 
 dorser of, 1 C. 232. 
 
 10 
 
74 BILL OF EXCHANGE. 
 
 BILL OP EXCHANGE, Continued. 
 given for tobacco by agent authorized to buy grain not good against prin- 
 cipal, IC. 361. 
 notice of protest to drawer entitles holder to damages allowed by law, 1 
 
 C. 394. 
 act of 1748 not repealed until October 1st, 1793, 1 C. 394. 
 for sterling money, when plaintiff can only recover sum as current money, 
 
 1 C.394. 
 
 assumpsit lies for the purchase money of a lost, 3 C. 373. 
 
 acceptance of, does not entitle acceptor to charge drawer unless he ac- 
 
 -tually pay it, 4 C. 288. 
 when one endorsing, as security may recover amount of bill from drawer, 
 
 4 C. 402. 
 penalty for not giving notice of protest of an inland, 5 C. 358. 
 when if with count on, there are money couuia, court will presume latter 
 
 proved, 5 C. 358. 
 when person putting name on, in blank, liable as endorser. When not 
 
 liable, 6 C. 5. 
 when general acceptance of an order binds acceptor to the payee, 3 H. & 
 
 M. 319. 
 action of debt will not lie against acceptor of, 3 H. & M. 394 ; 2 M. 302. 
 when notice of refusal to accept or pay, need not be given endorser, 4 E. 553. 
 when statement of date of presentment held immaterial and plaintiflF al- 
 lowed to prove it was on third day of grace, 3 L. 196. 
 special usage as to presentment of, should be stated in declaration, 3 L. 196. 
 when proof of presentation on fourth day of grace does not support issue 
 
 joined, 3 L. 196. 
 if after protest drawer promise to pay, notice of protest need not be proved, 
 
 6 M. 487 ; 4 R. 164. 
 when notice of non-acceptance as well as of non-payment should be proved, 
 
 2 L. 321. 
 
 every endorser entitled to one day to give notice to party next before 
 
 him, 4 L. 37. ' 
 
 due diligence of each party should Jje shown. Onus prohandi is on the 
 
 plaintiff, 4L. 37. 
 bill drawn in Maryland on a person in Virginia is a foreign, 4 L. 37. 
 when notice sent to one office sufficient though the party generally received 
 
 his letters from another, 2 Gr. 171. 
 does not lose its negotiable character by protest, but may be assigned, 5 
 
 M. 388. 
 
 what protest must contain to make affidavit of notary competent evi- 
 dence, 2 G. 634. 
 
 whether bill in this case a Virginia or New York, 7 L. 189. 
 
 instrument held not a, 15 G. 163. 
 
 onus prohandi is on holder to show due notice of dishonor was given en- 
 dorser, 1 P. & H. 228. 
 
 what not proof of due diligence to serve such notice, 1 P. & H. 228. 
 
BILL OF EXCHANGE— BILL OF REVIEW. 75 
 
 BILL OP EXCHANGE, Continued. 
 who may give notice of dishonor of. When notice sufficient, when not, 1 
 
 P.&H.228. 
 postmark only prima facie evidence of mailing of notice, 1 P. & H. 228. 
 rights of acceptor of, 2 P. & H. 144. 
 presentment of this foreign, Ijeld regular, 7 L. 179. 
 
 BILL OF PARTICULARS ; see Declaration. 
 
 what statement in, will not admit proof of admission by defendant, 8 G.l. 
 
 what necessary when defendant relies on a specific payment or set-off 
 against a debt, 8 G-.»557. 
 
 set off is a note filed with the papqfs ; no other, is necessary, 8 G-. 110.. 
 BILL OF REVIEW ; see Equity. 
 
 queere, if superior court of chancery can grant a, to a decree of Court of Ap- 
 peals, 3 C. 183. 
 
 when Court of Appeals will correct commissioner's report if leave to file, 
 is refused, 4 C. 605 
 
 plaintiff must prove new matter alleged in, and that it was discovered after 
 decree, 5 C. 98. 
 
 appeal lies to Court of Appeals if chancellor refiises, showing just cause, 
 
 5 C. 459. 
 
 must suggest error in law or newly discovered matter, 6 C. 47. 
 
 when if decree has been confirmed by Court of Appeals a, should be granted . 
 
 When not, 1 H. & M. 13. 
 additional circumstances as to facts proved in cause no ground for a, 1 H. 
 
 6 M. 181. 
 
 when money paid under an attachment on an erroneous decree refunded 
 
 on a, 1 H. & M. 350. 
 when appeal should not be allowed from order refusing a, 1 H. & M. 553. 
 distinction between supplementa,l bill in nature of, and a, 1 H. & M. 553. 
 cannot be granted to an interlocutory decree, 2 H. & M. 20, 589. 
 lies only for new matter discovered since decree or for errora apparent on 
 
 itsface, 4H.&M.242. 
 cause cannot be heard after end of term of final decree except on a, 4 H. 
 
 & M. 400. 
 when, granted on ground of error on face of decree, 4 H. & M. 376. 
 when objections not taken before final decree insufficient for a, 2 M. 305. 
 new matter not sufficient for, unless discovered since final decree, 2 M. 305. 
 what decree may be amended on motion or by a, 3 M. 29. 
 when final decree in suit by legatees a bar to bill against executor, 3 M. 83. 
 what insufficient grounds for a, 3 M. 112. 
 when answer to a, not evidence in the original suit, 4 M. 66. 
 to a decree made before Feb. 11, 1814, not received after five years from date 
 
 of decree, 6 M. 629. , « 
 
 act of limitations need not be pleaded against a ; when, should be rej ected, 
 
 6 M. 529. 
 loss of papers by counsel not sufficient grounds for, 6 M. 425. 
 answer to a, for errors in law cannot contain new matters of fact, 7 L. 128. 
 
76 BILL OF KEVIEW— BOND. 
 
 BILL OF REVIEW, Continued. 
 
 when though original decree reversed on, cause remanded for further pro- 
 ceedings, 7 L. 128. 
 
 upon a decree for default there may be a, 27 G. 291. 
 
 what not such a final decree as to prevent party taking new evidence ex- 
 cept on a, 10 L. 628. 
 
 failujre of justice of the peace to forward a deposition to clerk of court no 
 ground for a, 9 G. 454. 
 
 for what error in commissioners report a, will not lie, 9 G. 584. 
 
 when, will lie to decision of Court of Appeals. Eules governing, 22 G. 
 649. 
 ' what proper case for a ; it is a continflation of original suit, 25 G. 146. 
 
 when a petition to set aside order for investment of funds treated as a, 25 
 G. 410. 
 
 when, treated as a petition for a rehearing, 23 G. 769; 27 G. 291. 
 BILL OF SALE ; see Deed. 
 
 when void if possession of property is retained by the vendor, 1 "W. 177. 
 
 of personal property need not be given in evidence to prove title, 6 M. 
 191. 
 
 contents of, cannot be proved unless it is lost or cannot be produced, 6 M. 
 191. 
 
 good against creditors of vendor, though possession of property not given 
 at date of, 5 L. 434. 
 BILL QUIA TIMET; see Quia Timet. 
 BOAED OF PUBLIC WOEKS. 
 
 action lies against present, on contract made with former board, 25 G. 
 ^755. 
 
 when parol testimony admissible as to former suit against, 25 G. 755. 
 
 when, is a necessary or a proper party to a suit, 29 G. 401. 
 
 contract between, and certain attorneys, for prosecuting State's claims 
 against Chesapeake & Ohio Canal Co., held conclusive on the State, 33 
 G. 294. 
 BOND ; see Appeal Bond ; Arbitration ■ Bail ; Breach ; Coupons ; Escrow; Forth- 
 coming Bond ; Indemnifying Bond; Injunction; Officer; Personal Repre- 
 sentative; Prison Bounds ; Befunding Bond ; Replevin Bond ; Sheriff. 
 
 when endorsement is a part of, 1 W. 11 ; 2 W. 130 ; 3 G. 138 ; 9 G. 247 ; 10 
 G. 318. 
 
 when creditor may sue on, of executor, 1 W. 31. 
 
 obligor's residence need not be stated in declaration in suit on, 1 W. 72. 
 
 when judgment not entered for penalty of, 1 W. 72. 
 
 what not sufficient proof of, on plea of non est factum, 1 W. 72. 
 
 when copy of lost, admissible, 1 "W. 252. 
 
 survivorship of an obligor to a joint, must be pleaded, 1 "W. 273. 
 
 if, with silrety is lost by fraud equity will restore it, 1 W. 274. 
 
 when jury may assess damages greater than laid in declaration, 2 W. 143 • 
 3 C. 523. 
 
 when j udgment on, should be in current money to be discharged by sterling 
 money, 2 W. 150. 
 
BOND. 77 
 
 BOND, Continued. 
 
 bail not required in debt on, with collateral conditions, 2 W. 181. 
 
 assignee of, after using due diligence against obligor may recover of as- 
 signor, 2 "W. 219. 
 
 assignee of, takes subject to equities of obligor against obligee, 2 W. 233, 
 255. 
 
 party acknowledging, is bound though his name signed by another, 1 C. 
 224. 
 
 when in suit on, declaration should show plaintiffs are justices, 1 C. 345. 
 
 with collateral condition not assignable before act of 1795, 1 C. 483 ; 2 C. 
 232. 
 
 when, to secure title relieved against in equity, 1 C. 533. 
 
 when heir may maintain debt on, made to ancestor for quiet enjoyment of 
 lands, 2 C. 22. 
 
 what a, with collateral condition, 2 C. 232. 
 
 two separate obligations by different obligors may be included in one, 2 C. 
 290. 
 
 when surety on, not discharged by failure of obligee to sue principal, 3 C. 
 69. 
 
 for the sale of an office is void, 3 C. 215. 
 
 with month blank has no date, but dates from delivery, 3 C. 309. 
 
 twenty years old is presumed paid, 3 C. 329 ; 29 G. 605. 
 
 declaration against three of four obligors on a joint and several, held erro- 
 neous, 3 C. 378. 
 
 an action cannot be maintained on, not taken as statute directs, 3 C. 421. 
 
 a joint, survived before the act of 1786, 2 C. 527 ; 3 C. 268, 521. 
 
 in debt on, damages need not be laid in declaration or found by jury, 3 C. 
 557; 2H.&M. 446. 
 
 what is, and Is not, necessary in declaration against assignor of a, 4 C. 492. 
 
 assignor of, liable whether he assign for a past or present consideration, 
 
 4 C. 492. 
 
 on plea of payment defendant may show, was paid by one not an obligor, 
 
 5 C. 449. 
 
 inaction on, court may instruct jury as to interest, 6 C. 16. 
 
 legatee may sue ia equity on administration, without first suing at law, 6 
 C.21. 
 
 shown to have been given for specie should not be scaled, 1 H. & M. 332. 
 
 what judgment should be on, conditioned for payment of tobacco, 1 H. & 
 M. 381. 
 
 penalty of, made in paper money times should be scaled, 1 H. & M. 381. 
 
 when sale of, foi less than its nominal amount enforced in equity, 2 H. & 
 M. 14. 
 
 when court will after verdict presume obligor dead, 2 H. & M. 459. 
 
 paper held a, though obligor signed between penal part and condition and 
 obligee's name opposite seal, 3 H. & M. 144. 
 
 general verdict for defendant sustained, date of, being misstated in declara- 
 tion, 3H.&M. 219. 
 
 for removing cause to U. S, Court given though defendant not present, 4 
 H. & M. 173. 
 
78 BOND. 
 
 BOND, Continued. 
 
 when judgment may be against two of six obligors on a joint and several, 
 4 H. & M. 293. 
 
 remedy for deficiency in land on a, for title, 1 M. 63. 
 
 Court of Appeals may revive judgment on a, if penalty equal to sum fixed 
 by law, 1 M. 555. 
 
 given without consideration good for full amount in hands of purchaser 
 without notice, 2 M. 36. 
 
 when suit may be on copy and original need not be produced, 2 M. 88. 
 
 executor of surety on joint, not bound in equity if principal survive, 2 W. 
 136. 
 
 a tender to one joint obligee is a tender to all, 2 "W. 282. 
 
 when estate of obligor in joint, who died after act of 1786, exonerated, 3 
 C. 268. 
 
 administrators of two obligors cannot be joined in one action, 4 C. 130. 
 
 being first named does not make one principal. What tends to show 
 otherwise, 3 C. 268. 
 
 separate judgments at the same term on a joint, good, 5 C. 98. 
 
 effect of a release to one obligor in a, 6 C. 308. 
 
 when coveiiant not to levy on estate of one obligor does not release others, 
 6C.308. 
 
 parol substitution of a third person for one obligor does not release the 
 next, 6 C. 308. 
 
 against whom suit on a joint and several, should be brought, 1 H. & M. 61. 
 
 co-obligor in joint and several, may stipulate for performance of the con- 
 dition, 1 M. 45. 
 
 when defendant cannot take advantage of variance between declaration 
 and, 1M.76. 
 
 bond and writing at its foot held a joint obligation, 1 M. 175. 
 
 if declaration against one obligor on a joint, fails to state death of co- 
 obligor the error is fatal, 3 M. 187. 
 
 sealed instrument written in singular number but signed by two is joiat 
 and several, 6 E. 39. 
 
 signed by four held joint as to three, and several as to one, 11 L. 606. 
 
 if one party to a joint contract be discharged by claimant's act all are dis- 
 charged, 2 Rob. 536. 
 
 other actions may be brought on official, though judgment rendered in a 
 former action, 17 G. 124. 
 
 equity will not relieve against a judgment on a, given for a fictitious debt, 
 
 2 M. 105. 
 
 when writing signed by two but with name only of one in its body not 
 
 evidence in suit against two, 3 M. 118. 
 when plea of payment extends only to part of debt due when suit brought, 
 
 3 M. 249. 
 
 writing not mentioning "seal" in its body not a, though a scroll attached, 
 IM. 487; 4M. 442; 2R.446. 
 
 stipulation that if interest is not paid, shall be due is in nature of a pen- 
 alty, 5 M. 495. 
 
BOND. 79 
 
 BOND, Continued. 
 judgment on penal, ^ould be for penalty to be discharged by amount due, 
 
 Gil. 214. 
 specifying no sum to be paid is a nullity, 4 E. 177. 
 taken by court without authority is void, 1 L. 485. 
 of one partner does not bind other, but both are bound for firm debt, 3 L. 
 
 548. 
 no parol instrument can be pleaded in bar to an action on a, except by 
 
 statute, 7 L. 501. 
 quxre, whether, made in Virginia for money borrowed in Pennsylvania a 
 
 Virginia contract, 8 L. 93. 
 partnership debt is not extinguished in equity by the, of an individual 
 
 partner, 3 L. 548 ; 8 L. 415; 9 L. 424. 
 heirs of obligors held not bound by this, 11 L. 136. 
 executed by one partner in partnership name is, of partner executing it, 2 
 
 G. 363. 
 obligor in a, may commit larceny by taking it, 10 G. 758. 
 when, without consideration not binding until it passes to holder for value, 
 
 3 G. 138. 
 when surety not released because time given principal, 3 G. 138. 
 when obligor not discharged by payment to holder under a forged assign- 
 ment, 3 G. 4. 
 when sureties on administration, not conforming to statute not liable, 3 
 
 G. 342. 
 what no breach of condition of, in this case, 4 G. 284. 
 for hire of slaves is not a contract of hiring but one' to pay the hire, 6 G. 
 
 393. 
 what not a condition to payment of, for hire of slaves, 6 G. 393. 
 payment applied to a second, instead of a fourth, to relieve surety on for- 
 mer, 7 G. 86. 
 when money collected on execution applied to judgments in preference to 
 
 a, 7 G. 86. 
 when voluntary, executed for a specific purpose cannot be enforced against 
 
 the obligor, 7 G. 168. 
 when proper to treat a, as a single bill, 7 G. 310. 
 with condition to convey land when obligor had not title nor possession, 
 
 passes nothing, 8 G. 6. 
 when, taken by court construed vyith record, 8 G. 48. 
 though name of party signing is not in body of, yet it is his, 8 G. 48, 54 ; 
 
 9 G. 312. 
 
 when, given to protect endorser available security for simple contract cred- 
 .. itors of obligors, 8 G. 496. 
 all obligees in joint, must join in suit or declaration or show excuse, 9 G. 
 
 474. 
 monomania will not invalidate a, when, 9 G. 704. 
 when obligors giving co-obligor money to pay, become sureties as to him, 
 
 10 G. 164. 
 
 surety signrng, with blank sum in it, not bound, when, 10 G. 215. 
 
80 BOND. 
 
 BOND, Continued. 
 what evidence received, the endorsement on, being equivocal, 10 Gr. 318. 
 effect of covenant by holder of, with principal obligor to give a specific 
 
 time for payment, 10 Gr. 252. 
 payment of, by debtor of obligor extinguishes it. Debtor may sue obligor 
 
 in assumpsit, 10 G. 269. 
 obligors estopped from denying statement in recital of, 10 G. 480. 
 when receipt endorsed on, evidence without calling witness to it, 11 G. 99. 
 power and interest of guardian in a, executed to an executor and trans- 
 ferred as part of ward's estate to guardian, 11 G. 111. 
 may be the subject of a donatio mortis causa whether it be, of the grantee or 
 
 of a stranger, 11 G. 182. 
 for purchase money of a pretensed title valid, 13 G. 489. 
 with illegal conditions void as to them but no farther, 13 G. 175. 
 what omission, &c., in recognizance does not avoid it, 14 G. 318. 
 when, taken under erroneous judgment binds obligors, 16 G. 321. 
 not exactly in compliance with statute good, when, 16 G. 321. 
 when, delivered by sureties on condition not binding on them, 18 G. 801. 
 void as to one surety void as to others, when, 18 G. 801. 
 presumption as to delivery of, if no proof of conditional delivery, 18 G. 
 
 801. 
 as to, "which may be discharged in notes or bonds due on good solvent 
 
 men, " 12 G. 520. 
 when, if one joint obligor is not bound others are not, 13 G. 644. 
 suit may be on executor's, though payable to a justice not sitting, 13 G. 
 
 257. 
 who proper relator in suit on executor's, to recover amount of a decree in 
 
 favor of the trustee of a woman, 13 G. 274. 
 given to special commissioners may. be sued on by their successors, 14 G. 
 
 42. 
 what a sufficient defence to a forfeited recognizance, 14 G. 698. 
 payable " on demand " is payable at once, 21 G. 626. 
 when though special demand necessary debtor may pay, without it, 21 G. 
 
 626. 
 when face of, repels presumption that it was a Confederate debt, 21 Gj. 
 
 722. 
 what equities follow, in the hands of an assignee, 21 G. 762. 
 how county, available as a security to satisfy a debt, 22 G. 254. 
 meaning of word " dollars " in this, 22 G. 340. 
 for price of slaves bought at judicial sale held good after the war, 22 G. 
 
 466. 
 scaled after judgment, when, 22 G. 466. 
 surety paying, in Confederate money recovers value of money paid, 22 G. 
 
 609. 
 what ia a, payable immediately, 22 G. 609. 
 words omitted by mistake from endorsement on, supplied, 22 G. 643. 
 
BOND. 81 
 
 BOND, Contmued. 
 
 debt cannot be maintained on a, payable in instalments until the whole is 
 due, 22 G. 643. 
 
 parol testimony admissible to show in what currency, to be paid, 23 Gf. 
 697. 
 
 nature of, taken at sale under act 1869-70, p. 162, 23 d. 173. 
 
 held payable in gold or silver coin and debt maintainable, 23 G. 238. 
 
 when, taken for interest will bear interest, 23 G. 266. 
 
 part of, scaled and balance paid in full, When, 23 G, 551. 
 
 blank for obligee's name can only be filled by agent who is authorised by 
 deed, 23 G. 600. 
 
 if filled by unauthorized agent in such case, is void, 23 G. 600. 
 
 when void as to creditors valid between parties, 23 G. 737. 
 
 when, paid by a third person is not extinguished, 24 G. 97. 
 
 what not admissible evidence in debt on, given for purchase of land at 
 auction, 24 G. 116. 
 
 as to validity of, for price of slaves sold in January, 1864, 24 G. 125. 
 , when, perfect on its face, binds sureties though delivered by them to prin- 
 cipal obligor on condition not complied vrith, 24 G. 202. 
 
 effect of execution of a joint and several, by another after its delivery, 24 
 G. 202. 
 
 when, properly chargeable with interest during the war, 24 G. 272. 
 
 extension of time for collecting taxes does not release sureties on, of Col- 
 lector, 25 G. 771. 
 
 executor lending money under order of court may sue on, given for it 
 without an order to collect it. 27 G. 182. 
 
 blank paper signed and sealed by principal and sureties and filled up after- 
 wards by principalis his, but not of sureties, 27 G. 337. 
 
 State cannot tax railroad, held by non-resident, 27 G. 344. 
 
 perfect on its face delivered to obligee as an escrow is valid though condi- 
 tion not complied with, 27 G. 403 ; see 24 G. 207. 
 
 perfect on its face cannot be delivered to obligee on condition, 27 G. 403. 
 
 parol evidence inadmissible to show that, perfect on its face was delivered 
 to obligee on condition, 27 G. 403. 
 
 is valid though not acknowledged. How execution of, may be proved, 27 
 G.1^608. 
 
 when, binds obligors though their names not in body of it, 27 G. 608. 
 
 word " dollars " omitted in, by mistake, supplied, 27 G. 676. 
 
 when party executing, estopped to claim penalty erroneous, or that it was 
 executed on condition, 27 G. 676. 
 
 when, is a sufficient compliance with order of the court, 27 G. 676. 
 
 a joint obligee can transfer only his interest in a, 27 G. 69p. 
 
 when one of two joint obligees not a competent witness, 27 G. 690. 
 
 what a sealed instrument within meaning of the statute, 28 G. 627. 
 
 for twelve per cent, interest made in 1871 bears that rate of interest until 
 paid, 29 G. 1. 
 
 deed of trust enforced though secured could not be produced, 29 G. 173. 
 
 ' if paid by surety in lifetime of principal is extinguished, 29 G. 280. 
 
 11 
 
82 BOND— BOOK OF ACCOUNTS. 
 
 BOND, Continued. 
 held a Texas and not a Virginia contract, 29 G. 581. 
 rule as to presumption of payment of, is not affected by the statute of 
 
 limitations, 29 G. 605. 
 when assignee of, cannot recover from obligor who has paid obligee, 30 G. 
 
 496. 
 how vendor's lien set off on bonds given subsequent vendor and assigned 
 
 to different persons, 30 G. 632. 
 for Confederate money not scaled, when, 32 G. 76. 
 mere possession of a, Avill not justify its payment to holder, 32 G. 135. 
 may be valid though judgment on it void, when, 32 G. 170. 
 binding on sureties though delivered by obligor without authority, 32 G. 
 
 595. 
 perfect on its face avoided if obligee had notice of its conditional delivery, 
 
 32 G. 595. 
 
 fact that there are scrolls on, to which no names are signed does not make 
 it defective on its face, or put obligee upon enquiry as to authority of 
 obligor to deliver it, 32 G. 595. 
 
 for money of wife is a chose in action which husband may reduce into 
 possession, 1 P. & H. 141. 
 
 when equity will not interfere with judgment on such, 1 P. & H. 141. 
 
 can only be transferred by writing, or delivery with intent to assign, 2 P. 
 &H.1. 
 
 what declarations insufficient to cancel, or make it an advancement, 2 P. 
 &H. 1. 
 
 record of deed of trust assigning, no notice of its assignment, 2 P. & H. 178. 
 
 certain words in, of cashier of bank construed, 2 P. & H. 277. 
 
 contract for purchase of, how construed, Wy. 195. 
 
 when if, is joint, equity will not charge executors of surety who were dis- 
 charged by his death in principal's life time, Wy. 273. 
 
 statutory, taken by officers in the country is liberally construed, 15 G. 518. 
 
 creditor having two sets of obligors bound for his debt, may sue both sets, 
 
 33 G. 463. 
 
 practice in case where original existence and loss of, is in issue, 31 G. 312. 
 
 when city can recover, issued for stock illegally confiscated, 33 G. 168. 
 
 coupons of State bonds issued under act March 28, 1879, receivable for all 
 taxes due State, and bonds exempt from taxation, 33 G. 237. 
 
 issued by railroad company for interest not a novation of the debt, and 
 secured by original mortgage, 33 G. 586. 
 
 when court taking charge of property of railroad company will pay debts 
 for services and material before bondholders. How such debts paid, 33 
 G. 624. 
 
 when execution creditors of railroad company paid in preference to bond- 
 holders, and how paid, 33 G. 645. 
 BOOK OF ACCOUNTS; see Account; Evidence. 
 
 in handwriting of clerk who is dead, evidence, when, 1 W. 76 ; 2 "W. 151. 
 
 when, inadmissible to charge defendant for goods delivered to a third per- 
 son, 1 W. 172. 
 
BOOK OF ACCOUNTS— BREACH. 83 
 
 BOOK OF ACCOUNTS, Continued. 
 of partnership must be brought before commissioner taking partnership 
 
 account. What part only of such book considered, 1 H. & M. 9. 
 in settling accounts of firm, vouchers for each item on, need not be pro- 
 duced, 2 H. & M. 544 ; 4 H. & M, 363. 
 of a party should be taken altogether, 2 H. & M. 603. 
 if usury denied by answer, plaintiff cannot make defendant produce, 6 M, 
 
 472. 
 original entries on plaintiff's, evidence to show goods sold to defendant and 
 
 not to third person, 2 G. 250. 
 BOUNDARIES, 
 in a will, when court may determine, 1 W. 381. 
 marked trees should not be departed from in determining, 1 C. 429 ; 3 C. 
 
 239. • 
 in a writ of right verdict does not cure omission to set forth, 1 C. 484. 
 case of pre-emption under a survey and patent, 3 C. 417. 
 in a question of, natural land marks, &c., preferred to magnetic lines, when, 
 
 2 P. & H. 189. ^ 
 
 confirmed by lapse of time and acquiescence of parties, when, 2 P. & H. 189. 
 when parol evidence admissible in a question of, 1 H. & M, 177. 
 count in a writ of right sufficiently described, in these cases, 3 H. & M. 
 
 309; 2M. 167. 
 natural, and marked trees established in preference to course and distance, , 
 
 4H.&M. 125. 
 effect of ancient reputation and possession in respect to, of streets, 3 E. 44. 
 when equity has no jurisdiction to settle, of land between claimants, 2 L. 
 
 192. 
 when declaration of person dead as to identity of corner tree or, admissi- 
 ble, 8 L. 697. 
 between Virginia and Ohio investigated, 3 Gr. 655. 
 what line the true, in this case, 4 G. 50. 
 a court of equity will not settle the, of land, 4 G. 235. 
 what true, in this ease— twhen action of court cannot alter, named in deed, 
 
 10 G. 445. 
 what not regarded in ascertaining, in ejectment, 10 G. 445. 
 what looked to in determining, of land ceded by Virginia to the United 
 
 States, 11 G. 136. 
 boundary being high water mark, passes soU, etc, to low water mark, 11 G. 
 
 136. 
 what courts may look at in deciding, between two counties, 13 G. 389. 
 when parol evidence admissible to prove, in an action of ejectment, 28 G. 
 
 766. 
 BREACH ; see Bond ; Declaration. 
 of prison, when sheriff liable for, J. 49. 
 of condition of bond, who may issue scire facias for, 1 W. 91. 
 . of condition of bond, what is a proper assignment of, 1 W. 204. 
 of condition of forthcoming bond, need not be proved by plaintiff, 1 W. 330. 
 
84 BREACH— BRITISH DEBTS. 
 
 BREACH, Continued. 
 y assigned in assumpsit— what variance immaterial, 1 W. 357. 
 
 what defective pleading assignment of, will not cure, 1 C. 345. 
 
 when omission in declaration of statement of failure to pay interest is 
 cured by verdict, 1 C. 567. 
 
 what held a, of contract, 4 C. 162. 
 
 what a sufficient assignment of, in suit on administration bond, 5 C. 520. 
 
 what a sufficient assignment of, in suit on sheriff's bond, 5 C. 546. 
 . if, assigned in very words of condition it is sufficient, 2 H. & M, 446. 
 
 if, assigned in as general terms as terms of condition it is sufficient, 2 H. & 
 M. 459. 
 
 in declaiing on a covenant what a sufficient assignment of, 4 H. & M. 82. 
 
 when if, badly assigned good after verdict, 4 H. & M. 82. 
 
 what assignment of, in debt on bond with collateral conditioii bad, 4 H. & 
 M. 277. 
 
 what sufficient assignment of, in debt on bond of distributees to indemnify 
 administrator. 4 H. & M. 293. 
 
 quxre, whether, assigned should be failing to pay penalty, or failing toper- 
 form condition of bond, 1 M. 45. 
 
 what sufficient assignment of, of a contract for a sale of land, 3 M. 159. 
 
 when plaintiff cannot recover damages for, not charged in declaration or 
 assignment of breaches, 3 M. 230. 
 
 jury may give such damages for, of contract as evidence shows, 4 M. 542. 
 
 if, when assigned applies to one count only, judgment should be for defen- 
 dant, 5 M. 196. 
 
 when on suit for, of covenant plaintiff may prove acts done previous to 
 time laid in declaration, 5 M, 199. 
 
 what bad assignments of, of sheriff's bond, 6 M. 573 ; 6 L. 316. 
 
 what bad assignment of, of bond of marshal of superior court of chancery, 
 10 L. 116. 
 
 when if no, is stated j adgment in suit on administration bond reversed, 4 
 M. 494 
 BREACH OF THE PEACE ; see Oriminal Jurisdiction and Proceedings. 
 
 justice cannot recognize a party to appear before circuit court on charge 
 
 . of, 1 L. 586. 
 BRIBERY. 
 
 in an information for, at an election what should appear, 2 W. 88; 
 BRIDGE; see Ferry. 
 
 mandamus to compel county court to erect, 5 C. 548, 556. 
 
 how, erected by an individual established as a public, 5 G. 241. 
 
 when county need not repair, when individual must, 5 G. 241. 
 
 what not sufficient evidence to prove, a public, 5 G. 241. 
 
 how land condemned for abutments or way to a toll, 30 G 795. 
 
 legislature has power to authorize a toll, over a river, 30 G. 795. 
 BRITISH DEBTS. 
 
 interest during the war deducted on debts of British subiect residine 
 abroad, 3 C. 22. ^ 
 
BRITISH DEBTS— BYRD'S LOTTERY. 85 
 
 BRITISH DEBTS, Continued. 
 how commonwealth responsible for money paid to loan office in discharge 
 
 of, 1 H. & M. 144. 
 fact that plaintiff, a British subject, was entitled to his claim before 1776, 
 does not protect him from statute of limitations, 2 M. 254. 
 
 BRITISH SUB JECTS ; see Alien; CUizen. 
 declared a bankrupt in England, English law governs our courts, Wy. 298. 
 whensale of property of, valid notwithstanding escheat, 4 C. 259. 
 when purchaser of property of, decreed to pay hira after the war, 4 C. 259. 
 born before the revolution could not inherit lauds in this country before 
 
 treaty of 1794, 5 C. 160 
 may take by grant or devise and can convey before office found, 5 C. 364. 
 became aliens upon the Declaration of Independence, 6 C. 60. 
 confiscation of land of, in this case held good, 6 C. 60. 
 qumre, whether under treaty of 1783 certain, could take and hold land in 
 
 Virginia, 1 M. 218. 
 when representative of, not entitled to interest on certificate tiU after Jan. 
 
 1st, 1811, 4 E. 264. 
 BUILDING FUND ASSOCIATION, 
 eftect of borrowing money by shareholder in, on his shares, 23 G. 233 ; 23 
 
 G. 787. 
 liability of shareholder who borrows money for fines and dues, 22 G. 233. 
 equity has jurisdiction to wind up, 22 G. 826. 
 how accounts of, made up and assets divided, 22 G. 233, 826. 
 effect of redeeming shares in, and of trust by shareholder who has re- 
 deemed shares to a third party, 23 G. 787. 
 when cashier of, guilty of embezzlement, 32 G. 899. 
 organized under act May 29, 1852, is legally organized, 33 G. 696. 
 BUGGERY. 
 
 consummated by penetration alone without emission, 1 V. C. 307. 
 BURGLARY ; see Oriminal Jurisdiction and Proceedings; 
 what not a good indictment for, 4 L. 652. 
 qumre, whether in this case there was a sufficient breaking to constitute, 7 
 
 G. 641. 
 what a breaking within meaning of law as to, 14 G. 643. 
 when party may be found guilty of larceny under an indictment for, 25 
 
 G. 908; 4 L. 652. 
 what not a breaking sufficient to constitute, 25 G. 908. 
 as to effisct of evidence of possession of stolen goods in a case of, 28 G. 969. 
 prisoner held not identified in this case, 29 G. 796. 
 BURNING WOODS, 
 what sufficient record of finding of an indictment for, 9 L. 671. 
 
 BY-BIDDING, 
 sale of slaves set aside because of, &c., Wy. 354. 
 
 BYED'S LOTTERY, 
 decision as to, Wy. 95 ; see 1 W. 336. 
 
86 CAPIAS AD RESPONDENDUM— CARRIER. 
 
 0. 
 
 CAPIAS AD RESPONDENDUM. 
 
 returnable to term generally, held good in this case, 4 L. 359. 
 CAPIAS AD SATISFACIENDUM, 
 when cannot be .served on defendant in county in which judgment not 
 
 taken, 2 C. 73. 
 taking body of one obligor is no bar to action against the other, 1 M. 175. 
 what property and bond sheriff may take if, executed before return day, 
 
 3 M. 308. 
 when discharge of defendant as an insolvent debtor is exoneration from 
 
 liability, 2 V. C. 494. 
 lien of, executed, held prior to commonwealth's judgment, 1 L. 257. 
 this last decision reversed, 2 L. 284. 
 
 lien of, executed, held inferior to mortgages made afterwards, 4 L. 425. 
 when, sufficient to charge special bail though debtor reside in another 
 
 county, 7 L. 371. 
 motion to quash, overruled, as debtor was never charged in execution, 1 
 
 Eob. 475. 
 must be returned " not found " before scire facias can isstie against bail, 1 
 
 P. & H. 427. J 
 
 CAPIAS PRO PINE, 
 may be used by the commonwealth, when. When prisoner discharged, 8 
 
 G. 702. 
 when court should award a, against defendant and not a summons, 2 V. 
 
 C. 200. 
 distinction between, and a capias ad satisfaciendum, 23 G. 10. 
 how person in custody under, may obtain discharge, 23 G. 10. 
 party fined $1 and costs must pay costs, which are a part of the fine, 33 
 
 G. 291. 
 
 CARRIER ; see Bailment; Railroad Company. 
 liable for all acts save acts of God, of enemy and of owner of goods, 3 
 
 M 239. 
 onus probandi to exempt from liability is on, 3 M. 239. 
 what acts by, amount to a trespass only, 4 M. 444. 
 act of limitations may be pleaded in bar to a suit against, for embezzling 
 
 goods, 4 M. 444. 
 act of God which vrill excuse, must be a direct and violent act of nature, 
 
 6G. 189. . 
 
 stranding boat on an unknown bar liable for damage to freight, 6 G. 189. 
 when, can recover freight on part of cargo which was lost, 7 G. 307. 
 liabilities and duties of, of passengers by stages, 11 G. 697. 
 presumption as to negligence, and burden of proof, where passenger injured 
 
 by upsetting of stage, 11 G. 697. 
 express company held bound as a common, in this case, 20 G. 264. 
 duty of railroad company, common, of passengers. When bound for injury 
 
 to passengers, 15 G. 230, 
 
CARRIlfe— CASE. 87 
 
 CAEEIEE, Continued. 
 Chesapeake and Ohio Railroad Company liable for negligence of Va. Cen. 
 
 R. E. Co., 21 G. 654. 
 as to liability of railroad company for baggage lost on another line, 21 
 
 G. 654. 
 ■what necessary to restrict liability of railroad company as a common, 21 
 
 G. 654. 
 case lies against common, for breach of duty which law implies from hia 
 
 employment, 20 G. 264. 
 what declaration is sufficient to sustain action against common, 20 G. 264. 
 how far common, may restrict liability by contract, 26 G. 328. 
 CASE ; see Assault and Battery ; Declaration ; Pleading ; Trespass. 
 when action on the, should be by landlord against sheriff, 1 "W. 232. 
 if injury is immediate, trespass, not case, is the proper remedy, 6 C. 44. 
 not the proper remedy for damage by accidental shooting, 2 H. & M. 423. 
 guxre, if, lies against sheriff for refusing to allow a person to vote, 3 M 579. 
 qusere, if, lies by the executor of person injured by malfeasance of clerk of 
 
 court, 4 M. 73. 
 when, lies against surveyor of a county for refusing copies of surveys, 6 
 
 M. 271. 
 trespass or, will lie for seducing plaintiff's daughter, 6 M. 587; Gil. 33. 
 * in, proof of contract must conform to that laid in declaration, 2 E. 431. 
 lies for suing out attachment for rent maliciously and for wrongful distress, 
 
 7 L. 660. 
 
 lies against sheriff for escape of slave put in jail for safe keeping, 8 L. 442. 
 counts in declaration on the, for disturbing franchise of a ferry, 2 Eob. 209. 
 when, lies for burning plaintiff's wood on defendant's land, 4 G. 151. 
 proper remedv for breach of warranty of soundness of personal property, 
 
 8 G. 442. 
 
 what need not be alleged or proved in, for breach of warranty of sound- 
 ness of chattel, 8 G. 442. 
 when, does not lie against personal representative of vendor for fraud in 
 
 sale of slave, 11 G. 202. 
 counts in trespass may be joined to counts in, in an action on the, 16 G. 
 
 64 ; 29 G. 192. 
 in, for suing out capias and imprisoning plaintiff, what need not be alleged, 
 
 16 G. 64. 
 what sufficient declaration in, to sustain action against common carrier, 20 
 
 G. 264. 
 declaration in, for tortious neglect need not contain an express averment 
 
 of a consideration, 25 G. 765. 
 lies for failure of a carrier to do a duty which law implies from the nature 
 
 of his employment, 20 G. 264. 
 what defendant may give in evidence under general issue in, for assault 
 
 and battery, 33 G. 413. 
 declaration in, alleging a trespass at common law is good, 33 G. 136. 
 when count in, avers a good cause of action, 29 G. 192. 
 how damages estimated in, for shooting, 33 G. 136. 
 
88 CASE— CAVEAT. 
 
 CASE, Continued. ) 
 
 lies against administrator of party failing to account for notes in his hands 
 for collection, 25 G. 765. 
 
 what suflicient averment of relation of master and servant in, for seduc- 
 tion of plaintiff's daughter, 33 G. 722. 
 
 evidence of pecuniary condition of defendant admissible in such case, 33 
 G. 722. 
 
 when statute of limitations begins to run in such case, 33 G. 722. 
 
 CASE AGREED, 
 when administrator not bound to agree to facts, 1 W. 212. 
 if too imperfect for judgment to be given on, it will be set aside, 1 C. 212. 
 when, in ejectment admits possession of land by defendants, 2 M. 453 
 may rest decision of cause on certain specified points of law only, 2 M. 479. 
 in this case court decided points not submitted in, 5 M. 82. 
 what court will assume upon a, 2 M. 479. 
 what held to be a defective, 6 M. 301. 
 no judgment can be given on a, when evidence agreed on is conflicting, 3 
 
 L. 196. 
 effect of, and rule governing a, 17 G. 230. 
 what is not a, 17 G. 445; 18 G. 426. 
 what not presumed or inferred if not stated in, 21 G-. 349. 
 CAVEAT, 
 effect of, 1 W. 38. 
 
 dismission of, unless on merits is not binding, 1 C. 206. 
 by one who had no title, dismissed, 2 C. 547. 
 party who caveats must show title to warrant under which his survey i» 
 
 jjade, 3 C. 28. 
 when patent not set aside unless plaintiff was prevented by fraud or acci- 
 dent irom prosecuting, 3 C. 259. 
 party who can, ought to do so — but circumstances may excuse him, 4 C. 
 
 196. 
 party desiring to avail himself of exception contained in the law, must 
 
 prove land to be within the exception, 4 C. 268. 
 royal assent to a private act prevented by filing a, before king and council, 
 
 4 C. 514. 
 when party not entering a, cannot get relief in equity against patent 
 
 granted another, 5 C. 261. 
 should be governed by equitable rules. Time of return of survey to land 
 
 office, 3 C. 495. 
 when, may be entered against issuing a patent on an inclusive survey, 3 
 
 C. 495. 
 when administrator c. t. a. may maintain, to prevent issuing of a patent, 2 
 
 H. & M. 370. 
 party not sustained in equity on grounds he might have used on trial of,. 
 
 4M. 155, 533. 
 when equity will interpose though regular remedy is by, 1 M. 293. 
 when, dismissed without prejudice to caveator, 6 M. 160. 
 
CAVEAT— CERTIFICATE OF PUBLIC DEBT. 89 
 
 CAVEAT, Contiti'md. 
 when rights cannot be adjusted in court of, partition may be had in 
 
 equity, 6 M. 534. 
 when equity has jurisdiction without party's resorting to a, IB. 114, 
 on what grounds only equity may grant relief after a grant issued, 5 E, 
 
 453, 509. 
 equity will relieve when caveator obtained patent pending appeal by him 
 
 from judgment on, 1 L. 353. 
 person holding legal title to land by grant may maintain a, to prevent a 
 
 junior grant, 4 L. 377. 
 when caveator will not have judgment rendered against him, 8 L. 681. 
 effect of the iss^iing of a patent pending an appeal from judgment on the, 8 
 
 L. 681. 
 to what lands, ch. 13, act of May, 1779, as to remedy by, did not extend, 1 
 
 Eob. 308. 
 caveator must Show the better right to the laud to be in him, 9 G. 194, 
 
 508. 
 quxre, as to the right of tenant in common to, in this case, 9 G. 194. 
 what must be stated in; what court will consider ; caveator cannot show a 
 
 right not stated in, 9 G. 508. 
 what caveator must prove. What special verdict must find, 11 G. 309. , 
 copies of, should be certified by register of the land office, 1 V. C. 3. 
 what caveator, must show in order to recover, 9 G. 194, 508 ; 11 G. 309. 
 when a special verdict must show objects in entry have real existence, 11 
 
 G. 309. 
 what caveatormnst state in. When too late toobject to form of, 13 G. 468. 
 in case of, facts found, or agreed on, become part of the record, 13 G. 389. 
 duty of appellate court when evidence in case of, certified — no bill of ex- 
 ceptions necessary, when, 13 G. 389. 
 case sent back to have a more perfect finding of facts, 13 G. 468. 
 when commonwealth cannot maintain a, 15 G. 346. 
 what must state. What first inquiry. What caveator must prove, 30 
 
 ^. 582. 
 what possession caveator required to show, 30 G. 582. 
 when claim not stated in, or in court below, cannot be set up on appeal, 30 
 
 G. 582. 
 CAVEAT EMPTOR. 
 
 applies only to purchase of legal title, 1 W. 38, 212 ; 2 M. 314, 
 applies strictly to purchasers of land from executors, 2 W, 68, 
 CEETIFICATE OF PUBLIC DEBT, 
 when party entitled to value of, on day set for delivery, 1 W. 1. 
 restitution of, compelled if obtained by fraud, 1 W. 164. 
 construction of will bequeathing interest on, 2 W. 74 ; 4 C. 305 ; 5 C. 150. 
 judgment cannot be obtained for, 1 C. 443, 
 trover may be sustained by owner of, which was lost and sold to bona fide 
 
 purchaser, 1 C. 500. 
 trustee of, for a particular purpose cannot use to pay demands due him- 
 self, 1 C. 570. 
 
 12 
 
90 CERTIFICATE OF PUBLIC DEBT— CESTUI 
 QUE TRUST. 
 
 CERTIFICATE OF PUBLIC DEBT, Continued. 
 
 when administrator only bound for amount received by him for, 3 C. 95. 
 improperly sold by factor may be recovered by owner, or he may recover 
 
 its value, 3 C. 89. 
 when taxes are payable in, how value of certificates allowed, 1 H. &M. 454. 
 when person losing, cannot get renewal without making original holder 
 
 party to suit, 1 H. & M. 536. 
 bill sustained for restitution of money paid for, as vendor had no right to 
 
 sell, 1 H. &'M. 578. 
 what contract for sale of $6,000 United States eight per cent, stock not 
 
 usurious, 4 M. 303. 
 measure of compensation in this case, 4 M. 303. 
 
 CEETIOEARI ; see Appeal. 
 
 when superior cofirt of chancery may hear an appeal and, together, 4 C. 
 489. 
 
 copy of record must accompany application for, to superior court of chan- 
 cery, 4 H. &. M. 413. 
 
 when, awarded for record mentioned in bill and admitted in answer, 1 M. 
 119. 
 
 when writ of, for defect of the record proper. When improper, 2-M. 229. 
 . in what cases a, may be awarded. When it will lie, 2 V. C. 268. 
 
 when, will not lie to judgment of corporation court affirming judgment of 
 a justice, 3 L. 813. 
 
 when, directed for a better record in a criminal ease, 14 G. 652. 
 CESTUI QUE TRUST; see Deed of Trust ; Trust. 
 
 a trust being proved, when a sale will be set aside in favor of, 2 C. 218. 
 
 cannot sue his own trustee to get benefit of fraud committed by him, 2 C. 
 218. 
 
 when, may maintain ejectment in his own name, purposes of deed being 
 satisfied, 6 M. 38. 
 
 when property settled jointly on husband and wife may be taken imexecu- 
 tion, 6 M. 117. 
 
 what bequest not sufficient to prove that, had actual possession of slaves, 
 6 M. 352. 
 
 as to priorities of notes secured by deed of trust and assigned to different 
 parties, 1 R. 466. 
 
 equity may sell personal estate of infant, when necessary for his support, 
 4 L. 279. 
 
 not warrantor of title. When competent witness for purchaser, 6 L. 523. 
 
 cannot sue third person in respect to trust property, 8 L. 604. 
 
 when purchaser of negro who has been conveyed by truSt deed has no re- 
 lief against, 10 L. 354. 
 
 when, if trustee improperly delayed executing trust, funds divided 
 
 amongst, 1 Bob. 55. 
 question as to effect of deeds of trust made in this case, 1 Rob. 648. 
 
CESTUI QUE TRUST— CHATTELS. 91 
 
 CESTUI QUE TRUST, Continued. 
 
 case of executor removing from State and trustee refusing to sell for want 
 of bond secured. Various matters giving equity jurisdiction, 2 Eob. 1. 
 
 decree in cause where trustees only are defendants will not affect rights of, 
 1 G. 416. 
 
 equity will not hear suit by, against purchasers if suit may be brought at 
 law, 3 G. 373. 
 
 when purchaser protected by act of limitation against, 3 G, 373. 
 CHAMPERTY. 
 
 what is not, 1 P. & H. 48, 
 CHANCERY ; see Equity. 
 CHARACTER. 
 
 what not evidence in proving general, of prisoner, 2 V. C. l69. 
 CHARITIES. 
 
 devises in favor of, should be liberally expounded, 5 C. 311. 
 
 bequests and devises held uncertain as to beneficiaries and void, 3 L. 450; 
 15 G. 423. 
 
 courts of chancery cannot decree for, where objects are indefinite and un- 
 certain, 3 L. 450. 
 
 bequest for schooling of poor children held void for uncertainty, 4 L. 327. 
 
 devise or bequest to a religious congregation held void, 15 G. 423. 
 
 devise, &c., to school held valid, 20 G. 124. 
 
 bequest to establish manual labor school in Albemarle county, valid, 25 
 G. 107. 
 
 act may be passed by legislature to carry bequest into effect, 25 G. 107. 
 
 bequest to incorporated theological seminary held valid, 25 G. 599. 
 
 what bequests to, void, 25 G. 599. 
 . bequests to charitable institutions not exempt from taxation, 27 G. 110. 
 
 equity has jurisdiction of bequests for charitable uses, 2 P. & H. 53. 
 CHARTER; see Corporation. 
 
 provisions in, of bank held merely directory, 2 P. & H. 277. • 
 CHARTER PARTY. 
 
 what declaration in a suit on, should show, 6 C. 71. 
 
 a writing altering or explaining, not subject to stamp duty, 2 M. 268. 
 
 when persons contracting by, under seal, may bring covenant against each 
 other, 3 M 357. 
 
 construction of, of affrei^tment, 9 L. 532. 
 CHATTELS ; see Fraudulent Conveyance; HuAand and Wife. 
 
 except in cases of descent, slaves considered, 1 "W. 306. 
 
 what limitation of personal, void as too remote, 2 C. 319, 
 
 when, survive to wife, 2 C. 447. 
 
 when, go to husband, as administrator of wife, 2C. 491. 
 
 under section 4 pf explanatory act of 1727 slaves are, 2 C, 447. 
 
 husband may sell, of wife not reduced into possession, 4 C. 93. 
 
 qusere, whether interest in remainder in personal, can be taken under a 
 fieri facias, 5 L. 6. 
 
 what loan of, fraudulent as against creditors of loamee, 8 JLi. 80; 9 L- 451. 
 
 vendor of, has bo lim fiff puichaae money, 8 L. 510. 
 
92 ' CHEAT— CHOSE IN ACTION. 
 
 CHEAT. 
 
 what a, at common law punishable under an indictment, 2 V. C. 65. 
 CHECK ; see Bill of Exchange; Promissory Note. 
 
 when, must be presented in order to bind drawer, 22 G. 739. 
 ,; when drawer of, not liable, 22 Gr. 739. 
 
 is not payment unless taken as such, 28 G. 165. 
 may be offered in evidence on money counts ; effect, 28 G 165. 
 when plaintiff cannot recover in assumpsit if, received in payment of ac- 
 count, 28 G. 165. 
 imports a payment by drawer to payee unless shown to be a loan by him 
 
 to said payee, 33 6. 342. 
 CHESAPEAKE AND OHIO CANAL COMPANY. 
 what inquisition taken under P5 act of 1823-4, should state, 2 G. 511. 
 contract between Board of Public Works and certain attorneys as to 
 
 prosecuting claims of State against, held conclusive on State, 33 G. 294. 
 CHILDEEN; see Guardian; Infant 
 
 board of, allowed estate of mother, whether she charged it or not, 4 C. 605. 
 when devise to testator's, does not comprehend a posthumous child, 3 
 
 M. 20. 
 when posthumous child entitled to share of real estate, 3 M. 20. 
 purchasers from devisees are not exempt from contributing to share of 
 
 posthumous child, 3 M. 20. 
 qusBre, as to meaning of " child's share " in a will, 3 M. 43. 
 when bequest for, a legacy from grandfather and not assets of father's 
 
 estate, 3 M. 59. 
 in this case entitled to absolute legal estate in slaves, 3 M. 570. 
 when act of limitation does not run against, until they are of age, 3 M. 570. 
 construction and effect of agreement made between, 4 M. 63. 
 conveyance of personal estate by husband to, not a fraud on rights of wife, 
 
 5 M. 42. v 
 
 fattening hogs not included in bequest of stock belonging to home place, 5 
 
 M. 272. 
 bill in behalf of, of residuary legatee for share of residuum not sustained, 5 
 
 M. 418. 
 when the word, may be taken as synonymous with issue, 5 M. 440. 
 equity may sell personal property of infant cestui que trust when necessary 
 
 for his support, 4 L. 279. 
 qusere, whether equity can sell infant's estate except by virtue of statute, 
 
 10 L. 406. 
 
 CHOSE IN ACTION ; see Chattds ; Husband and Wife. 
 when assignee of a, can come into court of equity, 4 E. 392. 
 what is a valid gift of a, 4 L. 333. 
 when wife owning remainder in slaves entitled against purchaser of them 
 
 from husband, 7 G. 99. 
 bond for purchase money of wife's land is a, of wife, 1 P. & H. 141. 
 quaere, as to what a reduction into possession by husband of wife's 1 P & 
 
 H.'l41. 
 
CHOSE IN ACTION— CLERK. &3 
 
 CHOSE IN ACTION, Continned. 
 what a waiver of a defence of set-off to a suit on a, 1 P. & H. 141. 
 when wife entitled to, not reduced into possession, by way of settlement 
 or provision, 1 P. & H. 12. 
 CHURCH, 
 in whom donation of, in Virginia, J. 107. ' 
 
 ecclesiastical jurisdiction in General Court, qusere, J. 96. 
 Code of 1860 ch. 77 ?? 8, 9, 10, 11 as to conveyance to a, construed, 13 
 
 G. 301. 
 who entitled to use of, in this case, 13 G. 301. 
 
 to whom property belonged in this case. How recovered, 94 G. 332. 
 when equity will subject, property for money advanced on its account, 32 
 
 G. 170. 
 to whom, property belonged in this case of division of congregation, 32 
 
 G. 428. 
 rights of Baltimore Conference of M. E. Church and of M. E. Church, 32 
 
 G. 428. 
 nature of churches of Virginia, J. 103. 
 CIRCUIT OOUET ; see QmH. 
 CIRCUIT SUPERIOR COURT; see Court. • 
 CITIZEN ; see Alien. 
 article 4th of constitution of United States construed. Quxre, can right 
 
 of citizenship in Virginia be relinquished, 2 M. 393. 
 citizenship decided after long time by facts leading to presumption that 
 foreigner became a citizen, 4 R. 585. 
 CLERGY. 
 
 of Virginia. Who may present, induct, visit, deprive, J. 107. 
 salary not taxed under act of Feb. 28, 1846, 3 G. 615. 
 CLERICAL ERROR; see Mialahe. 
 
 error in judgment as to rate of interest is not a, must be corrected in appel- 
 late court, 1 E. 25. 
 entering judgment by default and omitting credit made by plaintiff on in- 
 strument is a, 5 R. 326. 
 what entry of judgment on nil dicit on a specialty a, 4 L. 308. 
 CLERK, 
 execution book kept by, is prima fade evidence, 1 W. 92. 
 qusere, if fees of deputy, can be distrained for, 1 W. 186. 
 not liable for money paid his deputy in a suit unless by order of court, 1 
 
 C. 481. 
 what is a resignation of his office by, of a court, 1 C. 562. 
 plaintiff may recover damages against, who issues scire facias for too little, 
 
 3 C. 41. 
 can move against personal representative of sheriff for fee bills given him 
 
 for coUection, 3 C. 220. 
 statute of limitations not a bar to such a motion, 3 C. 220. 
 Court of Appeals will animadvert upon conduct of, who neglects his duty, 
 4C. 4. 
 
 / 
 
94 CLERK— COLLUSION. 
 
 CLEEK, Continued. 
 when after act of 3788, not authorized to endorse on fieri facias that no se- 
 curity was to be taken, 4 C, 151, 152. 
 how equity will correct error if, omit by mistake to enter plea, 4 C. 528. 
 when debt of sheriff for clerk's tickets presumed to have been paid, 4 M. 
 
 428. 
 how long person appointed, of district court in vacation has to qualify, 3 
 
 H. & M. i. 
 what a sufficient certificate of appointment as, of district court, 3 H & M. 1. 
 what defence, may make to motion against him for not paying over tax on 
 
 law process, 2 M. 31. 
 taking of a guardian's bond is not a ministerial, but a judicial act, 2 M. 492. 
 quaere, whether case lies for executor of party injured by malfeasance of, 4 
 
 M. 73. 
 of Court of 'Appeals left to execute bond or not at his own peril, 5 M. 349. 
 cannot practice as attorney in court of which he is, 2 V. C. 222. 
 person cannot hold office of justice and of, of county court at same time, 
 
 2 V. C. 523. 
 failing to pay into treasury tax on law process liable to penalty, 3 E. 221. 
 within what time sheriff may account for clerk's tickets given him for 
 
 collection, 1 L. 280. 
 official bond of, does not cover tax on law process, 3 L. 703. 
 taking defective guardian bond, not proper party to suit for settlement of 
 
 guardian's account, 1 G-. 310. 
 when asked to issue marriage license, cannot examine witness on oath as 
 
 to age of parties, 4 G. 554. 
 to what cases authority of, to administer an oath extends, 4 G. 554. 
 of Court of Appeals not entitled to extra compensation as, of Special Court 
 
 of Ajipeals, 6 G. 529. 
 duty of, issuing marriage license, 29 G. 857. 
 by whom deprivation of, of church may be made, J. 99. 
 
 CO-DEFENDANT; see Defendant. 
 
 COLLATEEAL SECURITIES ; see Security. 
 
 COLLECTOES AND TEEASUEEES OF TAXES ; see Taxes. 
 liabilities of sureties of, 25 G. 721, 771, 780. 
 how payments by collector, &c., applied, 25 G. 721. 
 
 how outgoing county treasurer required to account prior to act 1873, 25 G. 
 780. 
 
 COLLEGE. 
 
 act of Dec. 1779, as to William and Mary construed, 1 C. 161 ; 3 C. 573. 
 
 trustees of an incorporated, may sue by their corporate title, 5 M. 324. 
 COLLUSION ; see Fraud. 
 
 in obtaiining a judgment must be pleaded and proved, 1 W. 306. 
 
 a judgment is not to be presumed to have been obtoiQed by, 1 C. 443. 
 
 what, between debtor and creditor prevents latter fifom being entitled to a 
 prior lien held by him, 3 M. 521, 
 
COMMISSIONS— COMMISSION TO TAKE PRIVY 95 
 EXAMINATION OF WIFE. 
 
 COMMISSIONS ; see Aceount ; Ouardian ; Trustee ; Personal Mepresentative. 
 allowed executor though a legatee. Usual rate of, 1 "W. 246. 
 not allowed to executor who gets a legacy, 2 C. 102. 
 five per centum allowed administrator in this case, 2 C. 190. 
 consignee is entitled to, 2 C. 415. 
 
 sheriff not entitled to, imless sale is actually made, 5 C. 569. 
 five per centum allowed commissioners selling land under order of court, 2 
 
 H. & M. 22. 
 executor allowed seven and a half per centum for managing estate in this 
 
 case, 1 M. 150. 
 more than five per centum not allowed executor except under peculiar cir- 
 cumstances, 2 M. 242. 
 five per cent, allowed executor in this case in lieu of all expenses, 3 M. 29. 
 when ten per centum may be reasonably allowed executor, 3 M. 198, 288. 
 executor entitled to, on sales of crops made by him, on money found in 
 
 house and on bank stock, 4 M. 83. 
 • when executor allowed clerk's pay, ofSce rent, &c., in addition to five per 
 
 centum, 4 M. 83. 
 when executors should not be allowed, in addition to those paid attorneys 
 
 for collecting debts, 5 M. 223. 
 when executor entitled to, on fund, 22 G. 649. 
 when, not allowed an administrator! 23 Q. 652. 
 when administrator allowed more than five per centum, 23 G. 674. 
 when cominittee of lunatic not entitled to, 33 G. 674. 
 COMMISSION TO TAKE DEPOSITIONS; see Deposition. 
 when, issues in chancery cause must remain at rules for six months, 2 W. 
 
 191. 
 depositions suppressed when taken under, issued after argument, 4 H. & 
 
 M. 397. 
 should not issue after argument of cause without special order of court, 4 
 
 H. & M. 397, 409. 
 when court will order a, to issue after argument of cause, 4 H. & M, 409. 
 of defendant should be awarded on plaintiff's motion as a matter of course, 
 
 4H. &M.482. 
 cannot issue at instance of defendant to examine plaintiff as a witness, 4 
 
 H. & M. 488. 
 directed to five, "any three of whom may act," must be certified by three 
 
 at least, 1 M. 247. 
 exceptions for irregularities first taken in appellate court cannot avail, 2 
 
 L. 401. 
 deposition of incompetent witness will be excluded whether excepted to 
 
 or not, 2. L. 425. , 
 COMMISSION TO TAKE PEIVY EXAMINATION OF WIFE ; see Deed. 
 it is sufficient if requisitions of act as to, be substantially complied with, 
 
 4 L. 224. 
 what, need not state. Presumed properly issued, 2 W. 156. 
 good though issued in blank and so returned, 2 C. 263. 
 
96 COMMISSIONER IN CHANCERY. 
 
 COMMISSIONER IN CHANCERY; see Account ; Equity. 
 omission of, to state notice given must be excepted to, 1 W. 162. 
 should not ascertain value and profits of lands, 1 W. 188 ; contra 2 M. 129. 
 when error in report not noticed, 1 W, 162. 
 
 when exceptions to commissioner's accounts not allowed, 3 C. 253. 
 decree confirming report of, reversed because all accounts were not settled, 
 
 3 C. 502. 
 
 party will be relieved against his own mistake made before, 4 C. 364. 
 
 in taking partnership accounts, parts referring to private affairs should be 
 I disregarded by, 1 H. & M. 9. ' 
 
 when suit may or may not be continued on ground of exceptions to report 
 of, 1 H. & M. 201. 
 
 court should not decide upon controverted accounts withoutreferringthem 
 to, 1 H. & M. 543. 
 
 settlement of administration account without notice to legatees and dis- 
 tributees is improper, 2 H. & M. 10. 
 
 order for an account not stating by whom, must be before a, of the court, 
 2 H. & M. 26. 
 
 court cannot appoint commissioners to make up an account out of State 
 except by consent, 2 H. & M. 26. 
 
 when valuation of commissioners of property decreed to be sold should not 
 be set aside, 4 H. & M. 402. 
 
 if neither party intends to except to report of, it need not lie till next term, 
 
 4 H. & M. 409. 
 
 order for account must be executed in twelve months unless time ex- 
 tended by court, 4 H. & M. 410. 
 
 commissioners appointed to divide lands allowed $5 a day, 4 H. & M. 436. 
 
 when objections for want of proof of items of account should be made, 4 
 H. & M. 450. 
 
 when creditor admitted party plaintiff may at once prove his claim before, 
 4H. &M. 475. 
 
 quxre, as to right of commissioners to adjourn taking of depositions unless 
 such adjournment mentioned in notice, 1 M. 247. 
 
 court may direct commissioners instead of a jury to state account of profits 
 of land, 2M. 129. 
 
 report may be objected to for errors on its face, though not excepted to, 2 
 M. 285; 2 W. 195. 
 
 failure to mention in report, that notice was given, not error if no excep- 
 tion filed, 2 M. 285. 
 
 want of notice of time of taking account not sufficient reason for a bill of 
 review, 2 M. 305. 
 
 what insufficient reasons for setting aside a sale by commissioners nader 
 
 order of court, 4 M. 124. 
 exceptions to first report are waived if second report is not excepted to, 2 
 
 G. 116. 
 powers of a, appointed to execute a decree of court cease when court is. 
 
 abolished, 6 G. 609. 
 
COMMISSIONER IN CHANCERY—COMMITMENT. 97 
 
 COMMISSIONEE IN CHANCERY, Continued. '■■ 
 
 when commissioners proceeding to execute a decree after an appeal guilty 
 of contempt and their acts void, 6 G. 609. 
 
 when commissioner to sell lauds should he made party to suit to subject 
 the proceeds of sale, 8 G-. 260: 
 
 what necessary to sustain exception to report of, for want of notice, 3 G. 
 315. 
 
 may take deposition^ of witnesses in taking an account, 3 G. 315. 
 
 when report of, recommitted, 9 G. 531. 
 
 eifect of general confirmation of report of, containing alternate statements, 
 -3 G. 315. 
 
 claim not reported by, may he considered as stated in his" report, when, 3 
 G. 315. 
 
 exception to report which had been returned six years overruled, 9 G. 665. 
 
 report presumed to have been made by proper authority. When mistake 
 on its face corrected, 5 G. 384. 
 
 when exceptions to report not necessary to raise questions raised by plead- 
 ings and proofs, 10 G. 513. 
 
 if two commissioners directed to sell land, sale by one is irregular, 2 P. & 
 H. 483. \ 
 
 account recommitted to, to enquire as to items connect^ with a partner- 
 ship for gambling, 7 G. 1. 
 
 when waiver of exceptions to report may be withdrawn, 25 G. 692. 
 
 when exceptions to a report not necessary, 28 G. 365. 
 
 answer not referring to report of, not regarded as an exception thereto, 33 
 G. 451. 
 
 exception to report of, cannot be first taken in appellate court, 33 G. 451. 
 
 report of, recommitted for account of liens, and error to decree sale befoje 
 account taken, 33 G. 567. 
 
 COMMISSIONEE OF THE REVENUE. 
 
 burden of proof is on, holding auditor's warrant to show its non-payment, 
 3 C. 6. 
 
 when clerk may show he was prevented from obtaining a quietus by the 
 default of the, 2 M. 31. 
 
 facts authorizing appointment of deputy by, cannot be collaterally ques- 
 tioned, 20 G. 165. 
 
 certificate given by deputy, how signed, &c., 20 G. 165. 
 
 act of 1875 held to repeal charter of Portsmouth as to term of office of, 31 
 G. 96. 
 
 act 1880 as to election of, for Giles county, construed, 33 G. 368. 
 
 when auditor compelled by mandamus to deliver property hooks to, 33 
 G. 368. 
 COMMISSIONATING. 
 
 what amounts to, what not, J. 9. 
 COMMITMENT. 
 
 is not such an act of judicial power that it must be executed by courts 
 or judges, 2V. C. 276. 
 
 13 
 
98 COMMITMENT— COMMONWEALTH. 
 
 COMMITMENT, Conlimted. 
 
 who may commit deserting seamen, 2 V. C. 276. 
 
 wliat warrant of, should set forth. How made part of the record. When 
 
 indictment not quashed, 2 V. C. 504. 
 held illegalon habeas corpus as not sufficiently describing the offence, 1 Eob 
 
 744. 
 when prisoner committed by a justice should be examined and by what 
 
 court, 18 G..969. 
 circuit court cannot try prisoner for felony until he is committed and 
 
 examined, 19 G. 626. 
 
 COMMITTEE ^ see Lunatic. 
 what action could be brought by, of a lunatic prior to Eevisal of 1819. 
 
 What not, 1 P & H. 1. 
 when and how regularity of appointment of, of lunatic cannot be enquired 
 
 into, 1 P. & H. 121. 
 party receiving bonds of a lunatic for debt due by his, must account in 
 
 equity, 1 P. &. H. 121. 
 what proper evidence in such a suit, 1 P. & IJ. 121. 
 when, of lunatic not entitled to commissions, 33 G. 674. 
 
 COMMON, 
 when, parol evidence admissible to show equitable title in inhabitants of a 
 
 town to land annexed to town as a, 3 M. 358. 
 when single surviving trustee of a town may assert above right, 3 M. 358. 
 COMMON CAERIER; see Carrier. 
 COMMON LAW. 
 
 restored when statute changing it is repealed, 16 G. 363, 519. 
 COMMONWEALTH, 
 purchaser of lands of public debtor who is evicted has no redress against 
 
 the, 4 E. 482. 
 what redress party claiming land in possession of, has, 2 L. 596. 
 when possession of land by, held a ratification of a contract by county 
 
 court to buy, 2 L. 596. 
 quxre, as to remedy of, against a public debtor, 3 L. 703. 
 actual possession of land for fifteen years by patentee claiming the same, 
 
 not adversary to, 8 L. 458. 
 act Sup. E. C. page 148 as to appeals applies to, 1 G. 294. 
 ; when judgment in favor of, only bound one-half of debtor's lands, 2 G. 419. 
 time does not run against, 11 G. 572. 
 
 not liable for articles furnished the penitentiary in 1861-2, 20 G. 404. 
 writ of error lies for, in prosecution for sale of ardent spirits, 10 G. 749. 
 wiiat a judgment in favor of the, 29 G. 683. 
 on what judgment, at relation of auditor, may sue collector and sureties, 
 
 29 G. 683. 
 in what courts, may sue. Sureties of collector cannot have homestead 
 
 against, 29 G. 683. 
 may go into equity to enforce judgment against property covered by home- 
 stead deeds, 29 G. 683. 
 
COMPENSATION— CONDITION. ' 99 
 
 COMPENSATION; see Ad Quod Damnum ; Dejkieacy ; Land. 
 rule of, when certificates cannot be restored, 1 W. 164. 
 equity will relieve against a penalty when compensation can he made, 1 
 
 C. 533. 
 how, fixed when equity relieves against a penalty, 2 0. 421. 
 when equity will decree, for deficiency in land, 1 M. 63. 
 vendor required to make, for deficiency in land though deed read " more 
 
 or less," 2 M. 290. 
 equity will relieve against forfeitures from lapse of time on, being made, 
 
 4 M. 332. 
 allowed where specific execution refused, 3 E. 238. 
 charge for nursing father-in-law disallowed, 3 E. 559. 
 for land condemned by the James Ei'fer and Kanawhn Company, 9 L. 313. 
 not allowed vendee for small inaccuracy in surveying, 10 L. 37. 
 principles of allowing, to vendor or vendee of laud, 1 Eob. 287. 
 vendee allowed, for deficiency of twenty-seven acres in tract of 280 acres, 
 
 1 Eob. 287. 
 vendee allowed for deficiency in this case, 1 Eob. 448. 
 qxiasre, as to measure of, to heirs of wife for her land sold by husband, 5 G. 
 63. 
 COMPEOMISE. 
 propositions of, which prove ineflectual not admissible in evidence, 1 C. 
 
 18 ; 5 M. 507. 
 held void as without consideration and fovinded on misinformation, 3 C. 439. 
 what a binding, of widow's right to share of crop, 6 M. 61. 
 of rights as to land held binding if no fraud in obtaining it, 2 E. 442 ; 10' 
 L. 434. 
 CONCEALED WEAPONS. 
 
 from what jury may find a habitual or general wearing of, 7 G. 597. 
 CONCILIATION— COUET OP. 
 decision of military, not binding on party who did not consent to its hear- 
 ing case, 22 G. 780. 
 CONDEMNATION OP LAND; see Ad Quod Damnum; Damages; Inquisition. 
 CONDITION. 
 
 if performed after forfeiture, when title saved, 1 W. 38. 
 
 breach of, when and by whom scire foaias issues, 1 W. 91. 
 
 immaterial variance between, and declaration, 1 W. 204. 
 
 case of, performed, 1 W. 239. 
 
 what is not performance of, of forthcoming bond, 1 W. 274. 
 
 performed must be proved by defendant on motion on forthcoming bond, 
 
 1 W. 330, 
 assignee of bond with collateral, dated in 1794, cannot sue in his own name, 
 
 1 C. 483 ; 2 C. 232. 
 what is a bond with a collateral, 2 C. 232. 
 
 to pay residue of debt if part remitted must be strictly performed, 2 C. 421. 
 of grant that grantor my re-enter for non-payment of rent, when he may 
 do so, 8 C. 491. 
 
100 CONDITION— CONFEDERATE MONEY. 
 
 CONDITION, Continued. 
 governor cannot pardon upon, 4 C. 35. 
 equity will not grant a favor to party by imposing, on other party, 1 H. & 
 
 M.'l. 
 if one contract to assign bonds and the other to convey lands, covenants 
 
 are dependent on each other, 3 K. 68. 
 when action may be on dependent covenant as if independent, 3 R.71. 
 conveyance of land held not a, precedent to right to demand purchase 
 
 money, 4 E. 346. 
 when action cannot be maintained for money until performance of what 
 
 is consideration of it, 4 E. 352. 
 whether covenants are dependent or independent, 4 E. 352. 
 qusere, as to when equity will relieve against a, precedent, 7 G. 168. 
 penalty and, of bond being in the same sum, it is treated as asingle bill, 7 
 
 G. 310. 
 subsequent annexed to the emancipation of a slave is void, 9 G. 537. 
 when vendor must aver execution or tender of deed in action on covenant 
 
 to pay purchase money, 9 G. 154. 
 when a, that legatee shall remain a member of Society of Friends void, 11 
 
 G. 804. 
 substitute of militiaman deserting loses the amount promised him, 2 V. 
 
 C.138. 
 annexed to emancipation held repugnant and void, 12 G. 117. 
 when party bound by a, attached to a legacy, 15 G. 350. 
 what a, precedent to recovering money from railroad company for work 
 
 done for it, 12 G. 595. 
 a conditional contract as to emancipating slave, 15 G. 256. 
 in a codicil of will held a, subsequent and estate not forfeited, 28 G. 192. 
 of deed in this case held not performed,' 31 G. 158. " 
 in policy of insurance that if assessment on premium note is not paid 
 
 policy shall be void held valid, 33 G. 743. 
 CONDITIONAL SALE; see Sale. 
 CONFEDEEACYs see War. 
 
 CONFEDERATE C'ONTEACTS ; see Confederate Money. 
 CONFEDERATE MONEY, 
 what a bond for, how scaled, 18 G. 426. 
 
 when note not payable in, but in legal money of the country, 18 G. 703. 
 when bond payable in currency of the day when demanded, 18 G. 708. 
 sale of land held to be for, purchaser having tendered, how scaled, 19 G. 
 
 331. 
 what payment in, on notes secured by trust and owned by non-resident, 
 
 invalid, 19 G. 366. 
 how payment in, should be scaled, 19 G. 758. 
 payment in, to branch bank held invalid, 20 Q. 457. 
 how claim for loan of, and services ascertained, 20 G. 527. 
 notes of Lynchburg held to have been issued with reference to, as a stajid- 
 
 aid, 20 G. 330. 
 
I^f JUL 
 
 CONFEDERATE MONEY. 
 
 CONFEDERATE MONEY, Omtinued. \/>^ ,„.^ 
 
 when sale for, must stand, 20 G. 1. ^^l!?' Lf 3^^ 
 
 rules for scaling Confederate contracts. Liability on check drawn during 
 
 the war, 21 G. 1. 
 contract for sale of land for, held valid, 21 G. 75. 
 qusere, as to what obligor bound to pay, 21 G. 132. 
 what a contract payable in, and not usurious. How scaled, ■ 21 G. 273. 
 acts providing modes of ascertaining value of, constitutional, 21 G. 303. 
 proviso to section 1 act of March 3rd, 1866, as amended by act of February 
 
 ,28th, 1867, is annexed to section 2 of first act. 21 G. 373. 
 when pay men D is to be made in, for land, time is of the essence of the con- 
 tract, 21 G. 474. 
 jury must fix time when scale shall be applied to debt for, 21 G. 556, 
 party held bound to pay renewal of a note for, 21 G. 556'. 
 sale of land held a contract for; what purchaser may elect to do, 21 G. 574. 
 debtor held to have right to pay bond immediately in, 21 G 626. 
 bond not presented to executor when demanded, scaled, 21 G. 626. 
 what not a Confederate contract, 21 G. 93, 334, 619. 
 transactions in, valid. Decrees of sale for, valid, when, 21 G. 636. 
 sale ofland held to be for,how scaled. Words " current funds " construed, 
 
 21 G. 762. 
 when party may prove by parol, agreement to pay bonds in, 21 G. 762, 
 decree of sale presumed to be far, when, 21 G. 313, 373, 636. 
 liability of trustee selling for, and receiving payment of debts in, 21 G. 
 
 733. 
 what contracts embraced in act March 3rd, 1866, as to, 32 G. 313, 550. 
 how accounts stated when guardian received good money before the war, 
 
 and settled with a second guardian in, 22 G. 313. 
 ' what a contract with reference, to, measure of relief, 22 G. 364. 
 how debt scaled in this case, 22 G. 550. 
 what purchase at judicial sale is for, 22 G. 724. 
 surety paying debt in, can only recover value of money paid and interest, 
 
 22 G. 748. 
 when sale of land for, enforced, 22 G. 769, 888. 
 wliat a contract for, and debt scaled from its date, 22 G. 609, 780. 
 what not a contract with reference to, 23 G. 102, 718 ; 27 G. 182, 824. 
 pa'rol evidence admissible to prove parties had reference to, how scaled in 
 
 this case, 23 G. 534. 
 when ante-war debt not converted into contract for, by taking new note 
 
 for it, 23 G. 551. 
 what a borrowing of, and scaled, 23 G. 809. 
 what a contract for, and to be scaled, 24 G. 116, 219, 368; 25 G. 232 ; 26 G. 
 
 127, 455, 667, 903. 
 when and how agent of foreign party during the war charged with money 
 
 collected, 26 G. 188. 
 measure of relief in the adjustment of Confederate transaction, 27 G. 849. 
 when commissioner selling under decree has no right to receive, 27 G. 824. 
 
102 CONFEDERATE MONEY— CONFESSION OF 
 JUDGMENT. 
 
 CONFEDERATE MQNEY, Continued. 
 
 when puMhaser of land having purchase money invested in, must lose it, 
 
 29 a. 46. 
 when guardian guilty of breach of trust in receiving, 29 G. 69. 
 when court had no authority to order investment of, 29 G. 69, 
 what a deht to be paid in, and party entitled to amount tendered without 
 
 interest, ,30 G. 180. 
 when investments by executor in Confederate bonds invalid, though made 
 
 under order of court, 30 G. 192. 
 when receipt by trustee of, a breach of trust, 30 G. 434. 
 when personal representative justified in investing in Confederate bonds, 
 
 32 G. 262. 
 when personal representative responsible for receiving, to pay legatees, 32 
 
 G. 215. 
 when payment of, into court under its order a valid payment, 33 G. 1. 
 when administrator d. b. n. may sue curator for receiving, 33 G. 716. 
 CONFESSION; see Admission; Criminal Jurisdiction and Proceedings; Em- 
 
 dence. 
 when, of accomplice in a felony not evidence against prisoner, 7 G. 641. 
 when, of prisoner evidence on a trial for felony, 10 G. 734. 
 master of an apprentice not a person in authority so as to exclude, made 
 
 to him, 10 G. 734. 
 what not admissible as a, of the prisoner, 5 E. 701. 
 what held to be a voluntary, 2 L. 701. 
 
 the whole, must go to the jury, but not necessarily taken as true, 9 L. 633. 
 when accused cannot prove he made the same, to another person, 9 L. 671. 
 when, proper evidence against prisoner, 24 G. 639 ; 27 G. 954 ; 30 G. 833. 
 what statements of prisoner not competent evidence, 27 G. 997. 
 when on trial for perjury prisoner's statements not sufficient to convict, 27 
 
 G. 1025. 
 weight to which evidence as to, entitled, 2 P. & H. 616. 
 of prisoner on trial for murder held admissible in this case, 33 G. 845. 
 CONFESSION OF JUDGMENT; see Judgment. 
 
 after, by defendant judgment not reversed for defective presentment, 2 V. 
 
 C. 17. 
 when, prevents purchaser from availing himself of an equity, 3 C. 558. 
 after, want of declaration is not error, 4 C. 99. 
 when judgment should be against appearance bail and defendant, 1 H. & 
 
 M. 329; 2M. 334; 3M 121. 
 when after, by executor in suit against him for a devastavit, he cannot go 
 
 into equity, 1 H. & M. 342. 
 when executor confessing judgment is individually bound, 2 H. &M. 57>5. 
 judgment against two on the confession of one erroneous ; proceedings of 
 
 court in such case, 1 M. 45 ; 4 M. 377. 
 executrix bound by, on a bond given by her for a fictitious debt, 2 M. 105. 
 when, if appearance bail waives plea, judgment will be against principal 
 
 also, 2 M. 334. 
 
CONFESSION OF JUDGMENT— CONSENT OF 103 
 PAKTIES. 
 
 CONFESSION OF JUDGMENT, Continued. 
 
 when judgment considered as against bail only, and therefore erroneous, 3 
 M. 121. 
 
 jrhen, by a man of weak understanding good, 3 M. 126. 
 
 defendant's relinquishing plea and agreeing to damages is a, and release 
 of errors, 3M. 167; 1 R. 25. 
 
 for no certain svim in an action for damages, does not authorize court to fix 
 damages, 3 M. 169. 
 
 confession by defendant of plaintiff's right on seire facias to revive judg- 
 ment against him is a, 6 M. 105. 
 
 on a motion on a forthcoming bond is a release of errors in original judg- 
 ment, 1 E. 44. 
 
 question as to whether power of attorney authorized a, 2 Rob. 305. 
 CONFIDENTIAL RELATIONS. 
 
 deed of widow to persons having, with her set aside, 25 G. 28. 
 
 bequest to attorney who wrote the will held valid, 26 G. 152. 
 CONFISCATION. 
 
 decree of, made in United States District Court held a nttllity, 23 Or. 409. 
 
 of debt due by citizen of Alexandria held void, 28 G. 16. 
 CONFLICT OF LAWS; see Absent Defendant; Attachment; Constitutional 
 Law; Judgment; Laws. 
 
 contract construed according to law of Virginia, 13 G. 427. 
 
 paper signed in blank in Virginia and filled up and endorsed in Maryland, 
 a Maryland contract, 17 G. 47. 
 CONGREGATION— RELIGIOUS . 
 
 circuit court may try persons for disturbing ; to what disturbances statute 
 applicable, 3 G. 624. 
 CONGRESS. 
 
 printed copies of acts of, evidence, 5 L. 471. 
 
 grant by, to administrator of officer with provision that he pay part to 
 widow, 9 L. 160. 
 CONSENT OF PARTIES. 
 
 indictment moved by, from one court to another gives latter no jurisdic- 
 tion, 2 V, C. 223. 
 
 when trial is inferred to have been by, 1 W. 9. 
 
 cause in equity cannot be heard when depotoions are to be taken within 
 six months after replication, except by, 2 "W. 191. 
 
 cannot give jurisdiction. A cause may be reheard by, 2 W. 213; 1 C. 55. 
 
 a privy verdict may be rendered to the clerk or deputy in his office by, 1 
 0. 246. 
 
 that suit shall not abate on death of either operates as a release of errors, 
 1 C. 520, 
 
 when, presumed, 1 C. 567. 
 
 plea to first declaration stands as to second, when first withdrawn and 
 second filed by, 2 C. 22. 
 
 in 'ejectment landlord may waive right to be made a party by, 2 C. 498. 
 
104 CONSENT OF PARTIES— CONSIDERATION. 
 
 CONSENT OF PARTIES, Continued. 
 
 cause may be transferred from county to district court by, 6 C. 18. 
 when defendant bound by consent in his answer to open an award, 4 H. 
 
 & M. 356. 
 when, referring a case, of which court has not jurisdiction, to arbitrators 
 
 binds parties, 4 H. & M. 363. 
 commissioner may examine accounts generally, if new order of reference 
 
 mfadeby, 1 M. 447. 
 when appeal cannot be taken even by, 2 M. 336 ; 8 L. 88. 
 an injunction cannot be made perpetual by, in order to take an appeal, 3 
 
 M, 75. 
 when defendant not allowed to plead in abatement after declaration 
 
 amended by, 3 M. 159. 
 may enable court to decide cause as to parties irregularly before it, 3 M. 
 
 358. 
 jurisdiction may be restored to lower court after an appeal by, 4 M. 124, 
 pleadings and issue may be made up, and case docketed and heard by, 10 
 
 L.486. 
 when county court can reinstate cause by, 6 G. 138. 
 CONSIDEEATION. 
 what a sufficient, to support case for failing to indemnify, 1 W. 280. 
 undertaking by an attorney to conduct a suit is a sufficient, 2 "W. 203. 
 what a sufficient, to support an action of assumpsit, 1 C. 18; 2 C. 258; 1 W. 
 
 260. 
 equity will relieve against bond to secure title though, not expressed in it, 
 
 1 C 533. 
 a deed may be averred and proved to have been made in, of marriage, 2 C. 
 
 125. 
 when deed of wife's land passes estate though no, expressed in it, 2 C. 263. 
 agreement to pay residue of debt if part remitted good, 2 C. 421. 
 contract without a, is no bar to legal rights, 3 C. 439. ' 
 
 when on plea of nii debet, drawer may prove that no, was paid for bill, 4 C, 
 
 411. 
 assignor of bond liable whether he assigned for a present or a past, 4 C. 492. 
 general acceptance of order binds acceptor to payee though the, fails, 3 H, 
 
 & M. 319. 
 in equity either party may prove, of deed; purchaser without notice not 
 
 affected thereby, 4 H. & M. 113. 
 promise held to be on sufficient, 2 M. 413. 
 
 equitable title to land held in defendant in, of marriage to testator's daugh- 
 ter, 3 M. 10. 
 
 party or privy to a deed cannot avoid it ^t law for want of, 6 M. 358. 
 
 compromising doubtful rights or settling boundaries is good and favored, 
 6 M. 406. 
 
 question as to validity of bond and its, tried in equity after iudement at 
 
 law,6M.4&l. 
 when contract set aaide in equity for inadequacy of,. Gil. ^0. 
 
CONSIDERATION— CONSTABLE. 105 
 
 CONSIDERATION, Contimed. ' 
 
 parting with right of dower by wife is aufScient, for a deed of other prop- 
 erty to her, 1 R. 219 ; 2 R. 563. ' 
 
 personal property acquired by marriage is a meritorious, and may, or may 
 not, support deed to wife, 1 E. 219. 
 
 when payment to a county surveyor not sufficient, for suit against his sue- 
 cessor, 9 G. 263. 
 
 what not sufficient, to support assumpsit by holder of bond against assignor, 
 9 G. 485. 
 
 deed from husband to wife on meritorious, set up in equity against gran- 
 tor's heir, 10 G. 259. 
 
 what necessary in order to recover back money when, of contract has 
 wholly failed, 10 G. 1. 
 
 what sufficient, for promise by administrator to pay debt of intestate out 
 of assets in his hands, 11 G. 30. 
 
 when there was not failure of, of note given for hire of slaves, 26 G. 145. 
 CONSIGNEE; see Agent; Carrier. 
 
 without orders to the contrary may sell on the the customary credit, 2 C. 358. 
 
 when not responsible except for gross negligence. What debts his executor 
 not bound to collect, 2 C. 358. 
 
 is entitled to commissions. Cannot by pawning goods divest consignor'-s 
 property in them,. 2 C. 415. 
 
 who fails to render accounts during five years' litigation, charged with the 
 whole amount received, 2 C. 415. 
 
 account of sales rendered by, to consignor prima facie evidence of its cor- 
 rectness, 4 G. 163. 
 
 ^mre, as to what, must show to recover for advancements to consignor, 4 
 
 G. lea 
 
 cannot pawn goods. His authority. Jurisdiction of equity over, 4 H. & 
 M. 482. 
 CONSOLIDATION OF CAUSES ; see Equity. 
 
 a matter of discretion with the court. How actions consolidated, 3R. 481. 
 
 in this case, held improper, 7L. 331. 
 
 agreement that suits should be heard together is a, when, 22 G. 510. i 
 
 proceedings when three creditors' suits consolidated and heard together, 
 28 G. 850. 
 CONSPIRACY. 
 
 what insufficient to establish, so as to let in evidence declaration of con- 
 spirator, 4 G. 547. . 
 
 when confessions or adoiissions of accomplice in a felony not evidence 
 against prisoner, 7 G. 641. 
 
 what must be proved, and how, in a case of^ 21 G. 871. 
 
 proceedings on a trial for a, 31 G. 836, 
 
 what evidence as to a, admissible. What notj 31 G. 469. 
 CONSTABLE; see Office; Officer. 
 
 when, selling property under an execution not protected from actiolk by 
 claimant, 2 V. C. 256. 
 
 14 
 
106 CONSTABLE— CONSTITUTION OF VIEGINIA. 
 
 CONSTABLE, Continued. 
 execution on judgment of justice cannot be served by a, when^ 4 E. 356. 
 when, cannot take indemnifying bond under act concerning executions, 5 
 
 E. 693. 
 effect of receipt of, in suit on his official bond, 2 Bob. 229 ; 3 G. 286 ; 9. 
 
 G. 13. 
 oflBcial acts of, valid in any part of county, and sureties responsible there- 
 for, 3 G. 286. 
 justice can give judgment against, and sureties for his failure to pay money 
 
 collected by him, 3 G. 188. 
 one joint noiiceto, and sureties, on defaultin several cases sufficient. Judg- 
 ment should be separate in each case, 3 G. 198. 
 ■what signing of receipt by, indicates it to be in his official character, 3 
 
 G 286. 
 what assignment of breach referring to receipt of, sufficient in suit on his 
 
 official bond, 9 G. 13. 
 CONSTITUTION OF THE UNITED STATES, 
 construed as to the rights of citizen of United States and citizen of State, 
 
 2 M. 393. 
 Court of Appeals will disobey order of United States Supreme Court if 
 
 not authorized by the, 4 M. 1. 
 quaire, whether section 12 act of Congress of September 24th, 1789, is 
 
 authorized by, 5 M. 507. 
 act of Congress laying a tax on stamps is no violation of, 1 V. C. 128. 
 offence under act of Congress cannot be punished in State courts, 1 T. C. 
 
 321; 2V. C. 34. 
 penal laws of foreign country cannot be enforced in State courts, 2 V.C. 34. 
 congress may authorize, but not compel State officer to commit offender, 2 
 
 V. C. 276. 
 does not authorize State courts to punish an offence created by act of 
 
 Congress, 1 V. C. 321 ; 2 V. C. 34. 
 authorizes act of Congress of July 20, 1790, as to deserted seamen, 3 V. C. 
 
 276. 
 revenue laws of State held not in conflict with, 33 G. 898. 
 CONSTITUTION OF VIEGINIA; see Consiitulional Law ; Judge. 
 statute changing mode of making up jury after prosecution commenced, 
 
 constitutional, 3 G. 602. 
 act of February, 1823, as to punishment with stripes not contrary to, 6 R. 
 
 694. 
 county levy not contrary to bill of rights, 5 C. 139. 
 ^uxre, if action lies against officer acting under an unconstitutional law, 3 
 
 M. 579. 
 is fundamental law and binding upon all branches of the government, 1 
 
 V. C. 20. * 
 
 Jaw of 1792 as to power of district judges to grant injunctions, and act of 
 
 January 2, 1788, unconstitutional, 1 V. C. 20. 
 act of 1787 declared act of October, 1778, as to powers of executive, un- 
 constitutional, 1 V. C. 16, 
 
CONSTITUTION OF VIRGINIA— CONSTITU- 107 
 TIONAL LAW. 
 
 CONSTITUTION OF VIEOINIA, Continued. 
 
 act levying tax to improve navigation of stream lield constitutional, 3 G. 
 236. 
 
 act of March 31st, 1848, establishing Special Court of Appeals constitu- 
 tional, 5 G. 518. 
 
 does not of itself give jurisdiction to either Supreme or District Court of 
 Appeals, 10 G . 650. 
 
 act of 1851-2 p. 58 directing circuit court of Heurico to he held in Eich- 
 mond, constitutional, 10 (i. 749. 
 
 to what court appeal decided by United States Supreme Court after retrp- 
 cession of Alexandria county to Virginia, sent, 7 G. 68. 
 
 when term of county judges commenced and ended under code of 1873, 
 32 G. 779. 
 CONSTITUTIONAL LAW; see Constitution of Virginia; Contract; Corpora- 
 tion, ; Laws ; Taxes. 
 
 1. In General. 
 
 2. Obligation of Conteacts. 
 
 3. Taxation. 
 1. In General : 
 
 powers of general conference of Methodist Episcopal Church, 13 G. 301. 
 article VI ?22 constitution of Virginia applies to all State officers, and 
 
 governor holds over until his successor is qualified, 18 G. 85. 
 sections 2 and 4 of schedule to Constitution of Virginia continues in force 
 
 act as to juries, 20 G. 733, 800. 
 legislature can prevent foreign corporations from doing business in the 
 
 State except upon terms, 13 G. 767. 
 article IV of amendments to U. S. Constitution refers to U. S. Government 
 
 and not to the States, 16 G. 139. 
 act extending boundaries of Kichmond constitutional. Effect of, 18 G. 583. 
 Congress cannot contract to exemptcitizensfrom military service, 16 G. 470. 
 Congress can raise armies by contract or coercion, 16 G. 470. 
 Congress cannot force State officers into military service, 16 G. 470. 
 act. 1848 establishing Special Court of Appeals constitutional. Construed, 
 
 5 G. 518. 
 section 2 of schedule to Constitution does not refer to mayors' courts, 19 
 
 G. 673. 
 privileges of citizens personal, and cannot be assigned, 13 G. 767. 
 ^ act of March 1856 as to searching vessels constitutional, 16 G. 139. 
 article V of amendments to U. S. Constitution not applicable to legislation 
 
 of States, 20 G. 165. 
 power of legislature to take franchise and property of citizens, 3 G. 258. 
 to whatconstitutiMial provision forbidding expostjacto laws relates, 3 G. 602. 
 what questions governed by law of time when offence committed What 
 
 not, 8 G. 661. 
 act of 183Dch. 199 ^25 constitutional, 9 G. 738. 
 
 act of Congress June 7th, 1862, is in violation of provision of U. S. Con- 
 stitution forbidding ex post /acta laws, 18 G. 100. 
 
108 CONSTITUTIONAL LAW. 
 
 CONSTITUTIONAL LAW, In General, Continued, 
 
 act March 17th, 1856, as to slave property is coastitutional, 16 G. 139. 
 
 act March 5th, 1870, asto appointment of mayors, constitutional, 19 G. 673. 
 
 military appointees derived no power from U. S. or State Constitution, 19 
 G. 673. 
 
 enabling act of 1870 as to rehearing decrees of military judges unconsti- 
 tutional, 20 G. 31. 
 
 force and authority of bill of rights. It has no reference to convicted 
 felons, 21 G. 790. 
 
 State court can decide constitution of State is in violation of that of United 
 States, 22 G. 266. 
 
 when governor can grant a conditional pardon, 22 G. 789. 
 
 act 1870 to prevent sacrifice of property at forced sales constitutional, 23 
 G. 173. 
 
 act as to transferring cases by Court of Appeals to circuit courts held con- 
 stitutional, 23 G. 579. 
 
 enabling act of 1870 constitutional, how far, 23 G. 691. 
 
 act 1870 requiring person engaged in duel to testify unconstitutional, 24 
 G. 624. 
 
 governor can pardon for felony before prisoner is sentenced, 25 G. 850. 
 
 act of 1853 giving jurisdiction to Court of Appeals and district courts con- 
 stitutional, 10 G. 650. 
 
 ordinance of Virginia convention of June 24th, 1861, is in violation of 
 Constitution of United States, 26 G. 131. 
 
 act 1874 forbidding non-residents to plant oysters, unconstitutional, 27 G- 
 985. 
 
 2," OBLiaATION OF CONTRACTS : 
 
 act extending term of sheriff constitutional, 15 G. 1. 
 
 act 1866 requiring banks to go into liquidation constitutional, 18 G. 509. 
 
 ^ct staying sales under deeds ,of trust unconstitutional, 18 G. 244. 
 
 apt modifying charter of express company constitutional, 18 G. 295. 
 
 act as to debtors of bank paying branch bank unconstitutional, 20 G. 457. 
 
 acts for adjusting Confederate debts constitutional, 21 G. 303. 
 
 homestead law unconstitutional as to debts contracted before its passage, 
 22 G. 266. 
 
 act March, '71, funding public debt a contract and constitutional, 22 G. 833. 
 
 act March 7, 1872, so far as it affects bonds issued under act of 1871 is un- 
 constitutional, 22 G. 833, 
 
 how far the said act of 1872 constitutional, 24 G. 169. 
 
 payment of obligations made by legislature in 1861-2 prohibited by coif- 
 ' stitntion, 24 G. 172. 
 
 Code 1873 ch. 57 ?3S as to defense of usury by corporations constitutional, 
 25 G. 1. 
 
 act of 1873 as to remitting interest unconstitutional, 28 G. 207, 775, 840. 
 
 contracts made by counties for salt valid, 28 G. 526, 872. 
 
 act of 1873 as to re-opening judgments unconstitutional, 31 G. 105. 
 3, Taxation : 
 
 bill of rights does not forbid imprisonment for taxes, when, 20 G, 165. 
 
CONSTITUTIONAL LAW— CONSTRUCTION. 109 
 
 CONSTITUTIONAL LAW, Taxation, Continued. 
 
 acts forfeiting land for non payment of taxes, constitutional, 10 G. 405. 
 
 act requiring levy to improve navigation of stream constitutional, 3 G. 236. 
 
 act providing free schools constitutional, 13 G. 78. 
 
 legislature can give municipal corporations the general power of taxation, 
 13 G. 577. 
 
 act of 1852 as to assessments on office of sheriff constitutional, 13 G. 577. 
 
 Code 1860 ch. 38 J25 as to taxation of foreign insurance companies consti- 
 tutional, 13 G. 767. 
 
 constitution does not require tax on licenses to he equal and uniform, 13 
 G. 767. 
 
 Article IV. of Constitution of Virginia relates to taxation by State for 
 State revenue only, 13 G. 577. 
 
 capitation and ad valorem tax for school purposes regulated by constitution, 
 13 G. 78. 
 
 act of 1854 as to tax on collateral inheritances constitutional, 14 G.'422. 
 
 Congress cannot impose forfeiture of land for non-pajment of taxes, 18 G. 
 100. 
 
 acts 1866-7 ch. 57 ?63 as to taxes on licenses constitutional, 20 G. 165. 
 
 act 1866 ?7 as to duty on oysters unconstitutional, 20 G. 419. 
 
 act fixing taxing district of Lynchburg constitutional, 20 G. 661. 
 
 exemption from taxation of Richmond and Danville Gailroad Company 
 constitutional, 21 G. 604. 
 
 act requiring a license of dealer in second-hand articles constitutional, 21 
 G. 785. , 
 
 act 1870-71 prohibiting sales by sample constitutional, 23 G. 935. 
 
 act imposing license tax on merchants constitutional, 25 G. 951. 
 
 ordinance Eichmond taxing telegraph companies constitutional, 26 G. 1. 
 
 ordinance of Norfolk assessing lots per front foot for paving street consti- 
 tutional, 26 G. 224. 
 
 act March, 1879, exempting bonds issued under it from taxation constitu- 
 tional, 33 G. 237. 
 
 revenue laws of State held not in conflict with TJ. S. constitution, 33 G. 898. 
 
 CONSTITUTIONALITY OF LAWS ; see ConstUutional Law. 
 
 CONSTRUCTION; see Contract; Constitutional Law; Deed; Deed of Tr^st; 
 Statutes; Will. 
 
 of a statute long acquiesced in ought not to be disturbed, 4 C. 109. 
 
 word " month " in a statute construed calendar month, 5 G. 285. 
 
 proviso to one section of an act not applicable to another section of said 
 act, unless such intention clearly shown, 23 G. 542. 
 
 of words in bond of cashier of a bank, 2 TP, & H. 277. 
 
 " endorsement " construed in its popular sense in an indictment for forgery, 
 11 G. 822. 
 
 act of February, 1823, as to punishing with stripes not contrary to Consti- 
 tution of Virginia, 6 R. 694. ' 
 
 marrying a brother's widow is an offence within the statate, 2 L..717. 
 
 when statute providing new punishment for old offences operates asadis- 
 
no CONSTRUCTION— CONTEMPT. 
 
 CONSTRUCTION, Continued. 
 
 charge of persons in, "arrest, 2 V. C. 382. 
 
 what mill not included in, 1 K. C. ch. 235 §10, 2 L. 721. 
 
 of statutes as to larceny, 2 L. 727. 
 
 in, of code of 1849 old law not altered unless such intention plainly ap- 
 pears, 11 G. 220. 
 
 words of definite legal signification in a contract construed in their definite 
 legal sense, 11 G. 434. 
 
 in, of a will the whole instrument is to be looked to to get the testator's 
 intention, 11 G. 771. 
 
 in, of a will, how technical terms, and how ordinary and popular lan- 
 guage, construed, 11 G. 785. 
 
 of devise or hequest to survivors on death of devisee or legatee for life, 11 
 G. 67. 
 
 word "may " in code of 1849, ch. 96, S3, construed as not imperative, 11 G. 
 655. 
 
 of instrument is favorable to party taking it from one who prepared it, 32 
 G. 530. 
 
 as to repeal of a statute by implication, 29 G. 705 ; 33 G. 696. 
 
 principles on which statute will be construed as prospective or retrospect- 
 ive, 33 G. 674. 
 
 CONTEMPT, 
 it is not, in sheriff to execute decree before record is carried up, 1 H. & 
 
 M. 210. 
 when seqiTCstration cannot issue on sheriff's return on an attachment for, 
 
 1H.AM. 310. 
 when attachment for, for refusing to obey a decree should not be awarded, 
 
 5 M. 442. 
 
 it is not, to sell under execution though injunction has been issued, if no 
 
 bond has been given, 2 H. & M. 23, 
 after decree against defendant in, on what condition he may file answer, 4 
 
 II. & M. 484. 
 while defendant is in, no plea can be admitted save on motion in open 
 
 court, 4 H. & M. 504. 
 what, no ground of objection to pleading to scire facias to revive a decree, 
 
 4H. &M. 504. 
 when defendant committed to jail under a commission of rebellion, 4 H. 
 
 6 M. 507. 
 
 process of, lies only for disobedience of what is decreed, 1 R. 242. 
 attachment for, should not issue until after rule to show cause, when, 1 
 
 V. C. 333. 
 superior court can reverse judgment of county court imposing fine for, 1 
 
 V. C. 330. 
 what action of a justice not, 1 V. 0. 330. 
 preventing witness from attending court is a, S V. C. 1. 
 what affray and riot during recess of court is not a, 2 V. C. 320. 
 what insult to judge off the bench a, of court, 2. V. C. 408. 
 usual proceedings when, is in open court, and when it is not, 2 V. C. 403. 
 
CONTEMPT— CONTINUANCE. Ill 
 
 CONTEMPT, Contintied. 
 when court should enquire whether suit was not brought in, of courtj 2 
 
 L. 733. 
 concealment of themselves by witnesses not a, punishable in a summary 
 
 manner, 4 L. 685. 
 commissioners executing a decree after an appeal granted, guilty of, C G. 
 
 109. 
 how an attorney may purge himself of, 21 G. 500. 
 a proceeding for, in disobeying an injunction is in nature of a criminal 
 
 proceeding, 13 G. 40 
 an appeal may be taken from judgment of circuit court imposing a fine 
 
 for, 21 G. 500. 
 
 CONTINtJANCE ; see Oriminal Jurisdiction and Proceedings. 
 
 not granted if party has not taken steps to get deposition of sea-iariiig 
 witness, 2 C. 415. 
 
 party believing he can get other testimony should move for a ; if he does 
 not he cannot have a, new trial, 4 C. 450. 
 
 motion to dissolve an injunction should not be continued unless from great 
 necessity, 1 H. & M. 7. 
 
 when, granted because there are exceptions to commissioner's report, when 
 refused, 1 H. & M. 201. 
 
 affidavit on motion for, not part of record unless made so by bill of excep- 
 tions, 1 H. & M. 374. 
 
 if, improperly reiused judgment will be reversed, 4 H. & M. 157. 
 
 when if, is refused relief is at law and not in equity, 4 H. & M. 180. 
 
 when, should not be granted because bill to discover usury filed, 3 M, 170. 
 
 judgment should not be reversed for a ground of, not stated in exceptions, 
 3 M. 170. 
 
 when party may properly be refused a farther, 3 M. 219. 
 
 when motion for, on ground of absence of material witness should not be 
 overruled, 4 M. 547. 
 
 when, should be granted without proof that subpoenas were given to sheriff, 
 6 M. 390. 
 
 should be granted defendant when plaintiff fails to give security for costs, 
 when, Gil 123. 
 
 in this case should have been granted, 1 L. 1. 
 
 on motion for, couri may examine party making it, 2 L. 584. 
 
 what not sufficient grounds for, on motion by administrators against credi- 
 tors of estate, 9 L. 1. 
 
 if pleadings are made up in court defendant is entitled to a, 12 G. 312. 
 
 should have been granted in this case for sickness of defendant, 10 L. 486. 
 
 parly ndt entitled to a, nor to have case put off for another day of term, 
 12 L. 466. 
 
 case should be tried at first term unless good cause be shown, 1 Eob. 591. 
 
 refused if facts to be proved by absent witness not material, 5 G. 332. 
 
 when a motion for a, should be refused. When appellate court will not 
 reverse judgment because, refused, 27 G. 676. 
 
1 1 2 CONTINUANCE— CONTRACT. 
 
 CONTINUANCE, Continued. 
 principles governing courts on motion for, in criminal cases, 17 G. 62'?, 
 
 629 ; 32 G 855. 
 when error to refuse, in criminal case, 32 Q. 855. 
 
 to a term not the next term of the court is not a discontinuance or dis- 
 missal of cause, 2 P & H. 608. 
 properly refused in these cases, 8 G. 695; 10 G. 658 ; 15 G. 381 ; 16 G 99 ; 
 
 17 G. 627. 
 when court will refuse, to a prisoner in prosecution for murder, 3 G. 566. 
 when, granted because material witness absent, 29 G. 431, 570. 
 when writ of error not allowed to refusal of; principles as to granting, 6 R, 
 
 673 ; 2 V. C. 6. 
 properly refused in these criminal cases, 2 V. C. 156 ; 5 L. 715 ; 9 L 639. 
 when court may require afladavit of witness before it will grant a, 6 R. 
 
 704. 
 denial of, in this cage held improper and judgment of conviction reversed, 
 
 10 L. 687. 
 when error to refuse, 12 G. 564; 17 G. 627; 21 G. 11. 
 when proper to continue case over September term of court, 24 G. 31. 
 refusal of lower court to grant a, not reversed unless plainly wrong, 33 G. 
 
 443. 
 
 CONTRA BONOS MORES. 
 
 limits of principle fixed by adjudicated cases, 5 R. 62^. 
 CONTRACT. 
 
 1. In General. 
 
 2. consteucuon. 
 
 3. Validity. 
 1. In General : 
 
 when equity will enforce a parol, 1 W. 136, 326. 
 
 a parol, made subsequent to sealed one, may be declared on in assumpsit, 
 
 1 W. 166. 
 
 what is not a, 1 W. 173. 
 
 written, admissible in action of assumpsit, 1 "W. 199. 
 
 when equity will require specific performance of, when not, 1 W. 274, 290. 
 
 when if, is to pay money or deliver property, delivery may be at debtor's 
 
 house, 1 W. 326. 
 if, is to appoint valuers, court will appoint if parties do not, when, 1 
 
 W. 326. 
 
 undertaking by attorney to conduct a suit a suflScient consideration for a, 
 
 2 W. 203. 
 
 that suit shall not abate on death of either party is a release of errors 1 C, 
 520. 
 
 to pay part of debt if residue is remitted is good, 2 C. 421. 
 to pay specie in consideration of paper money good, 3 C. 433. 
 without a consideration is no bar to legaj rights, 3 C. 439. 
 injunction .to suspend action on, until' a iforJ, can be tried, will uot.be 
 granted, 3 C. 502. 
 
 \ 
 
CONTRACT. 113 
 
 CONTRACT, In Gesteeal, Continued. 
 •when equity will relieve agfiiiist, on ground of fraud, 3 C. 546. 
 what held a breach of, 4 C. 162. 
 what a breach of, to buy land, 4 C. 217. 
 
 party promising to pay debt of another, liable for failure to do so, 4 C. 288. 
 there cau bo no, without mutual obligation, 4 C. 379. 
 stated in bill and denied by answer must be proved, 5 C. 232. 
 purchaser of land relieved if seller knew of deficiency at time of sale, 5 C. 
 
 236. 
 if one party to a joint, is discharged by claimant's act all are discharged; 3 
 
 Eob. 536. 
 person contracting for a lease must keep, before lease will be given, 6 ,0. 
 
 187, 204. 
 insanity insuiBcient to avoid a. may be ground for relief against judg- 
 ments, 6 C. 27a. 
 when defendant sued for breach of, cannot file bill for specific perform- 
 ance, 1 H. & M. 110. 
 when specific performance decreed though deficiency in land supposed,, 1 
 
 H. & M. 110. 
 what an abandonment of a, 1 H. & M. 429. 
 when equity will not protect purchaser against assignee of a bond for the 
 
 purchase money, 3 M. 275. 
 when buyer of slas'e on condition not liable for injury to him, 3 M. 310. 
 to deliver corn without delay did not compel delivery on Sunday, 6 M. 
 
 34. 
 when purchaser can only recover damages for breach of, 3 L. 78. 
 it is incident to, for sale of land by the acre, that purchaser be allowed for 
 
 deficiency, 1 G. 14. 
 when error to decree rescission of a, 10 G. 246. 
 when vendee entitled to property without regard to consideration paid for 
 
 it, 18 G. 231. 
 for sale' of bank note imports warranty of genuineness but not of value^ 1 
 
 G. 359. 
 when usage admissible to explain, 18 G. 323. 
 what no excuse for failure to perform, 17 G. 427. 
 authorizing change in the mode of its performance, 17 G. 427. 
 of hazard, 21 G. 386. 
 State not liable for, to furnish articles to penitentiary during the war, 20 
 
 G. 404. 
 what a condition precedent attached to a, 12 G. 595. 
 to constitute a new, first must be set aside and second substituted, 23 G. 
 
 225. 
 relief denied for failure to complete work according to, when, 23 G. 383. 
 agent of Confederate Government liable for breach of, when, 24 G. 1. 
 parol evidence admitted to show consideration and character of, 24 G. 433 
 quxre, as to power of court when, made in a foreign country, 25 G. 331. 
 as to failure of consideration of notes for hire of slaves, 26 G. 145. 
 when party selling tobacco in his care liable for damages, 26 G. 585. • 
 
 15" 
 
m CONTRACT. 
 
 CONTRACT, In General, Continued. 
 act of 1873 as to remitting war interest unconstitutional, 28 G. 207, 775, 
 
 840. ( 
 
 Interest is a legal incident to a debt. When abated. When not, 28 G. 207. 
 there is an implied, to pay interest on bond payable on demand, 28 G. 840. 
 application of maxim " in pari delicto melior est conditio defendentis," 1 P. & 
 
 H 307. 
 moral obligation good consideration for promise to pay an old debt, 2 P. 
 
 & H. 616. 
 debtor cannot pay debt not due without creditor's consent, 23 G. 225. 
 when party cannot go into equity to claim, was never completed, 29 G. 158. 
 when equity refusing specific performance or rescission of, will direct ac- 
 counts of purchase money paid and of rents and profits, 31 G. 379. 
 2. Construction: 
 what a, with a penalty and not usurious, 1 W. 1, 118. 
 should be construed according to intent of parties, 1 W. 204. 
 is never presumed usurious, 1 W. 368. 
 
 on what terms purchaser failing to perform, decreed conveyance, 2 W. 94. 
 is governed by laws of country where made, if not to be performed else- 
 where, 2 W. 282. 
 whether, is a mortgage or conditional sale depends on circumstances, 2 
 
 C. 421. 
 when purchaser may annul ; relief granted in this case, 4 C. 239. 
 that agreement is to be departed from when justice requires, extends to 
 
 the whole agreement and is good, 4 C. 288. 
 what did not rescind a loan, 4 C. 346. 
 where verbal evidence of, contradictory, statute of frauds applies, 1 H. & 
 
 M. 92. 
 when, considered final and not to be disturbed in equity, 3 H. & M. 288 ; 
 
 2 M. 357. 
 in construing a, the Whole must be taken together, 3 H & M. 399. 
 to convey land when devised is not contra bonos mores, 1 M. 303. 
 when equity will rescind a, 3 M. 54. 
 when purchaser mailing, to pay certain sum in discharge of incumbrance, 
 
 not to be allowed a larger sum, 3 M. 243. 
 if there wais mistake as to land in making, equity will not decree specific 
 
 performance, 5 M. 185. 
 executor making, to give a good title not bound to warrant generally, 5 
 
 M. 295. 
 written, for sale of land construed, 1 M. 134. 
 
 usage and understanding of people considered in construing, 5 M. 483. 
 parol agreement between husband and wife not enforced against heirs of 
 
 husband, 6 M. I. 
 ST real covenant cannot operate to pass to assignee of land, unless vendor 
 
 pan convey the land itself, 3 E. 394. 
 to pay on a certain day unless particular event happen, construed, 3 E. 484. 
 proviso in deed held an absolute conveyanee, not an executory, 1 L. 125. 
 
CONTKACT. 115 
 
 CONTRACT, CoNSTEUCTiON, Continued. 
 made by agent of administrator whose powers are revoked, construed, 2 
 
 L. 512. 
 as to sale of slave if possession obtained by certain day, construed, 3 L. 250. 
 held to be at an end at expiration of a year, 3 L. 619. 
 when dependent covenants regarded as independent, 4 L. 21. 
 when delivery of order for a bond is a performance of, to deliver bond, 4 
 
 L. 401. 
 whether sale is by the acre or in gross is a question of intention, 5 L; 39. 
 when carpenter paid for work done, though whole work not completed, 7 
 
 L. 1. 
 manufacturer could elect how much salt carrier should take under this, 9 
 
 L. 347. 
 as to return of stock construed. General rule as to executory contracts, 
 
 I G. 364. 
 
 endorsements of negotiable paper for accommodation of drawer are several 
 contracts, 1 G. 234. 
 
 when vendee must pay interest from time he got possession of land not- 
 withstanding, 1 G. 298. 
 
 construed to give purchasers each a moiety of land, 5 G 51. 
 
 lor transportation of salt construed. Various questions considered, 5 G. 
 179. 
 
 what a compliance with, to deliver assignment of part of a note, 5 G. 456. 
 
 from what fraud not inferred on, for hire of slave, 6 G. 393. 
 
 what no warranty of fitness of slave for business for which hired, 6 G. 393. 
 
 party held to have no interest in, 9 G. 269. 
 
 endorsement on marriage, of same date is a part of it, 9 G. 286. 
 
 words of definite legal signification in a, so construed. 11 G. 434. 
 
 what, bars wife from dower, but not ftom distributable share of husband's 
 estate, 11 G. 434. 
 
 what an acquiescence by contractor of construction given, 11 G. 676. 
 
 construed, when contractor might refuse to continue work, 11 G. 676. 
 
 when persons jointly purchasing land entitled to it in equal proportions, 
 
 II G. 327. 
 
 what ground for rescission of, for sale of land, 11 G. 468. 
 
 when purchaser declining to rescind, must pay whole of purchase money, 
 
 11 G. 468. 
 between Wheeling and Baltimore & Ohio E. E, tonstrued, l3 G. 40, 
 when estimates conclusive, 17 G. 441. 
 to pay by a note at 60 days is, to pay at that time if no note givefl, 18 G. 
 
 323. 
 what, no breach of a trust in a will, 13 G. 404. 
 what not a Confederate, 23 G. 102, 718. 
 what not an accommodation note, 23 G. 383. 
 when taking new bond for ante- war debt not a novation of the deb t, 23i G. 
 
 551. 
 fairness of, judged of as at time it was made, 23 G. 674. 
 
116 CONTRACT. 
 
 CONTEACT^ CoNSTEUCTiON, Continued. 
 
 >': -when vendor may terminate ; when ho may refuse payment by check, 24 
 
 G. 191. 
 act authorizing James River and Kanawha Co. to borrow money construed, 
 
 24 G. 294. 
 said company held not to have accepted terms of said act, 24 G. 294. 
 ; party hejd entitled to value of State stock at time of loan, 24 G. 406. 
 how, as to shiire of profits carried out in this case, 24 G. 414. 
 of hazard. What party entitled to recover, 24 G. 433. 
 how, with reference to Confederate money scaled.. Admissibility of parol 
 
 evidence, 24 G. 484; 
 ■ rights of party discharged before end of year for which hired, 24 G. 521, 
 language of, as to division of land restricted, 25 G. 287 
 when a, to pay for storage implied. When not, 26 G. 585. 
 note held a new, and not affected by usury in former notes, 26 G. 698. 
 what laws form part of every ; how far State may alter remedy, 28 G. 207. 
 between insurance company and its agent construed, 28 G. 290. 
 what, of attorneys not champertous, 1 P. & H. 48. 
 
 what promise will revive debt discharged in bankruptcy, 2 P. & H. 616. 
 3. Validity : 
 construed, and as to warranty held void, 2 C. 298. 
 may be avoided because party making it was drunk, 1 H. & M. 70. 
 when parol, by executor to pay legacy out of his own estate valid, 3 M. 59. 
 what, by children founded on sufficient consideration and good, 4 M. 63. 
 ' written, without seal, for sale of lands of a corporation, enforced in equity, 
 
 5 M. 324. 
 parol, to convey lands enforced in equity, 6 il. 406 
 
 when, is collateral and void under statute of frauds, 10 L.155 ; 11 G. 636. 
 parol, obligatory, though bill of sale executed in part performance of it, 2 
 
 G. 539. 
 to sell lands for price to be agreed on, too uncertain to be enforced in equity, 
 
 5 M. 396. 
 for sale of land too uncertain to be enforced, 6 M. 212. 
 party must be too drunk to be capable of business to make, void, 6 M. 15. 
 under seal good if party assent to it when sober, though made when drunk, 
 , 6 M. 15. 
 in this case voluntary and void as to creditors, 3 M. 350. 
 written, to deliver bonds void for want of consideration, 4 M 95. 
 when written, by son to pay debt of lather nudum pactum, 4 M. 273. 
 held good as to creditors of husband of party making it, 6 M. 510 
 when deeds of gift, or release, by ward to guardian are void, 2 L. 11. 
 when inadequacy of price villi avoid, in equity, 2 L. 149. 
 effect of alteration of, in a material part bv party claiming under it, 3 
 
 L. 250. 
 
 , deed of gift of party mado imbecile by habitual intoxication void, 3 L.567. 
 what are material circumstances in deciding on validity of, 3 L. 567. 
 when party liable for acts of his slave who was hi=, agent, 4 L. 231. 
 
contract; 117 
 
 CONTKACT, Validity, Contimted. 
 promise by obligor to assignee after assignment of bond and without con- 
 sideration, not binding, 3 G. 165. 
 when property does not pass to buyer under a, to sell, 7 G. 240. 
 when, void because of false representations, or suppression of facts by ven- 
 dors, 7 G. 352. 
 what no objection to enforcement by vendors of a, 7 G. 352. 
 when compromise made in ignorance of important facts not binding, 7 
 
 G. 83. 
 monomania not connected with subject of, will not invalidate it, 9 G. 704. 
 when subscription of money for accomplishment of an object binding, 9 
 
 G. 633. 
 when money paid on, which has been rescinded or the consideration of 
 
 which has failed, may be recovered back, 10 G. 1. 
 administrator can make a valid, to pay debt of intestate out of his assets, 
 
 11 G. 30. 
 what, is a collateral promise to pay debt of another and must be in writing, 
 
 11 G. 636. 
 when collateral promise being void in part is void as to the.whole unless 
 
 in writing, 11 G. 630. > 
 
 when, between joint purchasers not completed and void, 11 G. 327. 
 held not binding, one party not complying with his part of it, 21 G. 334. 
 when party to a, not bound by referee's decision, 15 G. 83. 
 when company liable for failure to keep, 17 G. 441. 
 
 for sale and purchase of gold is not void. What not a., of wager, 20 G. 296. 
 that decision of third person shall be conclusive is binding on both parties, 
 
 14 G. 302. 
 when vendor may recover on, for sale of articles to be delivered, 23 G. 561. 
 effect of fraud on question of enforcing a, 23 G. 737. 
 what necessary to constitute a, unlawful, 24 G. 1. 
 when note given by agent of Confederate government binding on him, 24 
 
 G. 19. 
 for sale of slaves in 1864 held valid, 24 G. 125. / < 
 by county for purchase of salt in 1862 enforced, 28 G. 526. 
 parol, for sale of land good against subsequent judgment creditors of ven- 
 dor, 28 G. 401,418.. 
 . when parol, for land will be enforced, 28 G. 678. 
 parol, as to laud in consideration of future support enforced, 28 G.737. 
 held complete and binding from time of execution, 29 G. 158. 
 when, of agency valid. "When not, 29 G. 732. 
 what a valid sale of chattels. What not. When vendor may recover 
 
 them. When not, 31 G. 664. 
 when equity will set aside a, on ground of natural weakness of mind, when 
 
 not, 1 P. & H. 307. 
 when, arising under State'government during the war enforced, 28 G. 872. 
 between Board of Public Works and certain attorneys, as to prosecuting 
 claims of State against Chesapeake and Ohio Cahal Co., held binding on 
 State, 33 G. 294. 
 
118 CONTRIBUTION— COPY. 
 
 CONTRIBUTION; see Legatee; Sureties. 
 
 when to be claimed from legatees, 1 W. 308 ; 5 M. 176. 
 
 when executor should be a party to a suit for, against legatees, 1 M. 119. 
 
 portion of posthumous child raised by, from devisees and legatees, 3 M. 20. 
 
 when equity will not compel, by one surety to another who was forced to 
 pay, 3 M. 484. 
 
 decree should be against all the lands charged, and not against that of one 
 devisee only, 3 M. 514. 
 
 when executor may bring suit in equity against the legatees for, 4 M. 219. 
 
 when inspector of tobacco can sue co-inspector for, to j udgment against him, 
 IE. 328. 
 
 voluntary donees of debtor liable for, to pay creditor. How liable, 2 R. 384. 
 
 when one endorser of bill of exchange has no right of, against the other en- 
 dorser, 4 E. 553. 
 
 when sureties on first ofiicial bond of sherifi^ have no right to, from sureties 
 on second bond, 5 L. 414. 
 
 when surety on forthcoming bond has not right to, from co-surety on origi- 
 nal bond, 5L. 552. 
 
 party entitled to, from co-sureties ; not to fall indemnity from them as prin- 
 cipals, 5L. 552. 
 
 when tenant for life not bound to contribute with remainderman, 6 L. 504. 
 
 by owners of realty and personalty under deed of trust in this case, 2 R.133 
 
 the part of a tract of land last sold is primarily liable for mortgage which was 
 on whole tract, 4 G. 284. 
 
 jurisdiction of courts of law to enforce, does not affect jurisdiction of equity, 
 4 G. 267. 
 
 surety of insolvent principal entitled to, from co-sureties. How appor- 
 tioned, 4 G. 88. 
 
 when surety on forthcoming bond entitled to, from sureties in original debt,' 
 4 G. 88. 
 
 principle of. When surety executing his bond to co-surety entitled to it 
 for, as against co-surety's assignee, 4 G. 267. 
 
 how party joining in appeal bond entitled to, in this case, 33 G. 527. 
 CONVERSION ; see Personal Eepresentalive; Trustee. 
 
 by administrator of proceeds of sale of personal property of eStatC; con- 
 sidered, 2 L. 512. 
 
 bond taken by administrator for sales of intestate's estate is property of 
 estate, 5 L. 324. 
 
 what, of land into personalty in this case, 2 G. 280. 
 
 what an equitable, of land into money, 6 G. 66. 
 
 sale by administrator of intestate's effects, though on credit is a, 6 G. 475. 
 
 CONVEYANCE j see Deed; Deed of Trust; Fraudulent Conveyance. 
 CONVICT. 
 
 when a, in penitentiary a competent witness in a felony case, 2 G. 581. 
 COPARCENER; see Parceners. 
 Copy ; see Emdenee. 
 
 of lost bond is- admissible, oyer not being craved, 1 W. 252. 
 
COPY— CORPORATION. 119 
 
 COPY, Continued. 
 
 of a record not admissible in court whose record it is, 2 W. 215. 
 
 of a patent, when admissible and authentic, 2 W. 276. 
 
 of unrecorded deed certified by clerk is admissible in evidence, 1 C. 117. 
 
 of deed 'duly proven admissible in evidence if party refuse to produce the 
 Original, 1 C. 117. 
 
 when not necessary to produce, of record of proceeding in a foreign coun- 
 try, 3C. 446. 
 
 qusere, if attested, of deed evidence without affidavit of loss of the original, 
 5 C. 279. 
 
 notarial, of a protest not evidence unless a more authentic copy cannot be 
 had, 6 C. 5. 
 
 of bill of exchange and protest with affidavit of loss of original, not evi- 
 dence to charge drawer, 3 M. 521. 
 
 when certified, of ancient deed evidence without proof of loss of original, 4 
 M. 473. 
 
 certified, of a deed is admissible as primary evidence, Gil. 235. 
 
 of a deed may be read in evidence on proof of loss of original, 2 R. 539. 
 
 when and against whom certified, of deed not required to be recorded is 
 evidence, 2 B. 539. 
 
 of judgment of General Court sufficient and competent evidence in superior 
 court, when, 2 V. C. 111. 
 
 office, of deed registered in North Carolina not admissible as primary evi- 
 dence in Virginia, 6 L. 523. 
 
 of will held properly authenticated under act of Congress of May 26th, 
 1790, 7 L. 234. 
 
 when, of account from partnership books treated as evidence in appellate 
 court, 1 G. 526. 
 
 of deed recorded in county where land does not lie ig not evidence in place 
 of original, 2G.216. 
 
 certified, of deed improperly admitted to record is not evidence, 33 G. 429. 
 COKONER. 
 
 as to authority of, to commit to jail. When too late for prisoner to ob- 
 ject, 10 G. 658. 
 
 justice who is, may certify fact of commitment as a justice, 10 G. 658. 
 
 as to effect of acceptance by a justice of the office of, 2 V. C. 59. 
 CORPORATION; see' Bank; Insurance; Internal Impravemenl, Company ; Rail- 
 road Company. 
 
 1. In Genebal. 
 
 2. Municipal. 
 1. In General: 
 
 what defect in proof of incorporation fatal in suit by, 9 L. 240. 
 
 qussre, whether, could claim under words of this will, 1 H. & M. 471. 
 
 President of Mut. Ass. Society can discriminate between members in call- 
 ing for quotas, 5 M. 263. ' 
 
 when member of, bound by act varying charter, 4 H. & M. 315. 
 
 trustees of incorporated college may sue by corporate title, 3 M. 324. 
 
 seal of, not necessary to validity of agreement for sale of land, 3 M. 324 ; 3 
 p. 136. 
 
120 : CORPORATION, 
 
 CORPORATIOISr, IKT General, Continued. 
 can only sue in name and style given it by law, 4 E. 359. 
 need not set forth in declaration how it is a, or authority to sue, 4 R.578; 
 
 5K.326; 5 L. 471. 
 when motion against delinquent subscribers sustained, 4 E. 578. 
 books of, proper evidence to prove its existence and regularity of its pro- 
 ceedings, 4 E. 578. 
 when bond executed to, by wrong name, may be sued on in true name, 6 
 
 E 165. 
 when equity can prevent abatement of mill dam by, G E. 245. 
 of the United States, or of a foreign State, may sue in Virginia, 5 L. 471. 
 when Bank of Virginia not bound by process served on its president, 6 L. 
 
 399. 
 if charter of, expires during an appeal the appeal will abate, 7 L. 154. 
 overseer.s of the poor are a corporate body who can sue, 7 L. 231. 
 when case will proceed though charter of, expired, 1 Eob. 499 ; 2 Eob. 56. 
 law authorizing Bank of Virginia to subscribe to joint stock company 
 
 valid, 8 L. 120. 
 when, created by another State may be proceeded against as r n absent de- 
 fendant, 1 Eob. 573. 
 bequest of its own stock to a, is valid, 3 Gr. 19. 
 officers of private, have no franchise, but are mere ministerial agents, 3 G. 
 
 206. 
 power of stockholders of private, over its officers, 3 G. 206. 
 , what acts of de facto officer binding on, 3 G. 206. 
 private, for manufacturing purposes may borrow money to carry on its 
 
 operations, 3 G. 206. 
 how private, may execute a deed, 3 G. 206. 
 
 what deed by, to secure debts and prefer certain creditors valid, 3 G 206. 
 President and Directors of North West Turnpike are a, and liable to suit 
 
 lor work done, 6 G. 160. "^ 
 
 when question whether, has forfeited charter may be enquired into. When 
 
 not, 7 G. 35-2. 
 how organization of, proved. When ratification of stockholders makes 
 
 sales of stock valid, 7 G. 352. 
 president of, not ex officio agent to sell property. When his representations 
 
 do not affect, 7 G. 352. 
 debt due partnership which is made a, may be sued on in corporate name 
 
 in equity, 7 G. 476. 
 courts take judicial notice of act incorporatijig North Western Bank of 
 
 Virginia, 9 G. 127. 
 when bill dismissed if organization of, not proved, 9 G. 109. 
 is included in word " person " used in a statute, 12 G. 655 ; 26 G. 1 ; 27 G. 
 
 110. 
 Baltimore and Ohio Eailroad Company has authority to erect branch road, 
 
 13 G. 40. 
 ■when Code of 1860 ch. 56 §4 not applicable, 13 G. 375. 
 what rights attach to a certificate of stock of a, 14 G. 338. 
 
COKPORATION. 121 
 
 CORPORATION, In General,. Continued. 
 title to real estate of, conld only pass by deed, when, 14 6. 338. 
 construction of charter of James River and Kanawha Company, 13 G. 541. 
 when said company not liable for want of improvements, 13 G. 041. 
 when and how, liable for act of its officer by which it profits, 14 G. 338. 
 succeeding to rights succeeds to liabilities of predecessor, 13 G. 541 ; 14 G. 
 
 338 
 directors of railroad company can only lease road by authority of stock- 
 holders, 18 G. 819 
 authority of president of railroad to contract for labor and give notes 
 
 therefor, 19 G. 354. 
 as to what a stockholder of, cannot enjoin it, 13 G. 40. 
 as to personal liability of stockholder of express company for taxes due 
 
 by it, 18 G. 295. 
 powers of legislature to repeal, alter or modify charter of a, 18 G. 295 ; 21 
 
 G. 593. 
 when stockholders of a defendant, admitted defendants in equity, 19 G. 592. 
 Baltimore and Ohio Railroad Company is a, of Virginia and may be sued 
 
 here, 12 G. 655. 
 may be proceeded against as garnishee. Blust answer under seal, 12 G. 655. 
 proper parties to suit by creditors of old, against its successor, 14 G. 338, 
 legislature may forbid foreign, from doing business in the State except 
 
 upon terms, 13 G. 767, 
 qiiiF.re, if Code 1860 ch. 61 §§28-29 apply to sale of mere equity in property 
 
 of, 19 G. 592. 
 when negligence of its officer excludes, from relief in equity against a 
 
 judgment, 24 G. 548. 
 Code 1873 ch. 57 §36 as to defense of usury by, constitutional, 25 G. 1. 
 how far State may tax, in the employ of United States, 26 G. 1. 
 subject to police power, unless its charter provides otherwise, 26 G. 83. 
 bequest to charitable, is not exempt from taxation, 27 G. 110. 
 what not a forfeiture of land sold to a turnpike company, 27 G. 547. 
 held to have forfeited charter. How State may take possession, 27 G. 119. 
 person dealing with, must take notice of law of its organization, 27 G. 119. 
 is only bound when agent keeps within limit of his authority, 27 G. 119. 
 party may recover for property taken for use of lunatic asylum during the 
 
 war, 27 G. 163. 
 liability of railroad company for injury to passenger, 29 G. 431. 
 how share of stockholder in, may be attached, 29 G. 502, 
 if name in writ and declaration indicates that plaintiff is a, it need not be 
 
 proved, when, 29 G. 565. 
 cannot be impleaded for a criminal offence by its -eorporate name, 2 V. 
 
 C. 362. 
 what not a release of sureties on bond of agent of railroad, 30 G. 218.. 
 rules of, as to government of its officers, not part of condition of officer's 
 
 bond, 30 G. 218. f 
 
 in action against railroad company it is unnecessary to prove it a, unless 
 
 denied under oath, 30 G, 602. 
 
 16 
 
122 , CORPORATION. 
 
 CORPORATION, In General, Contin-ied. 
 
 act of Congress of 1864 as to loans by national banks on real estate, con- 
 strued, 31 G. 228. 
 
 what plea does not put, to proof of its corporate existence, 31 G. 348. 
 
 where a, has residence and citizenship. Where not, 32 G. 394, 445. 
 
 of another State leasing railroad in this State, cannot remove cause to U. 
 S. Court, 32 G. 394. 
 
 liability of such a, 32 G. 394. 
 
 when and how stock of delinquent stockholders soldj 1 P. & H! 94. 
 
 liability of delinquent stockholders, 1 P. & H. 94. 
 
 bond of cashier of a bank construed, 2 P. & H. 277. 
 
 provisions in charter of bank held, merely directory, 2 P. & H. 277. 
 
 building fund association organized under act May, 1852, is legally organ- 
 ized, 33tj. 696. 
 
 when foreign sewing machine company considered a resident merchant, 33 
 G. 898. 
 
 agent of such company cannot carry machines to county where he has not 
 paid license tax and sell them there, 33 G. 898. 
 
 fact that machine was made under a patent did not allow company to sell 
 without paying State license tax, 33 G. 898. 
 2. Municipal : 
 
 sergeant of, cannot sue for money due an insolvent debtor, 3 M. 115. 
 
 payments to, under mistake of law cannot be recovered back, 5 L. 305. 
 
 what use of lands by, held within terms of grant to it, 8 L. 224. 
 
 laws allowing Richmond to subscribe to a joint stock company, to borrow 
 money and collect taxes for that purpose, valid, 8 L. 120. 
 
 authority of, to grant and annul license to keep an ordinary. Effect of 
 license, 12 G. 292 
 
 authority to refuse license. Mandamus to compel its issue will not lie, 12 
 G. 292. 
 
 when, liable for acts or omissions of its officers. When not, 17 G. 230, 375. 
 
 boiTOwing money responsible for acts of officers as a jjrivate, 18 G. 338. 
 
 how far purchaser of bonds of, bound by directions to its officers, 18 G.338, 
 
 liability of, on bonds issued in lieu of confiscated bonds, 18 G. 338. 
 
 liability of, for liquor destroyed by order of its council, 18 G. 517. 
 
 power of taxation confided to, is a delegated power, 21 G. 604. 
 
 is a mere auxiliary of the government, 21 G. 604. 
 
 when, not liable for notes issued during the war, 20 G. 330. 
 
 charter of, is not a contract, 21 G. 604. 
 
 confiscation of debts due ))y Alexandria held void, 28 G. 16. 
 
 when, liable for damage to vessel moored at its wharf, 28 G. 321. 
 
 charter of Portsmouth as to term of office of commissioner of the revenna 
 repealed by act of 1875, 31 G.96. 
 
 when, liable for neglect to keep jts streets in order, 31 G, 271. 
 
 power of, to compel owner to pave sidewalks, 31 G. 571. 
 power of, to compel persons living out of, to pay license on carts, 31 G. 646. 
 when assessment by, for paving streets not a lien on lots, 4 E. 392. 
 Norfolk can impose a license tax on foreign insurance companies, 25G.97- 
 
CORPORATION— COSTS. 123 
 
 CORPORATION^, Municipal, Continued. 
 can assess owners of lots on a street for paving, per front foot, 26 G. 224. 
 when, can bring unlawful entry and detainer for water lots, 27 6. 430. 
 authority of, over streets. What permission to occupy streets vUra vires, 
 
 29 G. 534. 
 as to giving and refusing use of street to railroad, 26 G, 83 ; 31 G. 685. 
 when owner cannot revoke dedication of street in, 31 G. 685, 713. 
 what not a dedication of a street to public but only to adjacent owners, 
 
 31 G. 685. 
 what not sufficient evidence of dedication of street in, 24 G. 149. 
 Richmond may tax lawyers. How tax may be laid, 23 G. 464. 
 Richmond may impose license tax on foreign telegraph company, 26 G. 1. 
 ordinance of, as, to selling liqnor on Sunday does not prevent prosecution 
 
 under act of 1874, 31 G. 887. 
 when dedicatJion of street presumed, 31 G. 713. 
 jurisdiction of mayor of Lynchburg as to petit larceny, 22 G. 912, 
 authority of mayor of, under Article 6 ?20 of constitution, 23 G. 51. 
 when writ of prohibition will not lie to restrain mayor of, 23 G. 51. 
 authority of mayor of, in Virginia, 30 G. 24. 
 
 when, not liable for injury caused by defective sidewalk, 32 G. 792. 
 how notice served on a, 28 G. 16. 
 punishment of a free negro by stripes for violation of a city ordinance 
 
 valid, 12 G. 17. 
 not liable for property destroyed by police, when, 33 G. 37. 
 wilful firing of pistol in street an unlawful act, 33 G. 136. 
 when, can recover bonds issued in exchange for its stock illegally cottfis- 
 
 cated, 33 G. 168 
 liable for damages caused by filling street and throwing water on adjoin- 
 ing lot, when, 33 G. 208. 
 CORPORATION COURT ; see CouH. 
 CORRUPT AGREEMENT, 
 what, not an ofifence against statute but punishable at common law, 2 V. 
 
 C. 460. 
 
 COSTS. 
 
 1. Is Geneeal. 
 
 2. At Law. 
 
 3. In Equity. 
 
 4. In Appellate Couet. 
 1. In General : 
 
 award for, without fixing amount is good, 1 C. 575. 
 
 though award does not mention, court may give, 2 C. 106. 
 
 case in which attorney cannot bind client to pay, 2 C. 498. 
 
 when in ejectment, if lessor of plaintiff die, security for, must he given, 2 
 
 H. & M. 31, 614. 
 when security for, may be given. Notice requiring such security may be 
 
 given to attorney, 4 M. 364; 1 V. C. 123. 
 when plaintiff luled to give security for, in lower court, but not in Cdnrt 
 
 of Appeals, 4 H. & JL 484. 
 
124 COSTS. 
 
 COSTS, In General, Continued. 
 when continuance granted if plaintiff fails to give security for, Gil. 123. 
 when judgment should be for, against prosecutor in misdemeanor, 1 G. 
 
 550. 
 on opening road what, should bo paid by county and what by contestant, 
 
 G G. 138. 
 when plaintiff considered a resident, and need not give security for, 10 G. 
 
 207. 
 for what, prisoner liable. When pardon does not release prisoner from, 10 
 
 G. 696. 
 county court cannot give judgment for, in contested election cases, 16 G. 
 
 270. 
 of offering will for probate must be paid by decedent's estate, 16 G. 418. 
 when executor propounding will does not pay, in district court, 4 C. 423. 
 when, are a part of a tine, 33 G. 291. 
 
 2. At Law: 
 
 damages on, not allowed when judgment as to, reversed, 1 W. 10. 
 
 if debt is paid after suit brought how judgment forj entered, 1 W. 10. 
 
 when executors must pay, 1 W. 138, 204; 2 H. & M' 361. 
 
 when plea can be amended on payment of, 1 W. 313. 
 
 new trial not granted unless, paid, 1 W. 322. 
 
 when, not allowed on a writ of error, 2 "W. 130. 
 
 payment of, into court not necessary on plea of tender and refn-al, 3 C. 
 
 243. 
 when judgment is against garnishee for principal and, but not for interest, 
 
 3 C. 4,55. 
 what, allowed party prevailing in appeal in a mill case, 1 M. 258. 
 qusEre, whether plaintiff should be allowed to pay, and dismiss suit, 4 M. 
 
 207. 
 what, a sheriff may recover from his deputy, 5 M. 401. 
 act of Jan. 1, 1809, ?13, as to, did not include sales under §14, 4 M. 512. 
 what judgment for, should be if issue on plea of "fully administered" is 
 
 found for administrator, 2 V. C. 348. 
 when fee of commissioner to be paid by party paying general, 2 V. C. 399. 
 when taxation of,"presunicd to have been made by court, 2 V. C. 399. 
 when payment of, a condition precedent to a new trial, 3 R. 52. 
 surety iu forthcoming bond only entitled to, of execution against the prin- 
 cipal, 4 G. 88. 
 judgment for, against two defendants in ejectment good, though one was 
 
 not made defendant until after first trial, 4 G. 129. 
 administrator is entitled to his, if he is not in default, '9 G. 286. 
 when not improper to give judgment for, against pereon for whose benefit 
 
 suit was brought, 11 G. 22. 
 
 3. In Equity; 
 
 when mortgagee entitled to, 1 W. 125. 
 . appeal cannot be taken from chancery court because appellant improperly 
 decreed to pay, 3 B. 165. 
 
COSTS. ^- 125 
 
 COSTS, In Equity, Continued. 
 decree against executor for, -which omitted to require refunding bond 
 
 affirmed, 9 L. 484. 
 ordered paid by plaintiff to one defendant, directed paid to plaintiff by 
 
 another defendant, 1 Rob. 648. 
 when party relieved against a judgment should pay, 2 H. & M. 10 ; 4 H. 
 
 & M. 427. 
 impertinent matter in answer expunged at defendant's, 4 H. & M. 414. 
 when parly having account taken must pay, 4 H. & JI. ,448. 
 after special demurrer to bill, plaintiff may amend on paying, 4 H. & M. 475. 
 defendant may file answer after order for an account on paying, 4 H. & M. 
 
 505. 
 act Jan. 20, 1804, ?5 did not authorize judgment for interest on, 2 M. 46. 
 ■when awarding, against complainant sufficient error to reverse decree, 2 
 
 M. 289. 
 when, decreed against mortgagor on bill for account of profits, 3 M. 66. 
 should not be decreed against heir of vendor directed to make conveyance 
 
 of land, 4 M. 140. 
 should not be given to persons erroneously made parties, when, 6 M, 87. 
 in case of great novelty, not allowed either party, o E. 577. 
 when party claiming discounts against judgments must pay, 1 L. 80 ; 5 L. 
 
 359. 
 decree for, between co-defendants to bill of interpleader, 9 L. 163. 
 when decree for, should not -be against plaintiffs jointly, nor against execu- 
 tor de bonis propriis, 9 L. 556. 
 when plaintiff compelled to resort to bill of review should recover, 3 G. 133. 
 when each party decreed to pay, 4 G. 187. 
 trustee deifendant failing in his defense must pay, 4 G. 187. 
 creditor bringing second creditor's suit with knowledge of first must pay, 
 
 9 G. 398. 
 when plaintiff suing to enjoin collection of purchase money must pay, 
 
 when not, 9 G. 336. 
 when each plaintiff entitled to decree for separate, though suits consoli- 
 dated, 28 G. 850. 
 when purchaser enjoining judgment entitled to, 10 G. 138. 
 when purchaser at judicial sale must pay, of rule to resell land, 19 G. 720. 
 when defendant entitled to, though decree is for plaintiff in a suit for 
 
 specific performance, 12 G. 410. 
 4. In Appellate Court : 
 if the part of judgment favorable to appellant reversed, he must pay, 1 
 
 W. 381. 
 court has no discretion, but must allow, of appeal to party prevailing, 1 
 
 H. & M. 499. 
 party substantially prevailing in Court of Appeals entitled to, 2 H. & M. 
 
 589 ; 1 Rob. 55 ; 12 L. 573 ; 2 Rob. 39. 
 when, allowed appellee, Gil. 230; 6 G. 207. 
 when one of three appellees decreed to' pay, 1 Bob. 148. 
 
126 '' COSTS— COUPONS. 
 
 COSTS, In Appellate Couet, Continued. 
 ■when part of decree allowing aijpellant, affirmed, and decree reversed as to 
 
 residue, 2 M. 451. 
 surety in bond for an injunction not liable for, on appeal, 3 M. 230. 
 appellant sending up two copies of record must pay extra, 4 M. 495. 
 when fee for copy of record taxed as, against party not bringing it up, 3 E. 
 
 557. 
 appellant entitled to, but not to damages, in this case, 3 L. 609. 
 appellee decreed, on reversion of decree on ground of prejudice, 5 L. 376. 
 trustee appealing from decree which is affirmed, must pay, from his own 
 
 estate, 6 G. 424. 
 prisoner appealing not liable for feps of clerk or attorney general, 14 G. 643. 
 when a decree will be reversed without, 15 G. 400. 
 COTERMINOUS OWNERS OF BUILDINGS, 
 as to rights, duties and liabilities of, 27 G. 77. 
 ' when and how relief afforded in equity to, 27 G. 892. 
 
 COUNSEL ; see AUomen at Law. 
 COUNTY COUET ; see Court. 
 COUNTY LEVY, 
 may be laid by county courts, 5 C. 139. 
 county creditor can only move against sheriff for failing to collect amonnt 
 
 duo him, 2 H. & M. 48. 
 expense of keeping negroes committed by order of county court cannot be 
 
 a charge on the county, 3 L. 811. 
 act requiring, to improve navigation of stream constitutional, 3 G. 236. 
 when sheriff and his sureties cannot object that court laying, was not 
 legally constituted, 9 G. 142. 
 
 COUNTY ORGANIZATION, 
 how warrants issued by supervisors to be paid, 24 G. 563. 
 contract by county for purchase of salt in 1862, enforced, 28 G. 526. 
 proceedings if supervisors reject claim arising under order of county court, 
 
 28 G. 526. 
 ■when bond for salt bought by county court valid, whennot, 28 G. 526, 872. 
 county cannot tax property not taxed by the State, 30 G. 471. 
 as to subscriptions by county to internal improvement company, when 
 valid, 31 G. 695. 
 
 COUPONS ; see Bond. 
 
 as to diligence of holder of, in presenting for payment. When due, 18 
 
 G. 750. 
 stolen after maturity cannot be held by bona fide holder against true 
 
 owner, 18 G. 750. 
 on bonds of State are receivable for taxes, 23 G. 833 ; 33 G. 237. 
 for interest bear interest from time they are payable, 33 G. 586. 
 not bills of exchange. Purpose of, 18 G. 750. 
 
COURT. 127 
 
 COUET ; see Examining Court. 
 
 1. In Geneeal. 
 ' 2. Of Appeals. 
 
 3. Circuit. 
 
 4. coepokation. 
 
 5. COUJfTY. 
 
 6. District. 
 
 7. Geneeal. 
 
 8. United States. 
 1. In General -. 
 
 cannot decide weight of evidence, 1 W. 87, 203. 
 cannot compel a nonsuit, 1 W. 87. 
 
 decides as to admissibility of evidence, 1 W. 87, 203 ; 1 C. 405, 561. 
 has power to watch over its process, and quash it if irregularly or fraudu- 
 lently issued, 2 W. 50. 
 error in a judgment never corrected by, rendering it, 2 W. 130. 
 when trial must be by the, 2 W. 130. 
 
 must give instructions if demanded by either party, 2 W. 255. 
 party getting opinion of, in one shape, cannot object that it was not given 
 
 in another, 1 C. 123. 
 quasre, if, can decide the amount due upon a tender by defendant before 
 
 plea, 1C.215. 
 will look into the whole record and give proper judgment, 1 C. 257. 
 gusere, whether, can try title in a mill case. It may direct an issue, 1 C. 329. 
 should state on the record legal grounds for its judgment, 1 C. 471^ 
 what constitutes a resignation by clerk of, of his office, 1 C. 562. 
 execution of, to which motion is made is part of record without a eerliorari, 
 
 when, 10.471. 
 when jury and not, should decide as to a patent fer lands, 2 H. & M. 370. 
 preliminary facts as to competency of evidence must be decided by, 6 E. 
 
 285. 
 instruction that if jury believe evidence plaintiff should recover, held 
 
 proper, 6 R. 473. 
 when judgment affirmed notwithstanding erroneous instruction, 6 E. 541. 
 may hear evidence as to whether witness is an expert, 6 R. 704. 
 when bankruptcy of debtor does not oust jurisdiction of State, 23 G. 893. 
 what acts of clerk taken to be acts of the, 26 G. 976. 
 when judgment of, of general j urisdiction cannot be collaterally impeached, 
 
 23 G. 872. 
 when no presumption of jurisdiction attends judgment of, 28 G. 872. 
 examining, cannot sign any bill of exceptions, 7 G. 673: 
 may discharge jury without defendant's consent, in case of misdemeanor, 
 
 7 G. 662. 
 correctness of judgment of General, cannot be questioned by lower court, 
 
 or on a new writ of error, 5 G. 693. ' 
 
 when party entitled to appeal from judgment of a justice, or if refused, to 
 
 a mandamiis, 11 G. 292. 
 when party must elect between two suits pending for samecause of action, 
 
 4 H. & M. 476. 
 
128 COURT. 
 
 COURT, Continued. 
 2. Op Appeals: 
 
 ns to jurisdiction of, 2 C. 389; 10 G. G9G; 29 G. 212 ; 32 G. 288; 33 G. 37. 
 
 first Court of Appeals was a lesislative court only, 4 C. 1. 
 
 court of chancery cannot alter decree of, when, 5 C. 115. 
 
 neither consent nor acquiescence of parties can give, jurisdiction, 1 M.160. 
 
 when, has not jurisdiction of appeal from superior court of chancery, 2 M. 
 
 ml. 
 
 cannot grant appeal from interlocutory decree, 2 M. 310. 
 
 when appeal will not lie from judgment of county court retained in dis- 
 trict court, 2 M. 336. 
 
 when decree made at one term set aside at subsequent term, 3 C. 122. 
 
 has not jurisdiction if judgment is for less than $100, 2 M. 541 ; 3 M. 136 ; 
 see2M. 542. 
 
 has jurisdiction if freehold or franchise directly the subject of the action, 
 3 M, 202. 
 
 when, will disobey mandate of U. S. Supreme Court, 4 M. 1. 
 
 what part of act of Congress Sept. 24, 1789,' section 25, unconstitutional, 4 
 M. 1. 
 
 has not jurisdiction in mill c?se if damages less than |100, 5 M. 276. 
 
 when no appeal to, from judgment on habeas corpus releasing person con- 
 fined by order of a court martial, 5 M. "^92. 
 
 when, has jurisdiction of appeal from court of chancery, 6 M. 541. 
 
 has not jurisdiction of information against members of unchartered bank, 
 when, 4 R. 143. 
 
 as to punishing party who takes out execution pending appeal, 5 P. 33?. 
 
 when cannot grant writ of error in criminal case, or case of habeas corpus, 7 
 G. 201. 
 
 will take cognizance of case when amount demanded sufficient to give 
 jurisdiction, 6 E. 23. 
 
 act of 1871 creating Special Court of Appeals constitutional, 26 G. 36. 
 
 when, can, and cannot, inspect minutes of clerk to correct error in entry of 
 judgment in other court, 3 L. 78. 
 
 proper cases to send to Special Court of Appeals. Efiect of its decisions, 26 
 G. 36. 
 
 may receive parol evidence as to party's compliance with interlocutory de- 
 cree, 6 L. 378. - 
 
 former practice as to taking up a delay case, 2 C. 536. 
 
 what necessary to give-jurisdiction, 27 G. 735. 
 
 writ of error coram vobis does not lie in, 7 G. 76. 
 
 to what cases act limiting appeals to $200 applies, 7 G. 233; 8 G. 549. 
 
 when application for appeal or supersedeas governed by ch. 182, ?2, of Code 
 of 1849, 8 G. 549. 
 
 will not allow judgment to be certified immediately without reason, 1 W. 
 74. 
 
 should give such judgment as lower court ought to have given, 1 "W. 135. 
 
 if judges equally divided as to part of decree, that paxt is affirmed, 3 C. 
 122. 
 
COURT. 129 
 
 COURT, Of Appeals, Continued, 
 quasre, if superior court of chancery can grant a bill of review to decree of, 3 
 
 C. 183. 
 may grant a new trial, 4 C. 411. 
 
 practice of, as to hearing cases at first term, 1 H. & M. 22. 
 act of March 31, 1848, establishing a special, constitutional and construed, 
 
 5 a. 518. 
 special, is only a superior court and not a supreme, 5 G. 518. 
 special, cannot compel judge of circuit court by mandamus to try a case, 10 
 
 G. 650. 
 has jurisdiction if matter in dispute exceed $100, 3 C. 393. 
 has no criminal jurisdiction. No appeal in case of misdemeanor lies to, 3 
 
 C. 461. 
 has jurisdiction of criminal cases adjourned thither from General Court, 4 
 
 C. 5. 
 when, cannot award writ of error to judgment of General Court, 4 C. 33. 
 as to jurisdiction of, before revolution as to orders of council, 4 C. 196. 
 if writ for more than £30 and verdict for less, has no jurisdiction, 2 C.497. 
 meaning of "matter in controversy " in Article VI |2 of constitution, 33 
 
 G. 37. 
 when, has jurisdiction if plaintiff's claim not less than $500. When not, 
 
 33G. 37; see 32 G. 388. 
 judge of, elected to fill a vacancy is elected for a full term, 33 G. 119. 
 3. CrECUiT : 
 
 presumed to have jurisdiction unless record shows it had none, 9 G. 323. 
 is a court of general jurisdiction in actions at law between individuals, 9 
 
 G. 823. 
 act 1851-2 directing, of Henrico County to be held in Eichmoud, consti- 
 tutional, 10 G. 749. 
 when case of unlawful detainer may b? moved from county to, 11 G. 527 
 
 587. 
 cannot make decree in vacation unless authorized by statute, 23 G. 799. 
 may try cases of disturbance of religious congregations, 3 G. 595. 
 as to limit of terms of, 2 G. S94. 
 
 disregard by, of rule adopted by Itself is no ground for appeal, 9 G. 379. 
 when, has jurisdiction of felony, when not, 19 G. 485, 626. 
 when, cannot award writ of error to judgment of county court, 20 G. 484. 
 when, has not jurisdiction to try prisoner for horse stealing, 21 G. 846. 
 when a convict may be tried by, of Richmond, 21 G. 790. 
 iurisdiction of, of Richmond. Necessary parties to suit in it, 29 G. 401. 
 objections to proceedings in, cannot be first taken in appellate court, 1 P. & 
 
 H. 12. 
 yitasre, if plaintiff demand over $100, and verdict for less, can, give judg- 
 ment, 2 C. 497. 
 duty of clerk of district court under act to organize, 4 M. 483. 
 judgment arrested as record did not show reduction of <;laim below $100 
 
 by set off, 1 V. C. 131. 
 
 17 
 
130 COURT. 
 
 COURT, Circuit, Continued. 
 jurisdiction of, sustained, case likened to a confession of judgment, 1 V. C. 
 
 140. 
 when, has jurisdiction by supersedeas over judgment of coulity eouri;, 1 V. 
 
 C. 182. 
 judgment of -court of oyer and terminer condemning slave to death cannot 
 
 he reviewed by, 2 V. C. 330. 
 when, has jurisdiction, damages for breach of contract being uncertain, 2 
 
 V. C. 93. 
 when debt is reduced by payments below |100, has not jurisdiction, 2 V. 
 
 C. 203. 
 writ of error to review appointment of guardian by county court does not 
 
 lie to, 2 V. C. 204. 
 removal of an indictment to, by consent gives it no jurisdiction, 2 V. C. 223. 
 had jurisdiction if amount reduced below |100 by a set-off, 2 V. C. 255. 
 judgment of, of Chesterfield made on day of meeting of General Court held 
 
 good, 6 E. 704. 
 as to jurisdiction to correct mistakes of former court of law, 4 L. 308, 321. 
 what judgment of, is final, 8 L. 88. 
 
 cannot control county court as to issuing license to keep a tavern, 11 G. 655. 
 judge of, elected to fill a vacancy is elected for full term, 33 G. 119. 
 has jurisdiction of writ of Quo Warranto, 33 G. 443. 
 
 4. Corporation : 
 
 mayor of Lynchburg has concurrent jurisdiction with, to try tov petit lar- 
 ceny, 22 G. 912. 
 
 in suit in, declaration must lay cause of action within its jurisdiction, 
 when, 1 "W. 81, 87 ; 3 H. & M. 309. 
 
 may hear any business at a quarterly term, but not a monthly term, 3 H_ 
 & M. 565. 
 
 has authority to vacate an election, 20 G. 10. 
 ^- can be given jurisdiction of felony though circuit courts have not, 21 G. 
 822, 871. 
 
 of Eichmond could empanel grand jury, when. How long its term may 
 continue, 21 G. 822, 871. 
 
 of Alexandria cannot try. indictment for felony found in county court, 20 
 G. 845. 
 
 when, may summon jury outside of corporation, 24 G. 602. 
 
 jurisdiction of, 25 G. 987. 
 
 judge of, elected to fill a vacancy is elected for full term, 33 G. 119. 
 
 term of judge of Hustings Court of Manchester elected in 1874, 33 G. 232. 
 
 5. County : 
 
 if, disregard instructions of district court latter should retain cause, when, 
 
 6 C. 16. 
 cause may he removed by consent from, to district court, 6 C. 18. 
 can try validity of will admitted to probat in district court, 1 H. & M. 72, 
 how a public bridge established by ; what record must show, 5 G. 241. 
 when, not bound to repair bridges. What no evidence that bridge has 
 
 been established, 5G. 241. 
 
COURT. 131 
 
 COURT, County, Continued. 
 limitation of power of, to establish road. May authorize individual to 
 
 open it, 5G.265. 
 what record of, need not show on opening road under act of 1819, 6 G. 138. 
 when sheriff and sureties cannot object that, laying levy was illegally con- 
 stituted, 9 G. 142. 
 when case of unlawful detainer may be removed from, to circuit court, 11 
 
 G. 527, 587. 
 what causQS may after pending year in, be removed to circuit court, 11 G. 
 
 527,587. 
 not controlled by circuit court in granting or refusing license to keep a 
 
 tavern, 11 G. 655. 
 must act on every application for a license. Manner of action is a matter 
 
 of discretion, 1 1 G. 655. 
 when, not authorized to order loan of money, 23 G. 376- 
 can require a recognizance to keep the peace, when, 6 G. 670. 
 when circuit court has jurisdiction by supersedeas over judgment of, 1 V. 
 -C. 182. 
 writ of error to appointment of guardian by, does not lie to circutt court, 
 
 2 V. C. 204. 
 on equity side may relieve against judgment rendered in another county, 
 
 2W. 36. 
 defendant may be ruled to trial in, at first term after office judgment, 3 
 
 C. 225. 
 may lay county levy, 5 C. 139. 
 may hear any business at quarterly term, but not at monthly term, 3 H. 
 
 6 M. 565. 
 
 qusere, whether mandamus lies from superior court of chancery to, to hear 
 
 cause, 4H. &M. 462. 
 when equity presumes title to land duly vested in, and its successors, 3 
 
 M. 102. 
 cannot grant injunction to judgment of a superior court, 1 V. C. 269 ; 4 
 
 L. 462, 612. 
 when. Can correct error of commissioner of revenue in assessing a penalty, 
 
 2 V. C. 258. 
 confession of judgment for over $20 entered at a monthly term of, is voidj 
 
 7 L. 63, 
 
 corporation court of Alexandria cannot try indictment for felony found 
 
 in, 20 G. 845. 
 when, can grant administration to distributee after the estate is committed 
 
 to sheriff, 12 G. 85. 
 authority of, as to ordering report of surveyor of delinquent lands to be 
 
 recorded, 12 G. 266 ; 13 G. 523. 
 when notice to justices of, to attend, is unnecessary, 13 G. 795. 
 at which indictment is found must consist of at least four justices, 13 
 
 G. 795. 
 ! justice who act-ed as coroner can sit as a member of examining court, 16 
 
 G. 547. 
 
132 COURT. 
 
 COTJET, County, Continued. 
 motions to set aside proceedings in office in common law cases, cognizable 
 
 at quarterly terms only, 16 G. 363. 
 act of, in laying levy cannot be questioned collaterally, 19 G, 14. 
 in ^signing dower jurisdiction of, presumed, 19 G. 556. 
 has authority to vacate an election, 20 G. 10. 
 how, should proceed on appeal from justice in a case of petit larceny, 24 
 
 G. 618. 
 had power ,to remove and appoint a trustee for married woman, 26 G. 891. 
 validity of such order cannot he questioned in a collateral proceeding. 
 
 When order valid, 26 U. 891. 
 when, may remove judge of election though not convicted of any offence, 
 
 27 G. 133. 
 power of, to remove ineligible officers, 27 G. 144. 
 when orders of, conclusive as to rights of parties, 27 G. 624. 
 warranted in removing executor in this case, 27 G. 29. 
 appeal from decision of supervisors rejecting claim lies to, when, 28 G. 
 
 526. 
 wheif bond for salt bought by, good. When not, 28 G. 526, 872. 
 when an appeal lies from a judgment of, 28 G. 787. 
 what order may make in attachment case at a monthly term, 30 G. 547. 
 order of, setting apart homestead to widow, of no effect against husband's 
 
 heirs, 30 G. 404. 
 when term of judge of, of Halifax ended in this case, 33 G. 510. 
 when terms of judges of, commence and end under the constitution, Code 
 
 of 1873, 32 G. 779. 
 judge ot elected to fill a vacancy is elected for a fall term, 33 G. 119. 
 what not an abandonment or forfeiture of office by judge of, 33 G. 443, 
 
 510. 
 judgment of judge de facto of, valid and binding, 33 G. 510. 
 
 6. Disteict: 
 
 should retain cause if county court disregards its instructions, when, 6 C. 
 
 16. 
 cause may be transferred by consent from county court to, 6 C." 18. 
 when appeal may be heard in, 1 H. & M. 21. 
 
 county court can try validity of will admitted to probat in, 1 H. & M. 72. 
 duty of clerk of, under act to organize circuit superior courts, 4 M. 483. 
 
 7. General : 
 
 on what questions, will not give an opinion, 1 V. C. 325. 
 
 what offences punishable in, though committed out of the State, 2 V. C. 
 
 172. I 
 generally judgment of superior court should yield to that of, 5 E. 660. 
 circuit court cannot adjourn point to, without prisoner's consent, 3 L.761; 
 
 4 L. 663. 
 
 prisoner sentenced by, to solitary confinement under act of 1832-3, 4 L. 
 669. 
 
 cannot award writ of error to refusal of circuit court to award the writ, 11 
 L. 675. 
 
COURT— COVENANT. 133 
 
 COUET, Geneeal, Continued. 
 act of Febrnary, 1845, gives no authority to correct judgment of inferior 
 
 court, 2 G. 558. 
 correctness of judgment of, cannot be questioned by court below, or on a 
 
 new writ of error, 5 G. 693. 
 jurisdiction of, when sum is below £10, J. 24. 
 ecclesiastical jurisdiction of, J. 96. 
 
 writ of error does not lie from judgment of, after five years, 1- C. 194. 
 8. United States : 
 
 proceedings in, to confiscate property, 28 G. 16. 
 
 when removal of case from State to, compelled by mandamus from superior 
 
 court of State, 4 H. & M. 173. 
 rule of practice of. Supreme Court in conflict with act of Congress is void, 
 
 12 G. 60. 
 part of act of Congress of September 24, 1789, considered unconstitutional , 
 
 4 M. 1. 
 Court of Appeals will disobey mandate of Supreme Court of, if unconsti- 
 tutional, 4 M. i. , 
 to what cases ?12 act of Congress September 24, 1789, does not extend, 6 / 
 
 M. 507. 
 
 COVENANT. 
 
 1 1. In Genebal. 
 
 2. Peocbkdings in. 
 1. In Genbkal: 
 when action will lie against executors of covenantor, 1 W. 306. 
 respecting lands binds executors though not expressly named, 2 W. 155. 
 when executor may bring, in his own name on an award, 1 C. 575. 
 by lessee to leave in repair must be performed, though property destroyed 
 
 during the term, 3 C. 309. 
 when a, may be pleaded as a release, 6 C. 308. 
 when action of, will not lie.there being no covenant for payment of money, 
 
 2 M.337. 
 when parties to charter party may bring, against each other, 3 M. 357. 
 what sufficient performance of a, to authorize suit, Gil. 98. 
 what not a mere warranty real, but a personal, 4 L. 132. 
 will not lie in name of apprentice, but in name of overseers, 6 L. 560. 
 damages allowed covenantee in, on executory contract for sale of land, 9 
 
 L. 101. 
 on what, representative of covenantee only can recover, 12 L. 204. 
 when party covenanting to do two things can bring, for part done, 3 G. 
 
 167. 
 qussre, will action of, lie on a mere real warranty, 2 E. 132. 
 by one to assign bonds, and by another to convey lands, dependent, 3 E. 
 
 68. 
 for delivery of wheat construed. When covenants are dependent, 3 E. 71. 
 when dependent, construed as if independent, 3 E. 71 ; 2 G. 167. 
 cannot pass to assignee of land unless vendor can convey land itself, 3 E. 
 
 394. 
 
134 COVENANT. 
 
 COVENANT, In Geneeal, Continued. > 
 
 •whencovenants are dependent or independent, 4 E. 353; 9 G. 154. 
 to use diligence to collect debts is not a, to pay at all events, 6 E. 20. 
 proper measure of damages on, of warranty of land, 2 L. 451 ; 9 L. 101. 
 to pay all taxes and dues does not include a paving assessment, 2 L. 178. 
 against incumbrances does not include a highway running through the 
 
 land, when, 31 G. 1. ^ 
 
 covenants In these cases construed, 6 L. 154 ; 7 L. 346 ; 5 G. 179. , 
 
 to stand seized to use construed, 2 L. 653. 
 what a compliance with; by two to deliver assignment of part of a note, 6 
 
 G. 456. 
 when parties who, to pay unequal portions of purchase money, entitled to 
 
 equal share of land, 5 G. 51. 
 proper remedy for breach of, to make certain amount of salt each year, 7 
 
 G. 121. 
 taking a new lease by assignees of first lease releases them from liability 
 
 for breach of, by assignorSj 7 G. 121. 
 when note not merged in, made by maker and holder,' 7 G. 385. 
 held to extend to children of covenantor though they claim as devisees 
 
 and not heirs, 8 G. 353. 
 held as running with the land and purchaser entitled to its benefit, 8 G. 353. 
 • what plaintiff can recover in, for failing to deliver possession of mill, 8 G. 16. 
 quxre, whether stipulation in lease is a collateral limitation or a, 18 G. 1. 
 to secure party for advances already made and to be made, good, 32 G. 695. 
 - recording such, notice to parties claiming under covenantor, 32 G. 695. 
 rights of covenantee in such, prior to rights of execution creditor, 32 G. 695. 
 what, in indenture of apprenticeship valid, 5 G. 285. 
 for quiet enjoyment not implied from words used in this case, 9 L. 446. 
 in this deed of trust by endorser of negotiable note held to bind him with- 
 out notice or protest to him or other endorser, 33 G. 160. 
 party having a, against incumbrances, not relieved because of easement 
 
 which has not been used, when, 33 G. 489. 
 2. Pboceedings in : 
 plaintiff need only set forth enough of awaid to show right to recover, 1 
 
 ■C. 575; 4 H. & M. 82 ; 6 M. 488. 
 when specific execution of a, luade by a wife in a deed will be decreed, 3 
 
 C. 394. 
 plea of " not guilty " to action of, cured by verdict, 1 H. & M. 153. 
 what declaration by heir for breach of, in deed to ancestor, good after ver- 
 dict, 1 H. & M. 303. 
 what defect in plea in action of, against heir cured by verdict, 1 H. & M. 
 
 303. 
 lies on bond with collateral condition, How breach assigned, 1 M. 45. 
 when on plea of " covenants performed " question of performance is for 
 
 the jury, 2 M, 244. 
 when in action against one, a joint and several, admissible, 3 M, 168. 
 when failure of plaintiff to do act promised a good defense in, 2 G. 167. 
 what defecte in declaratioh grounds for arresting judgment, 3 H &. M, 118. 
 
COVENANT— CKIMINAL JURISDICTION AND 135 
 PROCEEDINGS. 
 
 COVENANT, Peocebdings in, Continued. 
 
 declaration against representatives of one joint covenantor, if the other 
 surviving, is fatally defective. 4 H. & M. 253. ' 
 
 what declaration defective and not cured by verdict, 1 M. 487. 
 
 what declaration in, good after verdict, 3 M. 255. 
 
 what damages jury may assess on, for not delivering com, 4 M. 542. 
 
 when plaintiff not coniined to proof of acts done within time named in 
 declaration, 5 M. 199. 
 
 what not a material variance in, on an agreement of lease, 6 M. 488. 
 
 defendant hy oyer makes, part of record and cannot object to it as evidence, 
 1 L. 491. 
 
 in case of a judgment by default, if writ is in assumpsit and declaration 
 in, variance is fatal, 3 L. 270. 
 
 when plaintiff can recover in, for doing part of work, 7 L. 1. 
 
 what counts in declaration in, good, 7 L. 93. 
 
 plea by surety on bond held bad, 11 L. 261. 
 
 what proof does not support issue in this case, 2 E. 20. 
 
 plea in, held sufBeient and replication nought, 11 L. 233. 
 
 pleas in case of, on title bond with condition, 12 L, 622. 
 
 if verdict is for larger sum than damages laid in declaration and writ, it is 
 had, 4 M. 214. 
 
 when plaintiff must aver execution or tender of deed in suit to recover 
 purchase money, 9 G. 154. 
 
 on what bond, may be maintained. What declaration in, good, 21 G. 96. 
 
 when covenantee may interplead and set up title to property taken in ex- 
 ecution, 32 G. 695. 
 
 ho N damages for failure of vendor to keep, ascertained, 30 G. 105. 
 CREDITOR ; see Debtor and Creditor. 
 
 CREDITORS' BILL; see Bill; Debtor and Creditor; Equity. 
 CRIMINAL JURISDICTION AND PROCEEDINGS ; see Arrest of Judg- 
 ment ; Evidence. 
 
 when in case of misdemeanor judgment not arrested for a variance, 2 
 
 G. 555. 
 when issue on a plea in abatement in a felony case should be tried by a 
 
 jury, 2 G. 562. 
 on trial for felony court cannot discharge jury without prisoner's consent, 
 
 2 G. 567. 
 asto dying declarations of deceased in trial for murder, 2 G. 594. 
 when in joint proceeding for felony, clerk should issue separate venire 
 
 fmas, 3 G. 566. 
 when court should quash panel and direct separate venire facias, 3 G. 566. 
 howsentence of court confining prisonerforless time than provided by law, 
 
 corrected, 5 G. 692. 
 when committing justice should send prisoner to be tried by new law, 5 
 
 G. 701. 
 In arraigning prisoner, jury should be charged under law in force when 
 crime was committed, 5 G. 701. 
 
136 CRIMINAL JUKISDICTION AND PROCEEDINGS. 
 
 CRIMINAL JURISDICTION AND PROCEEDINGS, Continued. 
 judge is not bound to hear argument of prisoner's counsel if his opinion 
 
 is formed, 5 G. 664. 
 court can instruct jury to disregard faulty count in the indictment, 9 
 
 G. 738. 
 prosecutor may etnploy counsel to aid commonwealth's attorney, 6 G. 684. 
 what are not leading questions, 6 G. 684. 
 when court should not hear motion to quash indictment for perjury, but 
 
 make defendant demur, 6 G. 691. 
 motions to quash not encouraged. When information for perjury amended 
 
 after motion to quash, 6 G. 699. 
 if prisoner sent for trial to hustings court, venire facias should be executed 
 
 by sergeant of corporation, 6 G. 696. 
 whether name in indictment for rape is idem sonans with person raped is 
 
 for the jury, 20 G. 825. 
 county court at which indictment is foundmust consist of at least four jus- 
 tices, 13 G. 795. 
 when there cannot be judgment at one term for fine; and at another for 
 
 imprisonment, 14 G. 710. 
 when objection to mode of selecting jury must be made, 15 G. 634. 
 indictment for second offence of petii larceny is for a felony. County court 
 
 cannot try it, 16 G. 499. 
 when indictment treated as a pi^entment, 16 G. 499. 
 if indictment is lost before trial, party cannot be tried, 16 G. 507. 
 jbinder of count for housebreaking with one for larceny, and conviction on 
 
 each, 17 G. 570, 576. 
 when prisoner discharged for failure to prosecute in due time, 19 G. 478. 
 when proceedings had under a law which is repealed, 19 G. 485. 
 circuit court can try cases of disturbance of religious congregation, 3 G. 
 
 595. 
 when record of the examining court as to the crime of the prisoner suffi- 
 cient, 8 G. 606. 
 Court of Appeals has jurisdiction in controversy between State and pris- 
 • oner as to costs, 10 G. 696. 
 circuit court of Richmond cannot punish .sheriff of Essex for an escape, 
 
 when, 4 L. 664. 
 jurisdiction of circuit superior court as to abatement of a dam, 5 L. 726. 
 of what larceny by negro justice has sole jurisdiction, 2 Rob. 842. 
 act of :^ebruary 21, 1845, gives no authority to General Court to correct 
 
 judgment of an inferior court, 2 6. 558. 
 how long judge of circuit superior court may continue session of court, 2 
 
 G. 594. 
 as to proof of admissions of prisoner in case of murder, 21 G. 809. 
 what proof as to name admissible in indictment for rape, 20 G. 825. 
 prisoner electing to be tried in circuit court not entitled to discharge for 
 
 delay in trial, when, 19 G. 478. 
 prisoner committed for trial iu county court, should be indicted in that 
 
 court, 19 G. 478. 
 
CRIMINAL JURISDICTION AND PROCEEDINGS. 187 
 
 CRIMINAL JUEISDICTION AND PEOCEEEDINGS, Continued. 
 
 act April 27th, 1867, as to discharge of prisoner for delay in trial construed. 
 19 G. 478. 
 
 filing information is of no avail in case of felony, but an indictment miist 
 be found, 19 G. 478. 
 
 on indictment for robbery, prisoner may be convicted of assault and bat- 
 tery, 17 G. 592. 
 
 when prisoner may be acquitted of felony and convicted of assault and bat- 
 tery, 220.899. 
 
 in such case j ury may fine prisoner and the court imprison him, 23*G. 899 . 
 
 mayor and corporation court of Lynchburg have concurrent jurSplPon of 
 petit larceny, 22 G. 912. 
 
 what proper evidence in this trial for petit larceny, 22 G. 912. 
 
 what plea of "not guilty" does not put in issue in this case, 22 G. 912. 
 
 confinement in penitentiary for larceny not warranted in this case, 22 G. 
 912. 
 
 piiuciples of granting new trials because verdict contrary to the evidence, 
 22 G. 924. 
 
 principles of granting new trials on ground of after discovered evidence, 
 
 22 G. 924. 
 
 what not sufficient ground for setting aside verdict for felony, 22 G. 924. 
 evidence of jurors not admissible to impeach their verdict, 22 G. 924. 
 when prisoner not entitled to be sent before justice for examination, 2'd G. 
 
 919. 
 when testimony of witness before j uiy of inquest competent to impea<;li 
 
 his evidence. When not, 23 G. 919. 
 great weight attached to opinion of lower court as to competency of juror:?, 
 
 23 G. 919. 
 
 when judgment in case of larceny not arrested. What intended after ver- 
 dict, 23 G. 941. 
 
 when fixing of imprisonment surplusage, 23 G. 941. 
 
 conviction of assault and battery by justice will not prevent indictment 
 for felony, when, 23 G. 960. 
 
 what^evidence inadmissible on .trial for.assault with intent to kill, 23 G. 960. 
 
 when malice inferred. Presumption as to intent of prisoner, 23 G. 960 
 
 general verdict of "guilty" is sufficient if either count in indictmeni is- 
 good, 23 G. 960. 
 
 when facts certified do not sustain the verdict, 24 G. 555. 
 
 proof that prisoner obtained money by false pretences will sustain indict- 
 ment for larceny, 24 G. 563. 
 
 what not larceny of a check given for warrant on county treasurer, 24 G. .^6S. 
 
 prisoner who has been granted a new trial for felony maybe tried at sain". 
 term, 24 G. 602. 
 
 what no ground to continue cause for prisoner, 24 G. 602. 
 
 how jury summoned from another county, 24 G. 602. 
 
 what a sufficien't qualification by deputy sergeant. Who a qualified juroi , 
 
 24 G. 602. 
 
 18 
 
138 CRIMINAL JURISDICTION AND PROCEEDINGS. 
 
 CEIMINAL JURISBICTION AND PROCEEDINGS, €onimued. 
 what statement eommonwealtli's attorney may make to juiy in murder 
 
 case, 24 G. 602. 
 how objection to juror summoned from place near vicinage taken, 24 G. 602. 
 person convicted of pelit larceny by justice may appeal to county court. 
 
 How tried, 24 G. 618. ' 
 
 errors of justice cannot affect judgment of county court in such ease, 24 
 
 G. 618. 
 when judgment reversed because indictment and verdict defective, 24 G. 
 ' 644. 
 in sueh case prisoner may be tried again, 24 G. 644. 
 wnSiinew trial may be granted in rape case on ground of surprise, ,24 G. 
 
 649. 
 when second reading of indictment and charge cures errors in first, 24 G. 
 
 657. ' 
 how clerk should charge jury in case of homicide, 24 G. 657. 
 what verdict for murder held sufficient, 24 G. 657. 
 accessary before the fact to a felony, cannot be convicted on indictment 
 
 against him as principal, '24 G. 657. 
 court judges of competency of witness, jury of weight of testimony, 25 G. 
 
 865. 
 when court may require bill of exceptions to be prepared after trial, 25 G. 
 
 865. 
 court may interrupt and correct counsel who states instructions erro- 
 neously, 25 G. 865. 
 when prisoner indicted for burglary may be convicted of larceny, 25 G. 
 
 908. 
 when appeal lies to Court of Appeals from judgment of circuit court in 
 
 case of misdemeanor, 25 G. 938. 
 when statement of prisoner evidence as part of res gestae in murder case, 
 
 25 G. 921. 
 when prisoner may recall a witness for the Commonwealth, 25 G. 921. 
 prisoner may prove witness made different statement to grand jury, 25 G. 
 
 921. 
 when prisoner may contradict witness of commonwealth, 25 G. 921. 
 what evidence as to identity admissible in trial for robbery, 25 G. 943. 
 criminal jurisdiction of Hustings Court of city of Richmond, 25 G. 943. 
 criminal jurisdiction of corporation courts, 25 6.987. 
 charge by clerk on indictment for larceny sufficient if money obtained by 
 
 false pretences, 25 G. 965. 
 if two indicted jointly for misdemeanor they cannot claim separate trial, 
 
 25 G. 938. 
 party convicted on one count entitled to acquittal on others, \yhen, 26 G. 
 
 943. ' 
 
 when judgment for felony reversed, but prisoner remanded to be tried 
 
 again, 26 G. 943. 
 how grand juries may be made up, and by what order of the court,. 26 G. 
 
 976. 
 
CRIMINAL JUKISDICTION AND PROCEEDINGS. 139 
 
 CEIMINAL JUEISDICTION AND PROCEEDINGS, Continued. 
 
 when appellate court will not reyerse judgment in murder case, 26 G. 995. 
 what not variances in commitment requiring prisoner to be sent back to 
 
 justice, 27 G. 934. 
 plea of autrefois acquit only good when acquittal was on merits, 27 G. 934. 
 what not material variance between indictment and evidence, 27 G. 934. 
 at what term of circuit court prisoner sent on for felony may be tried, 27 
 
 G. 954. 
 who competent jurors though they had tried the issue on plea 0^ autrefois 
 
 acquit, 27 G. 954. ' 
 
 what a proper instruction and what evidence on plea of autrefois acquit, 27 
 
 G. 954. 
 when jurors may be summoned from another county, 27 G. 954. 
 , when evidence does not sustain indictment for selling liquor to minors, 27 
 
 G. 1018. 
 when prisoner indicted for larceny cannot be convicted of obtaining money 
 
 under false pretences, 28 G. 912. 
 verdict is to be read in connection with indictment, and held sufiacient in 
 
 this, case, 28 G. 922. 
 continuance properly refused, '28 G. 930. 
 what statements inadmissible on trial for larceny, 28 G. 942. 
 a conviction on one count only, is an acquittal on others, and prisoner can- 
 not be again tried on latter, 28 G. 950. 
 in what cases same rule applies, 28 G. 950. 
 on a second trial jury may fix greater punishment than was fixed on first 
 
 ti-ial, 28 G. 950. 
 when acquittal obtained by first verdict net affected, 28 G. 950. 
 of what accused may be convicted on indictment for malicious shooting, 
 
 28 G. 950. 
 
 pendency of one indictment is n bar to another, 28 G. 950. 
 
 discharge of jury whose verdict is void no bar to another prosecution, 28 
 
 G. 950. 
 when prisoner not entitled to a new examination, 28 G. 950. 
 when prisoner in penitentiary brought before Court of Appeals by habeas 
 
 corpus and remanded to lower court for a new trial, 28 G. 950. 
 when continuance of indictment for obstructing street properly refused, 
 
 29 G 780. 
 
 . what evidence admissible on the trial of such indictment, 29 G. 780. 
 ■ evidence held not to identity person accused of burglary, 29 G. 796. 
 
 mistaken endorsement on indictment does not invalidate it, 29 G. 824. 
 ■ when judgment for attempt to commit rape not reversed, 29 G. 830. 
 attempt to commit rape included in Code 1873 ch. 195 |10, 29 G. 830. 
 how person selling liquor without license before " register " furnished him, 
 
 punished, 29 G. 853. 
 pai^y convicted of subornation of perjury, should have new trial if party 
 
 tried for the perjury is acquitted, 29 G. 857. 
 judgment in rape not reversed though judges would have found different 
 verdict, 30 G. 845. 
 
140 CRIMINAL JURISDICTION ANl5 PROCEEDINGS. 
 
 CRIMINAL JURISDICTION AND PROCEEDINGS, Continued. 
 
 when jury presumed to have heeu properly summoned, and that prisoner 
 was present at trial, 30 G. 845. 
 
 when prisoner may be convicted of rape. What witnesses admissible, 30 
 G. 845. 
 
 when prisoner not required to be present in f ourt, 30 G. 845. 
 
 what a sufficient finding of intent in verdict, 31 G. 830. 
 
 when verdict not set aside because of separation of the jury, 31 G. 830. 
 
 when two are jointly indicted for conspiracy, they are not entitled to sepa- 
 rate trial, 31 G. 836. 
 
 proceedings on a trial for conspiracy, 31 G. 836. 
 
 when contents of letter inadmissible on trial for misdemeanor, 31 G. 855. 
 
 on trial for obtaining goods under false pretences what evidence admissi- 
 ble, 31 G. 862. 
 
 number of points decided in this prosecution for obtaining money under 
 false pretences, 31 G. 862. 
 
 prosecution for selling liquor on Sunday in Richmond under act of 1874, 
 sustained, 31 G. 887. 
 
 when jury may be discharged by court without consent of prisoner, 32 
 G. 866. 
 
 what a sufficient indictment for gaming, 32 G. 873. 
 
 when cashier of building fund association guilty of embezzlement, 32 
 G. 899. 
 
 what proper evidence in such case, 32 G. 899. 
 
 consequence if a grand juror incompetent. What a legal grand jury, 32 
 G. 899. 
 
 who not a competent juror, 32 G. 941. 
 
 principles governing court on motion for continuance in criminal cases, 32 
 G. 855 ; see 17 G. 627, 629. 
 
 what necessary to sustain prosecution for receiving stolen goods, 32 G. 946. 
 
 wilful firing pistol in street of city is an unlawful act, 33 G. 136. 
 
 party waiving filing of information in lower court cannot complain in ap- 
 pellate court, 33 G. (ft3. 
 
 what language in venire facias in case of felony not error, 33 G. 766, 807. 
 
 what statements of prisoner as to prior difficulty with deceased evidence 
 on trial for murder, 33 G. 766. 
 
 when, in such case, particulars of assault made by prisoner on deceased on 
 same day as killing, evidence, 33 G. 766. 
 
 objection, made after verdict, that juror has not paid capitation tax no 
 ground for new trial in criminal case, 33 G. 766. 
 
 prisoner held properly convicted of voluntary manslaughter, 33 G. 766, 
 
 indictment for felonious stabbing need not state plaee in city where assault 
 was made, 33 G. 807. 
 
 on plea of " not guilty " prisoner may set up insanity at time assault was 
 made, 33 G. 807. 
 
 burden of proof is on prisoner who sets up insanity, 33 G. 807. 
 
 mere cumulative evidence no ground for new trial in criminal case, 33 G, 
 807. 
 
CRIMINAL JURISDICTION AND PROCEED- 141 
 INGS— CUSTOM. 
 
 CRIMINAL JURISDICTION AND PROCEEDINGS, ConHnued. 
 jadgment discharging prisoner found guilty of involuntary manslaughter 
 
 erroneous, 33 G. 819. 
 such judgment corrected at same term of court ajad another of flue and 
 
 imprisonment entered in prisoner's absence, 33 G. 819. 
 indictment under Moffet Liquor Law not stating defendant was " licensed " 
 
 fatally defective, 33 G. 827. 
 prisoner who took no part in killing, though present at the time, held not 
 
 guilty of any offence, 33 G. 834. 
 when directing person summoned on first venire to be summoned on second 
 
 not error, in murder case, 33 G. 845. 
 confessions of prisoner held admissible on this trial for murder, 33 G. 845. 
 prisoner who watched while others committed murder is a principal in the 
 
 first degree, 33 G. 845. 
 negro on trial for murder is not entitled to a mixed jury, 33 G. 845. 
 prisoner properly held guilty of murder in first degre^, 33 G. 872. 
 when refusal of court to change venue on trial for murder not error, 33 6. 
 
 880. 
 what necessary to con.stitute murder in first degree, 33 G. 880. 
 CURATOR. / 
 
 when, cannot be sued on a bond of decedent, 8 L. 264 ; 9 L. 342. 
 when, is liable to be sued as administrator, 9 L. 342. 
 
 curatrix presumed to have been appointed under 1 K. CJ. ch. 104, 4 G. 257. 
 when, liable to administrator d. b. n. for receiving payment of debt in Con- 
 federate money, 33 G. 71 6. 
 CURTESY. 
 
 determinable fees are subject to dower and, 4 Q. 331. 
 CUSTOM, 
 payment to attorney at law good under custom of the country, 1 W. 10; 1 
 
 C. 147. 
 to transfer settlement rights without will not valid, 1 "W 228. 
 of merchants is matter of fact, and decision of court on, is law of the land, 
 
 1 C. 147. 
 general usage and understanding of people is to be considered in the construc- 
 tion of an agreement, 5 M. 483. ' 
 practice and usage in opposition to common law has no force on ground of, 
 
 7 L. 632. 
 when a, excuses non-performance of a duty prescribed by statute, 5 G. 24. 
 must be specially pleaded. When defendant allowed to amend and plead 
 
 specially, 5 G. 24. 
 usage by flour inspector to take to his own use flour is illegal aud not a, 
 
 15 6. 457. 
 recognized by a statute gets its vitality from^he statute, 15 G. ^57. 
 as to the law of, in Virginia, 15 G. 457. 
 how far a, may modify a contract, 18 G. 323. 
 
142 DAMAGES. 
 
 D. 
 
 DAMAGES ; see Ad Quod Damnum ; Inquisition. 
 i. In General. 
 
 2. When Recovebed. 
 
 3. When not Eecoveeed. 
 
 4. assessmbnt of. 
 1. In Gbneeai, -. 
 
 not found for plaintiff if one issue is for him and the other against him, 
 
 1. W 135. 
 verdict cures omission to lay, in declaration, 2 W. 203 ; 3 H. & M. 268. 
 interest not allowed on, until after judgment against sheriff for taxes, 1 
 
 C. 194. 
 question of, left to jury in this case, 2 C. 209. 
 Court of Appeals will consider Wlank in declaration fiUed up with, laid in 
 
 the writ, when, 6 C. 85. 
 new trial granted if jury find greater, than amount laid in writ, unless 
 
 excess is released, 6 C. 85. 
 to what appeals and injunctions act of January 20th, 1804, does not apply, 
 
 2 H. & M. 395. 
 act allowing, on affirmance of decree is not retroactive, 3 M. 230. 
 if, left blank in declaration it is unimportant, when, 3 M. 115. 
 when plaintiff may release surplus of, and take judgment for balance, 4 
 
 M. 371. 
 when on sci.fa. plaintiff cannot have writ of enquiry of, 6 M. 282. 
 new trial cannot be granted for smallness of, given in trespass, 2 V. C. 49. 
 bill claiming, for breach of contract not entertained, 3 L. 667. 
 on dissolution of injunction to a judgment, become a part of judgment as 
 
 to party obtaining them, 10 Gr. 612. 
 in absence of evidence showing insufficient, inquest on ad quod damnum to 
 
 establish public landing is conclusive, 10 G, 12. 
 when j iidgment of jury as to, conclusive in suit against oairier for injury 
 
 to passenger, 11 G. 697. 
 in debt on bond, need not be laid in declaration nor found by jury, 3 C. 557 ; 
 
 2H.&M.446. 
 how, laid in declaration on bill of exchange for sterling money, 1 W. 115 ; 
 
 2 W. 165. , 
 2. When Eeooveeed : 
 
 when, should be against the jjroper estate of an executor, 1 W. 74, 204. 
 
 when fifteen per cent, allowed sheriff who appealed, 2 C. 208. 
 
 when ten per cent, allowed on appeal from decree on a forthcoming bond, 
 
 3 C. 86. 
 
 person promising to pay debt of another liable for, if he fail to do so, 4 C. 
 
 288. 
 when party pulling down house to prevent fire must pay, 2 G. 219. 
 what, given by Court of Appeals on affirming a decree which does not bear 
 
 interest, 4 G. 1. 
 what no bar to suit for, against the vendee of a mill, 8 G. 88. 
 
DAMAGES. 143 
 
 DAMAGES, Continued. 
 
 3. Whejst not Recovered': 
 
 not recovered on costs when judgment as to Costs reversed, 1 "W. 10. 
 
 against proper estate of an>executor, 1 W. 74, 204. 
 
 slaves recovering freedom not allowed, for their detention, 2 C. 319. 
 
 fifteen per cent, not allowed against attorney failing to pay client money 
 collected, 3 C. 200. agHj^' 
 • not allowed in dower ^^^fehushaud aliened in his lifetime, 6 L. 9. 
 
 not allowed on affirmancPof decree dismissing a bill with costs, 6 M. 176.' 
 
 on affirmance of an appeal, 9 G. 247. 
 
 when, and interest on costs of protest of bill of exchange not allowed, 9 
 G. 31. 
 
 when injunction to judgment properly dissolved, but vfithout, 9 G. 336 ; 10 
 G. 138, 211. 
 
 when owner of laud over which road is located cannot get, 15 G. 244. 
 ' 4. Assessment op : 
 
 mle for estimating, in this case, 1 W. 1. 
 
 to land by mortgagee deducted from amount due him, 1 W. 162. 
 
 when jury should find value of sterling money, 1 W. 372 ; see 1 W. 115 ; 2 
 W. 165. 
 
 jury may find greater than laid in declaration if less than penalty of the 
 bond, 2 W. 143. / 
 
 in trover should not exceed the amount laid in declaration, 2 W. 192. 
 
 may be assessed by the jury in a writ of right, 1 C. 429. 
 
 when interest properly included in, for non-payment of a debt, 1 C. 567. 
 
 what, arbitrators may allow on bond of deputy to indemnify sheriff, 2 C. 
 433. 
 
 on bond with collateral condition jury may find more than laid in decla- 
 ration, 3 C. 523 ; 2 H. & M. 459. 
 
 how assessed in a joint action for assault and battery, 1 H. & M. 488. 
 
 itis not error if jury find general, for detaining several slaves, 2 M. 539. 
 
 in covenant a verdict for greater than laid in writ and declaration is errone- 
 ous, 4 M. 214 ; see 3 H. & M. 502. 
 
 when jury may find such, for non-delivery of corn as evidence shows, 4 M. 
 542. 
 
 what, sheriff may recover against his deputy, 5 M. 401. 
 
 when j udgment on bond should be for penalty and ; j udgment if, exceed the 
 amount laid in writ, 5 M. 494. , 
 
 when stipulated price of property proper measure of, 4 E. 346. 
 
 as to proper measure of, in action for deceit in sale of slave, 4 L. 474. 
 
 sustained by escape of debtor not necessarily equal to amount of debt, 9 L. 
 397. 
 
 as to, for breach of executory contract to convey land, 9 L. 101 ; 11 L. 261. 
 
 when surplus interest above penalty may be given as, 10 L. 284. 
 
 measure of, for breach of contract of sale of slave, 2 G. 539. 
 
 measure of, on warranty of soundness of an animal sold, 4 G. 121. 
 
 when jury may assess, jointly in action of trespass against several, 5 G. 90. 
 
 if assessed severally in such case, how defect cured, 5 G. 90. 
 
144 DAMAGES— DEBT. 
 
 DAMAGES, Assessment of, Continued. 
 
 when ten per cent, not computed during pendency of an appeal, 5 G 193. 
 
 measure of, in covenant for failure to deliver possession of a mill, 8 G. 16. 
 
 measure of, in suit on prison bounds bond' is the debt, interest and costs, 
 9 G. 167. 
 
 how, sustained by defendant ascertained <m a bill by vendor for specific 
 performance, 32 G. 814. jmSBS^ 
 
 measure of, in suit on bond to indemnifJ^BPn for selling under an exe- 
 cution, 1 P. & H. 201. ^^ 
 
 what proper, for failure to deliver stock according to contract, 17 G. 366, 
 396. 
 
 when counsel fees included in, in suit for imprisoning plaintiff, 16 G. 64. 
 
 what natural, proximate and necessary, in this case. Alia enormia, &c. 17 
 G. 472. 
 
 how assessed in action on the case for shooting plaintiff, 33 G. 136. 
 DATE. 
 
 deed good though blank, filled up by donee after delivery, 1 H. & M. 390. 
 DEBT j see Debtor and Creditor ; Novation of Debt. 
 
 1. In Geneeal. 
 
 2. Declaration. 
 
 3. Pleading and Pbaotice. 
 
 4. Verdict. 
 
 5. Judgment. 
 1. In General : 
 
 when payment of, to attorney good. When not, 1 W. 10. 
 
 when, will not lie against sheriff, 1 W. 232. 
 
 when copy of lost bond admissible evidence in action of, 1 W. 252. 
 
 when action of, lies on a foreign bill of exchange, 1 W. 331. 
 
 when action of, maybe brought on a defective forthcoming bond, IW. 367. 
 
 in, on a bill of exchange profert is not necessary, 2 W. 143. 
 
 executors may bring, on a replevy bond payable to testator, 1 C. 243 ; see 
 
 6 M. 319. 
 sheriff inay bring, on forthcoming bond payable to himself, I C. 249. 
 when heir may maintain, on bond to ancestor for quiet enjoyment of lands, 
 
 2 C. 22. 
 when rule that individual, is no set-off against a firm, not applicable, 2 
 
 C. 409. 
 condition to pay residue of, by a certain time if part remitted, mast be 
 
 strictly perforined, 2 C. 421. 
 any writing acknowledging a certain sum due will sustain, 2 C. 530 ; 4 H. 
 
 & M. 200, 
 husband is not liable fer wife's debts after her death, when, 4 C. 453. 
 does not lie for military certificates, 5 G. 294 
 what the laws order any one to pay instantly becomes a, 6 C. 245. 
 due by attorney for money collected on a judgment is a simple contract, 1 
 
 H. & M. 437. 
 will not lie against acceptor of a bill of exchange, 3 H. & >[. 394 ; 2 M 302. 
 
DEBT. 145 
 
 DEBT, In General, Continued. 
 when plaintiff may recover in, on judgment, though the records of the 
 
 court were burned, 4 L. 57. 
 how, brought on obligation to A. as executor of B., 7 L. 604. 
 will lie under 1 R. C. ch. 125 §4 for payee against acceptor of an order, 8 
 
 L. 50. 
 when, lies for a penalty given by a statute, 8 L. 479. 
 does not lie on agreement to pay in bank notes, when, 8 L. 514. 
 when representatives only of a party can maintain, on a parol contract, 
 
 12 L. 204. 
 acknowledgment of, ^y grantor in a deed will sustain action of, 3 G. 294. 
 lies on instrument sealed as to some and not sealed as to others, 8 G. 63. 
 on bond dischargeable in notes or bonds, 12 G. 520. 
 will not lie on bond payable in the currency of Virginia, 21 G. 149. 
 will not lie on bond payable in instalments until all are due, 22 G. 643. 
 omission in endorsement on a bond supplied. Contract altered by en- 
 dorsement, 22 G. 643. 
 what a promise to pay in coin, and debt will lie on it, 23 G. 238. 
 on specialty and simple contract may be joined, 5 L. 109. 
 change of securities of equal dignity not a novation of a, unless so intended, 
 
 33 G. 186. 
 held fiduciary, and not barred by act of limitations, 33 G. 256. 
 statute of limitations ceased to run against all debts from time of a de- 
 cree for an account, 33 G. 548. 
 2. Declaration : 
 when jury may assess greater damages than laid in, 2 W. 143. 
 cannot be sustained on administration bond unless, shows the plaintiffs are 
 
 justices, 1 C. 345. 
 on specialty for money and interest, quasre, how plaintiff shall declare, 1 
 
 C. 567. 
 when omission to state in the, a failure to pay interest, cured by verdict, 1 
 
 C. 567, 
 when if first, is withdrawn plea will stand as to second, 2 C. 16. 
 if blank as to sums, suit should be dismissed, 2 C. 495. 
 against, partners alleging a binding by one only is insufficient, 1 H. & 
 
 M. 423. 
 what, need not state in debt on writing for money or tobacco, under the 
 
 statute, 2 V. C. 521. 
 on bond with collateral condition. "What a sufficient assignment of breach, 
 
 2 H. & M. 446, 459 ; 4 H. & M. 277. 
 what, on sheriff's bond good after verdict, 2 H. & M. 459. 
 what a sufficient, in debt on indemnifjdng bond given administrator, 4 H. 
 
 & M. 293. 
 on joint bond against one obligor, must stat« the other obligor dead, 3 M. 
 
 187; 1 M. 76. 
 on an assigned bond, should state a failure to pay to obligee or any of the 
 
 assignees, 2 M. 282, 518 ; 5 M. 198. 
 what, by surviving executor on debt due to testator should state, 2 M. 336. 
 
 19 
 
146 DEBT. 
 
 BEBT, In Geneeal, Continued. 
 against two partners, charging that one executed the bond is defective, 3 M. 
 
 189. ^ 
 
 in debt on bond with collaterg,! condition, plaintiff cannot recover for breach 
 
 not charged, 3 M. 230. 
 on bond against heirs of obligor. What, too defective to enter judgment 
 
 on, 4 M. 94. 
 ' quxre, what averments of transfer of a note and of demand and notice are 
 
 sufficient, 4 R. 152. 
 what, need not state in debt on ofacial bond, 6 R. 204. 
 when averment of presentment of note at bank immaterial, 4 L. 114. 
 how plaintiff must declare in debt on simple contract, to take case out of 
 
 statute of limitations, 4 L. 519. 
 what a bad assignment of breach in, on sheriff's bond, 6 L. 316. 
 demanding interest as part of the debt is bad, 7 L. 175. 
 what a good, on a Maryland judgment, 9 L. 12. 
 
 proper, in debt on acknowledgment of grantor made in a deed, 3 Gr. 294. 
 what, should aver in this case, 13 G. 118. 
 
 what, should demand in debt on judgment for penalty of a bond to be dis- 
 charged by smaller sua^s, 4 M. 307. 
 3. Pleading and Peaotice : 
 in motion on a joint bond plea of non est f actum must be first tried, 1 W. 72. 
 what not sufficient evidence on a plea ot non est factum, 1 W. 72. 
 due by one partner is not a set-off against a partnership demand, 1 W. 77. 
 repleader awarded in, on a bond, replication being bad; 1 W. 155. 
 in, on a joint bond survivorship must be pleaded, 1 W. 273. 
 in, on a bill of exchange prqfert is not necessary, 2 W. 143. 
 bail is not required in, on bond with collateral condition, 2 W. 181. 
 improper plea not accepted to set aside office judgment, whether excepted 
 
 to or not, 1 C. 257. ■ ■ 
 
 on plea of non est factum, proof of handwriting and death of subscribing 
 
 witness is sufficient to submit case to jury, 1 C. 561. 
 when plea of " conditions performed " equivalent to plea of " payment," 1 
 
 C. 567. 
 when if first declaration withdrawn, plea will stand as to second, 2 C. 16. 
 when plea amended after verdict, having been filed inadvertently, 2 C. 527. 
 when accord and satisfaction cannot be given in evidence, but must be 
 
 pleaded, 3 C. 234. , 
 if heir plead no assets by descent, a general verdict against him is sufficient, 
 
 3 C. 431. 
 plea of payment amounts to the general issue, 4 C. 371. 
 bail is not required in, for the penalty of a statute, 6 C. 245. 
 what necessary to charge a party as bail, 1 H. & M. 423. 
 plaintiff must prove thfe amount due though defendant admit the, 2 H. & 
 
 M. 401. 
 what plaintiff need not aver nor prove in, on a promissory note, 2 L. 19.5. 
 in, on penal bill plaintiff need not prove special demand of principal, and 
 
 may recover interest, 6 R. 101. 
 
DEBT. 147 
 
 DEBT, Pleading and Pkactice, Continued. 
 
 in, for rent, what defendant may give in evidence on plea of "nil debet," 3 
 : H. & M. 470. 
 when plea of payment extends to part only of the, 3 M. 249. 
 what a defective plea in, on an injunction bond, 3 M. 251. 
 when note is evidence on plea of payment, but not of set-oflf, 4 M. 442. 
 > what a sufficient plea in bar to the action in this case, 5 M. 172. 
 when estoppel to plea is waived by joining issue, 6 M. 120. 
 when in, on bond for title, plaintiff need not prove demand of deed, 6 
 
 M. 394. 
 plea of non est factum should be received, though payment previously 
 
 pleaded, 6 M. 462. 
 a general replication to a plea of payment does not of itself constitute an 
 
 issue, Gil. 228. 
 defendant cannot avoid a specialty by pleading it was obtained by fraud, 
 
 2E. 426. 
 when plea that bond was obtained by fraud, &c., immaterial, 6 E. 169. 
 court in this case right to reject good pleas and give judgment, 1 L. 473. 
 what not an issuable plea in, against an executor, 1 L. 473. 
 whaf replication to plea of feme covert in, on bond, bad, 2 L. 170. 
 nil debet not a good plea in, on jxidgment of court of another State, 2 L. 
 
 172 ; 9 L. 12. 
 plea in, on sheriff's bondgood, though designed to entrap, 6 L. 316. 
 what should have been ^one with pleas In this action of, on a judgment of 
 
 court of District of Columbia, 8 L. 628. 
 at whose relation, on sheriff's bond for misconduct of deputy should be, 1 
 
 G. 156. 
 what may be given in evidence under plea of payment without a bill of 
 
 particulars, .8 G. 557. , 
 
 in, on negotiable note, defence that plaintiff is not holder for value, may 
 
 . be made under plea of nil debet, 17 G. 47. 
 when, scaled in equity, 22 G. 364. 
 
 proof held sufScient to establish payment of, reduced to judgment twen- 
 ty-three, yeaj-s before filing bill to enforce judgment, 33 G. 402. 
 statnte-of limitations ceased to run against all debts from time of a de- 
 cree for an account, 33 G. 548. 
 4. Veedict: 
 on bond with a penalty for aggregate of principal and interest not reversed, 
 
 when, 1 W. 6 ; 1 C. 567 ; 6 M. 394. 
 refers to the count in declaration to which testimony applies; 1 W. 87. 
 ca.ses of variance cured by, 1 "W. 204, 273. 
 
 when jury may assess greater damages than laid in declaration, 2 W. 143. 
 if debt is for sterling money, verdict and judgment should be for same, 2 
 
 W. 165. 
 omission to state failure to pay interest in declaration cured by, 1 C. 567. 
 if heir plead no assets by descent a general, against him is sufficient, 3 
 
 C. 431. "^ , 
 
 when, is not responsive to issue on plea of payment, 4 M. 492. 
 
148 DEBT— DEBTOR AND CREDITOR. 
 
 DEBT, Veediot, Continued. 
 what, on issue to plea that bond was obtained by fraud, &c., sufficient, 6 
 
 M; 120. " 
 in debt against two, that surviving defendant had not paid bond is bad, 1 
 
 E. 269. 
 what defect in, cured by statute. of jeo/nife, 6 R. 182. 
 what, insufficient to found judgment de bonis testatoris on, 1 L. 481. 
 if, is for debt with interest, &c., subject to a specific credit, it is certain 
 
 enough, 4 L. 114. 
 what, insufficient to warrant judgment on bond against an administratrix, 
 5 L. 51. 
 5. Judgment : 
 
 ' if debt paid after suit brought what, as to costs entered, 1 W. 10. 
 if declaration do not claim interest, is for principal only, 1 W. 70 ; 2 C. 
 213 ; 2 M. 334 ; 4 M. 76. 
 , what is a release of a, in debt, 1 W. 87. 
 when, should be in current money to be discharged by sterling money, 2 
 
 W. 150. 
 if debt is forst'erling money verdict and, should be for same, 2 W. 165. 
 in debt on a judgment plaintiff cannot recover more than its amount, 2 
 
 W. 201 
 office, on declaration blank as to sums is erroneous, 2 C. 495. 
 when, against debtor's administrator can only be de bonis testatoris, 3 H. & 
 
 M. 123. 
 when defendant cannot complain of, for less than declaration claimed, 6 R. 
 
 182. 
 ho\^, entered in action of debt on a bond, 1 M. 175. 
 what, should be on a bond payable in instalments, 3 M. 249. 
 what, should be on a bond subject to credit of hogsheads of tobacco, 4 M. 
 . , 262. ' 
 
 ' when, against two defendants on confession of one, erroneous, 4 M. 377. 
 when, should be for balance due, and not for face of bonds less credits, 4 
 
 M. 437. , 
 
 what, should be on a sei.fa. to revive judgment on a penal bond, 6 M. 282. 
 what not sufficient to reverse, in debt on a penal bill, 6 M. 389. 
 when, for damages on a bond for title not reversed, 6 M. 394. 
 when, on a bond with, collateral condition erroneous, 6 M. 573. 
 cannot be entered on negotiable notes without a jury, Gil. 191, 
 when, in a joint action against two, there should be the same, against both, 
 2 L. 195. 
 DEBTOR AND CREDITOR; see Accord and SatisfoEtion ; Debt. 
 when creditor can sue on bond of debtor's executor, 1 W. 31. 
 debtor should be discharged when execution is enjoined, 1 W. 120. 
 property of insolvent debtor acquired after discharge is liable for his 
 
 debts, 1 "W. 196. 
 when debtor need not seek creditor to deliver property, 1 W. 326. 
 bona fide purchaser not bound for amount due by vendor to a creditor, 2 
 C. 125. 
 
DEBTOR AND CREDITOR. 149 
 
 DEBTOR AND CEEDITOR, Continued. 
 when deed good against creditors from date of reaeknowledgment, 2 C. 
 
 125. 
 marriage settlement not recorded in eight months void as to creditors, 2 
 
 C. 198. 
 before act of 1794 surety was not discharged by failure of obligee, upon re- 
 quest, to sue principal, 3 C. 69. 
 order in which debts of insolvent who is living should be paid, 3 C. 329. 
 from what county magistrate's attachment against absconding debtor can 
 
 issue, 3 C. 413. 
 judgment on attachment should be against debtor and then against gar- 
 nishee, 3 C. 455. 
 administration bond may be sued on by creditors as well as by legatees, 4 
 
 C. 308. 
 debtor could not free slaves to the prejudice of creditors before act of 1792, 
 
 5 C. 336. 
 sheriff cannot allow or prevent escape of debtor, after taking a prison 
 
 bounds bond from him, 6 C. 54. , 
 
 creditor who has decree for his lien on a specific fund does not acquire lien 
 
 on genera] fund, 1 H. & M. 12. 
 when slaves in possession of son held a gift to him in favor of creditors 
 
 and purchasers, 2 H. & M. 289. 
 creditor admitted as a plaintiff may prove claim before commissioner, 4 
 
 H. & M. 475. 
 deed of personal property, when possession remains with vendor, is fraud- 
 ulent per se as to creditors, 2 M. 341. 
 deed in this case held good against creditors, 3 M. 559. 
 purchaser of land bought by debtor after taking of insolvent oath gets 
 
 title as against creditors of debtor' 4 M. 382. 
 when sale of land by debtor charged in execution good. When bad, 4 
 
 M. 450, 
 creditors having judgment against executors of a surety need not issue 
 
 execution before filing bill to enforce judgment, 6 M. 29. 
 unrecorded deed void as to creditors, 4 E. 208. 
 
 purchaser under sale in behalf of creditor not affected by notice of an un- 
 recorded deed, 4 E. 208. 
 debtor may prefer one creditor, or set of creditors, to others, 8 L. 271, 415. 
 what a waiver of a right by debtor against creditor, 2 G. 357. 
 debtorheld tohave hadnointerestsubjecttocreditorsinthis case, 9.G.289. 
 creditor may sue to set aside fraudulent deed, though parties to it live out 
 " of the State, 10 G. 149. 
 general direction to remit money does not authorize sending it by mail, 3 
 
 G. 250. 
 debt made in Virginia between her citizens not barred by discharge of 
 
 debtor under insolvent laws of Maryland, 5 G, 307. 
 a payment cannot be applied to a debt arising subsequently, without 
 debtor's assent, 5 G. 357. 
 
150 DEBTOR AND CREDITOR. 
 
 DEBTOR AND CREDITOR, Continued. 
 
 when creditor obtaining a sale by court of land of devisees not liable to 
 any one, 6 G. 320. 
 
 on whose behalf bill to marshal, or administer, assets should be, 9 G. 398. 
 
 action of court if there are several creditors' suite against same estate, 8 
 G. 398. 
 
 creditor bringing second suit, knowing of first, must pay costs, 9 G. 398. 
 
 creditor who is administrator may file bill to secure payment out of pur- 
 chase money of intestate's land, 11 G.'95. 
 
 deed admitted to record on proof by witness who was grantee's husband, 
 void as to creditors, 11 G. 321. 
 ' creditors may intervene by petition in suit by legatees to surcharge an 
 administration account, 2 P. & H. 124. 
 
 settlement held not to vest such an interest in grantor as is liable to his 
 after contracted debts, 11 G. 552. 
 
 assent of creditors to a deed after its execution makes it valid, 11 G. 
 348, 778. 
 
 quiere, if subsequent creditor can set aside a deed as void as to prior credi- 
 tors who do not complain, 11 G. 552. 
 
 when payment inferred from circumstances, 13 G. 219. 
 
 what sufficient evidence that deputy sheriff had collected bonds, 14 G. 214. 
 
 note left at bank where payable may be paid at any time, when, 19 G. 366. 
 
 rules as to application of partial payments. How applied in this case, 21 
 G. 205. 
 
 rights and duties of creditor holding collateral .securities, 17 G. 187. 
 
 debtor may make deed preferring creditors and requiring release from 
 those who accept it,, 18 G. 387. 
 
 life estate given wife in lieu of dower not liable for husband's debts, when. 
 12 G. 628. 
 
 interest of husband in money made as agent for his wife is liable for his 
 debts, 12 G. 74. 
 
 debtor cannot anticipate payment of debt without assent of creditor, 23 
 G. 225. 
 
 when creditor bound to receive payment in Confederate money, 23 G. 835. 
 
 when, on bill to set aside conveyance of debtor, enquiry as to his other 
 lands should be first made, 9 G. 568. 
 
 proceedings by judgment creditors to satisfy debts out of surplus of pro- 
 ceeds of land after paying trust debt, 28 G. 850. 
 
 proceedings and rights of parties when debtor becomes bankrupt after a 
 sale made by the court, 30 G. 531. 
 
 settlement on wife held valid against husband's creditors, 33 G. 88. 
 
 what arrangement between creditor and principal debtor will release 
 , surety, 32 G. 1. 
 
 if sheriff releases property levied on, upon claim of homestead by debtor, 
 he and his sureties liable, when, 33 G. 361; see 32 G. 41. 
 
 creditor having remedies against two, or two sets ol obligors bound for his 
 'debt, may pursue both at same time, 33 G. 463. 
 
DEBTOR AND CREDITOR— DECLARATION 151 ' 
 
 DEBTOR AND CEEDITOR, Continued. 
 
 what necessary to affect creditor with knowledge of his agent of a prior 
 unrecorded lien, 33 G. 473. 
 
 wh^n sureties entitled to subrogation to rights of creditor, 33 G. 527. 
 
 principles on which equity proceeds to subject lands to debts, 33 G. 567. 
 
 when court taking charge of railroad will pay debts for services and ma- 
 terials in preference to bondholders. How such debts paid, 33 G. 624. 
 
 when, in such case, execution creditors paid in preference to bondholders, 
 and how paid, 33 G. 645. 
 
 land subjected to pay money borrowed to pay for it, in preference to chil- 
 dren to whom it is given by a marriage settlement, 33 G. 651. 
 
 receiver appointed to collect bonds for purchase money of land sold by 
 court is not a creditor whom surety may notify to sue, 33 G. 705. 
 
 principles governing court of equity which has taken charge of railroad 
 company in adjusting rights of creditors, &c., 33 G. 624. 
 
 parties having decrees against debtor who becomes bankrupt may sue 
 representatives of his surety to subject latter's land, 33 G. 548. 
 
 error to decree sale of lands of surety until full enquiry made as to 
 whether principal has not land primarily liable, 33 G. 548. 
 DECEDENTS' ESTATES ; see Adndnistration ; Personal Bepresentative. 
 
 advancements to children not brought into hotchpot for benefit of widow, 
 
 12 G. 33. 
 
 life estate given widow in lieu of dower not subject to husband's debts, 12 
 
 G. 628. 
 real estate of emancipated slave descends to her brother and sister, when, 
 
 13 G. 219. 
 
 when interest of deceased children decreed to other children, 14 G. 369. 
 
 interest of grantor in deed of trust who dies before sale. How it passes, 
 17 G. 289. 
 
 debt of, held fiduciary and not barred by act of limitations, 33 G. 256. 
 DECEIT. / 
 
 when action of, taken out of statute of limitations, 4 L, 474. 
 
 what count in declaration in action of, faulty, 6 L. 440. 
 
 proper measure of damages in case for, in sale of slave, 6 L. 440. 
 
 when assignee transferring usurious bond guilty of, 17 G. 11. 
 DECLARATION ; see Assumpsit ; Breach ; Case ; Covenant ; Debt ; Detinue ; 
 I^ectment; Pleading ; Slander ; Trespass; Trover; Unlawful Entry and De- 
 tainer. 
 
 obligor's residence need not be stated in, though stated in bond, 1 W. 72. 
 
 must lay cause of action within jurisdi<;tion of court, 1 "W. 81, 87. 
 
 when, on bill of exchange for sterling money erroneous, 1 W. 115. 
 
 not showing plaintiff's claim is bad. Verdict does not cure, 1 W. 135. 
 
 if lays assumpsit to executor and he faU, he must pay costs, 1 W. 138. 
 
 cases of variance in, not material and cured by verdict, 1 "W. 204, 273,357; 
 1 a 123, 250. 
 
 when not multifarious, 1 W. 217. 
 
 consideration of bond need not be stated in, 1 W. 257. ' 
 
 when want of, not error, 1 W. 303. 
 
152 DECLARATION. 
 
 DECLARATION, Continued. ^ 
 
 against sheriff for money received by deputy should state it was offi- 
 cially received, 2 W. 172. ^ 
 
 in assumpsit, omitting to aver promise to pay, is had after verdict, 2 W. 
 187. 
 
 what damages should be stated in, in trover. What need not be stated, 
 2 W. 192. 
 
 in, in detinue price of thing to be recovered must be stated, 2 W. 192. 
 
 when if, state assignment of bond was for value received, there is no va- 
 riance, 1 C. 123. 
 
 omission in, of averment of gist of action not cured by act of jeofaiU, 1 C. 83. 
 
 if facts necessary to gist of action are not stated in, it is fatal ; otherwise 
 if only stated imperfectly, 1 C. 250 ; 3 E. 94. 
 
 if, state biU was for current money, only current money can be recovered, 
 1 C. 394. 
 
 when omission in, to state failure to pay interest cured by verdict, 1 C. 567. 
 
 need not be according to the letter of an award, 1 C. 575. 
 
 when under act of 1755 factor's name must be stated in, 3 C. 16. 
 
 in assumpsit should aver promise directly, not by way of inference, 2 C. 
 39, 374. 
 
 if one count held bad on demurrer, further proceedings should be had on 
 the others, 2 C. 39, 374. 
 
 judgment not given for interest if, does not demand it, 2 C. 212 ; 4 C; 224. 
 
 what an insufficient averipent in a, against an executor, 2 C. 258. 
 
 office judgment ori, blank as to sums is bad, 2 C. 495. 
 
 if, is bad defendant should demur, or move in arrest of judgment, 2 C. 530. 
 
 what the, in an action for malicious prosecution must state, 3 C. 346 ; 2 
 M. 10 ; Gil. 9. 
 
 if month is blank in, but award recite it, it is not a variance, 3 C. 309. 
 
 against three of four obligors on a joint and several bond bad, when, 3 
 C. 378. 
 
 may be amended after atrial and a juror withdrawn, 3 0. 522. 
 
 after confession of judgment want of, is not error, 4 C. 99. 
 
 in transitory actions day need notbe precisely laid in, 4 C. 225. 
 
 may be amended during trial, but defendant may plead anew and have a 
 continuance, 4 C. 225. 
 
 plaintiff may file new, if, after issue, defendant move cause to superior 
 court, 4 C. 230. 
 
 when, charging tori with an assumpsit upon it, good after verdict, 4 C. 451. 
 
 what necessary in, against assignor of a bond. What unnecessary, 4C.492. 
 
 when, amended on trial of issue of nxd tiel record, 5 C 529. 
 
 what, in suit on a charter party must show, 6 C. 71 . 
 
 defendant may plead and demur to the whole, 6 C. 71. 
 
 what, good after verdict, in suit by heir for breach of covenant in deed to 
 ancestor, 1 H. & M. 303. 
 
 when, if any count be good a general demurrer overruled, 1 H. & M. 361 ; 
 8 L. 50, 
 
DECLARATION. 153 
 
 DECLARATION, Continued. 
 against partners alleging a binding by one only, is insufficient, 1 H. & MA23. 
 assignee of' bond must set forth assignment in ; he cannot sue as obligee, 3 
 
 H. & M. 219. 
 should state survivorsljip, in action against one of two joint obligors, 2 M. 
 
 49. 
 when judgment against a company for failure of person not named in writ 
 
 or, to appear, bad, 2 M. 349. 
 what not a variance between bond and, as to name of obligee, 2 M. 510. 
 if damages left blank in, it is unimportant. If gist of action blank, it is 
 
 fatal, 3 M. 115. / 
 
 judgment not reversed because time of marriage blank in, when, 3 M. 219. 
 what a sufficient statement of breach of contract in this, 8 M. 159. 
 count good after verdict though sum blank in it, when, 3 M. 550. 
 what, in suit against clerk for endorsing credits on an execution should 
 
 state, 4 M. 73. 
 if breach of administration bond be not stated in, or other part of record, 
 
 judgment on it is error, 4 M. 494. 
 by assignee of note is defective unless it state failure to pay to drawee and 
 
 plaintiff, 4 M. 496. 
 when if writ served on one partner only, and declaration shows plaintiff 
 
 knew names of both, judgment will be reversed, 5 M. 550. 
 place laid under mdelicet as vfithin jurisdiction of court not traversable, 5 
 
 M. 110. 
 in behalf of company by firm name, not giving name of partner, good af- 
 ter verdict, 4 M. 430 ; 4 H. & M 200 ; 6 M. 219. 
 what, against assignor of a bond bad, 6 M. 315. 
 what, against collector of poor rates must state, 6 M. 399. 
 what unneQessary to aver on bond of public officer to governor, 6 M. 401. 
 what a defective assignment of breach of a sheriff's bond, 6 M. 573. 
 if, allege performance of condition precedent after day for its performance, 
 
 it is bad, 3 R. 68. 
 what, in action on attachment bond must show, 4 R. 158. 
 averment of breach of condition of bond entitles plaintiff to recover what 
 
 is right, 4 R. 317. 
 failure to allege performance of a condition precedent is cured by verdict, 
 
 4 R. 346. 
 what matters not alleged in, presumed to have been proved. What not, 4 
 
 R. 346. 
 when, with counts against administrator as such, and individually, bad, 5 
 
 R. 437. 
 what, for wrongful distress for rent should set forth, 2 L. 447. 
 in suit by corporation, need not show how it was incorporated! 5 L. 471, 
 when necessary, and when not, to aver and prove presentation and demand 
 
 of payment of note at Farmers' Bank of Virginia, 5 L. 522. 
 when if defective, cause remanded for correct proceedings, 7 L. 175. 
 general demurrer to, overruled if one count be good, 8 L. 50. 
 what a sufficient, in suit against officer for partiality in holding an election, 
 
 8 L. 479. 
 
 20 
 
154 DECLAEATION. 
 
 DECLAEATION, Continued. 
 should only show enoiigh of award to sustain demand, 8 L. 608. 
 for a legacy must be against executor individually, 9 L. 357. 
 on an indemnifying bond sustained, 1 G. 274 ; see 5 M. 32. 
 what, on acknoVledgment of indebtedness in a dged, sufficient, 3 G. 294. 
 what no variance between, and indemnifying bond sued on, 5 G. 135. 
 demurrer to, sustained, but leave to amend given, 5 G. 179. 
 what a sufficient allegation that reversion is in plaintiffs, in suit by hus- 
 band and wife for waste, 5 G. 499. 
 what proper to charge in, in tresjjass quare clausum /regit, 6 G. 144. 
 under what allegation in, plaintiff may recover from partner partnership 
 
 property sold by him, 6 G. 197. 
 in slander, if words charged do not amount to slander they are not helped 
 
 by innuendo, 6 G. 534. 
 what question raised by a demurrer to whole ; demurrer overruled, 6 G. 
 
 130, 354. 
 on demurrer to, for misjoinder of action the objection goes to the whole, 6 
 
 G. 130. 
 when demurrer to, not sustained, hut' defendant left to plea of " no award," 
 
 8 G. 79. 
 instrument sealed by all but one party may be declared on against all as 
 
 a joint promise, 8 G. 63. 
 what need not be alleged in case on warranty of soundness of a personal 
 
 chattel, 8 G. 442. 
 what sufficient assignment of breach in, on constable's bond, 9 G. 13. 
 what variance as to costs no ground for demurrer to, on an appeal bond, 9 
 
 G. 37. 
 what vendor must allege in, against vendee for purchase money, there be- 
 ing dependent covenants, 9 G. 154. 
 what allegations and parties necessary in, on a joint bond, 9 G. 474. 
 with what count a general indebitatus assumpsit may be joined, 9 G. 183. 
 what vendor must aver if balance due on contract was to be paid when 
 
 ^purchaser performed a certain act, 9 G. 183. 
 demurrer to, sustained and cause sent back with leave to amend, 9 G. 474. 
 what accidental omission of amount of note in, no ground for demurrer, 9 
 
 G. 622. 
 how plaintiff should declare in suit to recover back money paid on a re- 
 scinded contract, or when consideration has wholly failed, 10 G. 1. 
 count in trespass may be joined with counts in case, when, 16 G. 64; 29 G. 
 
 193, 
 setting out condition precedent in language of condition is sufficient, 16 
 
 G. 295. 
 what statement in, does not prevent a count being in tort, 16 G. 393. 
 • what proper statement of contract and breach in, 18 G. 323, 
 in ejectment defective for uncertainty, 14 G. 526. 
 what not a variance, between, and note. How variance taken advantage 
 
 of, 14 G. 1. 
 what not a misjoinder of plaintiffs, 17 G. 490. 
 
DECLAKATION— DECREE. 155 
 
 DECLARATION, Continued. 
 what need not be set out in, in assumpsit for cost of building a jail, 23 G. 
 
 302. 
 debt cannot be maintained on bond payable in instalments until all are 
 
 due, 22 G. 643. 
 what a sufficient description of land in, in ejectment, 24 G. 512. 
 what averments necessary in, in slander, 25 G. 343. 
 what words not sufiicient to maintain, in slander, 25 G. 495. 
 when may be amended. When not, 25 G. 495. 
 
 what, sufficient in suit by commissioner on bond executed to him, 27 G. 182. 
 for damages against railroad company for killing a person, need not aver 
 
 for whose benefit suit brought, 29 G. 431, 570 ; 32 G. 394. 
 when not necessary to aver " demand " in, against sheriff and his sureties, 
 
 30 G. 1. 
 what counts in, defective, in suit against sheriff, &c., for failure to pay over 
 
 money, 30 G. 1. 
 what, should state in suit against railroad company for negligence, 30 6. 
 
 805. 
 what need not be alleged in Such action, 30 G. 805. 
 w>hen judgment reversed because count in, on a bill of exchange faulty, 1 
 
 P. & H. 206. 
 in debt on bond, by administrator of assignee of obligee^ against adminis- 
 trator of obligor, held defective, 2 P. & H. 424. 
 what, in assumpsit on ueW promise to pay debt discharged in bankruptcy, 
 
 good, 2 P. & PI. 616. 
 when, would be good without averment of a scienter; that averment is 
 
 treated as surplusage, 32 G. 518. 
 under count in, averring a warranty, an express or implied warranty may 
 
 be proved, 32 G. 518. 
 in case, alleging a trespass at common law is good, 33 G. 136. 
 what a sufficient averment of relation of master and servant in, by fathe'' 
 
 for seduction of daughter, 33 G. 722. 
 DECLARATIONS; see jldmissjoji,- Confession; OriminalJurisdiction and Pro- 
 
 DECREE; see Eqvity ; Interhcuiory Decree ; Judgment. 
 
 1. In General. 
 
 2. Inteklocctoey. 
 
 3. Pinal. 
 1. In General: 
 
 not set aside for error not affecting appellant, 1 P. & H. 277. 
 when, in favor of .committee of lunatic against sureties of former com- 
 mittee, evidence in suit by sureties for subrogation, 1 P. & H. 121. 
 perpetuating an injunction, 1 W. 1, 
 
 of sale when only part of mortgage debt due, rights of purchaser, 1 W. 125 
 may be against plaintiff for balance, on bill for an account, 1 W. 128. 
 qusere, if appeal lies from, dissolving an injunction with costs, 2 W. 200, 
 when, between co-defendants improper, 2 C. 190; 3 L. 492; 8 G. 60. 
 of Court of Appeals cannot be altered by a court of chancery, 2 C, 376. 
 
156 DECREE. 
 
 DECREE, In Geneeal, Continued. 
 made at one term of Court of Appeals may be set aside at a subsequent 
 
 term, 3 C. 123 
 if judges of Court of Appeals equally divided as to part of a, that part ia 
 
 affirmed, 3 C. 122; 5 C. 107. 
 erroneous entry may be corrected on motion at next term of court, 1 H. & 
 
 M. 204. 
 need not state that preliminary steps towards maturing cause were taken, 
 
 4 H. & M. 242. 
 
 of preceding term, against a defendant then dead, set aside, 4 H. & M. 439. 
 against devisees holding by distinct devises sho^ld not be joint, but pro 
 
 rata, 1 M 437. , 
 
 error to injury of appellee corrected, though he did not appeal, 1 M. 460. 
 directing vendee to make mortgage, construed to require vendor first to 
 
 give vendee title, 3 M. 243. 
 when stile of slaves set aside and slaves subject to a former, 4 M. 97. 
 when executor may file bill against legatees for contribution to satisfy 
 
 decree against him, 4 M. 219. 
 Court of Appeals being equally divided, is affirmed without prejudice to 
 
 legal remedies, 4 M. 60. 
 good if substantially for plaintiff, though nominally between defendants, 
 
 5 M. 187. 
 
 should not be reversed for uncertainty as to matters merely interlocutory, 
 5 M. 442. 
 
 elerk's statement not relied on if contrary inferred from the, 5 M. 467. 
 
 when, may direct executors to pay legacy out of assets, or from their own 
 estates, 6 M. 157. 
 
 when, against executor for a legacy bad, 2 M. 303; 4 M. 77 ; 6 M. 157. 
 
 when, in previous suit a conclusive bar to second suit, 32 G. 92, 185. 
 
 when, between co-defendants proper, 6 M. 316 ; 3 L. 492 ; 28 G. 850. 
 
 if answer deny bill and be not impugned by exhibits, bill should be dis- 
 missed, 6 M. 430. 
 
 what statement in, as to hearing, will exclude depositions contained in 
 the record, 6 M. 430. 
 
 gnasre, whether, for sale of mortgaged property should order proceeds paid 
 to plaintiff before sale is confirmed, 6 M. 684. 
 
 what, should be against purchaser of land charged with an annuity, 6 M. 
 520. 
 
 what, of sale of mortgaged lands and slaves should provide as to pur- 
 chasers of former, 6 M. 520. 
 
 against executor to pay at fixed future periods, erroneous as to funds not 
 in hand, 2 E. 409. 
 
 what, may be in suit against representative of sheriff and deputy, 3 E. 
 494. 
 
 If there are two decrees on same day against defendant's land, the whol^ 
 of it should be sold, 6 R. 618. 
 
 not reversed as to defendant not appealing, though court had no jurisdic- 
 tion as to him, 2 L. 84. 
 
DECKEE. 157 
 
 DECREE, In General, Oonlinued. 
 
 bilf dismissed as to both defetidants, though only one appealed, 2 L. 401. 
 when garnishee can only contest*so much of, as affects himself, 2 L. 512. 
 cannot be made on matter appearing in answer only, 5 L. 132. 
 when slave sold under, in injunction suit to prevent sale under executions, 
 
 4 G. 93. 
 against infant heirs should give them a day to show cause against it after 
 
 they come of age, when, 5 L. 119. 
 if answer call for proof of assignment, should not be made for assignees 
 
 without such proof, 6 L, 196. 
 cannot be made against defendant if pleading show no case against him, 
 
 6 L. 399. 
 
 made at former term cannot be set aside because it decided matters coram 
 
 ntnjudice, 6 L, 399. 
 is a mere nullity as to party not named in bill, when, 7 L. 224, 
 when if, reversed for want of proof cause is remanded for further evidence, 
 
 7 L. 271. 
 
 reversed where causes improperly consolidated, 7 L. 331. 
 
 relief against, barred by neglect. Proceedings on, obtained by surprise 
 enjoined, 8 L. 114. 
 
 relief given against mistake in, entered by mistake, 8 L. 316. 
 
 allowing administrator credit for debts paid by him, construed, 9 L. 571. 
 
 when plaintiff should have a, without waiting for accounts between defen- 
 dants, 10 L. 228. 
 
 cestui que Irutt not bound by, if not a party to the suit, 10 L, 5 ; 1 G. 416. 
 
 it is error to, in favor of a person not a party, 1 G. 4. 
 
 selling land to satisfy arrears of an annuity without noticing pendente lite 
 purchaser, 5 G. 259. 
 
 1 E. C ch. 104 §63 applies to creditors by, as well as by judgment, 1 G.229. 
 
 against executor will be enforced in a distinct suit against hifi sureties, 2 
 G.73. 
 
 what, against absent defendant no lien on real estate of home defendant, 
 1G.364. 
 
 is a lien on equity of redemption of mortgaged land, 1 G. 364. 
 
 when there can be a personal, against an absent defendant. When not, 11 
 G. 610. 
 
 it is error to, on commissioner's report which has not been returned thirty 
 days, 4 G. 87. 
 
 effect of, against absent debtor. When 'prima fade evidence, 3 G. 94. 
 
 reversing cause for one error concludes all other Questions, 5 G. 28. 
 
 when, of partition evidence vfithout producing whole record, 5 G. 157. 
 
 when, directing marshal to convey land not competent evidence of his au- 
 thority. 5 G. 168. 
 • there cannot be a, between defendants unless there is one for plaintiff, 23 
 G. 383. 
 
 equal division of Court of Appeals settles principles in, of lower court, 5 
 G, 259. 
 
 how, against a dead defendant can, and cannot, be impeached, 6 G. 107. 
 
158 DECREE. 
 
 DECREE, In General, Continued. 
 when, in suit by foreign attachment, cannot be questioned in another suit 
 
 brought to enforce it, 6 G. 119. 
 is a lien on debtor's land and may be enforced in equity, though not revived 
 
 against debtor's administrator, 6 G. 119. 
 against executor for sale of land for payment of testator's debts, does not 
 
 bind devisees, 6 G. 320. 
 effect of, against administrator d. b. n. of heir of an executor, in suit by 
 
 legatees against him, 7 G. 264. 
 ■what necessary before, for sale of land to satisfy judgments, 28 G. 815. 
 marriage settlement unrecorded, but afiSrmed by a, valid against husband's 
 
 creditors, 7 G. 317. 
 when owner of legal title of land should be made a party before, of sale, 
 
 28 G. 815. 
 what, conclusive against administrator and creditors of husband. It is 
 
 not necessary to record a, 7 G. 317. 
 principles as to rehearing, 28 G. 646. 
 judgment creditor concluded by, in case in which he is a party, though 
 
 suing to enforce a prior lieu, 8 G. 179. 
 when, does not conclude question not necessarily decided, 9 G. 454. 
 when, in detinue by trustee, decree in suit between debtor and creditor 
 
 conclusive as to payment of debt secured, 10 G. 560. 
 selling infant's land under the value of ?300, is conclusive against infant, 
 
 10 G. 594. 
 when error to, sale.of land if creditor in deed of trust not party to suit, 
 
 28 G. 646. 
 against absent defendant set aside for fraud in suit against heirs of party 
 
 obtaining it, 11 G. 615. 
 equity can only decree on the case made by the pleadings, 3 G. 494. 
 certified copy of, is evidence instead of original, 5 G. 157. 
 objection that, was not recorded, cannot be first made in appellate court, 
 
 5 G. 157. 
 when court will, against one defendant without waiting to fix equities be- 
 tween him and a co-defendant, 22 G. 614. 
 when clerk cannot issue execution on a, without an order from the court 
 
 or judge, 6 G. 451. 
 on appeal by one from a joint, it will be reversed as to all, 8 G. 349 ; 10 G. 
 
 246. 
 when error to make joint, in favor of wards, one being an infant, 9 G. 372. 
 may be corrected on an admission in the bill and affirmed, 9 G. 704. 
 to what errors in, consent extends, 10 G. 164. 
 when acquiescence in, concludes party. When appeal brings up whole 
 
 case, 22 G. 1. 
 what questions concluded by, of Court of Appeals, 22 G. 1, 649. 
 when, is voidable only and cannot be collaterally impeached, 22 G. 378. 
 when, in partition suit conclusive, unless impeached for fraud or surprise, 
 
 22 G. 493. 
 when error to make a personal, against an executor, 23 G. 816. 
 
DECREE. 159 
 
 DECREE, In Genekal, Continued. 
 
 when ward and sureties of guardian not bound by, 26 G. 248. 
 
 when, obligatory on all courts; 26 G. 705, 729. 
 
 when, of Special Court of Appeals concludes all previous proceedings, 26 
 G. 36. 
 
 what, of county court cannot be questioned in a collateral proceedings, 26 
 G. 891. 
 
 when appellate court may amend and affirm a, 26 G. 549. 
 
 when and how, failing to show on what cause Was heard, corrected, 25 G. 
 553. 
 
 held void as to cestuis que trust, 27 G. 388. 
 
 when, is reversed for want of parties, both parties can amend pleadings, 
 25 G. 838. 
 
 what, of Court of Appeals concludes further enquiry as to acts of an ex- 
 ecutor. What it does not conclude, 27 G. 761. 
 
 when, may be joint against administrator of an executor and his sureties, 
 27 G. 42. 
 
 what a, settling principles in cause from which an appeal lies, 28 G. 609. 
 
 sale under, not set aside though made prior to account of debts, 27 G. 479- 
 
 as to sale of infant's lands cannot be questioned in a collateral proceeding, 
 31 G. 491. 
 
 when a, should be reheard, 31 G. '''91. 
 
 what, should be if land devised is subject to testator's debts, 27 G. 789. 
 
 when, of court of another State, for conveyance of land in Virginia, not 
 enforced after lapse of thirtj' years, 2 P. & H. 255. 
 
 when a personal, may be taken against administrator for a legacy, 29 G. 322. 
 
 when error in Virginia court to enter a joint, against heirs and distributees 
 whose liabilities are governed by law of Louisiana, 2 P. & H. 664. 
 
 upon a, for default , there may be a bill of review or petition for a rehear- 
 ing, 27 G. 291. 
 
 defendant wishing to contest, dismissing biU must file a cross bill, 2 P. & 
 H. 110. 
 
 sale of land made under erroneous, passes title, when, 13 G. 152. 
 
 erroneous, cannot be questioned in collateral proceeding. How far con- 
 clusive, 13 G. 152. 
 
 when erroneous, against executor cannot be questioned in suit on his bond. 
 Effect of, 13 G. 257. 
 
 effect of decree of sale of land between purchaser and third party, in a col- 
 lateral proceeding, 14 G. 526. 
 
 when heirs of party who dies not concluded by, 13 G. 1. 
 
 dismissing bill generally, conclusive on all parties on all issues made up in 
 the cause, 13 G. 183. 
 
 when, binding on child bom after suit brought, who is not a party, 13 G. 
 152. 
 
 when childreB of remaindermen bound by, 18 G. 651. 
 
 not conclusive as to matter not in issue, 14 G. 48. 
 
 removing trustee, made in District of Columbia, not operative in Virginia, 
 18 G. 624. 
 
160 DECEEE, 
 
 DECEEE, In General, Continued. 
 when in former suit not binding in another, 12 G. 317. 
 when error to, sale of land for payment of a debt, 6 G. 40. 
 what a, to enforce a vendor's lien should direct, 6 G. 44. 
 proper, to enforce trusts if trustees refuse to act, 6 0. 174. 
 when sale of land decreed on bill charging usury, though usury not proved, 
 
 9G. 8. 
 when error to, rescission of a contract, 10 G. 246. 
 
 when, of partition made, though plaintiff fail to prove his claim, 11 G. 327. 
 when, against administrator of an administrator affirmed, though irregu- 
 lar, 4 G. 293. 
 reversed and purchase money ordered paid defendant, plaintiff failing to 
 
 prove itself a corporation, 9 G. 109. 
 how money paid on, which is afterwards reversed, recovered back, 5 G. 272. 
 when error to, sale of land without an account of liens, 28 G. 646. 
 when omission to refer in a, to depositions is a clerical mistake, 22 G. 146. 
 what, for sale of land sufficiently certain, 28 G. 850. 
 lien of, only extended to one-half of property sold under it, 33 G. 473. 
 left in clerk's office is not duly docketed unless actually put on docket, 33 
 
 G. 473. 
 when, not reversed for want of proper parties, 33 G. 651. 
 statute of limitations ceases to run against debts from time of, for accounts, 
 
 33 G. 548. 
 error to, sale of infants' lands without an answer filed by guardian ad litem, 
 
 33 G. 548. 
 error to, sale of lands of surety, before full enquiry as to whether principal 
 
 had not land primarily liable, 33 G. 548. 
 2. Interlocutory: 
 what not an, 2 W. 200. 
 
 judge in vacation cannot grant appeal from, 2 H. & M. 12, 557, 595. 
 not corrected by a bill qf review, but by motion or petition, 2 H. & M. 20. 
 decree foreclosing mortgage is an, 2 H. & M. 557, 595; 1 Eob. 20. 
 order reinstating injunction not an, from which appeal allowed, 2 H. &M. 
 
 615. 
 power of court to grant appeal from, may be exercised at subsequent terra, 
 
 3 H. & M. 259. ■ 
 when Court of Appeals will direct proper parties made on appeal from, 1 
 
 M. 119. 
 decree directing executor to sell lands to pay debts is an, 2 M. 42. 
 Court of Appeals cannot grant an appeal from, 2 M. 310. 
 gusere, is this a final or an, 6 M. 328. 
 opened by chancellor on affidavit of discovery of important matter, 1 E. 
 
 121. 
 
 decree of chancery court affirming decree of county court is an, 1 E. 415. 
 when decree final as to one defendant but an, as to other parties, 1 E. 421. 
 when defendant complying with, not compelled to give af^e&i bond, 6 L. 
 
 O7o, 
 
 giving interest on interest, not reversed if debt is greater than amount de- 
 creed, 9 L. 484. 
 
DECKEE— DEDICATION. 161 
 
 DECREE, INTEBLOCUTOEY, Continiced. 
 
 act March, 1826, as to introducing new evidence after entry of, construed, 
 12 L. 1. . 
 
 what an, in a suit for settlement of partnership, 1 Rob. 20. 
 
 effect of affirmation of, by Court of Appeals, 4 H. & M. 433. 
 
 directing sale of lauds, without first deciding as to validity of liens, is 
 erroneous, 6 R. 644. 
 
 for sale of lands need not require bond from plaintiff to perform future or- 
 ders of the court, 1 P. & H. 94. 
 
 appeal does not lie from, of High Court of Chancery, 1 C. 54, 55. 
 
 no appeal lay from Court of Admiralty on an, 4 C. 127. 
 
 what is an, 3 H. & M. 136 ; 1 M, 339 ; 2 M. 523 ; 4 M. 382 ; 31 G. 291, 791 ; 
 32 6. 367. 
 
 cannot be in part final and part interlocutory, when, 32 G. 367. 
 
 in this case final as to manumission but not as to profits, 4 L. 163. 
 
 when court will order account of transactions subsequent to a conditional, 
 
 1 G. 407. 
 
 will not be reversed for informalities. What done, 5 G. 345. 
 
 what court will do if, confirms generally a, report containing alternate 
 
 statements, 3 G. 315. 
 when will direct account of rents and profits of testator's land, 3 G. 313. 
 when execution on, ordered. How execution stopped, 6 G. 451. 
 appeal does not lie from, sustaining exceptions to answer for insufficiency. 
 
 2 P. & H. 8. 
 
 when deposition taken after an, evidence. "When not, 33 G. 730. 
 
 ordering sale on credit corrected, deed of trust directing a sale for cash, 33 
 G. 685. 
 
 statute of limitations ceases to run against debts from the time of a de- 
 cree for accounts, 33 G. 548. 
 3. Final: 
 
 directing partition is not final and cannot be appealed from, U W. 300. 
 
 when and how a, by default set aside at a subsequent term, 6 M. 267. 
 
 cannot be in part final and part interlocutory, when, 32 G. 367. 
 
 what is a final, 1 L. 108 ; 6 L. 196 ; 3 G. 142, 129 ; 8 G. 292 ; 27 G. 417. 
 
 in this case final as to manumission but not as to profits, 4 L. 163. 
 
 held final, though with reservation that plaintiff may resort to court for a 
 further, 4 L. 209. 
 
 held not final, nor does statute of limitations apply to it, 10 L. 587. 
 
 what is not a final, 10 L. 587, 628 ; 22 G. 769 ; 31 G. 291. 
 
 case in which there has been a final, not a pending suit under Code 1849, 
 pp. 101. 800, 7 G. 374. 
 
 what does not render, final in its terms, an interlocutory, 2 P. & H. 369. 
 
 made after a final, is erroneous. When such a decree is set aside, 2 P. & 
 H. 369. 
 
 until what time not proper to mak,e, against surety of a guardian, 3 G. 342. 
 
 when deposition returned before final, may be read. When not, 33 G. 730. 
 DEDICATION ; »ee Oarporatim ; Highway ; Boad. 
 
 21 
 
162 DEED. 
 
 DEED ; see Covenant ; Deed of Trust ; Escrow ; Evidence ; Fraudulent Con- 
 veyance ; Homestead; Marriage; Mortgage; Possession; Begistry ; Taxes; 
 Trust; Warranty. 
 
 1. In General. 
 
 2. Execution. 
 
 3. constbitction. 
 
 4. Validity. 
 
 5. Eecoeding. 
 1. In Genbeal : 
 
 when parol evidence admitted to contradict, 1 W. 14. 
 
 destroyed by fraud will be restored in equity, 1 W. 274. 
 
 if delivered as an escrow it should be so stated,' 2 W. 58. 
 
 witnesses attesting delivery of, not allowed to disprove it, 2 W. 58. 
 
 copy of unrecorded, certified by clerk, inadmissible in evidence, 1 C. 117. • 
 
 copy of, duly proven admissible, if party refuse to produce original, 1 C. 117. 
 
 when grantor cannot object to his own possession for twenty years, against 
 
 his, made within that period, 3 C. 36?, 
 of indemnity not evidence agairiist a settled account, 4 C. 38. 
 quxre, is attested copy of a recorded, evidence without affidavit of loss of 
 
 original, 5 C. 279. 
 party in Virginia may be decreed to make, of lands in another State, or to 
 
 cancel a fraudulent deed of said lands, 1 H. & M. 5. 
 when parol evidence admissible, for jury to presume against a, that grantee 
 
 has relinquished or reoonveyed, 1 H. & M. 54. 
 possession by grantor of personal property is ynmo/acie evidence of fraud, 
 
 7 G. 185. 
 of collector is not prima facie evidence of regularity of his proceedings, 5 
 
 G. 120. 
 recitals not evidence against third persons claiming against it, 6 G. 277 ; 
 
 9 G. 194. 
 what party offeriug in evidence deed of commissioner made under a de- 
 cree of court, must ofTer with it, 8 G. 6. 
 when, evidence in ejectment though defective, 10 G. 421. 
 when, cannot be questioned by parol proof, 10 G. 421. 
 when court will presume a conveyance of property, 10 G. 184. 
 , what party claiming under, of deputy sheriff must show, 11 G. 516. 
 when defendant may show, was not his, without making oath to the fact, 
 
 11 G. 527. 
 what courts may take acknowledgment of feme covert, 14 G. 501. 
 what certificate of acknowledgment oi femecmert must show. When it is 
 
 fatally defective, 14 G. 501. 
 how, made in consideration of future support treated, in suit by grantor's 
 
 creditors, 26 G. 926. 
 perfect on its face cannot be delivered to grantee as an escrow, 27 G. 403. 
 parol evidence inadmissible to prove that, perfect on its face, was deliv- 
 ered op condition, when, 27 G. 403. 
 between co-parceners deeds of partition of land are not necessary, 2 P. & 
 
 H. 189. 
 
DEED. 163 
 
 DEED, In Geneeal, Continued. 
 
 legal title of grantee is not divested by return of, to be cancelled, 2 P. & 
 H. 339. 
 
 vendor executing, and taking bond for purchase money, discharges land 
 from equita,ble lien, 5 M 297. 
 
 when equity decreeing a, should reserve lien for purchase money, 5 M. 
 342. 
 
 when vendee not bound to pay for land until tender of, 6 M. 170. 
 
 court decreeing partition to owner of equitable title should direct a, of 
 legal title to him, 6 M. 534. 
 ' how, of lands sold for non-payment of taxes under act Feb., 1814, should be 
 made, 7 L. 22. 
 
 what deemed an acceptance by vendee of a, 8 L. 658, 
 
 mistake of description in, corrected on bill filed by vendee, 9 L. 556. 
 
 parol agreement as to boundaries has no effect on, conveying land, 5 Gr. 
 141. 
 
 when, of forfeited land conveys all the title of commonwealth under sev- 
 eral titles, 10 G. 445. 
 
 what commission to take privy examination need not state. Presumed 
 correctly issued, 2 W. 156. 
 
 when party may elect to claim under a will or under a, 3 L. 389. 
 
 when a, of land presumed from long continued possession, 33 G. 429. 
 
 certified copy of, improperly admitted to record is not evidence, 33 G. 429. 
 
 presumed delivered at its date. How delivery established, 33 G. 489. 
 2. Execution: 
 
 a scroll used as a seal is good, 1 "W. 42. 
 
 may be proved by one witness, if subscribing witness absent or dead, 1 W. 
 319. 
 
 witnesses to, need not subscribe their names, 1 W, 319. 
 
 scroll does not alone make instrument a, 1 M. 487 ; see 4 G. 283. 
 
 no form of words necessary in signature by an attorney in fact, 4 H. & M. 
 184. 
 
 of thirty years' standing is proved by bare production, when^ 2 M. 129. 
 
 of feme covert must be executed by husband also, 3 R. 468. 
 
 when certificates of magistrates of other States evidence of executipn of, 3 
 E. 468. 
 
 as to authority of aldermen of Eichmond to take privy examination, 2 L. 
 617. 
 
 certificate of acknowledgment by justice is not conclusive evidence that 
 execution of, is complete, 2 G. 394. 
 
 whether acknowledgment is a complete exeeutiom of a., which grantor re- 
 tains in his possession, is a question of intention, 2 G. 394. 
 
 when presumption amounting to full proof arises that person was author- 
 ized to execute, 3 G. 278. 
 
 when instrument with scroll attached, but not mefltioned in it, is a, 4 G. 
 283; see IM. 487. 
 
 what must be proved to admit old, in evidence, without proof of its exe- 
 cution, 5 G. ilQ. 
 
164 DEED. 
 
 DEED, Execution, Continued. 
 ■what a sufficient execution of a, by an attorney in fact, 5 G. 110. 
 of husband and wife executed by attorney in fact is good as to him, but 
 
 void as to her, 5 Gr. 110. 
 cleric's certificate that, was acknowledged in court by husband and wife is 
 
 not sufficient to malie it hers, 5 G. 414. 
 properly authenticated for record is admissible in evidence without proof 
 
 of execution, 9 G. 115. 
 acknowledgment of, in another State must be before two j ustices, not before 
 
 court, 3 L. 186. 
 husband not competent witness to, conveying land to his wife, 11 G. 321. 
 when by act of 1814, must be proven in open court, 5 E. 426. 
 when properly acknowledged by non-resident under act 1792, 8 G.'6. 
 what acknowledgment is a re-execution and re-delivery of a, 4 L. 550. 
 takes effect from its delivery. Presumed delivered at its date, 33 G. 497. 
 
 3. CONSTKUCTION : 
 
 though absolute on its face held to be a mortgage, 1 W. 125. 
 operating under statute of uses only passes grantor's interest, 1 W. 381. 
 beginning "This Indenture" is a deed indented, 2 W. 58, 
 words " more' or less " do not cover deficiency, if land bought by the tract, 
 
 1 C. 301. 
 when parol evidence admitted to prove meaning of parties in a, 2 C. 5. 
 when party may aver and prove that consideration of, was marriage, 2 
 
 C. 125. 
 when, of wife's land passes estate, though no consideration expressed, 2 
 
 C. 263. 
 grant of a right of way only conveys a way over the soil, 4 G. 441. 
 when voluntary, cannot be limited by subsequent, to third person, 4 M. 473. 
 when, of bargain and sale and release of land from person not in posses- 
 sion, passes nothing, 6 M. 38. 
 is taken to have been executed on day of its date, unless shown otherwise, 
 
 6 M. 550. 
 for land on nnnavigable stream carries title to middle of stream, 1 E. 417. 
 when, from legatees conveys all their interest, though widow's interest 
 
 misstated in it, 3 E. 361. 
 not naming negroes, sufficient to pass them as soon as identified by evi- 
 dence, 6 R. 735. 
 held to assign debts due donor at its date, but not those due afterwards, 3 
 
 L. 389. 
 of attorney in this case held not deed of principal, 8 L. 158. 
 what a charge upon an estate and not a condition, 10 L. 172. 
 what, of personalty bars wife of grantor from distributable share therein, 
 
 6 G. 594. 
 conveying to high water mark passes soil, &c., to low watermark, 11 G. 136. 
 of lands by commissioner of delinquent lands passes title of common- 
 wealth, though another has adverse possession, 10 G. 445 ; 11 G. 572. 
 ^ what description will pass whole estate, legal and equitable, 3 G. 494. 
 what, held a conveyance of all grantor's lauds in county, 3 G. 148. 
 
DEED. 165 
 
 DEED, CONSTEUCTION, Continued. 
 what, makes grantee personally liable for grantor's debts, 3 G-. 148. 
 of debts due a firm, only conveys balance after allowing certain off-sets to 
 
 said debts, 3 G. 70. 
 of wife made before marriage construed to secure property against credi- 
 tors of husband, 3 G. 330. 
 parol agreement cannot affect boundaries named in the, 5 G. 141. 
 what passes by words " all debts due to grantor," 7 G. 476. 
 what reservation in, too uncertain to withdraw any part of the land from 
 
 operation of the, 9 G. 201. 
 what a, conveying to hu.sband and wife a joint estate in slaves, 10 G. 159. 
 when, if deed fails to carry out parties' intent, creditor left to legal reme- 
 dies, 3 G. 320. 
 whenlegalpresnmptionfrom, is that sheriff had authority to sell, 4 G. 141. 
 what party claiming under, of a collector of the United States must show, 
 
 5 G.'l20. 
 of sheriff for land sold for taxes need not state that it was advertised, 10 
 
 G. 421. 
 when adversary possession of land prevents operation of, by party out of 
 possession. "When not, 3 C. 475 ; 3 M. 536 ; 6 M. 38 ; 11 G. 587 ; 13 G. 
 1, 587 ; 22 G. 378. 
 when, of commissioner to party not in possession of land, is not restricted 
 
 to transfer of right of entry, 13 G. 1. 
 when goods not mentioned specifically pass by a, 13 G. 427. ^^^ 
 
 conveying land forever, habendum for life, passes a life estate only, ,13 G. 653.' 
 how a, doubtful on its face construed, 13 G. 587. 
 a condition in a common law conveyance for the benefit of a stranger to 
 
 the deed is void, 2 P. & H. 357. 
 equity will not enforce as a cAorje, a provision which was vojd as a condition, 
 ^ 2 P. & H. 357. 
 
 what, by husband and wife does not convey wife's interest in personal es- 
 tate, 2 P. & H. 369. 
 comer called for by a, not altered by action of court or commissioner. 
 
 Boundaries ascertained, 10 6. 445. , 
 
 two deeds made at same time considered one, when. How construed, 10 
 
 G. 386. 
 statute, surveyor's report, &c., looked to in ascertaining boundary of land 
 
 ceded to the United States, 11 G. 136. 
 when, passes only a defeasible fee, 22 G. 224. 
 grantees in a conveyance pendente lite need not be made parties to suit, 30 
 
 G. 515. ' 
 
 what deeds considered as of same day Within Code 1873 ch. 182 ?10, and 
 
 subject pro rata to judgment, 33 G. 497 ; see 28 G. 815. 
 deeds in this case construed together, 33 G. 88. 
 
 uniting of wife in, does not vest in grantee any estate separate and distinct 
 from that of husband, but is only a relinquishment of a contingent right, 
 33 G. 278. ' 
 
 party who has covenant against incumbrances, not relieved because of ease- 
 ments never used and which caused no damage, 33 G. 489. 
 
166 DEED. 
 
 DEED, Continued. 
 4. Validity : 
 held valid on testimony of subscribing witnesses, 1 W. 224. 
 is valid between tbe parties, though not recorded, 1 'W;. 319 ; 2 W. 58 ; 4 
 
 E. 208. 
 bargainee can convey land though bargainor remain in possession after 
 
 making his, 3 C. 362. 
 act concerning purchase of pretensed titles does not avoid, 3 C. 475. 
 when, of grantor not having actual or statutory possession, conveys no title, 
 
 3 C. 475; 3 M. 536; 6 M. 38; 11 G. 587; 13 G. 1, 587; 22 G. 378. 
 if heir's title abated he cannot before entry convey it by, of bargain and 
 
 sale, 3 C. 475. 
 of wife made before marriage supported against husband, 3 C. 507. 
 held good, though date inserted by donee after delivery, 1 H. & M. 390. 
 of feme covert to be valid must be executed by husband also, 3 E. 468. 
 of land by two of three executors not valid, 4 H. & M. 444. 
 of husband and wife, without her privy examination, is void as to her, 1 
 
 M. 518. 
 when, by one executor or trustee instead of three, supported as to a pur- 
 chaser for value, 2 M. 129. 
 quxre, as to validity of, for land sold under decree made before sale con- 
 firmed, 2 M. 167. 
 of personal property, vendor retaining possession, is fraudulent per se as to 
 
 creditors, 2 M. 341 ; see 7 G. 185. 
 by executor who retains possession, void as to legatees as well as creditors, 
 
 3M. 1. 
 when, set aside in equity for fraud which may be presumed, 1 M. 557. 
 when, passes title, though a third person in possession of land, 3 M. 536, 
 defective as a feoffment good as a covenant to stand seized, when, 4 M. 473. 
 after such a deed grantor cannot by, to a third person make his own pos-* 
 
 session adverse to grantee, 4 M. 473. 
 by husband of personal property is not a fraud on rights of wife, 5 M. 42. 
 delivery of, to vendor to acknowledge is not a surrender of title, 6 M. 251. 
 not avoided at law on parol evidence of want of consideration, 6 M, 358. 
 executed by wife before marriage, not fraudulent as to husband's creditors, 
 
 6 M. 510. 
 made after marriage, to wife in consideration of relinquishment of dower, 
 
 good, 2 E. 563. 
 when, to indemnify sheriff good or bad, 3 E. 8. 
 reserving power inconsistent with its object, void against crediljors and 
 
 purchasers, 3 E 410. 
 of loan unrecorded, does not affect creditor of loanee in possession, 8 L. 80. 
 when title to land not divested by cancellation of, 10 L. 57. 
 of land by trustee held valid, 10 L. 172. 
 void as to judgment creditors, though executed before judgments, when, 2 
 
 G. 182. 
 when, to woman who afterwards marries, good against donor's creditors, 
 
 2G. 357. 
 
DEED. 167 
 
 DEED, Validity, Continued. 
 of husband and wife executed by attorney in fact is good as to him, but 
 
 void as to her, 5 G. 1 10. 
 power of attorney made by wife is void, 5 G. 110. 
 by debtor to wife and children held void as to creditors, 3 G. 26. 
 when is in fraud of creditors, being on a secret trust. Trust enforced, 3 
 G. 77. 
 . sheriff representing creditors of insolvent may sue to set aside fraudulent, 
 
 7 G. 36. 
 
 held valid as to creditors, though conveying future rents, &c., 8 G. 148. 
 what post nuptial settlement on wife void as to husband's creditors, 8 G- 
 
 148. 
 of land, in place of slaves in donor's possession, void as to creditors, 9 G. 
 
 568. 
 creditor may sue to set aside fraudulent, though debtor and his grantor 
 
 live out of the State, 10 G. 149. 
 which provides for all debts and settles balance on grantor's family is 
 
 good, 11 G. 552. 
 actual fraud must be shown to avoid a, at suit of subsequent creditor, 11 
 
 G. 552. 
 what, passes nothing to grantee. What declarations not admissible to 
 
 show fraud as against grantee. What admissible, 11 G. 752. 
 to secure debts and indemnify suretyships good, without specifying them, 
 
 3 G. 142. 
 made by woman before marriage to secure debt due her daughter by a 
 
 former marriage, held good, 6 G. 332. 
 held fraudulent on its face, though executed to indemnify a bona fide 
 
 surety, 6 G. 444. 
 principles as to capacity to make a will applied to maker of, when, 9 G. 
 
 330. 
 ' from husband to wife, recorded after his death good against his heir, when, 
 
 10 G. 259. 
 when, made shortly before death void for incapacity of grantor. When 
 
 not, 9 G. 330. 
 monomania no way connected with subject of contract will not avoid, 9G. 
 
 704. 
 when sheriff's, good, though it recite' insufficient advertisement of the 
 
 property, 11 G. 516. 
 admitted to record on evidence of witnesses, one of whom was grantee's 
 
 husband, void as to creditors, 11 G. 321. 
 is valid if correctly read to grantor, though he misunderstood it, 11 G. 
 
 527. 
 • second, of same land to same grantee by same grantor as first, is inopera- 
 tive, 6 G. 107. 
 what a valid deed under a power of attorney, 8 G. 241. 
 of commissioner, of land in which parties had no inteiest, passes nothing, 
 
 8 g! 6. 
 
 when, by commissioner of delinquent land, to persons not reported as pur- 
 chasers by him, invalid, 9. G. 194. 
 
168 DEED. 
 
 DEED, Validity, Continued. 
 
 what statement in sh griff's, will not avoid it. When cannot be questioned 
 by parol proof, 10 G. 421. 
 
 of a pretended title to land is not void, 13 6. 489. 
 
 what deed by executors passes title to purchaser, under will in this case, 
 13 G. 587. 
 
 as to deeds fraudulent per se, or otherwise, 26 G. 563. 
 
 what, by wife to or for husband and children invalid, 26 G. 574. 
 
 from husband to wife is void at law but valid in equity, if not fraudulent, 
 26 G. 354. ,^ 
 
 Irom a deaf and dumb man held valid, 27 G. 190. 
 
 as to validity and proof of deeds, 27 G. 608, 676. 
 
 when, not set aside on ground of natural weakness of mind of grantor, in- 
 creased by habits of intoxication, 1 P. & H. 307. 
 
 when fraud or undue influence good ground for setting aside, 1 P. & H, 
 307. 
 
 from court in which proceeding for sale of forfeited laud commenced, 
 passes title, 10 G. 445. 
 
 made under a voidable decree passes title, which is good until decree is 
 reversed, 22 G. 378. 
 
 what will sustain defense of adversary possession against plaintiff claim- 
 ing under a patent, 22 G. 378. 
 
 proper proceedings in suit by donee in a, which has been set aside for 
 fraud, 22 G. 330. 
 
 homestead, executed to hinder and defraud creditors is invalid, 33 G. 153. 
 
 circumstances which will vitiate a homestead deed, 33 G. 153. 
 
 onus is on party taking homestead in a stock of goods to show they are 
 paid for, or deed is void, when, 33 G. 153. 
 
 quxre, can a homestead be taken in a shifting stock of goods, 33 G. 153. 
 
 Code 1873 avoiding deeds, &c., refers to " subsequent purchasers " of the 
 same subject, not to purchasers of different tracts, 33 G. 497. 
 5. Eecoeding : 
 
 is valid between parties, though not recorded, 1 W. 319 ; 2 W. 58 ; 4 R. 208. 
 
 not properly proved is not recorded, though admitted to record, 1"W. 319. 
 
 recorded within eight months of re-acknowledgment good against credi- 
 tors, &c., from that time, 2 C. 125. 
 
 admission to record may be compelled by ^numdarma, and is a ministerial 
 act, 2 H. & M. 132. 
 
 when court cannot declare, void for not having been recorded. 2 M. 310. 
 
 when, of loan of slave to wife not good against husband's creditors, &o., 
 
 4 M. 313. 
 
 recorded, held delivered, though no actual delivery to bargainee took place, 
 
 5 M. 160. 
 
 proved and left with clerk for record considered recorded ttom that time, 
 
 1 R. 102 ; 2 G. 471. 
 qtixre, whether, was admitted to record on proof of acknowledgment, or 
 
 re-acknowledgment, 1 E. 213. 
 what, not good as a recorded deed, 1 R. 219. 
 
DEED. 169 
 
 DEED, Eeooeding, Ooniiniied. 
 
 mortgage of slaves not properly recorded under 1 E. C. ch, 99 ?11, 5 L. 520. 
 
 clerk cannot admit, to record which does not convey land lying in his 
 county, 2 G. 216. 
 
 error in certificate of acknowledgment as to date of, will not avoid its 
 registry, 2 G. 471. 
 
 clerk's endorsement of time, left with him for record not conclusive, 3 
 G. 471. 
 
 must be left with clerk to he recorded to make it good as a recorded, 2 
 G. 471. 
 
 copy of, improperly recorded not evidence in place of original, 2 G. 216. 
 
 recording of, conveying land hy general description no notice to subsequent 
 purchaser from grantor, 3 G. 494. 
 
 certificate of two justices sufilcient to allow power of attorney to be- re- 
 corded with the, 5 G. 110. ' 
 
 valid as a recorded, though acknowledged before, and endorsed by, clerk 
 out of his office, 5 G. 212. 
 
 when, properly recorded on certificate of aldermen of New York, 6 G. 645; 
 
 when, properly recorded on certifiicate of mayor of city in another State, 
 8 G. 6 ; 9 G. 115. 
 
 when, eannot be objected to because not recorded ia county where land 
 lies, 9 G. 146. 
 
 admitted te record on certificate of clerk of court of another State without 
 seal of court, 10 G. 445. 
 
 a,dmitted to record on proof by subscribing witnesses, one of whom is 
 grantee's husband, is not duly recorded, 11 G. 321. ' 
 
 recording, of trust after graiitor's death would give it validity, 13 G. 615. 
 
 when copy of, evidence, though it was recorded on improper proof, 12 
 G. 564, 
 
 property delivered to /trustees validly transferred, th<Migh, not duly re- 
 corded, 12 G. 440. 
 
 of trust not recorded, valid after grantor's death against general creditors, 
 13 G. 6)5. 
 
 ■Code 1860 as to creditors, &c., protected against unrecorded deeds, con» 
 stiued, 13 G. 615. 
 
 when attachment preferred to unrecorded, of .*ruBt of personal property, 
 19 G. 545. 
 
 retaining vendor's lien is notice if recorded, though the record is destroyed, 
 30 G. 632. 
 
 record of, by which bonds are assigned is not notice to obligor of their 
 assignment, 2 P. & H. 178. 
 
 prior unrecorded, does not affect purchaser without notice from party ap- 
 pearing by the records to be owner of land, 2 P. & H. 255. 
 
 •cannot be recorded upon acknowledgment before court of another State, 2 
 L. 186. 
 
 xecorded within eight months of acknowledgment held valid against cred- 
 itors of grantor, 4 L. 550. 
 
 !«ertified copy of, improperly admitted to record is not evidence, 33 G. 429. 
 
 22 
 
170 DEED OF TKUST. 
 
 DEED OF TRUST; see Deed; Mortgage; Trust; Trustee. 
 what, by husband and wife good, though no consideration expressed in it, 
 
 2 C. 263. 
 what, not sufficient evidence on which trustees might maintain trespass, 2 
 
 H. & M. 415. 
 what, a conveyance for grantor's life, and not a revocation of a will, 2 M. 
 
 209. 
 what, of personalty void against creditors, 3 H. & M. 232. 
 construction of, in this case, 3 M. 510. 
 held fair and good against creditors, 3 M. 559. 
 
 what, not an assignment of bond due mercantile company, 4 M. 442. 
 when, executed during term of court at which a judgment is obtained, is 
 
 subsequent to said judgment, 4 M. 539. 
 when assignee of bond, without suing at law, may ask for sale under, 5M. 
 
 25. 
 what, not.to be considered a will in disguise, 5 M. 42. 
 conveyance held a mortgage not a, 1 R, 306 ; 2 Bob. 161. 
 a fairly executed, cannot be impeached for matter ex post facto, 6 R. 285. 
 effect of levy of execution ou goods in hands of purchaser under a valid, 6 
 
 E. 28.5. 
 who has right in this case to subject property to, 4 L. 349. 
 sale under, is irregular unless due advertisement was made, 5 L. 370. 
 party claiming sale under, good, must prove it so, 5 L. 370. 
 when sale under, to secure purchase money enjoined, if title is doubtful, 5 
 
 L. 460. 
 quxre, if, not void for vagueness in description of subject, 6 L. 236. 
 executed on first day of term of court, if court does not sit on that day, is 
 
 prior to judgment given at that term, .8 L. 271. 
 is good against creditors without execution by cestui que trust, 8 L. 271. 
 providing for creditors who would give release in fuU, &c., held good, 8 L, 
 
 271 ; 8 G. 457. 
 judgment creditors entitled to residue after payment of parties secured by, 
 
 8 L. 271, 
 when land passes under, and not under prior deed of bargain and sale, 10 
 
 L. 1. 
 of personal property, recorded in county to which it is removed prior to a 
 
 judgment against grantor, is good against the judgment, 10 L. 497. 
 debts secured by, should be ascertained before sale by trustees, 11 L. 547. 
 decree in case of slaves conveyed by, and attached, and sold by grantor's 
 
 creditor, 2 Rob. 39. 
 what sale by grantor is a discharge of a, of a slave, 2 Rob. 280. 
 void because not recorded in county of grantor, 2 Rob. 470, 
 what, not void as to purchasers, though slave named in it moved out of 
 
 county, 2 G. 415. 
 by execution and record of, title vests in trustee without his knowledge or 
 
 assent, 2 P. & H. 240. 
 ^ what reservation in, avoids it as to creditors postponed, 3 G. 373. 
 
DEED OF TEUST. 171 
 
 DEED OF TEUST, Continued. 
 
 to secure debt, part of which is hona fide and part fraudulent, good as to 
 first part, when, 5 Gr. 31. 
 
 all secured by, are necessary parties to biU assailing it for fraud, 5 G. 31. 
 
 held fraudulent on its face, though executed to indemnify a Joma^c surety, 
 6 G, 444. 
 
 if trustee refuse to act, any creditor secured may sue to enforce, and court 
 will administer it, 6 G. 174. 
 
 recital in, of amount of debt secure,d not conclusive, 7 G, 476, 
 
 creditor may show that his debt was intended to be secured, 7 G, 476. 
 
 what passes by words " all debts due to the grantoi^' 7 G. 476, 
 
 not to be enforced for ten years, good as against grantor's creditors, when, 
 8 G. 148. 
 
 how rents, &c., distributed when property covered by various trusts, it 
 being sequestrated at suit of judgment creditor, 8 G. 148. 
 
 if wife of grantor join in second but not in first, second incumbrancer en- 
 titled to her right of dower, 8 G. 148. 
 
 if no scrolls attached to certificate of justices taking privy examination of 
 wife, this is a cloud on title which should be removed before sale under, 
 8G. 241. 
 
 when land conveyed by, not recorded, not liable to grantor's creditors, 8 
 G. 332. 
 
 assignee of bonds secured by, entitled to benefit of the deed, 8 G. 533. 
 
 debts for which sureties bound held preferred debts under this, 9 G. 66S. 
 
 when mortgagee in possession not bound to account t9 prior encumbrancer 
 for rents and profits, 10 G. 23. 
 
 ctstui que trust held only entitled to excess of profits above cost of her sup- 
 port, 10 G. 336. 
 
 sale of trust subject to cestui que trust by mistake, set aside, 10 G, 513, 
 
 deed of trust and power of attorney construed together, when, 10 G. 513. 
 
 how commissioner should ascertain amounts of debts secured by, 10 G. 513. 
 
 judgment preferred to, to secure purchase money, when, 10 G. 164. 
 
 prior unrecorded, is void as to a subsequent judgment, 10 G. 580. 
 
 money secured by, held a gift and deed not enforced, 11 G. 210. 
 
 executed without knowledge of creditors good if they assent, 11 G. 348, 778. 
 
 conveying growing crops and not to he enforced for two years vaUd, whati, 
 11 G. 348, 778. 
 
 what, to slaves void, 11 G. 752. . . 
 
 recording, after grantor's death gives it validity, 13 G. QIS. 
 
 when, not recorded valid after grantor's death against general creditors, 13 
 G. 615. , ' 
 
 when attachment preferred to unrecorded, of personal property, 19 G, 545. 
 
 in these cases construed, 22 G. 396 ; 28 G, 192. 
 
 when acting secretary of an association can enforce a, 22 G. 755. 
 
 grantors in, estopped to question authority of an agent to accept it, when, 
 
 22 G. 755. 
 parol* evidence inadmissible to prove bonds and, were not to be satisfied 
 according to their terms, 22 Ct. 755, 
 
172 DEED OF TRUST. 
 
 DEED OF TRUST, Continued. 
 effect of, to secure debts made to two trustees. One may sell, 23 G. 266. 
 vendor may sell under, without suing insurance company, wlifen, 23 G. 266. 
 mechanic's lieu held subordinate to this, 23 G. 266 ; 31 G. 228. 
 . how, not naming creditors, enforced, 23 G. 494. 
 how court may proceed if sale under, enjoined, 24 G. 272. 
 powers of wife under this, 25 G. 481. 
 when, valid security for the debt, though note secured not in fact delivered, 
 
 26 G. 112. 
 as to what, not fraudulent, 26 G. 563. 
 
 relief given judgment creditor, though, held valid, 26 G. 563. 
 ■ where, should be recorded if land was within a mile of Lynchburg, 26 G. 
 
 203. 
 by wife in trust for husband and children set aside, when, 26 G. 574. 
 what debt good against a subsequent, 26 G. 612. 
 ■ as to priorities of, and judgments, 26 G. 112, 203. 
 court selling property conveyed by, should sell on terms of deed, 26 G. 903. 
 made by railroad company void as to State, when, 27 G. 119. 
 when sale under, invalid, debtor and creditor being alien enemies, 27 G. 511. 
 allowance made to purchaser for improvements in this case, 27 G. 511. 
 enforced by executor of party paying the debt to trustee, 27 G. 727. 
 in what order bonds secured by, and assigned are paid, 27 G. 835. 
 to secure note made by partners, but not delivered or endorsed, void, 27 G. 
 
 19. 
 when error to decree sale of land before creditor in, made a party, 28 G. 646. 
 lien of judgments subsequent to this, 28 G. 657. 
 
 when court may sell land lying out of the State, if conveyed in a, 28 G. 850. 
 when mortgage on canal boat preferred to lien of fi.fa. 28 G. 39. 
 to secure future acceptances or advances, good, 29 G. 483. 
 when party paying debts secured by, not paid out of proceeds of sale, 30 
 
 G. 166. 
 has priority over a homestead exemption, when, 30 G. 43. 
 witness to a, not thereby affected with notice of it, 31 G. 149. 
 what evidence necessary, to affect purchaser for value with notice of un- 
 recorded, 31 G. 149. 
 act of Congress does not annul, of land to secure a national bank, 31 G, 228, 
 reservation in, of homestead and other exemptions valid, 31 G. 580. 
 of future crops and increase of stock good, when, 31 G. 580. 
 of Alexanjiria and Fredericksburg Eailroad Co, construed, 31 G. 769. 
 when parol testimony admissible to prove consideration of, 31 G. 791, 
 two, with different dates, presumed to take effect at same time, when, 31 
 
 G, 791, 
 what not novation of debt secured by, and it is prior to judgments, 31 G, 
 
 791, 
 
 construed, How claims abated if assets not sufficient to pay in full, 32 Q. 
 277, 
 '■' deed absolute on its face held a, as court had so' directed. What an excuse 
 for laches in filing bill to correct it, 32 G. 411. 
 
DEED OF TEU8T— DEFENDANT. 173 
 
 DEED OF TRUST, Continued. 
 machinery in mill held to pass under this, 32 G. 727. 
 effect of, of separate estate made by wife in this case, 33 G. 97. 
 covenant in, by endorser of note binds him without protest or notice, when, 
 
 33 G. 160. 
 made by legatee under this will void, 33 G. 317. 
 preferred to decree in this case, being first recorded, 33 G. 473. 
 remedy under, not affected by lapse of time short of that sufiicient to raise 
 
 presumption of payment, 33 G. 617. 
 trustee entitled to pay for services in preference to bondholders secured by, 
 
 when, 33 G. 617. 
 when claims for services and materials due by railroad company, paid in 
 
 preference to bondholders secured by. How paid, 33 G. 624. 
 when and how execution creditors paid in preference to such bondholders, 
 
 33 G. 645. 
 court should direct sale for cash if, so provides, 33 G. 685. 
 
 DEFEASANCE. 
 
 what not a mortgage but a conditional, 6 G. 197. 
 DEFENDANT; see Equity; Parties. 
 when decree rendered against officer returning writ and bail bond, in favor 
 
 of plaintiff at law who is, in equity, 6 M. 313. 
 when court of equity may decree in favor of one, against another, 6 M. 
 
 316 ; 3 E. 494. 
 when equity may decree between absent, and garnishee, 3 E. 434. 
 decree between co-defendants refused in these cases, 4 L. 581 ; 9 L. 387. 
 when equity will decree between co-defendants, 3 G. 518 ; 5 G. 357 ; 28 
 
 G. 850. 
 case not a proper one for decree between co-defendants, 9 L. 387 ; 8 G. 60 
 where the equities between co-defendants do not arise from pleadings and 
 
 proofs between plaintiff and, there will be no decree between, 11 G. 441. 
 in trespass against two, when new trial not granted, 1 W. 322. 
 under act 1792 writ could not issue from district court to another district, 
 
 though against joint defendants, 1 C. 133. 
 if judgment is erroneous as to one, it should be set aside as to both, 2 E. 
 
 174, 313. 
 proceedings is such case, 2 E. 174. 
 
 errors cured by act of jeofails as to one, are cured as to all, 2 E. 446. 
 I I when it is eiTor to enter a final judgment as to one of two joint defendants , 
 
 7 L. 83. 
 decree in this case proper, 2 Eob. 590. 
 
 when decree is in favor of assignee against assignor of a bond, 11 G, 30. 
 there cannot be a decree between co-defendants if there is not a decree, in 
 
 favor of plaintiff, 23 G. 383. 
 when cross bill not necessary to set up claim of, against co-defendant, 28 
 
 G. 80. 
 
174 DEFICIENCY— DELINQUENT AND FOEFEITED 
 
 LANDS. 
 
 DEFICIENCY; see Compensation; Land i"" Purchaser ; Vendor and Vendee, 
 purchaser of land by the tract cannot recover for, 1 0. 301. 
 •when purchaser entitled to deduct from the purchase money for, in land, 
 
 4C. 489. 
 purchaser of land relieved in equity for, if seller knew of it at time of sale, 
 
 5 C. 236. 
 in land allowed for on ground of mistake, 6 C. 218; see 2 H. & M. 173 and 
 
 note ; 2 R. 67. 
 vendor conveying by estimation, if his own title papers call for more, mnst 
 
 make up, 2 H. & M. 164. 
 how compensation for, fixed. What proper measure of relief, 2 H. & M. 
 
 164 ; 1 M. 330, 493 ; 4 M. 332. 
 though land sold in gross, if both parties were mistaken, equity will give 
 
 reUeffor, 1 M. 330. 
 if lands sold at auction by bounds shown purchaser he is not entitled to re- 
 Kef for, 2M. 179. 
 in case of sale by the acre relief for, is granted, 4 M. 332 ; 1 Gr. 14. 
 purchaser agreeing to pay by the acre but to take by the survey made, 
 
 gets no relief for, 6 M. 188. 
 conveyance by the tract does not bind vendor to make good any, 2 R. 51. 
 claim for, in land sold gives equity jurisdiction, 3 E. 598; 5 C. 236; 5 L. 
 
 606. 
 whether sale be by the acre or in gross is a question of intention of the 
 
 parties, 5 L. 39. 
 DELINQUENT AND FORFEITED LANDS. 
 on sale of, commonwealth does not warrant title or description, 3 G. 192. 
 act of March 30th, 1837, concerning western land titles construed, 3 G. 192. 
 recitals in deed of commissioner of, not evidence against party claiming 
 
 adverse to the deed, 9 G. 194. 
 when deed of commissioner of, to person not reported as a purchaser by 
 
 him, invalid, 9 G. 194. 
 acts concerning forfeiture of lands for failure to enter on commissioner's 
 
 books and pay taxes thereon, construed, 10 G. 400, 405, 418 ; 11 G. 572. 
 deed of commissioner conveying, fixes boundary of land sold, 10 G. 445. 
 actual possession of land claiming it adversely, does not prevent operation 
 
 of deed of commissioner of, 10 G. 445. 
 purchaser of, need not prove proceedings of court and commissioner were 
 
 regular, 10 G. 445. 
 if land forfeited under two distinct titles, proceedings under either passes 
 
 aU the title, 10 G. 445. 
 what necessary in deed under act 2 U. C. p. 542. What recital will not 
 
 avoid deed, 10 6. 421 ; 11 G. 516. 
 ' to what patents act March 18th, 1841, applies, 11 G. 572. 
 patent for land previously granted and then forfeited passes nothing to 
 
 patentee, 11 G. 572. 
 what party under deed of deputy sheriff for, must show, 11 G. 516. 
 
DEMAND AND EEFUSAL-^DEMUREEE. 175 
 
 DEMAND AND REFUSAL ; see Bill of Exchange; Cheek ; Promissory Note. 
 
 when appearance waives, 3 C. 200. 
 
 when need not be averred, 3 C. 201. 
 
 in declaration In detinue it is not necessary to state a special, 3 M. 122. 
 DEMURRER ; see Demurrer to Evidence ; Pleading. 
 
 when considered a plea to the jurisdiction. Its eflfects, 1 C. 382. 
 
 quxre, if there be oyer but no profert, can defendant demur for a variance, 
 
 1 C. 575. 
 
 If one count in declaration is held bad on, further proceedings should be 
 had on the others, 2 C. 39, 374. 
 
 defendant may under act of assembly plead and demur to the whole de- 
 claration, 6 C. 71; 4 H. & M. 277. 
 
 if objection to bill is apparent on its face, it may be demurred to, 1 H. & 
 M. 18. 
 
 if injunction granted on ground that plaintiff at law was dead when judg- 
 ment was given, it is ground of, to the bill, 1 H. & M. 206. 
 
 when, if any counts be good a general, to the declaration should be over- 
 ruled, IH. &M. 361. 
 
 a general, to plea in abatement sustained if defect is in form only, 2 H. & 
 M. 308. 
 
 general, received for setting aside an office judgment, 4 H. & M. 277. 
 
 what assignment of breach, in debt on bond, fatal on general, 4 H. & M. 
 277. 
 
 plaintiff may amend on payment of costs after special, to a bill, 4 H. & 
 M. 475. 
 
 objections to a scire facias to revive suit should be by plea or, 4 H. & M. 480. 
 
 if overruled, judgment should not be until after trial of issues joined on 
 pleas, 2 M..88. 
 
 if defendant plead and demur, latter should be first decided by the court, 
 
 2 M. 518. 
 
 a general replication and, to the same plea may be put in, 4 M. 466 ; see 1 
 R. 277 ; 5 M. 1. 
 
 word " defendant " in a, did not restrict it to plea of one defendant only, 
 ■ 1 M. 63 ; 4 M. 516 ; 2 H. & M. 575. 
 
 to pleas sustained, 3 M. 159. 
 
 irregularity as to deciding demurrer and issue in fact, not sufficient to re- 
 verse a judgment, 5 M. 1 
 
 when, to a bill is overruled leave should be given defendant to file an an- 
 swer, 6 M. 398. 
 
 when after Court of Appeals has heard case, should not be received, 6 M. 
 580 ; see 4 H. & M. 200 ; 2 M. 349 ; 4 M. 430. 
 
 assigning special causes of, does not make a general a special one, Gil. 
 338. 
 
 omission of joinder in, not an available error in appellate court, Gil. 338. 
 
 when second plea same as first is filed, plaintiff should not demur, but 
 move to reject it, 3 R. 56 
 
 when considered as abandoned, 3 R. 448. 
 
 to a bill setting forth several claims, overruled if any of the claims are 
 proper, 3 R. 598. 
 
176 DEMURRER. 
 
 DEMURRER, Continued. 
 
 to a declaration with two assignments of breach overruled if either be 
 good, 5,R. 693. 
 
 what considered a judgment on a, to evidence, when both it and a de- 
 murrer to declaration are filed, 6 R. 39. 
 
 after issue joined on any plea it is too late to file a special, 6 R. 182. 
 
 when pleadings terminate in a, any error in pleadings may be taken ad- 
 vantage of, 6 R. 182. 
 
 to a scire facias on a recognizance of special bail, is regular practice, 2 L. 
 555. 
 
 court always looks to substantial meaning of a general, 3 L. 561. 
 
 when court can only look at covenant in declaration ; not at one in bill of 
 exceptions, 3 L. 98. 
 
 when irregularity of conclusion of a replication to which there is a, cured 
 by act of jeofails, 5 L. 268. 
 
 upon, to a plea, court goes back to first fault in pleadings, 6 L. 316. 
 
 qusere, whether in this case court should overrule, 7 L. 93. 
 
 upon general, to declaration, if any count be good, should be overruled, 7 
 L. 147 ; 8 L. 50. 
 
 defendant in chancery may at same time answer and demur to same mat- 
 ter in bill, 7 L. 402. 
 
 when, will be overruled and final judgment entered, unless it is with- 
 drawn, 8 L. 532. 
 
 upon, to plaintifi^'s evidence, court must look to whole of it, 10 L. 155. 
 
 if declaration contain one count for a tart and one in assumpsit, will be 
 sustained, 1 Rob. 265. 
 
 to bill for several causes overruled, 1 G. 108. 
 
 to bill to recover land sold for taxes and bought by sheriff, overruled, 1 G. 
 158. 
 
 to counts of declaration on a bill of exchange sustained as to some and 
 overruled as to others, 1 G. 539. 
 
 to declaration on an indemnifying bond sustained, 1 G. 156. 
 
 to declaration on executor's bond overruled, 1 G. 239. 
 
 neither commonwealth nor accused can demurto the evidence inacriminal 
 prosecution, 1 G. 557. 
 
 to indictment for perjury sustained, 1 G. 561. 
 
 what questions, to entire declaration raises. When it should be over- 
 ruled, 6 G. 130. 
 
 when count containing several breaches good on, 6 G. 130, 354. 
 
 for misjoinder of actions goes to the whole declaration, 6 G. 130. 
 
 what, to declaration on an award not sustained, 8 G. 79- 
 
 what is a waiver by the defendant of a, 9 G. 89. 
 
 what omission of amount of note in declaration no ground of, 9 G, 622. 
 
 sustained in appellate court and plaintiff allowed to amend, 11 G. 300. 
 
 what, to bill against an absent defendant not sustained, 11 G. 610. 
 
 to bill in equity in the form given in the statute is sufficient, 25 G. 642. 
 
 without craving oye/r of bond overruled, 14 G. 24. 
 
 what, to plea of autrefois acquit, is an admission of, 1 V. C. 188. 
 
DEMURRER— DEMURRER TO EVIDENCE. 177 
 
 DEMURRER, Continved. • 
 
 joinder to defendant's, to replication allowed to be withdrawn, 2 V. C. 
 
 501., 
 defects of form in pleading may be taken advantage of by general, 2 V. CL 
 
 501. 
 proceedings if, to indictment for gaming overruled, 6 L. 638. 
 presumption as to assignment of note on, to declaration, 16 G. 126. 
 what considered on, to a declaration, or a plea, 16 G. 295. 
 to bill sustained, as proof to sustain' it inadmissible, 13 G. 705. 
 when court may pass on, to bill without requiring defense to be set out in 
 
 answer, 9 G. 336. 
 in criminal case same defects may be taken advantage of on a general, as 
 
 on a special, 10 G. 708. 
 duplicity in a plea can only be objected to by special, 10 G. 255. 
 to bill held sufficient in form, and bill multifarious, 26 G. 291. 
 
 DEMURRER TO EVIDENCE. 
 
 when court may give judgment on, 1 W. 10. 
 
 when allowed, when refused, 1 W. 150. 
 
 when court will not compel party to join in, 1 W. 217, 357; 2 C. 555, 574. 
 
 a bill of exception cannot be considered as a, 1 W. 357.. 
 
 what court will presume on a, 2 W. 203. 
 
 brings whole question of law and fact before the court, 1 C. 105. 
 
 when defendant can enter a, and plaintiff compelled to join in it, 15 G. 501. 
 
 showing plaintiff not entitled to recover, judgment should be given for de- 
 fendant, and not a new trial allowed, 2 C. 241. 
 
 where plaintiff's evidence is defective only and not doubtful or uncertain, 
 defendant may demur, 2 C. 241. 
 
 when defendant should demur to the evidence, 2 C. 514. 
 
 all testimony on both sides ought to be heard on a, 2 C. 555. 574. 
 
 if demandant in a writ of right demurs to the evidence, what the judg- 
 ment wUl be, 2 C. 555, 574. 
 
 quxre, whether, could be sustained in this case, 3 C. 19. 
 
 when on, if plaintiff produces judgment and execution, he should hav« 
 judgment, 6 C. 53. 
 
 admits every conclusion jury might have drawn from the evidence, 6 C. 55. 
 
 unconditional verdict on, is not error if court afterwards determine de- 
 murrer, 1 H. & M. 54. 
 
 when party tendering, cannot compel the other party to join in it, 1 M. 22. 
 
 judgment for plaintiff affirmed on, in ejectment in this case, 2 M. 200. 
 
 weight of testimony is for jury only, unless withdrawn from them by, 2 M. 
 , 230. 
 
 when court cannot decide as to sufficiency of evidence unless submitted 
 on, 5 M. 199. 
 
 when, should be set aside as too uncertain to give judgment on, 6 M. 320. 
 
 ' what not a sufficient excuse for not joining in, 2 R. 68. 
 
 on, it is not necesssary to enter on record admission of inferences from facts, 
 2 R. 353. 
 
 23 
 
178 DEMURRER TO EVIDENCE— DEPOSITION. 
 
 DEMUliREK TO EVIDEN'CE, Continued. 
 on, the only question for the court is whether the evidence supports the 
 
 issue or not, 3 R. 516. 
 , proceedings after demurrer is joined, 3 R. 516. 
 should contain the evidence on both sides, 4 R. 406; 5 R. 1 ; 3 L, 147. 
 effect of a, 5 R. 1 ; 6 L. 278 ; 5 G. 364 ; 31 G. 812. 
 when court will not compel plaintiff to join In a, 4 R. 352. 
 court may compel joinder in, without requiring the demurrant to admit 
 
 inferences of fact, &c., 3 L. 147. 
 , what fairly inferred on, in this case, 4 L. 325. 
 when a joinder in, should be compelled, 6 L. 82 ; 9 L. 30. 
 proper in this case to set aside, and allow defendant to file additional 
 
 pleas. 11 L. 233. 
 when, does not waive an exception taken to evidence, 12 L. 524. 
 general rules and principles as to. Party in action for negligence can file, 
 
 23 G. 619. 
 in debt against drawer and endorser of negotiable note, court may give 
 
 judgment in favor of one and against another on, when, 2 P. &H. 529. 
 on what,''court will infer as to post office of endorser of note, . 2 P. & H. .i29. 
 what court must consider on a, 2 P. & H. 616. 
 cross-examination of vfitness is evidence of party calling him and so 
 
 treated on a, 2 P. & H. 616. 
 when bill of exceptions regarded as a, 29 G. 581^ 
 DEPOSITION ; see Commiasion to take Depositions ; Equity ; Evidence. 
 
 1. In Genekal. 
 
 2. 'WiiEN Evidence. 
 
 3. "When not Evidence. 
 1. In General : 
 
 need not lie signed by the witness, 1 W. 372. 
 
 record must show that notice to tnke, was given, 2 W. 75. 
 
 after answer and replication in'equity, parties have six months to take, 2 
 
 W. 191. 
 what appearance is not a waiver of notice of application for a commission 
 
 to take, 1 C. 405. 
 . continuance refused if party did not take steps to get, of seafaring witness, 
 
 2C. 415. 
 qaxre, if, taken after cause decided but before end of term, can be made 
 
 part of the record, 3 C. 44. 
 new trial not granted if, which is filed, was not called for at trial, 4 C. 430. 
 it is sufficient evidence that person is a justice, if " J. P." be added to his 
 
 signature to, 2 G. 216. 
 what proper course if, contain exceptionable matter, 4 H. & M. 82. 
 exceptions to, taken under a commission issued after cause set for hearing, 
 
 may be made at any time before ti.e hearing, 4 H. & M. 401. 
 notice to take, given to overseer of a party, is insufficient, 4 H. & M. 426. 
 • may be opened for cross-examination within hours of notice, 4 M. 80. 
 notice to attorney of parly absent from State is insufficient, 4 M. 371. 
 
DEPOSITION. 179 
 
 DEPOSITION, In General, Continued. 
 objections to questions in, as leading should be made to court before jury 
 
 is sworn, 1 R. 268. 
 notice is insuflScient if it omit place of taking, 5 E. 126. 
 cannot be tiiken on day after first, unless adjourned to that day, 5 R. 126. 
 plaintiflF allowed to except to, taken by defendant in this case, 2 L. 425. 
 party objecting to, must point out objectionable parts and move to expunge 
 
 them, 8 L. 697. 
 notice to take, held insufBcieut in this case, 4 H. & M. 1. 
 what statement in decree shows cause was not heard on, contained in the 
 
 record, 6 M. 430. 
 notice to take, on six successive days in Missouri held sufficient, 11 L. 393. 
 in taking an account commissioner may take, to enable him to act, 3 G. 315. 
 when, given in answer to leading interrogatories suppressed, When not, 
 
 3 G. 315. 
 when objection to form of exception to a, not allowed, 4 G. 58. 
 what caption to, in case of unlawful detainer sufficient, 8 G. 6. 
 when commissioner could take, in a common law cause, 9 G. 167. 
 when affidavit as ground totake, presumed made and lost, 9 G. 649. 
 objection to, which had been read in former suit between same parties 
 
 overruled, when, 9 G. 649. 
 what a sufficient authentication of a, 11 G. 516. 
 what exceptions to must state, .17 G. 187. 
 
 when cross-examination of plaintiff not struck out of, 24 G. 74. 
 appellate court may pass on competency of witness whether objection was 
 
 made to, below, or not, 25 G. 28. 
 answer of witness no^t struck out because, shows it proper, 25 G, 343. 
 when jury may take, which has been read to them, 25 G. 495. 
 mistake in christian name of defendant no ground of objection to, 28 G. 750. 
 what may be done if notice is given to take, at two places on the same 
 
 day, 17 G. 187; 30 G. 307. 
 when exception to, not regarded in appellate court, 31 G-. 791. 
 omission of clerk to sign commission to take, does not vitiate it, 19 G. L 
 what a reasonable notice to take, 12 G. 602. 
 what not a reasonable notice to take, 17 G. 187. 
 what certificate of commissioner taking a, sufficient, 19 G, 1. 
 answers of witness should not be written before taking of, 17 G. 187. 
 2. When Evidence : 
 may be read against pendente lite purchaser, though taken before he was 
 
 made a party, Wy. 145; see 1 W. 230. 
 taken in suit against factor may be read in suit against principal for same 
 
 cause, 1 C. 487. 
 taken after appeal from interlocutory decree may be read in Court of Ap^ 
 
 peals, 3 C. 89. 
 when, taken in one suit may be read in another between same parties, 3 
 
 C. 384. 
 taken before decree in lower court and filed after appeal, may be read in 
 
 Court of Appeals, 5 C. 331. 
 
(180 DEPOSITION. 
 
 DEPOSITION, "When Evidence, Continued. , 
 
 ^ taken at time and place not named in notice evidencBj agent of party being 
 present and not objecting, 1 M. 247. 
 
 Ac bene esse taken by magistrates, evidence though no commission found, 6 
 M. 191. 
 
 presumed properly taken, if no objection made in lower court, 6 E. 242 ; 
 2 L. 401. 
 
 de bene esse read, though no subpoena served on witness, 3 L. 682. 
 
 as to pedigree of slaves taken in a different suit admissible, when, 5 L. 88. 
 ' when, cannot be first objected to in Court of Appeals, 5 L. 219 ; 2 G. 344 ; 
 30 G. 255. 
 
 gusere, whether, taken in probate court can be read as paA of court's sen- 
 tence in issue devisavit vel von, 1 G. 18. 
 
 de bene esse read, if witness state in it inability to attend court, 2 G. 216. 
 
 on what proof, de bene esse of aged witness in case of probate read, 8 G. 267, 
 
 what affidavit of witness sufficient to authorize reading of his, de bene esse, 
 10 G. 557. 
 
 as to consent of counsel authorizing inadmissible, to be read, 12 G. 484. 
 
 on trial for murder when, of witness admissible to contradict him, 10 G. 658. 
 , when, taken in suit in chancery admissible in sviit at law, 2 L. 474. 
 
 when, may be read on the trial of an issue out of chancery, 22 G. 177. 
 
 when, read at first trial admissible at second, 17 G. 472. 
 
 taken after interlocutory decree, 33 G. 730. 
 
 returned before final hearing, 33 G. 730. 
 ' 3. "When not Evidence : 
 
 not admissible against a new defendant in equity, 1 "W. 230. 
 
 when, taken de bene esse not admissible, 2 "W. 75 ; 2 H. & M. 31. 
 
 taken out of State without notice of application for commission inadmis- 
 sible, 1 C. 405. 
 
 -taken in one suit not evidence in another between different parties, 1 C. 
 487. 
 
 affecting party who had no notice cannot be read, 2 H. & M, 536. 
 
 not read because notice insufficient, 4 H, & M. 1. 
 
 taken under commission issued after argument of cause, suppressed, 4 H. 
 & M. 397. 
 
 gusere, whether admissible in either of two cases, 3 M. 51. 
 
 when, taken in suit to perpetuate testimony cannot be read in a subse- 
 quent suit, 5 M. 332. 
 
 when, of person under whom party claims inadmissible, 6 M, 227. 
 
 what must be shown to admit, in a suit at law, 1 R. 255 ; 6 E. 242. 
 
 of ii^competent witness rejected by Court of Appeals, though read below, 2 
 L. 425. 
 
 when, taken in suit in chancery admissible in suit at law. "When not, 2 
 L. 474. 
 
 taken without authority inadmissible, though witness cross-examined, 12 
 G. 484. 
 
 held inadmissible because taken at too late a day, 12 G. 484, 
 
DEPOSITION— DETINUE. 181 
 
 DEPOSITION, When not Evidence, Continued. 
 when, of a party inadmissible, 20 G. 211. 
 taken after an interlocutory decree not evidence, when, 33 G. 730. 
 
 returned before final hearing not evidence, when, 33 G. 730. 
 DISCENT ; see Alien ; Children; Decedents' Estates; Distribution; Heir. 
 
 slaves considered real estate in cases of, 1 W. 306; 2 W. 1. 
 
 construction of acts of descent, 2 C. 390. 
 
 how personal estate distributed under act of 1792, 3 C. 105. 
 
 act of 1785 concerning, was in full force until Oct. 1, 1793, 3 C. 289. 
 
 case in which after acquired lands passed by, and not by will, 3 C. 289. 
 
 course of, between whole and half blood in this case, 5 C. 481. 
 
 when illegitimate child born before Jan. 1, 1787, takes by, 3 H. & M.225. 
 
 when mother inherited estate of infant child, who got it from her great- 
 uncle on father's side, 4 H. & M. 487. 
 
 when estate of infant goes to her uncles and aunts 1 M. 339 ; see 1 M. 183 ; 
 2 M. 279 ; 6 M. 281. 
 
 when person entitled to reversion in fee on life estate had not seisii^of the 
 inheritance, oM. 422. 
 
 course of, in these cases, 6 M. 427; 6 E. 355 ; 27 G. 325. 
 
 act. of descents of 1785 entirely repealed common law course of descents, 6 
 E. 355. 
 
 course of, under 1 E. C. ch. 96, §18 in this case, 2 L. 109. 
 
 when estate of deceased sister, formerly a slave, descends to her brother 
 and sister, 13 G. 219. 
 DESTEOYING DWELLING HOUSES. 
 
 what an offence under Code 1860, oh. 195, ?6, 16 G. 543. 
 DETINUE. 
 
 what plaiutiff and defendan,t must prove in action of, 1 W. 308. 
 
 legatee cannot recover slave in, without proving assent of executor to ' 
 legacy, 3C.218. 
 
 when administrator bringing, for slaves, not bound to produce his letters 
 of administration, 3 C. 554. 
 
 for slaves may be brought by heirs of parties to whose use they were con- 
 veyed by marriage settlement, 1 H, & M. 213. 
 
 party getting judgment against one for slave, cannot bring, against another 
 for the same slave, when, 1 H. & M. 450. 
 
 when plaintiff losing slave may recover on ground of former possession, 3 
 H. & M. 57. 
 
 on what description of a negro child, may be maintained, 4 H. & M. 478. 
 
 when parol evidence that deed was to defraud creditors admissible in, 2 
 M. 329. 
 
 when executor may be charged in, personally, 2 M. 479. 
 
 what not conclusive evidence of a gift in, 4 M. 145. 
 
 evidence held insufficient to entitle plaintiff to recover, 4 M. 186. 
 
 when defendant must show he was divested of property by course of law, 
 
 3 L. 682. 
 
 plaintiff may show parol acknowledgments by defendant as to property, 
 
 4 M. 191, 373. 
 
182 DETINUE. 
 
 DETINUE, Continued. 
 lies against a purchaser under a void execution, 4 R. 427. 
 ■what necessary to charge special bail in, 4 L. 462. 
 
 lies against executor as such, if goods came to his possession, 6 L. 42, 344. 
 could not be brought by committee of lunatic until Eevisal of 1819, 1 P. 
 
 &H. 1. 
 defendant in, may under the general issue, avail himself of the possession 
 
 of those under whom he claims, 4 M. 301. 
 if part of issue only is found the whole verdict is erroneous, 1 W. 76. 
 the price of thing sought to be recovered should be stated in thS declarar 
 
 tion, 2 W. 192. 
 mortgagee's declarations that mortgage was paid admissible, 2 C. 275. 
 when judgment affirmed as to title but reversed as to value, 2 C. 313. 
 when, on declaration for several slaves, verdict should find value of each, 2 
 
 C. 313. 
 if verdict is for slaves or their value, judgment should he accordingly, 3 
 
 C. 555. 
 verdict may exceed value of slaves laid in declaration, 1 H. & M. 54. 
 what evidence sufficient to prove possession, 1 H. & M. 54. 
 new trial awarded if special verdict fails to show title in plaintiff, 1 H. & 
 
 M. 213. 
 fact that daughter's slaves are on father's premises will not sustain, against 
 
 him, 11 G. 99. 
 bailee of chattels may maintain, upon his right of possession, 9 L. 158. 
 effect of consent of administrator of a defendant in, as to revival of eausB 
 
 against liim, 9 L. 526. * 
 
 mortgagee of slaves allowed to recover from purchaser under an execution 
 
 against the mortgagor, 10 L. 186. 
 when increase of female slave can be recovered in, 12 L. 495; 7 G. 373. 
 when, does not lie for profits of slaves accruing during an appeal, 4 M. 
 
 528 ; 4 H. & M. 470. 
 what defects in declaration cured by verdict, 2 M. 539; 6 M. 486; 3 C. 555. 
 not necessary to state a special demand and refusal in declaration, 3 M. 
 
 122. 
 declaration insufficient if it does not state the property was plaintifis', 4 
 
 M. 72. 
 what not a misjoinder of counts in declaration, 9 L. 158. 
 when after j adgment in, a new action cannot be brought, 6 M. 10. 
 How judgment in, against a personal representative should be given, 6 L. 
 
 344 ; 9 K 526. 
 if value of several slaves be jointly assessed in verdict, writ of enquiry 
 
 should be awarded as to their respective values, 2 M. 195. 
 jury may find general verdict for detaining slaves, but value of each should 
 
 be found, 2 M. 539. 
 verdict held sufficiently responsive to two issues, 4 M 145; 1 H. & M. 374. 
 error in verdict as to name of slave corrected by declaration, 4 M. 145. 
 death of slave not put in issue by plea puis danrein eontinumee, and judg- 
 ment entered, Gil. 341. 
 
DETINUE— DEVISEES. 183 
 
 DETINUE, Continued. 
 
 what plaintiff can demand when action is revived against adminisirator of 
 
 defendant, 8 G. 578. 
 when Court of Appeals vtdll presume sci.fa. to revive, against administra- 
 tor regular. What sci.fa. should suggest, 8 G-. 578. 
 
 when, is revived against an administrator, the judgment should not he 
 against him personally, 8 G. 578. 
 DEVASTAVIT ; see Administration; Decedents;^ Estates; Personal Eepreaentalive. 
 
 must be fixed on exeeutor before creditor can sue on his bond, 1 W. 31. 
 
 by exeeutor, when creditor may suggest, 1 W. 166. 
 
 against executor lies, if he improperly assents to a specific legacy, 1 W. 308. 
 
 when executor may plead and prove plene administravit, the declaration 
 suggesting a, 2 W, 184. 
 
 when paying debts of inferior dignity is not a, 4 C. 308. 
 
 waste actually committed should be shown by verdict, 4 C. 308. 
 
 suit cannot be brought on administration bond until judgment against 
 executor for a, 4 0. 308 ; 5 C. 520 ; 1 M. 1 ; 2 M. 34 ; 3 M. 568. 
 
 when sureties of administrator may be sued in equity though, has not 
 been first fixed on administrator, 1 H. & M. 10. 
 
 what j udgment and return on an execution insufficient for action on ad- 
 ministration bond, 1 H. & M. 53. 
 
 after confession of judgment by executor in suit for, he cannot go into 
 equity, 1 H. & M. 342. 
 
 when action against administrator alone, can be maintained on adminis- 
 tration bond without establishing a, 3 M. 548. 
 
 when equity can convene sureties of dead executor without a prior suit 
 establishing, 4 M. 289. 
 
 qrisere, whetiier executor of an executor applying assets to debts of inferior 
 dignity guilty of, 6 M. 45. 
 
 when decree maybe against sheriff's sureties without first taking accounts 
 to show, 5 L. 13, 
 
 executor can submit claims of an estate to arbitration, but is liable for any 
 injury thereby done, 6 L. 62. 
 
 administrator permitting party to coUectand use chases in aoftoB of intestate 
 guilty of, 4 G. 472. 
 
 what is and vyhat is not a^ 7 G. 264. 
 DEVISE ; see WUl. 
 DEVISEES ; see Will. 
 
 decree against executor is only prima facie evidence against, 6 C. 308. 
 
 when suit for marshaling assets against, cannot be brought, until j udgment 
 against executor and sureties first prosecuted, 1 M. 437. 
 
 decree against,.holding by distinct devises, should not be joint but pro rata, 
 1 M. 437. 1 
 
 When decree should be against all the, and not against land of one only 
 with leave to him to sue for contribution, 3 M. 514. 
 ■ -'when, in decreeing conveyance of land to, of purchaser, vendor's lien 
 should be reserved, 5 M. 342. 
 
184 DEVISEES— DIGNITY OF DEBTS. 
 
 DEVISEES, Continued. 
 
 when executors of surety cannot recover against, of debtor, judgment of 
 UnitecJ States court paid by them, 6 M, 202. 
 
 when in suit to foreclose mortgage, of mortgagor and of equity of redemp- 
 tion should be parties, 6 M. 520. 
 
 if person interested as devisee he should be called on to answer as such, 
 and not otherwise, 6 M. 520. 
 
 no remedy lies for sureties against, of their principals under 1 R. C. ch. 
 lis SI, 2 L. 68. 
 
 no remedy lies for sureties of sheriff against, of sheriff under 1 E. C.ch. 78 
 p7, 2 L. 68. 
 
 compensation to, where widow renounces will and takes dower, 6 L. 461. 
 
 when claim of devisee of mortgaged laud against heir for redemption, 
 barred by lapse of time, 7 L 452. 
 
 when writ of right may be maintained by ; when they may have it revived, 
 8 L. 468. 
 
 when debt lies on executor's bond against executor's, to get satisfaction 
 out of land devised, 10 L. 93. 
 
 gtixre, as to meaning of 1 R. C. ch. 128 as to heirs or, of decedent, 10 L. 93. 
 
 interest of, for life and remainder in insurance money on destruction of 
 property insured, 10 L. 536. 
 
 entitled to rents, &c., of real estate devised until decree subgecting them 
 ' to debts, 2 G. 73, 81. 
 
 decree selling land in suit to which, are not parties does not bind them, 6 
 G. 320. 
 
 must contribute ratably with legatees if whole estate charged with pay- 
 ment of debts, 9 G. 541. 
 
 when- widow devisee bound to support children, 11 Gt. 364. 
 
 a void condition annexed to a devise prevents vesting of the devise in the 
 devisee, 11 G. 804. 
 
 how, liable for debts of devisor in this case, 31 G. 601. 
 
 DIES JUEIDICUS. 
 qaxre, as to extent of juridical day, 2 V. C. 111. 
 superior court of Uhesterfield can render judgment same day as meeting 
 
 of General Court, 6 R. 704. 
 to what time superior court may extend session, 2 G. 594. . 
 
 DIGNITY OF DEBTS; see Debt,- Debtor and Creditor,' Judgment; Urn; 
 
 Personal Representative. 
 debt due by recognizance of special bail is of higher dignity than one due 
 
 by specialty, 4 L 35. 
 of debt from estate of decedent who married executrix and wasted the 
 
 assets, 6 L. 116. 
 debt due estate by English executor is prior to all his other debts, 11 L. 1. 
 ■when judgment against administrators on bond of intestate ranks as such, 
 
 though reduced for usury^ 1 G. 153. 
 bonds with collateral condition creating contingent liabilities are of higher 
 
 dignity than simple contract debts, 1 G. 431. 
 
DILIGENCE— DISMISSION. 185 
 
 DILIGENCE ; see Negligence. 
 jury must decide what is, on part of assignee of a bond, 5 C. 78. 
 when demurrer to evidence as to question of, set aside, 6 M. 320. 
 exceptions to rule that, must be used by assigneeagainst maker of note 
 
 before he can sue assignor, 5 R. 31; 4 L. 452; 6 L. 386. 
 over diligence of one party does not excuse under diligence of another, 4 
 
 L. 37. 
 onus probandi to prove, of parties to bill of exchange is on plaintiff, 4 L. 37. 
 question whether refusal to accept bill was within or after business hours 
 
 left to jury, 7 L. 179. 
 holder of counterfeit bank note precluded by negligence from recovering, 
 
 7 L. 617. 
 DISCONTINUANCE. 
 
 what not a, of an indictment for a misdemeanor, 2 V. C. 61. 
 when omission to file information, &c., not, of cause, 2 V. C. 62. 
 adjournment without awarding process on an indictment no, 2 V. C. 470. 
 when a judgment against defendants in general terms, understood as 
 
 against those only who appeared, 4 H. & M. 293. 
 when continuance of a motion in county court from June to August term 
 
 is a, of it, 7 L. 221. 
 when failure of court to meet on day to which it adjourns not a, of a cause, 
 
 8 G. 58. 
 DISCOUNT. 
 
 on real paper and loan on accommodation paper, are on same footing aS to 
 
 bank's right to deduct interest, 5 E. 132. 
 taking interest in advance on whole of note discounted by bank is lawful, 
 
 5 E. 132. 
 usage of discounting notes by Virginia banks i^ not usurious, 5 L. 251. 
 what discount of bank not usurious, 8 L. 238. 
 defences in nature of set-off authorized in replevin, 3 G. 91. 
 DISCOVERY; see BUI of Discovery ; Equity. 
 what matters defendant not bound to disclose in his answer, 1 G. 108. 
 when defendant must object to, asked by demurrer, or by plea or answer, 
 
 1 G. 108. 
 qusere, if defendant at law can have, after judgment on a gaming debt, 5 G. 
 
 645. 
 general rule when party comes into equity for a, 6 G. 427. 
 party not bound to answer interrogatories which may subject him to a 
 
 penalty or forfeiture, 6 G. 481. 
 DISMISSION; seeAeticm; Equity. 
 when made on motion without a plea in abatement, 1 W. 153. 
 of a caveat, unless on the merits, is not binding. 1 C. 206; 6 M. 160. 
 when, if name of factor not in declaration, 2 C. 16. 
 when rule should be made against plaintiff to show cause why one of two 
 
 suits should not be dismissed, 4 H. & M. 476. 
 it is too late to move for, of suit for defect in the writ, after issue joined 
 
 on plea to the action, 2 M. 297. 
 
 24 
 
186 DISMISSION— DISTRESS. 
 
 DISMISSION, Continued. 
 
 by plaintiff's order no bar to another suit for same cause of action, 4 M. 207 . 
 
 qusere, if plaintiff can order, after a verdict for defendant and granting of 
 a new trial, 4 M. 207. 
 
 if security for costs is tendered at first term after sixty days from or^er 
 requiring it, court should not order, 4 M. 364. 
 
 when it is error in court to order, 3 E. 50. 
 
 plaintiff cannot order, of bill and then complain in appellate court that 
 decree on prayer in the bill was not in his favor, 3 M. 88. 
 
 when, of bill as to parties who have not answered is error, 4 M. 435. 
 
 decree dismissing suit without prejudice to bringing another, affirmed, 6 
 M. 456. 
 
 when, of bill should be only as to parties against whom there is no equity, 
 4 M. 485. 
 
 bill of injunction having other objects than an injunction, should not he 
 dismissed at first term after dissolution of injunction, 4 M. 490 ; 6 M. 397. 
 
 when, of bill proper, but should be without prejudice, 6 M. 20; 5 L. 376. 
 
 bill taken pro confesso as to one defendant properly dismissed, if other de- 
 fendant show;s there is no equity, 4 L. 579. 
 
 when there should not be, of bill, but plaintiff allowed to supply^ defect in 
 record, 5 L. 426, 460. 
 
 what held a, of bill under terms of covenant in this case, 7 L. 346. 
 
 what decree for costs proper on, of bill of heir and executor of a vendeei 
 . 9 L. 556. 
 
 when length of time and acquiescence good grounds for, of a bill, 9 L. 495. 
 
 bill taken pro confesso as to one surety on a void guardian bond, should he 
 dismissed as to all defendants, 1 G. 310. 
 
 if face of bill shows matter not proper for court of equity, it should be 
 dismissed, 3 H. & M. 67. 
 
 how costs allowed in this case, 5 L. 376. 
 DISSEISIN. 
 
 when entry by elder patentee not, of junior patentee, 1 G. 165. 
 
 quxre, as to limits of possession of junior patentee, 1 G-. 165, 211. 
 
 while patented lands are in a state of nature there can be no, thereof, ex- 
 cept by acts effecting a change in their condition, 1 G-. 211. 
 
 when entry by junior patentee, of elder patentee, 1 Gr. 211. 
 
 presumption of, by co-parcener or tenant in common, of another, a matter 
 of evidence for jury, 4 G. 16. 
 
 DISTRESS ; see Landlord and Tenant ; Ment. 
 landlord may levy, but cannot sell or take replevy bond, 2 W. 54 ; 1 M. 596. 
 when, levied on property not on the demised premises is void, 3 C. 439. , 
 when on lease of land, may be resorted to without an express stipulation, 
 
 3 M. 277. 
 rent payable in advance may be collected by, when due, 3 M. 277. 
 as to liability of property of third pei-son to, 4 E. 332. 
 when tenant entitled to redress for unlawful, by suit at law, not in equity, 
 
 4E. 332; 2L. 370; 7 L. 660 
 
DISTRESS— DISTRICT COURT. 187 
 
 DISTRESS, Continued. 
 
 common law rules as to pleadings in replevin in force in Virginia, 2 L. 373. 
 
 what declaration for wrongful, should set forth, 2 L. 447. 
 
 goods remaining in tenant's possession are not exempt from, for rent, though 
 
 conveyed by deed of trust, 6 L. 236. 
 rights of landlord when jury disagree as to rent in arrear, 11 Gr. 411. 
 when officer levying, may make a second levy, 11 G. 411. 
 DISTRIBUTION; see Administration; Descent; Decedents' Estates; Personal 
 Reipresentative. 
 executor who distributes fund liable to unknown distributees whom he 
 
 does not pay, 2 C. 95. 
 how personal estate distributed under act of 1792, 3 C. 105. 
 when illegitimate child entitled to equal, of estate with other children, 3 
 
 H. & M. 2-25. 
 as to, of personal estate of infant dying intestate between 1 Oct., 1793, and 
 Jan. 22, 1802; and between Jan. 1, 1787, and Oct. 1, 1793, 4 H. & M. 487. 
 who should be parties to a suit for, of the residuum of an estate, 2 M. 148. 
 court cannot decree, to person not a party, 2 M. 148. 
 
 executor not compelled to make, of residuum until bond given by dis- 
 tributee, 2 M. 148. 
 when executor may assign bonds taken for property sold to persons entitled 
 
 to, 4 M. 360. 
 equal, of slaves being impossible, equity vyill compel party getting excess 
 
 to pay for difference, 3 C. 13. » 
 
 when excess in, of slaves is to be paid to executor, 3 M. 29. 
 who necessary parties to, under will in this case, 3 M. 43. 
 what is period of, named in the will in this case, 6 E. 41. 
 after great lapse of time an incomplete, cannot be impeached, 5 L. 88. 
 distributee incompetent witness for administrator unless he has released 
 
 his interest, 8 L. 88. 
 executors in their own wrong liable to distributees; cannot rely on statute 
 
 of limitations, 9 L. 79 
 distributees may assert rights in equity, but cannot have, unless executor 
 
 is a party, 9 L. 79. 
 rule as to distributee purchasing of administrator, enjoining collection of 
 bonds for purchase money, and exception thereto, 5 L. 324 ; 2 Rob. 628. 
 distributees receiving assets responsible for intestate's debts to amount of 
 
 assets received, 1 G. 96, 431. 
 one distributee cannot sue for his share of estate without making other 
 
 distributees parties, 9 G. 273. 
 distributee who is guardian of another cannot sue in his own name as 
 
 guardian for ward's interest, 9 G. 273. 
 by husband administrator of his wife, J. 72. 
 sisters entitled to, during suspension of act of 1792, Wy. 291. 
 children of next of kin to intestate not excluded from succession to share 
 their stock would be entitled to, when, Wy. 302. 
 DISTRICT COURT; «€e Cawrt. 
 
188 DISTRICT OF COLUMBIA— DOWER. 
 
 DISTEICX OF COLUMBIA, 
 person residing in, at time its cession cannot vote in Virginia, 3 M. 579. 
 what may be pleaded to debt on judgment of the, 8 L. 628. 
 
 DISTRINGAS. 
 
 does not lie against executors of sheriff to compel them to sell property 
 taken by him under a,fien-i facias, 1 C. 295. 
 
 after, on judgment in detinue, returned executed but not satisfied, what 
 court may order ; and when a new, may be issued, 5 M. 166. 
 
 notice of a motion to supersede a, need not be given by plaintiff to defen- 
 dant, 5 M. 166. 
 
 plaintiff in detinue not entitled to issues of defendant's lands or other 
 property, received by sheriff on a, 5 M. 166. 
 DIVISION ; see Jdislrihulion. 
 DIVOECE ; see Alimony ; Husband and Wife ; Marriage. 
 
 Code 1860 ch. 109" §7 as to, a men$a, construed, 21 G. 43 ; 22 G; 168. 
 
 jWhat no grounds for, or alimony to wife, 22 G. 168. 
 
 when on, amensa child given to husband, 22 G. 168. 
 
 rales of pleading and evidence in suits for, 30 G. 307. 
 
 and alimony refused wife ; children given to husband, 30 G 307. 
 
 what is desertion or cruelty necessary to authorize a, 30 G. 307. 
 
 when, a vinculo granted husband for desertion, 31 G. 13. 
 
 principles regulating allowance of alimony, 31 G. 13, 
 DOCKET. 
 
 when cause should be put on the court docket, 4 H. & M. 448. 
 DOCKETING JUDGMENTS ; see Judgment. 
 
 what a proper docketing of a judgment, 28 G. 617. 
 
 decree not actually put on docket is not duly docketed, 33 G. 473. 
 DOMICILE. 
 
 distinction between domicile and residence, 30 G. 718. 
 
 who a resident of Virginia under attachment law, 30 G. 718, 
 DONATIO MOETIS CAUSA. 
 
 a delivery by donor to donee indispensable to validity of a, 4 G. 472. 
 
 bond either of stranger or of donor may be the subject of a, 11 G. 182. 
 DONATION. 
 
 in whom, of churches in Virginia, J. 107. 
 DOWEE ; see Husband and Wife; Widow. 
 
 when assignment of, not set aside but excess corrected, 3 C. 13. 
 
 widow not entitled in lieu of, to third of money received by husband for 
 land sold during coverture, 3 C. 13. 
 
 when heir cannot bring trespass before an assignment of, 3 C. 181. 
 
 when widow not renouncing will barred of, in undevised slaves, 4 C, 92. 
 
 determinable fees are subject to, 4 C. 321. 
 
 when widow entitled to, in land, but not in mill thereon, 5 C. 433. 
 
 though widow does not renounce will in a year, she gets, 5 C. 481. 
 
 court cannot decree, of lands without the State, 5 C. 481. 
 
 when widow renouncing will entitled to, in slaves, 6 C. 101. 
 
DOWER. . 189 
 
 DOWER, Continued. 
 when, given in equitable estate contracted to be conveyed to husband, 1 
 
 H. & M. 92. 
 against vfhom a writ of unde nihil hahet should be brought, 1 H. & M. 368. 
 before Jan, 1, 1787, there was no, in an equitable estate, 3 H. & M. 322. 
 any estate conveyed for wife's jointure may be averted to be so intended, 
 
 and parol evidence admissible as to such intent, 4 H. & M. 23. 
 guxre, whether widow entitled to, in lands sold but not conveyed by hus- 
 band, 4 H. & M. 376. 
 amount found by jury as value of, (in proportion to estate in remainder) 
 
 decreed to tenant in, in this case, 4 H. & M. 459. 
 slaves belonging to widow as, belong to second husband during her life, 2 
 
 M. 501. 
 wife relinquishing, in consideration of other property, allowed value of, 
 
 out of said property as against husband's creditors, 4 M. 251. 
 what not a relinquishment of, 4 M. 346. 
 when plaintiff in ejectment may recover against widow in possession of 
 
 land and with right of, 5 M. 346. 
 qiisere, whether wife of party executing trust to secure purchase money 
 
 entitled to, 5 M. 346, 
 when widow may have land sold to pay husband's debt and get, of residue 
 
 of purchase money, 13 G. 195. 
 what provision in will held not to be in lieu of, 14 G. 518. 
 what held an election under the will and vridow not entitled to, 14 G. 518. 
 principles of election by widow between, and the will. When she must 
 
 elect, 14 G. 540. 
 in seUing land coxirt wiU provide for wife's contingent right of, 15 G. 83. 
 / as to allowing compensation to widow for, against her consent, 16 G. 264. 
 when county court may assign ; basis of; mansion house not included in, 
 
 as of right, 19 G. 556. 
 when new assignment of, may be made, 21 G. 60. 
 as to right of widow to occupy farm, &c., until, is assigned, 1 L. 449; 9 G. 
 
 242. 
 provision in lieu of, not disturbed as fraudulent except as to excess over, 
 
 GU. 209. 
 parting with right of, sufficient consideration for deed of other property 
 
 to wife, 1 E. 219 ; 2 E. 563. 
 what not waste in tenant in, of coal lands, 1 E. 258. 
 widow not entitled to, in land mortgaged before her marriage, 1 B. 344. 
 when assignment of, made by commissioners^ binding on widow and heirs, 
 
 2 R. 418. 
 heir can assign. When widow liable for rents of all but, lands, 2 E. 418. 
 devise of estate for years or provision in personal estate no bar to, 3 E. 361. 
 not given in lands in which husband had reversion, 2 L. 29. 
 allowed widow if conveyance to her declared void, 2 L, 29. 
 husband paying rents of, land to heir, cannot recover them back, 2 L. 76. 
 wife of vendee not allowed, when deed to him and trust deed to secure 
 
 purchase money one transaction, 4 L. 30. 
 
190 DOWER— DRAWEE AND ENDORSER. 
 
 DOWER, Continued. 
 of lands conveyed by husband valued as of time of conveyance, 4 L. 498. 
 there is no, if husband entitled to remainder in fee after a freehold estate, 
 
 12 L. 248. 
 when recission of contract for sale of land precludes, of vendee's widow, 
 
 12 L. 264. 
 what land held by partners subject to, 12 L. 264. 
 
 land sold by court to pay purchase money not subject to, when, 2 Eob. 384. 
 how present value of, calculated, 2 E, 384. 
 when parties can require interest on one-third of proceeds of land to be 
 
 paid to widow, 2 Eob. 384. 
 when widow entitled to one-third of profits of land during life, 2 Eob. 507. 
 when widow entitled to take under a will and also to have, 8 G. 83. 
 what agreement in contemplation of marriage a bar to, 11 G. 434. 
 when allowed, though there is a trust on the land for purchase money, 11 
 
 G. 441. 
 present owner of land sold In husband's life time only necessary defendant 
 
 in bill for, in said land, 11 G. 441. 
 ■a specific sum cannot be decreed in lieu of, without assent of all parties, 
 
 11 G. 441 ; 16 G. 264 ; 32 G. 387. 
 in what land widow entitled to, in this case. How purchaser compensated, 
 
 25 G. 278. 
 rights of wife who conveyed her, on condition that other property should 
 
 be settled on her, 25 G. 587. 
 when right of, not barred by Code 1873 ch. 106 ?4, 27 G. 560. 
 devisee's widow entitled to, in this case, 27 6. 568. 
 when, assigned in kind as against creditors. When compensation given; 
 
 27 G. 922. 
 rights of wife as to, when land was encumbered when bought by husband, 
 
 29 G. 99. 
 when and how widow remaining in possession of mansion house allowed 
 
 for taxes and purcljase money paid by her, 32 G. 752. 
 liability of widow for rent while occupying house before assignment of. 
 
 How rent fixed. When no security required, 32 G. 752. 
 widow held entitled to, slaves, &c., under marriage settlement, Wy. 90. 
 widow not precluded by assignment of, by court if not a party, Wy. 90. 
 rights of wife if property settled on her in lieu of relinquishment of, 27 
 
 G. 587. 
 when sale of land before, assigned, premature, 27 G. 922. 
 what bill for, in separate tracts of land aliened by husband to several par- 
 ties not multifarious. Who proper parties, 2 P. & H. 198. 
 widow not entitled to, in land which husband bought at trust sale after- 
 wards declared void, 33 G. 83. 
 
 DRAWEE AND ENDOESEE ; see BiU of Exchange ; Chech ; Endorser ; 
 Endorsement ; Promissory Note. 
 what is reasonable notice of protest on a foreign bill, 1 W. 331. 
 
DKAWER AND ENDORSER— DUEL. 191 
 
 DRAWEE AND ENDORSEE, Continued. 
 
 what constitutes a joint endorsement. Wlien one joint endorser may sae 
 other for contribution, 3 C. 538. 
 
 person endorsing bill of exchainge as security may recover from drawer, 4 
 C. 402. 
 
 when endorser may file bill in equity to cause defendant to indemnify him 
 against his endorsement, 4 C. 402. 
 
 biU payable to " P. or his order only " is restricted as to its negotiability, 
 4 C. 4J1. 
 
 when on plea of nil debet drawer may prove that no consideration was paid 
 for bill, 4 C. 411. 
 
 when if endorser paid value equity will relieve against judgment against 
 him on ground of surprise, 4 C. 411. 
 
 when person putting his name on bill of exchange in blank liable as en- 
 dorser, when not liable, 6 C. 5. 
 
 when dfawer of draft entitled to credit for amount of it on judgment 
 against him, 4 M. 487. 
 
 holder of bill of exchange can strike out endorsers subsequent to first and 
 fill up assignment over name of first to himself, 5 M. 388. 
 
 when payee of draft or order may recover of drawer on drawee's failure 
 to pay, 6 M. 3. 
 
 exceptions to rule that assignee of note must sue drawer in order to charge 
 endorser, 6 M. 391. 
 
 what arrangement with one endorser is no fraud on holder of bill of ex- 
 change, 4 E. 553. 
 
 when notice of non-acceptance and non-payment need not be given endorser, 
 4 E. 553. 
 
 how bail obtained on a joint action against drawer and endorser of nego- 
 tiable note, 4 E. 152. 
 
 of single bill under seal, payable and negotiable at Farmers' Bank, cannot 
 be sued jointly, 4 R. 253. 
 
 what must be proved to hold endorser on bill, of which acceptance and 
 payment both refused, 2 L. 321. 
 
 authority to redraw is no waiver by drawer of notice of dishonor of first 
 bill, 4 L. 37. 
 
 DRUNKENNESS, 
 whilst in discharge of duty should cause removal of a judge, 1 V. C. 156, 
 
 308. 
 as to effect of, when crime was committed, 20 G. 860. 
 
 DUEL, 
 when witness refusing to testify in regard to, committed for contempt, 1 
 
 V. C. 270. 
 what indictment for sending a challenge need not set out, 2 V. C. 516. ' 
 indictment held bad for uncertainty, 6 L. 613. 
 what indictment at common law bad on demurrer, 9 L. 603. 
 
192 DUEL— DYING DECLARATION. 
 
 DUEL, Continued. 
 
 ' when surgeon not compelled to testify as to a, 24 G. 624. 
 party aiding in' a, may be removed from office by quo warranto, 28 G. 130. 
 
 DURESS. 
 
 when plea of, held bad, 22 G. 888. 
 DYING DECLAKATION ; see Criminal Jurisdiction amd Proceedingi. 
 
 when admissible in cases of murder, 2 V. C. 78, 111 ; 3 L. 786 ; 2 G. 59.4. 
 
 what statements of deceased competent evidence as his, 26 G. 963. 
 
 when on trial for murder, evidence against the prisoner, 2 G. 594. 
 
EASEMENT— EJECTMENT. 193 
 
 E. 
 
 EASEMENT ; see Corporation ; Highway ; Road. 
 when court will enjoin vendor who gives vendee verbal assurance of an, 
 
 from disturbing it, 2 M. 468. 
 when court will compel covenantor to keep streets open, 6 M. 306. 
 what possession, &c., of land by State held sanction of contract by county 
 
 court for its purchase, 2 L. 596. 
 . twenty years' possession of the use of, necessary to give a right, 3 L. 318'; 
 
 5 E. 58. 
 proof of declarations as to, overcome by subsequent acts of ownership, 1 
 
 Eob. 186. 
 right of public to, in street not affected by controversy between plaintiff 
 
 and city as to ownership of soil, when, 15 G. 528. 
 when purchaser of one of two adjoining lots gets it free from, as to drain, 
 
 23 G. 1, 
 when no, is created if two lots owned by same person, 23 G. I. 
 when use of dock in connection with wharf would pass as an, when not, 
 
 23 G.' 251. 
 principles as to, for support of land and buildings, by owners of adjacent 
 
 lots, 27 G. 77. 
 when, of support presumed. When lot owner liable for caving in of adja>- 
 
 centlot, 27 G. 77. 
 relief given in this case, 27 G. 892. 
 
 what a valid acceptance by a town of an, what not, 31 G. 713. 
 when a dedication and acceptance of a street presumed, 31 G. 7113. 
 party having covenant against incumbrances not relieved because of, never 
 
 used and which has caused no damage, 33 G. 489. 
 ECCLESIASTICAL JUEISDICTION. 
 
 qiisere, if in General Court, J. 96. 
 EDUCATION, 
 majority of voters necessary to carry act of March 5th, 1846, into execu- 
 tion, 4 G. 528.- 
 EJECTMENT ; see Possession; Unlawful Entry and Detainer. 
 
 1. Its General. 
 
 2. Evidence. 
 
 3. Pleading. 
 
 4. Peactice. 
 1. In Genebal : 
 
 plaintiff's title may be bought by defendant in, 1 W. 38. 
 
 after judgment for ;^laintiff in, trespass does not lie against one who was 
 
 not a party, unless there was an actual trespass, 2 C. 508. 
 party cannot object his own possession for twenty years against his own 
 
 deed given within that time, 3 C. 362. 
 when g^ntee cannot maintain, against tenant in possession, 3 C. 475. 
 patentee of waste lands need not enter to maintain, 1 M. 162. 
 when bargainee of person whose seisin is interrupted by entry, cannot 
 
 maintain, 1M.162. 
 
 25 
 
194 EJECTMENT. 
 
 EJECTMENT, In Genekal, Continued. 
 assignee of mortgage may recover in, in like manner as mortgagee, 4 
 
 M. 382. 
 when plaintiff in, may recover from widow in possession of hu.sband's land, 
 
 5 M. 346. 
 when plaintiff cannot recover on ground of prior possession of lessors, 5 
 
 M. 374. 
 when cestui que trust may maintain, in his own name, though legal estate is 
 
 in trustee, 6 M. 38. 
 plaintiff in, may recover under one or other of two demises of same land 
 
 from different persons, 6 M. 38. 
 when heirs of patentee of waste lands may recover in, 1 M. 4.54 ; 6 M. 303. 
 when plaintiff cannot recover on a demise from a dead person, or from bar- 
 gainee of his heirs, 1 M. 454 ; 6 M. 303. 
 when verdict and judgment in, no bar to subsequent suit for same land, 6 
 
 M. 433. 
 record in, not conclusive evidence of date of demise, in action for mesne 
 
 profits, but is as to title, 2 E. 353. 
 trustee holding legal title may inaintain, after trust is satisfied, 2 K. 422. 
 when several tenants claiming severally may be sued in one action of, 3 
 
 E. 462. 
 when lies by commonwealth for site of abridge on a public road, 3 G. 258. 
 party holding land under color of title for fifteen years may bring, against 
 
 trespasser, 4 G. 129. 
 maintained against party in possession under a perpetual equitable lease, 
 
 4 G. 235. 
 when party may recover in, upon his possession merely, 11 G. 172 
 not maintainable on deed in this case, it being too uncertain, 9 G. 201. 
 may be brought against several persons in possession of any part of land 
 
 claimed, 4 E. 74. 
 when cannot be maintained on the demise of an insolvent debtor, 2 Bob. 
 
 200. 
 distinction between forcible entry and detainer and, 12 G. 462. 
 when grantee of land held adversely may maintain, 13 G. 587. 
 heir of patentee of land forfeited for taxes cannot maintain, 15 G. 190. 
 when purchasers under a decree which is reversed cannot sue their tenant 
 
 in, 15 G. 213. 
 if title of plaintiff would have been sufficient in a writ of right it is good 
 
 in, 17 G. 445. 
 case of comparison of titles in, 17 G. 445. 
 
 when lies against veudee who has not fulfilled his contract, 18 G. 475. 
 recovery in, subject to casement to use laud as a street. Easement not 
 
 affected by action of, 15 G. 528. 
 possession must be terminated by demand or otherwise before bringing, 18 
 
 G. 475. 
 vendor cannot bring, against vendee without notifying him to surrender 
 lajQd, 24 G. 512. 
 
EJECTMENT. 195 
 
 EJECTMENT, Continued. 
 
 2. Evidence : 
 
 nnrecorded deed if proved is, 1 "W. 319. 
 
 defendant may prove that plaintiff's patent was obtained contrary to law, 
 
 4 C. 213. 
 cannot be introduced to prove patent was irregularly obtained, 1 H. & M. 
 
 306. 
 decree in partition suit not evidence in, against vendee of a party to said 
 
 suit, 2 H. & M. 345. 
 desree directing a conveyance is not, of title, 3 H. & M. 136. 
 what agreement is an admission of possession by the defendants, 2 M. 453. 
 when trustee competent witness to prove due advertisement of property, 
 
 3 >I. 170. 
 when decree in favor of assignee of mortgage settles question as to any de- 
 fect in it, 4 M. 382. , 
 what statement in bill of exceptions shows adverse possession in those 
 
 from whom lessor of plaintiff claimed, 5 M. 7. 
 when jury may presume possession by lessor of plaintiff, and for what 
 
 time, 5 iVi. 346. 
 when, not going to show a title in lessor of plaintiff excluded, 1 E. 255. 
 act ot jeofails does not alter rule that evidence must be relevant, 1 K. 255. 
 what evidence admissible in defence of action of, 2 L. 134. 
 endorsement on a deed ^iven in evidence is evidence also, 5 L. 422. 
 evidence of disclaimer by devisee of lands devised him, must be in writing, 
 
 1 Eob. 94. 
 conveyance presumed from long possession, &o., when, 33 G. 429. 
 
 3. Pleading : 
 
 demise laid before title accrued cannot be taken advantage of after issue 
 joined, 2 R. 353. 
 
 proceedings if term expires before decision of cause, 1 M. 218. 
 
 plaintiff may recover less land than quantity stated in declaration, 1 M. 
 162. 
 
 what no ground for arrest of judgment, after verdict on one count in decla- 
 ration, 3 M. 93. 
 
 what uncertainty in the descriptioii of the subject tolerated, 2 E. 549. 
 
 declaration held defective on a demurrer, 14 G. 526. 
 
 what in effect a waiver of a plea in abatement, 16 G 434. 
 
 a plea in abatement is admissible in action of, 16 G. 434. 
 
 who proper parties in this case, 22 G. 224. 
 
 what return on a rule to plead sufficient, 33 G. 180. 
 
 4. Pkactice : 
 
 special verdict need not find seisin in the crown, 1 W. 34. 
 verdict set aside as uncertain and contradictory, 1 W. 282. 
 ■judgment should always pursue verdict, 2 W. 276. 
 jury may render privy verdict to clerk or deputy by consent of parties, 1 
 
 C.246. 
 when and how court may extend verdict, 1 C. 246. 
 how cause is matured for trial, 1 C. 429. 
 
196 EJECTMENT. 
 
 EJECTMENT, Practice, Continued. 
 
 if demise and ouster be laid prior to plaintiff's title, it is cured by act of 
 jeofails, 3 C. 362. 
 
 if there are three defendants and issue as to one only and verdict for plain- 
 tiff, it is not error, 4 C. 213. 
 
 after judgment for defendant, appeal and death of appellee, suit abates, 6 
 C. 44. 
 
 it makes no difference though term stated in declaration expired before 
 decision of case, 1 H. & M. 171. 
 
 neither action of, nor appeal from a judgment in, abates by death of lessor 
 of plaintiff, 1 H. & M. 531 ; 3 H. & M. 614 ; 2 M. 453 ; 3 M. 191. 
 
 not error to proceed without security for costs if not required, 2 H. & M. 
 31,614. 
 
 judgment will be against plaintiff claiming under a deed of trust, when 
 defendant had adverse possession when it was made, 5 M. 7. 
 
 what objection futile after jury have found twenty years' possession in 
 plaintiff, 2 H. & M. 318. ' 
 
 verdict not finding boundaries with certainty is uncertain and defective, 1 
 M. 163 ; 6 M. 25. 
 
 judgment for plaintiff on a demurrer to evidence, 2 M. 200. 
 
 when lessor dies pending suit, judgment and possession given as if he were 
 living, 2 M. 4.53. 
 
 though lessor of plaintiff claim for life only, appeal does not abate by his 
 death, 3 M. 191. 
 
 effect of a judgment for plaintiff in, ■ 4 M. 382. 
 
 when judgment may be for land " according to survey filed in the case," 4 
 M. 468. 
 
 when plaintiff can have writ of possession on motion, without a sd. fa., 6 
 M. 185. 
 
 when, if term expires, court will order it enlarged, 6 M. 185. 
 
 special verdict set aside for several defects, 6 M. 277. 
 
 when plaintiff laying several demises in declaration can have but one ex- 
 ecution, 3 E. 462. 
 
 new trial granted if verdict founded on mistake and does injustice, 3 E. 
 475. 
 
 special verdict in, by tenant in common against co-tenant, must find ac- 
 tual ouster, 10 L. 457. 
 
 when court may give judgment for plaintiff for one tract and for defend- 
 ant for another, on a special verdict, 1 Rob. 123. 
 
 agreement by party in possession to lease from plaintiff if his title is good, 
 no bar to recovery, 4 G. 235. 
 
 when a general judgment for costs against two defendants proper, 4 G. 
 129. 
 
 what verdict sufSciently certain. Though plaintiffs claim whole tract, jury 
 may. find for them an undivided interest in it, 11 G. 78. 
 
 when allowance of interest on profits improper and treated as surplusage 
 in verdict, 13 G. 219. 
 
EJECTMENT— ELECTION. 197 
 
 EJECTMENT, Practice, Continued. 
 when defendant in possession of part of land cannot complain if judgment 
 
 is for whole, 13 G. 587. 
 verdict held too vague to enable officer to deliver possession, 14 G. 526. 
 how claims for mesne jirofits and improvements passed on by jury, 16 G. 
 
 336. 
 when defendants may set up outstanding title in another, 14 G. 30. 
 as to setting up title imder a tax sale against original owner, 15 G. 213. 
 fact that patentee was dead when patent issued may be shown, 16 G. 59. 
 when landlord may be made defendant in, against tenant, 17 G. 445. 
 when judgment separate against each of two defendants, 22 G. 224. 
 verdict, judgment and description qf land held sufficient, 24 G. 516. j 
 landlord of person in posses.sion may come in and defend action, 32 G. 107. 
 office judgment in, is not final without intervention of court or jury, 16 G. 
 
 424 ; 33 G. 180. 
 defendant in, may move court at a subsequent term to set aside office 
 
 judgment and allow him to plead, 33 G. 180. 
 what return on a rule to plead in, held sufficient, 33 G. 180. 
 conveyance of land presumed from long possession, &c., when, 33 G. 429. 
 when too late to object that same jury tried cause and fixed value of 
 
 land, rents, &c., and improvements, 33 G. 278. 
 when party in possession of laud allowed for improvements, but must ac- 
 count for rents and profits, 33 G. 685. 
 ELECTION ; see Bower ; Husband and Wife. 
 of creditor to make application of payment, 1 W. 128. 
 plaintiff after electing to try at law cannot go into equity, 1 W. 185. 
 when party may elect to proceed lay motion or at common law, 1 C. 243. 
 when defendant can amend plea or have issue on former plea tried, 20. 1. 
 when entry on real estate shows, of widow to take a jointure, 4 H. & M. 
 
 23. 
 when party must make, between a pending suit and a bill for relief, 4 H. 
 
 & M. 415. 
 rights of party having, to have survey of land made, 4 M. 332. 
 right of purchaser having, to restore personal property to vendor. His 
 
 liabilities, 5 M. 507. 
 infant has, to takp land devised to be sold, or money. Court may elect for 
 
 him, 2 K. 404. 
 taking administration by widow is not an, to take under the vrill, 2 L. 41 9. 
 case in ^hich there must be an, to claim under the will or deed, 3 L. 389. 
 mothers of infant slaves can make, for them, 4 L. 252. 
 there can be no, as to application of payments, if only one debt due when 
 
 payments were made, 5 L, 329. 
 party need not elect if he have distinct grounds for legal and equitable 
 
 relief, 1 Bob. 308. 
 executor cannot elect to hold legacy as guardian of legatee, until it is pay- 
 able, 2 G. 319. 
 party cannot claim under a will and against it, 2 G. 493. 
 
198 ELECTION— ELEGIT. 
 
 ELECTION, Continued. 
 when rule that a party cannot claim under and against a will applies, 5 
 
 G. 63. 
 wife's heirs may claim her land sold by husband, though they lake 
 
 devises and legacies under his will, 5 G. 63. 
 when, to sell land in time specified, not defeated by party's death before 
 
 its sale, 6 G. 66. 
 when party may keep legacy and not give up other property, 6 G. 372. 
 what not evidence of, of land directed to be sold and proceeds divided, 14 
 
 G. 369. 
 made under misapprehension, how relieved from, 1.5 G. 350. 
 when not necessary to shift liability from one set of sureties to another, 
 
 17 G. 289. 
 party electing to take land devised, must give up claim to his land devised 
 
 in same will, when, 21 G,35. 
 infant or married woman cannot elect to take land from administratrix, 
 
 28 G. 804. 
 when husband of married woman can elect for her, 28 G. 804. 
 will held not to require an, in this case, 30 G. 83. 
 ELECTIONS ; see Judge. 
 when court may vacate election and direct another, 20 G. 10. 
 county and corporation courts may remove a judge of election, when, 27 
 G. 133. 
 ELECJiT. 
 judgment does not bind lands after one year unless execution or, is-siie, 2 
 
 C. 125. 
 in 1770, could only issue into county where judgment was, 2 C.-125. 
 quxre, as to effect of act of 1772 as to, 2 C. 125. 
 what not sufScient grounds for quashing, in this case, 4 M. 546. 
 when title to land should not be disturbed on an, Gil. 196. 
 when under ?3 of statute concerning executions, may be taken out, 6 R. 
 
 618. 
 qusere, as to how land extendible, if two j udgments of different dates and 
 
 elegit on each, 1 L. 140. 
 equitable interest in this case could not be taken by, 2 L. 268. 
 sureties subrogated to lien of judgment creditor though no, sued out 
 
 within the year, 3 L. 272. 
 what not an eviction of title under an, 5 L. 102. 
 relief in equity to creditor whose, is quashed, against debtor's fraudulent 
 
 alienation, 7 L. 331. 
 when and for what, may issue after judgment on a scire facias for a new 
 
 execution, 8 L. 503. 
 when equity will decree sale of land subject to lieu of, 8 L. 503. 
 claims of purchaser disallowed as against creditor who had issued, against 
 
 grantor, 2 Rob. 374. 
 form and manner of executing, on a judgment against a bankrupt rendered 
 
 before bankruptcy, 10 G, 580. 
 rights of debtor under. May sue for land extended, 22 G. 202. 
 
EMANCIPATION— ENDORSEMENT. 199 
 
 EMANCIPATION; see Freedom; Slaves. 
 
 slaves iijiiy bo emancipated by nuncupative will under 1 R. C. ?53, p. 433, 
 1 G. 129, 
 
 •what slaves emancipated by the will in this case, 2 G. 36. 
 
 slaves not emancipated by the will in this case, 2 G. 227. 
 
 a condition subsequent annexed to a provision for, void, 9 G. 537. 
 
 slaves carried to New York and emancipated, free, though returning to 
 Virginia, 10 G. 485. 
 
 when slaves emancipated by will, though sold under execution, may sue 
 in equity for freedom, 9 G. 708. 
 EMBEZZLEMENT ; see Griminal Jurisdiction and Proceedings. 
 
 offence of. under act of Feb. 9, 183t, not confined to owner or captain of 
 boat, 4 G. 532. 
 
 prisoner sent on for, of goods of one may be indicted for, of goods of an- 
 other, when, 8 G. 661. 
 
 what is an, of a check by surety of a building fund company, 32 G. 899. 
 EMBLEMENTS. 
 
 growing crops do not pass by word " appurtenances " in a will, 1 W. 53. 
 
 when, growing on lands specifically devised go into residuum of estate, 3 
 C. 75, 
 
 what crops passed by the devise in this case, 2 M. 234. 
 
 provisions as to, 1 R. C. p. 388, ?54, construed, 6 M. 514. 
 
 doctrine of, held not to apply to this case, 1 L. 297. 
 
 EMINENT DOMAIN ; see Ad Quod Damnum ; Inquisition. 
 
 ENDORSEMENT; see Bill of Exchange; Drawer and Endorser; Endorser; 
 Promissory Note. 
 
 when considered. part of a bond, 1 W. 11 ; 2 W. 130. 
 
 when considered in equity as made, 1 W. 326. 
 
 on note requesting payee to fill blank, authorizes him to do so, 2 W. 1 64. 
 
 when considered joint, though names written separately, 3 C. 538. 
 
 when clerk not authorized to endorse on fieri-facias that no security was to 
 be taken, 4 C. 151, 152. 
 
 blank, on promissory note may be filled by plain tiijf's attorney during trial 
 of cause, 5 C. 61. 
 . by clerk that suit is to attach defendant's effects, restrains application of 
 them, 6 C. 106. 
 
 principal bound by, of his attorney, though power was given him for an- 
 other purpose, G M. 428. 
 
 assignment of bonds or notes means more than. What it means, 2 K. 465. 
 
 blank, of a note is sufficient to vest a title in the holder, 5 E. 326, 
 
 what, on a deed considered a part thereof, 5 L. 423. 
 
 when, of credit on a bond repels presumption of paymeat, 2 Rob. 622. 
 
 of clerk on deed not conclusive as to date it was left for record, 2 G. 471. 
 
 what description of, does not vitiate indictment for forgery, 11 G. 822. 
 
 when if order of endorsements changed on renewal of note, endorser re- 
 Ueved, 4 G. 274. 
 
200 ENDORSEMENT— ENDORSER. 
 
 BNDOESEMENT, Continued. 
 in what order several accommodation endorsers of negotiable paper liable, 
 
 8G. 4. 
 on a bond, made at a subsequent day, is part of the bond, 9 G. 247. 
 on marriage contract, when a part of it. When cannot affect rights of 
 
 wife, 9 G. 286. •' , 
 what may be looked to if, on bond is equivocal, 10 G. 318. 
 held part of a bond and irreviocable, 10 G 318. 
 of overdue note does not relate back to its date, but is a new contract, 33 
 
 G. 23. 
 what necessary to invalidate title of holder of a negotiable note endorsed 
 
 in blank, and acquired in course of trade before maturity, 33 G. 377. 
 ENDORSER; see Bill of Exchange; Drawer and Endorser; Endorsement; 
 
 Promissory Note. 
 endorsee might recover against, of promissory note before III. & TV. Ann, 
 
 2 W.219. 
 handwriting of prior, need not be proved in suit against assignor of a bond, 
 
 1 C, 123, 
 inserting holder's name as payee in note endorsed in blank does not affect 
 
 liability of, 33 G. 377. 
 is discharged unless notice of protest is given him, 1 C. 232. 
 what a waiver of protest by an, of a note, 33 G. 160. 
 qusere, if without a special count, assumpsit lies by endorsee against, of 
 
 biU, 1 C. 232. 
 when factor cannot sell princjipal's property to pay endorsements made by 
 
 him, 3 C. 89. 
 joint, entitled to relief in ecjuity against co-endorser for half amount paid 
 
 by him, 3 C. 53^. 
 when in suit by assignee against, former suit against maker is not evi- 
 dence, 5 C. 61. 
 last assignee of promissory note cannot sue remote, 'i C. 16. 
 in suit against maker it is not always necessary to chirge, 5 C. 61 
 if last, strikes out former one and sues maker, he cannot charge former, 5 
 
 C. 61. 
 when agent who is, not responsible. Who first liable in this case, 5 M. 
 
 252. 
 on bill against maker and endorsers of note equity will fl-x debt on person 
 
 first responsible, 5 M. 252. 
 when accommodation, liable, though note fraudulently put in circulation, 
 
 4 M. 496; 5 M. 381. 
 rights of holder of bill of exchange endorsed in blank, 5 M. 3f*8. 
 when attachment in chancery lies to relieve, of note not yet due, 6 M. 17B, 
 giving time or making new contract with drawer of note does not dis- 
 charge, Gil. 305. 
 when comiietent witness to prove note was given ibr usurious considera- 
 tion, 3 R 316. 
 what arrangement between holder and, not a fraud on other endorsers, 4 
 
 K. 553. 
 
ENDORSER— ENTRY FOR LAND. 201 
 
 ENDORSER, Continued. 
 when notice of dishonor need not be given to, 4 R. 553. 
 what necessary to prove against, on note negotiable at Farmers' Bank of 
 
 Virginia, 5 L. 522. 
 what does not exempt holder from presentation, &.c., of note in order to 
 
 bind, 5 L. 522. 
 drawer and endorsers bound though note altered by plaintiffs, 8 L. 43. 
 first, of anote discharged for want of notice, &c,, 8 L. 164. 
 when holder cannot recover against, on the money counts in assumpsit, 9 
 
 L. 221. 
 when, has right to withdraw his endorsement, 8 L. 164. 
 what recital in deed not sufficient to make endorsers special creditors, 11 
 
 L. 309. 
 deed of trust to secure, is satisfied if he is discharged for want of notice, 12 
 
 L. 387. 
 endorsements for accommodation of drawer import a several, not a joint 
 
 liability, 1 G. 234. 
 payee cannot be a joint, vrith other persons, 1 Gr. 539. 
 when notice sent to, at one post office good, though he usually received his 
 
 mail from another post office, 2 G. 171. 
 party endorsing note payable at bank which has ceased to exist is not an, 
 
 but is liable as assignor or guarantor, 33 G. 23. 
 covenant held to bind, without protest of note or notice, 33 G. 160. 
 when wife endorsing a blank negotiable note bound, though it was fraud- 
 ulently filled up by husband, 33 G. 377. 
 ENTRY, 
 when title of heir ig abated he cannot convey it by deed of bargain and 
 
 sale before, 3 C. 488. 
 patentee of waste land need not make, thereon to maiiitain ejectment, 1 
 
 M. 162. 
 person whose seisin is interrupted by, &c., cannot convey by bargain and 
 
 sale, 1 M. 162. 
 when deed of person who has made, but is out of possession of land, con- 
 veys title, 3 M. 536. 
 ENTRY FOR LAND, 
 a reasonable degree of strictness required in, 1 C. 206. 
 what is a good, 2 C. 547. 
 
 what certainty required in, 3 C. 28 ; 6 C. 28 ; 9 G. 508. 
 only first steps towards title. When notice by surveyor presumed. When 
 
 subsequent locator not postponed by survey, 3 C. 259 . 
 entry in council book followed by order of council gave priority of grant, 
 
 4 C. 21. 
 actV)f 1779 adjusting pay of soldiers, &c., only restrained future entries, 
 
 4 0.268. 
 when party failing to enter caveat cannot get relief against patent granted 
 
 another, 5 0. 261. 
 act as to inclusive surveys does not extend to land held by entry only, 
 3 C. 495. 
 
 26 
 
202 ENTRY FOE LAND— EQUITY. 
 
 ENTEY FOE LAND, Continued. 
 cannot be made under a warrant which is exhausted by prior entries, 3 
 , C. 495. 
 purchase of warrant and, not purchase of land until grant obtained, 4 
 
 R. 365. 
 in this case special and precise enough, 1 L. 353. 
 
 valid entry cannot be made on lands already entered by another, 8 L. 681. 
 an inclusive survey cannot be made of lands held by entry-only, 'i H. & 
 
 M. 55. 
 gusere, whether, in this case sufSciently certain, 1 M. 293. 
 instructions as to surveys of lands held not erroneous, 6 M. 271. 
 inchoate right to land held by entry and survey only, descends to heirs, 
 
 not to executors, 2 K. 206. 
 may not be assigned, 2 E. 206. 
 
 what necessary to make entry of waste and unappropriated land valid, 
 11 G. 309. 
 EQUITABLE ASSETS ; see Equity. 
 proceeds of land directed by will to be sold for payment of debts are, 4 
 
 H. & M. 57. 
 will in this case held to charge land with debts, 1 L. 465. 
 will in this case held to charge land with debts and legacy, 1 L. 487. 
 - proceeds of sale of an equity of redemption in land are, 2 6. 81. 
 
 equity of redemption in personal chattels is, though executor redeems 
 . them, 2 G. 81. 
 EQUITABLE DEFENCES ; see Equity. 
 
 EQUITY; see Account; Answer ; Bill of Discovery; Bill in Equity; BiU of 
 Bemew ; Bill Quia Timet; Commissioner in Chancery; Decree; Defen- 
 dant; Demurrer; Demurrer to Evidence ; Deposition ; Discovery ; Equita- 
 ble Assets ; Evidence ; Injunction ; Interlocutory Decree ; Issue out of Chan- 
 cery ; Parties; Pleading. 
 
 1. In General. 
 
 2. When it has Jueisdiction. 
 
 3. When it has not Jueisdiction. 
 
 4. Parties. 
 
 5. Pleadings. 
 
 6. Peactice. 
 
 7. "When Eeliep Given. 
 
 8. When Eelief Eefused. 
 1. In Geneeal : 
 
 plaintiff after electing to try at law cannot go into, 1 W. 185. 
 
 party compelled to pay value of land to which he could not make title, 5 
 
 C. 241. 
 he who asks, must do it, 6 C. 187, 204 ; 1 H. & M. 454. 
 creditors must exhaust personalty before they can resort to lands, 6 C. 308. 
 will not grant favor to one party by imposing conditions on the other, 1 H. 
 
 & M, 1. 
 when party must elect between suit in superior court of chancery and in 
 
 county court, 4 H. & M. 476. 
 
EQUITY. 203 
 
 EQUITY, In Gbneeal, Oontimied, 
 
 as to claim of devisee against rights of posthumous child in this case, 1 M. 
 373. 
 
 plaintiff comes with bad grace into, to enforce promise induced by his de- 
 lusive representations, 4 M. 273. 
 
 lapse of time does not defeat a right if presumption of abandonment re-- 
 butted, 4 M. 332. 
 
 when, stops proceedings as to right of possession it does not obstruct actions 
 as to right of property, Gil. 153, 
 
 land directed to be sold considered as money, when, 1 E. 313. 
 
 when, may sequestrate rents, &c., of mortgaged property, 1 G. 289. 
 
 a judgment is a lien on an equity of redemption and preferred to subse- 
 quent purchaser of it not having legal title, 10 G. 612. 
 
 when in suit on bond for hire of slaves credit allowed for hire of one not 
 delivered, 4 Q. 176, 
 
 what relief inappropriate if part of consideration of usurious bond was a 
 valid debt, 3 G. 165. 
 
 when surety entitled to his bond given co-surety for contribution, 4 G. 267. 
 
 decree selling land for debts does not bind devisees who are not parties. 
 Rights of purchaser in such case, 6 G. 320. 
 
 when error to sell land to pay debt, when not, 6 G. 40. 
 
 property to be held by trustee and profits applied to support of devisees 
 under this will, 10 G. 336. 
 
 person who qualified as administrator in Mississippi held to account-in 
 Virginia, 11 G. 792. 
 
 when executors, assignees of a bond, substituted to obligor's rights against 
 assignors, 11 G. 30. 
 
 money secured by deed of trust held to have been given and released to 
 grantor, 11 G. 210. 
 
 cannot a.ssign to creditor a specific portion of debtor's property, 6 E, 98. 
 
 devisees and legatees liable for debts of testator, in what proportion, 12 G. 
 628. 
 
 how present value of a legacy ascertained, 12 G. 628. 
 
 when real and personal estate equally liable to a judgment, 12 G. 60. 
 
 vendor's lien postponed to lien of creditor, 12 G. 372. 
 
 when land primary fund to pay trust debt due by purchaser who dies in- 
 solvent, 13 G. 195. 
 
 land sold to pay notes secured on it, which were paid in Confederate money, 
 when, 19 G. 366. 
 
 in what order equity of redemption liable to judgment liens, 21 G. 112. 
 
 ^usere, does will in this case create a trust for negroes, 14 G. 363. 
 
 case of deed of trust being security for any further debts of grantor, 19 G. 
 74. 
 
 when purchaser of land under a trust has good title without a deed from 
 trustee, 21 G. 112.. 
 
 how far trustee in deed, advancing money to pay the debt, is secured, 14 
 G. 102. 
 
 life tenant of slaves is a trustee apd responsible to remaindermen, 17 G. 160. 
 
204 EQUITY. 
 
 EQUITY, In Gbneeal, Continued. 
 how far an assignment of a legacy to executor to pay debts, made under a 
 
 mistake, good, 12 G. 628. 
 principles on which trustees' accounts should he stated, 17 G. 289. 
 when, and how, executor's accounts may be disturbed by suit in, 19 6. 
 
 438. 
 when land under a trust liable for debt before personalty, 13 G. 195. 
 out of what property rent should be paid, there being deeds of trust, 20 G. 
 
 229. 
 when time is of the essence of a contract for the sale of land, 21 G. 474. 
 with what purchaser charged if contract for sale of land rescinded, 21 6. 
 
 23. 
 debts apportioned so as to determine amount of legal and equitable assets 
 
 in hands of administrator, 17 G. 289. 
 how lands sold to different persons on same day subjected ;fco an existing 
 
 lien, 19 G. 366. 
 how loss apportioned among residuary legatees in this case, 19 G. 758. 
 gusere, is mortgagee entitled to compensation for managing property, 12 G. 
 
 541. 
 when, may subject debt due wife to pay debt due by her, 25 G. 481. 
 qusere, will, enjoin judgment if plaintiff is insolvent and defendant has a 
 
 set-off, 25 G. 704. 
 how conveyance in consideration of future support treated in, on suit by 
 
 grantor's Creditors, 26 G. 926. 
 when rights of assignee superior to those of vendee in unrecorded contract 
 
 26 G. 679. 
 equities between vendor and judgment creditors of purchaser, 26 G. 737. 
 gusere, can creditor whose debt is not due, sue in, to attach absent debtor's 
 
 property, 27 G. 805. 
 when guardian allowed principal expended, 27 G. 849. 
 rights of lien creditor of bankrupt. When he cannot proceed in, 27 G. 33. 
 when, will appoint receiver to rent out land, 28 G. 144. 
 when it is error to decree a sale of land, 28 G. 646, 815. 
 jurisdiction of circuit court of Richmond, 29 G 401. 
 as to right to relief in, against judgments for payments made to attorney, 
 
 29 G. 425. 
 jurisdiction of State court of, when defendant becomes bankrupt, 30 G. 
 
 531. 
 what relief proper to wife in case of divorce a vincvlo, 31 G. 13. 
 when, will try rights of parties to use of water power, 31 G. 36. 
 principles of, as to enforcing specific performance of contracts for sale of 
 
 land, 31 G. 379. 
 
 how maxim in pari delicto melior est conditio de/endmtia applied, 1 P. & H. 
 307. 
 
 sale of land by administrator c. t. a. held valid, 2 P. & H. 71. * 
 
 account surcharged after lapse of twenty-four years, 2 P. & H. 71. 
 
EQUITY. 205 
 
 EQUITY, In Gksteeal, Continued. 
 rights of vendee of land to be substituted to rights of judgment creditor, 
 and to set off judgment against bond for piirchase money, are equitable 
 rights, 2 P. & H. 178, 
 ■when ward not concluded in, by his receipt in full to guardian, 2 P. & H. 
 232. 
 
 when, can and cannot enjoin sale of slave of decedent's estate under a 
 wrongful levy,' 2 P. & H. 579. 
 
 what proper valuation of land sold for tobacco, Wy. 10. 
 
 when executors of surety on joint bond, who were discharged at law by 
 his death in principal's life time, charged in ; when not, Wy. 273. 
 
 a court of probate is a court of. "When it may correct errors after a final 
 decree, 32 G. 657. 
 
 when suit at law and one in, cannot be maintained at same time, 19 Gr. 62. 
 
 defendant in, cannot contest decree dismissing bill by a bill, of review or 
 appeal. He should file cross-bill, 2 P. & H. 110. 
 
 when cause sent back to prevent surprise on plaintiff, 3 G. 354. 
 
 when property clothed with a trust may be followed, 14 Gr. 338. 
 2. When it has Jurisdiction : 
 
 can enforce specific performance of marriage articles, 1 W. 47 ; 4 C. 231. 
 
 has jurisdiction where fraud is alleged, 1 W. 116. 
 
 can relieve against a penalty, 1 W. 118. 
 
 has jurisdiction to settle accounts, 1 W. 145. 
 
 may relieve against judgment rendered in another county, 2 W. 36- 
 
 a number of persons claiming same right may sue in, when, 2 C. 319. 
 
 courts of law and, have concurrent jurisdiction in cases of fraud, 4 C. 253. 
 
 can decree dower of lands lying in, but not out of, Virginia, 5 C. 481. 
 
 may compel conveyance of land lying out of State, or cancellation of fraud- 
 ulent deed of such land, 1 H, & M. 5. 
 
 can grant injunction to stay waste, though statute gives a remedy at law, 
 1 H. & M. 18. 
 
 when party interested may go into, to contest a will, 1 H. & M. 72. 
 
 When, will relieve partner who has withdrawn from firm, against a judg- 
 ment, 4 H. & M. 453. 
 
 jurisdiction confined to cases where there was no relief at law, 4 H. & M. 
 470, 491. 
 
 person with legal title to slaves may sue in, to prevent multiplicity of 
 suits, 3 M. 570. 
 
 when purchaser of land suing for failure to make title may come into, 5 
 M.29. 
 
 can decree repayment of money paid by mistake, 5 M. 183. 
 
 when superior courts of chancery have jurisdiction, though defendants 
 reside and land lies in another district, 5 M. 431. 
 
 can set aside fraudulent deed and make defendant restore property, or pay 
 for it, 6 M. 184. 
 
 if remedy at law is doubtful, has jurisdiction, 6 M. 313. 
 
 dismission of suit by court of, but not on the merits, no bar to jurisdic- 
 tion of another court of, Gil. 159. 
 
206 EQUITY. . 
 
 EQUITY, When it has Jueisdiction, Contimied. 
 will prohibit effect of contracts made in violation of law, 1 R. 76. 
 when, has jurisdiction of suit for recovery of slaves, 1 E. 355. 
 can always carry its own decrees into effect, 2 E. 93. 
 when, has jurisdiction of suit against partners though one a non-resident, 
 
 1 E. 300. 
 
 when, will try suit by illegal banking company against its agent, 4 L. 223. 
 
 can decree specific performance of award, 2 P. & H. 442 ; 4 E. 95. 
 
 can set up a lost instruntent, though courts of law have also jurisdiction, 
 
 4 K. 541. 
 party can sue in, in trustee's name to recover slaves, though he could also 
 
 sue at law, 1 L. 195. 
 held to have jurisdiction in this case for several reasons, 1 L. 163. 
 jurisdiction of, in case of surprise at law, 5 L- 296. 
 jurisdiction of, to relieve against unconscionable bargain, 5 L. 336. 
 jurisdiction of, to enjoin collection of purchase money of land, 5 L. 606. 
 has jurisd|iction of bill suggesting deficiency of personalty and asking 
 
 payment out of land, 6 L. 504. 
 vpill enforce ante-nuptial agreement against husband, 8 L. 1. 
 will subject estate of deceased partner to payment of firm debt, 8 L, 689. 
 will distinguish partnership and individual funds conveyed i)romis'quously, 
 
 8 L. 415. 
 will correct mistake in description of land in a deed, 9 L. 556. 
 can decree payment by defendant adjudged a conditional vendee, on bill 
 
 filed by vendor to redeem, 10 L. 251. 
 can sell land of partnership at instance of surviving partner, 10 L. 406. 
 will enforce decree against executor obtained in suit against his sureties, 
 
 2 G. 73. 
 
 when will take jurisdiction to avoid multiplicity of suits and to discover 
 
 unknown purchaser, 4 G. 257. 
 may enjoin removal of slaves from State on suit by next of kin or re- 
 mainderman, 5 G. 55. 
 can sell infant's lands unless expressly prohibited by statute, 6 Gt. 339 ; 
 
 see 18 G-. 651. 
 will take jurisdiction at suit of mortgagee on principle of marshaling'assets, 
 
 when, 6 G. 615. 
 when too late to object to jurisdiction, 6 G. 615, 
 can set aside fraudulent deed, grantor and grantee being non-residents, 10 
 
 G. 149. 
 may enjoin removal of iron ore from land, though owner might bring 
 
 trespass, 10 G. 386. 
 can compel an executor to deliver a specific legacy, 11 G. 724. 
 when will prevent building of dike along a stream, 12 G. 322. 
 when inhabitants of school district may file bill to test validity of act as 
 
 to schools, 13 G. 78. . 
 has jurisdiction to settle administration accounts of deputy sheriff, 14 
 
 G. 214. 
 when remaindermen may sue for slaves in, 17 G. 160. 
 
EQUITY. 207 
 
 EQUITY, When it has Jurisdiction, Continued. 
 
 as to authority of, to order sale of infant's lands, 18 G. 651. 
 
 when principal may sue agent in, 19 G. 62 ; 20 G. 672. 
 
 when members of a society may sue agent for an account, 21 G. 263. 
 
 when can settle accounts of trustees and agents, 21 G. 263 ; 31 G. 212. 
 
 can at suit of owners of unredeemed shares wind up a building associa- 
 tion, 22 G. 826. 
 
 when will proceed in cause, though it had not jurisdiction originally, 26 
 G. 112. 
 
 jurisdiction of State court when defendant becomes bankrupt, 30 G. 531. 
 
 general jurisdiction of, embraces all questions arising upon bequests for 
 charitable uses, or otherwise, 2 P. & H. 53. 
 
 can correct errors after a final decree, when, 32 G. 657. 
 
 has jurisdiction of this bill .by creditor and members of Mining Co. to 
 subject certain property, 32 G. 65. 
 
 may enjoin unlawful diversion of water course, 5 E. 58. 
 
 ■ to enforce payment (jf insurance, though policy had not been issued, , 31 
 G. 362. 
 
 when party may sue in, on policy of insurance, 32 G. 613._ 
 
 has jurisdiction of bill by administrator of principal against agent for 
 discovery and account, 33 G. 451. 
 
 3. WHBir IT HAS NOT JUEISDIOTION : 
 
 has not jurisdiction if there is an inadequate remedy at law, 1 "W. 142 ; 1 
 
 C. 224; 5 L. 119, 444; 3 G. 357. 
 cannot decree dower of lands lying out of the State, 5 C. 481. 
 if creditor has legal remedy against administrator he cannot sue in, 1 H. 
 
 & M. 10. 
 joint note made before act 1786 cannot be set up in, against representar 
 
 tives of dead obligor, 2 H. & M. 124. 
 cannot rehteve against judgment merely on ground that it was wrong, 2 H. 
 
 & M. 139 ; 2 M. 1. 
 when, after a party fully heard at law, he cannot go into, 2 H. & M. 408 ; 
 
 2 M. 244. 
 what no ground for relief to principal or sureties in forthcoming bond, 4 
 
 H. & M. 180. 
 defendant improperly ruled to trial has no remedy in, 4 H. & M, 180. 
 party not prosecuting appeal cannot come into, 4 H. & M. 455. 
 when will not entertain bill to enforce a secret trust, 4 M. 187. 
 when vendee submitting to arbitration has no relief in, against award, 5 
 
 M. 411. 
 when will not settle title and bounds of lands, 2 L. 192 ; 4 E. 74. 
 mechanic who built house must sue at law, not in, 2 E. 449. 
 when consent of two of the parties cannot give jurisdiction, 3 E. 394. 
 cannot grant redress for unlawful diversion of water course, 5 E. 58. ' 
 if proceeding under execution is void there is no redress in, 4 E. 427. 
 after grant issued, party claiming against grantee has not relief in, when, 
 
 5 E. 453. 
 
208 EQUITY. 
 
 EQUITY, When It has not Jueisdiction, Continued. 
 has not jurisdiction for breach of contract merely sounding in damages, 6 
 
 E. 658. 
 . has no jurisdiction of suit hy heir for slaves, 5 L. 149. 
 
 when court cannot examine propriety of, or set aside, decree made at for- 
 mer term, 6 L. 399. 
 quxre, can creditor maintain biU against execiitor of debtor for discovery, 
 
 account of assets, &c., 6 L. 504. 
 when party cannot have title to slaves quieted, 7 L. 320. 
 cannot enforce liability of justices or clerk for not taking a good bond, 1 
 
 G. 310. 
 cannot restrain one joint devisee from entering on land, at suit of tenant 
 
 of other devisee, 3 G. 126 
 ■when has not jurisdiction of bill to enioin an execution. 11 G. 625. 
 has no jurisdiction as to claim of title in this case, 2 L. 540. 
 has not jurisdiction of bill asking decree for slaves, 2 L. 572. 
 when has no jurisdiction to try validity of a deed, 13 G. 380. 
 when creditors cannot come into, to subject trust property, 13 G. 235. 
 when bill for discovery dismissed for want of jurisdiction, 16 G. 355 ; 23 
 
 G.42. 
 when has not jurisdiction to relieve against a judgment by default, 2-5 G. 
 
 146. 
 when has no jurisdiction though there is a fraudulent misrepresentation 
 
 in a deed, 2 P. & H. 532. 
 when suit at law and in, cannot be maintained at same time, 19 G. 62. 
 4. Parties : 
 when, on bill against one executor, the other should be a party, 1 W. 188. 
 when a number of persons claiming same right may sue in, 2 C. 319. 
 who proper, to bill of quia, timet in this (^ise, 4 C. 402. 
 in suit against a firm, executors of deceased partners should be, 5 C. 158. 
 purchaser of equity of redemption filing bill against mortgagee must make 
 
 mortgagor a party, 4 E. 451. 
 when oh appeal from interlocutory decree Court of Api)eals wiU direct 
 
 proper, to be made, 1 M. 119. 
 all persons secured by a deed are necessary, to bill assailing it, 5 G. 31. 
 when obligors and transferee of bonds should be, to suit in reference to 
 
 their transfer, 6 G. 154. 
 when executors and devisees should be, to bill to subject real and personal 
 
 estate to debt, 12 G. 60. 
 assignee should be party to suit to set aside deed under which he claims, 
 
 13 G. 15. 
 what not a misjoinder of plaintifis, 18 G. 526. 
 a number of captains of oyster boats may join in bill to test the validity 
 
 of license law, 20 G. 419. 
 widow a necessary party to suit for partition by the heirs, 12 G. 260. 
 aU having interest or color of interest should be, to suit construing will 
 
 12 G. 117. 
 who necessary, to this suit by a residuary legatee, 12 G. 642. 
 
EQUITY. 209 
 
 EQUITY, Parties, Continued. 
 
 trustee is a necessary party to suit to recover trust property sold by him, 
 13 a. 228. 
 
 purchaser under order of court a necessary party if validity of sale is ques- 
 tioned, 17 G. 15. 
 
 ■when sale made by court not set aside at instance of purchaser, trustee 
 not being a party, 19 G. 720. 
 
 vfhom creditor of corporation need not make, in suit for his claims, 14 
 G. 338, 
 
 when corporation should be party to suit to recover money devised to its 
 trustees,'20G. 124. 
 
 decree reversed for want of necessary, '21 G. 706. 
 
 when sou bom pendente lite, need not be made a party, 13 G. 152. 
 
 when pendente lite purchasers not necessary, 14 G. 102. •> 
 
 when remaindermen in slaves not necessary, 13 G. 404. 
 
 remaindermen under a defeated contingent limitation not necessary, 15 
 G. 551. 
 
 when assignor of chose in action not necessary, to bill by assignee, 18 G. 53. 
 
 when stockholders of corporation proper, to suit asking that it be declared 
 null. Whe^ not, 19 G. 592. 
 
 who proper, to bill for dower in separate tracts of land aliened by husband 
 to several parties, 2 P. & H. 198. 
 5. Pleadings : 
 
 wife may assert her right to provision, settlement, or by survivorship, by 
 petition or bill, 1 P. & H. 12, 
 
 answer is considered true when cause heard on bill and answer, 1 W. 162 . 
 
 answer, if contradicted by evidence, is deprived of its usual weight, 1 
 C. 190. 
 
 answer, if responsive to bill, is conclusive unless disproved, 1 C. 224. 
 
 whjCre discovery is sought by bill, answer is entitled to credit, 1 C. 280. 
 
 how error corrected if clerk omit to enter plea, 4 C. 528. 
 
 bill stating case too imperfectly to show merits should be dismissed, 4 
 C. 360. 
 
 bill in nature of guia timet must show grounds sustaining it, 4 0. 360. 
 
 answer must be contradicted by two witnesses, or by one and strong cir- 
 cumstances, 5 C. 537. 
 
 a bill of review must suggest error in law or newly discovered matter, 6 
 C.47. 
 ' bill to set up lost bond need not be supported by plaintiff's affidavit, 6 M. 
 202. 
 
 when plea setting up defence not authorized -by statute as to equitable de- 
 fences, cured by act of jeofails, 6 G. 304, 
 
 what plea under statute as to equitable defences relying on fraud in the 
 contract, should set out, 6 G. 393. 
 
 when plea of failure of consideration not authorized by statute as to equit- 
 able defences, 7 G. 297. 
 
 in suit on bond for price of slave, what plea under act as to equitable de- 
 fences may aver, 7 G. 310. 
 
 27 
 
210 EQUITY. , 
 
 EQUITY, Pleadings, Continued. 
 when rejection of plea under said act no ground for reversing judgment, 7 
 
 G. 310. 
 in what county bill to enjoin an execution must be filed, 11 Gr. 625. 
 when multifariousness alone no cause for reversing a decree, 18 G. 364. 
 when plea to the jurisdiction necessary, 16 G. 355. 
 if exceptions to answer unfounded, decree not reversed for failure to pass 
 
 on them, 14 G. 102. 
 effect of answer of a corporation, 13 G. 40. 
 general allegation of fraud not sufScient to raise question of fraud, 13 G, 
 
 380. 
 effect of answer in favor of party making it. Effect of disproving it, 17 G. 
 
 187; 18 G. 184. 
 effect of .answer on a trial at law, and on a bill for discovery, 17 G. 187. 
 effect of answer on privies, and when there is no replication to it, 17 G. 160. 
 court may believe part of an answer and disbelieve part, 19 G. 74. 
 effect of answer of executors to bill attacking settled accounts, 19 G. 438. 
 effect of answer denying insanity. What proof necessary, 20 G. 147. 
 proceedings in equity attachment should conform to strict rules of plead- 
 ing, 2 P. & H. 144. ^ 
 bill of review cannot be filed without leave of court, 18 G. 364. 
 when bill of review fatally defective, 21 G. 241. 
 when a cross-bill may be filed, 12 G. 642. 
 when answer may be treated as a cross-bill, 18 G. 931. 
 what plea of equitable defense in debt on bonds, properly rejected, 23 (J. 
 
 737. 
 how defense made under Code 1860 ch. 172 ?5 if deed procured by fraud, 
 
 24 G. 42. 
 , when if facts misrepresented, equitable defense may be made by plea at 
 
 law, 26 G. 467. 
 may decree against plaintiff in favor of defendant without a cross-bill, 
 
 Wy. 296. 
 answer need not be under oath unless discovery required. What evidence 
 
 will outweigh it, Wy. 328 ; 3 C 44. 
 answer not evidence for defendant of aflSrmative facts, 1 W. 224. 
 while defendant is in contempt, no plea or demurrer admitted save on 
 
 motion in open court, 4 H. & M. 504. 
 when two subjects of suit may be embraced in one bill, 19 G. 62. 
 when bill amended to make co-plaintiffs, 21 G. 263. 
 when unnecessary to set up claim by a cross-bill, 28 G. 80. 
 this bill not multifarious, 20 G. 672. 
 
 upon bill for slaves, act of limitations cannot avail unless pleaded, 5 L. 88. 
 defense of purchaser without notice, may be by answer or plea, 7 L. 393. 
 defendant may answer and demur at same time to same matter in bLQ, 7 
 
 L. 402. 
 when demurrer is overruled defendant may file answer, 1 G. 108. 
 demurrer to bill to recover land sold for taxes and bought by sheriff over- 
 ruled, 1 G. 158. 
 
EQUITY. 211 
 
 E QUITY, Pleadings, Continued. 
 relief given is limited by the pleadings, 2 G. 319; 3 G. 494. 
 bill in form of foreign attachment treated as bill for equitable relief, when, 
 
 6 G. 363. 
 a demurrer to a bill in the form given in the statute is sufficient, 25 G. 
 
 642. 
 when demurrer to bill sufficient in form and bill multifarious, 26 G 291. 
 creditors may intervene by petition in suit of legatees to surcharge ad- 
 ministration account, 2 P. & H. 124. 
 decree not reversed for party having no interest in property involved in 
 
 the suit, 2 P. & H. 53. 
 what petition by assignor of an interest does not make petitioner a party, 2 
 
 P. & H. 110. 
 defendant need not plead equitable set-off at law but may come into, 2 P. 
 
 & H. 178. 
 when bill not purporting to be a creditors' bill treated as such, 33 G. 548. 
 what amended bill not a departure from the original bill, 33 G. 548. 
 6. Practice : 
 when decree dismissing bill affirmed, without prejudice to another suit, 6 
 
 M.20. 
 bin on a void guardian's bond dismissed though taken for confessed as to 
 
 a surety, 1 G. 310. 
 when conrt of, will deprive plaintiff at law of an advantage, 1 W. 196. 
 answer js not evidence for defendant as to affirmative facts, 1 W. 224. 
 deposition not admissible against a new defendant in, 1 W. 230. 
 when, will consider an endorsement as made, 1 W. 326. 
 after answer and replication parties allowed six months to take deposition, 
 
 2 W. 191. 
 appeal does not lie from interlocutory decree of High Court of Chancery, 
 
 1 C. 54, 55. 
 
 how plea to the jurisdiction of a court of, is tried, 1 C. 382. • 
 
 if allegations of bill are denied by answer and not proved, bill dismissed, 1^ 
 
 C. 382. 
 adopts statute of limitations by analogy to the rules of law, 1 C. 419. 
 when court of, may order verdict certified and give final decree, 1 C. 500. 
 grounds on which new trials at law granted or refused, 1 C. 546. 
 when power of court of, over an appeal, ceases, 2 C. 198. 
 when plaintiff failing to prove item of account can recover on proper proof, 
 
 2 C. 358. 
 
 discretion of chancellor is to be exercised on sound principles, 2 C. 369. 
 
 how dissatisfaction of judge, who tries issue out of chancery, with verdict, 
 shown, 2 C. 369. 
 
 after three verdicts to same effect chancellor was right to decree accord- 
 ingly, 2 C. 369. 
 
 decree of Court of Appeals cannot be altered by court of, 2 C. 376 ; 5 C. 
 115. 
 
 how compensation fixed when, relieves against a penalty, 2 C. 421. 
 
 interest in, is not carried beyond the date of the final decree, 3 C. 23. 
 
212 EQUITY. 
 
 EQUITY, Practice, Continued. 
 
 what evidence will outweigh an answer, 3 C. 44 ; 5 C. 537. 
 
 deposition taken after appeal from interlocutory decree may be read in 
 Court of Appeals, 3 C. 89. 
 
 when equity is equal, the law will prevail, 3 C. 259. 
 
 party will be relieved against his own raistalie made before commissioner, 
 4 C. 364. 
 
 if bill charges fraud and testimony is conflicting an issue should be di- 
 rected, 4 C. 4 16. 
 
 when superior court of chancery may hear an appeal and certiorari to- 
 gether, 4 C. 489. 
 
 if answer deny contract stated in bill, it must be proved, 5 C. 232. 
 
 appeal lies if bill of review showing just cause is refused, 5 C. 459. 
 
 if decree be made against infants without answer, or no day to show cause 
 be given, it is error, 5 C. 459. 
 
 when court of, may decide cause without directing an issue, 5 C. 537. 
 
 how, will apportion relief if there was fraud by both parties, 1 H. & M. 33. 
 
 when, on death of either party, injunction will be dissolved unless suit is 
 revived, 1 H. & M. 203, 204. 
 
 erroneous entry of decree may be corrected on motion at next term, 1 H. 
 & M. 204. 
 
 should not decide controverted accounts without referring them to a com- 
 missioner, 1 H. & M. 543. 
 
 exhibit cannot be proved viva voce at hearing except by previous order of 
 court, 2 H. & M. 124 ; see 4 H. & M. 441. 
 
 mistake in writing referring to another may be corrected by the writing 
 referred to, 3 11. & M. 144. 
 
 in decree against infants time should be allowed them to object after com- 
 ing of age, 4 H. & M. 376. 
 
 what notice and affidavit necessary to obtain order allowing viva vote testi- 
 mony, 4 H. & M. 441. 
 
 report under order made when representatives of deceased party not be- 
 fore the court, set aside, 4 H, & M. 445. 
 
 report showing balance due, is not sufficient for order to pay money into 
 court, 4 H. & M. 446, ' 
 
 report made while cause stood dismissed will be recommitted, 4 H. & 
 M. 449. 
 
 a motion for an account is not regular ; it should be for a decree, 4 H. & 
 M. 451. 
 
 creditor admitted plaintiff may at once prove his claim before commis- 
 sioner, 4 H. & M. 475. 
 
 when order for an account should, and should not, be made, 4 H. & M.478. 
 how order to answer interrogatories should be made against defendant, 4 
 H. & M. 481. 
 
 while defendant is in contempt no plea or demurrer admitted save on mo- 
 tion in open court, 4 11. & M. 504. 
 effect of defendant's being in contempt to first process of court, 4 H. & 
 M. 504. 
 
EQUITY. 213 
 
 EQUITY, Practice, Cmtinued. 
 in suit against executors it is irregular to decree de bonis testatoris without 
 
 an account, 4 H. & M. 490. 
 defenjiant may move to set aside order for account, on paying costs before 
 
 commissioner, 4 H. & M. 505. 
 under prayer for general relief claim distinct' from that demanded cannot 
 
 be recovered, 3 M. 39. 
 when error to enter final decree against defendant without service of a 
 
 decree nisi, 3 M. 83. 
 in suit by legatees against executors and widow court will decree latter 
 
 sum due her, 3 M. 279. 
 if mortgagee recover at law upon a defective mortgage, will not regard the 
 
 defect, 5 M. 411. 
 when suit against assignor and assignee retained to give relief against 
 
 former, 6 M. 207. 
 when final decree by default may be set aside at a subsequent term, 6 M. 
 
 267. 
 defendants admitted to unite as plaintiffs, 6 M. 534. 
 iiaud not put in issue by pleadings cannot be introduced by depositions, 1 
 
 E. 249. 
 when issue should be directed to try whether absolute deed was intended 
 
 as security, 1 E. 249. 
 when account should be recommitted for further evidence, 1 E. 300. 
 a decree may be rendered between co-defendants, when, 2 E. 6 ; 11 G. 
 
 30 ; 19 G. 366 ; 28 G. 850. 
 when rule that, has not jurisdiction if there is a remedy at law, applies, 
 
 5 L. 119. 
 
 when decree cannot be objected to because cause not set for heating, 2 
 
 L. 192. 
 erroneous to make decree for plaintiff against one defendant in this case, 
 
 6 L. 399. 
 
 how far relief given under prayer forgeneral relief, 8 L. 510- 
 
 when partition decreed at suit of tenant by the curtesy and owner of re- 
 version, 2 G. 340. 
 
 equitable defences at law in ejectment under Sap. E. C. p. 159-60, 3 G. 270. 
 
 equitable defences at law authorized in replevin on distress for rent, 3 
 G. 91. 
 
 when, will retain cause and not direct a new trial at law. Plaintiff enti- 
 tled to account of trust subject, 5 G. 31. 
 
 when cause may be heard at an intermediate term, 5 G. 55. 
 
 what, may decree on setting aside fraudulent conveyance of land, 5 G. 84. 
 
 when too late to object to jurisdiction of court, 6 G. 615. 
 
 when retired partner can set off debts paid for old firm against his debt 
 due assignee of new firm, 6 G. 310. 
 
 allegations of bill are taken to be true on motion to dissolve injunction 
 before answer, 6 G. 64, 352. 
 
 bill to marshal assets. Court should not sell land until claims settled, 8 G. 
 496. 
 
214 EQUITY. 
 
 EQUITY, Peactioe, Continued. 
 how land subjected to judgment lien when there are several purchasers of 
 
 it, 10 G. 612. 
 sale of land should not be decreed until priorities of liens fixed, 10 G. 
 
 164 ; 15 G. 83. 
 proceedings if judgments are liens on land not included intrust, 10 G. 164. 
 quiere, can pretensions inconsistent with bill in first suit be set up in a 
 
 second suit, 11 G. 9. 
 when account ordered in a suit to set aside a deed, 15 G. 400 ; 17 G. 85. 
 claim to item not in commissioner's report abandoned, if no exceptions are 
 
 filed, 17 G. 85. / 
 
 authority of commissioner to grant continuances, 17 G. 187. 
 how trustees' accounts should be stated, 17 G. 289. 
 
 objection that party did not see order of publication as to taking an ac- 
 count, is not good, 18 G. 364. 
 commissioner is presumed to have regularly adjourned accounts, 18 G. 364. 
 report founded on incompetent evidence is bad though not excepted to, 18 
 
 G. 53. 
 administrator cannot object to special statement made at his instance, 20 
 
 G. 124. 
 commissioner collecting Confederate money under order of court, not liable 
 
 for its depreciation, 21 G. 194. 
 administrator may ask for construction of will. Slaves decreed free under 
 
 it, 12 G. 117. 
 will not decree sale of land until cloud on title is removed, 12 G. 410. 
 what done in this attachment suit by creditor, 12 (i. 440. 
 proceedings for sale of infant's lands irregiilar. What should be done, 12 
 
 G. 479. 
 rule of practice of U. S. Supreme Court in conflict with act of Congress is 
 
 void, 12 G. 60. 
 party doubting admissibility of his proof may have it decided before the 
 
 hearing, 12 G. 317. 
 when lapse of time, &c., authorizes court to sell a title otherwise bad, 12 
 
 G. 410. 
 claims which holder refuses to submit to commissioner should not be al- 
 lowed, 12 G. 410. ■ 
 rights of husband to recover wife's interests bequeathed by her to him, 13 
 
 G. 228. 
 when creditors' who have not recovered judgment cannot come into, 13 G. 
 
 235. 
 
 when executor may set up statute of limitations in exceptions to commis- 
 sioner's report, 13 G. 329. ^ 
 
 when court having possession of case will go on and do complete justice, 
 13 G. 683. 
 
 how court will proceed against special partner liable as a general partner, 
 13 G. 683. 
 
 court hearing cause before report returned a sufiioient time should correct 
 the error, 13 G. 235. 
 
EQUITY. 215 
 
 EQUITY, Peactice, Continued. 
 how errors in details of decree for account corrected, 13 G. 653. 
 when court will disregard special, and give relief under the general 
 
 prayer, 13 G. 672. 
 plaintiff's counsel may be appointed commissioner to sell, 14 G. 102. 
 when reference to a commissioner unnecessary, 14 G. 102; 21 G. 334. 
 infant's sale avoided ; first purchaser given no relief in suit by second, 15 
 
 G. 329. 
 proceeding by rule to resell land, purchaser not complying with terms, 15 
 
 G. 288. 
 what done in, if wife has signed first lien but not second, 15 G, 83. 
 when an exception to copy of a paper, should be made, 15 G. 83. 
 allegations of bill being false, it is dismissed for want of jurisdiction, 16 
 
 'G. 355. 
 if decree satisfied pending appeal, when order of restitution made, 16 G. 
 
 355. 
 when second examination of same witness allowed, 17 G. 187. 
 how decree made without appearance may be opened, 18 G. 364. 
 parties served with process cannot object that another was not served, when, 
 
 18 G. 364. 
 when cause will be referred bacK^ to a commissioner, 18 G. 304. 
 bOl seeking to correct errors in a decree by default, 18 G. 364. 
 proper objection if suits at law and, are pending for same cause, 18 G.475. 
 what inquiries made by commissioner iu suit to set aside deed for fraud, 
 
 18 G. 739. 
 when causes may be heard together, 19 G. 74 ; 20 G. 527. 
 sale should not be decreed until validity of lien is decided, 20 G. 658. 
 as to resale of land at an upset price, 20 G. 1. 
 when non-resident coparceners may file original bill to have sale made in 
 
 a former suit set aside, 20 G. 1. 
 when injunction dissolved, but cause retained to administer the trust, 20 
 
 G. 244; 21 G. 334. 
 what allowances proper for costs, &c., of a sale under order of court, 20 G. 
 
 244. 
 when court may direct an inquiry by a commissioner, 20 G. 377. 
 suit by administrator d. b. n. against executor of debtor to his intestate, 21 
 
 G. 446. 
 sale by executor and widow set aside in part, 21 G. 60. 
 sale set aside under the prayer for general reliof, 21 G. 112. 
 hill should be dismissed if no proof of its allegations offered, 21 G. 182. 
 when, and how, objection that plaintiffhas no interest in subject should be 
 
 taken, 21 G. 263 
 bill should be dismissed if court has not jurisdiction, though defendant 
 
 does not object, 21 G. 356. 
 when money maybe paid into court, 21 G. 112. 
 when not proper to decree between co-defendants, 13 G. 380; 21 G. 35. 
 on what bill there may be a decree for account of rents and profits, 13 G. 
 
 653; 25 G. 300; 31 G. 379. 
 
216 EQUITY. 
 
 EQUITY, Pkactice, Continued. 
 
 ■what interlocutory decree enforcing performance of a contract need not di- 
 rect, 14 G. 102. 
 
 court may decree for instalments of mechanic's lien not yet due, 15 Gr. 83. 
 
 court may make any decree authorized by the facts, 18 G. 651. 
 
 when decree may i^rovide for a set-off. Decree made though papers lost, 
 19 G. 74. 
 
 decree for sale under a trust should'be on terms of trust, 20 G. 244. 
 
 when decree on bill for an injunction is that plaintiff pay debt secured; 
 liberty reserved to defendant to apply for sale, 20 G. 377. 
 
 how doubt as to meaning of a decree determined, 21 G. 636. 
 
 when purchaser of land sold for taxes cannot set up title by a bill of re- 
 view, 12 G.' 60. 
 
 ground known to party before decree is no ground for a bill of review, 12 
 G.60. 
 
 when defendant entitled to costs though decree is for plaintiff, 12 G. 410. 
 
 when purchaser at judicial sale must pay costs of rule to resell land, 19 G. 
 720. 
 
 when court will appoint a re ceiver. When can appoint one in vacation 
 12G. 74;28G. 144. 
 
 when court will appoint a receiver for a railroad, 18 G. 819. 
 
 what issues directed in this case, 18 G. 231. 
 
 when improper to direct an issue, 20 G. 147, 377. 
 
 appellate court will correct improper direction of an issue, 20 G. 147. 
 
 how damages ascertained for defendant in a suit for specific performance, 
 22 G. 814. 
 
 proceedings in creditors' suit against party in his own right and as admin- 
 istrator, 23 G. 145. 
 
 when plaintiff, if judgment enjoined, may file bill of review. Proceedings, 
 25 G. 146. 
 
 when accounts for profits improper ; when ordered, 25 G. 300. 
 
 may appoint a trustee in place of one appointed by testator, 25 G. 410. 
 
 when will sell land though deed of trust held valid, 26 G. 563. 
 
 when will appoint receiver of ward's estate and decree against guardian, 
 without an account, 27 G. 651. 
 
 when will appoint a receiver to rent out land, 28 G. 144. 
 
 after sale of land of principal, how deficiency apportioned among sureties, 
 28 G. 815. 
 
 principles as to an attachment in, what must be shown, 2 P. & H. 43. 
 
 defendant may establish set-off in, after a judgment, and enjoin the judg- 
 ment, when, 2 P. & H. 178. 
 
 when it is error to direct an administration account, 2 P. & H. 225. 
 
 party appealing from a decree must show error affecting himself, 32 G. 65. 
 
 plaintiff must file bill for discovery before judgment is rendered against 
 him at law, 21 G. 356. 
 
 exceptions to commissioner's report not necessary to raise questions raised 
 by pleadings and proofs, 10 G. 513. 
 
 suits in, may be heard together, when, 4 C. 300, 360. 
 
EQUITY. 217 
 
 EQUITY, Practice, Continued. 
 when evidence in one suit in, is admissible in another, 22 G. 330. 
 when debt scaled in, 22 G. 364. 
 when it is duty of clerk to dismiss suit in, 22 G. 414. 
 when defendants may litigate liability to each other, 22 G. 614. 
 when court will decree against one defendant without waiting to settle 
 
 equities between him and co-defendant, 22 G. 614. 
 how, may correct award without setting it aside, 23 G. 160. 
 what, may require if defendant at law file bill for stay of proceedings, 25 
 
 G. 575. 
 when decree was made without replication to answer which was after- 
 wards allowed to be filed, defendant allowed to take testimony, 25 G. 
 838. 
 what a creditors' bill. Proceedings on. When decree for accounts not i'e- 
 
 quired, 27 G. 229: 
 when exception to commissioner's report not necessary, 28 G. 365. 
 how plaintiff may proceed to avoid future contest with person not a party, 
 
 29 G. 99. 
 when creditor's bill is filed, other creditors cannot maintain su separate 
 
 suit, 30 G. 555. 
 when party may take new evidence after an interlocutory decree, 31 G. 
 
 791. 
 court of probate may correct errors after final decree, when, 32 G. 657. , 
 what deeds considered of same day and lands subjected to judgments pro 
 
 rata, 33 G. 497 ; see 28 G. 815. 
 decree should order sale for cash if deed of trust so provide, 33 G. 685 . 
 land last sold first liable to judgments, 33 G. 497. 
 principles on which, proceeds on bill for sale of debtor's lands to pay his 
 
 debts, 33 G. 567. 
 powers of court of, which has taken charge of property of railroad com- 
 pany, 33 G. 586, 
 trustee allowed for services in preference to bondholders of railroad com- 
 pany, when, 33 G. 617. 
 debts for services and material allowed in preference to such bondholders, 
 
 when. How paid, 33 G. 624. 
 execution creditors paidbeforesuch bondholders, when and how, 33 G.645. 
 ■ land subjected to pay money borrowed to pay for it, against children to 
 
 whom it is given by a marriage settlement, 33 G. 651. 
 cannot allow expenditure of principal of ward's real estate by guardian 
 
 afler it has been spent, 33 G. 663. 
 may ^llow expenditure of principal of personal estate afterwards, 33 G. 
 
 663. 
 as to admissibility of depositions taken after interlocutory deci?ee, or re- 
 turned before final hearing, 33 G;. 730. 
 exceptions to commissioner's report caimot be first made in appellate court, 
 
 33 G. 451. 
 parties having decrees against principal who becomes bankrupt may sue 
 representatives of surety to subject his lajid, 33 G. 548. 
 
 28 
 
218 EQUITY. 
 
 EQUITY, PBACircE, Continued. 
 en-or to decree sale of inl'ant's land without answer by guardian ad litem, 
 
 33 G. 548. 
 error to decree sale of land of surety to pay debts before full enquiry as to 
 
 whether principal has not land primarily liable, 33 G. 548. 
 decree not set aside because plea was filed to an answer, when, 33 G. 451. 
 principles governing court of, which has taken possession of property of 
 
 railroad company, in adjusting rights of creditors and others, 33. G. 624. 
 partyin possession of land allowed for improvements, when, 33 G. 685. 
 7. "When Belief Given: 
 
 when executor may sue in, for services on a quantum meruit, co-executors 
 
 and legatees, 3 M. 222. 
 when will enforce a parol agreement, 1 W. 136. 
 when an annuity extinguished, 1 W. 142. 
 
 will relieve against judgment entered by mistake ofclerk, 1 W. 254. 
 will restore deed destroyed by fraud and supply legal defects, 1 W. 274. 
 " will relieve if verdict unrighteous, or trial at law unfair, 2 W. 36, 80, 255. 
 when, if purchaser fails to perform contract, will decree conveyance on 
 
 equitable terms, 2 W. 94. 
 if relief at law doubtful, 1 C. 147. 
 will hold surety on instrument of which creditor is deprived by accident 
 
 or fraud, 1 C. 414. 
 will relieve against a penalty where compensation can be made, 1 C. 533. 
 will relieve against bond to secure title, though consideration not ex- 
 pressed in it, 1 C. 533. 
 infant without remedy at law may go into, 2 C. 70. 
 will compel trustees improperly refusing to manumit slaves to do so, 2 
 
 C. 319. 
 when security for forthcoming of slaves decreed on bill of quia timet, 3 C. 25. 
 when surety may bring bill of quia tim^t to compel principal to pay bond, 
 
 3 C. 69. 
 
 after" a trial had at law, 3 C. 531. 
 
 by granting a new trial, 4 C. 279 . 
 
 when, will grant just compensation though bond usurious at law, 4 C. 288. 
 
 endorsee who paid value, relieved from a judgment on ground of surprise, 
 4C.411. 
 
 purchaser of land for deficiency, 5 C. 236 ; 1 M. 63. 
 
 against a judgment if important evidence lost by defendant's sickness, 5 
 C. 279. 
 
 when sureties of administrator may be sued without first fixing devastavit 
 on him, 1 H. & M. 10. 
 
 party whose laud was sold and conveyed for taxes as the property of an- 
 other, 1 M. 419. ' 
 
 when, will direct conveyance of legal title of land to trustee holding equi- 
 table title, 2 M. 196. 
 
 against judgment on administration bond, though no defense made at law, 
 
 4 M. 110. 
 
, > EQUITY. 219 
 
 , EQUITY, "When Belief Given, Continued. 
 
 will relieve in case involving trust and confidence, though no defense 
 made at law, 4 M, 130. 
 
 when verdict and judgment no bar to relief in, for same cause of action, 4 
 M. 469. 
 
 what relief party secured by a deed of trust entitled to in this case, 5 M.25. 
 
 will relieve against writing obtained by fraud, though it might have been 
 defeated" at law, 5 M. 219. 
 
 on bill against maker and endorser of note, will fix debt on party first re- 
 sponsible, 5 M. 252. 
 
 what sufficient ground for an injunction to a judgment in slander, 5 M 
 466. 
 
 when cause retained to relieve against assignor of a bond, though bill dis- 
 missed as to assignee, 6 M. 207. 
 
 win relieve person falsely returned as appearance bail, though he made no 
 defense at law, 6 M. 313. 
 
 relief granted administrators against judgment, for various reasons, 6 M. 
 377. 
 
 will relieve defendant prevented by fraud from making defense at law, 6 
 M. 418. 
 
 plaintiff claiming equitable title, 6 M. 459. 
 
 when the principle m pan deKcfo, &c., applies. "When it does not apply, 1 
 R.76. 
 
 executor against a judgment at law, 1 E. 421, 478. , 
 
 creditor may prove his claim due from partnership, though he took note of 
 one partner, 1 K. 300. 
 
 will relieve against mistake in decree entered by consent of counsel, 8 L. 
 316. 
 
 will sell land to satisfy judgment where it is conveyed by subsequentdeed 
 of trust, 2 G. 44. 
 
 what, purchaser asking relief from judgment for purchase money must 
 prove, 4 H. & M. 390; 5 M. 295. 
 
 against a judgment, 6 B. 1; 4 E. 537; 5 G. 645; 22 G. 136 ; 24 G. 548; 29 
 G. 91. 
 
 will direct restitution of slaves taken possession of pending suit unless . 
 bond be given, 4 H. & M. 452. 
 
 when plaintiff who is heir and administrator entitled to relief as adminis- 
 trator, 4 H. & M. 460. 
 
 purchaser at judicial sale for defect in title, 2 G. 198. 
 
 will grant new trial if court left bench so that motion for new trial could 
 not be made, 2 G. 212. 
 
 will correct mistake of scrivener in drawing deed, 2 G. 266. 
 
 when, will decree partition at suit of tenant by curtesy and owner of re- 
 version, 2G. 340. 
 
 will relieve obligor from judgment obtained on forged assignment of bond, 
 3G. 4. 
 
 will set aside patent obtained with notice of a prior entry, 3 G. 301. 
 
220 EQUITY. 
 
 EQUITY, "When Eelief Given, Continued. 
 
 when proceedings in writ of right enjoined to let tenant get in outstand- 
 ing legal title, 3 G. 278. 
 
 against a judgment in ejectment, 4 G. 63. 
 
 when, will enjoin collection of purchase money until encumbrances are as- 
 certained, 4 G. 68. 
 
 endorser, the order of endorsements having been altered, 4 G. 274. 
 
 when rents recovered in, on account of difScnlty of proceeding at law, 4 
 G. 1. 
 
 will set aside fraudulent sale of personalty and order it resold, 5 G. 84. 
 
 will subject lands to decree, though it was not revived against adminis- 
 trator of debtor nor execution issued on it, 6 G. 119. 
 
 when loss of agreement ground for injunction against a judgment, 6 G. 
 246. 
 
 when, will enjoin judgment on forthcoming bond at suit of surety having 
 claim against creditor, 6 G. 352. 
 
 when, will investigate fraud in distraining slaves under fraudulent rent 
 charge, 6 G. 615. 
 
 relief is given according to, stated in bill, whatever its form, 6 G 363. 
 
 if party comes into, for discovery, relief is given unless discovery sought to 
 be used at law, 6 G. 427. 
 
 if interest in property and bonds are conveyed in anticipation of a judg- 
 ment, 6 G. 154. 
 
 debtor^discharged as a bankrupt after judgment, may enjoin execution, 6 
 G. 64. 
 
 against judgment as to accounts on ground of mistake ; proceedings, 6 G. 50. 
 
 administrator c. t. a. enjoined from selling estate untU court decides "his 
 .suit, 7 G. 1. 
 
 compensation to vendor and not a rescission of the contract, directed, 7 
 G. 52. 
 
 what relief given against compromise made in ignorance of facts, 7 G. 86. 
 
 heirs subjected on covenant of ancestor to extent of value of land de- 
 scended to them in another State, 8 G. 353. 
 
 when party seeking to enjoin sale under usurious deed of trust relieved 
 ■ from usurious premium, 8 G. 22. ' 
 
 when, though deed of trust not set aside as usurious, court will order sale 
 and distribution, 9 G. 8. 
 
 relief given obligor in bond for purchase money against judgment for 
 assignee, contract having been rescinded, 9 G. 54. 
 
 when plaintiff in attachment in, may enjoin sale under attachment at 
 law, 10 G. 284. 
 
 when widow next of kin may sue in, for slaves of intestate, 10 G. 184. 
 
 judgment on bonds for purchase money eigoined, vendor not having kept 
 his contract, 10 G. 211. 
 
 deed from husband to wife recorded after his death set up against heir, 10 
 G. 259. 
 
 when proper to sue for account, or marshaling, of assets, 11 G. 30. 
 
EQUITY. 221 
 
 EQUITY, When Relief Given, Continued, 
 
 when contingent legatee of remainder may sue legatee for life ^nd his pur- 
 chaser, 11 G. 9. 
 
 will compel trustees to turn over estate under provision in this will,, 11 
 G. 348. 
 
 sale by trustee annulled on bill by grantor against creditor secured, who 
 was purchaser, 11 G. 492. 
 
 when will execute a trust to sell, the trustee being dead, 18 ( i. 651. 
 
 when property improperly sold by trustee may he followed and recovered, 
 
 14 G. 338. 
 
 when, will enforce parol agreement to waive forfeiture of contract as to 
 land, 18 G. 475. 
 
 when specific performance decreed, 12 G. 98 ; 13 G. 404 ; 30 G. 105 ; 1 W. 
 274, 290. 
 
 when contract for sale of infant's land enforced in, 14 G. 102. 
 
 when vendee of land may file bill for specific performance, without tender 
 of purchase money, 17 G. 262. 
 
 vendor asking specific performance must show good title, 19 G. 571. 
 
 ■when specific performance decreed though price inadequate, 21 G. 75. 
 
 on what terms specific performance of contract for sale of property de- 
 creed, 21 G. 23. 
 
 when contract by husband to sell wife's land rescinded, 16 G. 109. 
 
 purchaser of land for Confederate money, 19 G. 331. 
 
 deed made to secure notes, which are wrongly collected by agent, enforced, 
 
 15 G. 366. 
 
 relief given in this suit for partition, 21 G.474. 
 
 purchaser failing to sustain tender under adjustment act, 22 G. 364. 
 
 extent of relief given purchaser at judicial sale made in 1864, 22 G. 724 
 
 what relief given on a Confederate contract, 22 G. 780. 
 
 against an award, 23 G. 160 ; Wy. 121. 
 
 against mistake of Court of Appeals, 23 G. 200. 
 
 when proper for administrator who is a joint obligor to sue other obligors 
 
 in, 24 G. 256. 
 obligor may go into, to ascertain amount due on bond, and the owner of it, 
 
 24 G. 272. 
 
 in such case court may order sale on terms of trust deed. A part of the 
 
 land may be sold, 24 G. 272. 
 when, will enjoin judgment against sureties in bond who were released by 
 
 contract for forbearance, 2 P. & H. 504. i 
 
 in suits between assignees of lessees and owners of salt works, 25 G. 300. 
 when, will enjoin town authorities from moving house said to be in a street, 
 
 25 G. 825. 
 
 when, will enjoin .sale under execution and give relief to surety, 26 G. 612. 
 
 will correct mistake in contract of sale, though proved by parol, 26 G. 641. 
 
 . when deeds may be impeached in, without suing out execution at law, 26 
 
 G. 705. I 
 
 relief given in these cases, 26 G. 705; 29 G. 330. 
 
222 EQUITY. 
 
 EQUITY, When Belief Given, Continued. 
 
 when legatees may have decree against sureties of dead executor before 
 suing his heirs, 27 G. 42. 
 
 when owners of land may sue in, to have obstructions removed ; relief 
 granted, 27 G. 892. 
 
 when deed wrongfully conveying land to purchaser at tax sale set aside, 
 28 G. 791. 
 
 may decree sale though part of land lies in West Virginia, 28 G. 850. 
 
 what agreement ground for relief against a judgment, 29 G. 91. 
 
 commonwealth may eniorce judgments against property covered by home- 
 stead deeds, 29 G. 683. 
 
 when, will compel conveyance of legal title of land claimed under a parol 
 gift, 30 G. 255. 
 
 against deed made in consideration of future support, 30 G. 454. 
 
 when, will enjoin executions issued by foreign plaintifis, 30 G. 487. 
 
 when lien of judgment against property of bankrupt enforced in, 30 6. 
 400. 
 
 when judgment creditor not required to exhaust legal remedies before 
 going into, 30 G. 515, 531. 
 
 vendor's lien may be enforced in, without asking acpount of personalty, 30 
 G. 632. 
 
 when, will enforce contract to insure though no policy issued, 31 G. 362. 
 
 when assignee of judgment who has made advances to debtor enjoined 
 from collecting it until accounts taken, 1 P. & H. 43. 
 
 executors, against stale demands of legatees, 2 P. & H. 53. 
 
 when, will direct administrator to deliver slaves to legatee, without first 
 decreeing an account, 2 P. & H. 207. 
 
 will remove cloud from title to land, or any obstruction to assertion of legal 
 rights by owner, 2 P. & H. 339. 
 
 purchase of slaves for inadequate price at execution sale under agreement 
 that debtor might redeem them, held valid and contract enforced, 2 P. 
 & H. 396. 
 
 against penalty in a bond, Wy. 114 ; 1 W. 116. 
 
 what relief given party injured by purchase of estate in England with no- 
 tice of party's rights, Wy. 144. 
 
 will relieve owner of lost military certificate against hwna fide purchaser, 
 Wy. 296. 
 
 against firSe on sheriff for neglecting to return execution, if no one injured, 
 Wy. 328. 
 
 party suing on an insurance policy, 32 G. 613. 
 
 city allowed to recover bonds issued in exchange for its stock illegally con- 
 fiscated, 33 G. 168. 
 8. When Eblikp Eefused : 
 
 when final decree in suit by legatees a bar to suit by them against execu- 
 tor, 3 M. 83. 
 
 when specific performance refused, 1 W. 274, 290 ; 12 G. 98 ; 16 G. 109; 19 
 G. 571 ; 21 G. 23, 474. 
 
 owner of equitnble title, 1 W. 287. 
 
EQUITY. 223 
 
 EQIUTY, "When Relief Refused, Continued. 
 executor of surety on joint bond not bound in, if principal survive, 2 W. 
 
 136. 
 cannot relieve against express provisions of a statute, 2 C. 198. 
 when bill for an account of stale transactions not sustained, 2 C, 537 ; 1 H. 
 
 & M. 181. 
 against a verdict, if defendant negligent, in preparing for trial, 4 C. 274. 
 party breaking charter party who comes into, to enforce it, 4 0. 590. 
 will not relieve for deficiency if land sold for " more or less," at a fixed 
 
 price, 5 C. 1. 
 attorney in fact cannot maintain action in his own name, 1 H. & M. 471. 
 party who made no defence at law, 2 H. & M. 13. 
 what purchaser asking relief from judgment for purchase money must 
 
 prove, 4 H. & M 390; 5 M 295, 
 party, on the ground of neglect, 4 H. & M. 438. 
 
 to party trying to set up marriage promise disinheriting issue, 1 M. 373 
 when, will not, after a great lapse of time, order an account, 5 M. 334. 
 what items of account not proper, 5 M. 430. 
 plaintiff who was guilty of fraud, 2 R. 449. 
 when, will not interfere to prevent payment of purchase money of laud, 3 
 
 R. 44. 
 will not prevent public nuisance unless private injury shown, 3 R. 63. 
 unless good cause shown for not making defense at law, will not relieve, 4 
 " R 336. 
 against a judgment, 6 R 1 ; 5 L. 359, 364 ; 6 L. 530 ; 7 L. 157, 227, 238 ; 4 G. 
 
 147 ; 9 G. 255, 379 ; 22 G. 136 ; 29 G. 158 ; 1 P. & H. 141. 
 on biU for accounts, as items could be proved at law, 6 R. 658. 
 will not carry out composition by fiduciaries unless everything fair, 2 M. 
 
 105. 
 will not entertain bill to repeal a patent after ten years, 3 G. 291. 
 as to correction of deed which does not carry out intent of parties, 3 G. 
 
 320. 
 will not try question of title to, or boundaries of, land, 4 G. 235 
 to purchaser under decree, if commissioner's report of sale confirmed, 5 G. 
 
 60. 
 when tender of money wiU not authorize, to stop execution on a judg- 
 ment, 6 G. 592. 
 will not settle transactions of a partnership for gambling, 7 G. 1. 
 mistake as to title to land no ground for relief if there is no warranty, 7 
 
 G. 234. 
 because party delayed too long, 7 G. 112, 177 
 when, will not enforce deed of trust for benefit of creditor signing it, 8 G. 
 
 457. 
 ■when sale prematurely made not set aside, and rents in heirs' hands not 
 
 sequestrated, 8 G. 496. 
 wheninjnnction to judgment dissolved without answer filed, 9 G. 40. 
 against judgment, defendant failing by mistake to set up off sets at law, 9 
 
 G 879. 
 
224 EQUITY: 
 
 EQUITY, When Relief Befused, Continued. ' 
 
 bill for specific execution of contract to keep open a lane, filed against a 
 purchaser without notice twenty years after it was made, dismissed, 9 
 G.430. 
 
 party claiming he has not credit for money paid sherifi" on execution has 
 no relief in, 10 G. 228. 
 
 will not control trustee in exercise of his discretion, nor compel him to ex- 
 ercise his power, 11 G. 348. 
 
 when contract not enforced in, 4 E. 478. 
 
 sale of reversion not set aside for mere inadequacy of price, 13 G. 495. 
 
 what no ground for bill of review on ground of mistake, 21 G. 313. 
 
 specific performance by husband and wife of contract for sale of wife's 
 land, refused, 12 G. 98 
 
 specific performance of contract by husband for sale of wife's land as his 
 own, refused, 16 G. 109. 
 
 plaintiff must file bill for discovery before j udgment is rendered against 
 him, 21 G. 356. 
 
 purchaser not proving facts entitling him to relief, gets none, 19 G. 720. 
 
 when tenant in common not held for waste, 19 G. 28 
 
 executor seeking to recover bonds of testator, 23 G. 342. 
 
 plaintiff on any ground not stated in his bill, 23 G. 383. 
 
 defendants who have defended themselves at law, 23 G. 518. 
 
 when, will decree for defendant against plaintifi^, on bill for an injunctton, 
 124 G. 191. 
 
 corporation against negligence of its of&cer, 24 G. 548. 
 
 bill for recovery of slaves dismissed, 25 G. 70. 
 
 bill by surety for relief because debtor allowed levy to be released, dis- 
 missed, 25 G. 211. 
 
 against a judgment, for mistake of counsel, 26 G. 67. 
 
 lien creditor of bankrupt cannot proceed in, when, 27 G. 33. 
 
 when defense might have been made at law relief is refused in, 29 G. 158. 
 
 when, will not correct paper to conform to alleged agreement, 30 G. 672. 
 
 when, will not set aside deed on ground of weakness of mind increased by 
 
 habits of intoxication, 1 P. & H. 307. 
 will not require debtor to give security for payment of debt not due, 2 P. 
 & H. 225. 
 
 when decree of court of another State for conveyance of land in Virginia 
 not enforced in^ 2 P. & H. 255. 
 
 against judgment entered by consent «f parties under a mutual mistake 
 of law as to right of appeal, 2 P. & H. 327. 
 
 wiU not set aside sale by trustee for inadequacy of price occasioned by acts 
 of complainant at the sale, 2 P. & H. 339. 
 
 will not enforce as a eharge provision in a deed which is void as a condi- 
 tion, 2 P. & H. 357. 
 
 against a verdict, the motion for new trial having been rejected, Wy. 137. 
 party having a covenant against incumbrances not relieved because of an 
 easera'ent never used and which caused no damage, 33 G. 489. 
 
ERASURE— ESCHEAT. 225 
 
 ERASURE, 
 on a bond did not create variance, there being no fraud, 2 W. 218. 
 erasures and interlineations held not to vitiate will, 2 H. & M. 467. 
 ERROR ; see Appeal. 
 ESCAPE, 
 action of, what plaintiff must prove ; gist of, 1. W. 4. 
 what must be proved by the respective parties in action for, 4 C. 367. 
 when succeeding sheriff not proper witness in action against sheriff for, 4 
 
 C. 367. 
 after sheriff has taken prison-bounds bond from debtor, he cannot allow 
 
 or prevent his, 6 C. 54. 
 verdict in general terms will not authorize judgment against sheriff in ac- 
 tion for, 1 Rob. 328. 
 judgment cannot be rendered against sheriff and defendant, on return of 
 
 writ executed and that defendant escaped, 2 M. 333. 
 if debtor escapes, creditor entitled to another execution as well as to action, 
 
 2 L. 361. 
 what declaration, evidence and verdict sufScient in suit against sheriff for, 
 
 of slave, 8 L. 442. 
 if debtor escapes, creditor may have another execution and ajso an degit, 8 
 L. 503. 
 ' if debtor escapes, creditor may have another execution by scire facias or on 
 motion, 8 L. 554. 
 damages for an, not necessarily equal to amount of debt, 9 L. 397. 
 assignment of breach in action for an, on sheriff's bond, defective, 1 Rob. 
 
 328. 
 debt lies against sheriff for a wilful or neglige'nt, under 1 E. C. 1819 ch. 
 
 136 §3, 10 G. 529. 
 what must be proved and what presumed in such action, 10 G. 529. 
 under 1 R. C. 1819 ch. 134 ?48, motion may be against sheriff for, 10 G. 529. 
 what province of court on such motion. What no excuse to sheriff for, 
 
 10 G. 529. 
 as to discharge and dismissal of supersedeas and writ of error if prisoner, 
 
 14 G. 677. 
 who answerable for an, J. 49, 59. 
 
 when sheriff releasing debtor under discharge from a magistrate not liable 
 for, 1 P & H. 289. 
 ESCAPE •WARRANTS, 
 need not show on face that person issuing it is a justice ; that fact may be 
 
 proved, 6 R. 678. 
 1 E. C. ch. 136 §1 does not authorize issuing of, against person escaping 
 before committed to prison, 11 L. 253. 
 ESCHEAT, 
 before act of- 1794, jury upon an inquest of office might be more or less 
 
 than twelve. 2 W. 154. 
 on inquisition of, amicus earise cannot appeal or move to quash, unless he 
 has an interest, 2 C. 284. 
 
 29 
 
226 • ESCHEAT— ESTATE. 
 
 ESCHEAT, Continued. 
 
 what an inquisition finding an, for want of heirs should state, 2 C. 284. 
 
 when sale of property of British subject valid notwithstanding, 4 C. '259. 
 
 when and how commonwealth can grant escheated lands, 1 M. 134. 
 
 equitable title of British company to land escheated under act of May, 
 1779, 1 M. 460. 
 
 quxre, whether under will title of aliens good against commonwealth, 5 M. 
 117. 
 
 lands proceeds of whi(Jh were devised to aliens did not, 5 M. 160. 
 
 when finding an inquest of, will not take away title of purchaser, 5 M. 
 160. 
 
 purchaser of escheated lands not allowed compensation for expenses of 
 patent on part of them, 1 M. 134 ; 5 M. 324. 
 
 when, no obstacle to specific performance, and commonwealth enjoined 
 from proceeding on, 1 L. 183. 
 
 equity will compel trustee of land held for alien, to execute trust for bene- 
 fit of State, 3L.492. 
 
 what creditor must do upon a petition under 1 E. C. ch. 82 ^li ; what de- 
 fence may be, 4 L. 236. 
 
 1 E. C. ch, 86 ?40 does not apply to escheated lands, 5 L. 512. 
 
 when inquisition of, does, and does not, vest possession in the common- 
 wealth, 6 L. 588. 
 
 escheated property vests in State without ofiice found, 27 G. 291. 
 
 sale of escheated property void. State not being party to suit, 27 G. 291. 
 
 rights of purchaser in this case. State not affected by escheator's irregula- 
 rities, 27 G. 291. 
 
 when perpetuation of iivj unction to sale of escheated land improper, 27 G. 
 291. 
 
 ESCEOW ; see Bond ; Deed. 
 
 if deed is delivered as an, it should be so stated, 2 "W. 58. 
 
 sureties on forthcoming bond delivered as an, held not liable, 2 L. 157. 
 
 rule that deed cannot be delivered to obligee as an, appUes only to deeds 
 complete on their face, 12 L. 479. 
 ESTATE ; see Administration'; Decedents'' Estates ; Dower ; Joint Tenants ; Per- 
 sonal Representative ; Remainder ; Reversion ; Tenants in Common } Will. 
 
 case in which condition did not apply to residuary, 1 W. 45. 
 
 person entitled to, is also entitled to administer, 1 C. 3. 
 
 not distributed in execution of a power remains as part of residuary es- 
 tate, 2 C. 520. 
 
 how personal, distributed under act of 1792, 3 C. 105. 
 
 what, passed by will and deed in these cases, 22 G. 224, 396. 
 
 of state in escheated property vests without office found, 27 G. 291. 
 
 of foreigner liable for his debts, 27 G. 291. 
 
 qusere, is this limitation absolute or an estate for life, 3 C. 50. 
 
 what devise constitutes a fee simple, Wy. 159; 1 M. 537; 1 C. 7. 
 
 when, does not pass under residuary clause in will, 1 W. 96. 
 
 if devise is to heir without words of inheritance he takes by descent, 1 W. 
 96. 
 
ESTATE. 227 
 
 ESTATE, Continued. 
 what de-vise for life with power of appointment gives a fee, 1 W. 266. 
 when power to sell gives a fee, 1 C. 7 ; 4 L. 408. 
 word " estate " taken from preamble in will and united to the devise so as 
 
 to give a fee, 1 W. 96 ; 1 C. 127 ; 3 C. 306. 
 determinable fees are subject to dower and curtesy, 4 C, 321. 
 what will held an absolute disposition of residuum, and to carry fee in 
 
 lands, 4 C. 472. 
 devise of land in 1760 without words of perpetuity gave a fee, 5 C. 463. 
 fee might pass by will without words of perpetuity, if such was testator's 
 
 intention, 1 M. 549. 
 when devise of lands without words of perpetuity not enlarged into a fee, 
 
 2 M. 453. 
 limitation of fee with executory devise limited thereon, 2 L. 119. 
 devise of a fee in a trust estate, 2 L. 356. 
 estate tail converted by law into a fee, 1 E. 288 ; 5 E. 308 ; 6 E. 73 ; 1 L. 
 
 368; 4 L. 90; 8 L. 449. 
 when remainder on estate tail will not take effect, 1 "W. 71. 
 tail expectant on an estate greater than for life, not made a fee by act of 
 
 1776, 2 W. 9. 
 by act of 1776 all remainders expectant on estates tail are utterly barred, 1 
 
 C. 165. 
 what construed not an executory devise but an estate tail, 2 C. 72 ; 6 M. 
 
 114. 
 what words in a will create an estate tail, 3 C. 342, 354 ; 1 H. & M. 559 ; 2 
 
 M. 263 ; 4 M. 328 ; 5 R. 273 ; 12 L. 370. 
 devise held an estate tail by implication, 1 E. 194. 
 devise of estate tail to devisee who died in lifetinle of devisor void, 5 M. 
 
 457. 
 when executory limitations on estate tail barred, 1 L. 368 ; 4 L. 90 ; 8 L. 
 
 449. 
 case of estate tail held in abeyance and converted into a fee, 2 L. 200. 
 conveyance by tenant in tail held to work no change in his estate, 2 L. 
 
 653. 
 quaire, is this limitation absolute or an estate for life, 3 C. 50. 
 construction of will giving estate for life, 5 C. 351. 
 when express life estate with remainder over, not construed an estate tail, 
 
 1 H. & M. 240. 
 executor holding slaves in which testator had life estate may be charged 
 
 individually in detinue, 2 M. 479. 
 slaves in which widow had life estate belong to second husband until hex 
 
 death, 2 M. 501. 
 remainderman in possession of slaves must pay hires to owner of life estate, 
 
 5 M. 98. 
 gussre, did will in this case give life estate in land, 5 M. 334. 
 when 1 E. C. ?54 p. 338 did not apply to life estate held under marriage 
 
 contract, 6 M. 514. 
 deed construed to give life estate only, 6 M. 470. 
 
228 ESTATE— ESTOPPEL. 
 
 ESTATE, Continued. 
 
 when life estate not bound to contribute to payment of debt, 6 L. 504. 
 what a life estate under this will, 2 G. 1 ; 6 G. 27. 
 as to whether tenant for life bound to repair building, 2 G. 408. 
 purchaser from sheriff of insolvent husband's interest in wife's land is a 
 
 tenant for life, 5 G. 499. ' 
 when purchaser of life tenant's interest in slave must account to remain- 
 
 d ermen, 7 G. 99. 
 uniting of wife in a deed does not vest any, in grantee separate and dis- 
 linct from that of husband, but is only relinquishment of a contingent 
 right, 33 G. 278. 
 ESTOPPEL ; see Bar. 
 when a conveyance by one as executor estops him to claim as heir, 1 C. 
 
 429. 
 in motion on forthcoming bond defendant cannot prove that execution 
 
 issued against another, 2 C. 507. 
 in ejectment party cannot object his own possession for twenty years 
 
 against his own deed given within that time, 3 C. 362. 
 party getting judgment against A. for a slave cannot bring detinue against 
 
 B. for same slave, 1 H. & M. 450. 
 what will estop party from objecting pendency of appeal in court below, 4 
 
 M. 124. 
 when administrator of administrator estopped to plead that no assets came 
 
 into first administrator's hands, 4 M. 466. 
 when, to plea waived by joining issue thereon, 6 M. 120. 
 party to deed is estopped at law to aver want of consideration against it, 
 
 6 M. 358. 
 when purchaser estopped at law from impugning deed on ground of fraud, 
 
 6 M. 358. 
 treasury books conclusive evidence against treasurer and sureties, though 
 
 not pleaded as an, Gil. 235. 
 a legal estoppel defined, 3 R. 563. 
 what necessary in order to plead or give in evidence a former suit as an, 2 
 
 L. 474. 
 promise by maker to pay note to assignee estops him to prove payment to 
 
 assignor before assignment, 5 L. 1. 
 when matter of, can and cannot be relied on without being pleaded, 5 L. 1. 
 vendor not estopped by receipt from claiming purchase money in equity, 
 
 9 L. 342 ; 2 Eob. 271. 
 when creditor estopped from alleging at law that administrator of debtor 
 
 had assets, 11 L. 92. 
 when vendor not estopped by his deed from buying adversary title to land 
 
 sold by him, 5 G. 157. 
 certificate of clerk on deed, that it was admitted to record, conclusive of 
 fact, 5 G. 212. 
 
 when defendant estopped to deny ownership of land by applicant for a 
 mill, 8 G. 88. 
 
ESTOPPEL. 229 
 
 ESTOPPEL, Continued. 
 
 recital in bond of certain things as facts estops sureties from denying 
 
 them, 9 G. 312. 
 when sheriff and sureties estopped to deny legality of county court which 
 
 ordered levy, 9 G. 142. , 
 when sureties on indemnify! ug bond estopped from denying suretyship of 
 
 plaiptiff to another bond, 10 G. 480. 
 sureties of deputy sheriff estopped from denying their principal was dep- 
 uty, 10 G. 198. 
 replication, though not having peculiar commencement and conclusion of 
 
 a plea in, good, 10 G. 198. 
 party claiming under person, not bound by his answer in another cause, 
 
 when, 17 G. 160. 
 act of clerk admitting copy of vpill to record conclusive as to genuineness, 
 
 12 G. 277. 
 record stating execution of bond conclusive, 17 G. 386, 391. 
 parol evidence not admissible to contradict record of court, 20 G. 138. 
 question as to legality of appointment of assistant commissioner of the 
 
 revenue, cannot be raised in a collateral proceeding, 20 G. 165. 
 what verdict and judgment no, 20 G. 344. 
 deputy sheriff estopped by suit of sheriff against him, from suing justices 
 
 for money paid him, when, 21 G. 182. 
 when surety of executor estopped from pleading non est factum, 13 G. 257. 
 when party holding in common with others estopped by his deed convey- 
 ing part of property, 14 G. 82. 
 sureties of sheriff estopped by recitals in bond from saying he is not sher- 
 iff, 15 G. 172. 
 obligors in bond estopped from denying the truth of its recitals, 16 G. 321. 
 creditor mky claim against deed, and if he fails, may claim under it, 12 G. 
 
 4^40. 
 when vendee estopped to claim for deficiency in land, 12 G. 410. 
 agreement to leave differences to umpire conclusive on bo;th parties, 14 6. 
 
 302. 
 when persons not parties to suit bound by decree, 17 G. 96. 
 substitution of slaves by tenant for life estops her to claim them, when, 17 
 
 G. 160. 
 when party not estopi)ed from setting up a defense as inconsistent with 
 
 another, 20 G. 544. 
 lien holder agreeing to sale of land for Confederate money; effect of agree- 
 ment, 21 G. 220. 
 order of court as to work on jail not an, in suit by contractor, when, 22 G. 
 
 302. 
 when party is estopped by his concurrence in an act done, 22 G. 573. 
 when decree an estoppel, 22 G. 493. ^ 
 
 on what estoppels founded. Not extended by construction, 23 G. 310, 
 when and how far recitals in a deed are estoppels. When not, 23 G. 310. 
 when sureties in bond estopped from contesting their liability, 27 G. 676, 
 
230 ESTOPPEL— EVIDENCE. 
 
 ESTOPPEL, Continued. 
 
 person executing and delivering deed estopped to deny its validity, 27 G. 
 608. 
 
 doctrine ot, by matter of record. When a judgment is an, when not, 29 
 G. 494. 
 
 when surety in injunction bond of second endorser of a note, not estopped 
 to sue first endorser, 29 G. 494. 
 
 when builder of house estopped from claiming against deed of trust, 31 6. 
 228. 
 
 when devisees of guardian estopped from claiming a guardianship account, 
 31 G. 601. 
 
 qusere, whether if bond is made to a feme covert, obligor is not estopped to 
 deny that consideration moved from her, 1 P. & H. 141. 
 
 when officer estopped to deny his duties were properly prescribed under 
 his ofacial bond, 2 P. & H. 277. 
 
 petitioner in creditor s suit not setting up claim, estopped to do so after 
 final decree for distribution, 32 G. 92. 
 
 decree in suit holding contract of partnership invalid, a bar to second suit 
 on same contract, 32 G. 185. 
 EVICTION ; see Landlord and Tenant; Bent. 
 
 how damages caused by, adjusted, 3 C. 320 ; 1 M. 493. 
 
 vendee of land sold with warranty, who is evicted, should recover of ven- 
 dor purchase money, interest and costs, 1 H. & M. 202. 
 
 vendee evicted from land of which he was put in possession by mistake 
 need not pay rent, 1 H. &'M. 350. 
 
 when innocent surety to bond for purchase money of land, not liable for 
 loss of subsequent purchaser who is evicted, 2 H. & M. 116. 
 
 when subsequent lease by landlord not, of the original lessee, 3 H. & M. 
 463. 
 
 purchaser asking relief for defect in vendor's title, must show actual, 4 H. 
 & M. 390. 
 
 when assignor of lease not bound to restore purchase money, on eviction 
 of assignee, 3 M. 556. 
 
 assignee of lease evicted for defect in lessor's title, may sue him for com- 
 pensation, 3 M. 556. ~ "^ 
 
 purchaser allowed value of land fost at time of purchase, not at time of 
 eviction, 5 M. 415. 
 
 what proper measure of damages for, on covenant for breach of warranty, 
 2 L. 451. 
 
 when record of suit by slave to recover freedom is admissible to prove, of , 
 title, 6 L. 440. 
 
 when surrender of possession by tenant not an, so as to release him from 
 rent, 3 G. 87. 
 
 what constitutes an ; effect of on rent, 22 G. 109. 
 EVIDENCE ; see Admiasion ; Answer; Assumpsit; Case; Confession; Copy; 
 Covenant; Criminal Jurisdiction and Proceedings; Debt; Deed; De- 
 murrer to Evidence ; Deposition ; ^cctmefnt ; Equity ; Handwriting ; In- 
 struction ; Pedigree ; Presumption ; Witness ; Writ of Right. 
 
EVIDENCE. 231 
 
 EVIDENCE, Continued. 
 
 1. In General. 
 
 2. Admissibility. 
 
 3. Copies. 
 
 4. Confessions and Declarations. 
 
 5. Documentary. 
 
 a. Books. 
 
 b. Deeds. 
 
 c. Depositions. 
 
 d. Letters. 
 
 e. Maps and other Writings. 
 
 f. Records. 
 
 6. Experts. 
 
 7. Handwriting. 
 
 8. Hearsay. 
 
 9. Laws. 
 
 10. Official Certificates. 
 
 11. Parol. 
 
 a. Admissible. 
 
 b. Not Admissible. 
 
 12. Sufficiency. 
 
 13. In Criminal Cases. 
 1. In General : 
 
 jury must decide as to weight of, 1 W. 87, 203 ; 1 C. 561 ; 1 H. & M. 563 ; 
 2 M. 478 ; 23 G. 409. 
 
 when demurrer to, allowed, when not, 1 W. 150. 
 
 award set aside if arbitrators admit improper, 1 W. 193. 
 
 answer is not, for defendants as to affirmative facts, 1 W. 224. 
 
 when, of attesting witness chiefly regarded, 1 W. 224 ; 27 G. 96. 
 
 of performance of condition of forthcoming bond must be given by defen- 
 dant, 1 W. 330. 
 
 should not be received after verdict, 1 W. 340. 
 
 what not a variance between declaration and, 1 W. 357. 
 
 if part of, suppressed by court, equity will direct a new trial, 2 W. 36. 
 
 court may hear new, on appeal from order giving leave to build a mill, 2 
 W. 162. 
 
 what the court must presume on a demurrer to, 2 W. 203. 
 
 when appellate court presumes, of payment, 1 C. 28. 
 
 when court may hear, after a verdict in replevin, 1 C. 117. 
 
 when judgment should be against plaintiff whether, was admissible or 
 not, 1 C. 232. 
 
 court may disregard commissioner's report based on incompetent, 18 G. 53. 
 
 if plaintiff's, defective, not uncertain, defendant may demur, 2 C. 241. 
 
 when proofs of nonsuit should go to jury, 3 C. 19. 
 
 when, of communication between father and son-in-law left to jury, 3 C, 
 554. 
 
 in transitory actions the day is immaterial, 4 C. 225. 
 
232 EVIDENCE. 
 
 EVIDENCE, In General, Continued. 
 when equity will relieve against a judgment if important, lost by defend- 
 ant's sickness, 5 C.279. 
 upon plea of payment defendant may show bond was paid by one not an 
 
 obligor, 5C. 449. 
 when alteration of forthcoming bond by clerk will not prejjudice plaintiff, 
 
 6 C. 1. 
 public officer presumed to have done his duty until contrary proved, 6 C. 
 
 44. 
 on what, plaintiff may recover, in debt on judgment against an adminis- 
 trator, 6 C. 53. 
 party objecting to probat of. will may show fraud in getting it signed, 6 C. 
 
 90. 
 when if, does not appear on record, all presumed to be legal and right, 1 
 
 H. & M. 72. 
 on whom onus probandi lies when person claimed as a slave, 1 H. & M. 134. 
 in special verdict jury should find facts, not evidence, 1 H. & M, 235. 
 account of party taken as, against him is also admissible for him, 4 H. & 
 
 M. 447. 
 when charge not allowed trustee except on, of disinterested party, 6 M. 99. 
 matters of general history must be given in, as other facts, 4 li. 611. 
 what presumptions arise if accounts differ from books, 3 M. 352. 
 failure in answer to notice allegation of bill is a presumption of its truth, 
 
 2 M. 298. 
 presumption ^f plaintiff in suit for freedom appears to be white person, 2 
 
 M. 379. 
 judgment of lower court presumed right if, is contradictory, 3 M. 51. 
 when debt of sheriff for clerk's tickets in his hands presumed paid, 4 M. 
 
 428. 
 a deed is presumed to have been executed on day of its date, 6 M. 550. 
 when check presumed to have been paid, 3 E. 481. 
 use of land for more than twenty years only presumptive, of defendant's 
 
 right, 7 L. 546. 
 what affidavit of witness sufficient to authorize taking of his deposition de 
 
 bene esse, 10 G. 557. 
 unreasonable in this case to exact, for every item of executor's account, 1 
 
 M. 150. 
 contradictory, left to jury in trials at law, 2 M. 478. 
 to sustain parol gift by father to daughter should be clear, 10 L. 5. 
 quxre, whether, showed third person was liable to plaintiff for goods, 10 
 
 L. 155. 
 how organization of a corporation proved, 7 G. 352. 
 effect of a demurrer to, 5 G. 364. 
 
 judicial notice taken of private and local laws relied on in lower court, 7 
 G. 205. 
 
 party moving to exclude, should specify it. When motion overruled as too 
 general, 9 G. 31. 
 
EVIDENCE. 233 
 
 EVIDENCE, In Genekal, Continued. 
 
 how, on motion against plaintiff for security for costs, put upon the record 
 by exception, 10 G. 207 
 
 North Western Bank of Virginia need not prove its incorporation, 9 G 
 127. 
 
 liow admission of improper, stated in bill of exceptions, 10 G. 1. 
 
 witness may refresh his memory from a piece of paper, 1 G. 527. 
 
 claims to bounty lands governed by ordinary rules of, 17 G. 96. 
 
 court will take judicial notice of acts of Congress in relation to the Dis- 
 trict of Columbia, 16 G. 284; 21 G. 800. 
 
 iiow far judicial notice taken that Confederate money was the only circu- 
 lating currency during the war, 21 G. 636, 762. 
 
 when creditor must show death of testator before debt was barred, 13 G. 
 329 
 
 when court may require party to reverse the order of his proofs, 15 G.279. 
 
 rule as to asking witness collateral question in order to contradict him, 16 
 G. 547. 
 
 how and when statement of witness at examining court used to discredit 
 him, 16 G. 547. 
 
 witnesses may be interviewed and their memories refreshed before trial, 
 17 G. 187. 
 
 when court will order second examination of same witness, 17 G, 187. 
 
 when deposition of \litness cannot be contradicted, 12 G. 484. 
 
 release restores competency of witness, ;rhen, 6 C. 78 ; IS G. 484. 
 
 rules of, on trial of issue out of clymcery, 22 G. 177. 
 
 whether plaintiff can introduce further, after defendant is through, is at 
 court's discretion, 11 G. 411. 
 
 when too late to except to ruling of court excluding, 26 G. 320. 
 
 what not a material variance between declaration and order offered in, 22 
 G. 302 ; 27 G. 934. 
 
 if statement of witness is admitted by consent it cannot be corrected, 24 
 G. 74. 
 
 mode of .saving objection to, on trial of issue devisavit velnon, 29 G. 61. 
 
 what not material variance between notice and bond offered in, 24 G. 325. 
 
 congress cannot declare what shall be, in a State court, 31 G. 348. 
 
 prescription of duties of bank officer inferred from, as to acts of directors 
 and officer, 2 P. & H. 277. 
 
 what, will outweigh an answer, 3 P. & H. 396, 676 ; 3 C. 44. 
 
 cross-examination of witness is the, of party calling him, 2 P. & H. 616. 
 
 onus is on purchaser at trust sale to show property was duly advertised, 2 
 P. & H. 676. 
 
 testimony of a subscribing witness is best, 4 R. 325. 
 
 weight of; of attesting witnesses in controversies as to testamentary capa- 
 city, 27 G. 96. 
 
 how to determine whether, is cumulative, 32 G. 140. 
 
 proper proceeding for the perpetuating of testimony, 1 P. & H. 109. 
 
 when plaintiff can introduce his, first, 9 G. 16. 
 
 when party may take new, after an interlocutory decree, 31 G. 791. 
 
 30 
 
234 EVIDENCE. 
 
 EVIDENCE, In General, Conlinued. 
 what foundation necessary for introduction of, to impeach or discredit a 
 
 witness, 33 G. 413. 
 objection to competency of witness cannot be first made in appellate court, 
 
 33 G. 451. 
 to repel implication that check was & payment, must be very strong, 33 G. 
 
 342. 
 held suflScient to establish payment of a judgment twenty-three years old, 
 
 33 G. 402. 
 3, Admissibility : 
 
 of payment after suit brought is admissible, 1 W. 10. 
 
 when, of one trespasser admissible for another, 1 W. 187. 
 
 of arbitrator admissible to show he admitted improper testimonjr, 1 W. 
 
 193. 
 witnesses attesting delivery of deed not allowed to disprove it, 2 "SV. 58. 
 of witness tending to fix fraud on himself not regarded, 2 W. 146. 
 illegal or improper, never admitted though unimportant, 2 W. 276. 
 of absence beyond seas admissible to extinguish interest on a bond, 1 C. 
 
 133. 
 draft of wUl of personal estate admitted to prohat on, of draftsman, 1 C. 
 
 479. 
 when sheriff may give oral testimony on a niotion against hia deputy, 1 
 
 C. 538. 
 eourt must decide as to admissibility of, 1 C. 561. 
 witness allowed to prove payment by liimself of obligation sued on, 2 C. 
 
 231. 
 as to admissibility of family traditions, 22 G. 378. 
 
 qusere, who is competent witness in suit concerning title to lands, 2 C. 379. 
 consistent with declaration is admissible, 2 C. 530. 
 when agent endorsing bill to his principal may be called as a witness, 3 C. 
 
 373. 
 when successor of sheriff not proper witness in action for an escape against 
 
 sheriff, 4 C. 367. 
 contradicting attesting witnesses, admissible to invalidate a will, 4 C. 42,3. 
 that slave belonged to plaintiff in trespass, admissible in mitigation of 
 
 damages, 5 C. 531. 
 assumpsit after dissolution of firm, of firm debts by one partner is, 6 C. 51. 
 release removes incompetency of witness, on the score of interest, 6 C.78; 
 
 12 G. 484. 
 assumpsit by an executor is not, to prevent operation of statute of limita- 
 tions, 1 H. & M. 563. 
 promise of maker to pay note to assignee, to repel defence of payment to 
 
 assignor, 5 L 1. 
 what admissible in this case, 6 L. 85. 
 what inadmissible on plea of payment, in debt on a joikt obligation, 6 M. 
 
 106. 
 of belief that plaintiff's ancestor was free, inadmissible, 4 E. 611. 
 defendant cannot give, variant from his answer, 6 K. 764. 
 
EVIDENCE. 236 
 
 EVIDENCE, Admissibility, Continued. 
 
 what, of marriage admissible to entitle wife to alimony, 4 H. & M. 507. 
 
 fact not charged in bill nor put in issue by pleadings, not, for plaintiff 4 
 M. 273. ' 
 
 applying to the issue, not rejected on ground of objections to declaration 
 6M. 271. , 
 
 plaintiff's consent to admit incompetent, against him, no reason for admit- 
 ting such evidence against defendant, 7 L. 115. 
 
 in support of a bad plea properly rejected, 11 L. 261. 
 
 for what, previous statements of witness admissible. When not, 4 G. 58. 
 
 when, as to the truth of such statements inadmissible, 4 G-. 58. 
 
 what plaintiff may prove to show interest on bond was not usurious 4 
 G.55 
 
 what, admissible to explain what was intended to be included in a war- 
 ranty, 4 G. 123. 
 , -witness cannot state what was said by free negro on trial of white man, 6 
 G. 684. 
 
 what competent, as against party bound to iudemnify, 7 L. 107. 
 
 witness called to impeach another can only be asked his general character 
 as to veracity, 6 G. 706. 
 
 of jurors to show verdict rendered under mistake, admissible, when, 6 
 G. 219. 
 
 when creditor competent vsdtness for purchaser, of land sold to pay his 
 debt, against devisees recovering said land from purchaser, 6 G. 320. 
 
 when plaintiff in unlawful detainer may prove that defendant entered on 
 a parol lease from himself, 8 G. 107. 
 
 when, as to set-off admissible under plea of non assumpsit, 8 G. 110. 
 
 what, inadmissible in suit by lessor against lessee and another, to whom 
 lessee has granted land after expiration of his lease, 9 G. 220. 
 
 when, of dissolution of partnership inadmissible unless defendants file af- 
 fidavit under the statute, 9 G. 615. 
 
 for what purpose proof that deed was misunderstood admissible, 11 G. 537. 
 
 when, of failure of executors to account for purchase money of land, inad- 
 missible, 13 G. 587. 
 
 in action for seduction, of a promise to marry is admissible, 13 G. 573. 
 
 when, as to motives admissible, 16 G. 64. 
 
 when obligor not competent witness for co-obligor, 13 G. 644. 
 
 when purchaser of part of land in controversy a competent witness,' 13 G. 
 468. 
 
 when person interested in favor of both parties a competent witness, 13 
 G. 644. 
 
 one party to contract not competent to prove he was alone bound, when, 19 
 G.l. 
 
 when husband not a competent witness after death of his wife, 12 G. 372 
 
 when maker of note not a competent witness to prove usury, 16 G. 94, 99. 
 
 when assignee of a bond a competent witness, 17 G. 11. 
 
 a witness competent for one purpose is competent for all purposes, 19 G. 1. 
 
 of jurors inadmissible to impeach their verdict, 14 G. 613 ; 21 G. 205. 
 
236 EVIDENCE. 
 
 EVIDENCE, Admissibility, Coniinued. > 
 
 for what, of "members of legislature inadmissible, 15 Gr. 457. 
 is admissible if relevant, 23 G. 409. 
 i when, of fraudulent representations in suit on a warranty, disregarded, 24 
 
 G. 31. N 
 
 when, inadmissible in itself, allowed, 15 G. 279. 
 ■vs^hen, of husband whose wife is distributee of a legatee, inadmissible, 23 
 
 G. 477. 
 when opinion of drover as to weight of hogs admissible, 23 G. 561. 
 when, in one suit admissible in another, 22 G. 330. 
 what plaintiff at law competent to prove. What not, 24 G. 74. 
 what, admissible to rebut presumption of adversary possession, 24 G. 74 ; 
 
 7 L. 546. 
 what, not admissible on a general plea of payment, 26 G. 320. 
 what competent as original, in assumpsit for value of goods stored, 26 6. 
 
 585. 
 of attesting witnesses seeking to impeach will, received with jealousy, 27 
 
 G 96. 
 what, admissible in action for injuries against railroad company, 27 G. 455. 
 what inadmissible in action of unlawful detainer, 28 G. 750. 
 when court may admit, after close of argument, 28 G. 299. 
 what admissible in action of slander, malicious prosecution and false im- 
 prisonment, 29 G. 192. 
 in rebuttal of evidence which has been excluded, inadmissible, 29 G. 192. 
 what admissible in action by administrator for damages for death of his 
 
 intestate, 29 G. 431. 
 what admissible as to a conspiracy. "What not, 31 G. 469. 
 when objections to competency of witness must be taken. When waived, 
 
 29 G. 732. 
 what, admissible as to lines of a street in a city, 29 G. 780. 
 as to admission or rejection of, dependent on other evidence, 30 G. 1. 
 when statements of one as to contract in which another is interested is, 
 
 against the other, 30 G. 689. 
 when, of general character of defendant inadmissible, 31 G. 469. 
 when statements of father, to show whether gift was an advancement, 31 
 
 G. 84. 
 when, of endorser of note inadmissible, 2 P. & H, 91. 
 in assumpsit for erecting a house, of defective work is admissible, 2 P. & 
 
 H. 133. 
 principal in bond a competent witness to prove contract of forbearance 
 
 between himself and creditor, 2 P. & H. 504 
 that deceased left widow and children, admissible in suit under the statute 
 
 against railroad company for killing a person, 30 G. 602. 
 what, admissible to prove effect on adjoiniag lands of bailding a dam, 32 
 G. 684. 
 
 a Witness is not incompetent because he heard other witnesses examined, 
 6 G. 684. 
 
 counsel in a cause may be a competent witness forhis client, 26 G. 585. 
 
EVIDENCE. 237 
 
 EVIDENCE, Admissibility, Continued. 
 testimony as to correctness of a copy inadmissible unless original ac- 
 counted for, 12 G. 554. 
 when surviving partner, defendant, competent witness for plaintiff, though 
 
 plaintiff not a competent witness himself, 33 Gr. 342. 
 when wife competent witness on bill to subject her separate estate, 33 Gf 
 
 377. 
 what defendant may give in, under general issue in case for assault and 
 
 battery, 33 G. 413. 
 in joint action of trespass against several it is competent to show provoca- 
 tion received by one of them, 33 G. 413. 
 what statement of witness as to plaintiff's general character for truth and 
 
 veracity admissible. What not, 33 G . 413. 
 witness not a party is not disqualified on account of interest only, 33 G. 
 
 451. 
 of pecuniary condition of defendant is admissible in action by father for 
 seduction of his daughter, 33 G. 722. 
 3. Copies : 
 when copy of lost bond admissible in, 1 W, 252. 
 copy of record not admissible in court whose record it is, 2 W. 215. 
 when copy of patent and private survey admissible, 2 W. 276. 
 copy of unrecorded deed certified by clerk inadmissible, 1 C. 117. 
 copy of deed duly proven admissible if party refuse to produce original, 1 
 
 C. 117. 
 notarial copy of protest not, unless more authentic copy cannot be had, 6 
 
 C. 5 
 what copies, under §24 of district court law of 1792, 1 M. 175. 
 when certified copy of recorded deed, without proof of loss of original, 4 
 
 M. 473isee5C 279. 
 certified copy of deed is admissible as primary, Gil. 235. 
 copy of deed is, on proof of loss of original. 2 K. 539. 
 when and how certified copy of recorded deed which was not required to 
 
 be recorded, admissible, 2 R. 539. 
 copy of will improperly admitted to- probate is, 1 G. 165. 
 copy of biU and protest with affidavit of loss of original not, against draw- 
 er, 3 M. 521. 
 copy of a copy of deed or decree not, if original, or first copy, can be ha<5, 
 
 4 M. 310. 
 when and for what copy of judgment of General Court, 2 V. C. 111. 
 when copy of account from partnership books, in Court of Appeals, 1 G. 
 
 526. 
 copy of deed recorded in county where land does not lie, not evidence in 
 
 place of original, 2G. 216. 
 copy of will, or decree, certified by clerk i.s competent, 5 G. 157. 
 , when copy of deed, as between parties claiming under it, though not re- 
 corded in county where land lies, 9 G, 146. 
 when copy of decree made in another suit prima facie, of a charge in the 
 bill, 3 G. 342. 
 
238 EVIDENCE. 
 
 EVIDENCE, Copies, Continued. 
 when copy of deed from clerk's office where it was acknowledged, though 
 
 land lay in another county, 4 G. 73. 
 copies of surveys and patents from Register's office, in place of originals, 4 
 
 G. 73. 
 ^ of what certified copy of hooks of county surveyor, 13 G. 468. 
 abstract of patent certified by register is prima facie, of issuing of grant, 14 
 
 G. 30. 
 when office copy of deed improperly recorded is, in a case of escheat, 12 G. 
 
 564. 
 testimony as to cfirrectness of a copy inadmissible unless original accounted 
 
 for, 12 G. 554. 
 what sufficient to let in copy of a last will, 18 G. 624. 
 when copy of record from another State is, 18 G. 624. 
 certified copy of deed improperly admitted to record is not, 33 G. 429. 
 4. Confessions and Declaeations: 
 of mortgagee that mortgage was paid admissible, 2 C. 275, 
 when declarations of one confederate, in suit against another, 6 E. 285. 
 qmere, if declarations of testator of intention in making a deed are, 2 SI. 
 
 209 
 quxre, if declaration by assignor of payment to him before assignment is, 
 
 against assignee, 3 M. 136. 
 acknowledgment of debt by one partner after dissolution of firm not, against 
 
 other partners, 3 M. 191. 
 what declarations of plaintiff not, in trespass for taking away goods, 4 M. 
 
 136. 
 what, not admissible in an action of slander, 6 M. 465. 
 of person not a party, that he committed the trespass, not, 4 M. 458. 
 as to admission of declarations of one interested in controversy, 3 R. 399. 
 when declarations of deceased as to his ownership of land not, 5 G. 168. 
 what defendant may give in, on plea of payment in action of debt, 8 G. 
 
 557. 
 when declarations of maker of note admissible to confirm evidence arising 
 
 from its face, 9 G. 68. 
 what, admissible in suit against assignor of bond, by party furnishing as- 
 signee goods on faith of said assignment, 9 G. 485. 
 ' what paper signed by administrator in intestate's lifetime not, against 
 
 him, 7 G. 257. 
 what admissible, endorsement on bond being equivocal, 10 G. 318. 
 what statements of a dead chairman admissible. Whatnot, 10 6. 445. 
 what declarations of agent who procured deed not, against grantee, 11 6. 
 
 752. 
 what acts of .such agent, against grantee to show fraud, 11 G. 752. 
 what declarations of grantor in voluntary deed not, against grantee, 11 
 
 G. 752. 
 what not, in a suit for freedom, 12 G. 484. 
 parol declarations of principaJ to agent are, to prove agent's authority, 12 
 
 6. 554. 
 
EVIDENCE. , 239 
 
 EVIDENCE, Confessions and Declarations, Continued. 
 
 what declarations of defendant not, on motion to quash attachment, 21 
 G. 158. 
 
 •what, competent for plaintiffs in a suit for freedom, 15 G. 314. 
 
 when acts, admissions, &c., of principal obligor, against his sureties. 21 G. 
 722. 
 
 what statements of engineer of railroad not, as to indebtedness of the com- 
 pany, 12 G. 655. 
 
 when statements of a deceased person as to corners of a survey not, 13 G. 
 
 when privies bound by statements of party made in another case, 17 G. 
 
 160. 
 parol admission of party to a suit always admissible against him, 21 G-11. 
 when admissions of wife not, to prove husband's inteiition to leave the 
 
 State, 21 G. 138. 
 when statements of agents of railroad company not, in suit against it, 26 
 
 G. 328. 
 as to confession of parties receiVed with caution. Weight of, 2 P; & H. 616: 
 when declarations of surveyor and others evidence, 1 G. 211. 
 5. DOCUMENTAEY : 
 
 a. Books: 
 
 account book kept by former clerk is admissible, 1 W. 76. 
 
 when account book not admissible, 1 W. 172. 
 
 treasury books conclusive, against treasurer and his sureties, Gil. 235. 
 
 when book of bank teller admissible, 5 E. 666. 
 
 when entries on plaintiff's books, to show to Whom goods sold, 2 G. 250. 
 
 how plaintiff may show account was erroneously copied from books, 6 G. 
 
 151. 
 books of grantor in trust deed, of amounts due creditors secured, 7 G. 476. 
 what entries in books not, against plaintiff in suit for freedom, 15 G. 314. 
 book of firm competent, to show its debts as against partner who has agreed 
 
 to pay them, 32 G. 481, 
 when entry in account book by administrator's clerk, against party charged, 
 
 2 W. 151. 
 
 b. Deeds : 
 
 if execution of unrecorded deed is proved, it is admissible, 1 W. 319. 
 neither deed of indemnity nor debits of anterior date, against a settled 
 
 account, 4 C. 38. 
 when deed thirty years old, without further proof of its execution, 2 M. 
 
 129 ; 12 G. 670. 
 when a joint and several covenant, in suit against one covenantee, 3 M. I684 
 biU of sale of slave is, though not recorded, 4 M. 373. 
 when on trial of writ of right, power of attorney from demandant to a^nt 
 
 is admissible, 1 G. 165. 
 grant of escheated land iu this case void and not, 1 M. 134. 
 deed of emancipation recorded in district court not, in suit for freedom, 6 
 
 M. 191. 
 
240 EVIDENCE. 
 
 EVIDENCE, Documentary, Deeds, Continued. 
 when deed of marriage settlement conclusive, against husband's creditors, 
 
 5 M. 86, 
 
 a deed is presumed to have been executed on day of its date, 6 M. 550. 
 
 what necessary to admit old deed in, without proof of its execution, 5 G. 
 110. 
 
 recitals in deed not, against those claiming adversely to it, 5 G. 168 ; 6 G. 
 277; 9 G. 194. 
 
 what party offering deed of commissioner under decree in, must offer with 
 it, 8 G. 6. 
 
 original deed authenticated for record is, without proof of its execution, 9 
 G. 115 
 
 when recitals in sheriff's deed, against strangers setting up adverse title, 4 
 G. 141. 
 
 collector's deed is not prima facie, of regularity of his proceedings, 5 G. 120. 
 
 when an invalid deed admissible in, and for what, 12 G. 462. 
 
 when deed, to repel presumption of slavery, 15 G. 314. 
 
 when recitals in deed not, of facts recited, 18 G, 53. 
 
 how delivery of a deed established, 33 G. 497. 
 
 deed is presupied to have been delivered at its date, 33 G. 497. 
 c. Depositions : 
 
 not admissible against new defendant in equity, 1 W. 230. 
 
 need not be signed by witness, 1 W. 372. 
 
 when deposition de bene esse not admissible, 2 W. 75. 
 
 taken out of State without notice of application for commission inadmis- 
 sible, 1 C. 405. 
 
 taken in one suit not, in another between different parties, 1 C. 487. 
 
 taken in suit with factor, against principal in suit for same cause, 1 C. 487. 
 
 when objections to depositions for want of notice not regarded on appeal, 
 
 6 G. 78. 
 
 when, given in answer to leading questions suppressed. When not, 3 G.330. 
 what caption sufficient to make deposition, in unlawful detainer, 8 G. 6. 
 when objection to form of exception to deposition does not arise, 4 G. 58. 
 in suit against one obligor not, in suit against another, 13 G. 644. 
 in suit between ancestors of caveator and caveatee, in subsequent suit, 13 
 
 G.468. 
 when deposition of witness cannot be contradicted, &c, 12 G. 484. 
 when answer as to character of a party not struck out of deposition, 25 
 
 G. 343. 
 when, to perpetuate testimony irregular and inadmissible, 1 P. & H. 109. 
 what, of identity suflBcient to allow deposition to be read, 28 (t. 299. 
 when, caimot be read in two suits, 3 G. 357. 
 
 as to admissibility of, taken after interlocutory decree, or returned before 
 .. final hearing, 33 G. 730. 
 d. Letters : 
 
 of plaintiffs to defendants filed by them and read on former trial is, for 
 plaintiffs, 2 G. 850. 
 
EVIDENCE. 241 
 
 EVIDENCE, DocuMENTAEY, Letters, Continued. 
 what does not authorize, of a local usage giving meaning to letter not in- 
 tended, 3 G. 25a 
 of parties in a divorce case, to shovr intention to desert plaintiff, 21 G-. 43. 
 effect of post mark of a letter as, 1 P. & H. 228. ' 
 
 when letter admitted to show circulation, not propogation, of slander, 2 
 W. 167. 
 e. Maps and other Writings .- 
 
 when affidavits admissible, 1 "W. 156. 
 
 when note in which blank was flUedup by payee after signature, 2 "W. 164. 
 
 administration bond not, unless declaration shows plaintiffe are justices 
 1C.345. 
 
 auditor's warrant presumed paid until shown otherwise, 3 C. 6. 
 
 affidavit of witness to will as to matters not in the will is not, 3 C. 225. 
 
 when survey, in Court of Appeals, 3 C. 259. 
 
 account given out by merchant's clerk without his authority not, 6 C. 12. 
 
 negotiable note is, if stamped before it became payable, 5 M. 490. 
 
 when calls and descriptions of a survey are evidence, 1 Gr. 211. 
 
 indemnifying bond with penalty and condition is, 1 G. 274. 
 
 ex parte affidavit taken in London under English act is not, 3 H. & M. 89. 
 
 writing running in name of one not, on declaration against two, 3 M. 118. 
 
 when account made by a third person not, 3 E. 458. 
 
 what entry not, to make original, what would have been a collateral 
 promise, 6 K. 509. 
 ' how far bond given by guardian on settlement with ward, 6 R. 574. 
 
 bond not stamped according to act of Congress not, 1 V. C. 128. 
 
 when affidavit of notary that notice of dishonor of note was given is not, 
 2 G. 534. 
 
 clerk's endorsement on deed not conclusive, of day it was left for record, 
 2 G. 471. 
 
 executor's account under oath is prima fade, 3 M. 198. 
 
 when field notes of surveyor, that land is not included in patent, 2 E. 87. 
 
 when receipt of constdlfcle not admissible, 3 G. 286. 
 
 what no ground for excluding constable's receipt, 9 G. 13. 
 
 what, tenant in ejectment claiming under junior patent may introduce to 
 show possession under color of title prior to his patent, 5 G. 110. 
 
 what paper signed by administrator in life time of intestate not, against 
 him, 7 G. 257. 
 
 endorser cannot question genuineness of note or show it has been altered, 
 without an affidavit, 9 G. 622. 
 
 what competent to corroborate other evidence of agency, 9 G. 649. 
 
 what, to sustain presumption of payment, 9 G. 649. 
 
 what competent, to prove a survey was not actually run, 10 G. 445. 
 
 what, to make out title if deed of sheriff for land sold for taxes is defec- 
 tive, 10 G. 421. 
 
 what, admissible and inadmissible, o^ plea of mow eat factum in this case, 11 
 G. 377. 
 
 qusere, as to what is, in this case, 11 Or. 724. 
 
 31 
 
242 EVIDENCE. 
 
 EVIDENCE, DocuMENTABY, Maps and other Writings, Continued. 
 
 what tenant may show to prove adversary possession in a writ of right or 
 ejectment, 11 G. 420. 
 
 of what receipt of constable is, and against whom, 3 G. 286. 
 
 what, for tenant to disprove identity of patentee with ancestor of the de- 
 mandant in a writ of right, 4 G. 73. 
 
 account of sales rendered by consignee prima/acie, of its correctness, 4 G. 163, 
 
 when receipt endorsed on bond, without proving it by a witness, 11 G. 99. 
 
 when diagram of surveyor, but not his field notes, 11 G. 527. 
 
 when surveys not, 13 6. 468. 
 
 when plat and survey of tumpijce recorded in clerk's office, 15 iG. 244. 
 
 map of Norfolk not made by authority of city is not, 20 G. 833. 
 
 when no proof of signature of an order necessary, 18 G. 53. 
 
 when tenant may show by landlord's receipt that his term is not out, 21 
 G 11. 
 
 when report of surveyor competent, 22 G. 378. 
 
 written contract for sale of land made in 1864, though not stamped, 22 G. 
 888. 
 
 what receipt, in assumpsit for value of goods stored, 26 G- 585. 
 
 how far commissioner's statement of sheriff's indebtedness, against him 
 and his sureties, 27 G. 608. 
 
 when commissioner's report settling executor's account not, against devi- 
 sees, 27 G. 789. 
 
 when check, under money counts. When not, 28 G. 165. 
 
 when executor's account twenty years old, J. 51 
 
 affidavits of proof of debts before Lord Mayor of London not, under act 5 
 George 2, J. 58. 
 
 when elder patent, for tenants in a writ of right, 1 P. & H. 301. 
 
 bond produced on trial is presumed to have been properly obtained, 1 C. 
 123. 
 f. Secords: 
 
 execution hook kept by clerk is prima facie, 1 W. 92. 
 
 judgment of a court presumed to be fair, 1 "W. 306. 
 
 answer of one defendant not, against another, 1 W. 389 ; 5 L. 404. 
 
 when in suit for freedom verdict in former suit finding mother a slave 
 conclusive, 2 W. 64. 
 
 execution of court to which motion is made is a part of the record %vithout 
 certiorari, 1 C. 471. 
 
 under a general replication plaintiff cannot give a former suit in, 3 C. 1. 
 
 guardian's account settled by court the best; vouchers may be lost, 4 C. 
 453. 
 
 decree against executor only prima facie, against heir or devisee, 6 C. 308. 
 on trial of issue out of chancery papers read on hearing or at former trial 
 
 are, 1 H. & M. 13. 
 when record, to prove mother of plaintiff recovered her freedom, 2 H; & 
 
 M. 193. 
 appraisement prima /aoie, of value of estate, 3 M. 65. 
 
EVIDENCE. 243 
 
 EVIDENCE, DooUMEJfTABY, Secords, Continue. 
 
 record of judgment in court of another State conclusive, of judgment. 
 How opposed, 4 M. 241. 
 
 only competent, that award was set aside is a transcript of the record, 4 
 M. 241. 
 
 when order appointing commissioners to allot dower, andfor what, 6 K. 
 541. 
 
 when bill by a bank, in subsequent suit between same parties, 1 G. 108. 
 
 when record in one suit not, in another, 1 M. 373, 398 ; 2 M. 167; 2 L. 474, 
 642;2G. 250;20G. 544. 
 
 judgment against executor not, against heir or devisee of real estate, 1 M. 
 437. 
 
 for what purpose only record is, in ejectment, 4 M. 310. 
 
 when judgment against sheriff not, against his sureties, 4 E. 317. 
 
 record of judgment confessed by sheriff, against sureties of deputy, 2 L. 
 393. 
 
 answer of one defendant not, for another, 5 L. 65. 
 
 answer of guardian ad litem not, against infant, 1 Eob. 4S9. , 
 
 record of suit between other parties not, 2 Gr.250. 
 . judgment against principal on abond not conclusive, against sureties, 2 R, 
 313. 
 
 report of commissioners and decree thereon not conclusive, against person 
 not a party, 3 R. 511. 
 
 judgment against executor not conclusive, against Ms surety, 6 L. 116. 
 
 what extracts from a record are sufficient, 7 1. 68. 
 
 executor's account settled by commissioners presumed correct, 4 M. 369. 
 
 what, that partition had been made by a decree, 5 Gr. 110. 
 
 when decree of partition, of title without producing the whole record, 5 
 G. 157. 
 
 when plaintiff comes into equity for discovery answer is, as testimony of a 
 witness, 6 G. 427. 
 
 record of conviction of witness of petit larceny in another State not, to im- 
 peach his veracity, 6 G. 706. 
 
 when answer of assignor of a debt, against volunteer assignee in a case be- 
 tween assignee and third persons, 7 G, 476. 
 
 of what record not prima faeie, against tenant, if neither he nor demand- 
 ant were parties, 8 G. 68. 
 
 what competent, iu ejectment, plaintiff claiming under deed froracpmmis- 
 sioner of delinquent lands, 10 G. 445, 
 
 how far decree in personam against absent debtor, in proceeding to enforce 
 
 it, 3 G. 94. 
 when necessary to show authority of marshal to convey lands, 5 G. 168. 
 when record in suit between debtor and creditor conclusive, in detinue by 
 
 trustee in the deed securing the debt, 10 G, 560. 
 objection that decree offered in, was not recorded in county where land 
 
 lies cannot be first made in Court of Appeals, 5 G. 157. 
 when record in one suit not binding in another, 12 G, 317. 
 
244 EVIDENCE. 
 
 EVIDENCE, DocuMENTAEY, Eecords, Continued. 
 
 when record in chancery suit, as a link in title in an action of ejectment, 
 13 G. 152. 
 
 when record of another action between other pai^ties not, in ejectment, 15 
 G. 202. 
 
 what record, in suit by landlord against tenant, 15 G. 279. 
 
 in suit for false imprisonment record of case in which imprisonment oc- 
 curred is, 16 G. 64. 
 
 when order book of county court evidence ; how proved, 19 G. 14. 
 
 when record in criminal case, to prove trespass in civil case. When not, 
 19 G. 50. 
 
 of what ex parte settlement by commissioner not, 20 G. 800 ; 27 G. 789. 
 
 when records in other cases evidence in trial for forgery, 20 G. 800, 
 
 what competent, in suit for freedom, 15 G. 314. 
 
 commissioner's account not, against heirs notparties to cause, 17 G. 534. 
 
 when record of ended suit, in suit arising out of it, 22 G. 330. 
 
 what no variance between declaration and order of court offered in, 22 G. 
 302. 
 
 record of circuit court of Monroe county, West Virginia, proper, of a judg- 
 ment of county court, 23 G. 880. 
 
 when record of suit in another State, against absent -defendant, 24 G. 42. 
 
 when record of execution of sheriff's bond, 24 G. 325. 
 
 when additional return on an exceptio'n not, 25 G. 211. 
 
 when record in former suit, in another, 25 G. 704. 
 
 when record prima fade, that counsel was authorized to appear for defend- 
 ant, 26 G. 765. 
 
 when record of creditor's suit, in suit by receiver of bank against debtor, 
 27 G. 365. 
 
 when record in suit against executor, in suit against him and grantees to 
 set aside a deed, 27 G. 587. 
 
 a record if introduced is, for all purposes, 31 G. 651. 
 
 record in unlawful entry and detained is, in a writ of right, 1 P. & H.301. 
 
 when a decree is admissible, 1 P. & H. 121. 
 
 answer of husband not, for vrife in suit to subject her separate estate ; how 
 
 far her answer evidence, 33 G. 377. 
 answer to specific interrogatories in bill is, for defendant, 33 G. 567. 
 
 6. EXPEETS : 
 
 court may hear, as to whether witness is an expert, 6 E. 704. 
 
 who are admissible as experts, 21 G. 800. 
 
 when testimony of physician admissible, 14 G. 592. 
 
 7. Handwkiting : 
 
 when proof of, and of death of subscribing witness, sufficient to submit 
 
 case to the jury, 1 C. 561. 
 witness as to, may refer to papers to refresh his memory, 6 E. 316. 
 when, of party making instrument may be proved, 1 L. 483 ; 4 E. 325. 
 what competent evidence of, in court of probate, 2 L. 249. 
 when, of suliscribing witness may be proved, 4 K. 325. 
 by what proof vritness called to prove, may be impeached, 8 G. 267. 
 
EVIDENCE. 245 
 
 EVIDENCE, Handwriting, Continued. 
 when testimony of witness as to, to a paper not before him, proper, 8 G. 
 
 267. 
 when act Sup. E.G. p. 265 dispensingf with proof of, applies, 3 G. 182, 422. 
 what is admissible evidence of, 20 G. 733, 800 ; 27 G. 313. 
 what knowledge of, renders witness competent, 22 G. 405. 
 as to evidence of, on trial of issue out of chancery, 31 G. 323. 
 
 8. Hearsay : 
 
 when, to prove pedigree admissible, 1 W. 123. 
 
 general rule and exceptions as to, 2 W. 146. 
 
 declarations of person not a party that he committed the trespass is not, 
 
 4 M. 458. 
 as to, in suit for freedom on ground of descent from an Indian, 4 E. 611. 
 competency of, to prove boundary, 8 L. 697. 
 to prove occupier of land was owner, inadmissible, 12 G. 277. 
 character of master cannot be proved in a suit for freedom, 12 G. 484. 
 when written opinion of attorney is, 18 G. 53. 
 in suit for freedom hearsay, thatplaintiif was free, not admissible, 4 G. 58. 
 
 9. Laws : 
 
 private acts not noticed judicially but are, as documents, 5 M. 324. 
 qusem, if construction of foreign, should be by court or j ury, 17 G. 47. 
 
 10. Official Certificates : 
 
 certificate of notary that lease was acknowledged, not, 1 E. 456. 
 
 certificate of postmaster general is not, 7 L. 115. 
 
 certificate of acknowledgment of deed by< justice not conclusive, of its 
 
 execution, 2 G. 394. 
 what a due authentication of a statute of Ohio, 11 G. 477; 
 when certificate of justices to deposition not, of the facts it states, 12 G. 
 
 484. 
 of what certificate of auditor of land forfeited for taxes, ,15 G. 190. 
 
 11. Parol : • 
 a. Admissible : 
 
 admitted to prove absolute deed a mortgage, 1 "W. 14. 
 
 how far, admitted in the construction of a wiU, 1 W. 53. 
 
 to prove meaning of parties in marriage articles, 2 C. 5. 
 
 to prove consideration of a deed was marriage, 2 C. 125. 
 
 when written or, admissible toshow whether contract was for paper money^ 
 
 3 C. 122 ; see 5 C. 107. 
 how for evidence dehors a deed may be received, 3 C. 239. 
 defendant may sljow by, that when he plead tender and refusal in a former 
 
 suit he paid money to clerk, 3 C. 243. 
 defendant in ejectment may prove by, that plaintiff's patent was obtained 
 
 contrary to law, 4 C. 213. 
 for jury to presume against a deed a relinquishment or reconveyance, 1 H. 
 
 & M. 54. 
 in a' question of boundaries, 1 H. & M. 177. 
 to explain written agreement, 2 H. & M. 618. . 
 for what purpose, in caSes as to cancelling of wills, 3 H. & M, 502. 
 
246 EVIDENCE. 
 
 EVIDE>(CE, Pakol, Admissible, Continued. 
 
 for what purpose, in questions of jointure, &c., 4 H. & M. 23. 
 
 to show vendor did not have land he agreed to sell, 4 H. & M 83. 
 
 to explain word " increase " used in a will, 4 H. & M. 283. 
 
 declarations of guardian that he did not intend to charge ward for board, 
 1 M. 119. 
 
 to prove/, fa. was levied, though no return made on it. 1 M. 269. 
 
 to set aside a deed for mistake or fraud, 2 M. 187. 
 
 acknowledgment of person that he received of plaintiff money for defend- 
 ant, 2 M. 316 
 
 to prove deed executed to defraud creditors, in detinue for slaves, 2 M. 
 329. 
 
 that notice was given plaintiff that note was without consideration, 4 M. 
 496. 
 
 to show that clause of warranty should not he in a deed, 6 M. 439. 
 
 to show other consideration than that mentioned in deed, 1 K. 219. 
 
 to prove contents of will probated but destroyed by enemy, 3 R. 167. 
 
 to' impeach evidence under seal on the ground of fraud, 4 K. 368. 
 
 declarations of grantor as to intention in making deed, 5 E. 211. 
 
 as to conduct of parties as to execution of contract, 5 L. 59. 
 
 to rebut presumption of adverse possession, 7 L. 546. 
 
 to raise an implied trust, 7 L. 566. 
 
 to show scroll was put on will as a seal, &c., 2 G. 439. 
 
 qusere, whether, to show executor was to qualify without security, 7 Cr. 36. 
 
 to prove note was signed as principal not as agent, 9 G. 68. 
 
 that clerk of drawee of bill was authorized to refuse acceptance, 11 G.260. 
 
 as to whether deed conveyed one or two lots, 13 G. 587. 
 
 principles as to admission of, to affect written contracts, 13 G. 705. 
 
 to prove contents of a letter, 21 G. 220. 
 
 as to contents of a book, 21 G. 251. 
 
 as to an ordinary hire bond, 16 G. 410. 
 
 to show a covenant was executed prior to its date, 17 G. 427. 
 
 to prove intention of parties to a lease, 18 G. 304. 
 
 to prove for whom labor mentioned in note was performed, 19 G. 354, 
 
 to explain paper of doubtful meaning, 21 G. 291. 
 
 to prove intention of parties to contract for sale of land, 21 G. 132. 
 
 to set up a resulting trust, 22 G. 573. 
 
 to show currency in which a bond was to be paid, 22 G. 697. 
 
 to prove bond was a Confederate contract, when, 23 G. 534. 
 
 to prove deputy aided sheriff in defending suit against the latter, 24 G. 
 176. 
 
 to prove consideration of a bond and character of contract, 24 G. 433. 
 
 to prove subject of a previous suit, 25 G. 755. 
 
 in suit on an insurance policy, 29 G. 255, 361. 
 
 to prove forfeiture of policy waived, &c., 29 G. 361. 
 
 to prove the consideration of a deed, 31 G. 791. 
 
 to show payments were not to be in Confederate money, 24 G. 484, 
 
 in relation to object or subject of a legacy, 25 G. 599, 
 
EVIDENCE. 247 
 
 EVIDENCE, Parol, Admissible, Continued. 
 
 if not inconsistent ^^ith record to which it refers, 30 Gr. 496. 
 
 to prove agreement by purchaser taking a deed for land to hold it for an- 
 other, 2 P. & H. 547. 
 
 to prove obligee in a bond perfect on its face had notice that it was deliv- 
 ered to principal on condition, 32 G. 595. 
 b. Not Admissfiile : 
 
 propositions of compromise which were ineffectual, 1 C. 18. 
 
 to explain a deed, 3 C. 194. 
 
 of contents of a permit not proved to have been lost, 4 C. 127. 
 
 in ejectment, to prove patent was irregularly obtained, 1 H. & M. 306. 
 
 in slander, of what plaintiff swore to in another suit, 3 H. & M. 388. 
 
 to vary or explain marriage articles, when, 3 H, & M. 399. 
 
 declarations of testator to explain bequest, 3 E. 83. 
 
 of receipts taken, unless they are produced or accounted for, 6 R. 574. 
 
 to vary a written agreement, 2 L. 630. 
 
 to affect a record, 7 L. 107. 
 
 to explain a written lease, 7 L. 632. 
 
 of agreement made at time of executing a deed, 2 G 280. 
 
 what, in action for a devaslamt by creditor against executor and sureties, 
 10 G. 477. 
 
 to prove agreement to divide land equally by two joint purchasers, 11 G. 
 327. 
 
 to incorporate in a written contract an outside matter, 13 G. 705. 
 
 in behalf of surety to prove obligee's promise that he should not pay bond, 
 13 G. 705. 
 
 to prove scroll at foot of instrument was intended as a seal, 15 G. 108. 
 
 to prove a deed was only part execution of a written contract, 18 G. 184. 
 
 to prove an agreement varying the liability of an endorser, 18 G. 200. 
 
 to show opinion of testatrix, to show she acted under mistake, 19 G. 758. 
 
 to prove kind of currency in which bond was to be paid, 21 G. 386. 
 
 to prove bonds were not to be paid according to their terms, 22 G. 755. 
 
 to prove maker of note was agent of Confederate government, 24 G. 19. 
 
 to prove that deed perfect on its face was delivered on condition, when, 
 27 G. 403. 
 
 as to an agreement in a lease, when, 27 G. 639. = 
 
 to sustain' resulting trusts, 28 G. 428. 
 
 to show that signer of paper never read it, &c., 28 G. 585. 
 
 in ejectment, to show courses, &c., in a deed are mistakes, 28 G. 766. 
 
 to prove bill of exchange was received in full payment of a debt, and that 
 drawer was not liable on it, 30 G. 672. 
 12. Sufficiency : 
 
 what, not sufioient on plea of non est factum, 1 W. 72. 
 
 of private conversation not sufficient to constitute an agreement, 1 W. 173. 
 
 what sufficient, of a promise to indemnify, 1 W. 280. 
 
 of one witness only will not outweigh an answer, 1 W. 389. 
 
 what not sufacient, of property or possession to sustain trespass, 2 H. & 
 M. 415. 
 
248 EVIDENCE. 
 
 EVIDENCE, Sufficiency, Continued. 
 when verdict and judgment conclusive, in a subsequent suit, 2 H. & M 55. 
 what sufficient, to authenticate act of foreign government, which was de- 
 stroyed, 2 M. 53. 
 acknowledgment of an account by wife not sufficient, against husband, 3 
 
 M. 29. 
 what not conclusive, for defendant in detinue for slaves, 4 M. 145. 
 what legally authenticated record of court of other State evidence of. 
 
 How opposed, 4 M. 241. 
 what not sufficient, for plaintiff in' detinue for a slave, 4 M. 186. 
 when deed of marriage settlement conclusive, against husband^s creditors, 
 
 5 M. 86. 
 testimony of editor sufficient, of publication, 5 M. 346. 
 treasury books conclusive, agatast treasurer and his sureties, Gil. 235. 
 judgment against principal on bond not conclusive, against sureties, 2 E, 
 
 313. 
 weight of, of ancient reputation and possession, as to streets, 3 R. 44. 
 commissioner's report and decree thereon not conclusive, against person 
 
 not a party, 3 E. 511. 
 verdict and judgment against executor not conclusive, against his sureties, 
 
 6L. 116. 
 what extracts from a record are sufficient, 7 L. 68. 
 
 endorsement of note prima fade, in assumpsit against endorser, 9 L. 221. 
 certificate of acknowledgment of a deed not conclusive, of its execution, 
 
 2 G, 394. 
 clerk's endorsement on defed not conclusive, of day it was left for record, 
 
 2 G. 471. 
 ' fund appointed by will for payment of debts presumed sufficient, 3 M. 59. 
 what acts of magistrate sufficient, of probable cause, 4 M. 462. 
 what sufficient, for defendant in qectment, 5 M. 7. 
 
 court should not instruct jury on sufficiency of, to maintain issue, 2 G. 333. 
 how far decree in personam against absent debtor, in proceeding to enforce 
 
 it, 3 G. 94. 
 collector's oath not sufficient, of regularity of his pi-oceedings. What 
 
 must be shown, 5 G. 120. 
 what, sufficient on motion by administratrix of sheriff against deputy and 
 
 his sureties, 9 G. 323. 
 statement in deed of trust of amount of debt secured not conclusive, 
 
 against grantor or his administrator, 7 G, 476. 
 what not, in appellate court that plaintiffs are heirs of person under whom 
 
 they claim, 10 G. 350. 
 what is, of notice to insurer of a loss, 26 G. 854. 
 how relation of husband and wife between colored persons, in February, 
 
 1866, established, 31 G. 283. 
 what, as to subscription to the stock of a railroad company, 32 G. 146. 
 13, In Ceiminal Cases : 
 what State may prove as to party whose name is forged on atrial for 
 
 forgery, 206. 733,800. 
 
EVIDENCE. ' 249 
 
 EVIDENCE, In Ceiminal Cases, Continued. 
 when entries on bank book, in trial for forgery, 13 G. 750. 
 when confessions made to person not jailer, against prisoner, 14 G. 652. 
 when admissions of prisoner, to prove former marriage in another Stjite 
 
 17 G. 582. 
 confession to constable not admissible, against prisoner, 17 G- 576. 
 when confession, against prisoner. When not, 10 G. 734 i 20 G. 724 ■ 24 
 
 G. 639; 27 G, 954. 
 when prisoner sljould not be convicted on his own admissions, 21 G. 809. 
 of threats made by others than prisoner, inadmissible, when, 14 G. 652. 
 when dying declarations admissible. When not, 2 G. 594 ; 14 G. 613 ; 19 
 
 &. 656 ; 26 G. 963. 
 burden of proof, when prisoner found in possession of stolen property, 21 
 
 G. 846. 
 when complaint of pain by person injured, as part of the res gestae, 14 6. 
 
 592. 
 when acts and declarations of co-conspirator, 21 G. 871. 
 when opinions of physician, in trial for homicide, 14 G. 592. 
 who are admissible as experts, 21 G. 800. 
 
 when record of conviction by mayor, in trial for larceny, 22 G. 912. 
 surgeon in case of a duel not obliged to testify, cwhen, 24 G. 624 
 when a decree for divorce, in a trial for murder, 25 G. 887. 
 what statements of prisoner, as part of the res gestae in trial for murder. 
 
 25 G. 921. 
 what, as to identity, admissible in case of robbery, 25 G. 943. ! 
 what not competent, in case of forgery, .27 G. 934 
 what statements not, in trial for larceny, 27 G. 997 ; 28 G. 942. 
 when declarations of party, as part of the res gestae, 28 G. 891. 
 efifect of possession of stolen goods, 28 G 969. 
 what not, in a case of conspiracy, 31 G. 469. 
 
 what is, and what is not, on prosecution for obtaining goods by false pre- 
 tenses, 31 G. 862. 
 when circumstantial, justiiies a verdict of murder in the first degree. 
 
 When not, 32 G. 912. 
 when, of good character of accused admissible on trial for receiving stolen 
 
 goods, 32 G. 946. 
 what, admissible to prove breaking open of house by prisoner, 3 G. 565. 
 on indictment for selling liquors, commonwealth may prove any offense 
 
 against the act, 3 G. 601. 
 attempt to escape or offer to bribe, made by prisoner is, 4 G. 541. ' 
 when, of witness of negro blood admissible on trial of a white man, 4 G. 
 
 541. 
 what, insufficient to establish a. conspiracy so as to let in declaration of 
 
 third person, 4 G. 547. 
 whatcommonwealth may prove on trial for larceny at a hotel, 4 G. 534. 
 to prosecution for felony prisoner's counsel cannot question witness as to 
 
 Kep chastity, 5 G. 664. 
 
 32 
 
250 EVIDENCE— EXAMINING COURT. 
 
 EVIDElSrCB, lisf Criminal Cases, Continued. 
 
 other questions improper in such case. Kecalling of witness is in discre- 
 tion of court, 5 G. 664. 
 
 ■what sufficient knowledge of a prisoner to allow witness to testify as to 
 his identity, 6 G. 684. 
 
 witness not allowed to state what was said by free negro on trial of a white 
 man, 6 G. 684. 
 
 no objection to competency of witness that he heard other witnesses ex- 
 amined, 6 G. 684. 
 
 record of conviction of witness for petit larceny in another State not, to im- 
 peach his veracity, 6 G. 706. 
 
 as to what witness on whom assault was made said to his wife inadmissi- 
 ble, when, 23 G. 960. 
 
 what cannot be asked witness called to impeach another, 6 G. 706. 
 
 when confessions of accomplice in felony not, against prisoner, 7 G. 641. 
 
 wheii new, introdueed after case submitted to jury, 5 G. 664 ; 7 G, 6.58. 
 
 when after discovered, sufiScient ground for a new trial, 8 G. 637. 
 
 what only competent, of conviction of prisoner and setting aside of ver- 
 dict, 8 G. 661. 
 
 qusere, yrhen, of former conviction should be suHmitted to jury, 9 G. 738. 
 
 on prosecution for forgery existence of bank whose note is forged proved 
 by parol, 10 G. 776. 
 
 ^hen on trial for murder deposition of witness, to contradict him, 10 G. 
 658. 
 
 what incompetent, on a trial for rape, 10 G. 722. 
 
 when it is not coiupeteijt for prisoner to prove what an absent witness 
 swore to on the first trial, 10 G. 722. 
 
 What, inadmissible in trial for an assault, 1 L. 581, 
 
 as to proof of note and its forgery, when note not in court, 13 G. 750. 
 
 proof of threats made by prisoner admissible, when, 14 G. 652. 
 
 in prosecution for uttering counterfeit coin, prisoner's knowledge of its 
 character must be proved, 16 G. 530. 
 
 of character of deceased not competent on trial for murder, 21 G. 909. 
 
 burden of proof is on prisoner who sets up defense of insanity, 33 G. 807. 
 
 mere cumulative, no ground for anew trial, 33 G. 807. 
 
 confession of prisoner on trial for murder admissible in this case, 33 G. S45. 
 
 prisoner held properly convicted of murder in first degree, 33 G. 872. 
 
 what statements of prisoner as to prior difiSculty with deceased, on trial 
 for murder, 33 G. 766. , 
 
 when particulars of assault made by prisoner on deceased on same day as 
 killing, in such case, 33 G. 766. 
 EXAMINING COUET. 
 
 before act of 1804, person could be tried in district court though he had not 
 
 been before, 1 V. 0. 129. 
 since act of 1804 person must go before, before he can be tried, 1 V. C. 144. 
 canpdt acquit of murder and remand for manslaughter, 1 V. C. 188, 253, 
 
EXAMINING COURT— EXCEPTIONS. 251 
 
 EXAMINING C0TJET, Continued. 
 how far and'in'what, can discriminate between grades of offences, 1 V. C. 
 
 186. 
 what record of, should show. For what defect in record indictment 
 
 quashed, 1 V. G. 271. 
 record of, need not set forth offence with same precf eion as an indictment, 
 
 2 V. C. 4. 
 as to time required between commitment of magistrate and sitting of the, 
 
 2V. C. 135. 
 when plea in arrest of judgment that prisoner had not been examined by, 
 
 overruled, 2 V. C. 158,231,314. 
 on change of venue judge need not certify copy of record of, 2 V. C. 162. 
 when judgment of, that prisoner is a freeman cannot be gainsayed, 2 V. 
 
 C. 262. 
 prisoner cannot be tried for felony in circuit court before examination in 
 
 county or corporation court, 5 L. 715. 
 what commitment by, no ground for an indictment for forgery, 9 L. 683, 
 warrant and examination held sufficient. Sunday counted as a day, 1 
 
 Rob. 691. . 
 
 cannot sign a"' bill of exceptions, 7 G. 673. 
 
 a second indictment may be found without another examination, 7 G. 673 
 if, sat during session of circuit court, at what term'prisoner should be tried,. 
 
 8 G. 600. 
 when prisoner remanded for embezzling goods of one, may be indicted for 
 
 embezzling goods of another, 8 G. 661 . 
 functions of, 16 G. 547. 
 
 when examination may be same day prisoner is committed, 18 G. 969. 
 where prisoned must be examined though law for, repealed, 19 G. 485. 
 prisoner indicted in hustings court not sent before, 19 G. 653. 
 quiere, whether prisoner niust be sent' before, 20 G. 733. 
 EXCEPTIONS; see BUI of .Exception. 
 to instructions of court ; when they should be stated, 1 W. 4. 
 when must be taken to commissioner's report, 1 W. 162, 224. 
 decree reversed for error on face of commissioner's account though there 
 
 were no, 2 W. 195. 
 award need not lie two terms before judgment, if exceptions are offered 
 
 earHer, 1 C. 379. 
 to an account cannot be first made in Court of Appeals, 3 C. 22. 
 when to a commissioner's account, not allowed, 3 C. 253. 
 reasons of .court presumed to be satisfactory unless set forth in bill of, 3 
 
 C, 382, 
 when suit may or may not be continued on ground of, to commissioner's 
 
 report, 1 H. & M. 201. 
 when defendant consenting to open award cannot take, 4 H. & M. 356. 
 Court of Appeals will nqt investigate account if no, taken, or if improperly 
 
 taken, 2 H. & M. 420. 
 when, to depositions taken under commission issued after cajise set for 
 
 hearing, may be made, 4 H. <& M. 401. 
 
252 EXCEPTIONS— EXECUTION. 
 
 1 
 
 EXCEPTIONS, Continued. 
 
 to an answer must be disposed of before taking further proceedings, 4 E. 
 250. 
 
 when plaintiff must except to answer as insufficient, 4 E. 454. 
 
 to depositions for irregularities cannot be first taken in Court of Appeals, 
 2 L. 401. 
 
 deposition of incompetent witness rejected whether excepted to or not, 2 
 L. 425. 
 
 what did not prevent plaintiff from taking, to depositions, 2 L. 425. 
 
 when court may refuse to certify the evidence or the facts, 1 G. 332. 
 
 objection to rejection of plea cannot be urged in appellate court if, not 
 taken in lower court, 2 G. 193. 
 
 when, to admissionof deposition must state grounds of objection, 2 G. 344. 
 
 what, to opinion of court refusing a new trial should state, 2 G. 366. 
 
 what evidence Court of Appeals considers when exceptions to opinion 
 of court refusing new trial states the evidence instead of facts proved, 5 
 G. 141 ; 6 G. 197, 287 ; 11 G. 636, 697. 
 
 what court will considfer when, only state the facts which the evidence 
 tended to prove, 6 G. 219. ^ 
 
 vf hen if relevancy of evidence is obvious, it is unnecessary' to insert it in 
 the bill of, 8G.539. 
 
 when bill of, may be looked to in considering a question made in another 
 bill of, 9 G. 649. 
 
 to commissioner's report, made after it had been returned for more than 
 six years, overruled, 9 G. 665. 
 
 when if, do not state answer of witness to the question objected to, judg- 
 ment affirmed, 10 G. 1. 
 
 taken to exclusion of evidence must show its relevancy, or judgment not 
 reversed, 4 G. 270 ; 10 G. 1. 
 
 Court of Appeals will not decide on, to refusal of court to grant instruc- 
 tion, not showing its relevancy, 11 G. 300. 
 
 when evidence is contradictory, court can only be required to state that 
 fact, 6 G. 712. 
 
 qusere, whether there was in this case ground of, 8 G. 606. 
 
 what need not be stated in, to compenteucy of a witness if exceptions sus- 
 tained, 25 G. 361. 
 
 answer not referring to commissioner's report not regarded as an exception 
 thereto, 33 G. 451. 
 
 to commissioner's report Cannot be first made in appellate court, 33 G.451. 
 EXECUTION ; see Fieri Facias; Sale. 
 
 1. In General. 
 
 2. Levy of. 
 
 3. Sale cndee. i . 
 1. In Genekal: 
 
 when a capias pro fine may issue. When prisoner discharged, 8 G. 702. 
 book kept by clerk is prima facie evidence, 1 W. 92. 
 second, cannot issue while replevy bond taken on first is in force, 1 W. 92. 
 against the body being enjoined, defendant should be discharged, 1 W. 120. 
 
EXECUTION. 253 
 
 EXECUTION, In General, Continued. 
 
 inferior, not appellate, court should correct errors in, 1 W. 303. 
 
 when ca. sa. cannot be served in county where defendant does not reside, 
 2 W. 72. 
 
 second, cannot issue until faulty forthcoming bond is quashed, 2 W. 189. 
 
 supersedeas lies from a judgment on a motion to quash an, 2 W. 194. " 
 
 when second, cannot issue if property taken on first restored by plaintiff's 
 order, 1 C. 18. 
 
 what return on, against sheriff, will authorize judgment against his sure- 
 ty, 1 C. 471. 
 
 of same court to which motion is made is part of record ^ithomt certiorari, 
 
 1 C. 471. 
 
 names of slaves taken in. should be endorsed on it, 1 C. 492. 
 
 when taking out second, is waiver of first and destroys its lieu, 1 C. 492; 
 
 2 Eob. 33. 
 
 judgment does not bind land after a year unless, or elegit Issues, 2 C. 125. 
 
 one forthcoming bond may be taken on several executions, 2 C. 290. 
 
 on motion on forthcoming bond defendant cannot prove that the, issued 
 
 against another, 2 C. 507. 
 when sheriff neglecting to return, at request of plaintiff, not liable to a 
 
 fine, 3 C. 44. 
 must in first instance issue to county where defendant live& unless he has 
 
 removed his effects, 4 C. 563. 
 return of " no effects " on, in favorof assignee of bond is sufScient to charge 
 
 assignor, 2 H. & M. 105. 
 when motion to quash is proper remedy if, issued against person not a 
 
 party, 4 H. & M. 293. ^ 
 
 what, not sufiicient to ground an action on an administration bond, 1 M. 1. 
 may by order of court be amended or returned any time after return day, 
 
 1 M. 269. 
 appeal to order quashing, against two, may proceed against sui;vivor only, 
 
 1 M. 269. 
 what omission in return on, no ground for reversing judgment on forth- 
 coming bond, 3 M. 308. 
 sheriff permitted to amend return on, after seven years ftom its date, 6 M. 
 
 181. 
 courts of chancery may quash, or correct errors in, 2 L. 361 
 may issue on judgment before decree affiurming its validity is entered in 
 
 chancery covirt, 4 L. 145. 
 against surety for damages incurred by principal, quashed, 4 L. 633. ' 
 when equity will refuse relief against fine for not returning an, 5 L 364. 
 issued by justice valid though purporting to be issued in another county, 
 
 iffactisnotso, 2 G. 363. 
 when a second, may issue. When not, 2 L. 361 ; 18 G. 13. 
 a new, may be obtained either by sei. fa. or on motion, 8 L. 554. 
 when title of vendee good against, issued by creditors of vendor, 2 G. 333. 
 landlord's lien for rent on chattels, only protects them from an, if they are 
 
 on demised premises, 3 G. 125. 
 
254 EXECUTION. 
 
 EXECUTION, In Geneeal, Continued. 
 
 lien of, expires with the authority to sell, 3 G. 328. 
 
 rights of stranger who has acquired equitable right to the benefit of an, 5 
 
 G.l. 
 when improper to issue, on interlocutory decree ; when proper. QnashecJ 
 
 or enjoined if improperly issued, 6 G. 451. 
 mere countermand of, by creditor after it is in sheriffs hands, does not re- 
 lease debtor's surety, 6 G. 509. 
 
 when tender of money in payment of judgment will authorize quashing 
 or enjoining of, when not, 6 G. 592. 
 
 when sheriff avowed commissions on, debtor having paid plaintiff, 9 G. 
 85. ■ 
 
 when, voidable only. How irregularity in issuing taken advantage of, 10 
 G. 278. 
 
 when mere error of form in, against executor, no defense in suit for devas- 
 tavit against him and his sureties, 10 G. 278. 
 
 form of elegit on judgment rendered against bankrupt before bankruptcy, 
 10 G. 580. 
 
 when sheriff allowed to amend return on ; who may make such amended 
 return, 10 G. 529. 
 
 how party claiming he has not credit for money paid sheriff ou, can have 
 error corr^ted, 10 G. 228. 
 
 when sheriff liable for loss ot propbrty, 18 G. 13. 
 
 lien of an. When judgment set aside, falls without an order to quash, 
 18 G. 216. 
 
 when may issue on judgment on dissolution of injunction thereto, 12 G. 
 ^79. 
 
 when one, may issue on judgments taken at different times, 18 G. 13. 
 
 when on motion to quash second, sheriff may amend return on first, 18 -G. 
 13. 
 
 how order to garnishee to pay junior, corrected by creditor in senior, 18 
 G. 216. 
 
 lien of; when prior to attachment lien, 12 G. 401. 
 
 presumption of law when, is in sheriff's hands, 24 G. 138. 
 
 TThen sheriff and sureties liable for the amount of an, 24 G. 138. 
 
 when return on, by sheriff is not evidence, 25 G. 211. 
 
 powers, duties and liabilities of sheriff as to, 30 G. 1. 
 
 when irregular and illegal. When proper to eiyoin, 30 G. 487. 
 
 lien of, on debtor's choaea in action continues after his death, 31 G. 525. 
 
 when statute of limitations begins to run if several executions issued and 
 returned, 33 G. 402. 
 
 when execution creditors paid in preference to mortgage bondholders of 
 railroad company, and how paid, 33 G. 645. 
 2. Levy of: 
 
 when creditor cannot levy on slave in hands of administrator of an execu- 
 tor who was a legatee, 4 0. 327. 
 
 qusere, can au, be levied on property conveyed by a deed which is not set 
 aside, 5 M. 332. » 
 
EXECUTION— EXECUTORY DEVISE. 255 
 
 EXECUTION, Levy of, Continued. 
 when, can be levied on property conveyed by marriage settlement, 6 M. 
 
 117. 
 levied after death of plaintiff held properly levied, 3 L. 392. 
 when slave who has been in loanee's possession for over five years subjected 
 
 to, against lender. When not liable to, against loanee, 4 Gr. 93. 
 on what elegit on judgment rendered be^re defendant's bankruptcy,should 
 
 be levied, 10 G. 580. 4. 
 
 effect of levy. "When plaintiff may abandon levy and sue out new, 18 
 
 G. 13. 
 when slave allotted to widow taken in, by creditor of husband's grantor, 
 
 12 G. 363. 
 when presumed to have been levied and money collected, 27 G. 440. 
 liability of sheriff who releases property levied on, upon a claim of home- 
 stead made by debtor, 33 G. 361; see ,32 G. 41. ' 
 3. Sale under : 
 if sale under a valid execution is voidj court may quash, 4 R. 427. 
 equity could enjoin sale under, in this case, 6 L. 189, 
 when plaintiff by directing sheriff to put off sale, releases sureties ftom 
 
 all executions, 1 M. 269, 
 sale by sheriff under, if bona fide is valid, though irregular, 3 G. 328. 
 when property sold under, and left with debtor, not liable to his creditors, 
 
 3 G. 328. 
 sale of interest of execution debtor before it is ascertained is void. Ee- 
 
 sponsibility of purchaser, 17 G. 85. 
 act of 1870 to prevent sacrifice of property at sales under, constitutional, 
 
 23 G. 173. V 
 
 bonds taken p,t sales under this act are in nature of forthcoming bonds, 
 
 23 G 173. 
 EXECUTOE ; see Personal Representative 
 EXECUTOEY DEVISE ; see Will. 
 court will not construe a contingent remainder to be an, 1 C. 165. 
 when a limitation over in a will good as an, 1 C 212. 
 what limitation of slaves in a will is good, 1 C. 338. 
 what construed an estate tail and not an, 2 C. 72 ; 6 M. 114. 
 gift to daughter and children of her body with reversion to grantor is 
 
 good, 2, C. 313. 
 limitation freeing slaves held not within rule against perpetuities, 2 C. 319. 
 limitation of personal chattels after dying without issue, too remote and 
 
 void, 2 C. 319. 
 limitation over on indefinite failure of issue held void, 2 M. 521 ; 4 R. 
 
 547 ; 9 L. 253 
 construed, 6 M. 47 ; 2 G. 506. 
 
 what words may and what words may not be supplied in an, 6 M. 114. 
 held too remote and void, 6 M. 114. 
 held good, 2 M. 479 ; 6 M. 174, 187, 455 ; Gil. 194. 
 limitation over held void for uncertainty, 4 B. 547. 
 executory bequest of personal propiarty held void in its creation, 1 L. 321. 
 
256 EXECUTORY DEVISE— EXTRA TERRITORIAL 
 OFFENCES. 
 
 EXECUTORY DEVISE, Continued. 
 
 cases of, well limited on a fee, 2 L. 119 ; 1 G. 303, 
 
 how, over to testator's children construed. Held void in this case, 27 G. 1. 
 
 EXHIBIT. 
 
 cannot he proved in equity viva voce without previous order of court, 2 H, 
 
 &M. 124. Jr 
 
 when plaintiff cannot get final decree on hill taken for confessed. 4 H & 
 
 M. 476. 
 when record in former suit not received as evidence by Court of Appeals, 
 
 1 M. 119. 
 when defendant should produce, referred to in his answer, 2 M. 105. 
 not essential to plaintiff 's case need not he filed, though referred to in 
 bill, 2 P. & H. 664. 
 EXPATRIATION. 
 
 quxre, can right of citizenship be relinquished without complying with 
 act concerning, 2 M. 393. 
 EXPERTS ; see Evidence. 
 
 EX POST FACTO LAWS. 
 
 if words admit of any other meaning laws are never presumed to be, 3 C. 
 
 268. 
 contrary to principles of constitution and void as to rights acquired prior 
 
 thereto, 4 C. 234. 
 act of 1779 adjusting pay of soldiers, &c., only restrained future entries, 
 
 4 0. 268. 
 provision of constitution forbidding, relates to crimes, &c., not to criminal 
 
 proceedings, 3 6. 602; 8 G. 661. 
 Code 1849 ch. 199, §25, not an ex post facto law, 9 G. 738. 
 EXTINGUISHMENT, 
 when Ijond by endorser not an, of note which he endorsed, 5 L. 471. 
 agreement by firm for lea-se of house not extinguished by debt of one 
 
 partner, 6 L. 495. 
 what not an, of a debt, 7 L. 277, 346, 594, 617. 
 
 individual partner's bond no, in equity of partnership debt, 9 L. 424. 
 EXTRA TERRITORIAL OFFENCES, 
 jurisdiction of Virginia courts as to. Ch. 136, 1 R. C. 1792; construed, 2 V, 
 
 C. 173, 
 
FAIRFAX— FELONY. 257 
 
 F. 
 
 FAIEFAX. 
 act of 1796 secured to purchasers from Denny M., lands ceded to them by 
 
 State, 6 C. 364. 
 what deed from Denny M., to James L. Marshall conveyed, 6 C. 364. 
 Lord Fairfax had a good title in fee to the soil of the Northern Neck, 9 
 L. 404; 6C.364. 
 FALSE IMPRISONMENT, 
 what no defence in action for- what damages plaintiff may recover, 16 
 G. 64. 
 
 FALSE PRETENSES, 
 when prisoner guilty of obtaining money, &c., under ; penalty, &c., 25 G. 
 
 965; 28 G. 912. 
 what charge by clerk to jury suflicient, 25 G. 965. 
 
 what a material allegation in indictment for obtaining money under, 28 
 G. 912. 
 FALSE SWEARING 1 see Perjury. 
 before clerk that person applying for marriage license is twenty-one years 
 old, a misdemeanor, when, 4 G. 554. 
 FEE ; see Estate. 
 FEES. 
 
 qusere, if, of deputy clerk can be distrained for, 1 W. 186. 
 
 if debtor able to pay jail, jailer cannot demand them from any one else, 1 
 
 C. 540. 
 when creditor may recover jail, paid by him to jailer, 1 C. 540. 
 motion lies against personal representative of sheriff for clerk's tickets left 
 
 in his hands for collection, 3 C. 220. 
 act of limitations no bar in such a case, 3 C. 220. 
 fiduciary allowed in his accounts, paid to counsel, 2 H. & M. 9. 
 heir not hound for clerk's, and taxes due from ancestor, 4 H. & M. 460. 
 sheriff's, for taking forthcoming bond may he included in it, 2 M. 266. 
 when debt of sheriff for clerk's, in his hands for collection presumed paid, 
 
 4M. 428. 
 of attorney for commonwealth in certain cases, 2 V. C. 159, 223. , 
 when clerk can set off, against action on his bond, 12 L. 627. 
 as to limitation to clerk's, 12 L. 627. 
 
 FELONY ; see Criminal Jurisdiction and Proceedings. 
 when burning of his own house by owner a; when burning wheat not a, 8 
 
 G. 624. 
 what is a, 3 V. C. 122. 
 
 when carrying another's slaves out of State a, 2 L. 741. 
 prisoner charged with, must be examined before he is indicted, 5 L. 715. 
 in prosecution for, ppsoner must appear in person, and record jnust show 
 
 this, 9 L. 623. 
 cannot be prosecuted by an information, 9 L. 665. 
 
 33 
 
258 FELONY— FEME COVERT. 
 
 FELONY, Continued. 
 filing of information for a, is of no avail; an indictment must be found in 
 
 proper time, 19 G. 478. , 
 when prisoner electing to be tried by circuit court not discharged for de- 
 lay in trial, 19 G. 478. 
 prisoner committed for, to county court must be indicted in that court, 19 
 
 G. 478. 
 indictment for petit larceny is an indictment for, when, 16 G. 499. 
 a convicted felon has only such rights as the statute may give him, 21 G. 
 
 790. 
 to what convicts laws of penitentiary apply, 21 Gr. 790. 
 on trial for, prisoner must be present from arraignment to verdict, 19 G. 
 
 65e;20G. 860. 
 when conviction of assault and batteryno bar to prosecution for, 23 G. 
 
 960. 
 what offences are felonies. What indictment for a, must set out, 24 G. 
 
 644. 
 indictment in hustings court of Richmond for felonious stabbing need not 
 
 state place in city where assault was made, 33 G. 807. 
 
 JFEME COVERT'; see Hnshand and Wife. 
 
 privy examination required as to conveyance of equitable as well as legal 
 estate, 1 C. 190. 
 
 consent to relinquishment of property, gained by force, is void, 1 C. 190. 
 
 commission to take privy examination of, issued in blank and so returned 
 is good, 2 C. 263. 
 
 deed from husband and wife without her privy examination is void as to 
 her, 1 M. 518. 
 
 certificates of magistrates of other States evidence c^f execution of deed 
 by, since 1814, 3 R. 468. 
 
 deed of, to be valid must be executed by husband also, 3 R. 468. 
 
 lapse of time during coverture does not affect right of wife to impeach deed 
 in equity, 2 L. 11. 
 
 replication to plea of, in debt on bond, that husband had abjured the com- 
 monwealth, bad, 2 L. 170. 
 
 as to property settled to her separate use is a feme sole, 2 L. 183. 
 
 undSr act of 1785 ch. 62, alaermen of Richmond could not take privy ex- 
 amination of, 2 L, 617. 
 
 deed good as to, though it does not appear she had executed it when re- 
 corded as to husband, 4 L. 224 
 
 infant, not bound by deed though executed, acknowledged, &c., 6 L. 9. 
 
 when, holding real estate by deed or will can only dispose of it as pointed 
 out in instrument, 8 L. 20. 
 
 within what time, may prosecute remedy in equity after coverture ended, 
 9 L. 79. 
 
 when costs recovered against next friend and, I'Rob. 648. 
 
 as to relief when privy ackngwledgment of, not certified, J. 62. 
 
 equity of, to settlement out of proceeds of her interest in land sold for 
 
FEME COVERT— PIEEI FACIAS. 259 
 
 FEME COVERT, Continued. 
 
 partition, is superior to claims of grantee or judgment creditor of hus- 
 band, and whole may be decreed her, 2 P. & H. 277. 
 
 ■when deed of husband and wife insufficient to pass personal estate of lat- 
 ter, 2 P. & H. 369. ' 
 
 if husband conveys wife's remainder in slaves and dies before tenant for 
 life and wife, she is entitled against vendee, 2 P. & H. 612. 
 FEOFFMENT ; see Deed. 
 
 special verdict finding a, should state there was livery of seisin, or it is 
 defective, 3 C. 367. 
 
 when deed defective as a, good as a covenant to stand seised, 4 M. 473. 
 FEERY ; see Bridge ; River. 
 
 what application for the establishment of a, should state, 2 V. C. 63. 
 
 county court cannot establish, across a stream which is boundary of State, 
 2 V. C. 63. 
 
 discontinuance of, is penalty for not keeping it up. It is not an offence, '2 
 V. 0. 354. 
 
 owner of, caimot sue persons using their own boats for themselves and 
 their property, 11 L. 521, 
 
 effect of disuse of, for three years, 11 L. 521. 
 
 in action by grantee of, against one distxn-bing franchise, what must be 
 proved, 2 Bob. 209. 
 
 finding of jury on application for, is only evidence. What no ground to 
 quash inquisition, 2 Rob. 458. 
 
 franchise in Virginia is creature of statute law. Rights of owners, 7 G . 
 205. 
 
 legislature may establish new, near an old one, 7 G. 205. 
 
 how order directing justices to consider verdict of jury in ferry cases 
 executed. Who may serve on jury, 7 G. 205. 
 
 when mill owner may be compelled to keep up a, 9 G. 94. 
 
 FERTILIZERS. 
 
 Code 1873 ch. 86 §48 as to inspection of, not repealed by acts 1876-7, p. 240, 
 32 G. 578. • 
 
 what labels on, a sufficient compliance with paid act, 32 G. 578. 
 FIDTJCIA,R1ES ; see Ouardian ; Personal Representative; Trustee. 
 FIERI FACIAS ; see Execution. 
 
 case of replevy bond on, and judgment against surety on bond, 1 W. 70. 
 
 when after act of 1788, clerk not authorized to endorse on, that no secur- 
 ity was to be taken, 4 C. 151, 152. 
 
 money lent sheriff before he received, against lender, not liable to satisfy 
 execution, 2 H. & M. 89. 
 
 may be levied without removing property, and sheriff is responsible to 
 plaintiff, 1 M. 269. 
 
 against estate of testator cannot be levied on slaves in hands of legatees to 
 whom bequeathed, 5 M, 175. 
 
 if property is in sheriff's hands when he receives w^ensedeoa, he should re- 
 store it, 6 M. 181. 
 
\ 
 
 260 FIERI FACIAS— FORCIBLE ENTRY AND 
 DETAINER. 
 
 FIERI FACIAS, Contmuel 
 
 may be levied on money in defendant's hands, 2 V. C. 246. 
 
 ■when court may order money collected on one, paid on another, 2 Y. C. 
 246. « 
 
 on a dislringas, what sheriff cannot distrain, 3 B. 501. 
 
 on a judgment against personal representative, cannot be levied on prop- 
 erty distributed by him, 6 E. 194. 
 
 vrhen sale of slaves under, bar to suit by grantee in bill of sale, 2 L. 347. 
 
 debtor relieved against, in equity, though he might have moved to quash 
 at lave, 3 L. 85. 
 
 case of sale of interest in remainder in slaves under, passing no title, 5 
 L. 6. 
 
 after levy, order of plaintiff to restore property destroys lien of; mere put- 
 ting off of sale does not, 9 L. 18. 
 
 from what time, bound property in this case, 9 L. 176. 
 FINE. 
 
 "in indictment against several for an assault it is error to assess a joint, 1 . 
 C. 555. ■^^ 
 
 when sheriff who at plaintiff's request neglects to return execution not 
 liable to a, 3 C. 44. 
 
 excessive, is unconstitutional, 3 C. 44. 
 
 in indictments for misdemeanors in Federal court, court assesses, 6 C. 245. 
 
 when judgment by default against sheriff for, collected by him, sustained, 
 4 M. 398. 
 
 not more than one, can be imposed on officer for not returning execution, 
 6 M. 557. 
 
 judgment for, may be entered in prisoner's absence, 1 V. C. 172. 
 
 against husband and vrife must be sepaxate, though they were jointly con- 
 victed, 1 V. C. 262 ; 8 G. 698. 
 
 if jury in case of misdemeanor fail to assess, judgment will not be arrested, 
 
 1 V. C. 19. 
 damages in case judgment imposing; is affirmed, 1 Rob. 675. 
 
 when commonwealth may issue a capias pro_^ne. When prisoner discharged, 
 8 G. 702. 
 
 collected by sheriff or sergeant should be paid to treasurer of county or 
 city, 29 G. 765. 
 
 included in funding act of 1871, and coupons on Stat« bond must be taken 
 therefor, 30 G. 134. 
 
 when sheriff not liable to, for neglecting to return an execution, "Wy. 328. 
 
 when costs are a part of, 33 G. 291. 
 FISHERIES. 
 
 railroad company held liable for damage done to fishery, 31 G. 761. 
 FIXTURES. 
 
 what are, in a manufacturing establishment, 26 G. 752 ; 32 G. 727. 
 
 FORCIBLE ENTRY AND DETAINER ; see Ejectment ; Unlawful Entry 
 and Detainer. 
 
FOECIBLE ENTEY AND DETAINER— FOREIGN 261 
 BILLS OF EXCHANGE. 
 
 FORCIBLE ENTEY AND DETAINER, Continued. 
 ■when and how equity will stop proceedings at law in case of, Gil. 153. 
 when plaintiff may proceed de novo, 2 V. C. 321. 
 »what remedy given by act of 1814. What omission in declaration in, not 
 
 fatal, 4 R. 468. 
 . mortgagee and one tenant in common rttay recover land under act 1814, 4 
 
 K. 468. 
 complaint in this case dismissed on a special verdict, 2 Bob. 235. 
 distinction between, and ejectment. Right of plaintiff to recover in, 12 
 
 G. 462. 
 may be maintained though legal title is only question involved, when, 18 
 
 G. 624. 
 FORECLOSURE ; see Mortgage ; Deed of Trust. 
 parol evidence admitted to show absolute deed a mortgage, 1 W. 14. 
 damagestolanddeductedfromamount due mortgagee, on bill for, 1 W. 162, ' 
 executors and not heirs of mortgagee of slaves, should bring bill for, 1 C. 
 
 419. 
 devisees of land and not executors of mortgagor, should be parties to a bill 
 
 for, 2 H. & M. 6 
 when demand of interest must precede suit for, 2 H. & M. 95. 
 mortgagor in this case not allowed to redeem, 4 H. & M. 101. 
 case of mortgagee without notice of equitable lien of Vendor, buying 
 
 equity of redemption from mortgagor, 4 H. & M. 113. 
 mortgagee cannot be compelled, in order to get hold of mortgaged subject, 
 
 to go into an account of personal assets, 4 H. & M. 449. 
 what decree should be when mortgagor permitted to redeem, 2 M. 527 ; 3 
 
 M. 66. ^ 
 
 when on mortgagor's bill for account of profits, &c., costs decreed against 
 
 him, 3 M. 66. 
 what held to be a mortgage, and mortgagee might redeem, 4 M. 140. 
 final decree of, in favor of assignee of mortgage cures any defects in as- 
 signment, 4 M. 382. ' 
 purchaser of slave from mortgagor may redeem him, 4 M. 382. 
 when assignee of mortgage buying property under decree of, compelled to 
 
 c nvey to assignor, 5 M. 420, 423. 
 what decree should be if mortgaged slaves -sold by mortgagor, 5 M. 420, 
 
 423. 
 who should be parties to a suit for, on lands devised to be sold, 5 M. 420, 
 
 423. ' 
 
 when upon bill for, satisfaction or release presumed. How relied on, 5 L. 
 
 350. 
 equity will not aid mortgagee to enforce fraudulent mortgage, 5 L. 350. 
 what clause- in mortgage does not take away right of, 11 L. 294. 
 court to exercise discretion in relation to period of redemption, 11 L. 294. 
 bill to redeem in this case not sustained, 2 Rob. 161. i 
 FOREIGN BILLS OF EXCHANGE ; see Bill of Exchange. 
 
262 FOREIGN JUDGMENT— FORGERY. 
 
 FOREIGN JUDGMENT; see Decree; Judgment. 
 need not be proved by copy of record; may be by other evidence, 3 C. 446. 
 how far, regarded as evidence in Virginia, 2 M. 53. 
 under U. S. constitution, article 4, ?1, judgment of another State is not a, 
 
 2 L. 172. ' ' • 
 
 does not merge the -specialty on which it is founded as against the heirs in 
 
 Virginia, 2 G. 532. 
 what necessary to give, effect in another State, 30 G. 266.' 
 what defence may be made to a, and how made, 30 G. 266. 
 when, against partnership does not bind a member of firm not served with 
 
 process, 30 G. 266. 
 FOREIGN LAWS ; see Laws. 
 
 FORFEITURE; see Delinquent and Forfeited Lands ; Land; Penally; Taxes. 
 of land, when title to is saved, 1 "W. 38. 
 
 what constitutes a, as to lands of Lord Fairfax, 2 W. 106 ; 1 C. 190. ■ 
 lands in Northern Neck when forfeited cannot be granted by State, 2 W. 
 
 116. 
 new patent is a release of, under a former grant^ 1 C. 458. 
 when forthcoming bond is, and is not, forfeited if injunction issue to stay 
 
 proceedings, 2 C. 213. 
 what, and what not, of vessel under revenue laws, 4 C. 153, 158, 353, 462, 
 
 522. 
 mariner is entitled to wages from proceeds of sale of ship condemned as 
 
 forfeited, 4 C. 353. 
 if owner of land sees it sold without disclosing title his right is forfeited, 
 
 6 C. 463. 
 of charter by railroad company How State takes its property. When 
 
 complete, il G. 119. 
 what not a, of land sold to turnpike company to be used as a highway, 
 
 27 G. 547. 
 conviction and judgment against a justice for a felony is a, of his office, 2 
 
 L. 724. 
 when party liable to penalties imposed by 1 R. C. ch. Ill §48, 6 G 481. 
 to what cases rule that person need not answer interrogatories which sub- 
 ject him to penalties, &c., extends, 6 G. 481. 
 what a, against which equity will relieve, 6 G. 628. 
 what not a, of the office of county judge, 33 G. 443, 510. 
 FORGERY ; see Criminal Jurisdiction and Proceedings. 
 jn indictment for, of negotiable note, endorsements on it need not be set 
 
 out, 7 G. 651. 
 in indictment for, words " to the prejudice of another's right" need not 
 
 be inserted, 11 G. 822. 
 forging of name endorsed on negotiable note constitutes, 11 G. 822. 
 what description of the writing in the indictment will not violate it, 11 
 
 G. 822. 
 existence of bank of which note purports to be, may be proved by parol, 
 
 10 G. 776. 
 
FORGERY. 263 
 
 FORGERY, Continued. 
 what surplusage in indictment for, 10 G. 776. , 
 
 what was not an offence under act of Nov. 2.5th, 1789, oh. 19, 1 V. C. 4. 
 of a hank note of another State is within the statute; 2 V. C. 149. 
 one who hrightens hase poin is guilty of, 2 Y. C. 356. 
 bail bond though perhaps invalid, may be the subject of a prosecution for, 
 
 2 V. C. 476. 
 subject of a prosecution for, 2 Y. C. 476. 
 person passing counterfeit checks may be indicted in Va. and TJ. S. courts, 
 
 when, 5 L. 707. ^ 
 
 what felony under 1 E. C. eh. 154 ?1, 8 L. 732. 
 
 what writing not subject of, at common law or by statute, 2 Eob. 836. 
 judgment given for defendant on thp indictment in this case, 1 V. C. 109. 
 what irregularities in indictment for, cured by act of jeofails, 2 V. C. 337. 
 what a good indictment, though several charges contained in one count, 
 
 2 Y. C. 356. 
 who ]{)rincipals and accessaries to a, and how indicted, 2 Y. C. 356. 
 what need not be set forth in indictment for. How indictment construed, 
 
 6 R. 685 ; 2 L. 769. 
 prisoner remanded for passing a forged note, may be indicted for passing 
 
 it knowing it to be forged, 6 R. 685. 
 indictment for passing counterfeit note to slave is good, 2 L. 769. 
 what a good and sufficient indictment for passing counterfeit note, 2 L. 
 
 769 ; 5 L. 720 ; 8 L. 73'2. 
 when indictment for, quashed, as not ■jvarranted by the examination, 9 L. 
 
 683. 
 what examination warrants an indictment for, 10 L. 693. 
 person committed for, cannot be also tried for uttering and publishing, 11 
 
 L. 643. 
 what description of die or instrument in indictment ; or. insufficient, 1 Eob. 695 . 
 judgluent in, not arrested except for errors on face of record, 2 V. C. 476. 
 what evidence to prove scienter admissible in prosecution for, 5 R. 701 ; 2 
 
 L. 745 ; 5 L. 707. 
 when paper whose date has been altered evidence to support indictment 
 
 for, 6 R. 685. 
 prisoner remanded for, may be indicted also for assisting in, 6 R. 685. 
 what prima /acie evidence that prisoner was guilty of, 2 L. 751. 
 what proper evidence on indictment for, 2 L. 745. 
 when secondary evidence as to forged paper admissible, 4 L. 694 ; 2 Eob, 
 
 836. 
 motion to exclude note overruled in this case, 8 L. 732. 
 when passing counterfeit coin may be proved without producing the coin, 
 
 9 L. 627. 
 how commonwealth may prove instrument not genuine, 2 Rob. 836. 
 how uttering a forged paper may be proved. What is an uttering, 20 G. ' 
 
 733, 800. 
 what an attempt to employ forged^ note as true, under th» statute, 20 G. 
 733, 800. 
 
264 FOKGERY— FOKTHCOMING BOND. 
 
 FOEGEEY, Continued. ^ 
 
 what considered by jury in case of. What State may prove, 20 G. 733, 800. 
 
 when records of suits evidence in case of, 20 Q. 733, 800. 
 
 what indictment for, is sufficient, 25 G. 865. 
 FORMER RECOVERY ; see Action ; Ba/r ; Estoppel. 
 
 case of plea of, not sustained by evidence, 2 Rob. 438. 
 FORTHCOMING BOND; see Bond; Escrow. 
 
 1. In General. 
 
 2. Sufficiency. 
 
 3. Motions, JuOgmbnts and Executions on. 
 
 1. In General: 
 
 partial delivery is not performance of condition of, 1 W. 274, 
 
 though faulty is, satisfaction of judgment until quashed, and second exe- 
 cution cannot issue, 1 W. 92; 2 W. 189 ; 1 Rob. 545. 
 
 rate of interest, should carry in this case, 1 C 205. 
 
 when forfeited if injunction issue to stay proceedings, when not, 2 C. 213. 
 
 when alteration of, by clerk will not prejudice plaintiff, 6 C. 1. 
 
 when variance between, and sheriff's return unimportant, 6 C. 1. 
 
 it supersedeas to judgment issue before day of sale, penalty of, is saved, 6 
 M. 181. 
 
 forfeited though debtor ou day of sale pay all due but sheriff's commis- 
 sions, 3 R. 522. 
 
 forfeited if property not delivered until four o'clock, 3 R. 554. 
 
 when has force of a judgment, 4 L. 303. 
 
 when, given by one defendant dpes not discharge others from the j udg- 
 ment, 3 R. 490 ; 1 Rob. 545 ; 2 G. 178, 419. 
 
 forfeited, returned after first day of term, does not relate- back to that day, 
 8 G. 179. 
 
 if it is forfeited, not quashed, lien of original judgment still exists in equity, 
 8 G. 179. 
 
 if, signed by debtor, a third person and the creditor, fijst surety is co- 
 surety with creditor and entitled to contribution, 8 G. 560. 
 
 relief given in such case if debtor insolvent, 8 G. 560. 
 
 liability and rights of surety in. What sufficient evidence of payment of 
 debt by him, 11 G, 522. 
 
 one, may be taken on several executions, 2 C. 290. 
 
 rights of surety in, to have property embraced in trusts first applied to pay- 
 ment of debt, 11 G. 522. 
 
 from what time, is a lien on land, 8 G. 179; 2 P. & H. 178. 
 
 2. Sufficiency: 
 
 without any surety is good against obligor, 3 C. 13. 
 
 not good as a statutory bond, may be good as a bond at common law. 3 C. 
 
 523. 
 good though condition did not recite on whose property execution was 
 
 levied, 2 H. & M, 100. 
 when blank left in condition for name of sheriff, did not vitiate, 2 H. & 
 
 M. 398. . 
 held variant ttomfi. fa. and quashed, 1 M. 605. 
 
FORTHCOMING' BOND. 265 
 
 FOETHCOMING BOND, Sufficiency, Continued. 
 what a sufficient description in. Fee for taking maybe included in, 2 M' 
 
 266. 
 when dated after return day of ca. sa. good, 3 M.. 308, 
 good though blanli left for obligors' names in penal part, 4 M. 380. 
 good though/, fa. against three, and condition of, did not state to which 
 
 property belonged, or that it was i-estored, I L. 306. 
 taken payable to a third person is void, "1 L. 442. 
 taken by sergeant of Lynchburg.on fi. fa. directed to sheriff of Campbell 
 
 county is void, 2 L. 545. 
 taken on execution levied after plaintiff's death good, 3 L. 392. 
 what recital in, not a material variance from execution, 9 L. 308. 
 construed according to subject matter and evident meaning of parties, 10 
 
 L. 490 
 surety in, is surety for the debt, 2 Gr. 178, 419. 
 giving of, by joint debtor does not extinguish debt as to co-debtors, 2 G. 
 
 178, 419. 
 not necessary to state in, that time of delivery is day of sale, 1 W. 69. 
 condition of, should set forth time and place of delivery, 1 W. 161. 
 good though it states no place of delivery, 1 W. 254, 
 quashed for want of proper recitals, 1 W. 259. 
 should be payable to creditor. What it should contain, 2 W. 189. 
 if taken for too much and excess is released, is good, 1 C. 41, 47. 
 which improperly includes sheriff 's commission is good, 1 C. 48. 
 good if teneri be right though the solvendum be wrong, 1 C. 49. 
 with condition to deliver property on day of sale occurring aftex the return 
 
 day of the execution, is good, 18 G. 235. 
 when equity will treat, as a nullity and give relief, 8 G. 179. 
 
 3. Motions, Judgments and Executions on : 
 
 if declared good by appellate court the cause should be remanded, 1 W. 
 161. 
 
 in motion on, defendant must prove performance of condition, 1 W. 330. 
 ■ debt may be brought on defective, after motion on it refused, 1 W. 367. 
 
 defective, should be quashed on motion, 2 W. 189. 
 
 though faulty is satisfaction of judgment until quashed, and second exe- 
 cution cannot issue, 1 W 92 ; 2 W. 189 ; 1 Rob. 545. 
 
 how judgment on, for sterling money reduced to currency, 1 C. 41. 
 
 sheriff may maintain debt on, payable tohimself, 1 C. 249. 
 
 what sufficient notice on a, 2 C. 290 ; 5 C. 528. 
 
 on joint notice to all the obligors plaintiff may take judgment against one, 
 
 2 C. 368. 
 
 on motion on, defendant cannot prove that execution issued against an- 
 other, 2 C. 507. 
 when ten percent, damages allowed on appeal by defendant from decree on, 
 
 3 C. 86, 
 
 on, with collateral condition, jury may give more damages than are laid 
 in declaration, 3 C, 523. 
 
 34 
 
266 FOKTHCOMING BOND. 
 
 FORTHCOMING BOND, Motions, Judgments and Executions on. 
 
 Continued. 
 judgment on, affirmed though defendant not called on day to which notice 
 
 was given, 5 C. 12. 
 judgment and execution against one obligor no bar to motion against the 
 
 other, 5 C. 435. 
 on what day motion on, must be made, 1 II. & M. 4. 
 
 failure of sheriff to make returp on execution no cause to reverse judg- 
 ment on, 1 H. & M. 212 ; 3 M. 308. 
 when execution awarded on, though not filedin clerk's office, 2 M.523. 
 may be quashed on motion if penalty not mentioned in obligatory part, 6 
 
 M. 32. 
 when court will not enquire into validity of first execution and, given 
 
 thereon, on motion to quash the second, 1 E. 211. 
 no formal issue is joitied on a motion on a, 3 E. 554. 
 notice of motion on, in this case held insufficient, 1 L. 433. 
 obligors in, may move to quash it for irregularity, 2 L. 545. 
 when execution regarded as part of record on motion to quash, 2 L, 545. 
 when 1 R. C. ch. 128 ?5 no bar to motion on, 4 L. 303. 
 right to move on, not. suspended by supersedeas to original judgment, 10 
 
 L. 490. 
 when notice of motion on, to regular term, good for special term, 1 G. 1. 
 appellate court will compare a judgment by default on, with execution 
 
 on which it was taken, 1 M. 605. 
 judgment on, not reversed if variance not objected to in lower court, 2M. 
 
 266. . ■ 
 
 inserted in record, is taken to be one on which judgment given, 4 M. 380. 
 under what circumstances judgment on, not given for plaintiff, 4 M. 380. 
 how, dated before January, 1807, enforced if obligor dead, and his estate 
 
 committed to the sheriff, 4 M 426. 
 judgment given on, taken for too much, on release of excess, 1 V. C. 113. 
 when non est factum is pleaded to motion on, court may give judgment or 
 
 order a jury, 1 R. 1. 
 when objection that judgment on, is for larger sum than due by the exe- 
 cution, not good, 1 E. 1. 
 confession of judgment on, is a release of errors in previous proceedings, 
 
 3 E. 160 ; 3 L. 681. 
 when judgment against principal and surety in a bond not satisfied by a, 
 
 given by surety only, may be quashed, when, 3 E. 490. 
 ' judgment on, by one obligor against other as principal affirmed, 4 E. 189. 
 judgment on, held irregulair in form, but good in substance, 1 L. 306. 
 what debtor not entitled to under act Jan. 31, 1809, 4 M. 512. 
 when execution on, should not be awarded at once by circuit court, 1 L. 
 
 462. 
 when appeal lies from judgment of circuit court on a, when not, ] L. 462. 
 who can move on a, taken on execution levied after death of plaintiff who 
 
 was an an executor, 3 L. 392. 
 when may be quashed after execution awarded on it, 1 Eob. 545. 
 when sheriff liable if obligors in, insolvent, when not, 1 Eob 545. 
 
FORTHCOMING BOND— FRAUD. 267 
 
 FORTHCOMING BOND, Motions,' Judgments and Executions on. 
 
 Oontimied. 
 •when presumed returned the day execution awarded on it, 8 G. 179. 
 when notice on, not defective for failing to name ohligee as a co-obligor, 8 
 
 G. 560. 
 when execution on, good, though original judgment invalid, when not, 11 
 
 G. 22. 
 when equity will not relieve against a judgment on, Gil. 134. 
 surety on, relieved on ground of surprise, 2 L. 410. 
 
 when court may quash judgment and execution on, and give another judg- 
 ment and execution on it, 18 G. 235. 
 set-off admissible in motion on a, taken on a distress warrant for rent, 18 
 
 G. 722. 
 when three months' notice of motion to quash not required, 21 G. 107. 
 FEANCHISE. 
 grant of a monopoly cannot be implied, 11 L. 42. 
 grant of charter to a canal company, no restraint against subsequent grant 
 
 to railroad company, 11 L. 42. 
 officers of a private corporation have no, in their offices, 3 G. 206. 
 may be taken for public purposes upon making just compensation therefor, 
 
 3L. 258. 
 a ferry in Virginia is a creature of statute law. Rights of ownef of ferry, 
 
 7 G. 205. 
 FRAUD ; see Deed ; Deed of Trust ; Fraudulent Conveyance ; Statute of Frauds. 
 when possession of property by mortgagee not evidence of, 1 W. 177 . 
 courts of equity and law have concurrent jurisdiction in case of, 4 C. 253. 
 if bill charges, and testimony is conflicting, an issue should be directed, 4 
 
 C. 416. 
 suppression of deed by heir held not for fraudulent purpose, 4 C. 430. 
 before act 1792 debtor could not free slaves to prejudice of creditors, 6 C. 
 
 336. 
 if owner of land sees it sold without disclosing title, his right is forfeited, 
 
 5 C. 463, 
 party objecting iioprohat of will iuay show, in obtaining signature to it, 6 
 
 G. 90. 
 how equity apportions relief if there was, by both parties, 1 H. & M. 33. 
 bill for money paid for certificates which vendor had no ri^t to sell sus- 
 tained, 1 H. & M. 578. 
 what considered badges of, in this case, 1 M. 518. 
 executor fraudulently confessing judgment not relieved in equity, 2 M. 
 
 105. 
 party suing in equity to enforce fraudulent contract can have no relief, 5 
 
 M. 29. 
 partici;^ation of wife in, of husband will not impair her rights, Gil. 209. 
 when concealment or misrepresentation bars rights of Jjarty. When not, 1 
 
 E. 403. 
 when person recommending party as worthy of trust liable for his, 3 E. 
 
 410. 
 if bill does not charge, it cannot be proved, 3 R. 504. 
 
268 FRAUD. 
 
 FRAUD, Continued. • 
 
 ■when rule in pari deliclo potior est conditio defendeniia does not apply, 4 E. 
 
 368. 
 what agreement between holder and endorserof hill of exchange not fraud- 
 ulent, 4 R. 553. 
 jurisdiction of equity when defendant withholds papers necessary for suit 
 
 at law, 5 L. 83. 
 debtor in failing circumstances may legally prefer creditors, 8 L. 415. 
 party not allowed to take advantage of his own, 10 L. 364. 
 true meaning of act to prevent frauds and perjuries, 1 Rob. 123, 499. 
 when equity will pursue property of insolvent debtor, and into whose 
 \ hands, 1 G. 416. 
 
 purchase by executor at his own sale avoided, when and how, 1 6. 4. 
 party guilty of, cannot recover back money paid by him, 10 G. 1. 
 when sale under execution valid though irregular and property was left 
 
 with original owner, 3 G. 328. 
 doctrine of, per se examined and repudiated, 4 G. 422. 
 administratrix buying property of estate at sacrifice must account for ap- 
 praised value, 4 G. 257. 
 administratrix hiring such property must account for reasonable hires, 4 
 
 G. 257. 
 when, of maker of note does not give surety relief against innocent payee 
 
 or holder, 4 G. 46. ' 
 
 to what cases 1 R. C. ch. 101 ?2 does not apply, 5 G. 379. 
 not inferred from unfitness of slave for work for which hired, 6 G. 393 
 when equity will investigate a, though plaintiff has a remedy at law, 6 G- 
 
 615. 
 relief granted vendor on account of fraudulent concealment by purchaser, 
 
 7 G. 52. 
 creditors signing deed after agreeing not to do so cannot get benefit of it, 8 
 ' G. 457. 
 
 what necessary to constitute, in the sale of goods, 10 G. 255. 
 party dealing with fiduciary only liable for his, if he co-operate with him, 
 
 IIG. 111;1P. &H. 121. 
 decree set aside for, at suit against heirs of party who procured it, 11 G. 
 ■ 615. 
 
 when purchaser liable for, of executor in sale. When not, 15 G 11. 
 law requiring earnest in contract for sale of goo^g not law in Virginia, ]|3 
 
 G. 105. 
 what, will authorize seller to reclaim goods from purchaser, 13 G, 427. 
 mere inadequacy of consideration will not avoid sale, when, 19 G. 74. 
 when a judicial sale fraudulent, 23 G. 409. 
 effect of, as to enforcing contract when same is void ab initio, or when good 
 
 between the parties, 23 G. 737. 
 when conversion of trust fund into money at a sacrifice a, 25 G. 246. 
 when executor and purchaser from him, liable for fraudulent conversion of 
 
 estate, 25 G. 642. 
 what misrepresentation relieved against in suit on a bond, 26 G. 467. 
 
FRAUD ^FRAUDULENT CONVEYANCE. 269 
 
 FRAUD, Continued. 
 
 when obligor purchasing slaves discharged as against seller, but not as to 
 
 assignee for value, Wy. 47. 
 equity properly resorted to for relief in case of, as to title to lands. Bill 
 
 dismissed because, not proved, Wy. Ill ; see 1 W. 116. 
 relief given against bond executed in pursuance of award on a fraudulent 
 
 contract, Wy. 121. 
 sale set aside for by-bidding, Wy. 354. 
 when cesiuis que trust in possession of property cannot set up, to defeat other 
 
 cesiuis que trust, 1 P. & H. 256 ; see 3 G. 77. 
 proper proceediags in suit by donee in a deed which has been set aside for, 
 
 22 G. 330. 
 
 FEAUDULENT CONVEYANCE ; see Deed; DeM of 2Hst; Fraud; Statute ' 
 of Frauds. 
 
 1. In Genebal. 
 
 2. Or Land. 
 
 3. Of CHATIEL.S. 
 
 1. In General : 
 
 evidence of attesting witness chiefly regarded if there is a charge of fraud, 
 
 1 W. 224. 
 
 when purchaser without notice of fraud, not ref ponsible in equity but loss 
 
 falls on fraudulent vendor, 1 M. 557. 
 when sale of land by debtor charged in execution supported, 4 M. 450. 
 purchaser with notice of prior equity is postponed, 6 M. 42. 
 deed may be a, though for valuable consideration, if executed with a 
 
 fraudulent intent, 1 E. 213. 
 what conveyance to children void as to creditors. How debts enforced, 
 
 2 E. 384. 
 
 in suit for partition by purchaser from devisees, it is irregular to impeach 
 
 deed to him as a, 3 E. 361. 
 to vitiate conveyance there mu.st be fraudulent design in grantor and 
 
 notice to grantee, 4 E. 282. 
 when deed void. When equity and law have concurrent jurisdiction, 4 
 
 K. 282. 
 creditor not having a judgment or decree for his debt cannot set aside, 2 
 
 L. 84 ; 3 L. 299. 
 fraud inferred, and deed of gift held void, 3 L. 567. 
 
 act of limitations runs against bill to set aside, from time fraud was dis- 
 covered, 3 L. 729. 
 conaolidation of suits by judgment creditors to set aside, 7 L. 331. 
 party making fraudulent contract cannot maintain bill to rescind it, 8 L. 
 
 510. 
 on bill to set aside, trustee allowed liabilities he had assumed and paid, 
 
 when, 11 L. 100. 
 when unrecorded deed of marriage settlement void as to purchasers from 
 
 husband, 1 G. 347. 
 when deed executed before but recorded after a judgment, void as to it, 
 
 2 G. 182. 
 
270 FRAUDULENT CONVEYANCE. 
 
 FRAUDULENT CONVEYANCE, In Gbnekal, Continued. 
 
 principles applicable to voluntary conveyance, as between grantor's credi- 
 tors and claimants under the deed. Deed held a, 3 G. 25. 
 
 when secret trust enforced as between cestuit que trust, 3 G. 74. 
 
 what reservation in a deed makes it fraudulent and void, 3 G. 357; 14 
 G. 48. • 
 
 mortgage to secure grantee from all debts and suretyships good, when, 3 
 G. 142. 
 
 when deed lost before recordation void as to grantor's creditors, 4 G. 407. 
 
 statute avoiding unrecorded deeds does not affect pre-existing equitable 
 estate of grantee, 4 G. 407. 
 
 deed of woman made a few days before marriage to secure debt to daugh- 
 ter, is not a, 6G. .332. 
 
 what deed good against creditors though grantor insolvent when it was 
 made, 6 G. 645. . 
 
 deed held fraudulent on its face though made to indemnify bona fide surety, 
 
 6 G. 444. 
 
 sheriff may set aside, and recover property of insolvent debtor, 7 G. 26 ; 
 
 11 G. 99. 
 trust held valid though it required creditorsto accept its terms and release 
 
 grantor, 1 G. 274 ; 8 G. 457 ; 18 G. 387. 
 deed admitted to record, one of witnesses being grantee's husbaud, void 
 
 as to creditors, U G, 321. 
 deed providing for existing debts and settling balance on grantor's family, 
 
 is valid, 11 G. 552. 
 what provisions in deed will not avoid it. Actual fraud must be shown, 
 
 11 G. 552. 
 transfer by party expecting a judgment against him, set aside as a, 6 G. 
 
 154. 
 surety of grantor in a, may direct execution levied on property conveyed, 
 
 7 L. 185 
 
 when property given by will to a son in trust, subject to his debts and 
 vests in sheriff on his becoming an insolvent debtor, 11 G. 348. 
 
 mere inadequacy of consideration not sufficient to avoid sale, when, 19 
 G. 74. 
 
 act limiting time of bringing suit to set aside, does not apply to cases of 
 actual fraud, 12 G. 363. 
 
 when deed of trust good if trustee has no knowledge of grantor's fraud, 
 13 G. 427. 
 
 what facts in deed evidence of fraudulent intent, 14 G. 48. 
 
 provision that trustee shall continue the business does not avoid deed< 
 when, 15 G. 40O. 
 
 provision that grantor shall attend to business under trustee, is not fraud- 
 ulent per ae, 15 G. 400. 
 
 what deed by son voluntary, and void as to creditors of father, 17 G. 289. 
 
 when deed fraudulent in part, sustained as to remainder, 17 G. 85. 
 
 when deed of woman about to be married fraudulent as to husband When 
 not, 23 G. 102. 
 
FRAUDULENT CONVEYANCE. 271 
 
 FRAUDULENT CONVEYANCE, In General, Continued. 
 
 fact that trustee is a creditor does not make deed invalid, 18 G. 387. 
 
 when conveyance in consideration of future support a ; when valid, 26 
 G. 926. 
 
 when deed good as security to grantee. When absolutely void, 26 G. 926. 
 
 deed not set aside as a, because of weakness of mind and intoxication, 
 when, 1 P. & H. 307. 
 
 vendee of bona fide purchaser without notice, can hold property whether 
 he knew of the fraud or not, 1 P. & H. 5. 
 
 when fraudulent misrepresentation in a deed as to ownership of property, 
 does not make grantor liable. When he is liable, fi P. & H. 532. 
 
 stay law suspended statute of limitations to suits to set aside, 27 G. 587. 
 
 what evidence against grantees in suit to set aside deed, 27 G..587. 
 
 deed of trust held not a, though grantor was to retain possession for three 
 years, &c., 26 G. 563. 
 
 deed of trust and homestead deed held void as against judgment, 26 G. 705. 
 
 both parties must concur in fraud to invalidate the deed, 29 G. 628. 
 
 when ante-nuptial settlement good against creditors, 29 G. 628. 
 
 fraud is never presumed. Must be proved, 29 G. 628. 
 
 homestead deed made to delay and hinder creditors void, 33 G. 153. 
 2. Op La^'d : 
 
 when patent fraudulent as to settler, 4 C. 196. 
 
 defendant in ejectment may show plaintiff's patent was obtained contrary 
 to law, 4 C. 213. 
 
 court of law can avoid patent for fraud in obtaining it, 4 C. 253. 
 
 purchase by agent to sell land, who conceals fact that better price could be 
 obtained, vacated, 3 M. 232. ' 
 
 what must be averred and proved in suit to set aside conveyance by absent 
 debtor, 3 L. 299. 
 
 relief not given plaintiff against an alleged ftaud, 3 L. 667. 
 
 lien of released mortgage reinstated in equity against purchaser of mort- 
 gaged property, 5 L. 52. 
 
 party relieved in equity against ftaud of warrantor of land, 5 L. 119. 
 
 quxre, was decree in this suit to set aside, erroneous, 5 L. 426. 
 
 deed void as to creditors and husbands of grantees, when, 9 G. 568. 
 
 creditor may sue to set aside, though debtor and grantee non-residents, 
 10 G. 149. 
 
 deed held a ; proceedings by creditors in this case, 22 G. 330. 
 
 how far post-nuptial settlement, in consideration of wife's giving up her 
 interest in land, good, 12 G. 372. 
 
 conveyance good as to value of wife's dower interest, but void as to bal- 
 ance, when, 27 G. 587. 
 
 real estate bought with wife's earnings and conveyed to her trustee, is sub- 
 ject to husband's debts, 30 G. 652. 
 
 bona fide creditor under trust deed preferred to judgment creditor in this 
 case, 30 G. 505. 
 
 deed held a, and void as to creditors; 31 G. 158. 
 
272 FRAUDULENT CONVEYANCE. 
 
 FRAUDULENT CONVEYANCE, Continued. 
 3. Of Chattels : 
 
 absolute deed of chattels, possession remaining with vendor a, as to credi- 
 tors, 2 M. 341 ; 5 M. 28 ; 5 E. 211 ; 3 L. 729. 
 
 absolute bill of sale of slaves by executor who retains possession, void as 
 to legatees, creditors and purchasers, 3 M. 1. 
 
 bill of sale fraudulent as to creditors, but good between the parties, 5 
 M. 28. 
 
 retaining slaves after giving bill of sale is itself fraudulent, Gil. 15. 
 
 possession of personal property by grantor not coTiclusive evidence of fraud, 
 5K. 211. 
 
 when sale under execution good against a, 2 L. 347. 
 
 conveyance of slaves not a, though vendor hires them from vendee, 4 L. 
 535; 6 L. 320. 
 
 absolute sale of chattels without transfer of possession, fraudulent though 
 third person had possession at the time, 9 L. 181. 
 
 gift of slaves to wife a, as against husband's creditors, when, 11 L. 403. 
 
 secret trust not enforced in equity in this case, 12 L. 427. 
 
 sale of personal property good though vendee does not take possesion at 
 time of sale, when, 2 G. 333. 
 
 when personal property given feme sole and then settled bj' marriage con- 
 tract, not liable to donor's debts. 2 G. 357. 
 
 what deed by husband will bar wife from distributable share of property 
 conveyed, 6 G. 594. 
 
 gift of slaves held subject to debts of donor in favor of his surety, 7 G. 
 334. 
 
 when, deed to secure debts good, though not to be enforced for several 
 years, 8 G. 148. 
 
 when such deed good, though it reserve rents, &c., and requires long notice 
 of sale, 8G. 148. 
 
 what post-nuptial settlement on wife, of her property, void as to creditors, 
 8 G. 148. 
 
 when deed securing a btna fide and fraudulent debt void as to both, 8 G. 
 148. 
 
 purchaser at fraudulent sale of slaves, at undervalue, liable for full value 
 to vendor's creditors, 9 G. 503. 
 
 what deed conveying crops, &c,, and not to be enforced for two years, good, 
 11 G. 348, 778. 
 
 when contract void for misrepresentations or suppressions in proposals of 
 sale, 7 G. 352. 
 
 if grantor retains possession of personal property it is pnma facie evidence 
 of fraud, which must be rebutted, 4 6. 422 ; 6 G. 197 ; 7 G. 185. 
 
 when gift to married daughter void as to surety of grantor in a forthcom- 
 ing bond made after it, 7G. 334. 
 
 when purchase of bonds from executor at a discount fraudulent in pur- 
 chaser, 8 G. 140. 
 
 deed of trust of personal property void if grantor allowed to use it 12 G 
 436. 
 
FRAUDULENT CONVEYANCE— FREEDOM. 273 
 
 FRAUDULENT CONVEYANCE, Continued. 
 deed of sale of personal effects held a, on testimony of a grantor, 21 G. 539. 
 when act of 1758 as to fraudulent gift of slaves not applicable, Wy. 322 ; 
 
 see 4 C. 361. 
 deed of trust of goods grantor remaining in possession held fraudulent per 
 
 se, 27 G. 755. 
 homestead deed made to delay and hinder creditors is void, 33 G. 153. 
 circumstances which wiU vitiate a homestead deed of a stock of goods; 33 
 
 G. 153. 
 FEEEDOM ; see Emq/ncipaiion ; Slaws. 
 
 condition in a will held to apply to slaves only, 1 "W, 45. 
 
 when hearsay evidence admissible in suits for, 1 W. 123. 
 
 two or more may join in a suit of trespass for, 1 "W. 234. 
 
 when Indians might and might not be slaves, 1 W. 123, 234. 
 
 verdict in former suit finding mother a slave, when conclusive, 2 W. 64- 
 
 Jimitation freeing slaves held not within rule against perpetuities, 2 C.319. 
 
 when and by whom bill to assert rights to, of persons held as slaves, may 
 
 be filed, 2 C. 319. 
 trustees refusing to manumit slaves will be compelled in equity to do so, 
 
 2 C. 319. 
 suits might be brought by slaves devised in 1781, to monthly meeting, to 
 
 be manumitted, 5 C. 311. 
 what declaration in a suit for, is sufficient, 6 C. 18. 
 
 on whom onus probandi where person is claimed as a slave, 1 H. & M. 134. 
 in suit for, variance not regarded, decision will be according to rights of 
 
 parties and evidence, 1 H. & M. 134. 
 case of an uncertain and insufficient verdict in suit for, 1 H. & M. 388. 
 on what conditions slaves emancipated in this case, 1 H. & M. 519. 
 in suit for, when court will order plaintiff to be kept by sheriff, 2 H. & M. 
 
 19. 
 native Indian brought to Virginia since 1691 could not be made a slave, 2 
 
 H. & M. 149. 
 for what purpose verdict in suit by mother of plaintiff may be given in ev.' 
 
 idence, 2 H. & M. 193. 
 if plaintiff appear to be white jury should find for him, when, 2 M. 379. 
 relief given in equity in a pauper suit for, 5 M. 95. 
 
 suit by person brought into State after 1786, what evidence In, 5 M. 542^ 
 vjdidity of will under which plaintiff claims not questioned in a suit for, 
 
 5 M. 552. 
 case of deed of emancipation by party not in possession ofslaves, 6 M.191. 
 onus probandi on plaintiffs where they were brought into Virginia before 
 
 act of 1792, 6M. 159. 
 what not a breach of aconditiouof bequest ofslaves in this case, 6 M. 229. 
 suit for, dismissed without prejudice, 6 M. 456. 
 negro held in Ohio recovers, in Virginia courts, under coustitation of Ohio, 
 
 Gil. 143. 
 act of 17S2 does not apply to citizen of Virginia moving from and then 
 
 back to State, Gil. 232. 
 
 35 
 
274 FREEDOM. 
 
 FEEEDOM, Continued. 
 equity as well as law has juriscliotion of suits for, Gil. ?33. 
 when slave moving from Virginia to Ohio not entitled to, 1 R. 15. 
 quxre, whether issue of female slave, who is to be free at a certain time, 
 
 slaves, 2 K. 228 ; 7 L. 267 ; 9 L. 188 ; 10 L. 277 ; 1 Eob. 53; 2 Rob. 597. 
 what declaration and judgment good. Acts of 1792 and 1819 construed, 4 
 
 E. 134. 
 reservation in emancipation of female slave, that her future increase shall 
 
 be slaves, is void, 4 E. 597. 
 how far emancipation by person in possession of slave, but not original 
 
 owner, good, 4 E. 600. 
 when slaves entitled to, under act of 1792, 4 E. 659; 1 H. & M. 235. 
 promise by master to free slave not enforced in equity, 6 E. 173. 
 deed of emancipation executed in 1781 void, 6 E. 561. 
 act of Pennsylvania of 1780 construed, 6 E. 566. 
 oath taken by agent of owner and importer of slaves sufficient under the 
 
 law, 6 E. 612. 
 deed giving slaves, at master's death, construed as to their issue in his life- 
 
 tintie, 6 E. 652. 
 contract for, between master and slave not enforced in equity, 1 L. 72. 
 when slave carried out of State and brought back free, 5 C. 425 ; 1 L. 172 ; 
 
 5 L. 615. 
 slaves held emancipated by the will in this case, 1 L. 465 ; 4 L. 252. 
 slaves held not emancipated by the will in these cases, 2 L. 189 ; 3 L. 8 ; 
 
 2 G. 227. 
 as to how far hearsay evidence admitted in suit for, 2 L. 665. 
 case of instrument qf emancipation partly proven, and, removal of owner 
 
 to another county, 2 L. 300. 
 circuit court cannot review refusal of county court to admit instrument of 
 
 emancipation to record, 2 L. 762. 
 case of surplus of profits and hires of negroes who recover, by suit in chan- 
 cery, 4 L. 163; 7 L. 19. 
 case of election by infant slaves, 4 L. 252. 
 
 assent of executor to, inferred. Quxre, whether necessary, 4 L. 289. 
 what sufficient proof to admit instrument of emancipation to record, 7 L. 
 
 689. 
 what bequest of, liberates their increase. When former suit not conclu- 
 sive evidence. 9 L. 188. 
 when child of emancipated female slave cannot be taken for debt of owner, 
 
 9 L. 511. 
 slave in this case entitled to, on habeas corpus, 10 L. 467. 
 / suit by mother for protection of infant children sustained, bequest con- 
 strued, 11 L. 616. 
 slave in this case restored to purchaser, though entitled to, in future, 1 
 
 Eob. 639. 
 slaves may be emancipated by nuncupative will, 1 G. 129 ; see 3 L. 140. 
 what slaves entitled to, under will in these cases, 1 G. 327 ; 2 G. 86. 
 
FKEE NEGEO— FURNITURE. 276 
 
 FREE NEGRO. 
 
 when judgment pf examining court that prisoner is free final, 2 V. C. 262. 
 
 sale of, by his own consent not a felony, 2 V. C. 144. 
 
 act of Feb. 21, 1823, construed, 2 V. 0. 447. 
 
 how, tried under construction of act 1831-2 ch. 22 ?11, 4 L. 652. 
 
 when on trial of,for grand larceny, writ of error does not lie to circuit 
 
 court, 5 L. 740. 
 indictment for harboring, is a regular proceeding, 10 L. 673. 
 no information can be filed on presentment in this case, 10 L. 697. 
 what sale of, for a slave is against the statute, 11 L. 636. 
 when guilty of misdemeanor under §^28, 29, ch. 198, Code of 1849, 11 G. 
 
 292. '' 
 
 if appeal refused by justice, may get numdamia from circuit court, 11 G. 
 
 292. , 
 
 if mandamvs refused, may get supersedeas from Supreme Court of Appeals, 
 
 11 G. 292. 
 FREIGHT ; see Carrier. 
 
 when ship, though engaging enemy and only going part of voyage, enti- 
 tled to, 1 W. 207. 
 
 when, if ship stranded to avoid capture, owner is entitled to, on cargo, 4 
 C. 346. 
 
 when performance of voyage consideration for, 4 C. 590. 
 
 not recovered when voyage not completed and vessel condemned for fraud 
 of an owner, 2 M. 53. 
 
 not recoverable for goods demanded bycaptainonSuudayandnot delivered 
 to him, 6 M. 34. 
 
 not due until earned by delivery of cargo, unless prevented by fault of 
 shipper, 4 E. 504, ' 
 
 when ship-owner is entitled to, on construction of charter party, 9 L. 532. 
 
 FULLY ADMINISTERED ; see Pleading ; Persorud Bepreeentatim. 
 
 a devaMavit being suggested, when executor may plead and prove, 2 W. 
 
 184. 
 what verdict should find on a plea of, 2 W. 301. 
 on plea of, if verdict is uncertain as to amount of assets, a new trial will 
 
 be awarded, 3 C. 424. 
 if plea of, omitted by clerk by mistake, how equity will correct error, 4 
 
 C. 528. 
 what verdict uncertain and insufficient on plea of, 3 M. 65 ; 6 R. 106. 
 what verdict on plea of, ought to ascertain. 3 M. 65 ; 6. R. 106. 
 verdict on plea of, insufficient foundation for a judgment de bonis testa- 
 
 toris, 1 L. 481 ; 5 L. 51. 
 
 FURNITURE, 
 what passed by bequest of " all my household goods and furniture," 2 M. 
 
 234. 
 what not included in bequest of stock, plantation utensils and household 
 furniture, 5 M. 272. 
 
276 GAMING— GAMING DEBT. 
 
 G. 
 
 GAMING; see Qaming Debt. 
 
 betting on a horse race is not, under act of March 14, 1848, 8 G. 592. 
 
 it is not error for j ury to try a charge of, or that several offences are charged 
 
 against different persons in same indictment, 1 V. C. 119. 
 penalty imposed on tavern keepers for allovfing, could not be recovered 
 
 by information, 1 V. C. 133. 
 defendant in prosecution for, may appear by attorney, 1 V. C. 334. 
 in prosecution for, defendant is entitled to trial by jury, 1 V. C. 335. 
 vrhen judgment on a defective presentment for, not reversed, 2 V. C. 17. 
 vrhat proof insufficient to support indictment in this case, 2 V. C. 18. 
 ; tavern keeper may be tried on presentment for allovring, without an in- 
 formation, 2 V. C. 19. 
 playing at cards in a tavern is, vrhether there is betting or not, 2 V. C. 77. 
 misnomer cannot be pleaded to presentment for, 2 V. C. 513. 
 what a place of public resort, or a public place, under the law, 2 V. C, 515; 
 when person taking chance in a raffle within law, when not, 5 E. 652. 
 indictment charging gaming is carried on at a house of public resort, -is 
 
 good, 5 E. 669. 
 exhibitor of " Hap Hazard " liable under law, 6 E. 694. 
 presentment for, in these cases defective, 4 L. 674 ; 10 L. 686. 
 when, at a store not within the statute, 4 L. 680; 5 L.,751. 
 when barn a public place within the statute, 8 L. 741 . 
 what evidence will support indictment against tavern keeper for allowing, 
 
 8 L. 757. 
 what indictment for, sufficient, 9 L. 608. 
 
 what deemed a race field witjiiu meaning of act against, 9 L. 648. 
 act March 26, 1842, as to recoveries for violation of, laws, construed, 2Rob. 
 
 800. 
 what irregularities not sufficient to reverse judgment, ,2 Eob. 800. 
 what proof will sustain an indictment for playing cards, &c., 14 G. 582. 
 what not a public place within meaning of act against, 6 G. 689 ; 8 G. 585; 
 
 14 G. 679. 
 what wager on an election within meaning of act against, 15 G. 653. 
 licensed eating house in town a public place under act against, 22 G. 917. 
 betting at any game at a public place is within act against, 22 G. 917. 
 what not within act, Code of 1873, ch. 194 ?1, 32 G. 884. 
 what indictment under said act sufficient, 32 G. 873. 
 GAMING DEBT ; see Oaming. 
 vhen assignee of, without notice may recover, 1 W. 296, 389 ; 2 Eob. 676. 
 infant coming of age and promising to pay, bound, 1 W. 296. 
 obligor in bond for, inducing innocent party to buy, is bound for, 1 W.389. 
 bond given for money won at cards is void, 2 H. & M. 80. 
 when equity will relieve obligor in, after judgment and levy of e/eyit, 2 
 
 H. & M. 80. 
 assignee of, cannot recover unless obligor promised to pay the debt if he 
 took it, 2 H. & M. 80. 
 
GAMING DEBT— GIFT. 277 
 
 GAMING DEBT, Continued. 
 executor not allowed for paying. Direction to pay just debts does not in- 
 clude, 5 M. 223. 
 land devised charged with payment of, is discharged therefrom, 5 M. 223. 
 equity can relieve against judgment on, though no defence was made at 
 
 law, 3 E. 214. 
 how equity will relieve if part of bond is on gaming and part on lawful 
 
 consideration, 3 B. 214. 
 decree in case of, drgiwee and assignee knowing nothing of the gaming, 2 
 ' E. 676. 
 money lent to be betted on a presidential election cannot be recovered by 
 
 suit, 2 G. 257. 
 when defendant in suit on, may if surprised in trial at law get relief in 
 
 equity, 5 G. 645. 
 equity will not settle transactions of partnership for gambling, 7 G. 1. 
 partner qualifying as administrator of the other, cannot question his right 
 to one half of property, though bought for gambling purposes, 7 G. 1. 
 GAENISHMENT ; see Attachment. 
 what may be garnisheed, 8 G. 104, 260, 289 ; 10 G. 149 ; 12 G. 440, 655 ; 
 
 14 G. 563. 
 in attachment judgment should first be taken against debtor and then 
 
 against garnishee, 3 C. 455. 
 corporation may be a garnishee, 12 G. 655. 
 GENEEAL COURT ; see Court. 
 GENEEAL ISSUE. ; see Evidence ; Issue ; Pleading. 
 GIFT. 
 
 when parol, of personalty in consideration of marriage, valid against cred- 
 itors, when void, 2 P. &H. 583. 
 of slave not by deed or will, is void, 1 W. 139 ; 9 L. 245. 
 when parol, of slave is a good execution of a power, 2 C. 520. 
 parol, of slaves, good after five years' possession, 3 0. 85. 
 act of 1787 concerning parol, of slaves construed, 4 C. 234. 
 of slaves, by delivery before Virginia statute of frauds, held good in this 
 
 case, 2 H. & M. 289. 
 when of slaves to daughter's husband presumed to be in consideration of 
 
 marriage, 3 H. & M. 127. 
 what considered, of leasehold land in consideration of marriage, 3 M. 10. 
 deed of, held to convey property to separate use of the wife, 6 M. 581. 
 what a valid, of a bond, though bond itself not delivered to donee, 4 L. 
 
 333. 
 what a consummated, of a slave, though no deed executed, 7 L. 119. 
 what a valid executed, of a bond by a legatee of it for life, 10 L, 628. 
 by father owing a debt, of chattels to daughter who afterwards marries, 
 
 good, 11 L. 136. , 
 
 by father to children in this case, held good, 11 L. 281. 
 evidence in this case of conditional, held insufficient, 4 M. 186. 
 of slave void, there being no deed, or will, or possession in donee, 6 E. 135. 
 
278 GIFT— GRAND JUROR. 
 
 GIFT, Conimued. 
 
 if answer admits possession in donor, evidence of possession in donee inad- 
 missible, 6 R. 525. 
 
 parol, of slave without delivery of possession, void against subsequent pur- 
 chaser from donor, 6 R. 541. 
 
 deeds for land bought by father and conveyed to sons at his request, set 
 'aside by his creditors, 6 E. 618. 
 
 conveyances by debtor without consideration, set aside by his creditors, 6 
 E. 618. 
 
 when law vests legal title to slave in sheriff if gift is void, 6 K. 735. 
 
 when, of a slave void as between donor and donee ; when as to oreditore 
 and purchasers, 6 R. 674 
 
 when deeds of, by ward to guardian void, 2 L. 11. 
 
 verbal, of chattel A'ithout actual delivery, does not pass property to do- 
 nee, 2 L. 337. 
 
 p^ol, in these cases void, 6 L. 486; 11 L. 439. 
 
 proof insufficient to sustain, in this case, 12 L 147. 
 
 parol, of real estate, void as to creditors, 1 G. 416. 
 
 parol, of slave, to take effect on death of donor not then sick, void, 2 G.. 
 344. 
 
 when, of slaves to children by father must be accounted for, and how, 1 G. 
 402. 
 
 there may be a, of future increase of slaves, 13 G. 183. 
 
 when, by husband, of wife's interest in slaves, binding on him, 16 G. 244. 
 
 when, becomes complete and binding on donor, 16 G. 244 ; 19 G. 74. 
 
 of what property, a, can be made, 19 G. 244; 19 G. 74. 
 
 when equity will compel conveyance of title to land claimed under aparol, 
 30 G. 255. 
 GLEBE LANDS, 
 
 quxre, whether legislature could order sold and money used for poor, 6 C. 
 113;seellL. 127. 
 
 what sufficient to prevent sale of, as vacant, 2 M. 513. 
 
 chancery held to have no jurisdiction in this case to restrain sale of, 3 L. 1. 
 
 bill by freeholder for interest on proceeds of, dismiissed, 9 L. 580. 
 GOVERNOR. 
 
 holds over until his successor is qualified, 18 G. 85. 
 
 cannot pardon upon condition; condition is void and pardon absolute, 4C. 
 35. 
 
 can grant a conditional pardon to prisoner convicted of felony, 22 G. 789. 
 GRAND JUROR ; see Jury. 
 
 when part ownership of land on which there is a mill no disqualification 
 
 of, 6 G. 711. 
 person with equitable title/and entitled to call for the legal title, is quali- 
 
 fid to serve as a, 4 G. 536; 6 G. 695. 
 ■ how indictment quashed if, is an alien, 2 V. C. 20. 
 
 defendant may plead in abatement to the presentment that a, was owner 
 
 ©fa mill, 2 v., C. 318.. 
 
GRAND JUROR— GREENBRIER COMPANY. 279 
 
 GRAND JUROR, Continued. 
 
 when mortgagor of land not disqualified as a, 2 V. C. 319. 
 
 proceedings when indictment is found by the grand jury. Record of find- 
 ing necessary, 2 V. C. 527. 
 
 who not keeper of an ordinary and disqualified as a, 2 L. 739. 
 
 grand jury is regularly constituted, tjough the court discharged a dis- 
 qualified juror and swore in another, 4 L. 645. 
 
 when party contracting to sell his land not disqualified as a, 4 L. 663. 
 
 what no valid objection to grand jury, 4 L. 667 ; 26 Gr. 976. 
 
 plea that clerk who swore grand jury was not clerk de jure, not valid, 4 L. 
 674. 
 
 naturalized citizen of United States domiciled in Virginia can serve as a, 
 5 L. 743. 
 
 purchaser not having conveyance not qualified to serve as a, 7 L. 747. 
 
 if twelve of grand jury poncur in finding indictment it is sufficient, 8 L. 
 722. 
 
 party held in this case qualified as a, 9 L. 639. 
 
 pleas to qualification of, in Petersburg circuit court held insufficient, 9 L. 
 651. 
 
 when vendee not having paid purchase money for land a qualified, 2 R. 
 826. 
 
 appointment to take census does not disqualify person as a, 1 V. C. 186. 
 
 when grand jury summoned under old law cannot be objected to, 20 Gr. 
 733. 
 
 how grand jury summoned and constituted, 26 G. 976. 
 
 not competent to serve on a petit jxxTj, 12 G. 689. 
 
 GRANT ; see Evidence ; Patent. 
 
 when not necessary to show seisin in crown under a, 1 W. 34. 
 
 lapsed patent relates back and avoids mesne grants, 1 W. 38. 
 
 effect of caveat, 1 W. 38. 
 
 relates back to warrant unless it destroys intervening rights, 2 W. 106. 
 
 act of 1786 did not authorize, of lands previously granted by Lord Fair- 
 fax, 2 W. 106. 
 
 lands granted by proprietor of Northern Neck not liable to be granted by 
 State, 2 "W. 116. 
 
 refused when there is unreasonable delay in completing title, 2 W. 121. 
 
 when copy of patent is authentic and admissible, 2 W. 276. 
 
 made in 1658, when sufficient to convey lands, 2 W. 276. 
 
 by crown to proprietors of Northern Neck was valid, 4 C. 42. 
 
 of a right of way does not convey soil ; only a way over it, 4 C. 441. 
 
 alien may take by, and can convey before office found, 5 C. 364. 
 
 when no one but commonwealth can have, avoided as to excess, 5 L. 381. 
 
 when younger, preferred to elder, J. 30. 
 
 GREENBRIER COMPANY, 
 what sufficient excuse to, for not getting patents in time prescribed, 4 
 
 C. 21. ' > 
 what entitled to under ?7 act of 1779, 4-C. 196. 
 
280 GUARANTY— GUARDIAN. 
 
 GUARANTY. 
 
 transferrer for value of negotiable note is a guarantor of its genuineness, 
 but not of solvency of parties, 6 G. 427. 
 
 blank endorsement imports a guaranty according to terms of note, and this 
 cannot be altered by parol proof, 6 6. 633. 
 
 when barred by the statute of lunitations, 6 G. 633. 
 
 guarantor may specify in letter of credit the terms on which he will be 
 bound, and is bound accordingly, 8 G. 174. 
 
 endorser of note payable at a bank which has ceased to exist is liable as 
 assignor or guarantor, 33 G. 23. 
 
 fact that principal gove his bond for goods purchased, did not release guar- 
 antor, 8 G. 174. 
 
 guarantor may maintain a foreign attachment against principal before he 
 has paid debt. 10 G. 284. 
 
 what letter introducing party, &c., is a, 10 G. 284. 
 
 when assignee of bond no longer liable as guarantor, 17 G. 11. 
 
 liability of State as guarantor of bonds of Wheeling, 18 G. 750. 
 
 general principles as to liability of a guarantor, 18 G. 750. 
 GUAEDIAN; seeBmd; Infant. 
 
 1. In GEJfEEAL. 
 
 2. Bond. 
 
 3. Powers and Liability. 
 1. In General : 
 
 what terminates a guardianship,' 12 G. 608 ; 4 C. 250. 
 
 for what, bond given by, to ward on settlement of estate, is evidence, 6 R. 
 
 574. 
 no writ of error lies before superior court of law to reviewe appointment of, 
 
 2 V. C. 204. 
 from what courts no appeal lies as to order appointing or removing, 4 
 
 L. 584. 
 when and how far revocation of appointment of, void, 6 L. 399. 
 will in this case does not appoint teecutors testamentary guardians, 11 L. 
 
 414. 
 when court may elect for infant to take land devised to be sold, or its pro- 
 ceeds, 2 R. 404. 
 if two appointed by the will, either may renounce, or qualify, 11 L 414. 
 in whose name bUl to get possession of ward's estate should be filed, 9 G. 
 
 273. 
 second, cannot file bill against first for an account, 6 G. 301. 
 infant by his next friend, may make either, account, 6 G. 301. 
 when party dealing with, liable for his fratid, when not, 11 G. 111. 
 when sureties of, deban-ed by laches from redress against parties dealing 
 
 with him, 11 G, 111. 
 infant on attaining fourteen years of age cannot remove, except for cause, 
 
 15 G. 74. 
 notice commissioner must give when he settles accounts of, 23 G. 376. 
 decree treating person as, without proof of his appointment, &c., erroneous, 
 
 23 G. 816. 
 
GUAKDIAN. 281 
 
 GUARDIAN, In Genekal, Corainued. 
 
 decree against administrators of, held erroneous for several reasons, 23 G. 
 
 816. 
 » chancery courts have power to appoint, 24 G. 302. 
 appointment of, cannot be questioned in a collateral proceeding, 24 G. 302. 
 when court may remove, and appoint a receiver, 27 G. 651. 
 court held to have no power to order, to invest in Confederate bonds, 29 
 
 G. 69. 
 how bill by infants for sale of their lands, and to surcharge accounts of, 
 
 treated, 29 G. 112. 
 when removal of, proper, 29 G. 112. 
 
 what does not relieve ward's estate from liability for his support, 17 G. 398. 
 how ward's estate may be paid to foreign, 29 G. 112. 
 if surety of, pay ward and guardian becomes bankrupt, the debt is lost, 
 
 29 G. 280. 
 when sale of ward's land by court in a suit by, valid, 30 G. 123. 
 bonds given by, for balance due ward are fiduciary debts, 31 G. 291.- 
 
 2. Bond: 
 
 judgment on, may be for penalty as reduced by scale of depreciation, 1 C. 
 333. 
 
 .surety on, may be sued without first suing principal, 1 C. 333. 
 
 may be taken for two orphans. When sufficiently accurate, 1 C. 333. 
 
 should be executed in open court. Taking of is a judicial act, 2 M. 492. 
 
 when relief given sureties on, in equity, guardian being dead, 4 M. 289. 
 
 when sureties on bond of administratrix who qualifies as guardian ab- 
 solved, and sureties on, bound, 6 E. 444. 
 ' blank as to penalty is void. Not considered a covenant, 1 G. 310. 
 
 when lapse of time and statute of limitations no defense to surety on, 
 against claim of ward, 3 G. 342. 
 
 decree should not be against surety on, until account of administratrix 
 settled and it appears he has no estate, 3 G, 342. 
 
 efliect of, what it binds, 12 G. 608. 
 
 as to liabilities of sureties on a second, 23 G. 525. 
 
 when guardian and sureties liable on, 17 G. 398. 
 
 what good, though not in pursuance of the statute, 13 G. 175. 
 
 guardian and sureties bound by, though he lived out of State and had no 
 proi)erty in it, 13 G. 175. 
 
 effect of release given one surety on, 1 P. & H. 34. 
 
 sureties and principal may be jointly sued on a, 2 P. & H. 561. 
 
 when creditor of ward substituted to his rights on the, 17 G. 398. 
 
 when right of action on accrues. When barred. When not, 2 P. & H. 561. 
 
 responsibility of sureties and guardian if latter unnecessarily sell bank 
 stock and use the proceeds, 6 L. 399. , 
 
 3. PowEES AND Liability: 
 
 may reserve rent of ward's land either to himself or ward, 1 W. 87. 
 when, not liable for depreciation of paper money, 1 W. 226 ; Wy. 163. 
 ■when bound by entry made by administrator's clerk, 2 W. 151. 
 powers of first are revoked by appointment of a second, 2 W. 195. 
 
 36 
 
282 GUARDIAN. 
 
 GTJAKDIAN, Powers and Liability, Continued. 
 lease of ward's land by, for longer term than ward's infancy is void, 4 C. 
 
 250. 
 accquut of, settled by court is the best evidence. Interest refused, 4 C. 453. 
 marriage settlement made by infant through father or, is binding, 3 H. & 
 
 M. 399. ^ 
 
 when allowed for principal of ward's estate expended, 1 M. 119 ; 27 G. 849 ; 
 
 33 G. 663. 
 may bring assumpsit in his own name on order payable to him as, 6 M. 3. 
 cannot waive a benefit to which wards entitled in a decree, 2 E. 409. 
 cannot apply principal of estate to ward's education without a previous 
 
 order of court, 6 E. 444. 
 how accounts of, made out after ward comes of age to render service, 6 
 
 E. 444. 
 when paying profits to wards cannot recover them back, 2 L. 76. 
 case of, taking and assigning bonds for purchase money of ward's land ; 
 
 rights of parties, &c., 3 L, 12. 
 merchant selling goods to, not bound to see that profits of ward's estate 
 
 will pay for them, 3 L. 12. 
 has same power to sell personal estate of ward as executor has to sell as- 
 sets. May sell bank stock, 6 L. 399. 
 when allowed for'debt of decedent's estate paid by him, 7 L. 412. 
 not allowed disbursements exceeding profits of ward's estate, 11 L. 439 ; 
 
 1 G. 143. 
 what sufficient proof to allow credit to, in this case, 12 L. 112. 
 when administrator of first, competent witness against second, 2 Rob. 420. 
 suit for tuition, &c., against second, not sustained, 2 Eob. 420. 
 case of decree against, who was an administrator, 3 Eob. 39 
 principal of ward's personal estate may be applied to improving his land, 
 
 1 G. 143. 
 executor who is, must by some act or declaration show that he holds 
 
 legacy as such, 2 G. 319. 
 when parol declarations of, admissible to repel charge against ward for 
 
 board, 1 M, 119. 
 when father allowed for support of child and treated as his, 15 G. 513. 
 may file bill for sale of ward's lands, 15 G. 551. 
 
 time allowed, to collect and inyest money of ward, 4 G. 43 ; 1 M. 119. 
 may recover damages for trespass on lands of ward, 6 E. 556. 
 
 can sell trees blown down. As to his power to consent to cutting them, 6 
 E. 556. 
 
 from the termination of guardianship, accovtnts stated as between debtor 
 and creditor, 1 Epb. 196. 
 
 how accounts of, stated. How interest charged, 1 Eob. 196 ; 4 C. 453; 4 
 6. 43 ; 12 G. 608 ; 23 G. 366, 525; 25 G. 692; 29 G. 112. 
 
 reasonable allowance made, for support of ward who lived with mother, 4 
 G. 43. 
 
GUARDIAN— GUARDIAN AD LITEM. 283 
 
 GUARDIAN, Powers and Liability, Continv^d. 
 entitled to compensation for support of ward, though he promised to make 
 
 no charge, 9 G. 372. 
 how accounts stated if there are three wards. Proper decree, one still 
 
 being an infant, 9 G. 372. 
 lias legal title to ward's personal estate. Power over it. Cannot sell it to 
 
 pay his own debt, 11 G 111. 
 if, did not charge ward for maintenance, it should not be charged after his 
 
 death, 12G. 73. 
 how, charged as to Confederate money in this case, 22 G. 313. 
 when not allowed compensation, 22 G. 31 3. 
 
 as to investment of ward's money by order of county court, 23 G. 376. 
 accounts as, and administrator should not be blended, 25 G. 692. 
 held liable for uncollected debt due ward, 26 G. 490. 
 may maintain suit for partition, when, 26 G. 517. 
 liable for receiving Confederate money for good ante- war debt, 26 G. 621 ; 
 
 29 G. 69. 
 duty and liability of, whose powers are revoked, 27 G. 651, 
 when court may decree against, without taking an account, 27 G. 651. 
 of married man can reduce wife's chases in action into possession, 28 G. 670- 
 when wards taking under a will estopped to claim account of 'testator's 
 
 guardianship, 31 G. 601. 
 ward not concluded in equity by his receipt in full to, 2 P. & H. 232. 
 not personally responsible for support of ward, 17 G 398. 
 should keep trust fund separate from his own property and apply and in- 
 vest it properly, 33 G. 463. 
 party uniting with, in misapplication of trust funds liable therefor, 33 G. 
 
 463. 
 in such case both may be sued at same time, 33 G. 463. 
 ward may sue, in county where latter resides, for proceeds of land sold in 
 
 another county, when, 33 G. 663. M 
 
 cannot use principal of ward's real estate unless court authorize it before 
 
 expended, 33 G. 663. 
 expenditure of principal of ward's personalty may be allowed afterwards, 
 
 33. G. 663. 
 
 GUARDIAN AD LITEM. 
 
 qusere, whether person appointed, can be compelled to act as, 2 C. 1. 
 error to take judgment against infant whose, fails to appear. What should 
 
 be done, 2 C. 1. 
 when a discharged, may be again appointed, 4 H. & M. 482. , 
 
 it is error to enter decree against.infants without assigning them a, 2 M. 
 
 129. 
 not bound to accept. A reasonable time given him, 2 M. 342 
 office judgment against infant reversed in toto because he had no, 4 M. 439. 
 when defence to suit by guardian of infant sufficient, when not, 6 M 99. 
 qusere, if infant defends suit by attorney, and appeals in person, how error 
 
 corrected; 2 L. 653. 
 
284 GUARDIAN AD LITEM. 
 
 GUARDIAN AD LITEM, Continued. 
 
 answer of infant by, cannot be read against him for any purpose, 1 Kob. 
 499. 
 
 in suit by guardian for sale of infant's lands a, for the infants may be ap- 
 pointed at rules, 6 G. 399. 
 
 it is error to decree sale of infant's lands without an answer filed by, 33 
 G. 548. < 
 
HABEAS COKPUS-^HANDWRITING. 285 
 
 H. 
 
 HABEAS CORPUS, 
 when, must be shown to the court, or delivered to the sheriff, 1 C. 203. 
 as to course of proceedings when cause removed to superior court by, 1 H. 
 
 & M. 25. 
 when issuing of writ by Court of Appeals not authorized by act of Jan. 10, 
 
 1815, 5 M. 292. 
 judgment on, in fa-jor of slave in Ohio, does not establish his right to free- 
 dom, 1 E. 15. , 
 negro in custody may make affidavit on application for ; cannot give evi- 
 dence, 7 L. 438. 
 question of detention should not be decided on the ; applicant should sue 
 
 in forma pauperis, 7 L. 438, 
 when claim 6f vice-consul insufficient. "When judgment should not be 
 
 delayed, 7 L. 438. 
 proper remedy in case emancipated slave taken under execution against 
 
 former owner, 10 L. 467. 
 party arrested under escape warrant, who had escaped before he had been 
 
 committed, relea^d on, 11 L. 253. 
 does not lie for master for illegal imprisonment of slave, 2 G. 588. 
 in whose name petition for writ of, to get possession of a child must be, 9 
 
 G. 102. 
 proper office of a writ of. "What order court will make, 9 G. 102. 
 free man levied on as a slave may be released by, 15 G. 256. 
 slave condemned to death by majority of county court discharged on, 16 
 
 G. 561. 
 when Court of Appeals will bring prisoner before it by, 20 G. 716, 848. 
 Court of Appeals in 1850 could not grant writ of error in criminal case to 
 
 judgment on, 7 G. 201. 
 State judge may issue, though party confined under color of authority of 
 
 United States, 2 V. C. 276. 
 heard in absence of prisoner because of his ill health, 11 L. 665. 
 when prisoner confined in penitentiary released on, 2 Rob. 843. 
 is a remedy for those illegally imprisoned, 2 G. 588. 
 HANDWRITING; see Eoidenee. 
 to a letter being proved, when admissible in slander and for what, 2 W. 
 
 167. 
 of prior endorsers need not be proved in suit against assignor of bond, 1 C. 
 
 123. 
 when proof of, of party executing deed, and not of subscribing witness, 
 
 proper, 4 R. 325 ; 1 L. 483. 
 what does not impair evidence of witness as to ; qusere, what competent to 
 
 prove, 6 E. 316. 
 what comparisonof, not proper evidence, 1 L. 216. 
 
286 HEARING 0^ CAUSE— HEIR. 
 
 HEAEING OF CAUSE. 
 
 decree deciding case on the point of jurisdiction cannot be objected to be- 
 cause cause was set for hearing, 2 L. 192. 
 
 until what time suit in chancery cannot be set for hearing, 2 W. 191 ; 2 
 Rob. 255. 
 
 when appellate court presumes cause was set for hearing or heard by con- 
 sent, 2 P. & H. 206. 
 
 HEARSAY; see Evidence. 
 
 HEIR ; see Children, ; Descent; Distribution ; Will. , 
 word, in this will construed to mean " heir apparent, " 1 W. 381. 
 of feme covert entitled to lands, if her relinquishment of them was ob- 
 tained by force, 1 C. 190. 
 executors and not, of a mortgagee should bring bill to foreclose, 1 C. 419. 
 when conveyance by one as executor estops him to claim as, 1 C. 429. 
 intestacy of ancestor need not be stated in a writ of right by, 1 C. 429. 
 when, may maintain debt on bond made to ancestor for quiet enjoyment 
 
 of lands, 2 C. 22. 
 what inquisition finding an escheat for want of heirs should state, 2 C. 
 
 284. 
 when, cannot bring trespass before assignment of dower, 3 C. 181. 
 when, pleads no assets by descent, ageneral verdict against him is sufacient, 
 
 3 C. 431. 
 if title of, abated, he cannot convey it by deed of bargain and sale before 
 
 entry, 3 C. 488. 
 was not liable under act of 1748 for stocks of cattle destroyed by British 
 
 army, 4 C. 605. 
 decree against executor is onlj prima facie evidence against, 6 C. 308. 
 what declaration by, for breach of covenants in a deed to ancestor, is good 
 
 after verdict, 1 H. & M. 303. 
 what defect in plea in action of covenant against, cured by verdict, 1 H. 
 
 & M. 303. 
 not entitled to relief as administrator unless he will do equity as, 4 H. <& 
 
 M. 460. 
 not bound for. clerk's fees and taxes due from the ancestor, 4 H. & M. 460. 
 judgment against the executor is no evidence against, 1 M. 437. 
 decree in suit by administrator of purchaser against administrator and 
 
 heirs of vendor for deficiency in land, ,1 M. 493. 
 of an heir responsible on obligation binding heirs if he have assets by de- 
 scent from obligor, 2 M. 88. 
 in declaring in such case how, should be charged, 2 M. 88. 
 purchaser from, of deceased partner relieved in equity. Heir riot necessary 
 
 party, 2 M. 387. 
 personal representative of purchaser relieved in equity if action at law on 
 
 bond be against him, 3 M. 54. 
 of vendor who retained title to land, compelled to convey with special' 
 
 warranty only ; not compelled to pay costs, 4 M., 140. 
 contract of husband in this case not good against, of wife, 4 M. 499. 
 
HEIR. 287 
 
 HEIIi, Contirmed. 
 
 of patentee of waste land, may recover in ejectment against person in pos- 
 session, when, 6 M. 303. 
 
 entitled to real estate though charged with debts, Until convicted of mis- 
 management, Gil. 174. 
 
 decree of court of another State for conveyance of land in Virginia, not 
 enforced against, after a lapse of thirty years, 2 P. & H. 255. 
 
 when chancellor may sell real estate descended and that fraudulently con- 
 veyed, to pay debts, 2 L. 29. 
 
 when not responsible f6r rents and profits accrued before decre of sale, 3 
 L. 29. 
 
 surety of sheriff cannot on summary motion get judgment against his 
 heirs for money paid by him, 2 L. 68. 
 
 of a personal representative, not a necessary party before decree can be 
 made against representative's sureties, 5 L. 13. 
 
 equity has no jurisdiction of suit by, for slaves, 5 L. 149. 
 
 testator can only disinherit, by giving his estate to some one else, 5 L. 
 222. 
 
 court shduld not sell lands to pay debts of ancestor, if rents will pay them 
 in a reasonable time, 6 L. 196. 
 
 case of heirs responsible out of profits of real estate descended, on contract 
 of ancestor, 6 L. 534. 
 
 equity will set up a lost bond against, bound thereby, 6 L. 478. 
 
 quiere, whether 1 R. C. ch. 128 ?17 protects, of decedent, 10 L. 93. 
 
 agreement by, to abide by a will which could not' be probated, enforced, 10 
 L. 50. 
 
 decree directing lands of heirs sold for cash, reversed, and it sold on credit, 
 11 L. 83. 
 
 heirs of obligors not bound by instrument in this case, 11 L. 136. 
 , when audited accounts of administrator not evidence against, on bill by 
 him for money paid for debts of intestate, 11 L. 498. 
 
 what decree should be in suit for specific execution, revived a gainst, of ven- 
 dee, 2 Bob. 474. 
 
 entitled to rents of real estate descended, until decree subjects them to 
 payment of debts, 2 Gr. 73. 
 
 entitled to interest on surplus after sale under trust, until decree direct- 
 ing distribution of such surplus, 2 G. 81. 
 
 only bound by judgment against ancestor when it cannot be paid out of 
 personal assets, 2 G. 200. 
 
 entitled to have personal assets'of ancestor applied to pay his debts, 2 G. 
 532. 
 
 party seeking to subject, to bond of ancestor, must show he is bound by 
 the bond, 3 G. 354. 
 
 rights of, of wife in land to which husband and wife have equitable title 
 and a patent, 5 G. 63. 
 
 how estate of, who had not been heard of for seventeen years, divided 
 among other heirs^ 5 G. 63. 
 
 when liable in Virginia on debts and covenants of ancestor,- to extent of 
 real assets descended in another State, 8 G. 353. 
 
288 HEIR— HOMESTEAD. 
 
 HEIR, Continued. 
 
 land in Virginia descended to non-resident, how subjected to debts of an- 
 cestor, 8 G. 260. 
 
 proceeding to recover damages against Upper Appomattox Co. cannot be 
 revived by, of plaintiff, 11 Gr. 1. 
 
 when may maintain ejectment upon the strength of his possession, 11 G. 
 172. 
 
 insurance money on house held to belong to, 4 L. 371. 
 
 how proceeds of sale of infant's land will pass, 23 G. 444. 
 
 whep aliens cannot inherit in Virginia, 28 G. 62. 
 
 how real estate in hands of, liable for decedent's debts, 32 G. 367 ; see 31 
 
 . G. 601. 
 
 how real estate liable for debts as between creditors of ancestor and of, 32 
 G. 367. 
 
 rights and liabilities of heirs held governed by laws of Louisiana. What 
 decree improper, 2 P. & H. 663. 
 HIGHWAY ; see Corporation ; Road. 
 
 order to view road, and report of viewers sufficient, when, 21 G. 164. 
 
 street is a, council of city cannot authorize obstruction in street, 29 G. .534. 
 
 obstruction placed in street with permission of councils may be removed 
 by their order, 29 G. 534. 
 
 indictment for obstructing a street is proper remedy. What evidence ad- 
 missible, 29 G. 780. , , 
 
 what an acceptance of streets dedicated to the public, 29 G. 780. 
 
 occupation of a, no matter how long continued, gives no right to it, 29 G. 
 780. 
 
 when gates not an obstmctiou to a, J. 50. 
 HIRE OF SLAVES; see Slanes. 
 
 when owner loses hire, when hirer loses it, 2 H. & M. 5. 
 
 when and froin what time personal representative should be charged with 
 interest on, 1 M. 183, 557. 
 
 as to meaning of contract of, in this case, 5 M. 483. 
 
 how interest on, should be charged in decree against person buying with 
 ' noticte of a better title, 5 M. 492. 
 HOMESTEAD ; see Deed. 
 
 law unconstitutional as to debts contracted before it went into operation, 
 22 6. 266. 
 
 deed may be impeached in equity without suing out execution on judg- 
 ment, 26 G. 705. 
 
 when, deed void as to judgment recovered before its execution, 26 G. 705. 
 
 when widow entitled to, in husband's estate, 27 G. 356. 
 
 when grantor in deed which is set aside may claim, in lands against cred- 
 itors, 28 G. 716; 31 G. 456. 
 
 when pending a cause defendant becomes bankrupt and claims his, court 
 should decide as to his right, 28 G'. 850. 
 
 tax collector and sureties not entitled to, against commonwealth, 29 G 
 683. 
 
HOMESTEAD— HUSBAND AND WIFE. 289 
 
 HOMESTEAD, Continued. 
 
 cannot be claimed against a fine in a criminal case, 29 G, 714. 
 
 a waiver of, is constitutional and binding on the party making it and upon 
 his wife, 29 G. 719. 
 
 widow cannot claim, against the heirs, 30 G. 404 
 
 conveyed by husband and wife to secure adebtmay be subjected to pay it, 
 30 G. 43. 
 
 unmarried man with no persons dependent on and living with him, not 
 entitled to, 32 G, 18. 
 
 meaning of terms " householder " and "head of a family" under home- 
 stead law, 32 G. 18. 
 
 deed executed to delay and hinder creditors is void, 33 G. 153. 
 
 circumstances which will vitiate a deed of, 33 G. 153. 
 
 qasere, can, be taken in a shifting stock of goods, 33 G. 153. 
 
 when paity claiming, in stock of goods must show they are paid for, or 
 deed is void, 33 G. 153. 
 
 sheriff releasing property levied on because debtor claimed a, in it liable 
 to creditor, when, 33 G. 361 ; see 32 G. 41. 
 HOMICIDE ; see Oriminal Jurisdiction and Proceedings ; Manslaughter ; Mur- 
 der. 
 
 HORSE STEALING. 
 
 acts as to. Punishable only as. grand larceny, 6 G. 671. 
 
 what variance between record of examining court and indictment for, im- 
 material, 2 V. C. 4. 
 
 what record of examining court need not state, 2 V. C. 4. 
 
 indictments for, need not conclude contra formam statvU, 2 V. C. 260. 
 HOTCHPOT; see Admnemntnt. 
 
 when interest on advancements not brought into, 1 W, 224 ; 3 E. 117. 
 
 when rents, &c., brought into, when not, 3 E. 559 ; 3 L. 'S6. 
 
 to what case doctrine of, not applicable, 1 P. & H. 353. 
 HUSBAND AND WIFE ; see Alimony; Chose in Action; Divorce; Dower; Evi- 
 dence; Feme Oovert; Marriage; Widow; Witness. 
 
 1. In Genbkal. 
 
 2. Eights of Husband. 
 
 3. Eights of Wifb. 
 
 4. Conveyances by anb to- 
 
 5. Suits by and against, 
 
 6. Separate Estate of Wife, 
 1. In General: 
 
 what commission to take privy examination of wife need not state. Pre- 
 sumed to be properly issued, 2 W. 156. 
 
 heir of wife entitled to lands if her relinquishment of them was obtained 
 by force, 1 C. 190, 
 
 privy examination of wife required as to equitable as well as l^al estate, 
 1 C. 190. 
 
 in suits in which husband is not directly interested wife is a competent 
 witness, 1 H. & M. 154. 
 
 37 
 
290 ' HUSBAND AND WIFE. 
 
 HUSBAND AND WIFE, In General, Contirmed. 
 personal representative of husband is entitled to be administrator d. b. n. 
 
 of wife, 4 M. 231. 
 when relation of wife entitled to administer in preference to husband, 
 
 6 M. 132. 
 what a conversion of wife's land into personalty, 2 G. 280. 
 act authorizing courts to restore to injured party divorced, rights of prop- 
 erty conferred by marriage, construed, 2 Gr. 350. 
 when statute of limitations will run against, 11 G. 505. 
 benefit secured to be enjoyed jointly by, cannot be subjected to his debts, 
 
 3 6. 320, 494. 
 rights when, have equitable title to land, and a patent issues to them, 5 G. 
 
 63. 
 endorsement on marriage contract of same date is a part of it, 9 G. 286. 
 marriage contract giving wife power to sell her property in her lifetime 
 
 and giving husband life interest in what remains at her death, 9 G. 286. 
 to protect voluntary conveyance against creditors, marriage must take 
 
 place before creditor obtains judgment, 9 G. 568. 
 husband not competent witness to deed conveying land to wife, 11 G.321. 
 when both, liable for debts of wife contracted before marriage, 22 G. 177. 
 when husband not competent witness to increase liabilities of sureties of 
 
 administrator, 23 G. 477. x 
 
 when husband not bound to state what he said to his wife,. 23 G. 960. 
 when wife not competent to state what husband said to her, 23 G. 960. 
 real estate bought with earnings of wife and conveyed for her separate 
 
 use, held liable for husband's debts, 30 G. 652, 
 as to deeds for voluntary separation of, 31 G. 52. 
 as to allowance of alimony. Not allowed in this case, 31 G. 13. 
 husband is not a competent witness in favor of wife, 31 G. 70. 
 act Feb. 27, 1866, as to marriage of colored persons construed, 31 6. 283. 
 how relation of, established in such cases, 31 G. 283. 
 when wife presumed to act under coercion of husband. "When responsible 
 
 for her own acts, 6 G. 706. 
 fined separately w;hen convicted on a joint indictment for selling ardent 
 
 spirits, 8G. 698. 
 agreement between, good against his creditors who become such after it 
 
 was made, 32 G. 812. 
 as to validity of parol gifts in consideration of marriage, 2 P. & H. 583. 
 as to liability of husband administrator of wife, J. 72. 
 contract between, on an agreement for their sei)aration held invalid, 26 G. 
 
 574. 
 
 whenin suit against administrator wife of intestate presumed dead, 9 G. 
 
 531. 
 uniting by wife in a deed does not vest in grantee any estate distinct and 
 
 geparate from that of husband, but is only a relinquishment of a contin 
 
 gent right, 83 G. 278. 
 
HUSBAND AND WIFE. 291 
 
 HUSBAND AND WIFE, Continued. 
 2. Rights of Husband : 
 when wife's remainder or reversion in slaves vests in husband, 1 W. 30. 
 when husband as administrator entitled to personal property of wife, 2 W. 
 
 74; 2 C. 491 ; 4 C. 305; 5 C. 150. 
 husband may sell personalty of wife not reduced into possession, 4 C. 93. 
 husband not liable for wife's debts after her death, when, 4 C. 453. 
 hvisband dying in life-time of wife cannot devise slaves in which she has 
 
 remainder, 2 H. &* M. 381. 
 when husband surviving wife, or his personal representative, may sue on 
 
 contract made with wife, 1 M. 98. ' 
 slaves held for life by widow as part of estate of first husband, belong to 
 
 second, if she marry again, 2 M. 501. - 
 
 husband entitled to slaves in right of his wife, under this will, 3 M. 43. 
 when deed of slave not good against husband's creditors, or purchaser, 4 
 
 M. 313. 
 purchaser of slaves from husband protected by act of limitations in this " 
 
 case, 4 M. 504. ' 
 when husband suing for slaves as administrator of wife not barred by a 
 
 decision against him in her lifetime, 6 M. 64. 
 when possession of slaves bequeathed enures to party as executor, and not 
 
 as husband, 6 M. 64. 
 husband cannot elect that wife's property shall be real or personal at his 
 
 pleasure, 4 R. 397. 
 when deeds executed by won^au before marriage fraudulent as to husband, 
 
 2 L. 11. 
 instrument of emancipation not probated until after woman's maiTiage 
 
 void against husband, 2 L. 300 
 construction of marriage articles as to estate acquired after marriage, 3 L. 
 
 255. 
 husband entitled to land in this case as personalty of wife, 3 L. 419. 
 what interest of husband subject to his debts in this case. What not, 4 
 
 L. 550. 
 wife held to have a vested remainder in slaves which went to husband at 
 
 her death, 5 L. 442. 
 wheat crop on wife's land belongs to husband, 7 L. 366, 
 administrator of husband not entitled to decree against wife for husband's 
 
 money used by her, 7 L. 66. 
 interest of husband of devisee in remainder, in insurance money received 
 
 by tenant for life, 10 L. 536. 
 settling property to which wife is entitled during coverture on her with 
 
 husband's assent, wUl not protect it from his creditors, 2 G-. 98. 
 husband acquired no right to slaves in this case, 1 E. 355. 
 .when assignee of husband entitled in preference to wife who is divorced, 
 
 2 Eob. 340. 
 what a reduction into possession by husband, of wife's chose in action, 3 G. 
 
 439 ; 14 G 368 ; 28 G. 804 ; 1 P. & H. 141. 
 
292 HUSBAND AND WIFE. 
 
 HUSBAND AND WIFE, JRights of Husband, Continued. 
 if marriage declared null, husband has no interest-in wife's property, 5 G. 
 
 479. 
 when husband of legatee of life interest not liable for life estate, 7 G. 264 
 husband may give up rights to wife's property by ante-nuptial agreement, 
 
 and wife then regarded to all intents as a feme sole, 8 G. 486 
 in such case husband not entitled to administer on wife's estate, 8 G. 486. 
 what a conveyance of joint estate in slaves to ; husband may dispose of 
 
 them, 10 G. 159. 
 what cannot be reduced into possession by husband, 14 G. 369. 
 how far rights of husband divested by a marriage settlement, 16 G. 275. 
 husband's rights In wife's vested interest in a legacy, she being dead, 18 
 
 G. 526. 
 when cl#ld restored to custody of husband, 22 G. 168. 
 guardian of husband may reduce wife's choaes in action into possession, 28 
 
 6. 670. 
 husband can elect for wife during coverture ; she cannot, 28 &. 804. 
 when legacy to wife passes on her death to husband, 29 G. 322. 
 husband not liable for debt of wife in this case, 31 G. 52. 
 3. Eights op Wife : 
 when chattels survive to the wife, 2 C. 441. 
 
 wife not entitled to one-third of money received for land sold during co- 
 verture, in lieu of dower, 3 C. 13. ' 
 conveyance of wife before marriage supported against husband, 3 C. 507. 
 "what deed by husband not a fraud on rights of wife, 5 M. 42. 
 when attachment creditors of absconding debtor entitled in preference to 
 
 wife who gets a divorce, 2 G. 350 
 parol agreement as to lands made between, enforced In equity, 6 M. 1. 
 court will ex officio protect rights of wife from eifect of husband's acts, 4 R. 
 
 397. 
 * when action survived to wife, and debt of husband could not be set-off 
 against It, 12 L. 512. 
 when wife entitled to reversionary Interest in personalty, in preference to 
 
 husband's assignee, 2 Eob. 340. 
 when wife entitled to chose in action not reduced into possession by hus- 
 band's assignee, 4 G. 11. 
 when marriage articles made by infant feme and intended husband, en- 
 forced, 5 G. 414. 
 marriage articles between guardian of wife and husband not binding on 
 
 her, but she may adopt them when she comes of age, 5 G. 414. 
 when charge on wife's property borne ratably by her and purchaser, 7 G. 
 
 99. 
 if husband sells wife's remainder in slaves and dies before life tenant, wife 
 
 is entitled against purchaser, 7 G. 99 ; 2 P. & H, 612. 
 when wife entitled to dower, though she claims under husband's will, 8 
 
 G. 83. 
 when widow can occupy farm without rent until dower assigned, 9 &.242. 
 
HUSBAND AND WIFE. 293 
 
 HUSBAND AND WIFE, Eights of Wife, Continued. 
 
 when petition for habeas corpas for child may be in name of mother and 
 
 her second husband, 9 Gr. 102. 
 what agreement barred wife of dower, but not of distributive share of 
 
 husband's personalty, 11 G. 434. 
 \yidow renouncing will cannot take property bequeathed to her, 11 G. 434_ 
 what a valid payment to widow by executors, 11 G. 434. 
 when life estate given widow in lieu of dower not liable for testator's debts, 
 
 12 G. 628 
 widow is not a purchaser for value of her share of husband's estate, 12 G. 
 
 363. 
 when increase of husband's slaves born after his death, belong to wife, 13 
 
 G.183. 
 when wife may engage in trade, form partnership, enjoy profits, &o., 17 G. 
 
 503. 
 principles as to wife's right to a settlement out of her property, 15 G. 363. 
 when settlement made on wife though she was partially provided for 
 
 by her father, 17G.85 
 when wife may make will in husband's lifetime of property given her by 
 
 his will, 22 G. 21. 
 woman about to be married may dispose of herproperty if no fraud is prac- 
 ticed on husband, 23 G. 102 ; see 3 C. 507. 
 how far settlement on wife in lieu of relinquishment of dower good, 24 G. 
 
 443. 
 rights of wife if settlement on her in lieu of dower set aside, 25 G. 587. 
 how court should guard interest of wife, 26 G. 878. 
 ' wife exempt from personal liability as to her contracts, though she has 
 
 separate estate, 26 G. 878. 
 rights of wife if property settled on her in lieu of relinquishment of dower, 
 
 27 G. 587. 
 on dissolution of marriage wife is entitled to her lands, 27 G. 599. 
 wife's rights in this case, 27 G. 727. 
 
 sale by husband of wife s remainder in slaves invalid, when, 28 G. 80. 
 wife cannot elect during coverture; husband may for her, 28 G. 804. 
 wife not bound by contract made by her trustee, when, 29 G. 728. 
 when wife presumed to act under coercion of husband. When responsible 
 
 for her own acts, 6 G. 706. 
 when wife entitled to her choses in action by way of provision as against 
 
 husband's assignee, 1 P. & H. 12. 
 how such right asserted. When surviving child entitled to mother's right, 
 
 1 P. & H. 12. 
 when equity of wife to settlement out of proceeds of land sold for partition 
 
 superior to claim of grantee or judgment creditor of husband, 1 P. & H. 
 
 277. I 
 
 when right of wife to chose in action survives, 1 P. & H. 141. 
 wife relinquishing dower in consideration of deed to her, entitled to its 
 
 value against husband's creditors, 4 M. 251. 
 widow not entitled to dower in land bought by hu.sband at a trustee's sale 
 afterwards held void, 33 G. 83. 
 
294. HUSBAND AND WIFE. 
 
 HUSBAND AND WIFE, Rights of Wife, Continued,. 
 
 settlement on wife valid against husband's creditors, 33 G-. 88. 
 
 wife could not make will during coverture though husband having estate 
 for their joint lives conveys his interest to her separate use, 33 G. 217 ; 
 see 32 G. 305. 
 
 wife endorsing blank note bound though fraudulently filled up by hus- 
 band, when, 33 G. 377. 
 4. Conveyances by and to: 
 
 when deed of, of wife's land passes estate, though no consideration ex- 
 pressed in it, 2 C. 263. 
 
 deed from, without privy examination of wife void as to her, 1 M. 518. 
 
 what interest passes by deed of husband of wife's life estate in land, 2 E. 
 120. 
 
 when warranty of wife's land by husband does not bind their children 
 getting title from mother, 2 E. 549. 
 
 deed of wife must be executed by husband also, 3 E. 468. 
 
 when certificate of magistrates of other States evidence of execution of 
 deed of, 3 E. 468. 
 
 aldermen of Eichmond could not take privy examination of wife, 2 L. 617. 
 
 deed executed by wifp after it was recorded as to husband, good as to her, 
 4 L. 224. 
 
 when certificate of privy examination sufficient. When not, 4 L. 498 ; 11 
 L. 294; 12 L. 445; 8 G. 241. 
 
 deed by, of wife's land to a trustee to convey it to husband, good, 2 G, 501. 
 
 whataconveyanceof a joint estate in Slaves to, 10 G. 159. 
 
 how court will construe deed of feme made in contemplation of marriage, 
 3 G. 320. 
 
 qnxre, if joinder of wife in sale of land as husband's land, divests her equi- 
 table interest therein, 4 G. 482.' 
 
 1 E. C. ch. 99 §15 does not embrace powers of attorney, 5 G. 110. 
 
 deed by, executed under power'of attorney from them is void as to wife, 5 
 G. 110. 
 
 wife cannot execute a power of attorney, 5 G. 110. 
 
 when deed of wife destroys, her power of appointment under a will, though 
 she was not privily examined, 5 G. 374. 
 
 certificate of clerk that deed was acknowledged in court by, does not make 
 it her deed, 5 G. 414. 
 
 deed of wife made before marriage to secure daughter, good against hus- 
 band, 6 G. 332. 
 
 what conveyance by husband of personalty bars wife of distributable share 
 therein, 6 G.594. 
 
 when unrecorded marriage agreement good against husband's creditors. 7 
 G. 317. ' • 
 
 agreement in contemplation of marriage good between parties, though void 
 as to creditors, 7 G. 317. 
 
 when conveyance of slaves by husband, not affected by his selling slaves 
 surrendered to him in disregard of marriage articles, 7 G. 408. 
 
 when post-nuptial settlement by, void as to creditors, 8 G. 148. 
 
HUSBAND AND WIFE. 295 
 
 HUSBAND AND WIPE, Conveyances by and to, Continued. 
 deed of husband of proceeds of wife's lands held void as to his creditors, 8 
 
 G. 148. 
 what declaration of wife not sufficient evidence of contract between, for a 
 
 settlement on her, 8 G-. 148. 
 what deed of husband to wife set up in equity against husband's heir, 10 
 
 G. 259. 
 what conveyance under decree of court of property held in trust for, good 
 
 against subsequent creditor of husband, 8 G. 332. 
 gift by husband of wife's remainder in slaves binds him though he after- 
 wards dissents, 16 G. 244. 
 deed of husband to wifeheld valid against his subsequent creditors, 26 G. 
 
 354. 
 deed of wife's property acknowlegded by husband but not by her conveys 
 
 no title, 29 G. 728. 
 wife has no power to make deed of trust under this settlement, 30 G. 202. 
 as to covenants by a married woman, 30 G. 565. 
 when deed of, of wife's prospective interest in father's estate void as to 
 
 her, 32 G. 235. 
 deed from husband for wife's benefit of his interest in her estate, held to 
 
 vest a separate estate in her, 32 G. 305. 
 deed of, of wife's interest in personalty held invalid under 1 K. C. ch. 99 
 
 P5, 2 P. & H. 369. 
 privy examination of wife not supplied in equity, J. 62. 
 settlement on wife valid against husband's creditors, 33 G. 88. 
 5. Suits by and against : 
 when specific execution of covenant of wife decreed, 3 C. 394. 
 when husband surviving wife, or his personal representative, may sue on 
 
 contract made with wife, 1 M. 98. 
 if, sue in right of wife for land, conveyance should be decreed to wife 
 
 only, 3 H. & M. 144. 
 when, if husband die pending suit, right survives to wife, 4 H, & M. 452. 
 in such case if she afterwards die, suit should not be revived in name of 
 
 husband's administrator, 4 H. & M. 452. 
 suit by, to recover demand in her right abates by her death, 4 H. & M. 410, 
 acknowledgment by wife not sufficient to establish account against hus- 
 band, 3 M. 29. 
 wife is joined with husband in a bill by, for conformity only, 4 E. 397. 
 when joint -action of assault and battery lies against ; what verdict may 
 
 be, 6 G. 213. 
 wife's interest in her father's estate subjected by creditor of non-resident 
 
 husband, by a foreign attachment, 8 G. 289. 
 when lien of creditor in such suit defeated by husband's death, 8 G. 289. 
 when purchaser of insolvent debtor's interest in his wife's land, may be 
 
 sued for waste by, 5 G. 499. 
 what recovery by wife and children coficlusive against administrator and 
 
 creditors of husband, 7 G. 317. 
 
296 HUSBAND AND WIFE, 
 
 HUSBAND AND WIFE, Suits by and Against, Continued. 
 
 when and how husband administrator of wife may join in suit for injury 
 to slave, 16 G. 393. 
 
 when wife not proper party in action for land bought by husband, 18 G. 
 475. 
 
 when coverture of wife no excuse for delay in suing, 23 G. 212. 
 
 when administrator of husband may recover on policy" of insurance issued 
 for benefit of wife,* 24 G. 497. 
 
 when statute of limitations began to run against wife in this case, 32 G. 
 235. 
 6. Separate Estate of Wife : 
 
 not liable for husband's debts, 6 L. 320. 
 
 when wife cannot demand an account of the profits of her separate estate 
 received by husband, 2 M. 421. 
 
 deed held to give a separate estate to wife, 6 M. 581. 
 
 wife can sell her separate personal estate unless restrained by deed giving 
 it to her, 2 L. 183. 
 
 power of wife to dispose of real estate settled to her separate use, 9 L. 200. 
 
 what conveyance of slaves did not give separate estate to wife, 16 G 264. 
 
 when wife cannot alien slaves held in trust for her, but may have posses- 
 sion of them, 12 G. 425. 
 
 when wife can charge her separate estate. To what debts her stock in 
 trade liable, 17 G. 503. 
 
 when, if wife's business is conducted by husband, her separate estate lia- 
 ble for his debts, 17 G. 503. 
 
 as to right of wife having separate estate to engage in trade, &c., 17 G. 503. 
 
 when wife's money invested in husband's name still hers, 18 G. 739. 
 
 when wife may encumber her estate for husband's debts, 21 G. 521 
 
 what devise not that of a separate estate to wife, 24 G 250. 
 
 when separate estate of wife liable for her debts, 25 G. 481 ; 26 G. 878 ; 29 
 G. 153 ; 31 G. 52 ; 32 G. 305 ; 33 G. 377. 
 
 as to, and her power over it, 25 G. 393, 481 ; 28 G. 878 ; 30 G. 202 ; 32 G. 
 305. 
 
 when wife can have her estate not reduced into possession by her husband 
 settled to her separate use, 27 G. 491 . 
 
 settlement by husband held to vest a separate estate in wife, 29 G. 153. 
 
 real estate bought with wife's earnings and conveyed to her separate use, 
 held liable for husband's debts, 30 G. 652. 
 
 deed from husband for benefit of wife, of his interest in herestate, held to 
 vest a separate estate in her, 32 G. 305, 
 
 in such case wife could not sell fee in her lands, 32 G. 305. 
 
 deed of separate estate to wife held good against subsequent debts of hus- 
 band, though he paid purchase money, 32 G. 411. 
 
 power of wife over separate estate given her by this will, 33 G. 97. 
 
 if jug disponendi be inconsistent with plan of settlement of separate estate 
 on wife, it is as much forbiddeif as if expressly denied, 33 G. 97 ; see 30 
 G. 202. 
 
HUSBAND AND WIPE— HUSTINGS COURT OP 297 ■ 
 RICHMOND. 
 
 HUSBAND AND WIFE, Sepaeate Estate op Wife, Continued. 
 
 wife could not make will during cwerlure though husband leaving estate 
 for their joint lives conveys his interest to her separate use, 33 G. 217 ; 
 see 32 G. 305. 
 
 no particular words necessary to create a, 33 G. 317, . 
 
 a separate estate may be made to feme sole which would he good against 
 marital rights of husband though no particular marriage contemplated, 
 33 G. 317. 
 
 power of wife over, under deed in this case, 33 G. 377. 
 
 how, liable to payment of debt in this case, 33 G. 377. 
 
 when wife competent witness on bill to subject, 33 G. 377. 
 
 in such case answer of husband not evidence for wife. How far her an- 
 swer evidence, 33 G. 377. 
 HUSTINGS COUET OF EICHMOND. 
 
 jurisdiction of, in criminal cases, 25 G. 943. 
 
 38 
 
298 IDEM SONANS— INADEQUACY OP PRICE. 
 
 IDEM SONANS. 
 
 in case of rape, 20 G. ,825. ^ 
 IDENTIFICATION ; see Identity. . 
 
 IDENTITY, 
 a case of identification of a person, 25 G. 712. 
 
 what evidence of, sufSoient to allow deposition to be read, 28 G. 299. 
 IDIOT ; see Insanity; Lunatic. 
 purchase by committee of land of, illegal and decree confirming sale void- 
 able, 22 G. 378. 
 IMPRESSMENT. 
 pubUc bound to pay owners of impressed property for its loss, 4 C. 331. 
 how amount of loss ascertained and proved, 4 C. 331. 
 how loss adjusted, &o.; act 1781 and others construed, 4 C. 338. 
 IMPRISONMENT, 
 how prisoner convicted of one offence and then convicted of others, sen- 
 tenced, 1 V. C. 151. 
 how judgment rendered if jury in case of misdemeanor fail to assess fine, 
 
 1 V. C. 19. 
 prisoner sentenced by General Court to solitary confinement under statute, 
 
 4 L. 669. 
 fixing term of, for aiding slave to escape not erroneous in this case, 8 L, 755. 
 if jury fix term of, for shorter time than law allows, there should be a new 
 trial, 2 G. 558. . 
 IMPROVEMENTS; see .^'ecimemi/ Land; Unlawful Entry and Detainer. 
 when purchaser with notice of equitable title allowed for, 1 W. 336. 
 advantage of a new inclusive patent as to, 1 C. 458. 
 defendant in ejectment not allowed for, if he had notice of plaintiff's title 
 
 when he made them, 1 R. 58. 
 purchaser evicted not allowed for, unless owner guilty of fraud or gross 
 
 negligence, 2 R. 6. 
 warrantee of land evicted cannot recover of vendor value of, 2 R. 132. 
 when party making permanent, on another's land allowed for same, 23 G. 
 
 266. 
 too late to object that same jury tried case and fixed value of, when, 33 G. 
 
 ^ 278. 
 when party in possession of land allowed for, 33 G. 685. 
 INADEQUACY OP PI^CE; see Consideration; Contract. 
 gross, amounting to fraud, sufficient to vacate an executed contract, 1 M. 
 
 518. 
 sale by trustees who became the purchasers, adjudged invalid for, 4 M. 251. 
 sale should not be set aside for, if that was occasioned by act of complain- 
 ant, 4 M. 816. 
 when, though not prool of fraud per se, will avoid a contract, 2 L. 149. 
 party entitled to relief as contract was for price grossly inadequate, 5 L. 
 
 336. 
 contract for sale of land enforced notwithstanding, 22 G. 888. 
 
INCESTUOUS MARRIAGES— INDEMNIFYING 299 
 BOND. 
 
 INCESTUOUS MARRIAGES, 
 what charge in indictment under Virginia act, sufficient, 2 V. C. 331. 
 qaxre, as to whether judgment of separation can be pronounced, 5 R. 657. 
 marrying a brother's widow an oifence against the statute, 2 L. 717. 
 INCONTINENCY. 
 
 how offences of, punished, 5 E. 627, 634 ; 2 G. 555. 
 INCUMBRANCES ; see Covenant ; Deed of Trust ; Judgment ; Land ; Lien. 
 effect of notice of, on purchaser of property, 1 M. 38. 
 when purchaser not precluded from relief on bond for purchase money by 
 
 notice of, 3M. 68. 
 how purchaser agreeing to pay sum in discharge of, credited on account of 
 
 purchase money, 3 M. 243. 
 when purchaser paying off, preferred in equity to vendor's creditor, 5 M. 
 
 257. 
 it being doubtful whether, were on lands or profits of lands, charge not 
 
 enforced, 6 M. 87. 
 public highway passing through land not embraced in covenant against, 
 
 31 G. 1, 
 INDEMNIFYING BOND. 
 what sufficient to justify action on, for delivering up a negro, 1 H. & M. 
 
 450. 
 when officer selling under execution protected from suit by claimant, by 
 
 the, 2 V. C. 256. 
 constable cannot take hn, on an texecution issued by single magistrate on a 
 
 judgment for a small debt, 5 E. 693. 
 quxre, as to what defendants may prove in an action brought by officer on, 
 
 2L. 630. 
 given sheriff under 1 R. C. ch. 134 ??25, 26, can only be sued on at relation 
 
 bf legal owner of property sold, 2 L. 651. 
 what defendant may prove in debt on ; quxre, whether nominal plaintiff is 
 
 competent witness for him, 6 L. 246. 
 who must bring action on, what defect cured by verdict, 6 L. 320. 
 proof that plaintiff is damnified, in action on, 6 L. 600. 
 what not a good statutory, but good at common law, 12^ L. 383. 
 what is a good statutory, to protect sheriff from claimant of property, 1 
 
 G. 282. 
 one, may be taken on several executions, and they need not be set out in 
 
 bond, 2 G. 363. 
 executed by one partner in firm name is good against him, 2 G. 363. 
 when in suit on, relator may recover under a general allegation of owner- 
 ship of property sold, 6 G. 197. 
 bond of- ward held good to indemnify guardian, 2 L. 525. 
 what relator claiming under sale by a partner may recover in suit on, 6 
 
 G. 197. • 
 
 measure of damages on, to sheriff for sale of property, 1 P. & H. 201. 
 what damages arbitrators may allow on deputy's, given sheriff, 2 C. 433. 
 
300 INDEMNIFYING BOND— INDICTMENT. 
 
 INDEMNIFYING BOND, Continued. 
 
 what sufficient assignment of breach of, given administrator by distrbu- 
 tees, 4 H. & M. 293. 
 
 under act of February 8th, 1808, any person claiming property sold unde r 
 execution cowld sue on, 5 M. 32. 
 
 when deputy sheriff who sold property not competent witness in suit on 
 5M. 32;9L. 459. 
 
 sheriff receiving, is bound to sell property levied on, 5 M. 287. 
 
 in such case sheriff does not warrant title and will not refund money if 
 purchaser is evicted, 5 M. 287. 
 
 evidence in debt on an, 7 L. 107. 
 INDEMNITY ; lee Indemnifying Bond. 
 
 when deed delivered to, surety as, 1 W. 1. 
 
 what promise of, sufficient to sustain action, 1 W. 260. 
 
 when sheriff may file bill to have title determined, if plaintiff will not in- 
 demnify him, 1 C. 18. 
 
 when endorser may bring bill to be indemnified against his endorsement, 
 4 C. 402. 
 
 a purchase by the insured, under a sentence of confiscation, does not take 
 away right to, for loss, Gil. 16. 
 
 what sufficient consideration for promise of; verbal contract held valid, 12 
 L. 565. 
 
 principal is bound to indemijify surety whether his name appears as prin- 
 cipal or not, 33 G. 527. 
 
 how party joining in appeal bond entitled to, in this case, 33 G. 527. 
 INDIANS. 
 
 when might be made slaves. When not, 1 "W. 123. 
 
 INDICTMENT; see OriminalJurisdiction and Proceedings ; Information; Pre- 
 sentment. 
 
 1. In Geneeal. 
 
 2. When good. 
 ( 3. When bad. 
 
 1. IN Geneeal: 
 on, for assault against several it is error to assess a joint fine against them, 
 
 1 C. 555. 
 
 on, in Federal court for a misdemeanor the court assesses the fine, 6 C. 
 
 245. 
 in U. S. courts name of prosecutor need not be written at foot of, 6 C. 245. 
 what should be set forth in, for perjury in swearing to an answer, 2 G.579. 
 when court may award capias after an, is found, 3 H. & M. 575. 
 when court should advise prisoner to plead in abatement to, 1 V. C. 271. 
 when, lies for making fence across public road, 2 V. C. 171. 
 recording of finding of, is essential. When prisoner should be discharged, 
 
 2 V. C. 527. 
 
 whfet court must presume after verdict, 2 V. C. 297. 
 
 what, under statute as to selling liquors without license should state, 3 6. 
 562; 14 G. 674. 
 
INDICTMPJNT. 301 
 
 INDICTMENT, In General, Continued. 
 
 rule that a good count in, will sustain general verdict of guilty overi'uled, 
 
 3 G. 586. 
 proof of cutting black oak will not support, for cutting ten white oaks, 4 
 
 G. 544. 
 in, for statutory offence language of statute should he strictly followed, 5 
 
 G. 664. 
 in, for arson under 1 ii. C. ch, 160 ^4 word " hum " must be used, 5 G. 664. 
 what proof will sustain, for advising slave to escape. What evidence'in- 
 
 admissihle, 5 G. 696. 
 what verdict on, for unlawful stabbing insufficient, 5 G. 663. 
 omission to write witnesses names at foot of, no ground for quashing, 5 G. 
 
 702. 
 what, for selling liquor without a license may charge. What counts may 
 
 be joined, 5 G. 674. 
 provisos in an act must be insisted on in defence, but exceptions in enact- 
 ing part must he mentioned in, 5 G. 682. 
 what, under 1 E. C. ch. Ill ?.13 as to slaves being on defendant's premises, 
 
 need not charge, 5 G. 695. 
 what, for an attempt to commit an offence should charge, 6 G. 675. 
 motions to quash not encouraged. What proper proceedings, 6 G. 691 , 699. 
 upon a joint, against several, commonwealth may elect to try severally, 7 
 
 G. 619. 
 what, for burning at night must charge, 7 G, 619. 
 in, for forgery of negotiable note endorsements need not be set out, 7 G. 
 
 651. ■ 
 in, for malicious trespass it is error to omit words "but not feloniously," 7 
 
 G. 662. 
 may be jointly against two for selling liquors without license. Fined 
 
 separatetTi ''' G. 600. 
 when second, may be found without .another trial before examining court, 
 
 7 G. 673. 
 vrhat a sufficient entry on record of the finding of, for a misdemeanor, 8 
 
 G. 699. 
 what, under Code 1849 ch. 199 ?25 must set oat, 9 G. 738. 
 when person sent on for embezzling goods of one, may indicted for em- 
 bezzling goods of another, 8 G. 661. 
 when court will not quash some counts in, or compel prosecution to elect, 
 
 9,G. 727. 
 what, for selling by retail ardent spirits to be drunk where sold, must set 
 
 out, 11 G. 819. ' , 
 
 same defects of form in, may be taken advantage of on a general as on 
 
 special demurrer, 10 G. 708. 
 if two felonies charged in, it may be quashed, or prosecution compelled to 
 
 elect, 10 G. 708. 
 iiow death of murdered person m^ay be laid in, for murder, 21 G. 809. 
 on, for robbery prisoner may be convicted of assault and battery, 17 G. 
 
 592. 
 
302 INDICTMENT. 
 
 INDICTMENT, In Gbneeal, Continued. 
 
 what proof will sustain, for playing cards, 14 G. 582. 
 
 what the only proper endorsement on an, 20 G, 724. 
 
 endorsement on an, not necessary, 21 G. 846. 
 
 must be for same offence prisoner was examined for, 14 G. 687. 
 
 general requisites of an, for a statutory offence, 15 6. 664. 
 
 mode of stating time of offence in, does not vitiate it, 19 G. 813. 
 
 in what form, for obtaining property under false pretences may be, 20 G. 
 • 716. 
 
 when presumed that, was fouad at term requiring only a grand jury of 
 eight, 21 G. 846. 
 
 what, for having false coin must allege, 14 G. 687. 
 
 name of owner must be stated in, for larceny, 17 G. 565. 
 
 what, for omitting duty of ofSce must contain, 18 G. 915. 
 
 what, for selling goods without license, must allege, 19 G. 807. 
 
 how money described in, for obtaining it under false pretences, 20 G. 716. 
 
 every count in, must conclude " against the peace and dignify of the com- 
 monwealth," 20 G. 724. 
 
 how offence charged in,' for receiving stolen property, 21 G. 846. 
 
 what verdict may be on a common law, for murder, 14 G. 592. 
 
 what record of finding of grand jury on, surplusage, 20 G. 724. 
 
 proof of rape admissible though name in, different from that in proof, 20 
 G. 825. 
 , 'quiere, can counts for felony and misdemeanor be joined in an, 14 G. 687, 
 
 prisoner discharged from, for want of jurisdiction of court, may be tried 
 again, 20 G. 845. 
 
 what an, for felony must state, 24 G, 644. 
 
 what need not be stated in, for murder by poison, 24 G. 657. 
 
 how burning of an out house should be described in, 26 G. 943. 
 
 what necessary to state in, for selling liquors to slaves, 1 G. 553. 
 
 what need not be stated in, again.st overseers for not keeping road in re- 
 pair, 1 G. 555. 
 
 what, for retailing liquors, &c., need not state, 15 G. 664. 
 2. When good : 
 
 what a sufficient description in an, for arson, 4 C. 109. 
 
 need not show on its face when it was found, 2 V. C. 3, 483. 
 
 what caption sufficient, What error in, cured by verdict, 2 V. C. 94, 483. 
 
 when, need not state that jjiisoner was free, 2 V. C. 235, 328. 
 
 if, is enveloped in half sheet properly endorsed it is sulSicient, 2 V. C. 483. 
 
 what sufficient statement of name of county in, 8 L. 721. 
 
 defects in one count do not affect validity of others, 9 L. (>27. 
 
 mistake in date apparent on face of, cured by act of jeofails, 3 G. 620. 
 
 for larceny held good, 3 G. 565. 
 
 held to charge but one offence and to be good, 5 G. 657. 
 
 under act 1839-40 ?3 good though it did not negative exceptions and pro- 
 visos of §4, 5 G. 682. 
 
 for retailing liquors without license good, when, 6 G. 667 ; 7 G. 592. 
 
INDICTMENT. ' 303 
 
 INDICTMENT, When good, Continued. 
 
 against two good as to one only if clerk omits name of one on record, 6 G. 
 665. 
 
 what a good, for attempt to burn a barn, 6 G. 706. 
 
 for lewd and laacivious cohabitation held good, 7 G. 589. 
 
 for arson in common law form is sufficient for arson in day time, 7 Gr. 619. 
 
 what a good, for an attempt to commit a felony, 8 G. 699. 
 
 what not errors in an, for murder, 10 G. 708. 
 
 it is not error to set out dates in figures in an, 10 G. 708, 776. 
 
 what sui-plusage in, for uttering, &c., a forged note, 10 G. 776 
 
 what a good, for forgery, 11 G. 822 ; 25 G. 865. 
 
 for rape good though word " female " not used in it, 20 G. 825. 
 
 for forgery of endorsement on a negotiable note good, 13 G. 750. 
 
 what a good, for housebreaking, 17 G. 576. 
 
 what a good, for keeping an ordinary without a license, 13 G. 778. 
 
 what a good, for selling music, &c., without a license, 13 G. 789. 
 
 omission of word "deliberately" in, for murder is n t fatal, 14 G. 613. ' 
 
 what a good, for stealing bank notes, 23 G. 949. 
 
 what a good, for attempt to commit rape, 23 G. 954. 
 
 what a good, for larceny of U. S. currency, 25 G. 965. 
 
 mistake in endorsement on, does not vitiate it, 29 G. 824. 
 
 when, for a statutory offence sufficient, 29 G. 844. 
 
 what, for burning barn sufficient under Code 1873 ch. 188 g6, 30 G. 833. 
 
 what defect in count in, obviated by record that grand jury was sworn, 6 
 R. 685. 
 
 in Hustings Court of Kichmond need not state place in city where assault 
 occurred, 33 G. 807. 
 3. When bad : 
 
 defective, for perjury quashed, 1 G. 561 ; 8 G. 628. 
 
 not alleging offence was committed within jurisdiction of court, 1 V. C. 1. 
 
 what, for removing slave to another county bad, 2 G. 629; 4 L. 692. 
 
 not naming party indicted is bad, 2 L. 744. 
 
 in felony case including offences for which prisoner was not sent on, bad, 
 3 G. 586. 
 
 what, against jailer for an escape, bad, 3 G. 559. 
 
 defective for omitting ''against the peace and dignity of the Common- 
 wealth," 4 G. 546. 
 
 for a misdemeanor cannot be amended if name is wrong, 5 G. 694. 
 
 against two is good against one only if clerk omit name of one on record, 
 6 G. 665. 
 
 quashed, if it does not charge a criminal offence, 6 G. 675. 
 
 what allegation that offence was committed in the county, &c., insufficient, 
 8 G. 600. 
 
 quashed if put on the record against the wrong person, 8 G. 589. 
 
 is null if county court at which it is found consists of less than four jus- 
 tices, 13 G. 795. 
 
 what, for retailing liquor, &c., bad, 15 G. 664. 
 
304 INDICTMENT— INFANT. 
 
 INDICTMENT, When bad, Cbntinued. 
 
 only charging prisoner with stealing papers worth $110 is bad, 32 G. 866. 
 
 under Moffett Liquor Law not stating defendant was " licensed " fatally 
 defective, 33 G. 827. 
 INDORSEMENT ; see Endorsement. 
 INDOESEE ; see Endorser. 
 INDUCTION. 
 
 of clerk, in whom, J. 99. 
 INFANT ; see Children ; Guardian ; Heir ; Parent and Child. 
 
 coming of age and promising to pay a gaming debt, bound, 1 W. 296. 
 
 error to take judgment against an, whose guardian ad litem does not ap- 
 pear. What should be done, 2 C. 1. 
 
 without remedy at law may go into equity, 2 C. 70. 
 
 becoming surety on replevy bond, is not bound, 2 C. 70. 
 
 judgment of board of commissioners under land law conclusive against an, 
 plaintiff, 2 C. 440. 
 
 act for sale of lands of, not proved to have been obtained by fraud is valid, 
 4 C. 514. 
 
 if decree made against, without answer, or if no day to show cause be given , 
 it is error, 5 C. 459. 
 
 equity will appoint trustee to manage estate of, trustee named in will hav- 
 ing died, 2 H. & M. 11. 
 
 marriage settlement made by, through father or guardian, is binding, 3 
 H. & M. 399. 
 
 when possession by, of slave purchased from father, good against creditors 
 of latter, 4 H. & M. 151. 
 
 when, must have six months after coming of age to show cause againstde- 
 cree, when not, 4' H. & M. 450. 
 
 answer filed by, may be amended on motion when he comes of age, 4 H. &. 
 M. 477. 
 
 right of, to land sold for taxes as land of another, sustained against pur- 
 chaser, 1 M. 419. 
 
 when possession of slave by mother of an, considered possession of, 3 M. 
 122. 
 
 until what time executor not chargeable with interest on a legacy to, 3 M. 
 198. 
 
 interlocutory decree not reversed because no day given, defendant to show 
 cause against it after coming of age, 5 M. 467. 
 
 when, bound by suit though no guardian ad litem formally appointed, 6 M. 
 99. 
 
 when act of limitations begins to run it runs over mesne acts, as infancy, 
 &c., 6 M. 352. 
 
 until what time possession of slaves begun during infancy of plaintifiF does 
 not give a title to defendant, 6 M. 352. 
 
 submission to award byj does not bind either party, 6 M. 453. 
 
 when court of equity will direct a sale of lands of, 1 E. 396. 
 
 ofllce judgment against two defendants, one of whom is an, should be re- 
 voked as to both, 2 E. 174. 
 
INFANT. 305 
 
 INFANT, Continued. 
 when, can elect to take land devised to be sold, or its proceeds. Court can 
 
 elect for, 2 R. 404. 
 when action on promissory note of firm against adult partner only, is badly 
 
 brought, 2 E. 478. 
 when a decree is obviously for the benefit of, his rights may be absolutely 
 
 bound by it, 6 E. 594. 
 when chancery may order sale of personal property of, cestui que trust, A 
 
 L. 279. 
 indentures of apprenticeship to which, is not a party are void,, 4 L. 493. 
 in decree subjecting lands to ancestor's debts it is error not to give day to, 
 
 to show cause, after coming of age, 5 L. 119 ; 6 L. 196. 
 when and how, claiming rights of personal property may prosecute remedy 
 
 in equity, 9 L. 79. 
 infancy to be available against act of limitations must have existed when 
 
 right of action accrued, 9 L. 495. 
 question as to whether court can sell real estate of, because it will be for 
 
 his advantage, examined, 10 L. 406. 
 may enlist in U.'S. army without consent of parent or guardian, and is 
 
 bound to serve, 3 G. 387 ; 4 G. 41. 
 when marriage articles made by, feme enforced. If made by her guardian, 
 
 invalid, 5 G. 414. 
 feme may after coming of age ratify marriage articles made by her guar- 
 dian, 5 G. 414. 
 equity can sell lands of, unless will prohibits sale. Gaurdian ad litem may 
 
 in such case be appointed at rules, 6 G. 339. 
 not necessary in decree for sale of laind to direct guardian to give security 
 
 under §20, 1 E. C, ch. 108, 6 G. 339. 
 by his next Iriend, may by bill in chancery call his acting guardian or any 
 
 preceding guardian, to account, 6 G, 301. 
 habeas corpus may be brought in name of, by his next ftiend. Who enti- 
 tled to custody of, 9 G. 102. 
 1 E. C. ch. 96 §20 and Sup. E. C. ch, 149 §2 as to sale of lands, construed. 
 
 Proceedings, &c., 10 G. 594. 
 when defendant bound by a judgment though an, when suit was brought 
 
 11 G. 99. 
 how, affected by statute of limitations applying to remedies for the recov- 
 ery of land, 11 G. 505. 
 when father allowed for support of child from latter's property, when not, 
 
 15 G. 513. 
 when and how father may release all claim to services of his child, 17 G. 
 
 503, 
 when sale of land of, nqt set aside for irregularity, 12 G. 479 ; 15 G. 551. 
 when court may assure title of purchaser against claim ot^ 13 G. 195. 
 when court will pass titte to lands of, though proceedings did not conform 
 
 to the statute, 14 G. 102. 
 a bond for title given by an, is voidable, not void, 15 G. 329. 
 what avoids a voidable act of an; effect of avoiding it, 15 G. 329. 
 
 39 
 
306 INFANT— INFORMATION. 
 
 INFANT, Oontinued. 
 
 right of, to show cause after coming of age against decree affecting him, 21 
 G. 636. 
 
 sale of property of, made by court sustained, though objected to by, after 
 coming of age, 21 6. 636. 
 
 how suit may be revived in name of, heir, 22 G. 493. 
 
 how the proceeds of real estate of, descended in this case, 23 G. 444. 
 
 chancery courts have power to appoint guardian to an, 24 G 302. 
 
 duty of purchaser of lands of, sold under decree of court, 24 G. 302. 
 
 as to sale of lands of, in suit for partition, 26 G. 500, 517. 
 
 guardian of, may bring a suit for partition, 26 G. 517. 
 
 is as much bound by a decree against him as an adult, when, 26 G. 517. 
 
 for what errors sale of lands of, will be set aside, 26 G. 517. 
 
 when deed of, married woman may be set aside by her. "What she must 
 refund, 27 G. 857. 
 
 upon what terms contract of an, may be avoided by him, 27 G. 857. 
 
 when court will remove guardian of, and appoint a receiver. Duty of such 
 guardian, 27 G. 6S1. 
 
 when guardian allowed for principal of estate of, expended by him, 27 G. 
 849. 
 
 as to sale of land of. and removal of proceeds to another State, 29 G. 112. 
 
 when decree in favor of infants binding on them and proper, 30 G. 461. 
 
 error to decree sale of lands of, without an answer filed by guardian ad 
 litem, 33 G. 548. 
 INFOEMATION ; see Criminal Jurisdiction and Proceedings ; Indictment ; Pre- 
 sentment. 
 
 for bribery at election should state election held and vote given thereat, 2 
 W. 88. 
 
 justice may be removed, &c., for misbehavior on an, 4 H. & M. 522. 
 
 penalty on tavern keepers for allowing faro could not be recovered by, 1 
 V. C. 133. * 
 
 qui tarn does not lie for penalty for obstructing public highway, 1 V. C. 267. 
 
 what, for contempt of court and preventing attendance of witness, suflBi- 
 cient, 2 V. 0. 1. 
 
 when judgment not arrested for variance between presentment and, 2 V. 
 C. 76. 
 
 when, for an assault and battery may be dispensed with, 5 L. 743. 
 
 an, is requisite to suspend an attorney's license foi mal-practiee, 6 L. 619. 
 
 for carrying off line tree held defective, 8 L. 719. 
 
 a felony cannot be prosecuted by, 9 L. 665. 
 
 how variance between presentment and, availed of, 2 G. 555 
 
 when may be amended. When not, 4 G. 554.- 
 
 qusere, can defendant move to quash presentment after, filed, 5 G. 697. 
 
 if indictment was quashed because grand juror not a freeholder, that is no 
 
 ^ cause for a rule to show cause why an, should not be filed, 6 G. 668. 
 
 when an amendment allowed to, for perjury, 6 G. 699. 
 
 may he jointly against two for selling liquor vrithout license. Fined sep- 
 arately, 7 G. 600. 
 
INFOEMATION— INJUNCTION. 307 
 
 INFORMATION, Continued. 
 
 what no reason against granting leave to file an, 7 6. 631. 
 
 presentment is a good foundation for an, when, 7 G. 631 f 13 G. 785. 
 
 party waiving filing of, in lower court cannot complain in appellate court, 
 33 G. 443. 
 INJUNCTION; see EquUy. 
 
 1. In General. 
 
 2. Granting of. 
 
 3. Bond. 
 
 4. Dissolution of. 
 
 5. Peactice. 
 
 1. In General: 
 
 qniere, is a decree dissolving an, with costs a final decree, 2 W. 200. 
 
 when, if, issue to stay proceedings forthcoming bond forfeited. When not, 
 2 C. 213. 
 
 act January 20, 1804, as to dismissing bills of, only applies to bills filed 
 after it took efiiect, 1 H. & M. 205. 
 
 to sale of property by trustees no bar to suit by them at law to recover it, 
 10 G. 560. 
 
 defendant claiming credit for money paid sheriff on execution is not en- 
 titled to an ; his remedy, 10 G. 228 ; 11 G. 625. 
 
 against a judgment sustained. Equities in this case, Wy. 195. 
 
 2. Granting of : 
 
 granted against judgment in slander because verdict found under a mis- 
 take, 1 W. 79 ; see Wy. 133. 
 
 to suspend action for breach of contract until a tort is tried, refused, 3 C. 
 502. 
 
 may be granted to stay waste though statute gives a remedy at law, 1 H. 
 & M; 18, 
 
 superior courts of chancery have jurisdiction to grant, to jvidgments of 
 all courts held within their districts, 1 H. & M. 499. 
 
 after verdict for plaintiff and refusal to grant a new trial, equity should in- 
 terfere cautiously by, 1 H. & M. ^85. 
 
 when, to stay waste granted against vendee of land. When refused, 2 H. 
 & M. 25. 
 
 may be granted after issue joined at law and before judgment, when, 4 
 H. & M. 246. 
 
 to stay waste denied in this case, 4 Ii[. & M. 424. 
 
 when refused in case of a nuisance, 4 H. & M. 474. ^ 
 
 not granted to stay suit against sheriff for selling property under execu- 
 tion, 4 H. & M. 506. 
 
 judge of Court of Appeals can grant, refused by judge of lower court, 2 M. 
 423; lEob. 206. 
 
 when premature suit on bond for purchase money of land restrained by, 3 
 M. 54. 
 
 person claiming slave may get, to prevent his sale under execution, 3 M. 99. 
 
 other remedies do not exclude, to sale tfnder execution, 3 M. 559. 
 
308 INJUNCTION. 
 
 INJUNCTION, GrEANTiNG OP, Continued. 
 
 when surety of purchaser not entitled to, because latter did not appeal 
 
 from dissolution of an, granted him, 4 M. 324. i 
 
 illegal to grant an, until answer filed and then that it shall stand dissolved 
 
 without a rule nisi, 4 M. 324. 
 granted to stop sale of slaves specifically bequeathed under afi.fa. against 
 
 estate of testator, 5 M. 103. 
 what sufficient ground for a perpetual, to a judgment in slander, 5 M. 466. 
 when covenantor compelled by, to remove obstructions in streets, &c., 6 
 
 M. 306. 
 sherifi^ relieved by, from suit against him for not returning an execution, 6 
 
 M. 557 ; Wy. 328. 
 county court cannot grant, to judgment of superior court, 1 V. C. 269. 
 granted against a judgment in trespass, when, 2 E. 114. 
 not granted without security except in case of fiduciaries, 2 E. 247. 
 person not a party cannot get, to judgment but may to execution, 3 E. 501. 
 refused and party left to legal remedy, 3 E. 586. , 
 when equity will interfere with debtor's disposition of his property, 6 E. 
 
 188. 
 owner of slave can get, to prevent sale under fi. fa. against a third party, 
 
 when, 6E. 506;4L.346. ' 
 
 on what condition, awarded defendant to stay proceedings at law, 1 L. 96. 
 refused defendant who failed to prove his defence at law, 2 L. 334. 
 refused executor to restrain life tenant from moving slaves from State, 2 
 
 L. 484. 
 refused to restrain proceedings under execution and forthcoming bond, 2 
 
 L. 576. 
 refused to prohibit overseers of poor from selliig glebe lands, 3 L. 1. 
 granted to restrain execution though party had a remedy at law, 3 L. 85. 
 granted to prevent rebuilding of a dam, when, 4 L. 569. 
 granted for vendee of land for deficiency in it and where title defective, 5 
 
 L. S9, 606. 
 granted to sale under trust deed for purchase money, title being defective, 
 
 5 L. 460. 
 
 granted to sale by creditor of intestate under ^. fa. against administrator, 
 
 6 L. 189. 
 
 ■ granted to restrain proceedings on a decree obtained by surprise, 8 L. 114. 
 
 when defect of title no ground for, against collection of purchase money, 
 9 L. 556. , 
 
 jurisdiction as to, given judge by Sup. E. C. ch. 109 J41, 10 L. 655. 
 
 granted to a judgment obtained by surprise, 11 L. 227. 
 
 granted to protect vendor's lien on land and chattels sold for sum in gross, 
 11 L. 559. 
 
 granted to protect a prospective right to freedom, 11 L. 616. 
 
 when not granted against Jas. Eiv. & Kan. Co., 12 L. 278. 
 
 granted surety on bond given by distributee for purchases at sale by exec- 
 utor, to stop sale of slaves of distributee, 2 Bob. 628. 
 
 granted to stop payment of, or sale under, a usurious contract, 2 G. 325. 
 
INJUNCTION. 309 
 
 INJUNCTION, GuANTiNG of, Continued. 
 
 granted to restrain collection of purchase money until extent of iueum- 
 brances on land ascertained, 4 G. 68. 
 
 fraud in maker of note does not entitle surety to, against innocent payee 
 or holder to stop its collection, when, 4 G, 46. 
 
 granted to restrain administrator from selling land until matters of con- 
 troversy between him and devisee decided, 7 G. 1. 
 
 granted to judgment for mistake of jury ascertained by after discovered 
 evidence, 6 G. 50. 
 
 granted against "execution for judgment debtor getting discharge in bank- 
 ruptcy subsequent to judgment, 6 G. 64. 
 
 granted restrainirig vendor from shutting up an alley, 2 M. 468. 
 
 granted to judgment, for mistake in contract on which it is founded, 6 G. 
 350. 
 
 granted to restrain collection of purchase money, title being defective, 7 
 G. 399. 
 
 not granted to judgment to allow defendant to file off-sets 9 G. 379. 
 
 refused, by judge of lower court and one judge of Court of Appeals, may 
 be granted by another judge of latter court, 10 G. 211. 
 
 granted to restrain party claiming land from taking iron ore therefrom, 10 
 G. 386. 
 
 not sustained because defendant made no defence at law through ignorance 
 or misapprehension, 10 G . 506. 
 
 granted plaintiff in equity attachment to stop sale under attachments at 
 law, 10 G. 284. 
 
 when purchaser of land cannot enjoin collection of purchase money, 10 
 G. 575. 
 
 granted to enjoin building a dike along a stream, -12 G. 322. 
 
 granted against executor having power to sell, when. When not, 14 G. 540. 
 
 granted to stop a sale if there is a cloud on the title, 18 G. 651. 
 
 not granted to restrain directors of railroad, when, 18 G. 819. 
 
 not granted to restrain sale under a deed of trust, when, 21 G. 521. 
 
 granted to stop sale under trust deed, amount of the debt being uncertain, 
 20 G. 244. 
 
 granted to judgment, when, 22 G. 136 ; 1 P. & H. 43. 
 
 granted to restrain tovra from moving buildings said to be in street, 25 G. 
 825. 
 
 granted surety against a sale under execution, when, 26 G. 612. 
 
 as to relief against penalties by, Wy. 114. 
 
 granted to a judgment until right application of payments settled, Wy. 73. 
 
 granted against judgment for purchase ■ money of slaves because of by- 
 bidding, Wy. 354. 
 
 granted to stop sale of slave of decedent's estate, when. When not, 2 P. 
 & H. 579. 
 
 granted against judgment because sureties on bond released by contract 
 for forbearance, 2 P. &H. 504. 
 
 not granted to judgment entered by consent under mistake of law as to 
 right of appeal, 2 P. & H. 327. 
 
310 INJUNCTION. 
 
 INJUNCTION, Gbanting of, Continued. 
 -when equity will not enjoin a judgment, 1 P. & H. 141 ; 13 G. 511. 
 when plaintiff asking an, not compelled to confess judgment at law, 29 
 G. 330. r 
 
 3. Bond: 
 
 new security on, required if old insufficient, 1 H. & M. 1. 
 
 when executors need not give bond on obtaining an, 1 H. & M. 15. 
 
 surety in, not liable for costs and damages accrueing on appeal to a supe- 
 rior court, 3 M. 330. 
 
 surety on, stUl bound if injunction dissolved on condition not complied 
 with, 3 M. 251. 
 
 to what judgment plaintiff entitled in this suit on, 6 M. 36. 
 
 what necessary before court can vacate, 6 M. 245. 
 
 not strictly pursuing statute stUl good as a statutory bond, 7 L. 68. 
 
 action lies on, whether injunction wholly, or Only partly, dissolved, 7 L. 
 68. 
 
 what is evidence in suit on, 7 L. 68. 
 
 held to be in compliance with statute, 27 G. 676. 
 
 mistake in, supplied. What a valid execution of an, 27 G. 676. 
 
 when obligors in, estopped to say it was executed on condition, 27 G. 676. 
 
 obligors in, caimot complain that it does not bind them to pay costs, 5 G. 
 132. 
 
 action may be brought on, before dismission of bill of iojunction made at 
 rules is confirmed by court, 9 G. 89. 
 
 4. Dissolution of : 
 
 abated by death of defendant is dissolved unless suit revived against his 
 
 representatives, 1 H. & M. 1, 204. 
 if motion to dissolve is not made until the hearing, such hearing is final, 1 
 
 H. & M. 7. 
 motion to dissolve should only be continued from great necessity, 1 H. & 
 
 M.7. 
 dissolved on death of plaintiff unless suit is revived, 1 H. & M. 203. 
 when chancellor dismisses bill on, it is error, 4 H. & M. 159. 
 awarded until filing of answer, is dissolved when answer is filed, without 
 
 a motion, 4 H. & M. 481; see 4 M. 324. 
 after bill of, is"taken for confessed, motion to discharge, as improvidently 
 
 granted will not be received, 4 H. & M. 483. 
 dissolved unless bill amended and new psCrty made, when, 4 H. & M. 483. 
 when court vrill not only dissolve, but will decree plaintiff to pay money, 
 
 1 M. 447. 
 against judgment for purchase money should not be dissolved until vendor 
 
 •tender a good deed, 2 M. 179. 
 appeal from order dissolving, could not be taken under ?3 act Jan. 20, 
 
 1804, 3 M. 88. 
 if after, is dissolved cause is set for hearing on defendant's motion, he can- 
 not claim that bill should have been dismissed, 3 M. 112. 
 cause retained to relieve obligor against assignor though, dissolved as to 
 
 assignee, 6 M. 207. 
 
INJUNCTION. 311 
 
 INJUNCTION, Dissolution op, Continued. 
 
 dissolved because unsujiported by evidence, 6 M. 472. 
 
 person getting, to judgment against himself as administrator must show 
 he is a creditm or, ■will b^ dissolved, 2 E. 183. 
 
 what required of defendant who moves to dissolve an, 4 E. 1. 
 
 dissolved when deed tendered plaintiff or filed, when, 4 E. 51. 
 
 proceedings in this case erroneous. When, stands dissolved unless suit re- 
 vived, 4 E. 195. 
 
 awarded until answer filed, is not dissolved by filing of answer, 5 R. 332. 
 
 a dissolved injunction is revived by an appeal, 5 B. 332. 
 
 irregular to dissolve, in court with direction that order shall not go out, 
 and then in vacation to direct it to go out, 6 E. 194. 
 
 material fact not denied by answer is taken to be true on motion to dis- 
 solve, 6 E. 194. 
 
 when, ordered on a bill of discovery should be dissolved, 6 E. 519. 
 
 objection that bill is multifarious cannot be made on motion to dissolve, 
 6 E. 764. 
 
 order to dissolve, in this case erroneous, 2 L. 145. 
 
 when execution may issue on judgment before decree affirming order dis- 
 solving, against it is entered, 4 L 145. 
 
 1 E. C. ch. 66 ?60 as to dissolution of, does not apply if bill seeks other re- 
 lief, 5 L. 324. 
 
 how damages ascertained on, against k judgment, 6 L. 581 . 
 
 what decree improper if judgment creditor dies pending, against the judg- 
 ment, 1 Eob. 63. 
 
 relief against damages accrued on dissolution of former, 1 Eob. 448. 
 
 against judgment dissolved, as party should have made defence at law, 2 
 Eob. 192. 
 
 appeal lies to Court of Appeals from order of circuit couxt overruling a mo- 
 tion to dissolve, an, improvidently awarded, 2 R. 247 ; 2 Eob. 500. 
 
 dissolved, plaintiff having one witness only and no corroborating circum- 
 stances, 2 Bob. 719. 
 
 when a motion to dissolve should be continued, 2 Gr. 231. 
 
 damages allowed if, is dissolved and on appeal decree is affirmed, 5 Gr.l93. 
 
 on motion to dissolve before answer filed, allegations of bill are taken to 
 be true, 6 G-. 64. 
 
 dissolved, biU not showing any equity on its face, 9 G. 40. 
 
 error to dissolve, in this case before final hearing, 7 G. 346. 
 
 dissolved, vendor removing incumlbrances and procuring title, 9 G. 336 ; 10 
 G. 138, 211. 
 
 damages on dissolution of, to a judgment become part of it and are em- 
 braced in its lien, 10 G. 612. 
 
 when absence of foreign corporation, defendant, no ground for refusing to 
 dissolve, 13 G.,40. 
 
 what damages found against person not a party to a judgment who enjoins 
 it upon dissolution of, 15 G. 518. 
 
 as to recovery of damages when, dissolved, if bond is too small, 15 G. 518. 
 
312 INJUNCTION. 
 
 INJUNCTION, Dissolution of, Continued. 
 
 when judge may dissolve, in cause removed from one court to another, 21 
 
 G. 521. • 
 
 to sale under trust deed should not be dissolved until. amount of debt is 
 
 ascertained, 22 G. 233. 
 award held invalid and, depending on it dissolved, 27 G. 571. 
 when answer denies all statements of bill court will dissolve, and dismiss 
 
 bill or order sale, 30 G. 244. 
 5. Pbactice: 
 court of equity -can always reinstate as well as grant an, 1 H. & M. 7. 
 complainant should be ready to prove allegations of bill of, before answer 
 
 filed, 1 H. & M. 7. 
 bill may be demurred to if, granted on ground that plaintiff at law was 
 
 dead when judgment was rendered, 1 H. & M. 206. 
 in bill for, where relief lies at law plaintiff must state why he made no 
 
 defence there, 4 H. & M. 423. 
 in favor of personal representative on ground of deficiency of assets should 
 
 be only until assets come into his hands, 4 H. & M. 460. 
 how decree perpetuating an, extended, 6 M. 418. 
 cannot be perpetuated against a party without having him before the 
 
 court, 4 E. 336. 
 when perpetuated as to part of debt paid pending the bill for the, 1 L. 80. 
 order reinstating, not an interlocutory decree from which an appeal lies, 2 
 
 H. & M. 615. 
 application to reinstate, may be to judge of Court of Appeals on refusal of 
 
 chancellor to reinstate it, 1 R. 414; 6 R. 519. 
 in this case reinstated, 5 L. 146. 
 judges of superior courts of chancery canuot grant appeals from order 
 
 dissolving an, 4 M. 323. 
 what security required on appeal from order dissolving, 4 R. 384, 564. 
 costs should not be taxed on a motion to dissolve, 2 H. & M. 7. 
 when though relief granted by, it should be at costs of applicant, 4 H. & 
 
 M 427. 
 when, is perpetuated in part complainant ought not generally to pay costs, 
 
 2 M. 289. 
 compelled, however, to pay costs in this case, 5 L. 359 
 when on bill to enjoin judgment on gambling debt court should continue, 
 
 and direct an issue, 5 G. 354 
 when vendee getting, who could have had relief in another suit, not al- 
 lowed costs, 9 G. 336. 
 what necessary in a bill for an, to a judgment, 10 G. 506. 
 when bill to enjoin execution must be filed in county where judgment was 
 
 recovered, 11 G. 625. 
 when objections to jurisdiction of bill for an, may be taken at the hearing, 
 
 11 G. 625. 
 pend(?ncy of, to judgment will not prevent its revival on death of either 
 
 party, 11 G. 190. 
 
INJUNCTION— INQUISITION. ' 313 
 
 1 
 INJUNCTION, DissoLtJiiON op, Continued. 
 
 in such case the, prevents execution on the judgment on the sci.fa., 11 G. 
 
 , 190. 
 
 when it is irregular to apply for a second, 2 H. & M. 22. 
 
 when no appeal lies from order overruling motion to dissolve, 13 6. 40. 
 
 when defendant may file answer in vacation and move to dissolve, 14 6. 
 102. 
 
 from what court injunction to stop sale of land should issue, 20 G 686. 
 
 Code 1860 eh. 179 §4 applies only to a pure bill of, 21 G. 521. 
 
 when defendant to bill of, cannot object to jurisdiction of court, 21 G. 521. 
 
 on a pure bill of, decree for account of profits cannot bemade, 25 G. 300. 
 
 proceedings in equity on bill by defendant at law for, to stay action at 
 law, 25' G. 575. 
 
 perpetuated against judgment in detinue for slaves lost by plaintiff in an 
 arbitration, Wy. 123. ' 
 
 on what terms plaintiff in bill for, to judgment againt assignor and as- 
 signee entitled to decree against former, 9 G. 54. 
 
 how court may proceed if sale under a deed of trust enjoined, 24 G. 272. 
 
 proceedings on bill for, against proceedings at law, 31 G. 212. 
 
 defendant need not plead equitable set-off at law but may get an, against 
 the judgment, 2 P. & H. 178. 
 
 INJURY ; see Qarrier ; Case ; Damages ; Insurance ; Bailroad Company ; 
 
 party cannot change drain so as to injure neighbor's land, 13 G. 564. 
 IN PARI DELICTO. 
 
 to what cases principle does not apply, 1 E. 76 ; 4 E. 368. 
 INQUISITION; see Ad Quod Damnum; Will. 
 
 when party precluded from saying he was not legally summoned, 4 H. & 
 M. 1. 
 
 when not sufficient to set aside verdict in, in a will case, 1 E. 262 ; 4 H. 
 & M. 1 ; 1 Eob. 468. 
 
 when date to, not essential, j: M. 535. 
 
 held sufficient in this case, 11 L. 532. 
 
 what, under ?15 of act incorporating Chesapeake and Ohio Canal Com- 
 pany 'should state. "When court may quash, 2 G. 511. 
 
 when court should quash, in a mill case, 2 G. 528. 
 
 when writ and, are a part of the record though no bill of exceptions is 
 taken, 5 G. 1. 
 
 in whose name motion to quash writ and, must be, 5 G. 1. 
 
 what sufficiently specific, under act authorizing Upper Appomattox Com- 
 pany to enlarge its stock, 5 G. 332. 
 
 signer of petition to legislature to establish a ferry not incompetent to act 
 on jury of inquest, 7 G. 205. 
 
 what a sufficient, on application to build a mUl, 9 G. 94. 
 
 when jury should specify height of proposed dam in their, 9.G- 94. 
 
 40 
 
314 INSANITY— INSOLVENT DEBTOE. 
 
 INSANITY ; see Criminal Jurisdiction and Froceedings; Idiot; Lunatic- 
 
 not sufficient to avoid contracts ; may be ground for relief against judg- 
 ments, 6 C. 279. 
 
 when, sufficient ground for injunction to judgment for slander, 5 M. 466. 
 
 quxre, as to reviving suit against committee of insane person, 6 M. 218. 
 
 when, good defence to a charge of crime, 20 G. 860. 
 
 what testimony chiefly relied on when deed sougTit to he set aside for, of 
 maker, 20 G. 147. 
 
 what evidence of, proper, 2 V. C. 132. 
 
 upon plea of "not guilty" prisoner may set up, at time assault was made, ' 
 33 G. 807./ 
 
 burden of proof is on prisoner who sets up defense of, 33 G. 807. 
 
 INSOLVENT DEBTOE ; see Bankrupt. 
 
 property acquired after discharge not exempt from debts, 1 W. 196. 
 
 unless debtor insolvent, jailer cannot demand prison fees from any one , 
 else, 1 C. 540. ■ 
 
 in what order debts against, who is living should be paid, 3 C. 329. 
 
 creditor who has decree for his lien on specific fund, does not acquire lien 
 on general fund, 1 H. & M. 12. 
 
 when creciitor of insolvent must give security for prison fees, 1 M. 76. 
 
 sergeant of a corporation cannot sue for money due an, 3 M. 115. 
 
 when person imprisoned for a fine could not discharge himself by taking 
 oath of insolvency, 10 C. l.SB. 
 
 taking a false oath under insolvent debtor's act, is perjury at common law, 
 1 V. C. 181. 
 
 after act of 1794 person taking the oath before the county court not guilty 
 of peijury, 1 V. C. 266. 
 
 when, exonerated from liability on judgment for fine, 2 V. C. 494. ^ 
 
 when debtor takes insolvent's oath and delivers schedule, sheriff is vested 
 with all his estate, 6 E. 735. 
 
 when sheriff can sell estate of, when not. Sheriif is a trustee, 6 E. 735. 
 
 what sufficient description in deed of sheriff to pass property of, 6 E. 736. 
 
 county court or justices to whom, applies, bound to administer oath of in- 
 solvency, 2 L, 764. 
 
 mandamus lies to compel them if they reftise, 2 L. 764. 
 
 what conclusive evidence of insolvency of obligors in action between as- 
 signees and assignors of bond, 4 L. 590. 
 
 what competent evidence to prove insolvency of obligors in such case, 4 
 L. 590. 
 
 no account of administration on estate of, surety of a personal representa- 
 tive, necessary previous to decree against solvent sureties, 5 L. 13. 
 
 it seems sale by sheriff of interest of, in real estate under 1 E. C. eh. 134, 
 ?34 is within the statute of frauds, 6 L. 16. 
 
 beneficial interest in estate of, is in judgment creditor to amount of his 
 
 , debt, 7 L. 720. 
 . cancellation of deed given him does not divest title of, 10 L. 57. 
 
INSOLVENT DEBTOR— INSTEUCTION. 315 
 
 INSOLVENT DEBTOR, Continued. 
 has no action against sheriff for selling equity of redemption in slaves in 
 
 this case, 12 L. 508. 
 sale by sheriff of equity of redemption of, in land is legal, 2 G. 231. 
 when equity will pursue avails of lahor of, into hands of other persons, 1 
 
 G. 416. 
 when the property of, vests in the sheriff. His powers. "When he cannot 
 
 sell, 7 G. 26. 
 in whom real estate vests if it lies in several counties. Who can sell it, 7 
 
 G. 26. 
 who necessary parties to bill to set aside fraudulent conveyances made 
 
 by, 7 G. 26. 
 what arrangement of property by, fraudulent as to creditors so as to vest it 
 
 in sheriff,, 11 G. 99. 
 when sheriff may recover property of, which was never in his possession, 
 
 11 G. 99. 
 what property given in trust by a testator for his son," subject to his son's 
 
 debts and vests in sheriff, 11 G. 348. 
 discharge pf plaintiff under insolvent act no bar to continuation of suit, 17 
 
 G. 472. 
 meaning of word " insolvency " in ?20, act of March 29, 1837, 13 G. 683. 
 sale by sheriff of land of, pending suit as to validity of incumbrances, set 
 
 aside, 2 P. & H. 676. 
 when equity will give all the creditors of an, benefit of a deed signed by 
 
 one for all, 8 G. 457. 
 INSPECTOES. 
 delivering tobacco on counterfeit notes, liable to holder of real notes, 1 W. 
 
 217. 
 what allowed for laborers kept by order'of court, 1 H. & M. 479. 
 when commonwealth not liable for tobacco used by, 2 H. & M. 213. 
 suit may be on bond of, in name of governor for benefit of person injured 
 
 by non-delivery of tobacco, 2 H. & M. 566. 
 when one inspector may sue on official bond of another, 4 M. 263, 
 Code 1860, ch. 88, as to, of flour construed, 15 G. 457. 
 INSTRUCTION; see Appeal; Jury; Trial. 
 when exceptions to, should be stated, 1 W. 4. 
 court cannot instruct jury as to weight of evidence, 1 W. 203, 
 court may grant new trial if jury find against, 1 W. 217. 
 court should instruct jury not to regard evidence of witness fixing fraud 
 
 on himself, 2 "W..146. 
 either party may demand, as to a point of law, 2 W. 255. 
 when party getting opinion of court by, cannot afterwards except, 1 C. 123. 
 judgment if right wUl \)e affirmed though court gave erroneous, 1 C. 127. 
 when proof of handwriting and death of subscribing witness sufficient to 
 
 submit case to jury, 1 C. 561. 
 court cannot be asked to instruct jury to fiind for defendant though evi- 
 dence does not a»thori^e verdict for the plaintiff, 3 C. 514, 
 
316 INSTRUCTION. 
 
 INSTETTCTION, Continued. 
 
 if court on refusing, give opinion as to a single point, it is not improper, 3 
 
 C. 201. 
 qtjiestion as to what passes by a written instrument should be decided by 
 
 the court, 3 C. 239. 
 in action on bond court may instruct jury in regard to interest. 6 C. 16. 
 judgment for plaintiff should not be reversed because court at defendant's 
 
 instance gave erroneous, 1 H. & M. 450. 
 which does not leave weight of evidence wholly to jury is erroneous, 1 H. 
 
 & M. 563. 
 judgment not reversed for erroneous, unless party appealing could be in- 
 jured thereby, 2 H. & M. 55. 
 if depositions contain exceptionable matter, court should be asked for, to 
 
 jury to that effect, 4 H. & M. 82. 
 court not bound to give, on general propositions, but only on actual case 
 
 before it, 4 H. & M. 82. 
 when point on which court asked to give, not considered an abstract ques- 
 tion, 3 M. 191. 
 will be given that a marked line will prevail over an unmarked one, 4 H. 
 
 & M. 125. 
 where evidence is admissible but contradictory, it should be left to the 
 
 jury without, 2 M. 478. 
 what a proper and what an improper, in this case, 3 M. 81 . 
 when, should be that possession of slaves was not adverse, 4 M. 145. 
 that party "was a fair purchaser for valuable consideration " erroneous, 4 
 
 M. 373. 
 it is error in court to refuse to instruct jury after being sworn and before 
 
 evidence introduced, to render a special verdict, 6 M. 227. 
 as to surveys held correct, 6 M. 271, 
 what, should be, in debt on proinissory note, after twenty years from time 
 
 of its^maturity, 6 M. 532. 
 what, erroneous in suit by father for loss of service of daughter who was 
 
 debauched, 6 M. 587. 
 what, should be in trespass for destroying a mill dam, 6 M. 308, 
 when, should be that deed was not a performance of condition of bond 
 
 sued on, 6 M. 394. 
 parties may demand, within proper limits. Court may refuse, if asked 
 
 on points of fact and law, 3 E. 106. 
 that facts proven are not conclusive evidence, is not an instruction as to 
 
 weight of evidence, 4 R. 256. 
 will not be reversed if right, though a wrong reason assigned, 4 E. 423. 
 should not involve matters of fact as well as law, 4 E. 463. 
 party asking, as to law should specify the points and not ask, generally, 4 
 
 E. 600. 
 court cannot be asked to give, on an abstract point of law, 5 R. 31. 
 it is error to instruct jury on sufficiency of evidence to maintain the issue. 
 
 3 G. 333. 
 
 court will not reverae judgment because of, as to an immaterial point, 3 
 G. 121. ^ ' 
 
INSTRUCTION. 317 
 
 INSTRUCTION, Continued. 
 
 when in joint action of trepass against several it is error to give, that jury 
 
 may sever in damages, 5 6. 90. 
 given on one trial not given to jury at another unless asked for by one of 
 
 the parties, 5 G. 90. 
 being erroneous, appellate court cannot consider vfhether judgment was 
 
 right notwithstanding, but must reverse the judgment and give new 
 
 trial, 6 G. 277. 
 if, propounds law correctly and there is evidence tending to prove case 
 
 supposed, they must be given, 9 G. 485 ; 11 G. 697. 
 when not relevant to evidence or only to written evidence which does not 
 
 authorize them, refused, '10 G. 1. 
 when party entitled in ejectment to, to jury to disregard all parol evidence 
 
 of adversary possession, 10 G. 236. 
 it is error to give, on abstract questions which may mislead the jury, 10 
 
 G. 236. 
 what an erroneous, if evidence of adversary possession is disregarded, 10 
 
 G. 236. 
 which could not be injurious to party excepting on his statement of the 
 
 evidence no cause for reversing judgment, 11 G. 87. 
 court may refuse to give, obscurely expressed, 11 G. 572, 587. 
 when court may refuse, without stating what evidence is legal and what 
 
 illegal, 11 G. 587. i 
 
 refused if obscure ; or asks court to decide, faets ; or is irrelevent or not ap- 
 plicable, 11 G. 587. 
 what exception to refusal to grant, must state, 11 G. 300. 
 if erroneous, judgment will be reversed, 26 G. 585. 
 not founded on the evidence properly refused, 26 G. 585 ; 28 G. 750. 
 when court should modify, and give it, 29 G. 192. 
 what not improper, in a trial for larceny, 4 G. 525. 
 court having given oral, not bound to recall jury to reduce it to writing, 
 
 4 G. 525. 
 what, given juiy upon a particular point asked for by them no ground for 
 
 setting aside verdict, 7 G. 651. 
 counsel cannot argue against, of court, 1 L. 588. 
 
 court may instruct jury though it be not asked to do so, 4 L. 689 ; 9 L. 678. 
 law does not prescribe wJien, must be given. What, held erroneous in mur- 
 der case, 9 L. 678. 
 objection to, must be stated when it is given, 14 G. 613. 
 what, in case of probate not objectionable, 12 G. 252. 
 that pendency of injunction repelled legal presumption of payment is 
 
 proper, 12 G. 579. 
 when best to give evidence in, 13 G. 1. 
 what, not a decision upon the weight of evidence, 14 G. 1. 
 when, doubtful in its meaning should be given. When not, 14 G. 447. 
 it is error to refuse to give a proper, 14 G. 447. 
 when error to substitute one, for another, 14 G. 478. 
 giving or refusing, is in the discretion of the judge, 14 G. 447. 
 
318 INSTRUCTION— IN8UKANCE. 
 
 INSTRUCTION, Continued. 
 
 which may mislead jury should not be given, 5 G. 230 ; 20 G. 860. 
 counsel cannot argue against, in a civil suit, 15 G. 457. 
 what court shotild do if, embrace distinct matters, 17 G. 472. 
 what court should do if, not wholly correct, 17 G. 472. 
 court not bound to give, or modify, unless asked, 18 G. 785. 
 what, proper in suit on Confederate contract, 23 G. 534. 
 what court should do if, equivocal, 18 G. 1, 801. 
 
 cause not reversed for refusal of court to give, as plaintiff entitled to re- 
 cover, 24 G. 536. 
 which in part is not based on any evidence before the jury, is erroneous, 
 
 26 G. 585. 
 if, is erroneous appellate court must order a new trial, 26 G. 585. 
 what, on question as to knowledge of dissolution of a firm erroneous, 25 
 
 G. 321. 
 If counsel represent, erroneously court should correct him, 25 G. 865. 
 not founded on the evidence properly refused, 28 G. 750. 
 when, as to presumption of fact erroneous, 28 G. 800. 
 court need not instruct generally on law of the case, 29 G. 192. 
 if, not excepted to, it is no ground for a new trial, 31 G. 469. 
 INSURANCE, 
 what a deviation from voyage within policy of marine, 1 M. 408. 
 when purchase by the insured does not take away his right to the, GiL 16. 
 transferree of insured property liable for quotas under §8, act 1794, 1 V. 
 
 C. 170. 
 carpenter building a house not bound to insure it, except by special con- 
 tract, 7 L. 1. 
 right of tenant for life to, money, &c., 10 L. 536. 
 when vendor can collect money though he has agreed to assign policy, 11 
 
 L. 354. 
 when may be applied to repair of building by life tenant or reversioner, 2 
 
 G. 408. 
 on house held to belong to the heir, 4 L 371. 
 how policies of, are to be construed, 17 G. 138. 
 company can only require a substantial performance of a condition of the 
 
 policy, 20 G. 312. 
 what a waiver of further proof, &c., by the company, 20 G. 312. 
 effect of war on policy. Company held bound in this case, 20 G. 614. 
 when insurer liable though property insured captured, 17 G. 138. 
 bonds deposited by foreign company cannot be attached in treasurer's 
 
 hands by foreign creditor, 23 G. 509. 
 policies not abrogated but only suspended during war, 24 6. 497, 536 ; 28 
 
 G. 630. 
 when refusal of agent to receive premium does not invalidate policy, 24 G. 
 
 497. 
 when administrator of husband may recover on policy issued for benefit 
 
 of wife who died, 24 G. 497. 
 when declaration on policy of, may be amended and trial proceeded with> 
 
 24 G, 536, 
 
INSURANCE. 319 
 
 INSURANCE, Continued. 
 
 city of Norfolk can impose a license tax on foreign company, 25 G. 97. 
 when insurer entitled to be released from his contract of, 25 G. 268. 
 when insured not responsible for misdescription of property in policy. 
 
 When company not liable, 25 G. 268. 
 how far company liable for acts of its agents, 25 G. 268. 
 objection that policy was not filed with declaration cannot be^rst made 
 
 in appellate court, 26 G. 854. ' 
 
 what a sufficient notice of loss to company. What a waiver of proof of 
 
 loss, 26 G. 854. 
 fact that one partner claimed homestead does not affect policy of firm, 26 
 
 G. 854. 
 when failure to mention lien in the application avoids the policy. When 
 
 not, 26 G. 854. 
 waiver of performance may be proved under allegation that conditions 
 
 were performed, 26 G. 854. 
 how far companies doing business in this State considered as domiciled 
 
 here, 27 G. 216 ; 28 G. 630. • 
 
 company doing business in Virginia cannot have cause removed to United 
 
 States court, 27 G. 216. 
 what constituted party a general agent of company, and how far' it is 
 
 bound by his acts, 28 G. 88. 
 conditions in policy as to change of title, alienation of property, vacation, 
 
 &c., construed, 28 G. 88. 
 how and by whom waiver of conditions of policy may be made, 28 G. 88. 
 contract between general agent and company construed, 28 G. 290. 
 existence of deed in trust on property does not avoid policy, when, 28 G. 
 
 389. 
 knowledge of general agent issuing policy binds company, 28 G. 389. 
 that building stood on leased ground did not vitiate policy, when, 28 G. 
 
 389. 
 policy is rendered void by fraud and false swearing, 28 G. 508, 524. 
 the application is a part of the policy. What a warranty in application, 
 
 28 G. 585. 
 parol evidence inadmissible to prove insured did not read application, 28 
 
 G. 585. 
 what a waiver of a condition of a policy. What not, 28 G. 585. 
 when service of process on agent of company sufficient, though his powers 
 
 revoked, 28 G. 630. 
 company held liable on policy in case of death of insured during the war, 
 
 28 G. 630. 
 duty of personal representative of insured in this case. As to tender of 
 
 premiums during the war, 28 G. 630. 
 parol testimony tending to confirm policy of, is admissible, 29 G. 255. 
 qamre, as to whether policy was forfeited for non-payment of premium, 29 
 
 G, 361. 
 parol evidence admissible to prove forfeiture of poUcy was waived by com 
 
 pany, 29 G. 361. 
 
320 INSURANCE— INTEREST. 
 
 INSURANCE, Continued. 
 
 as to, in Mutual Assurance Society of Virginia, what not insurable. "When 
 null, Ac, 29 G. 612. 
 
 party *aldng policy for benefit of wife may sue insolvent company for pre- 
 miums paid, 30 6. 72. 
 
 policy holder may sue foreign company in ciicuit court of Eichmond and 
 make treasurer of State a party, 30 G. 72. 
 
 in such case bonds in the hands of treasurer may be subjected, 30 G. 72. 
 
 loss occasioned by U. S. forces before ordinance of secession went into ef- 
 fect, not excepted by the provisions of the policy in this case, 32 G.613. 
 
 condition in policy that there should be no other, on property construed, 
 31 G. 176. 
 
 when policy avoided on account of subsequent, when not, 31 G. 176. 
 
 when company must pay, though no policy had issued, 31 G. 362. 
 
 what a valid payment of a premium to an agent of company, 31 G. 362. 
 
 condition as to stating in the poljcy interest of assured in the property 
 , construed, 31 G. 362. 
 
 due diligence in giving notice of loss to company is all that is required, 
 31 G. 362. 
 
 assistant secretary of company held to have authority to waive forfeiture 
 of policy and to reinstate it, 31 G. 517. 
 
 a contingent right of dower in the property does not avoid policy if in- 
 sured did not mention it in his application, when, 31 G. 739, 749. 
 
 appellate court cannot interfere with judgment on ground that value of 
 property was too much, if case was tried by the court and not by jury, 
 31 G. 739. 
 
 omission of insured to state certain facts in application for, avoids policy if 
 made fraudulently, 31 G. 749. 
 
 refusal of company to pay and denial of liability is a waiver of proof of 
 loss, 32 G. 613. 
 
 when administratrix of insured can recover in equity on a policy of, 32 G. 
 613. 
 
 interest during the war allowed on a policy of, 32 G. 613. 
 
 how payments by stockholders of company to the company in Confeder- 
 ate money treated in settling its affairs, 32 O. 242. 
 
 principles of winding up affairs of company in this case, 32 G. 242. 
 
 property of foreign company liable to attachment though it has an agent 
 and has made deposit in Virginia under Code 1873, ch. 36 J 19, 32 G. 445. 
 
 condition in policy that if assessment on premium note is not paid the 
 policy shall be void, held valid, 33 G. 743. 
 , INTEREST ; see Usury. 
 
 1. In Geneeal. 
 
 2. When allowed. 
 
 3. When not allowed. 
 1, In Genebal: 
 
 when judgment does not include, 1 W. 70. 
 
 when possession of lands by mortgagee is in lieu of, 1 W. 125. 
 
 on disputed accounts only allowed from institution of suit, 1 W. 172. ~ 
 
INTEREST. 321, 
 
 INTEREST, In Genebal, Continued. 
 
 there is no general rule charging executors -with, 1 W. 246. 
 
 in debt on a judgment plaintiff can only recover its amount though prin- 
 cipal and, of debt exceed it, 2 W. 201. 
 
 when evidence of absence beyond seas admissible to extinguish, 1 C. 133. 
 
 rate forthcoming bond should carry in thSs case, 1 C. 205. 
 
 qusere, can court decide as to amount due, upon a tender before plea, 1 C 
 215. 
 
 when omission to state a failure to pay, cured by verdict, 1 C. 567. 
 
 compensation in equity is not profits that might be made but interest on 
 money, 2 C. 421. 
 
 in equity not carried beyond date of final decree, 3 C. 22. 
 
 in action on a bond court may instruct jury in regard to, 6 C. 16. 
 
 proper mode of calculating, when partial payments have been made, 4 H. 
 
 6 M. 431 ; 2 P. & H. 664. 
 
 when courts of equity could not give, prior to decree, 1 M. 183. 
 
 whether, should be charged on administration account, might depend on 
 
 extraneous testimony, 2 M. 285. 
 how, should run if allowed in equity, 2 M, 505. 
 
 when and how devisees in this case liable for instalments and, 3 M. 10. 
 stipulation that if, is not paid principal shall become due, relieved against 
 
 in equity, 5 M. 485. 
 judgment on penal bill not reversed though, omitted in declaration, 6 M. 
 
 389. 
 hack, for not paying punctually relieved against in equiiy, Gil. 172. 
 demand of, in declaration which is not claimed in writ is erroneous, 4 E. 
 
 152. 
 how calculated if partial payments made by executor on judgment against 
 
 his testator, 4 L. 189. 
 on an annuity given by will in 1791 only five per cent., 4 L. 209, 
 declaration bad .for demanding, as part of the debt, 7 L. 175. 
 how charged on a guardian's account, 4 G. 43 ; 29 G. 112 ; 1 Bob. 196. 
 how executor charged with, on money, hires of slaves and bonds, 5 G. 6. 
 proper judgment when penalty, and condition of bond are for same sum, 
 
 7 G. 310. 
 
 when whole fund considered as principal, 17 G. 349. 
 
 agent of foreigner during war only charged, from end of war, 26 G. 188. 
 
 when and how charged on advancements, 27 G. 902. 
 
 is the l^al incident to the debt and cannot be arbitrarily abated, 28 G, 207. 
 
 act April 2, 1873, as to remitting, unconstitutional, 28 G. 207, 775, 840 ; 29 
 
 G. 212. 
 on a bond payable on demand there is an implied contract to pay, 28 6. 
 
 840. 
 party agreeing to pay, at rate of twelve per cent, must do so until bond is 
 
 paid, though rate is reduced by law, 29 G. 1. 
 how trustees charged with, 30 G. 434 ; 4 H. & M. 415; 3 C. 538. 
 when lender cannot be proceeded against nnder §10 of act as to money 
 
 and, 26 G. 207. 
 
 41 
 
322 INTEREST. 
 
 ! 
 
 INTEEEST, In Genekal, Continued. 
 proceedings under Code of 1849 ch. 141, 26 G. 207. 
 bonds issued for, not a novation of the debt, and are secured by original 
 
 mortgage, 33 Q. 586 
 coupons for, bear interest from time they are payable, 33 G. 586. 
 2. When allowed : 
 
 when officer of court must pay, on money in his hands, 1 W. 145. 
 
 when recovered as damages for non-payment of debt, 1 C. 567 ; see 10 L. 
 
 284. 
 executor is entitled to, on balance due him by estate, 2 C. 102. 
 when allowed on rents, 2 C. 249 ; 5 M. 21 ; 1 G. 416; 3G. 494 ; 11 G. 
 
 411 ; 16 G. 21. 
 when act authorizing warrant for a debt does not stop, on it, 1 H. & M. 90. 
 rule in equity as to allowing on simple contracts not bearing it on face, 
 
 before act 1804, 2 C. 415. 
 trustee retaining money unreasonable time must pay, 3 C. 538. 
 when legacy carries, from one year after death of legatee under age, 4 C. 
 
 605. 
 agent not paying over money within reasonable time must pay, 5 C. IIH. 
 allowed devisee of slaves In remainder on money paid forthem, 2 H. & M. 
 
 381. 
 when legatee entitled to, on bequest which does not take effect until he is 
 
 of age, 2M. 231. 
 how allowed on legacy, no time for its payment being fixed, 3 M. 10. 
 when personal representative charged with, 3 M. 288. 
 when purchaser knowing defects in title must pay, on purchase money, 3 
 
 M. 243. 
 when part owner in possession of land must pay, on money received by 
 
 him, 5 M. 108. 
 from what time allowed on purchase money In this case, 5 M. 342. 
 how party buying slave with knowledge of better title charged with, on 
 
 profits, 5 M. 492. 
 when creditor alio ivei on his judgment, in equity, 2 E. 401. 
 allowed on legacies from testator's death, 2 E. 409. 
 defendant must pay on money which he Is restrained from paying out, 3 
 
 K. 434. 
 when vendee must pay, on purchase money, 6 E. 465 ; 3 L. 619 ; 1 G. 298 ; 
 
 11 G. 468. 
 omission to charge executor with, is cause for surcharging account, 3 L. 348. 
 allowed on aggregate of principal, damages and costs of a judgment, 7 L. 
 
 346. 
 in debt on bond, beyond penalty may be given In form of damages, 10 L. 384. 
 allowed on damages for breach of executory contract to convey land, 11 
 
 L. 261. 
 compound, allowed against guardian, 1 Eob. 196. 
 allowed on estimated rents, 1 Eob. 196 ; 26 G. 36. 
 executor who was residuary legatee charged with, on legacies though not 
 
 demanded for many years, 1 G. 292. 
 
INTEREST. 323 
 
 INTEREST, When allowed, Continued. 
 when executor who pays distributees must pay creditors with, 1 G. 431 
 tenant of property in suit must pay, on the rents, 1 Gr. 416. 
 allowed prior to date of account filed with declaration, 2 G. 354. 
 when allowed party recovering back money improperly paid by him, 7 
 
 G. 86. 
 legacy bears, from end of year though no hand to receive it for many years, 
 
 7 G. 377. 
 under act of March 2, 1827, landlord entitled to, on rent from time it was 
 
 due, 11 G. 411. 
 on what payments surety is entitled to have, 11 G. 522. 
 guardian only charged with simple, when, 12 G. 608. 
 equity will decree, on a bond or judgment beyond the penalty against the 
 
 principal, 13 G. 354. 
 when proper to charge, from time of verdict in action for a tort, 13 G. 454. 
 ' when tenant in common must pay, on rents, 16 G. 21. 
 
 when vendee claiming specific performance need not pay, on purchase 
 
 money, 17 G. 262. 
 when executor charged, during the war. But not interest on, 20 G. 124. 
 when allowed on a note including principal and interest, 20 G. 377. 
 when bonds taken for, will bear, 23 G. 266. 
 when compounded against executor and sureties, 23 G. 652. 
 when bond properly chargeable with, during the war, 24 G. 272. 
 not abated during war if parties lived on same side of lines, 28 G. 207 ; 29 
 
 G. 379. 
 on policy of insurance allowed during the war, 32 G. 613. 
 against fiduciary on estimated hires of slaves, 4 G. 257. 
 how, on excess of advancements to children charged in this case, 33 G. 273. 
 committee of lunatic generally charged with simple, on balances, 33 G. 674. 
 3. When no* allovted : 
 not allowed on interest due by executor, 1 W. 246. 
 
 not due on damages until after judgment against sheriff for taxes, 1 C.194. 
 if declaration does not demand, court cannot give, when, 2 C. 212; 4 C. 224. 
 not allowed on an unliquidated account, 2 C. 358. 
 
 during war deducted on debts of British subjects residing abroad, 3 C. 22. 
 judgment will not be for, if attachment does not demand it, 3 C. 455. 
 refused in this case, 4 C. 453. 
 on rents not allowed, when, 2 C. 253 ; 5 M. 21. 
 refusal by legatee's husband to accept legacy stops, on it, 4 C. 605. 
 not allowed for time prior to that fixed for payment save by express agree- 
 ment, IH. &M. 211 
 on balance of account composed of principal and, not allowed, 3 H. & M. 89. 
 not recoverable by way of damages in debt for rent, 3 H. & M. 463. 
 not allowed on damages for land taken by commonwealth, when, 2 H. & 
 
 M. 548. 
 when guardian, who is not allowed for ward's board, not charged with, 1 
 
 M. 119. 
 
324 INTEREST.— INTERLOCUTOKY DECREE. 
 
 INTEEEST, "When not allowed, Gontirmed. 
 executor not charged with, before decree if failure to account was fault of 
 
 legatees, 1 M. 150. 
 executor not charged with, on hire of slaves from day it was due, 1 M. 183. 
 on costs of suit not authorized by act Jan. 20, 1804, ?5, 2 M. 46. 
 executor not charged with, on legacy under this will, 3 M. 59. 
 executor not charged, on legacy to infant until he has notice of appoint- 
 ment of a guardian, 3 M. 198. 
 judgment should not be for, on replevy bond from day anteriorto its date, 
 
 3 M. 277. 
 when clerk should issue execution for, though not demanded in declara- 
 tion, 2 M. 334 ; 4 M. 76. 
 when executors not charged, on dividends and money not invested, 5 M. 
 
 223. 
 when husband's creditors not allowed, on fund decreed wife for a settle- 
 ment, 1 P. & H. 277; see 8 G. 98. 
 when back, considered as a penalty and not allowed, 6 M. 71. 
 trustee in this case not charged with, 6 M. 99. 
 upon interest on legacy not allowed unless testator plainly so required, 4 
 
 E. 181. 
 compound, only allowed under certain circumstances, 4 R. 406. 
 not recoverable as of course in action for rent, 5 E. 571. 
 attorney not bound for, on debts lost through his negligence, 2 L. 650. 
 when not allowed on doubtful claim against commonwealth, 3 L. 241. 
 not allowed on estimated rents and pi-ofits, 5 L. 561 ; 6 L. 38. 
 not allowed on damages in tort, 5 L. 598. 
 
 executor not charged with, on small annual balances, 6 L. 271. 
 on interest not allowed, 10 L. 481, 628. 
 
 continuing, not allowed on damages recovered against sheriff for a false re- 
 turn, 11 L. 600. 
 person maintaining infant legatee not charged, on legacy, 2 Rob. 492. 
 when should not be involved in administration account, 1 Gr. 143. 
 not allowed on interest due at close of administration account, 4 Gr. 293. 
 not allowed on estimated hires of slaves except against fiduciary who 
 
 should have hired them out, 4 G. 257. 
 what to be deducted in suit on usurious contract in this case, 30 G. 828. 
 when not allowed on grounds rents, 4 G. 1. 
 not allowed on arrears of annuity, when, 6 G. 259. 
 when decree for, against adminitrator d. h. n. erroneous, 10 L. 527. 
 not allowed on interest during the war, 20 G. 124. 
 not allowed on bonds given for purchase money of land in October, 1862, 
 
 24 G. 484. 
 when decree disallowing, not reversed, 26 G. 298. 
 disallowed in this case from April 17, 1861, to April 10, 1865, 27 G. 42, 
 not allowed during war if parties lived on opposite sides of the lines, 27 
 G. 511, 541 ; 28 G, 207. 
 
 INTERLOCUTORY DECREE ; see Decree ; Equity. 
 
INTERNAL IMPROVEMJENT COMPANY— ISSUE. 325 
 
 INTERNAL IMPROVEMENT COMPANY ; see Cm-paratton ; Railroad 
 Company. 
 as to condemnation of land by ; when case may be removed to circuit 
 
 court, 22 G. 437. 
 oniis is on, excepting to prove commissioner's report of damages excessive, 
 
 25 G. 467.' 
 
 duty of commissioners appointed to assess damages for land wanted by, 
 
 26 G. 661. 
 
 how their report objected to and when set aside, 26 G. 661. 
 rights of, to sell stock of delinquent shareholders, 1 P. & H. 94. 
 INTERPLEADEK ; see Pleading. 
 
 sheriflf may file an, to settle rights of property taken in execution, 4 H. & 
 
 M. 506. 
 how costs awarded in this case, 9 L. 153. 
 
 how long plaintiff in an, suit continues a substantial and a necessary party, 
 28 G. 299. 
 ' when party claiming property seized under execution may file, and set up 
 
 equitable title, 32 G. 695. 
 INTERROGATORIES; see Answer; Equity. 
 
 answers to, made to messenger sent to bring defendant into court only re- 
 ceived by leave of court, 4 H <fc M. 481. 
 defect in charging part of bill not supplied by a subsequent interrogatory, 
 
 4 M. 273. 
 order directing defendant to be brought in to answer, when discharged, 5 
 
 M. 308. 
 how far answersto, filed by defendant evidence at law, 8 L. 489 ; 11 L.251. 
 case of a defendant brought in by a messenger to answer, 2 Rob. 729. 
 act as to filing, applies to defendant in custody of bail as well as in jail, 10 
 
 G.641. 
 party not bound to answer, which may subject him to penalty or forfeit- 
 ure, 6 G. 481. 
 when party may answer, and then object to their admission as evidence, 6 
 
 G. 481. 
 what answers to, impertinent and immaterial in this case, 22 G. 649. 
 INVENTORY; see Appraisement ; Guardian; Personal Representative. 
 not signed by administrator, no inventory as to him and no ground on 
 which to charge him, 5 L. 149. 
 INVESTMENT, 
 when, made under order of court null and void, 22 G. 614, 649 ; 25 G. 410. 
 ,when court can order, of Confederate money by fiduciary. "When not, 22 
 G. 649; 25 G. 410. 
 ISSUE ; see Issue out of Chancery; Trial. • 
 verdict in detinue erroneous if it find only part of, 1 W. 76. 
 omission of similiter is cured by verdict, 1 W. 363. 
 repleader directed if verdict is on an immaterial, 1 C. 257 1 6 M. 308 ; 6 L. 
 
 562; 2 0. 879. 
 if defendant after leave given does not amend plea, issue on former plea 
 should be tried, 2 C. 1. 
 
226 ISSUE— ISSUE OUT OF CHANCERY. 
 
 ISSUE, Continued. 
 In trespass, issue on plea of justification is immaterial, 2 C. 379. 
 wheii error in joining, cured by act of jeofails, 2 C. 514. 
 if jury is sworn to try, and there are two issues, verdict responsive to both 
 
 is good, 3 C. 19 ; 7 L. 68. 
 plea of " non assumpsit within five years " raises an immaterial, 3 C. 248. 
 when repleader not awarded though verdict was on immaterial, 3 C. 248. 
 want of plea is fatal though jury sworn to try the, 4 C. 130. 
 if improperly framed, appellate court will direct an appropriate one, 4 C. 
 
 288. 
 plea of payment amounts to the general issue, 4 C. 371. 
 what issue in replevin sufficient, 4 C. 580. 
 to try validity of will has same effect as, to try whether writing is the vrill 
 
 or not, 1 H. & M. 72 
 joined on plea of " usual plea " is no issue, 2 H. & M. 161. 
 what should be if defendant sued as teir and devisee, 1 C. 257. 
 statement by clerk "which pleas the plaintiffs join," is no joining of, 2 H. 
 
 & M. 268. 
 when verdict responds to one, and there are two, there should be a venire 
 
 de novo, 2 H. & M. 268. 
 when if demurrer overruled judgment should not be entered until issue 
 
 tried, 2 M. 88, 518. 
 when in trespass plaintiff must reply to plea of justification and join, on 
 
 plea of not guilty, 2 M. 205. 
 judgment set aside as no issue joined, 3 M. 314. 
 what a general replication to all the pleas pleaded, 4 M. 60. 
 verdict set aside as no issue joined on second plea, 4 M. 430. 
 demurrer should be decided before, tried. Judgment not reversed for this 
 
 error only, 5 M. 1. 
 judgment entered without taking notice of a plea reversed, 6 M. 32. 
 general replication to plea of payment does not constitute an, Gil. 228. 
 plea of " arbitrament and award" a mere nullity, 1 M. 22. 
 what an immaterial, in action on the case for deceit, 2 M. 511. 
 several issues in this case held immaterial, 5 M. 39. 
 misjoinder of, not fatal after verdict, record showing that it was joined, 4 
 
 R. 488. 
 verdict on material, good though there is no finding on immaterial, 6 L. 
 
 600. 
 what court may do if plea presents an immaterial, 14 Gr. 24. 
 special plea amounting to general issue should be rejected, 14 G. 447. -» 
 what defendant may give in evidence under the general issue in case for 
 
 assault and battery, 33 G, 418. 
 ISSUE OUT OP CHANCERY ; see Equity ; Issue ; Trial. 
 when chancellor will direct a new trial, 1 "W. 156, 336. 
 when court should not direct an, 1 C. 382 | 1 M. 373 ; 9 G. 136, 294 ; 11 
 
 G. 752. 
 how dissatisfaction of judge who tries, with verdict, shown, 2 C. 369. 
 discretion of chancellor in awarding, exercised on sound principles, 2 C. 369. 
 
ISSUE OUT OF CHANCERY. 327 
 
 ISSUE OUT OF CHANCERY, Ooniinued. 
 new trial of, npt granted because judge certifies weight of evidence was 
 
 against verdict, 3 C. 568. 
 awarded if bill charges fraud and testimony is conflicting, 4 C. 416. 
 properly directed, as credit of witnesses was assailed, 4 C. 430. 
 when unnecessary to direct, to ascertain deficiency in land, 4 C. 489. 
 papers read at former trial or on hearing of cause are evidence on an, 1 H. 
 
 & M. 13. 
 after two concurring verdicts chancellor not bound to direct a new trial, 1 
 
 H. & M. 548. 
 court is not bound to direct, but may decide without a jury, 1 H. & M. 
 
 92; 3L. 567; 28 G. 49. 
 when if court which tries, refuses new trial, verdict stands forever, 2 H. & 
 
 M. 525. 
 should be directed if evidence leaves doubt as to an important fact, 2 M. 
 
 412 ; 4 M. 450 ; 6 M. 245. 
 when testimony on trial of, conflicting, verdict is conclusive, Gil. 159. 
 directed to ascertain provisions of lost will and whether it was executed, 
 
 Gil. 211. 
 directed to ascertain whether absolute bill of sale was intended as a secu- 
 rity, 1 E. 249. ^ 
 directed ±o try whether sale was shift to evade usury law, 2 E. 109. 
 chancellor need not set aside verdict on, though court of law certifies it 
 
 was against the evidence, ,5 L. 197. 
 what appellate court should do if issues set aside in this case, 10 L. 560. 
 what proceedings on trial of, are part of the chancery record, 10 L. 560. 
 where issue devisavit vel non may be directed to be tried. Hoy made up, 1 
 
 G. 18. 
 who plaintiff in such issue. Court may direct executor to be examined, 1 
 
 G. 18. 
 when injunction to judgment on gambling debt should be continued and, 
 
 directed, 5 G. 354. 
 directed to ascertain whether creditor's claim bona fide, when, 6 G. 582. 
 when there may be an appeal from a decree directing an, 9 G. 136. 
 when bill dismissed though jury find verdict on, '9 G. 294 ; 11 G. 752. 
 if subject is in nature of unliquidated damages and witness impeached, 
 ^ there should be an, 8G 257. 
 verdict on, is conclusive if there is no ex,ception spreading facts on the 
 
 record, 11 G. 182, 210. 
 principles governing trial of, 22 G. 177. 
 when an, quantum damnifieatus may be ordered, 22 G. 814. 
 how verdict on, may be set aside, 25 G. 473. 
 on trial of issue devisavit vd non, exception to evidence must be taken at the 
 
 time, 29 G. 61. 
 how bill of exception containing all the evidence, in such cases, regarded 
 
 in appellate court, 29 G. 61. 
 when court may decide issue without referring it to a commissioner, 31 G. 84. 
 as to evidence of handwriting on trial of, 31 G. 333. 
 
328 JAILER— JEOFAILS. 
 
 J. 
 
 JAILEK. 
 when prison fees may be recovered back by creditor from, 1 C. 540; 2 V. 
 
 C. 406. 
 iiuless debtor is unable to pay prison fees, cannot demand them from any 
 
 one else, 1 C. 540. 
 what, bound to furnish runaway committed to jail, 4 E. 256. 
 sheriif is, ex officio and liable for acts of his tumkSy, 4 R. 256. 
 JAMES RIVER COMPANY, 
 proper remedy to decide as to charter of, 2 V. C. 190. 
 advantages to be considered by assessors in condemning land for the, 9 L. 
 
 313. 
 can occupy streets of a town. When injunction awarded to stop works of 
 
 company, when not, 12 L. 278. 
 act March 1, 1867, construed. When not liable to suit under said act, 23 
 G. 294. 
 JEOFAILS; see Amendment; Pleading; Verdict: 
 omission of similiter cured by verdict, 1 W. 363. 
 informality in joining issues cured by verdict, 2 W. 1. 
 what after verdict, is substantially a plea of "conditions performed, " 2 W. 
 
 143. 
 failure to aver a promise to pay, in assumpsii, not cured by actof, 2 W. 187. 
 omission to lay damages in declaration, cured by act of, 2 W. 203. 
 omission in declaration to aver gist of action not cured by act of, 1 C. 83. 
 when omission to state failure to pay interest cured by act of, 1 C. 567. 
 when error in joining issue cured by act of, 2 C. 514. 
 if jury sworn to try " issue, " and there are two, and verdict responsive to 
 
 both, error is cured by act of, 3 C. 19. 
 if in ejectment the demise and ouster be laid prior to plaintiff's title, it is 
 
 cured by act of, 3 C. 362. 
 plea of not guilty in an action of covenant cured by act of, 1 H, & M. 153. 
 what declaration by heir for breach of covenants in| a deed to ancestor, 
 
 good after verdict, 1 H. & M. 303. 
 what defect in plea in action of covenant against an heir, cured by act of, 
 
 1 H. & M. 303. 
 declaration on sheriff's bond charging he failed to pay taxes on demand, 
 
 cured by act of, 2 H. & M. 459. 
 failure to make positive averment in declaration in trespass not cured by 
 
 verdict, 3 H. & M. 127. 
 after verdict court will fill blank for damages in declaration from the 
 
 writ, 3 H & M. 268. 
 judgment not arrested because time was left blank in declaration, 3 H. & 
 
 M. 268. 
 when court will intend after verdict that a general replication was filed in 
 writing, 3 H. & M. 309. 
 
JEOFAILS. 329 
 
 JEOFAILS, Continued. 
 
 blank in declaration as to time of marriage cured by verdict, in suit for 
 
 breach of promise, 3 M. 219. 
 count for money had and received good after verdict, though sum left 
 
 blank, 3 M. 550. 
 plea of "act of limitations " in those words only, good after verdict, 4 M. 
 
 444. 
 wrong conclusion in plea of "fully ad,ministered " cured by verdict, 4 M. 
 
 466. 
 1 K. C, J108 p. 512 coiistrued, 1 E 25. 
 
 error in bringing case instead of trespass, cured by act of, 2 E. 440. 
 if errors cured by act of, as to one defendant they are cured as to all, 2 E. 
 
 446. 
 omission to allege property in the plaintiff in the declaration cured by act 
 
 of, of 1819, 3 E. 448. 
 in declaration on a collateral promise what errors cured by act of, 3 E. 458. 
 what declaration good on general demurrer, 3 E. 484. 
 how far act of, cures declaration setting out no cause of action, 4 E. 161 ; 
 
 3 E. 458. 
 when error as to sum in verdict in debt, cured by act of, 6 E. 182. 
 1 E. C. ch 128 |103, construed, 2 L. 321. 
 quesre, whether irregularity in joining issue in writ of right cured by act 
 
 of, 2 L. 653. 
 blanks, informalities and bad grammar in plea and replication cured by 
 
 verdict, 2 L. 1. 
 in cases of judgments by default act of, does not apply, 3 L. 270. 
 act of, applies if defendant once appears, 4 L. 412. 
 if declaration shows right of action is in another, act of, does not apply, 12 
 
 L. 204. 
 in writ of right failure to file a plea not cured by act of, 10 G. 250. 
 when action against personal representative of vendor for fraud in sale of 
 
 slave, not.maintainable even after verdict and judgment, 11 G. 202. 
 what defects statute aids, and what not, 11 Gt. 202. 
 what irregularity in action for maliciously suing out an attachment cured 
 
 by act of, 15 G. 381. 
 when non-rejoinder of issue cured by act of, 20 G. 344. 
 mistake of name of month in the indictment not material, when, 3 G. 620. 
 what errors in indictment for rape cured by act of, 2 V. C. 235. 
 failure to state offence was committed within jurisdiction of court cured 
 
 by act of, 2 V. C. 94. 
 what errors in indictment for stealing bank notes, not cured by act of, 2 
 
 V. C. 122. 
 what errors in indictment for malicious and voluntary shooting cured by 
 
 act of, 2 V. C. 143. 
 wjiat carelessness in indictment for forgery cured by act Of, 2 V. C. 337. 
 omission of " r " in " three " cured- by act of, 2 V. C. 447. 
 what defect in indictment for rescuing property levied on, not cured by act 
 
 of, 4 L. 675. 
 
 42 
 
330 JEOFAILS— JUDGES. 
 
 JEOFAILS, Continued. 
 
 ■what defect in indictment for carrying jiway slave, not cured by act of, 4 
 L. 692 ; 2 G. 629. 
 
 act of, of 1804 examined and expounded, 3 G. 629. 
 
 when indictment against justices not cured by act of, 2 IJ. 709. 
 JOINDER OF ACTION ; see Action. 
 JOINT ACTION; see Action. 
 JOINT ANSWER ; see Answer. 
 JOINT DEFENDANT , see Defendant. 
 JOINT OBLIGATION ; see Bond. 
 
 JOINT OWNERS ; see Joint Tenants ; Parceners ; Tenants in Common. 
 JOINT TENANTS ; see Tenants in Common. 
 
 an inclusive patent to three makes them, 1 C. 458. 
 
 quit-rents allowed against the personal representative of a surviving joint 
 tenant, 2 C. 102. 
 
 division of land by consent considered equal in value unless proved other- 
 wise, 3 C. 558. 
 
 when an unequal division made by, binding on them, 4 H. & M. 184. 
 
 an estate given to husband and vrife is not a joint tenancy, 3 R. 179. 
 
 interest of, in the land in this case, 1 Rob. 225. 
 
 what deed evidence in trial of writ of right, 2 Rob. 273. 
 
 what contract will make parties, in crop raised, 3 G. 205. 
 
 as to purchase by a joint tenant of an outstanding adverse title, 22 G. 414. 
 
 when possession of one, held possession of both, 22 G. 414. 
 
 what not an actual ouster by a, of his co-tenant, 22 G. 414. 
 
 carrying on business at a furnace must account to co-tenants, how, 27 G. 714. 
 
 as to rights of svirvivorship under joint tenancy in this case, Wy. 254, 361. 
 
 effect of purchase by a, of whole property in which he is interested, 33 
 G. 473. 
 JOINTURE ; see Dower ; Husband and Wife. 
 
 valid though encumbered. Widow entitled to dower if evicted of her, 4 
 H. & M. 23. 
 
 marriage settlement in this case no bar to wife's right of dower in slaves, 
 ^ 3 M. 279. 
 JUDGES. 
 
 first Court of Appeals was legislative only. Mode of qualifying of, 4 C. 1. 
 
 exempt from arrest in civil cases while holding court, 4 C, 97. 
 
 term of judge of hustings court of Manchester elected in 1874, 33 G. 232. 
 
 what, hold office during good behavior, 4 C. 135. 
 
 as to reduction and increase of salaries and duties of, 4 0. 135. 
 
 when term of judge of Halifax county ended in this case, 33 G. 510. 
 
 act construed not to remove existing, 4 C. 135. 
 
 what, cannot be required to act as district, 4 C. 135. 
 
 might resign from Court of Appeals and still be judges of their respective 
 courts, 4 C. 135. 
 
 judge of circuit court may be compelled by mandamus to decide a case, 23 
 G. 579. 
 
JUDGES— JUDGMENT. 331 
 
 JUDGES, Continued. 
 
 terms of county, under constitution of 1869, 32 Gr. 779. 
 
 what no abandonment or forfeiture of office of county judge, 33 G. 443, 510. 
 
 judgments of de faeto, valid and binding, 33 G. 510. 
 
 salary of judge not taken away by act in this case, 9 L. 109. 
 
 State judge may grant habeas corpus, though party restrained of liberty 
 under color of authority of United States, 2 V. C. 276. 
 
 power of State courts when party restrained under color of authority of 
 ■ United States, discussed, 2 V. C. 276. 
 
 judge elected to fill vacancy is elected for full-term, 33 G. 119. 
 JUDGMENT. 
 
 1. In General. 
 
 2. By Confession and Default. 
 
 3. Validity. 
 
 4. Effect of. 
 
 5. Lien of. 
 1. In General: 
 
 if, as to costs is reversed no damages allowed on costs, 1 "W. 10. 
 
 if improper plea of tender and refusal offered plaintiff may sign, 1 W. 26. 
 
 when will be for principal only, 1 W. 90. 
 
 not given against sureties until plea of non est factum is tried, 1 W. 72. 
 
 when is for principal and interest, not for the penalty, 1 "W, 72. 
 
 when affirmed and damages given against testator's estate, 1 "W. 74. 
 
 not generally certified immediately from Court of Appeals, 1 W 74. 
 
 what a release of part of, 1 W. 87. 
 
 how entered in suit on a sheriff's bond, 1 W. 91. 
 
 when a replevy bond is satisfaction of, 1 "W. 96, 
 
 faulty forthcoming bond is satisfaction of, when, 2 W. 189. 
 
 when reversed for error in declaration, 1 W. 115. 
 
 given against sheriff by mistake of clerk relieved against in equity, 1 W. 
 
 254. 
 error in, is never corrected by court which gives it, 2 "W. 130. / 
 when should be in current money to be discharged by sterling money, 2 
 
 W. 150. 
 second execution cannot issue until faulty forthcoming bond quashed, 2 
 
 "W. 189. 
 supersedeas lies from, on a motion to quash an execution, 2 W. 194. 
 how, on bond for sterling money reduced to currency, 1 C. 41. . 
 on forthcoming bond which improperly includes sheriffs commissions, 
 
 should omit them, 1 C. 48. 
 receipt of plaintiff's attorney discharges, 1 C. 147. 
 
 writ of error will not lie from, of General Court after five years, 1 C. 194. 
 interest is not due on damages until after, against sheriff for taxes, 1 C. 
 
 194. 
 if exceptions are offered earlier, an award need not lie two terms before, 1 
 
 C. 379. 
 surety is entitled to, against principal for the specific thing he paid, 1 C. 
 
 443. 
 
332 JUDGMENT. 
 
 JUDGMENT, In General, Continued. 
 what sufflcient to authorize, against sheriff's surety, 1 C. 471. 
 court should state on the record legal grounds for, 1 C. 471. 
 qaxre, does writ of error in fact lie from superior court of law to, of infe- 
 rior court, 1 C. 520. 
 not given for interest if declaration does not demand it, 2 0. 212 ; 4 C. 224. 
 given for defendant on a demurrer to evidence which shows plaintiff has 
 
 no case, 2 C. 241. 
 on joint notice to, all obligors in forthcoming bond, may be taken against 
 
 one, 2 C. 368. 
 in attachment, should first be against debtor then against garnishee, 3 C. 
 
 445. 
 when verdict affirmed with damages, though county court gave no, on it, 
 
 4 C. 580. 
 court cannot amend or alter, after term at which entered, 1 H. & M. 25. 
 not reversed unless injury could result from error of lower court, 2 H. & 
 
 M. 55. ' 
 
 what, should be if a release of errors be pleaded to a awpersedeaa and found 
 
 for defendant in error, 2 H. & M. 268. 
 district court should not merely reverse, of county court, but should give 
 
 proper judgment. 2 H. & M. 308. 
 should not be reversed if improper evidence did not affect verdict, 2 H. & 
 
 M. 550. 
 error in, cannot be corrected on motion after five years from its date, 4 M. 
 
 377. 
 forthcoming bond given by surety does not satisfy original, 3 E. 490. 
 joint, cannot be reversed as to one defendant and affirmed as to another, 4 
 
 E. 386. 
 what considered a, in favor of plaintiff on a demurrer to evidence, 6 K. 39. 
 how party must avail himself of former, for same cause of action, 6 E. 86. 
 judgment "when assets," refers to time of plea pleaded, 6 E. 106. 
 debt lies on a joint, against representative of deceased defendant, 6 R. 182. 
 qusere, is technical mistake in, -amendable as a clerical mistake, 4 L. 308. 
 relief refused in equity against, there being redress at law, 6 L. 530. 
 improperly entered without writ of inquiry, corrected at subsequent term, 
 
 7 L. 175. 
 for defendant reversed as to one count and affirmed as to another, 11 L. 203. 
 what an erroneous, on sci. fa. against bail, 2 &. 193. 
 what, erroneous if jury find improper verdict in criminal case, 2 G. 558. 
 what ground for equity to enjoin, against maker of a note, 7 G. 246. 
 . on forthcoming bond, enjoined for surety suing creditor who is insolvent, 
 
 6 G. 352. ' 
 
 on sci. fa. to revive, neither declaration nor rule to ple&d necessary. When 
 
 becomes final, 7 G. 202. 
 when separate, taken in debt against two, one dying, 12 G. 53. 
 qusere, is judgment against personal representative, quando aeciderint, within 
 
 act of limitations, 7 G. 425. 
 what, given when penalty and condition of bond to pay money are the 
 
 same, 7 G. 310. 
 
JUDGMENT. 333 
 
 JUDGMENT, In Gbneeal, Continued. , ' 
 
 injunction to, refused to allow defendant to set up payments, 10 G. 499. 
 
 when not arrested for supposed variance between information and present- 
 ment, 2 G. 555. 
 
 court will arrest, if material constituent of offence not iu indictment, 2 
 G 629. 
 
 when, against defendants jointly prosecuted for selling liquor, not arrest- 
 ed, 7 G. 600. 
 
 when in debt or sd fa. on a judgment "when assets," plaintiff may take 
 another judgment "when assets," 4 G. 25. 
 
 judgment "when assets" barred by statute of limitations, 4 G.' 25. 
 
 how irregularity at rules corrected at next term of court, 12 G. 312. 
 
 no execution can issue on judgment " if assets." Plaintiff may bring 
 debt or sci. fa., 4 G. 25. 
 
 when relates to first day of term. When not, 4 G. 407 ; 31 G. 580. 
 
 enjoined, for mistake of jury ascertained by after discovered evidence, 6 
 G.50. 
 
 bankrupt discharged subsequent to, may enjoin execution, 6 G. 64. 
 
 when appellate court should not send cause back but render, 9 G. 139. 
 
 1 K. C. ch 128 ?65 as to sei, fa. to revive, not repealed by Sup. E. C. ch. 
 197 ?3, 7 G. 202. 
 
 qusere, what, in this suit against an executor, should be, 7 G. 300. 
 
 when injunction against, dissolved vrithout answer, 9 G. 40. 
 
 not enjoined though defendant prevented by accident from making de- 
 fence, 9 G. 379. 
 
 by assignee of a bond for purchase money of land not enjoined, though 
 contract of sale rescinded, 9 G. 54. 
 
 when not improper to give, for costs against person for whose benefit suit 
 is brought, 11 G. 22. ' 
 
 by consent of parties by their attorneys, is by consent of party for whose 
 benefit suit is brought, 11 G. 22. 
 
 pendency of injunction to, will not prevents its revival on death of either 
 party, and execution cannot issue on revived judgment, 11 G. 190. 
 
 on joint action against several, must be joint ; exception, 19 G. 1. 
 
 when an office, becomes final in circuit court, 15 G. 64. 
 
 on a notice to sheriff must conform to notice, 15 G. 172. 
 
 in ejectment ofice judgment does not become final without action of court 
 or jury, 16 G. 424 ; 33 G. 180. 
 
 when cause properly on ofBce judgment docket. "When not set aside, 21 
 G. 401. 
 
 when cause on offi.ce judgment docket remanded to rules, 21 G. 401. 
 
 when part of, may be rejected as surplusage, 17 G. 366. 
 
 when statute as to reviving, does not run pending an injunction, 12 G. 579. 
 
 proper, in this case, as to maker and endorsers, 21 G. 280. 
 
 grounds on which equity will or will not relieve against, 22 G. 136; 24 G. 
 548; 29 G. 91. 
 
 not enjoined because of neglect of officer of defendant corporation, 24 G. 
 548 
 
334 JUDGMENT. 
 
 JUDGMENT, In Geneeal, Continued. 
 not relieved against because of neglect of defendant or his attorney, 26 Gr. 
 
 67 ; 29 G. 158. 
 when may be for some and against others, under Code 1,849 ch, 177 §19, 
 
 26 G. 403. 
 ■what not a satisfaction of a, 26 G- 705. 
 when there may be a second execution on a, 26 G. 765. 
 as to priority of, against deceased person before Code of 1849, over debts 
 
 by simple contract, 27 G. 789. 
 when doctrine of marshaling assets does not apply to a, 27 G. 789. 
 when, creditor not barred by act of limitations from filing bill to marshal 
 
 assets, 27 G. 789. 
 in this case held not final and corrected, 27 G. 824. 
 how court ascertains whether rents of lands for five years will pay, 32 G. 
 
 121. 
 what a final, in a controversy concerning a road, 27 G, 910. 
 when error to enter final, within thirty days from service of process, 29 
 
 G. 392. 
 act of 1873 as to reopening, unconstitutional, 31 G. 105. 
 what not absolute, but on condition. Power of court over it, 32 G. 530. 
 construction given by court to this entry of, by consent, 32 G. 530. 
 when, of county court arrested on trial for lecond offence of petit larceny, 
 
 16 G. 499. 
 court may give, against some of those jointly tried, and give new trial to 
 
 others, 18 G. 969. 
 when should be for priisoner on some counts and for commonwealth on 
 
 another, 19 G. 813. 
 when, on a verdict properly rendered at a subsequent term, 21 G. 777. 
 cannot be entered on a verdict for shorter term than law allows, 20 G. 848. 
 defendant in ejectment may move at subsequent term to set aside ofSice 
 
 judgment, when, 33 G. 180. 
 when, arrested in suit in Federal court, 6 C. 241. 
 improperly entered without a writ of enquiry, corrected at subsequent 
 
 term, 7 L. 175. 
 in whose name motion to quash inquisition on a, should be, 5 G. 1. 
 when given non obstante veredicto, 11 G. 202. 
 defence to foreign, that defendant was not served with process, must be by 
 
 special plea, 30 G. 266. 
 not reversed because one count in declaration and one instruction bad, if 
 
 other count and instruction are good, 32 G. 588. 
 when court will reverse, if bill of exceptions conttin evidence and not 
 
 facts, 33 G. 136. 
 proof of payment of, held sufScient, twenty-three years having elapsed 
 
 before filing bill to enforce it, 33 G. 402. , 
 
 rights, &c., of sureties if third person after, on the contract becomes a 
 
 surety so as to suspend it, 33 G. 527. 
 discharging prisoner found guilty of involuntary manslaughter is errone- 
 ous, 33 G. 819. 
 
JUDGMENT. 335 
 
 JUDGMENT, In Geneeal, Continued. 
 such, corrected at same term of court and another of fine and imprison- 
 ment entered in prisoner's absence, 33 G. 819. 
 
 2. By Confession and Default : 
 
 confession of, saved intervention of jury and fixed standard of Pennsylva- 
 nia money, 2 W. 149. 
 
 by default, cannot be entered if writ has not been returned, 2 M. 339. 
 
 by default, vrrit and endorsement necessary part of the record, 4 E. 413. 
 
 how, by default entered on writing on which there is a credit, 5 E. 326. 
 
 what good plea in bar to debt on, by confession rendered in Ohio, 6 L. 570. 
 
 how, by default against executor de bonis propriis corrected, 7 Or. 300. 
 
 effect of confession of, iu a pending suit, and the oath of insolvency taken 
 thereon by debtor when surrendered by his bail, 9 G. 179. 
 
 when equity vrill not relieve bail against, by default, 9 G. 255. 
 
 by confession entered by the clerk by mistake, cannot be corrected at next 
 term of court, 12 G. 53. 
 
 what a, by confession and a release of errors in the proceedings, 12 G. 53. 
 
 may be confessed in court or clerk's oflffce by attorney in fact not a lawyer, 
 16 G. 363. 
 
 every judgment where there is no appearance is a, by default, 16 G. 134. 
 
 confession of, in clerk's office can be only in vacation, 16 G, 456. 
 
 confession in office on first day of the term valid, when, 16 G. 456. 
 
 when, by default corrected in same court under Code 1860 ch. 181 |5, 18 
 G.235. 
 
 what a judgment by default, 21 G. 107. 
 
 when court may refuse to reform a, by default, 21 G. 382. 
 
 what a, by default under Code 1873 ch. 175 RS, 6, 25 G. 146. 
 
 when plaintiff asking for an inj unction not compelled to confess, 29 G. 330 
 
 when, by default against part of defendants in action of debt, valid, 27 
 G. 252. 
 
 how and when final judgment on a, by default corrected, 29 G. 392. 
 
 may be confessed without instituting any suit, 31 G. 580. 
 
 by confession iu clerk's office is valid, though only evidenced by his en- 
 dorsement on back of declaration, 32 G. 707. 
 
 clerk may enter such, on minute book atany time and court may so direct, 
 . 32 G. 707. 
 
 3. Validity: 
 
 when good against one partner, suit having abated as to other, 1 W. 9. 
 
 is erroneous when no issue is joined, 1 W. 155. 
 
 on an award misreciting date of order of reference, is erroneous, 2 W. 70. 
 
 in ejectment should always pursue verdict, 2 W. 276. 
 
 on forthcoming bond taken for too much, is good if excess released, 1 C. 47. 
 
 if substantially right will be affirmed, 1 C. 127. 
 
 reversed if bill of exceptions state facts improperly, 1 0. 215. 
 
 presumed to have been fairly obtained, 1 C. 443. 
 
 should not be taken against infant when guardian ad litem fails to appear. 
 
 What should be done, 3 C. 1. 
 de bonis ieSJoions perhaps erroneous, when, 2C. 514, 
 
336 JUDGMENT. 
 
 JUDGMENT, Validity, Continued. 
 
 on forthcoming bond affirmed, though defendant not called on day to 
 which notice was given, 5 C. 12. 
 
 separate judgments at same term on a joint bond good, 5 C. 98. 
 
 failure of sheriff to make return on execution no cause to reverse, on forth- 
 coming bond, 1 H. & M. 212 ; 3 M. 308. 
 
 not reversed because court at defendant's request gave erroneous instruc- 
 tions, when, 1 H. & M. 450. 
 
 what a mere informality in, on an official bond, 17 G. 124. 
 
 subsequent, depending on prior erroneous one must be reversed, 1 V. C. 6. 
 
 if ambiguous, appellate court cannot make it certain, 3 R. 516. 
 
 of military Court of Appeals held valid and binding, 20 G. 31. 
 
 if county court commits estate to sheriff before three months from intes- 
 tate's death, said order -is voidable, 12 G. 85. 
 
 in such case act of court cannot be questioned in collateral proceedings, 12 
 G. 85. 
 
 day of service of process counted in thirty days before, and it is valid, 27 
 G. 306. ' • 
 
 of U. S. Court invalid for want of jurisdiction, when, 30 G. 726. 
 
 valid though process served on sheriff, defendant, by his deputy, 27 G. 306. 
 ' court of law cannot give, for shares of stock, 17 G. 366. 
 
 of court of record cannot be impeached in another action, except for want 
 of jurisdiction or fraud, 27 G. 624. 
 
 creditor cannot impeach, of another against debtor, except on grounds that 
 avoid it between the parties, or for fraud, 32 G. 254. 
 
 order appointing a trustee without notice to party to deed held void, 19 
 G. 592. 
 
 of judge by military appointment held valid, 20 G. 138. 
 
 against person not served with process or appearing is a nullity, 33 G. 351. 
 
 joint, against two held good as to one and void as to the other, 33 G. 351 . 
 
 distinction between an erroneous, and a void, 33 G. 351. 
 
 aide /ac(o judge valid and binding, 33 G. 510. 
 
 under Moffett Liquor Law arrested because indictment failed to state that 
 defendant was " licensed," 33 G. 827. 
 4. Effect of : 
 
 when, in one suit a bar to another, 1 W. 303; 4 C. 379 ; 6 E. 86. 
 
 of board of commissioners under the land law, conclusive against an in- 
 fant plaintiff, 2 C. 440. 
 
 foreign, need not be proved by copy of record ; how proved, 3 C. 446. 
 
 in former suit bar to another if there are not two debts, 4 C. 99. 
 
 administrator must take notice of, against his intestate, 4 C. 528. 
 
 party getting, against one for a slave, cannot bring detinue against another 
 for same slave, 1 Hi & M. 450. 
 
 does not bind person not a party because he cross-examined witnesses, 2 
 H. & M. 139. 
 
 what preference a, for petitioner for land forfeited for non-payment of quit- 
 rents, gives, 2 M. 257. 
 
 as to what, of foreign admiralty court not conclusive, Gil. 16. 
 
JUDGMENT. 837 
 
 JUDGMENT, EFrECT of, Continued. 
 of court of competent jurisdiction is conclusive on other tribunals until re- 
 versed, 4 E. 192. 
 who affected by, in favor of freedom of person held in slavery, 4 R. 600. 
 when former, can be pleaded in baj. When not. When only evidence for 
 
 jury, 6 E. 8G ; 17 G. 124. 
 when, against ancestor binds the heir, 2 G. 200. 
 
 enjoined, is in force as security for amount due plaintiff, 2 G. 212. , 
 
 foreign, does not merge specialty on which it is founded, when, 2 G. 532. 
 of Genei^jtj^ourt is conclusive, 5 G. 693. 
 
 •effecli,ppffo^,mer personal representative of, against administrator d. b. n., 7 
 G. 264, 
 ,' against administratrix on bond of intestate, is conclusive of validity of the 
 debt against her, 8 G 453. 
 ■When, of circuit court against sheriff caiinot be questioned on motion by 
 "J-t jhi§,aj^ministratrix against deputy and his sureties, 9 G. 323. 
 
 is conclusive in a coHjiteral proceeding though erroneous, 14 G. 526. 
 1 o^cirqj^it court, conclusive of its jurisdiction, 9 G. 323. 
 
 effect ^f order of county court committing estate to sheriff before three 
 I • . . iWMitlis from intestate's death, 12 G. 85. 
 
 when a, becomes final from the time execution may issue, 15 G. 64. 
 » wheij^two judgments for same cause good, 16 G. 116, 
 
 appointment of assistant commissione* of the revenue cannot be questioned 
 / ,-pp|3^at«rally, 20 G. 165. 
 
 when plea of former recovery bad, 17 G. 124. 
 ;/0P whom, and how far, bankrupt's discharge conclusive, 13 G. 15. 
 
 wHat, by court of appeals concludes question, 12 G. 226. 
 jq£ appellate court cannot be changed upon second appeal in same case, 
 •'■ rffjrhen, 21 G. 822. 
 
 when, against debtor of partnership conclusive against distributees of de- 
 y3i -ideased partner, 23 G. 674. 
 Y when, dismissing a suit agreed, prima facie a final determination of matters 
 
 .litigated, 25 G. 387. 
 rjeffect of, in attachment suit, in suit on it in another State, 26 G. 765. 
 
 o;f court of record caunotbe impeached in another action, except for want 
 r of jurisdiction or fraud, 27 G. 624. 
 when a judgment is conclusive. When not, 29 G. 494. 
 what against collector and his sureties a, for the commonwealth, 29 G. 683. 
 effect of foreign, in suit on it in another State, 30 G. 266, 
 rights of, creditor against estate of a bankrupt, 30 G. 400. 
 /s relates back to the first day of the term, 4 G. 407; 31 G. 580. 
 
 effect of a, by Cdnsent, 3 P. & H. 327. 
 3 effect of foreign, in Virginia courts, 2 P. & H. 663. 
 
 against executors in Louisiana, not looked into in suit against heirs, &c., in 
 
 Virginia, 2 P. & H. 663 
 cannot be made to act as a release under seal, 12 G. 595. 
 ( of court of competent jurisdiction presumed right on an appeal, 33 G. 37. 
 such presumption prevails unless error shown in the record, 33 G. 37. 
 
 43 
 
838 JUDGMENT. 
 
 JUDGMENT, Continued. 
 5. . Lien of : 
 of county court in 1770 bound only,lands in county. As to act of 1772 as 
 
 to elegits, 3 C. 125. 
 floes not bind land after one year from d^te, unless execution or degU issue, 
 
 2 C. 125. 
 when preferred to deed of trust not recorded in county where land lies, 8 
 
 L. 415. 
 surety substituted to creditor, 10 L. 394 ; 12 L. 573. 
 on what and for what a lien in these cases, 10 L. 394; 12 L. 573. 
 when, in favor of commonwealth only bound half of debtor's lands, 2 G. 
 
 419. 
 when a lien on debtor's lands. When equity will order sale to satisfy, 2 
 
 G. 44. 
 when unrecorded deed void against, though executed before it, 2 G. 182. 
 creditor may subject debtor's equitable interest in land sold by him, for 
 
 purchase money unpaid, 4 G. 407 ; see 28 G. 401_ 
 purchaser of land can have purchase money applied to discharge lien of, 
 
 4 G. 407. 
 when a lien on land in hands of alienees for value. Land last sold first 
 
 applied to satisfy, when, 4 G. 81. 
 when surety in injunction bond entitled to be substituted to lien of, paid 
 
 by him, 4 G. 81. ' • 
 
 how personal property of debtor fraudulently sold subjected to satisfy, 5 
 
 G. 84. 
 what sold to satisfy, when debtor fraudulently conveys some lands and 
 
 retains others, 5 G. 84. 
 when payments applied to judgments rather than to bond debts, 7 G. 86. 
 forthcoming bond has force of, to create lien from time of its return to 
 
 clerk's office, 8 G. 179. 
 lien of, continues, in equity, though forthcoming bond forfeited, 8 G. 179. 
 in what order lands sold or encumbered by debtor subjected to lien of, 8 
 
 G. 179^10 6. 613. 
 creditoL- concluded by a decree though he has another suit against same 
 
 parties to enforce a prior lien, 8 G. 179. 
 when a lien on lands in purchaser's hands, though not docketed and ex- 
 ecution enjoined, 9G. 131 ; see 2G. 44. 
 lien of, not defeated by discharge of debtor as a bankrupt, 10 G. 580. 
 valid against purchasers though not recorded, when, 10 G. 580. 
 prior unrecorded deed of trust void as to subsequent, 10 G. 580. 
 when a lien on equity of redemption in land against subsequent purchaser, 
 
 10 G. 612. 
 when damages on dissolution of injunction to, embraced in lien of, 10 G. 
 
 612. 
 to what Ijen of, on a bond extends, if payment delayed by injunction until 
 
 amount due exceeds penalty of bond, 10 G. 612. 
 how satisfied if some of the land on which it is a lien is conveyed by deed 
 
 of trust, 10 G. 164. 
 
JUDGMENT. 339 
 
 JUDGMENT, Lien of, Continued. 
 enures to benefit of surety on forthcoming bond who pays the debt, 11 G. 
 
 522. 
 in Monroe county, a lien on lands in Bath county, wlien, 23 G. 880. 
 not affected by division of Virginia into two Statps, 23 G. 880. 
 as to priorities of docketed judgments over a deed of trust, 26 G. 72, 203. 
 stay law of 1866 did not relieve creditor from docketing, 26 G. 72. 
 act March 2, 1866, construed, 26 G. 72. 
 
 homestead deed and deed of trust void as to antecedent, 26 6. 705. 
 equities between vendor of land and, creditors of purchaser, 26 G. 737. 
 as to priority of, against deceased person before Code 1849, over simple 
 
 contract debts, 27 G. 789. 
 registry acts do not apply to parol contract for land, 28 G. 401. 
 equitable title not subject to lien of, 28 G. 401. 
 how time within which, is to be docketed computed, 28 G. 423. 
 docketed, but not properly indexed, a lien on lands in purchaser's hands 
 
 when, 28 G. 617. . ' 
 
 limited to interest of debtor in the estate, 28 G. 716. 
 proceedings and decree on bill to subject lands of principal and sureties 
 
 to. 28 G. 815. 
 what necessary before decree for sale of land to satisfy, 28 G. 815. 
 when surety paying, substituted to its lien against principal, 29 G. 338. 
 docketed within a year, prior lien to trust not recorded in sixty days, 29 
 
 G. 338. 
 when notice of a deed does not affect, creditor of grantor, 29 G. 338. 
 held a lien in this case against various deeds, 30 G. 299. 
 held not a lien against subsequent deed of trust, 30 G. 505. 
 creditor need not exhaust legal remedies before going into equity to sub- 
 ject lands to, 30 G. 515, 531. 
 land should not be sold until enquiry made whether rents will pay, in five 
 
 years, 30 G. 515. 
 when not necessary to make such enquiry, 30 G. 531. 
 not a lien against a parol contract for sale of land, 30 G. 665. 
 not a lien against deed of trust in this case, 31 G. 70. 
 when, on forthcoming bond a lien against subsequent purchasers, 31 G. 265. 
 when a lien on lands sold under parol contract. When not, 31 G. 304. 
 if several judgments obtained at same time are liens on a fund, they are 
 
 paid pro rata, 2 P. & H. 11. 
 what not suflScient evidence of notice of undocketed, by a trustee, to affect 
 
 cestui que trust with notice, 32 G. 225. 
 how enforced against the land of sureties, 30 G. 254 ; see 28 G. 815. 
 is revived by sci.fa. but not to act retrospectively, 2 C. 125. 
 how purchasers of land subject to a, liable in equity, 2 M. 305. 
 relates back to beginning of term at wliich rendered, 4 M. 539 ; 2 L. 268. 
 when not a lien on personal property, 4 M. 439. 
 judgment liens satisfied in equity according to priority in point of time, 1 
 
 L,140. 
 is a lien on equitable estate as well as legal estate, 1 L. 140 ; 2 L. 268. 
 
340 JUDGMENT— JURISDICTION. 
 
 JUDGMENT, Lien OF, Co)i(m«e(J. ^_, ' - T ,.„,,.. ' 
 
 lauds in hands of divers alienees liable pro rata to', 2'Ij. *425.''ii (!( ^i ., 
 lien of ca. sa. held not prior to commonwealth's, 2 L. 284. 
 sureties subrogated to benefit of, against principal and themsebrea in pref- 
 erence to attachments, 3 L. 272. 
 destroyed by CO. so. executed, 4 L. 425. ,. .<,!■■■ nj„ , , 
 
 purchaser of legal title takes land subject to, though' he lias no notice, 2 G. 
 
 419. 
 when service of ca. sa. on one defendant in a joint, does not discharge its 
 
 lien against others, 2 G. 419. '■■---« i,,;.,- 'j^r,;.,,:, ^ 
 
 held not a lien against conveyance to trustee for debtor's wife, 30 G. 255. 
 rights of, creditors against estate of a bankrupt, 30 G. 406. »r> ... , 
 lien of, confessed on first day of term, and of p^te j-ttdgnienA;poii^med on 
 
 the last day, is the same, 31 G. 580. •' ' — t'-ibn ..-,t. ' 
 
 when equity will sell lands to pay, before taking account of debts, 23 G. 
 
 83-5. ■-"• «..■:! .... 
 
 creditors of vendee may subject land subject to vendor's lien, 27.>G;922. 
 ' when court will sell land for purchase mpney, there being judgmehts 
 
 against it also, 31 G. 1. C''< p,j o c,.- ,„. 
 
 proper proceedings on bill to subject land to lien of, against two which is 
 
 good as to one but void as to the other, 33 G.'SSt:?. •■' ^ ?.\^,-.. _, . 
 land Imi aliened p-sl subject to; what lands subjected '^o raia, 33 G. 
 
 497; see 28 G. 815. ,-,., 
 
 what land first subjected to, in this case, 33 G. 567. ,^. 
 
 JUDICIAL POWEE OP THE UNITED , glATES. «>■• ■ 
 
 State courts cannot punish offences against acts of'Cdiii*^^' IV. C. 321 ; 
 
 2 V. C. 34. f;i,, ^' '*' •>' " • 
 
 meaning of "judicial power " as used in the Constitution, 2 V; C. 276. ' 
 JUDICIAL SALE; see Sale. ■•;:?., . ,, 
 
 JUDICIAEY; see Judges. ' "'""' !'''' '""•,;, 
 
 JURISDICTION; see Appeal; Court; Cnminai-Juris(M^ig^^fin(^ j^oeeedingi; 
 
 Equity ; Pleading. _ ;.,.j- „ ^ ' >'■ „ 
 
 of equity where fraud alleged, 1 W. 1}.^^..; .<,w; iy; <> ,,, ~ -;.. 
 
 of equity to settle accounts, 1 "W.145r' , • ;.<, .y^ j. , '-^ 
 
 consent cannot give original jurisdiction, 2 W. 213. '— . 
 
 under act of 1792, writ though againSt j6int 'aefep%^it^.,gould noilssne 
 
 from district court to another district, 1 C. 133. ~ - o ~' . 
 
 equity has, of a bill of disco very ; ho w pli^a to,'^-of QOttiJt of 9haiicery tried, 1 
 
 C.382. " ■"' ■ ■■ --; ■ 
 
 Court of Appeals has no original jurisdiction, 2 C. 389. 
 if writ for more than £30 and verdict for less. Court of Appeals has not, 2 
 
 C. 497. 
 Court of Appeals has, if matter^n dispute exceed $100, 3 C. 393. 
 Court of Appeals has no criminal jurisdiction, 3 C. 461. 
 when equity will relieve after a trial had at law, 3 C. 531. 
 Court of Appeals has, in criminal cases adjourned thither from General 
 
 Court, 4 C. 5. 
 
JURISDICTION. .. 841 
 
 JUEISDICTION, Coniinited. ,,;,'■ ""-■'/:<. 
 
 Court of Appeals has not, to.,award writ of error to a judgment of General 
 ^ Court, 4 C. 33. ' -- t . 
 
 , musfclje averred in all actions in courts of liniite^^^iitji.arit^, 4 C. 107. 
 equity and law in cases of fraud have concurrent, 4 C. 253. u ! 
 
 equity has, of claim for deficiency in land, 5 G. 236. ^,^ , ,_ 
 -declaration on charter party must show there was, in court contemning 
 ^ ship, 6 0.71. ,,,,„.^ 
 
 what' plaintiff must state in declaration to give Federal court, 6 C..241. 
 equity has, to grant an injunction to stay was^, .tjipugh statute gives a 
 ''remedy at law, IH. &M. 18. ' • ■ ^ 
 
 superior courts of chancery-have, to grant injunctions to judgments of all 
 ' "^"courts held in their districts, 1 H. & M. 499. , ^ 
 
 it is too late to object to, on account of delendant s hon-resfden,Ce.after issue 
 
 "■'•joined, 2 M. 240. , , " ' ' 
 
 quxre, can North Carolina executor heing in Virginia, tfe sued, here^fpr a 
 
 debt of his testator, 6 L. 299. . •■•■''.■. 
 
 •'^circuit court has, of penal hill for $100 couditioned'to iDaii>-'t47, 2 V. C. 215. 
 
 of State court when plaintiffe become bankrupt, 22 G. 195. 
 "''State court held to have, though TJ. S. court had iij)poiiitieda,;repeiyer, 22 
 
 G. 254. t , ,. ' 
 
 "State court has, to decide State Constitution id in'^lWatiOu.of United 
 States Constitution, 22 G. 266. » .r-^ - "" 
 
 of circuit court as to condemning land for internal improvement companies, 
 22 G. 437. '"■"* O'Johrr .,.,, , ^^^^^^ 
 
 " of court to hear cause at a special term, 22 G. 443. 
 " how suit dismissed if court has not, 12 G. 528. 
 
 action of county court in granting or refusing licerise' to sell liquor is final, 
 
 22 G. 454. ' *'"^ ^^' 
 
 in such case Court of Appeals will grant' prdhilEiiUioli to' circuit court inter- 
 fering, 22 G. 454. " ' 'S * 
 circuit court had, to try cause which was pending ifl district court of ap- 
 peals, 22 G. 458. , --' - -v cr 
 as to jurisdiction of court of conciliation, 22 G. 780. ' ""' ■ '* 
 when release of part of verdict a fraud on, of Court of Appeals, 22 G. 593. 
 Court of Appeals has, to try title of ten^%^ ekgit-, 22 G, 202"." " ■■"''"« 
 mayor of Lynchburg has, of petit larcenies, 22 G, 912. ' ■ '^"' '=* ^ot 
 when presumed. "When it must appear on the record, 28 G. 872. 
 when judgment of United States cou#fitvMia Mbwant of, SO'G^. TO8. . 
 • objection to, may be taken at hearing'bf 6aiuse^TSiliiea,f,,ll G.'BSSf"'*'' st, 
 proceedings on bill of review if decree reversed for want of, 25''^.'"203. 
 State court can punish offence againfe1J'SfeAf!4aw:j.#ijough.it is also against 
 
 law of United States, 18 G. 933. ' '«>-■-. ^,j> j.,,. 
 
 State court can punish offence of atterapting toj^fia^) pfS?^^. note of na- 
 tional bank, 18 G. 933. ' ■"' «"■ e' j. 
 ' in what court prisoner "held to answer" in meaning of the etatute, 19 
 G. 478. 
 when prisoner may be discharged for failure to prosecute, 19 G. 478. 
 
342 JURISDICTION— JUEY. 
 
 JURISDICTION, Continued. 
 trial of felony must be in corporation coni*> when, 20 G. 860. 
 corporation court has not, to try party indicted in county court, 20 G. 845. 
 Hustings Court of Richmond has, to try ofleiice committed by proceedings 
 
 in county and circuit courts of Henrico county, 20 G. 733, 800. 
 when court may send to another county for jurors, 20 G. 800. 
 onus is on party appealing to show, 33 G. 37. 
 county or corporation court has no, to try indictment for second offence of 
 
 petit larceny, 16 G. 499. 
 prisoner discharged for want of, in court may be tried again, 20 G. 84-5. 
 circuit .courts have, of writs of quo warranto, 33 G. 443. 
 meaning of " matter of controversy " in Art. VI of Constitution in refer- 
 ence to, of Court of Appeals, 33 G. 37. 
 when Court of Appeals has, if plaintiff's claim not less than $500. When 
 
 not, 33 G. 37 ; see 32 G. 288. 
 JURY; see Qrand Juror; Trial; Verdict. 
 should decide weight of testimony, 1 W. 87, 203 ; 1 C. 405, 412, 561 ; 1 H. 
 
 &M. 563; 2M.478. 
 upon an inquest of office might be more or less than twelve before act of 
 
 1794, 2 W. 154. 
 illegal or improper evidence however unimportant never confided to, 2 W. 
 
 276 ; 1 M. 288. ^ 
 
 qusere, if on petition for a mill conrt can try title without a, 1 C. 329. 
 may find special verdict and assess damages in a writ of right, 1 C. 429. 
 accused has right to challenge juror for cause before he is sworn, 1 L. 598. 
 accused has absolute right to challenge any juror peremptorily before he 
 
 is sworn, 5 L. 707. 
 on inquiry as to identity of convict he cannot challenge peremptorily per- 
 son called as juror, 2 Rob. 845. 
 what not misconduct on part of a juror, 2 V. C. 510. 
 separation of, at end of term does not operate as a discbarge of prisoner, 1 
 
 V. C.319. 
 what separation of, before any evidence was given no ground for new trial; 
 
 2 L.745. 
 what separation of, after verdict, ground for new trial, 7 L. 751. 
 court can discharge, and have prisoner tried again, when, 9 L. 613 ; 2 G. 
 
 567. , , 
 
 when court cannot dischaige, without prisoner's- consent, 2 G. 567. 
 in trial for capital offence record need not state jurors apre freeholders^ 4 
 
 L.679, 
 what no ground for setting aside verdict, 6 L. 615, 
 
 circuit court can compel venireman to be sworn on hns mir dirt, 10 L. 678. 
 jurors need not be kept together until whole number is elected and sworn, 
 
 11 L. 714. 
 after what statement by juror no further questions should be asked him, 
 
 1 Rob. 735. 
 question as to idem sonam in case of rape is for the, 2ft G. 825. 
 
JURY. 343 
 
 JUEY, Continued. 
 court cannot be asked to instruct, to find for the defendant though plain- 
 tiff not entitled to a verdict, '2 C. 514. 
 declaration may be amended after a trial and a juror withdrawn, 3 C. 522. 
 new trial granted because juror misunderstood testimony and its applies^ 
 
 tion to the law^ 4 C. 84. 
 new trial not granted on affidavit by jurors that information given by a 
 
 juror influenced their verdict, 1 H. & M. 385. 
 new trial not granted because juror not allowed to be withdrawn, 1 E. 39. 
 verdict set aside because, separated without leave of court before verdict, 1, 
 
 L. 455. 
 what separation of some of the jurors no ground for setting aside verdict, 
 
 6 L. 1 ; 11 L. 633, 714. 
 1 E C. ch. 75 J13 as to jury de mediatale linguss, construed, 11 L. 690, 711. 
 when testimbny of jurors received to prove they rendered verdict under a 
 
 mistake, 6 G. 219. 
 when verdict not set aside on testimony of some of, 6 Gr. 287. 
 how, selected after panel completed and prisoner has struck off eight, 15 
 
 G. 634. 
 what the writ of /en" /acias must command, 19 G. 640- 
 under which lay! fieri facias should issue in these cases, 20 G. 733, 800 ; 21 
 
 G. 846. 
 how many names list should contain, 21 G. 871. 
 when member of grand, not a competent juror, 12 G. 689 ; 15 G. 634. 
 objection to juror that he is not qualified must be before he is sworn, 8 6. 
 
 637. 
 it is a good objection to juror in felony case that he is not a freeholder, 9 
 
 G. 727. 
 what does not cure improper overruling of exceptions to juror, 9 G. 727. 
 who improper juror on trial for arson, on account of relationship, 10 G. 
 
 690. 
 juror lailing to appear on day to which^summoned put on, afterwards, 
 
 when, 10 G. 658. 
 juror may be' set aside at any time before prisoner exercises his right of 
 
 challenge, 10 G. 658. 
 when court may and may not, of its own motion set aside juror, 10 G. 767. 
 if competent juror set aside prisoner may have judgment reversed, 10 G. 
 
 767. 
 how additional jurors summoned when original venire exhausted, 10 G. 658. 
 when array of, cannot be challenged though venire changed, 2 V. C. 162. 
 what good cause for challenge of a juror, 2, V. C. 297, 375 ; 11 L. 657 ; 1 
 
 Eob. 735. 
 erroneous overruling of challenge to juror not cured by his subsequent ex- 
 clusion, when, 2 V. C. 297. 
 what no cause of challenge to juror, 2 V. C. 375; 5 E. 659; 2 L. 769 ; 3 L. 
 
 780 ; 5 L. 707 ; 9 L. 651 ; 1 Eob. 735 ; 2 Eob. 771 ; 2 G. 564. 
 how objections to jurors made, what questions juror need not answer, 2 
 
 V. C. 375. ■ 
 
344 JURY. 
 
 JURY, Continued. 
 
 when may take deposition that has been read to them, 25 G. 495. 
 
 juror in criminal case must be a freeholder, when, 3 G. 599. 
 
 act of February 24th, 1846, as to, in felony cases applies to all cases tried 
 
 "after list passage, 3 G. 602. 
 what opinions formed and expressed will not disqualify juror in a trial for 
 
 felony, 2 G. 564 ; 5 G. 676 ; 6 G. 696 ; 7 G. 593, 619 ; 10 G. 658, 767. 
 jurors selected in trial for murder not committed to sheriff until panel 
 ." compltrted, 5 G. 676. ?a..',-- , 
 
 when-whole panel set aside and another venire faciaa diijected, 5 G. &T&.' 
 finding defendant guilty on information for doing business without a li- 
 
 cease, should assess his flue, 5 G. 697. 
 what no valid objection to juror on second trial of tiause, 7 G. 593. 
 in fcHsfes of misdemeanor court can discharge, without defendant's bonseht, 
 
 7 G. 662. 
 in murder trials court cannot set verdict aside because, decided against or 
 
 without evidence, 3 G. 566. » „i . , ~ ■,' 
 
 ■ jurOr ^ets one dollar for each day he attends, 7 G. 673, ' • •'- 
 what not ground of challenge for cause, by commonwealth on a trial for 
 
 murder, 8 G. 606. '' '•"'' 
 
 what' not misbehavior in, which entitles prisoner.toa new trial, 8 G. 637. 
 if, left by sheriff in company of other persons, new trial awarde&J S G. 712. 
 when court may receive statements from, as to verdict, 17 G. 427.- • ■ 
 in felony cases juror need not own property, 16G.>5<iO-,„ , . ,. " 
 
 ajuror is not disqualified though over sixty years of age, 16 G. 519.- '^i 
 person qualified to vote is a competent juror though he cannot hold office, 
 
 ■ -^IG. 871. ' 'i 
 objection to irregularity of forming; when it must be made, 16 G. 64. 
 Code 1860 ch, 162 §4 as to challenges, relates oply to statutory disabilities, 
 
 12 G. 689. '' '.'■ ■■'■'■• \ ■ .^■ 
 
 it is principle cause of challenge that juror was on grand, 15 G. 634. 
 authority of judge as to custody of, 19 G. 485. ' ■ "■ 
 , evidence of jurors not admissible to impeach tfieir verdict, 22 G. 924. 
 
 as to competency of juror in a murder case, 23 G. '91& :' 25 G. 921,, 
 ^ who is a qualified juror, 24 G. 602. 
 as to sumpioning, out of county, for criminal trial in corporation court, 24 
 
 G. 602. " "' ''^ ''"'■ ■' ■■ 
 
 as to competency of jurors in trial for felony, 27 G, 954. 
 jurors may be summoned from another county to try issue of autrefois acquit, 
 
 27 G. 954. ' "" ^'"" ' 
 
 new trial granted for mistake of jurors in finding verdict, 1 W. 79 ; Wy. 
 
 133,253. 
 weight of affidavit of juror after verdict thaljjjie mistook the law, 2 P. i& 
 
 H. 107. ' " '' ' ■■- 
 
 statements made tojuroraftei' trial no ground forjjuew, trial,- 2'Pi&H,107. 
 province of, as to ascertaining terms of>a coatrEdQitj JS G. 1. - ■■->, nv. 
 how should estimate damages in case for shooting plaintiff, 33 G.?136. 
 
JURY— JUSTICE OF THE PEACE. 345 
 
 JTJEY, Continued. 
 
 when too late to object that same, tried case and fixed value of improve- 
 ments, &c., 33 G-. 278. 
 
 objection that juror had not paid capitation tax no ground for new trial, 
 when, 33 G. 766. 
 
 negro on trial for murder not entitled to a mixed, 33 Gr. 845. 
 
 what language in venire facias in case of felony not error, 33 G-. 766, 807. 
 JURY DE MEDIATATE LINGUAE ; see Jury. 
 JUS PUBLICUM ; see Ad QMd Damnum ; Inquisition. 
 JUSTICE OF THE PEACE. 
 
 when cannot admit prisoner to bail, 3 G. 78. 
 
 when can rightfully act as agent of examining court in taking recogni- 
 zance of bail, 3 G. 78, 204. 
 
 jurisdiction of, to give judgment against constable and sureties for his 
 failure to pay over money, 3 G. 188. 
 
 governor may commission some, of those recommended by county court as 
 justices, and decline to commission others, 4 G. 281. 
 
 when person commissioned, may take oaths of office before, 4 G. 281. 
 
 no objection to establishment of landing that, who was then on the bench 
 was benefitted, 10 G. 12. 
 
 need not be so styled in commission to take privy examination, 2 W. 156. 
 
 jurisdiction of, or mayor, in case of claim to freehold in street, 15 G. 528. 
 
 having as coroner committed a person for felony may certify such fact, 10 
 G. 658. 
 
 when appeal lies to judgment of, and if refused a mandamus issued, 11 G. 
 292. 
 
 should be removed from office for intoxication, 4 H. & M. 522 ; 1 V. C. 156, 
 308. 
 
 act of 1778 authorizing governor to remove, unconstitutional, 1 V. C. 16. 
 
 felsely issuing warrant, guilty of malfeasance and may be removed, 2 V. 
 C. 130. 
 
 what indictment for misbehavior in office should charge, 2 L. 709. 
 
 accepting office under United States thereby vacates his office, 4 L. 643. 
 
 44 
 
346 LACHES. 
 
 L. 
 
 liACHES ; see Lapse of Time. 
 
 party guilty of, not relieved in equity against a landlord, 5 L. 359. 
 
 sureties not relieved in equity against judgment as they were guilty of, 5 
 L. 364. 
 
 party who might have defended himself by plea of non est factum or fraud 
 not relieved in equity, 7 L. 157. 
 
 parly not making defence at law not relieved in equity, 7 L. 227, 238 ; 1 P. 
 &H. 141. 
 
 suit-barred by lapse of time and remissness in prosecuting it, 7 L. 452. 
 
 recovery for counterfeit note refused because of negligence of plaintiffs, 7 
 L. 617. 
 
 plaintiff refused relief because guilty of, 8 L. 114. 
 
 equity will not relieve against judgment at law only because great injus- 
 tice done, 9 L. 478. 
 
 bill dismissed because of lapse of time and absurdity of circumstances, 1 
 . Rob. 161. '^ 
 
 claim not barred by the delay in this case, 1 Gr. 158. 
 
 bill filed by one partner against administratrix of other nine years after 
 dissolution of firm not too late, 1 Gr. 391. 
 
 no bar to vendor retaining title, in suit to recover purchase money, 2 G.88. 
 
 delay in prosecuting cause will not prevent its revival and prosecution, 4 
 
 • G. 348. 
 
 ■Ti^hat, of distributee will not exempt an administrator's estate from ac- 
 count, 5 Gr. 384. 
 
 relief refused in equity on account of, and lapse of time, 7 Gr. 112, 177. 
 
 when creditor not named in deed of trust not barred by delay in asserting 
 . . claim, 7 G. 476. 
 
 when cmerture no excuse for delay in bringing suit, 23 G. 212. 
 
 by what, creditor of partnership may lose remedy against estate of de- 
 ceased partner, 12 G. 499. 
 
 when creditor barred by, from recovering debt, 13 G. 339. 
 
 wliich prevent recovery, must afford presumption of satisfaction or aban- 
 donment of claim, 13 G. 354. 
 
 stale claim rejected because of, 17 G. 349, 544. 
 
 doubtful questions-decided against party on account . of his, in settling 
 partnership, 17 G, 321. 
 
 bill as to land warrants dismissed for, and lapse of time, 17 G. 96. 
 
 what, of a party in a pending suit will not conclude him, 18 G. 53. 
 
 what, prevent relief from a decree, 18 G. 364. 
 
 in prosecuting suit in equity excused, when, 19 G. 74. 
 
 account of administrator surcharged after lapse of twenty-four years, 2 P. 
 
 & H. 71. 
 constructive trust not enforced after twenty years if there was no fraud, 
 
 2 P. & H. 462. 
 
LACHES— LAND. 347 
 
 LACHES, Continued. , 
 
 liability of sheriff and sureties not affected by delay in suing, -when, 33 G. 
 
 361. 
 LAND ; see Boundaries ; Compensation ; Deed ; Deed of Trust ; Deficiency ; 
 
 DeHnqaemt and Forfeited Land ; Grant ; Judgment ; Lien ; Possession ; 
 
 Purchaser ; Sale ; Survey ; Taxes ; Title ; Vendor and Vendee. 
 a reasonable degree of strictness required iu entries for, 1 C. 206. 
 purchaser of^ by the tract cannot recover for deficiency, 1 C. 301. 
 to annex slaves to, it was necessary that co-extensive estates be given in 
 
 both, 1 C. 338. 
 equity will relieve against bond to secure title to, though consideration not 
 
 expressed in it, 1 C. 533. 
 from what time judgment binds, 2 C. 125. 
 
 qusere, who is a competent witness in a ^uit as to title to, 2 C. 379. 
 judgment of board of commissioners under land law conclusive even against 
 
 infant plaintiff, 2 C. 440. 
 wife not entitled to third of money received for, sold during cmierture, in 
 
 lieu of dower, 3 C. 13. 
 how damages caused by eviction of purchaser with warranty, adjusted, 3 
 
 C. 320. 
 , bargainee can convey, though bargainor remain in possession after convey- 
 ance, 3 C. 362. 
 waste, before Revolution was granted by order of council or by warrant 
 
 from governor, 4 C. 21. 
 will devising, in Virginia may be proved in this State though declared void 
 
 iu another, 4 C. 89. 
 act 1779 adjusting pay of soldiers, only restrained future entries, 4C. 268. 
 what, could and could not be granted under treaty of 1763 and act of 1783, 
 
 4 C. 268. 
 
 when location of, created an inchoate right, 4 C. 462. 
 
 case of election as to which of certain located, party will take, 4 C. 462. 
 
 when purchaser entitled to deduction from purchase money for deficiency 
 in, 4 C. 489. 
 
 act for sale of, of infant not obtained by fraud is valid, 4 C. 514. 
 , equity will not relieve for deficiency ^in, sold at a fixed price, 5 C. 1. 
 
 British subject born before Revolution could not before treaty of 1794 in- 
 herit, in this country, 5 C. 160. 
 
 purchaser of, relieved for deficiency if seller knew it at time of sale, 5 C. 
 236. 
 
 party compelled to pay value of, to which he could not make title, 5C. 241. 
 
 when sale of, by one.executor under power to sell given to executors is void, 
 
 5 C. 248, 407. 
 
 if owner of, sees it sold without disclosing his title his right is forfeited, 5 
 
 C 463. 
 person in State may be decreed to make a deed of, or cancel fraudulent 
 
 conveyance of, out of State, 1 H. & M. 5. 
 vendee of, warranted who is evicted should recover of vendor purchase 
 
 money, interest and costs, 1 H. & M. 202. 
 
348 LAND. 
 
 LAND, Continued. 
 
 act preventing buying pretensed titles constrned, 1 W. 38. 
 
 person in possession may buy rights of others, 1 W. 38. 
 
 if, forfeited when title saved, 1 W. 38. 
 
 warrant not issued for, revested in commonwealth for non-payment of quit- 
 rents, 2 R. 353. 
 
 priority of title will draw to it priority of relation, 1 W. 38. 
 
 purchasers of legal title not affected by latent equity, 1 W. 38. 
 
 notice of equitable lien on, by vendor to purchaser, 1 W. 38. 
 
 after acquired, may pass by will since Jan. 1, 1787, 1 W. 75 ; 3 C. 289. 
 
 ■when lessor may recover rent though he have no title, 1 W. 87. 
 
 damages to, by mo'rtgagee deducted from amount due him, 1 W. 162. 
 
 when freehold only passes under a will, 1 W. 300. 
 
 ■when purchaser with notice allowed for improvements, 1 W. 336. 
 
 act of 1779 as to pre-emption rights construed, 2 W. 43. 
 
 grant relates back to, warrant. Its effect, 2 "W. 106. 
 
 grant of, refused when there is unreasonable delay in completing title, 2 
 "W. 121. 
 
 what, on Northern Neck not liable to be located, 2W. 116. 
 
 vendor who has not conveyed, or taken security, has lien on, 2 "W. 141. 
 
 title under warrant not affected by surveys containing too much, 2 W. 116. 
 
 action of covenant respecting, will lie against executors though not ex- 
 pressly named, 2 W. 155. 
 
 quxre, whether under act 1792 devise of, not in testator's possession is good, 
 1 C. 127. 
 
 what is purchase of, by metes and bounds, 4 11. (STM. 184. 
 
 ■what proper course in suits to subject land in possession of heirs to pay- 
 ment of debts, 4 H. & M. 443. 
 
 warrant cannot be laid on, as waste in possession of person holding a 
 patent, 2 M. 257. 
 
 what a sale by the acre and not in gross, Gil. 159. 
 
 when not considered in equity as personal estate. When proceeds of, so 
 considered, 2 E. 120. 
 
 inchoate right to land held by entry and survey only is real estate, 2 R. 206. 
 
 warrants and surveys of, may be assigned, but not entries, 2 R. 206. 
 
 as to discretion of chancery courts in decreeing sales of, on credit, 6 L. 196. 
 
 equity should not decree sale of equitable title of, but of legal title, 6 L.53S. 
 
 qusere, whether sold by the acre or in gross, 8 L. 9. 
 
 what deemed an acceptance of conveyance by vendee of, 8 L. 658. 
 
 mistake in description of, in deed corrected in equity, 9 L. 556. 
 
 to what suit for damages report of commissioners who condemn, a bar, 20 
 G. 344. ' 
 
 ■who is tenant of the freehold who must have notice when, is condemned, 
 
 20 G. 484. 
 what considered correct call in patent in this case, 13 G. 527. 
 ■when patent for, forfeited for taxes invalid, 14 G. 30. 
 if grantee in patent dead when patent issued it is void, 16 G. 59. 
 how boundaries of, determined by entries and surveys, 13 G. 468. 
 
LAND. 349 
 
 LAND, Omtinued. 
 held not forfeited for taxes in this case, 13 G. 452. 
 what possession sufficient to defeat statute as to forfeiture for taxes, 14 G. 
 
 489. 
 when forfeiture of, for taxes becomes complete, 15 G. 190. 
 as to forfeiture of, for taxes under act of Congress, 18 G. 100. 
 what not adversary possession of interlock. When patent passes title to, 
 
 22 G. 378. 
 what will sustain defence of adversary possession against claimant under 
 
 a patent, 22 G. 378. 
 family traditions not evidence as to title. When entry on, not necessary, 
 
 22 G. 378. 
 what possession under former law rendered conveyance by party out of 
 
 possession inoperative, 22 G. 378. 
 lapse of, evidence on, J. 10. 
 lapse of, of infants before 11 Ann ch. 4, J. 18. 
 lapse of, seating, within what time prevents it, J. 19. 
 legal title to, not divested by return of deed of bargain and sale to grantor 
 
 to be cancelled, 2 P. & H. 339. 
 to constitute a charge on, for payment of legacies testator's intention must 
 
 be clear, 2 P. & H. 11. 
 how value of, for which agent must account ascertained, 5 G. 39. 
 when equity should not charge proceeds of testator's, with debts, 23 G.780. 
 what sale of, proper in this case, 23 G. 893. 
 sale of, should not be decreed until Uens and their priorities ascertained, 
 
 25 G. 104. 
 when error to decree sale of, in suit by vendor's administrator to subject it 
 
 for purchase money, 25 G. 448. 
 when owner of legal title should be made a party to suit before a decree of 
 
 sale of, 28 G. 815. 
 when court may sell, out of State if conveyed by a deed of trust, 28 G. 850. 
 conveyance of, presumed from long continued possession, when, 33 G. 429. 
 principles on ^hich equity proceeds to sell debtor's, to pay his debts, 33 
 
 G. 567. 
 subjected to pay money borrowed to pay for it, against children to whom 
 
 it was given by a marriage settlement, 33 G. 651. 
 ward may sue guardian in county where latter resides for proceeds of, sold 
 
 in another county, when, 33 G. 663. 
 guardian cannot use principal of ward's, for his support, unless authorized 
 
 by court to do so before it is expended, 33 G. 663 
 when paxty in possession of, allowed for improvements but must account 
 
 for rents and profits, 33 G. 685. 
 error to decree sale of infant's, without answer filed by guardian ad litem, 
 
 33 G. 548 
 error to decree sale of, of surety to pay debt, before full enquiry as to 
 
 whether principal had not land primarily liable, when, 33 G. 548. 
 IcANDLOED AND TENANT; see Lease; Possession; Bent. 
 tenant who enjoyed land cannot deny landlord's title, 1 W. 340. 
 
350 LANDLORD AND TENANT. 
 
 LANDLORD AND TENANT, Continued. 
 in ejectment if parties consent landlord may -waive right to be made a 
 
 party, 2 C. 498. 
 ■what action by landlord no eviction or release of original tenant, 3 H. & 
 
 M. 463. 
 illegal search for stolen goods by a landlord of tenant at will makes him a 
 
 trespasser db initio, Gil. 221. 
 landlord, lessor, bound to pay paving tax in this case, 2 L. 178. 
 v?hat act of landlord deprived him of benefit of his contract with tenaiit, 
 
 4 L. 484. 
 against landlord party not entitled to relief in equity in this case, 5 L. 359. 
 if land is leased for a fixed time off-going tenant not entitled to way-going 
 
 crop, 2 Rob. 606. 
 what surrender of possession by tenant not an eviction to release him from 
 
 rent, 3 G. 91. , 
 
 landlord's lien for rent — when it exempts goods and chattels irom execu- 
 tion, 3 G. 125. 
 for what landlord may distrain in this case of lease of salt works, 7G. 121. 
 when if in unlawful detiiuer defendant sets up title in himself, plaintiff 
 
 may prove defendant entered under parol lease from him, 8 G. 58. 
 tenant holding over after lease expires and conveying part of land in fee, 
 
 landlord may recover in unlawful detainer against both, 9 G. 220. 
 what land recovered. What judgment should be. No notice to quit to 
 
 grantee required in such case, 9 G. 220. 
 tenant cannot deny boundaries named in lease, or introduce evidence of 
 
 title of land, 9G.220. 
 tenant holding over became tenant from year to year. When a tenant at 
 
 sufferance, 9 G. 220. 
 what necessary to dissolve the connection as ; tenant could not set up ad- 
 verse title or deny possession of landlord, 9 G. 220. 
 when tenant can disclaim holding under landlord and set up adverse title ; 
 
 cannot deny tenancy, 10 G. 231. 
 obligation of tenant to pay rent ceases if he is deprived of leased premises, 
 
 when, 22 G. 109. 
 what constitutes an eviction of a tenant, 22 G. 109. 
 when tenant not concluded from contesting title of his former landlord, 
 
 10 G. 405. 
 
 proceedings upon a distress for rent reserved in other things than money, 
 
 11 G. 411. 
 
 what agreement by tenant constitutes him a tenant at will or. by suffer- 
 ance, 11 G. 527. 
 
 tenant claiming ,to hold adversely to landlord not entitled to notice to quit, 
 11 G. 527 ; 24 G. 332. 
 
 what a waiver by lessor of forfeiture of a lease by tenant, 13 G. 278. 
 
 when landlord selling land in possession of tenant proper party to bring 
 unlawful detainer against him, 11 G, 527. . 
 
 when tenant not estopped to question landlord's title, 15 G. 279. 
 
LANDLORD AND TENANT— LAPSE OF TIME. 351 
 
 LANDLORD AND TENANT, C&ntinued. 
 it is a mere presumption of law that tenant holding over is tenant from 
 
 year to year, which may be rebutted, 18 Gr. 475. 
 when ch. 135 ?36 Code 1873 does not apply to ejectment by lessee, 23 G. 
 
 331. 
 when tenant in possession a sufficient party to action of ejectment, and 
 
 landlord bound, 23 G. 331. 
 in unlawful detainer by landlord tenant may show he had conveyed land 
 
 to another, 23 G. 352. 
 lessee cannot question title of lessor in suit by lessor's vendee for the land, 
 
 23 G. 352. 
 when possession of tenant possession of landlord. When tenant can set 
 
 np adverse title against landlord, 24 G. 332. ' 
 when lien of deed of trust on tenant's furniture prior to that of landlord 
 
 for rent, 27 G. 210. 
 lease in this case construed. Time alloVed tenant to repair, 27 G. 639. 
 landlord may come in and defend ejectment against tenant, 32 G. 107. 
 law implies a tenancy if there is ownership of laud on the one hand and 
 
 occupation by possession on the other, 32 G. 107. 
 LAPSE OF TIME; see Laches. 
 a bar to bill for specific performance if there has been no part performance, 
 
 5 C. 514, 
 when act of limitations does not apply nor presumption of payment, 1 L. 
 
 525. 
 bars motion in this case against sheriff for poor rates, 2 L. 580. 
 during coverture no bar to wife's impeachment of deeds, when, 2 L. 11. 
 no bar to bill to surcharge administrator's account, when, 3 L. 348. 
 when payment of legacy by executor not presumed from, 3 L. 348. \ 
 when division of slaves confirmed by, 5 L. 88. 
 
 demand of account of administration after a great, held stale, 5 L.149, 164. 
 bill to subject lauds descended to heir held stale in equity, 7 L. 452. 
 bill dismissed because claim not filed in reasonable time, 9 L. 393. 
 plaintiff given relief after, excuse being for the delay, 10 L. 284. 
 question as to long possession of chattels by donee as against creditors, 11 
 
 L. 136. 
 during which ward is prosecuting claim against administrator of guardian, 
 
 no defence to surety of guardian, 3 G. 342. 
 when no bar to recovery of ground rents, 4 G. 1. 
 when residuary legatee barred by, though another suit pending by another 
 
 legatee, 6 G. 405. 
 relief refused in equity on account oflaches and, 7 G. 112, 177. 
 when claim by widow of owner of slaves not barred by, 10 G. 184. 
 when suit for an account of an ladministrator not barred by, 10 G. 300. 
 delay in prosecuting suit for twenty-three years no bar, when, 11 G. 364. 
 in whose favor, is thrown in controversies as to matters long since past, 11 
 
 G 615. 
 'delay of seventeen years by specific legatee to sue for his legacy no bar to 
 
 his claim, 11 G. 724. 
 
352 LAPSJE OF TIME— LARCENY. 
 
 LAPSE OF TIME, Continued. 
 
 legatee not barred by, under the circumstances of this case, 23 G. 200. 
 
 when coverture no excuse for delay in bringing suit, 23 G. 212. 
 
 demand for an account and relief refused because of, 12 L. 610 ; 23 G.212. 
 
 delay of six years held to bar claimant from relief, 28 G. 356. 
 ; held no bar to recovery of claim in this case, 29 G. 756 ; 30 G. 565. 
 
 does not protect delinquents -when demand is fixed and certain. When it 
 does protect them, 2 P. & H. 169. 
 
 pendency of creditors' suit rebuts presumption of payment arising from, 
 when, 2 P. & H. 169. 
 
 boundary line confirmed by, and acqniesence of parties, 2 P. & H. 189. 
 
 decree of court of another State for conveyance of laud in Virginia not en- 
 forced after thirty years, 2 P. & 11. 255. 
 
 vendor's lien not affected by, not sufiicient to raise a presumption of pay- 
 ment, 33 G. 186 ; see 3 G. 232. 
 
 mortgage not affected by, not sufficient to raise a presumption of payment, 
 33 G. 617. 
 LARCENY ; see Cnminal Jurisdiction and Proceedings. 
 
 obligor may commit, in taking a bond. What a taking with intent to com- 
 mit, 10 G. 758. 
 
 act 1 E. C. ch. 154 i8 as to, of bank note construed, 2 V. C. 342. 
 
 if goods stolen in one county and carried to another, thief may be indicted 
 in either, 2 L. 708. 
 
 felonious intent necessary to constitute, 4 L. 689. 
 
 when obtaining chattel under pretence of borrowing it is, 7 L. 752. 
 
 clerk in store taking money or goods is guilty of, 8 L. 743. 
 
 what errors indictment for, of bank notes under act of 1806 not cured by 
 act of jeofails, 2 V. C. 122. 
 
 what sufiicient averments in indictment for, of banl^ notes, 2 V. C. 154, 228. 
 
 what indictment for, at common law need not aver, 2 V. C. 135. 
 
 notes produced in evidence must correspond with allegatior^ of indict- 
 ment, when, 2 V. C. 342. 
 
 indictment for, must state in whom property is and proof must correspond, 
 2 V. C. 396. 
 
 warrant and examination support an indictment for, in this case, 1 Rob. 691. 
 
 what omissioi^ in indictment for second offence of, no ground for revers- 
 ing judgment, 1 Rob. 754. 
 
 allegata and prohaia did not agree in this trial for, of a slave, 1 V. C. 14. 
 
 on conviction of, of money, court should not give judgment against pris- 
 oner for th^ amount, 1 V. C. 145. 
 
 when genuineness of note stolen need not be proved, 2 V. C. 128. 
 
 in trial for, of bank notes charters of banks need not be proved, 2 V. C. 342. 
 
 P, act February 21, 1823, does not extend to grand, 2 V. C. 384. 
 
 on trial for, of a watch proof of another, of a clock not admissible, 1 L. 574. 
 
 person may be convicted of, and sentenced on one count and acquitted on 
 another, 2 V. C. 396. 
 
 in what the offence consists. What not the essence of the crime, 2 V. C. 
 396. 
 
LAKCENY— LAWS. 353 
 
 LAECENY, Continued. 
 
 if person indicted for grand, and jury convict of petit, verdict is sufficient, 
 6 E. 667. 
 
 ii^ indictment for, of bank notes it is not necessary to produce them on 
 the trial, 2 L. 701. 
 
 no writ of error lies to conviction of free negro for grand, Tvhen, 5 L. 740. 
 
 when verdict on two counts and imprisonment for five years, good, 1 Bob. 
 754. 
 
 free negro or mulatto must he tried for, to value of $20 by a justice, 2 Kob. 
 842. 
 
 what necessary to constitute, in finder of lost goods, 13 G. 757; 14 Gr. 635. 
 
 party borrowing and keeping gun held guilty of, 13 G. 803, 
 
 name of owner must be stated in indictment for, 17 Gr. 565. 
 
 if person stated to be owner of goods is married woman prisoner acquitted 
 17 G. 565. • ' 
 
 in, there must be proof that property stolen was property of person stated 
 in indictment, 17 G. 563. 
 
 when burden on prisoner; when on commonwealth.' What possession raises 
 presumption of, 21 G. 846. 
 
 if party charged with, proved to have received property stolen it is suffi- 
 cient, 21 G. 846. 
 
 when verdict m, sufficient. "What mere surplusage in verdict, 23 G. 941. 
 
 what insufficient indictment for stealing bank notes, 23 G. 949. 
 
 what grand, under the statute. When facts certified do not sustain ver- 
 dict, 24 G. 555. 
 
 proof that accused obtained money by false pretences will sustain indict- 
 ment for, 24 G. 563. 
 
 what not, of a check given for payment of a warrant, 24 G. 563. 
 
 proceedings before justice on trial tor pelU, ani on appeal to county court, 
 24 G. 618. 
 
 when prisoner may be found guilty of, on indictment for burglary, 25 G. 
 908. 
 
 when prisoner guilty of obtaining money by false pretences ; when not, 25 
 G. 965; 28 G. 912. 
 
 obtaining money by false pretences is; charge of clerk in such case, 25 Cr. 
 965. 
 
 as to effect of having possession of stolen goods, 2^ G. 969. 
 LAWS ; see Constitutional Law ; Statutes. 
 
 deed of emancipation made in Ohio void unless recorded under Virginia, 1 
 E. 15. 
 
 States of the Union are foreign to each other as to municipal, 2 W. 282. 
 
 decisions of foreign courts as to their own, are respected though not bind- 
 ing here, 2 W. 282. 
 
 of country where contract is made governs if not to be performed else- 
 where, 2 W. 282. 
 
 act of 1748 concerning bills of exchange not repealed until October 1, 1793, 
 1 C. 394. 
 
 whim State, cease to operate because of a statute of the V. S., 6 C. 245. 
 * 45 
 
354 LAWS— LEASE. 
 
 LAWS, Continued. 
 
 what, Declaration of Independence did and did not abrogate, 6 C. 245. 
 
 what the laws order any one to pay instantly becomes a debt, 6 C. 245. 
 
 of States as to legislative power retained by them, not altered by constitu- 
 tion of the V. S., 6 C. 245. 
 
 act of February 1, 1808, applied to sale of mortgaged land by commission- 
 ers in chancery, 5 M. 423. 
 
 what a sufficient authentication of, of another State, 5 E. 126. 
 
 party relyingon foreign, need only producecopy of partof thelawhewants, 
 5 R. 126. 
 
 of IT. S., not in force in Confederate States during the war, when, 24 Q. 1. 
 
 as to payment of debts and interest by alien enemies, 27 G. 511, 541; 28 
 G. 207, 832. 
 
 as to property taken for use of lunatic asylum during war, 27 G. 163. 
 
 effects of war as to contracts* between citizens of belligerent powers, 28 G. 
 832. 
 
 person held free in Virginia by virtue of, of Maryland, 1 L. 172. 
 
 tights of parties as to usury determined by, of Virginia if case tried there, 
 8 L. 93. 
 
 principles on which statute construed as prospective or retrospective, 33 
 G. 674. 
 / principles governing question of repeal of a statute by implication, 33 G. 
 
 696 ; see 29 G. 705.1 
 LAWYER ; see Attorney at Law. 
 LEASE ; see Landlord and Tenant ; Rent. 
 
 of ward's land may be made by guardian, 1 W. 87. 
 
 lessee who enjoyed land must pay rent, though lessor hadno title, 1 W. 87. 
 
 when surrender of, enures to the benefit of devisees of the rent, 2 C 249. 
 
 for years, governed by the same rule against perpetuities as estates of in- 
 heritance, 2 C. 319. 
 
 by guardian of ward's laud for longer term than ward's infancy is void, 4 
 C. 250. 
 
 how accounted for in administration account, 4 C. 605. 
 
 leasehold tenements not insurable by Mutual Assurance Society, 5 C. 517. 
 
 person contracting for a, cannot get it without fulfilling the stipulations of 
 contract, 6 C. 187,, 204. 
 
 when purchaser of an agreement for a, not given specific performance 
 against purchaser of fee, 3 H, & M. 436. 
 
 lessor may distrain for rent without any express stipulation in, 3 M.277. 
 
 when executor impliedly authorized to lease lands, 3 M. 288. 
 
 when party assigning, not bound if there is defect in lessor's title, 3 M. 
 556. , ■ 
 
 assignor of, evicted for defect in lessor's title may sue him for compensar- 
 tion, 3 M. 556. 
 
 when purchaser can restore property though it is under a, 5 M. 507. 
 
 what such a concealment as to vitiate a sale of a, 6 M. 210, 316. 
 
 no form of words necessary to constitute a; what contract is a, 5 R. 571. 
 
 what covenant binds assignee of, for breaches before his time, 4 L. 69. 
 
LEASE— LEGACY. 355 
 
 LEASE, Continued. 
 ■with proviso in case of sale by lessor construed, 6 L. 562. 
 if, is for fixed period off-going tenant not entitled to way-going crop, 3 
 
 Eob. 606. 
 parol evidence of a contrary usage not admissible, 2 Eob. 606. 
 what contract not a, but constitutes the parties to it joint tenants of the 
 
 crop, 3 G. 196. 
 parol testimony admissible to show what land embraced in the, 5 G. 90. 
 what agreement does not create a tenancy from year to year and entitle 
 
 tenant to notice to quit, 5 G. 90. 
 wheii lessee released from payment of rent. "What constitutes an eviction, 
 
 22 G. 109. 
 what not a, but a covenant. How rent apportioned in this case, 22 G. 109. 
 construed. Time allowed tenant to repair, 27 G. 639. 
 when parol evidence inadmissible as to matter mentioned in, 27 G, 6.S9. 
 construed. Ho^ contents of lost, proved, 18 G. 1 
 what a surrender of a life estate not a lease of it, 18 G. 150. 
 what a waiver of a forfeiture of a, by sub-letting, 13 G. 278. 
 when court will direct receiver of one railroad to lease or build anothra-, 
 
 33 G. 586. 
 LEGACY ; see Advancement ; Legatee ; Wiil. 
 
 1. In General. 
 
 2. Specific 
 
 3. Payment. 
 1. In Geneeal : 
 
 executor is entitled to, though he renounces executorship, 1 W. 246. 
 
 to executor does not deprive him of commissions, 1 W. 246. 
 
 when executor getting, not allowed commissions, 2 C. 102. 
 
 when assent of executor to, need not be proved, 6 C. 55. 
 
 when, not a satisfaction of a promise, 2 M. 413. 
 
 on what legacies chargeable in this case, 5 M, 460. 
 
 held not to lapse but to be a vested interest, 6 M. 156. 
 
 how increase of slaves given as a, passes in this case, 6 M. 368. 
 
 to two nieces held to be $10,000 to each, not a joint interest in that sum, 
 
 1 E. 252. 
 what a, in disguise and a bar to widow of her share in personalty, 2 E. 5i07. 
 when a charge on land, 6 R. 587 ; 23 G. 62 ; 25 G. 845. 
 when purchaser of land charged with, must see to application of purchase 
 
 money, 6 E. 587. 
 various questions as to legacies in this case, 3 L. 450. 
 what an assent by executor to a, 3 L. 682 ; 11 G. 9. 
 vrhen deed not act of person as legatee. What does not show assent of 
 
 executor to, 11 L. 463. 
 held satisfied by a marriage contract, 13 L. 316. 
 when widow liable as legatee and not as executrix for, to another, 2 Eol*. 
 
 492. 
 bequest to a corporatiou of its own stock is valid, 3 G. 19. 
 
356 LEGACY. 
 
 LEGACY, In General, Continued. 
 bill of exchange by legatee on the executor is not an assignment of the, 
 
 to the drawee, 6 G, 363. 
 when bears interest though there is no hand to receive it. How invested, 
 
 7 G. 377. 
 when act of limitations of 1826 no bar of claim to, 7 G. 377. 
 word "loan" in a, of personal estjite construed to mean '' give," 9 G. 477. - 
 what a bequest of "all the money" includes, 9 G. 572. 
 lands devised and legacies contribute ratably to pay debts, when, 9 G. 541. 
 will construed as to amount of, 10 G. 275. 
 
 assent of executor to a, does not dispense with a refunding bond, 11 G. 724. 
 when assent to, may be proved by one executor at suit of legatee, against 
 / other executor and purchaser from him, 11 G. 9. 
 
 when bonds are not an advancement in satisfaction of a, 11 G. 182. 
 what condition attached to, an unreasonable restraint of marriage and void, 
 
 11 G. 804. 
 what condition to, in ierrorem merely and against policy of laws, 11 G. 804. 
 gnasre, does legatee take, free from condition, or does it lapse, 11 G. 804. 
 in this case taken cum onere of supporting children, 11 G. 364. 
 legacies must bear their proportion of testator's debts, 12 G, 628. 
 case in which legacies made good out of real estate, 17 G. 268. 
 effect of accepting, under a will directing legatee to pay testator's debts, 
 
 17 G. 2^9. 
 when property considered undisposed of and passing to next of kin, 19 G. 
 
 758. 
 when executor's assent to a, presumed, 14 G. 441. 
 what facts do not avoid the revocation of a, 19 G. 758. 
 what not an ademption of a, 19 G. 758. 
 legacies held not a satisfaction of a debt, 23 G, 62. 
 when condition of administration bond covers general as well as specific 
 
 legacies, 23 G. 477. 
 when slaves freed by war not entitled to, 23 G. 704. 
 when the, vested in this case, 19 G. 438. 
 husband took interest of wife in, 18 G. 526 ; 19 G. 438. 
 principles of construing bequests to classes, 23 G. 704. 
 what, given under this will, 24 G. 392. 
 what an acceptance of a, 25 G. 293. 
 a bequest of all testator's bonds includes judgments obtained on them, 25 
 
 G. 599. 
 when parol evidence admissible to show testator's intention as to legacies, 
 
 25 G. 599. 
 to attorney who wrote will valid. When, 26 G. 152. 
 held not on condition in restraint of marriage and bequest over valid, 27 
 
 G. 576. 
 bequest construed, 27 G. 281. 
 held absolute, 28 G. 224. 
 when slaves freed by war entitled to, 29 G. 9. 
 when husband entitled to, to wife, on her death, 29 G. 322. 
 
LEGACY. 357 
 
 LEGACY, In General, Continued. 
 
 what not a satisfaction of a, 29 G. 322. 
 
 when a jiersonal decree may be taken against administrator for a, 29 G. 322. 
 
 cannot be subjected at law % an attachment, 31 G. 784. 
 
 what embraced by, of carriage and horses " belonging to it," Wy. 90. 
 
 held not to lapse but to go to surviving legatees, Wy. 94. 
 
 of negroes not owned by testator at date of will valid, Wy. 137 ; see 1 
 W. 75. " 
 
 what devise held to create a fee, Wy. 159. 
 
 will held to give life estate only, Wy. 180. 
 
 if direction to purchase lands for slaves cannot be carried out money goes 
 to them, when, 1 P. & H. 167. 
 
 when bequeath to a class and one survives testator and dies, his interest 
 goes to survivors of class, 1 P. & H. 167. 
 
 to absent debtor bound by service of attachment on executor before quali- 
 fication, 1 P. & H. 101. 
 
 case of vested interest in remainder liable to be divested, 18 G. 526. 
 
 testator can appoint owner before existence of thing to be owned as well 
 as owner not in existence at date of will, Wy. 123. 
 
 leave given slave to live with whom he preferred held void, 1 P. & H. 161. 
 
 held contingent, 1 P. <i H. 197. 
 
 when widow taking, must abate in proportion with other legatees, 3 C. 11. 
 
 2. Specific : 
 
 property in, is in legatee if executor assents to it, 1 W. 308. 
 
 article not in testator's possession may be bequeathed, 4 M. 191. 
 
 legatee may sue for, in his own name if executor has assented, 4 M. 191 ; 
 
 11 G. 724. 
 specific legatees should be parties to suit for distribution of estate, when, 
 
 7 G. 160. 
 act of limitations cannot bar claim to, held by executor, 11 G. 724. 
 equity can compel executor to deliver, 11 G. 724. 
 when delay of seventeen years no bar to claim for, and though executor 
 
 has accounted to other parties for it under an award, 11 G. 724. 
 what legacies demonstrative and not specific or general, 19 G. 438. 
 what money legacies and not specific or conditional, 19 G. 758. 
 when condition of administrator's bond covers, 23 G. 477. 
 is secondary fund for payment of debts, when, 2 P. & H. 388. 
 in payment of a debt not due by the legatee held good, 2 P. & H. 388. 
 
 3. Payment : 
 
 when payment in paper money good, 1 W. 226. 
 
 fund provided for payment of debts and, presumed sufficient, 3 M. 59. 
 
 in this case directed paid in specie, 6 M. 108. 
 
 if trustee of a, refuse to act, executor need not pay it until new trustee ia 
 
 appointed, 1 E. 209. 
 charged on both real and personal estate latter first applied to it, ^L, 209. 
 bears interest though fund for its payment doesTiot, 6 G. 405. 
 when not payable in Confederate money -nor to be invested as will directs, 
 
 23 G. 62, 241. 
 
358 LEGACY— LEGATEE. 
 
 LEGrACY, Payment, Continued 
 when payment of, in Confederate money proper. For what executor liable 
 
 in this case, 24 G. 225. 
 when payment of, in depreciated paper good, "Wy. 163. 
 LEGATEE; see Legacy; WiU. 
 unequal legacy to executors does not exclude them from residuum, 1 W. 
 
 246. 
 cannot recover slave without proving executor's assent to legacy, 3 C. 218. 
 administration bond may be sued on by, 4 C. 308. 
 may sue on such bond in equity without first establishing claim against 
 
 executor, 6 C. 21. 
 wh«n, can assert rights against volunteers, 4 C. 93. 
 when, must give security for prosecuting an appeal, 1 H. & M. 26. 
 settlemeni; of administration account without notice to, is not usual course, 
 
 2H. &M.10. 
 when, of slaves can disturb sale made by executor, when not, 2 H. & M. 69. 
 held entitled to support, &c., notwithstanding legacy, 1 M. 150. 
 noi entitled to decree unless refunding bond given, 2 M. 105 ; 6 M. 157. 
 how, taking possession of testator's assets charged as to creditors, 2 M. 326. 
 what done if j5. fa. levied on slaves specifically bequeathed, 5 M. 103, 175. 
 when executor not charged at suit of, with testator's wearing apparel, 3 M. 
 
 288. 
 excluded from residuary bequest in this case, 6 M. 368. 
 interest of, if real estate devised to be sold and proceeds paid to, 1 E. 313. 
 compensation to,, if widow renounces will, 6 L. 461 . 
 whose land is given away by testator cannot claim it and legacy also, 8 L. 
 
 400. ' 
 
 in such case if, take his land legacy goes to devisee of it, 8 L. 400. 
 what delay of, no bar to suit to surcharge executor's account, 9 L. 484. 
 executor cannot have a decree against himself and in favor of legatees 
 
 jointly, reversed, 9 L. 484. 
 when, qualifying as administrator cannot revive suit of administrator d. h. 
 
 •«., 9 L. 580. 
 bill by two legatees against a third and the administrator for settlement of 
 
 administration account, and question between defendants, 11 L. 439. 
 bill by, sustained though brought after great lapse of time, 11 L. 486. 
 what done if estate of testator divided among executor's legatees, 11 L. 
 
 486. 
 how residuum divided among descendants of legatees, 12 L. 350. 
 when executor cannot recover back amount paid, 2 Eob. 664. 
 entitled to interest on legacy, though not demanded for fourteen years, 1 
 
 G. 292. 
 when deed is act of person as executor and not as, 11 L. 463. 
 when widow liable as, and not as executrix, for legacy to another, 2 Eob. 
 
 492. 
 when suit by, for legacy improper, 2 G. 319. 
 when residuary, barred by lapse of time, 6 G. 405. 
 entitled to use principal and interest of property under this will, 6 G-. 424. 
 
LEGATEE— LICENSE. 359 
 
 LEGATEE, Continued. 
 when, entitled to increased value, and must bear loss, of slaves divided by 
 
 commissioners, 7 G. 99. 
 specific, should be party to suit by residuary, against executor for distri- 
 bution, when, 7 G. 160. 
 effect of decree against administrator d.b.n. in suit by, of original testator, 
 
 7 G. 264. 
 when legatees may unite in suit to enforce decree in their favor, 7 G. 264. 
 when, subjected before executor ; when before legatee of executor, 7 G.264. 
 decree for distribution of estate of dead, should be in favor of his personal 
 
 representative, 8 G. 54. 
 for what debt of testator, responsible on his refunding bond, 8 G. 539. 
 when presumption is that parties to suit between legatees are not fictitious 
 
 persons, 8 G. 281. 
 when rents of land applied to indemnify, of personal estate, 9. G. 242. 
 specific, may sue at law forlegacy if executor has assented to it and waived 
 
 a refunding bond, 11 G. 724. 
 when contingent, of a remainder may sue legatee for life to have legacy 
 
 forthcoming, 11 G.-9. ^ 
 
 ■vvhen bonds given, are not a satisfaction of his legacy, 11 G. 182. 
 when property given widow who renounces will applied to compensate, 11 
 
 G. 434. 
 for what expenses of children of testator, not liable, 11 G. 364. 
 advancements not considered in fixing proportion of debt4 legatees are to 
 
 pay, 12 G. 628. 
 when husband of, not a competent witness, 23 G. 477. 
 party held to hold slaves as, and not as executor, 25 G. 293. 
 when Ifegacy does not go into residuum, but to issue of, 25 G. 845. 
 in absence of fraud on part of, equity will not enforce parol charge upon 
 
 his legacy, 26 G. 384. 
 testator held to have designated sum proper for support of, 27 G. 842. 
 interest of, in slaves in this case, 28 G. 80. 
 interest of, under this will, 28 G. 192. 
 legacy held not to lapse so that heir gets it, but to go to surviving legatees, 
 
 Wy. 94. 
 refunding bond not required in this case, 1 P. & H. 167. 
 when, not required to give security to remaindermen, 2 P. & H. 206. 
 when, in Virginia has received legacy according to laws of another State, 
 
 he must contribute to debts according to same laws, 2 F*. & H. 664. 
 when, can have decree against sureties of deceased executor before proceed- 
 ing against his heirs, 27 G. 42. 
 
 LEX LOCI; see Laws. 
 LIBEL ; see Slander. 
 
 what is a ; what publication. Pleading and evidence in action for, 17 G. 250. 
 
 when truth a justification in indictment for a, when not, 1 V. C. 176. 
 LICENSE ; see Oriminal Jurisdiction and Proceedings; Merchant. 
 
 what gobds brought into the State cannot be sold without a, 6 G. 693. 
 
360 LICENSE— LIEN. 
 
 LICENSE, Continued. 
 . in trial for bigamy production of marriage, may be dispensed with, 9 L. 639. 
 
 judgment against merchants for selling goods without a, under act Feb- 
 ruary 24, 1823, 9 L. 686. 
 
 to one to keep a tavern, &c., does not authorize partner to sell liquors, 8 
 G. 588. 
 
 what not sufficient to convict of keeping tavern without a, 13 G-. 778. 
 
 judge of Hustings Court of Richmond can revoke a, given to keep a bar, 
 29 G. 705. 
 
 right of Wheeling to annul or rescind order granting, 12 G. 292. 
 
 indictment under Mofifett liquor law not alleging defendant was "licensed," 
 bad, 33 G. 827. 
 
 agent of sewing machine company must get a, in every county where he 
 sell goods, when, 33 G. 898. 
 
 LIEN; see Deed of Trust; Execution; Judgment ; Mechanic's Lien ; Purchaser; 
 
 Rent; Vendor and Vendee. 
 second execution before sale under first waives first and destroys it, 1 C. 
 
 492. 
 non-resident plaintiff must take same steps to secvire, as resident, 2 C. 125. 
 creditor having decree against specific fund ddts not acquire, on general 
 
 fund, 1 H. & M. 12. 
 pawnee has, only for security of debt for which goods pawned, 2 L. 493. 
 what, on land in this case, 12 L. 332. 
 person entitled to assignment of title bond who transferred right, held to 
 
 have no, for purchase money, 1 Eob. 161. 
 persons selling interest in laud which administrator is directed to sell have 
 
 no, for purchase money, 2 G. 348. 
 of fi. fa. not released by giving a forthcoming bond, 3 M. 417. 
 personal, transitory and fluctuating property may be the subject of a, 5 M. 
 
 507. 
 of CO. sa. held not prior to commonwealth's judgment, 2 L. 984. 
 renewal of note secured does not impair, of mortgage, 4 L. 69. 
 of judgment destroyed by ca. sa. executed and mortgagees entitled, 4 L. 
 
 425. 
 what no discharge of the, oia.fi. fa, 9 L. 18. 
 what delivery of goods to officer binds the goods, 9 L. 176. 
 what decree no, on real estate of home defendant, 1 Gr. 364. 
 land last sold primarily liable to satisfy mortgage, 4 Q. 284. 
 when decree against father a, on land conveyed to his son, 6 G. 119. 
 equity will enforce, of a decree on land though decree not revived against 
 
 debtor's administrator or execution issued, 6 Gr. 119. 
 among creditors proceeding by attachment who entitled to priority, 6 G. 
 
 360. 
 upon what an attachment is a, 6 G. 360, 4§4. 
 what several encumbrancers entitled to in this case, 8 G. 148. 
 of forfeited forthcoming bond, 8 G. 179. 
 against whom equitable, enforced in this case, 8 G. 224. 
 
LIEN— LIMITATION OF ESTATES. 361 
 
 LIEN, Continued. 
 
 of attachment on wife's interest in her father's estate terminated by hus- 
 band's death pending proceedings, when, 8 &. 289. 
 between two equities junior preferred in this case, 9 G. 27. 
 what contract does not create a, for an annuity, 13 G. 615. 
 when trust creditor has, on land conveyed to a third pa,rty, 12 G. 372. 
 case of, by contract between father and children, 12 G. 541. 
 reserved in deed by joint tenants is only on their interest conveyed, 22 G 
 
 443. 
 when decree, though reversed, still a, 24 G. 97. 
 
 acceptor of biU of exchange has a, on funds in his hands, 2 P.,& H. 144. 
 as to priorities in this case. When court marshals assets, 26 G. 705. 
 when, on bond given by administrator to secure debt due his intestate 
 
 vaUd, 28 G. 233. 
 of bond given under act to prevent sacrifice of property at forced sales, 28 
 
 G. 850. 
 of mortgage in this case as against Uen of execution, 28 G. 39. 
 in attachment in equity plaintiff has no, until filing of bill, 29 G. 483. 
 of mortgage or trust taken by a national bank is valid, 31 G. 228. 
 of Ji. fa. on choses in action contiuues after debtor's death, 31 G. 525. 
 attachment served on executor before qualification is a, on legacy to absent 
 
 debtor, 1 P. & H. 101. 
 forfeited forthcoming bond is a, on land from date of return, 2 P. & H.178. 
 doctrine of subrogation does not extend to volunteer discharging a, 2 P. & 
 
 H. 11. 
 attachment held not a, because name of party wrong, 2 P. & H. 144. 
 what not an extinguishment of vendor's, 33 G^ 186. 
 of vendor not affected by lapse of time short of that sufficient to raise a 
 
 presumption of payment, 33 G. 186 ; see 3 G. 232. 
 of decree held to extend only to one-half of property sold under it, 33 G. 
 
 473. 
 decree not duly docketed until actiudly put on the docket, 33 G. 473. 
 what necessary to affect creditor with previous knowledge of his agent of 
 
 a prior unrecorded, 33 G. 473. 
 what land first subjected to judgment, 33 G. 497, 567. 
 when report of commissioner recommitted for account of liens, and error to 
 
 decree sale before account taken, 33 G. 567. 
 
 LIFE ESTATE ; see Estate. 
 assignee of life tenant selling slave must account with remainderman, 
 
 how, 7 G. 99. 
 as to penalty of bond required of life tenant, 31 G. 533. 
 LIMITATIONS ; see iacAe8 / Lapse of Time; Possession; Presumption; 
 
 Statute of Limitations. 
 LIMITATION OF ESTATES ; see Dekd ; Estate ; Will. 
 under wills -in these cases, 1 G. 302 ; 2 G. 506 ; 11 G. 771. 
 devisee held to have life estate only with remainder to her childem as pur- 
 chasers, 6 G. 27. 
 
 46 
 
362 LIMITATION OF ESTATES— LOAN. 
 
 LIMITATION OF ESTATES, Continued. 
 
 how devisees under this will take, 6 Q-. 236. 
 
 this is an estate tail converted into a fee, and limitation over after an in- 
 definite failure of issue is void, 8 G. 346. 
 
 where in a devise or bequest over to survivors, survivorship has relation to 
 death of testator, 11 G. 67. 
 
 when remaindermen take a vested interest in the estate, 11 G. 67. 
 
 an estate tail converted into a fee by statute, 11 G. 78. 
 
 provision in this will in favor of children void for uncertainty, 11 G. 785. 
 
 testatrix not disposing of remainder in property and life tenant dying be- 
 fore her, it all goes to her heirs, 11 G. 785. 
 
 estate in this case held to be an absolute one, 25 G. 70. 
 
 executory devise held too remote and void, 27 G. 1. 
 
 executory devise over to testator's children refers to those living at his 
 death. "When not, 27 G. 1. 
 
 what not a bequest on a condition in restraint of marriage but a condi- 
 tional limitation, and bequest over good, 27 G. 576. 
 
 absolute bequest in one clause of will not restricted by another clause, 28 
 G. 224. 
 
 deed held to give grantee but a life estate, his heirs taking as purchasers 
 and not as heirs, 29 G. 448. 
 
 rule in Shelley's case held not to apply to this case, 29 G. 448. 
 
 devisee held to take a life estate in this case. Meaning of term " issue " 
 in the limitation over, 13 G. 43. 
 
 how estate limited under the deed and will in this case, 31 G. 502. 
 
 LIQUOES . see Ardent Spirits; Retailing Idquora. 
 
 LIS PENDENS. 
 
 while suit pending to prevent issuing of patent no one can get a valid 
 patent for same lands, 1 E. 114. 
 
 doctrine of, rests on reasons of public policy, not on presumption of notice, 
 2 E. 93. 
 
 when purchaser not affected by suit to foreclose a mortgage not duly re- 
 corded, 2 E. 93. 
 
 can only affect a purchaser from a party to the suit, 5 L. 627. 
 
 what a waiver by plaintiffs of claim against purchaser pendente lUe for the 
 specific property, 9 L. 293. 
 
 land on which annuity is charged sold without noticing pendente lite pur- 
 chaser, when, 5 G. 259. 
 
 when commissioner of court not affected by, of creditors' suit, 8 G. 260. 
 
 LITEEAEY FUND. 
 
 devise of Martin Dawson held not tq, but to executors for its use on cer- 
 tain contingencies, 10 L. 153. 
 
 authorized to take under said will by act March 10, 1841, 1 Eob. 424. 
 
 LOAN ; see Gift. 
 
 when slave lent considered absolute property of loanee, 2 M. 543; 4 M. 
 313; 5M. 101; 7L. 317; 8 L. 80. 
 
LOAN— LUNATIC. 363 
 
 LOAN, Continued. 
 
 what receipt from and redelivery of slaves to loanee no bar to creditors' 
 
 rights, 5 M. 305. 
 ■when, of slaves good between the parties and not assets, 5 M. 305. 
 how title to slave revested in lender, 8 L. 80. 
 transaction held a loan may be good as to creditors but not in favor of 
 
 loanee, 9 L. 245. 
 parol loan of goods fraudulent as to creditors of loanee, 9 L. 451. 
 what length of possession of goods gives purchaser from loanee good title, 
 
 9 L. 451. 
 what puts an end to a, 10 L. 5. 
 not converted into gift because lender's agent did not tell loanee it was a, 
 
 2G. 493. • 
 
 what if loanee disposes by will of property lent him, 2 G. 493. 
 when creditors of loanee of a slave may subject slave to their debts, 4 G. 
 
 93 ; 6 G. 582. 
 ■ of slave to legatee and then to his heirs held not to vest fee in legatee, Gil. 
 
 124. 
 when check sent wife in absence of husband presumed to be a, 31 G. 219. 
 as to, by national banks secured by mortgage on land, 31 G. 228. 
 made by court and repaid in Confederate money good, when, 33 G. 1. 
 a check imports a payment by drawer to payee, and not a, 33 G. 342. 
 LOST INSTEUMENT; see Evidence. 
 when restored in equity, 1 W. 274. 
 equity has jurisdiction to set up a, 4 E. 541. 
 what bill to have a, set up must allege, 3 L. 58. 
 equity will set up a, against .sureties and also against heirs, 6 L. 478. 
 on bill to set np a, aifidavit of loss must be filed, 7 L. 128. 
 case of a deed lost or destroyed set up, 2 Eob. 474. 
 
 LOTTEEY." 
 
 a mistake in drawing is fatal and redrawing must take place, 5 C. 562. 
 
 when prizes drawn by maker of deed excepted under its provisions, GU. 
 105. 
 
 how act of February 11, 1825, as to sale of tickets interpreted, 5 E. 715. 
 
 what are tickets under this law, 5 E. 715, 
 
 certain act as to, construed, 1 Rob 713. 
 LOYALL AND GEEENBEIEE COMPANY. 
 
 what sufficient excuse for not obtaining patents in time prescribed, 4 C. 21. 
 
 power of land commissioners under act of May, 1779, ch. 12, as to rights of 
 persons claiming authority of, 2 M. 141. 
 LUNATIC : see Idiot; Insanity. 
 
 when, wife restored to her husband by court, 4 H. & M. 596. 
 
 powers of a committee of a, 6 E. 584. 
 
 case where petition is filed declaring defendant a, 1 Eob. 241. 
 
 monomania not connected with subject of contract does not invalidate it, 9 
 G. 704. 
 
 how suits concerning estate of a, should be brought, 21 G, 712, 
 
364 LUNATIC. 
 
 LUNATIC, Continued. 
 
 when witness incompetent on account of lunacy. When not, 25 G. 865. 
 
 what bill treated as a suit by committee of,- 28 G. 365. 
 
 when committee of, liable for investment in Confederate bonds, 28 G. 365. 
 
 until revisal of 1819 no action except for debts could be brought by com- 
 mittee of a. 1 P. & H. 1. 
 
 suit by committee of, could not be revived in 1824 in name of his suc- 
 cessor, 1 P. & H. 1. 
 
 when regularity of appointment of committee of, cannot be questioned, 1 
 P. & H. 121. 
 
 person receiving bonds of a, from committee in payment of debt of latter 
 bound in equity, 1 P. & H. 121. 
 
 how far decree in- suit by committee of, against sureties of former commit- 
 tee evidence, 1 P. & H. 121. 
 
 committee of, generally charged with simple interest only, 33 G. 674. 
 
 committee of, not entitled to commissions, when, 33 G. 674. 
 
MALICIOUS BUENING— MANDAMUS. 365 
 
 M. 
 
 MALICIOUS BURNING- ; see Arson. 
 
 by owner of liouse arson, when; of what not arson, whun, 8 G. 624. 
 MALICIOUS PROSECUTION. 
 
 what declaration in an action for, must state, 3 0, 3, 446. 
 
 declaration must state prosecution was false and malicious and without 
 probable cause, 2 M. 10. 
 
 when in action for, whether probable cause was proved left to jury, 4 M. 59. 
 
 what instruetion of court does not exclude from jury evidence as to pro- 
 bable cause, 4 M. 462. 
 
 case and not trespass proper suit against party attaching without probable 
 cause, 5 M. 110. 
 
 action on case lies for advising and procuring a; what declaration in such 
 case must state, 3 L. 561. 
 
 what sufficient to constitue malice in suit for, 15 G. 381. 
 
 what necessary to warrant verdict and judgment in action for, 28 G. 891. 
 
 what evidence in suit for, what not, 29 G. 192. 
 
 in suit for, judgment of justice conclusive evidence of probable cause, 
 when, 32 G. 324. 
 
 MALICIOUS SHOOTING, 
 for what a prisoner may be convicted under an indictment for, 22 G. 899. 
 when prisoner guilty of, when not, 22 G. 924. 
 
 MALICIOUS TRESPASS. 
 
 to what cases act of 1823 as to, applies, 7 G. 662. 
 MANGHESTER ; see Corporation. 
 
 term of judge of Hustings Court of, elected in 1874, 33 G. 232. 
 MANDAMUS, 
 a delivery of, to justices holding court is sufficient service, 1 C. 562. 
 when mpersedeas, not mandamus, the proper remedy, 2 C 276. 
 wUl not lie against visitors of a private eleemosynary institution, 3 C. 573. 
 is proper remedy to compel county court to erect a bridge, 5 C. 548, 556. 
 there must be a rule to show cause before a, will be awarded, 5 C. 556. 
 inferior court of record may be compelled to admit a deed to proof and 
 
 record by, 2 H. & M. 132. 
 proper remedy to restore clerk ousted by illegal appointment of another ; 
 
 proceedings in such case, 3 H. & M. 1. 
 proper remedy to compel removal of cause from Stiite to United States 
 
 court, 4 H. & M. 173. 
 qusere, if lies from chancery court to. county court to hear and decide a 
 
 cause, 4 H. & M. 462. 
 when will not 'lie to compel county court to issue a pluries attachment, 1 
 
 V. C. 314. 
 does not lie from superior court to compel county court to build bridge, 
 
 open roads, &c.. 2 V. C. 499 ; 1 L. 584. 
 does not lie to county courts in matters where they have discretionary 
 
 power, 2 V. C. 92. 
 
366 MANDAMUS— MANSLAUGHTER. 
 
 MANDAMUS, Continued. 
 
 when, will not issue to applicant for an ofiSce of justice, 2 V. C. 208, 523. 
 
 does not lie if there is another remedy, 2 L. 165 ; 2 G. 575. 
 
 does not lie to compel county court to levy for costs of building a bridge, 
 2 L. 165, 
 
 lies to compel justices to administer oath of insolvency and order insol- 
 vent's discharge, 2 L. 764. 
 
 when lies to compel court to hear a cause under act 1825-6, ?14, 3 L. 343. 
 
 to compel court to record deed of emancipation, 7 L. 689. 
 
 Supreme Court of Appeals cannot by, compel judge of circuit court to try 
 a cause pending in his court, 10 G. 650. 
 
 when free negro entitled to, to compel j ustice to allow an appeal to county 
 court, 11 G. 292. 
 
 county court compelled by, to act upon an application for a license to keep 
 a tavern, 11 G. 655. 
 
 when county court not acting in relation to sale of land for taxes, com- 
 pelled by, 12 G. 266. 
 
 proper remedy to be restored to an oflSce in a bank, 12 G. 303. 
 
 (iouncil of Wheeling cannot be compelled by, to grant a license to keep an 
 ordinary, 12 G. 292. 
 
 when will not lie against ofiScer to issue a license, 12 G. 292. 
 
 county court compelled by, to admit survey on a sale for taxes to record, 
 when, 13 G. 528. 
 
 inspector of flour compelled by, to bore through head of barrel, 15 G. 457. 
 
 practice in case of, 12 G. 292. 
 
 when will issue directing judge of circuit court to hear and decide a. 
 cause, 22 G. 458; 23 G. 579 ; 25 G. 817. 
 
 when court will direct service of copy of order equivalent to service of 
 copy of writ, 22 G. 458. 
 
 will lie to compel auditor to transfer and fund State bonds, when, 24 G. 319. 
 
 will not lie to compel auditor to receive coupons from a sergeant or sheriff, 
 29 G. 765. 
 
 when lies to compel judge to sign bill of exceptions, 30 G. 415. 
 
 office of a writ of, when it will lie, when not, 30 G. 415. 
 
 lies against any violation of a legal right or to enforce any duty imposed 
 by law, when there is no other remedy, 2 P. & H. 38 ; 32 G. 422. 
 
 not issued, right to do so not being clear, 32 G. 422. 
 
 when auditor compelled to deliver property books to commissioners of the 
 revenue by, 33 G. 368. 
 MANSLAUGHTER ; see Oriminal Jwrisdiction and Proceedings. 
 
 what is, 1 V. C. 116. 
 
 examining court cannot acquit of murder and remand, for, 1 V. C. 188. 
 
 murder and, distinguished and defined, 3 G. 566 ; 22 G. 924. 
 
 what a case of voluntary, 14 G. 613 ; 21 G. 909 ; 33 G. 766. 
 
 what prisoner must prove to reduce, to killing in self-defense, 21 G. 909. 
 
 when judgment discharging prisoner found guilty of involuntary, errone- 
 ous, 33 G. 819. 
 
MANSLA.UGHTER— MARRIAGE. 367 
 
 MANSLAUGHTER, Continued. 
 
 such judgment corrected at same term, and one for fine and imprisonment 
 entered in prisoner's absence, 33 G-. 819. 
 MAEINEE. 
 
 who quits ship on her capture not entitled to wages, 3 C. 228. 
 
 has claim for wages out of proceeds of sale of ship sold in admiralty, 4 C. 
 158. 
 
 entitled to wages out of proceeds of sale of ship forfeited, 4 C. 353. 
 MAEEIAGrE ; see Alimony ; Bigamy; Children; Divorce ; Dower ; Feme Cov- 
 ert ; Husband and Wife ; Infant ; Parent and Child ; Settlement ; Widow. 
 
 contracts good though only parties are intended hushandand wife, 1 W. 47. 
 
 trust estate under this settlement not liable for wife's debts beyond the 
 profits, 1 P. & H. 185. 
 
 construction of contract, 1 W. 47. 
 
 to what wife entitled under this settlement, Wy, 90. 
 
 and birth of a child will revoke a will, 1 W. 140. 
 
 when parol evidence admitted to explain meaning of contract, 2 C. 5. 
 
 a deed may be averred and proved to have been made in consideration of, 
 
 2 C. 125. 
 
 contract unless recorded in eight months, void as to all creditors, 2 C. 198. 
 when deed from husband and wife of wife's land passes estate though no 
 
 consideration is expressed, 2 C. 263. 
 when marriage before act of 1794 and birth of children did not revoke a 
 
 will, 3 C. 334. 
 contract made before act of 1785 held good against subsequent voluntary 
 
 conveyance, 3 C. 384. 
 when evidence of communication between father and son-in-law left to 
 
 jury, 3 C. 554. 
 contract enforced upon acknowledgment before witnesses though they not 
 
 present when it was made, 4 C. 231. 
 there may be a bill for specific performance of contract though plaintiff 
 
 has redress at law, 4 C. 231. 
 issue of a woman by a second, during life of first husband, legitimate after 
 
 father's death, 5 C. 143; 3 H. & M. 228. 
 child bom in 1774 legitimated by subsequent, and acknowledgment by 
 
 parents, 5 C. 439 ; see 3 H. & M. 229, note, 
 detinue for slaves may be brought by heirs of parties to whose use they 
 
 were conveyed by marriage contract, 1 H. & M. 213. 
 what a gift in consideration of, 3 H. & M. 127. 
 what parol promise before, sufficient consideration for contract made after, 
 
 3 H. & ]^. 144.' 
 
 how contracts moulded in equity; how children take under them ; cannot 
 be rescinded ; as to compelling performance ; their nature, 3 H. & M. 399. 
 
 how intention of parties to articles collected; parol evidence as to such 
 contracts, 3 H. & M. 399. 
 
 rights of parties under articles. Made for or by infants binding, ,3 H. & 
 M. 399. 
 
 when settlement fraudulent as to creditors, 4 H. & M. 485; 2 M. 363. 
 
368 MARKIAGE. 
 
 MAREIAGE, Co-iUinMed. 
 what promise by, father before, sufficiently certain. It survives to husband 
 
 and wife, 1 M. 9S. 
 when equity will not set up articles if it would disinherit only issue of 
 
 the, 1 M. 373. 
 when property claimed under contract not subject to creditors, 2 M. 105. 
 contract held to give son-in-law equitable title to land, 3 M. 10. 
 bequest held a legacy to children though will states it to be a part of their 
 
 mother's fortune, 3 M. 59. 
 as to validity of parol gift of personalty in consideration of, 2 P. & H. 583. 
 widow held not to relinquish dower by signing articles of daughter, '4 M. 
 
 346. 
 when allegation in bill that articles were executed before, considered as 
 
 true without proof, 5 M. 86. 
 construction of a settlement, 5 M. 467 ; 2 Eob. 601 ; 1 G-. 483. 
 what not sufficient evidence that articles were ante-dated, 6 M. 117. 
 under power in articles to give away slaves they cannot be sold or freed, 
 
 I B. 47. 
 
 settlement madft after, in pursuance of articles made before, controlled by 
 
 the articles, 1 R 322. 
 when under settlement property cannot be disposed of by husband during 
 
 wife's life nor liable to his debts, 1 L. 443. 
 how far recital in post-nuptial settlement of an agreement as consideration 
 
 of the deed, evidence, 2 L. 29. 
 husband bound by his contract though his wife an infant. 2 L. 76. 
 husband's intere.9t in profits under this contract subject to his debts, 4 L. 
 
 631. 
 when wife entitled to account and decree against husband's estate, 6 L. 38. 
 instrument improperly drawn and executed before, corrected in equity 
 
 afterwards, 8 L. 1. 
 what is, in a settlement, a power to wife to dispose of property by will 
 
 only, 8 L. 20. 
 claim of wife under settlement not allowed in equity in this case, 8 L. 29. 
 power given wife bv settlement in this case, 9 L. 200. 
 when propertjr settled on wife subject to fiei-i facias of husband's creditor, 
 
 II L. 476. 
 
 recitals in settlements will not control the trusts plainly declared therein, 
 
 1 G. 483. 
 what a sufficient sealing of a wiU under settlement in this case, 2 G-. 439. 
 on prosecution for a, within prohibited degrees parties may appear by a^ 
 
 torney and plead guilty, 5 G. 479. 
 in such case judgment declaring, void is valid though it does not proceed 
 
 to punish the parties, 5 G. 479. 
 when if, declared null, husband has interest in property that was wife's at 
 
 time of, 5 G. 479. 
 
 what condition attached to a legacy held void tis in restraint of, 11 G. 804. 
 contracted in Virginia before Alexandria constitution not invalid, 17 G. 582. 
 
MARRIAGE. 369 
 
 MAERIAGE, Continued. 
 
 how, in another State may he proved in trial for higamy, 17 G. 582 ; 21 
 G. 800. 
 
 between white man, and woman who is of less than one- fourth negro blood, 
 legal, 28 G. 939. 
 
 by what laws contract of, governed. When, of white woman and black 
 man outside of Virginia void, 30 G. 858. 
 
 general power of married woman over her separate estate, 30 G. 202. 
 
 construction of settlement, 30 G. 236, 565. 
 
 act of 1866 as to, of colored persons construed, 31 G. 283. 
 
 when colored persons living together held to be married, 31 G. 283. 
 
 effect of settlement on interest in wife's property, 5 G. 345. 
 
 when trustee under settlement cannot redeem mortgage without paying 
 subsequent debt, 5 G. 845. 
 
 wlJen error to make personal decree against trustee for debt of wife; 
 when wife not necessary party to suit, 5 G. 345. 
 
 when wife may destroy power under a settlement though not privily ex- 
 amined, 5 G. 374. 
 
 when settlement between infant feme and intended husband enforced in 
 equity, 5 G. 414. 
 
 when settlement between guardiam of infant /erne and she not a party, does 
 not bind her. She may ratify it after coming of age, 5 G. 414. 
 
 right qf wife to use principal and interest under this settlement, 6 G. 424. 
 
 when unrecorded post-nuptial settlement by husband on wife void as to 
 creditors, 8 G. 148. 
 
 when deed of property settled by husband on self and wife and sold under 
 decree, valid against creditor of husband, 8 G. 332. 
 . under what settlement property held by wife as a/eme sole and passes as if 
 she died mle and intestate, 8 G. 486. 
 
 what settlement does not vest husband with interest which may be sub- 
 jected to his debts, 11 G. 552. 
 
 when settlement by husband vests a separate life estate in the wife, 29 G. 
 153. 
 
 wife is deemed a purchaser of property settled on her in consideration of, 
 59 G. 628. 
 
 ante-nuptial settlement, when good against all creditors, 29 G. 628. 
 
 when wife entitled to her choseg in antion by way of settlement, 1 P. & 
 H. 12. 
 
 when wife's right to settlement from proceeds of land sold for partition su- 
 perior to claim of husband's grantee or creditor, 1 P. & H. 277. 
 
 settlement on wife held good against husband's creditors, 33 G. 88. 
 
 if jus disponendi be inconsistent- with plan of settlement of separate estate 
 on wife, it is as much forbidden as if eiepresily denied, 33 G. 97 ; see 30 G. 
 202. 
 
 separate estate may be made tofetne sole which would be good against hus- 
 band though no particular marriage contemplated, 33 G. 317. 
 
 no particular words necessaryto createa separate estate in wife. 33 G. 317. 
 
 47 
 
370 MARRIAGE— MEDICAL SERVICES. 
 
 MARRIAGE, Continued. 
 land subjected to pay money borrowed to pay for it, against cbildren to 
 whom it was given by a settlem^t, 33 G. 651. 
 
 MARRIAGE CONTRACTS; see Contract ; Marriage ; Settlement. 
 MARRIAGE LICENSE; see Clerk; Husband and Wife; Marriage. 
 what need not be charged in indictment against clerk for issuing, to an in- 
 fant, 6 L. 636. 
 MARSHALING ASSETS ; see Equity. 
 creditor of deceased debtor may sue in eq^uity against non-resident heirs to 
 
 marshal assets, 8 G. 260. 
 case in which simple contract creditors entitled to have assets marshaled, 
 
 8 G. 496. 
 when in such suit court should decree sale of real estate in hands of in- 
 fant heirs, 8 G. 496. , 
 how assets marshaled in this case, 26 G. 705. 
 
 when party entitled.to have assets marshaled. When not, 27 G. 789. 
 MASTER AND SERVANT; see Slave. 
 what indictment for cruelly beating slave insufficient, 2 V. C. 394. 
 what a sufficient averment of relation of, in suit by father for seduction of 
 daughter, 33 G. 722. 
 MASTER IN CHANCERY; see Commissioner in Chancery. 
 MAYHEM, 
 what not a good indictment for, under the statute or at common law, 2 V. 
 
 C. 198. 
 indictment for, should charge intents conjunctively. What proof supports 
 
 indictment, 2 V. C. 231. 
 when indictment not quashed for commixture of felony and misdemeanor, 
 2 V. C. 379. 
 MAYOR, 
 jurisdiction of, of Lynchburg as to petit larceny, 22 G. 912. 
 authority of, of a city under article 6 §20 of constitution, 23 G. 51. 
 when writ of prohibition willliot lie to restrain, 23 G. 51. 
 authority of, of cities in Virginia, 30 G. 24. 
 
 MECHANIC'S LIEN, 
 when lien of a building fund company preferred to a, 15 G. 83. 
 when suit may be brought to enforce, 15 G. 83. 
 may be assigned and assignee may enforce it, 15 G. 83. 
 who included in term " general contractor," in act as to, 25 G. 616. 
 good without being filed if building is not completed, 25 G. 616. 
 exists if work is done under verbal contract with owner, 25 G. 616. 
 when party has not, on house in the country, 26 G. 447. 
 when subject to a prior deed of trust, 31 G. 228. 
 
 MEDICAL SERVICES. 
 
 when trust property liable to be sold for, rendered beneficiaries in the trust, 
 1 P. & H. 185. 
 
MERCHANTS— MILL. 371 
 
 MERCHANTS; see License; Taxes. 
 custom of, is matter of fact. Decision of court on, is law of the land, 1 
 
 C. 147. 
 not obliged to get license to sell tobacco not manufactured, 1 L. 572. 
 as to items in accounts between, being barred by act of limitations, 4 L. 
 
 236; 1 Eob. 79. 
 question as to whether certain persons are, within meaning of act of limi- 
 tations, 1 Rob, 79. 
 act of 1874 imposing a license tax on, constitutional, 25 G. 951. 
 foreign sewing machine company considered a resident merchant, when, 33 
 G. 898. 
 MERGER, 
 small notes given for large one neither a payment nor, of the large one, 3 
 
 C. 234. 
 when contract between life tenant and remainderman a, of the life estate, 
 
 18 G. 150. 
 when in equity an account held not merged in a bond, 26 G. 612 
 MESNE PROFITS. 
 
 persons held as slaves and recovering freedom not entitled to, 5 G. 12. 
 MILITARY CERTIFICATE. 
 
 lost, recovered in equity by true owner from bona fide purchaser, Wy. 296. 
 MILITARY SERVICE, 
 when writ of error does not lie to judgment discharging person confined 
 
 by court martial, 5 M. 292. 
 when militiaman paying substitute cannot recover money back, 6 M. 18. 
 what expenses of militia in. State not bound to pay, 6 M. 18. 
 expenses of militia when in, 4 R. 432. 
 MILITIA; see Military Sennce. 
 
 as to substitutes, exemption from service and conscription, 16 G. 443, 470. 
 MILL, 
 what an order giving leave to build, should state, 2 W. 36. 
 record should show ten days' notic«of an application to build, 2 W. 76. 
 what damage inquisition need not state, 2 W. 126. 
 
 on supersedeas from order giving leave to build, court may hear new evi- 
 dence, 2 W. 162. 
 qusere, if on inquisition for a, court can try title without a jury, 1 C. 329. 
 what should be done if inquisition improperly quashed, 1 C. 495. 
 if lower courts agree and witnesses differ, judgment will be afBrmed, 2 C. 
 
 507. 
 when widow entitled to dower in land but not to mill thereon, 5 C. 433. 
 when in petition for a, it is necessary to state that bed of river is in Com- 
 monwealth, 5 0. 444. 
 county and corporation courts may at quarterly terms decide controversies 
 
 concerning, 3 H. & K. 565. 
 what uncertainty suflScient to set aside verdict in a mill case, 1 M. 258. 
 what a proper petition for leave to add to dam. Proper damages in such 
 case, 1 M. 258. 
 
372 MILL. 
 
 MILL, Continued. 
 what finding of jury conclusive against the petitioner, 1 M. 405. 
 when payment of damages assessed in a mill case presumed, 2 M. 534. 
 if damages recovered for erection of, be less than $100, defendant cannot 
 
 appeal to Court of Appeals, 5 MJ276. 
 when court should instruct jury that dam was a public nuisance, 6 M. 308. 
 verdict not responding to all the inquiries to be made by the jury, quashed, 
 
 Gil. 127. 
 new inquest must be held if dam is to be raised higher, Gil. 127. 
 petition to build, where bed of stream belongs in part to petitioner suffi- 
 cient on showing that fact, 3 E. 33. 
 petition for leave to build, may be ore terms, 3 K. 33. 
 law does not give power to condemn laiid for a rajCe,. 5 K. ,58. 
 leave to erect, no bar to public prosecution or suit for injuries not estimated 
 
 at inquest, 5 E. 691. 
 what is good ground for interference of equity, 6 E. 245. 
 legislature may grant right to establish, on rivers and streams, 6 E. 245. 
 -right to lands cannot be collaterally tried in a mill case, 1 L. 1. 
 what order should be if title to lands damaged is doubtful, 1 L. 1. 
 rebuilt is not, buUt after act of 1819, 1 E. C. ch. 235 ?10, 2 L. 721. 
 not established according to law so as to use water of Appomattox River, 
 
 3 L. 318. 
 when after leave to build a, is granted, leave to build another should he 
 
 refused, 10 L. 332. 
 when inquisition quashed, 12 L. 228. 
 when leave to build, to owner of lands on both sides of stream is sufficient, 
 
 1 Rob. 468. 
 when judgment that land that is overflowed be vested in fee in the appli- 
 cant reversed, 1 Eob. 468. 
 what evidence as to ownership of land by applicant, rejected, 2 Kob, 241. 
 wlien court will not enjoin rebuilding of dam, 2 Eob. 500. 
 what petitioner must show on application to buUd a, 2 G. 528. 
 inquisition quashed if greater quantity of land will be overflowed than 
 
 jury estimated, 2 G. 528. 
 county court cannot alter damages assessed by jury to adjoining owners, 2 
 
 6. 528. 
 applicant not entitled to ownership of land overflowed on payment of 
 , damages assessed, 2 6. 528. 
 
 when inquest in a mill case no bar to action for damages against vendee of, 
 
 8»G. 88. 
 defendant relying on inquest cannot deny ownership of land by applicant 
 
 for the, 8G.88. 
 wheS owner'hot at first raising dam to authorized height may do so after- 
 wards, 8 G. 88. 
 for wli&t injury caused by a dam, party joining in conveyance of, cannot 
 
 recover, 8 G. 88. , , j 
 
 what a sufficient compliance with the statute in a petition for leave to 
 erect a dam, 9 O: 94. 
 
MILL— MISDEMEANOE. 373 
 
 MILL, Continued. 
 when jury should specify height of dam in their inquisition, 9 G. 94. 
 as to what lower courts presumed to have acted rightly in such case, 9 G. 94. 
 as to condition that person erecting dam shall keep a ferry hoat, 9 G. 94. 
 as to injury to land caused by raising dam, 24 G. 74. 
 as to adverse possession of dam. What evidence admissible; what not; 
 
 presumptions, &c., 24 G. 74. 
 application for leave to build a, may be moved to circuit court under act 
 
 1842-3 p. 18 ?4, 3 P. & H. 608. 
 such proceeding may be revived against heirs of party resisting the appli- 
 cation, 2 P. & H. 608. 
 what evidence admissible in suit for damages caused by raising dam, 32 
 
 G. 684. 
 who competent witness, and who incompetent ia such suit, 32 G. 684. 
 what damages proper in such case, 32 G. 684. 
 MINISTER OF THE GOSPEL; see Clergy. 
 MISDEMEANOE; see Criminal Jurisdiction and Proceedings. 
 when false swearing before a clerk a, 4 G. 554. 
 what commonwealth must show in prosecution under act 1847-8 ch. 10, 
 
 «24, 7 G. 602. 
 presentment for a, is the commencement of the prosecution to which act 
 
 of limitations applies, 7 G. 631. 
 in cases of, court may discharge jury without defendant's consent, 7 G. 
 
 662. 
 when breaking and entering the close of another is a, 8 G. 708. 
 killing dog of another in his yard is a, 8 G. 708. 
 writ of error lies for commonwealth in case of selling liquor without 
 
 license, 10 G. 749. 
 offence of a free negro in returning to the State is a ; he is entitled to an 
 
 appeal, 11 G. 292. 
 no appeal lies to Court of Appeals from a judgment for a, 3 C. 461. , 
 on indictment for, in U. S. court, the court assesses the fine, 6 C. 245. 
 when capias awarded against party charged with a, 3 H. & M. 575. 
 if jury in case of, fail to assess fine judgment for imprisonment only will 
 
 be rendered, IV. C. 19. 
 in indictment against husband and wife for a, the fine should be separate) 
 
 1 V. G. 262. 
 statute does not authorize prosecution for killing another's dogs, 3 L. 809. 
 when judgment for costs given against prosecutor in prosecution for a, 1 
 
 G. 556. 
 killing a dog not a, 17 G. 617. 
 what an acquittal of felony and a conviction for assault and battery, 22 G. 
 
 899 . 
 when acquittal in one case of a, a bar to another, 23 G. 915. 
 when vrrit of error lies from judgment of circuit court in case of a, 25 G. 
 
 938. 
 if two are indicted jointly fer a, they cannot be tried separately, 25 G. 938. 
 when parties destroying toll gate guilty of a, 27 G. 950. 
 
MISNOMER— MISTAKE. 
 
 MISNOMER; see Pleading. 
 
 when a fatal error either on plea of abatement or judgment by default, 6 
 
 E. 551. 
 MISTAKE; see Accident. 
 verdict wiU be set aside if found by jurors under, 1 W. 79. 
 when award will be set aside for, 1 W, 156. 
 
 judgment entered by, of clerk relieved against in equity, 1 W. 254. 
 in survey giving too much land does not affect title, 2 W. 116. 
 of clerk, when it can be corrected on motion, 2 W. 130. 
 how a judgment given on an erroneous record sent to Court of Appeals is 
 
 corrected, 3 C. 230. 
 in equity party will be relieved against his own, made before commissioner, 
 
 4 C. 364. 
 deficiency in land allowed for on ground of, 6 C. 218 ; see 2 H. & M. 173, 
 
 n, and 2 E. 67. 
 erroneous entry of decree may be corrected on motion at next term of 
 
 court, 1 H. & M. 204. 
 vendee evicted froni land of which he was put in possession by vendor by, 
 
 need not pay rent therefor, 1 H. & M. 350. 
 when party not entitled to relief against a, of sheriff, 2 H. & M. 13. 
 when, in deed as to number of acres of land corrected in equity, 2 H. & 
 
 M. 173. 
 when award not set aside merely for, in the judgment of the arbitrators, 
 
 2 H. & M. 408. 
 if clerk by, fail to enter a judgment, an appeal thereon should be dismissed, 
 
 2 H. & M. 542. 
 in a writing referring to another may be corrected in equity by the writ- 
 ing referred to, 3 H. & M. 144. 
 an executed agreement not disturbed except for ffaud or, 3 H. & M. 288. 
 of clerk of Court of Appeals in omitting entry setting aside a judgment, 
 
 corrected at a subsequent term, 3 H, & M. 449. 
 how, of clerk in issuing execution corrected, 4 H. & M. 293. 
 relief for deficiency in land given, there being a, by both parties as to liaesi 
 
 1 M. 330. 
 infant's right to land sold by, for taxes established against purchaser, 1 
 
 M. 419. 
 what evidence admisible to show, by donor in making a deed, 2 M. 187. 
 when bail not relieved against, in writ, 2 M. 448. 
 new trial granted on ground of accident and, 4 M. 68. 
 equity can decreee the re-payment of money paid by, 5 M. 183. 
 contract for sale of land rescinded in equity on the ground of, 6 M. 283. 
 injunction made perpetual, contract being founded on a, of fact, 6 M. 287. 
 qusere, whether a technical, in judgment amendable in same way as clerical, 
 
 4 L. 308. 
 relief given in this case on ground of, 8 L. 316. 
 in conveyance corrected on bill filed by vendee, 9 L. 556. 
 of trustee in selling wrong estate in land corrected in equity, 12 L. 434. 
 in deed conveying land corrected, 1 Rob. 287. 
 
MISTAKE— MONEY. 375 
 
 MISTAKE, Continued. 
 
 of scrivener either of law or fact iu drawing a deed, corrected in equity, 
 2 G. 266. 
 
 when equity will set sale aside on account of, -as to interest of vendor, 3 
 G. 184. 
 
 grantor in trust deed may have it corrected because not prepared accord- 
 ing to directions, 3 G. 350. 
 
 when equity will not interfere on ground of, but leave parties to legal 
 remedy, 3 G. 320. 
 
 equity will enjoin a judgment and grant new trial for, by jury ascertained 
 by after discovered evidence, 6 G. 50. 
 
 new trial granted for mistake of jurors as to legal effect of their verdict, 
 
 6 G. 219. 
 
 party making compromise in ignorance of important facts not bound by it, 
 
 7 G. 86. 
 
 as to title, no ground for relief to purchaser buying without agreement for 
 
 a warranty, 7 G. 234. 
 when purchaser not given relief from, in estimated quantity of land, 7 G. 
 
 234. 
 assignment of a security made under a, restricted, 8 G. 70. 
 when purchaser by the acre not relieved for, in boundaries of land, 9 G. 277. 
 when words omitted by, supplied, 22 G. 643. 
 when equity will correct mutual mistakes, 26 G. 442. 
 equity will correct, in agreement as to sale of land, 26 G. 641. 
 wt)rds omitted by, in a record, bond or statute, when supplied, 27 G. 676. 
 principles on which equity will act as to correcting a, in a deed, 28 G. 356. 
 in agreement for the adjustment of an account corrected, 28 G. 374. 
 what of officer of insurance company a waiver of forfeiture of policy ; 
 
 what not, 28 G. 585. 
 when purchaser at judicial sale relieved on ground of, 28 G. 698. 
 equity vrill not relieve against a judgment for mutual, of parties as to law, 
 
 2 P. & H. 327. 
 express disposition in a wUl though a, not controlled by inference, 2 P. 
 
 & H. 388. 
 MOFFETT REGISTER, 
 act of 1877 as to, constitutional, 29 G. 844. 
 to what cases act as to, does not apply, 29 G. 853. 
 indictment under Moffett liquor law not alleging defendant was " licensed," 
 
 bad, 33 G. 827. 
 MONEY; see Confederate Money; Paper Money. 
 when considered as slaves and passing with land in tail, 1 "W. 30. 
 when judgment should be for " sterling money," 1 W. 115 ; 2 "W. 165. 
 when judgment should be in current, to be discharged by sterling, 2 W. 
 
 150. 
 how judgment on bond for sterling, reduced to currency, 1 C. 41. 
 receipt of plaintiff's attorney discharges judgment, 1 C. 147. 
 when hill of exchange being for sterling, plaintiff can only recover sum as 
 
 current, 1 C. 394. 
 
376 MONEY— MOKTGAGE. 
 
 MONEY, Continued. 
 
 when clerk is not liable for, paid his deputy in a suit, 1 C. 481. 
 
 on judgments for sterlingj court should fix rate of exchange, 3 C. 557. 
 
 in scaling Confederate contract, how legal tender taken as standard, 18 G. 
 
 426. 
 act of March 29, 1862, providing a currency of notes, &c., temporary in its 
 
 operation, 20 G. 330. 
 when a bond must he paid in ciirrency designated on its face, 21 G. 386. 
 
 MONSTRANS DE DEOlT. 
 • in a, to an inquisition of escheat the monstrant is plaintiff, and he must 
 show a good title to get a judgment against commonwealth, 5 L. 512. 
 
 MOKTGAGE ; see .Deed ; Deed of Trust. 
 when deed absolute on its face a, 1 W. 14, 125 ; 1 Eob. 148. 
 why twenty years is usual time for redemption under, 1 W. 14. 
 damages to land by mortgagee deducted from amount due him, 1 W. 162. 
 mortgagor in possession must account for profits, Wy. 188 ; see ib. 404. 
 , when possession of property by mortgagee not evidence of fraud, 1 "W. 177. 
 what acts cpnstitute a discharge of a, 1 C. 187. 
 what held to be a conditional sale and not a, 1 0. 280. 
 personal representatives, not heirs, of mortgagee of slaves should bring 
 
 bill to foreclose, 1 C. 419. 
 mortgagee's declaration that mortgage was paid off, is admissible, 2 C. 275. 
 what considered a, and not a conditional sale, 2 C. 421. 
 when mortgagor liable to mortgagee for surplus of purchase money, but 
 
 not for profit, 1 H. & M. S9. 
 • when bill of sale absolute on its face a, 4 H. & M. 101. 
 
 when mortgagee vrithout notice protected against a prior equitable title, 1 
 
 M. 449. 
 qwcere, as to indemnity of mortgagee who suffers land to be sold for taxes, 
 
 2 M. 363. 
 what decree should be when purchaser of mortgaged land goes into equity, 
 
 2 M. 527. 
 for what mortgaged lands in possession of purchaser vyith notice, liable and 
 
 not liable, 2 M. 527. 
 when purchaser protected, mortgagee pernjitting mortgagor to sell, 4 M. 
 
 351. 
 when several mortgages considered as securities for one debt, 6 M. 484. 
 when creditor cannot tack note or bond to his, 6 M. 550. 
 when purchaser takes subject to unrecorded, when not subject to it, 4 E. 
 
 208. 
 payment after given day does not deprive mortgagee of his action at law 
 
 on the, 4 E. 245. 
 how mortgagee may get possession of mortgaged premises after forfeiitnre, 
 
 4 R. 468. 
 when second mortgagees postponed to pretended creditor, 2 L. 84. 
 creditor procuring a, of his debtor's property can only claim as purchaser, 
 
 2 L. 84. 
 
MORTGAGE. 377 
 
 MORTGAGE, Continued. 
 
 how profits accruing prior to maturity of debt secured by, applied in this 
 case, 2 L. 353. 
 
 party who has disclaimed cannot afterwards assert right against the mort- 
 gagee, 2 L. 401. 
 
 when debt entitled to payment out of lands conveyed to secure it, and to 
 pro 1-aia share of other property, 2 L. 416. 
 
 mortgagee held to have notice of prior, though he was told debt secured 
 by it was usurious, 2 L. 426. 
 
 how claims under several mortgages satisfied in this case, 3 L. 532, 
 
 when legal estate acquired after deed of trust of equitable estate does not 
 enure to trustees, 3 L. 365. 
 
 recording of deed of equitablte estate not constructive notice to purchaser 
 of legal estate, 3 L. 365. 
 
 when mortgagor allowing mortgagee to sell cannot redeem against the pur- 
 chaser, 3 L. 654, 
 
 bill of sale intended as a, and not recorded, void as to subsequent pur- 
 chaser, 4 L. 266. 
 
 contract held not to be security for payment of a debt, 5 L. 434. 
 
 if several mortgages executed and recorded same day, one first executed has 
 priority, 7 L. 98. 
 
 fund taken out of hands of trustee by court of chancery, 8 L. 415 
 
 when wife of purchaser mortgaging laud not entitled to dower, 12 L. 264. 
 
 as to subrogation of one joint purchaser who has paid most of the purchase 
 money to rights ofmortgagee, 12 L. 264. 
 
 by a public company to secure a loan made by authority of the legisla- 
 ture valid, 1 G. 364. 
 
 when equity will sequestrate rents of mortgaged property, 1 G, 289. 
 
 to secure all debts and indemnify for all suretyships without specifying 
 each is valid, 3 G. 142. 
 
 when, by married woman cannot be redeemed by her trustee without pay- 
 ing debt subsequently contracted, 5 G. 345. 
 
 when mortgE^ee may have relief in equity against claimant of mortgaged 
 property instead of trying case -at law, 6 G. 615. 
 
 case of equitable ; how accounts of equitable mortgagee in possession set- 
 tled, 12 G. 541. 
 
 case of lien of creditor in a trust against subsequent grantee of land, 12 G. 
 372. 
 
 what not a conditional sale but a, 24 G. 368. 
 
 deed absolute on its face proved by parol evidence to be a, 29 G. 27 ; 1, W. 
 14. 
 
 circumstances looked to in deciding whether deed a conditional sale or a, 
 29 G. 27. 
 
 presumption from lapse of time that will bar enforcement of, may be re^ 
 pelled, 29 G. 27. 
 
 not affected by lapse of time not sufficient to raise a presumption of pay- 
 ment though claim secured barred by act of limitations, 33 G. 617. 
 
 48 
 
378 MOTION, 
 
 MOTION. 
 ,of sheriff against deputy, what judgment he should recover, 1 W. 72. 
 on joint bond, plea of non est factum should be first tried, 1 W. 72. 
 on forthcoming bond defendant must prove performance, 1 W. 330. 
 process irregularly and fraudulently issued quashed by court on, 2 W. 50. 
 replevy bond quashed on, if commissioners who take it act improperly, 2 
 
 W.50. 
 when mistake of clerk can be corrected on, 2 W. 130. 
 faulty forthcoming bond and second execution may be both quashed on, 2 
 
 W. 189. 
 supersedeas will lie from judgment on a, to quash an execution, 2 W. 194. 
 when party may elect to proceed at common law or by, 1 C. 243. 
 if notice apprise defendant of grounds of, it is sufBcient, 1 C. 443. 
 included in terms " suits " and " actions " in act of 1798, 1 C. 475. 
 under act of 1793 sheriff may recover against his deputy by, 1 C. 538. 
 ' when sheriff may give oral testimony on a, against his deputy, 1 C. 538. 
 when assignment of dower made on, will not be set aside, 3 C. 13. 
 act of limitation no bar to, against personal representative of sheriff for 
 
 clerk's tickets, 3 C. 220. 
 lies against personal representative of sheriff for clerk's tickets left in his 
 
 hands for collection, 3 C. 220. 
 after judgment on a, court will presume all necessary things proven, 4 C. 
 
 357. 
 act of limitations will not bar, against party failing to account for public 
 
 money, 1 H. & M. 85. 
 erroneous entry of decree may be corrected on, at next term of court, 1 
 
 H. & M. 204. 
 ■when appeal may be dismissed on, without resorting to a scire facias, 1 H. 
 
 & M. 339. 
 on forthcoming bond must be made on day to which notice is given unless 
 
 defendant is called and motion continued, 1 H. & M. 4. 
 act of December 11, 1793, authorizes, against deputy sheriff and sureties 
 
 jointly, 4 M. 238. 
 what remedy by, against sureties of deputy sheriff given by ?51 of execu- 
 tion law of 1793, 2 M. 280. 
 what notice of, and judgment on, against sheriff good, 4 M. 398. 
 when may be made against sheriff and sureties for failure of deputy to 
 • pay money collected by him, 2 V. C. 229. 
 endorsee of execution cannot bring, in his own name against sheriff, 1 L. 
 
 436. 
 lies on bond of deputy sheriff against him and surviving sureties, one 
 
 surety being dead, 2 L. 393. 
 judgment against sheriff for default of deputy is evidence against sureties 
 
 of deputy in suit on his bond, 2 L. 393. 
 court not authorized to give interest on, by sheriff against deputy and his 
 
 sureties, 10 L. 581. 
 debtor who pays execution cannot maintain, against sheriff for not return- 
 ing it, 2 L. 560. 
 
MOTION. S79 
 
 MOTION, Continued. '■ 
 
 statutes granting, against sheriff and deputy are not imperative. When 
 
 f heriff cannot recover from deputy, 2 L. 560. 
 when judgment against deputy sheriflf may be for damages continuing 
 
 nntU payment, 8 L. 218. 
 judgment on, may be against sheriff and such of his sureties as are alive, 
 
 9 L. 297. 
 sheriffs administrator entitled to judgment against deputy's executor 
 
 after ten years from return day of execution, 10 L. 581. 
 guxre, on vfhat bonds remedy is by, for the eommopvrealth under 2 R. C. 
 
 ch. 189 ?4, 3 L. 703. 
 a party may without notice move court to direct an execution issued, or 
 
 to quash one, 2 H. &M, 181. 
 when on, to quash an execution court has jurisdiction to try the facts, 5 
 
 E. 639. 
 if debtor charged in execution escapes, new execution will issue on, 8 L. 
 
 554. 
 no motion lies for sureties against devisees of their principals, 2 L. 68. 
 surety paying several sums for principal may have several judgments 
 
 against him for said sums, 3 L. 609. 
 when notice of, by surety against principal part of the record ; when not, 
 
 3 L. 609. 
 
 what is a discontinuance of a, against surety, 7 L. 221. 
 
 judgment should not be given on, unless plaintiff come fully within terms 
 
 of the act, 2 H. & M. 48. 
 under act of 1796, ch. 31, Alexandria could not recover taxes by, but only 
 
 money due for paving streets. What notice must state, 2 M. 228. 
 when residence of defendant must be proved to get judgment on, against 
 
 him, 2 M. 228. 
 what decree may be amended on, in a summary way, 3 M. 29. 
 error in a judgment cannot be corrected on, after five years from its date, 
 
 4 M. 377. 
 
 executors of a surety cannot recover on, against devisee of principal, money 
 
 paid"by them under judgment of a Federal court, 6 M. 202. 
 when may be by sheriff against deputy for failing to pay money collected, 
 
 4 G. 160. 
 quaire, can wife assert her right to survivorship, or to a provisiou, by, 1 P. 
 
 & H. 12. 
 in whose name, to quash inquisition on a judgment should be, 5 G. 1. 
 what causes may be removed from county court to circuit court on, 11 G. 
 
 527,587. 
 when money collected on, under Code 1860, 13 G. 658. 
 when to move cause from county court properly overruled, 15 G. 381 ; 16 
 
 G. 99. 
 to quash indictments and informations not encouraged, 6 G. 699. 
 when, to quash presentment for a misdemeanor overruled, 7 G. 631. 
 judgment overruling, to quash presentment, no reason against leave to file 
 
 information, 7 G. 631. 
 when court wUl quash indictment on, when not, 8 G. 600 ; 18 G. 969. 
 
380 MULTIFAKIOUSNESS— MURDER. 
 
 MULTIFARIOUStf ESS ; see BUI; Equity; Pleadivig. 
 ■what bill by legatees not multifarious, 7 G. 264. 
 bill held multifarious, 26 G. 291. 
 MULTIPLICITY OF SUITS, 
 bill for specific execution not received while another suit pending in county 
 
 'court, 4L. 373. 
 ouster of equitable jurisdiction by prior litigation at law, -5 L. 444; 6 L. 
 
 175;7L. 157, 227,238. 
 equitable jurisdiction to decree payment by conditional vendee, 10 L.251. 
 MUNICIPAL COEPOEATION ; see Corporation. 
 
 MUEDER ; see Criminal Jurisdiclion and Proceedings; Homicide; Man- 
 slaughter. 
 clerk need not include involuttary manslaughter in his charge to jury on 
 
 tfial for, 3 G. 566. 
 manslaughter and, defined. "When court cannot set aside verdict, 3 6. 566. 
 what is murder, 3 G. 566 ; 5 G. 660; 1 V. C. 10. 
 third trial granted prisoner who was twice convicted of, 7 G. 613. 
 when killing of slave by master is, 7 G. 673. 
 distinguished from manslaughter, 2 V. C. 78; 22 G. 924. 
 what constitutes, in the first and second degree, 6 E. 721 ; 1 L. 598. 
 evidence in this case held to sustain verdict for, in the first degree, 8 L. 
 
 745. 
 what murder in second degree, 11 L. 681 ; 2 Eob. 771. 
 presumption is of, in the second degree ; on whom onus to raise or reduce 
 
 offence, 2G. 594.. 
 ■what prima fade wilful killing; rule of law as to intent, 2 G. 594. 
 what need not be stated in indictment for, 1 V. C. 310. 
 indictment for, must charge killing was done " vriith malice aforethought," 
 
 2 V. C. 70. 
 word percussit not technical ; what equivalent to it. What indictment suf- 
 ficient, 2 V. C. 111. 
 indictment for, need not conclude contra formaroi statvii, 2 V. C. 162, 
 person examined for stabbing cannot be indicted for, without another ex- 
 amination, 2 V. C. 205. 
 what a sufiicient indictment for, to convict of, in the first degree, 2 V. C. 
 
 387; 9L. 661. 
 what not an indictment for, in the second degree, 2 V. C. 387. 
 examining court cannot acquit for, and remand for "manslaughter," 1 V. C. 
 
 188, 253, 258. 
 what plea in abatement to an indictment for, insufficient, 2 V. C. 375. 
 case of conviction of, in first degree on circumstantial evidence, 2 V. C. 387. 
 case of, in first degree afid new trial refused, 2 V. C. 483. 
 when evidence of shooting by accused of a third person admissible on 
 
 trial for, 1 Eob. 735. 
 quxre, as to admissibility of prisoner's declarations on trial for, 2 G. 594. 
 how death of murdered person may be laid in indictment for, 21 G. 809. 
 what proof necessary in case of, as to admissions of prisoner, 21 G. 809. 
 
MUEDER— MUTUAL ASSURANCE SOCIETY. 381 
 
 MURDER,. Continued. 
 
 on trial for, necessity of killing arising out of prisoner's misconduct, no 
 
 defence, 12 G. 717. 
 what is, in second degree, 15 G. 634. 
 
 what need not be stated in indictment for, by poison, 24 G. 657. 
 an indictment for, by poison. Charge of clerk. What verdict sufficient, 
 
 24 G. 657. 
 accessary before the fact cannot be convicted on indictment against him 
 
 as principal, 24 G. 657. 
 when person not guilty of, though his fear of danger at time of offence 
 
 was not real, 25 G. 887. 
 prisoner held guilty of, in the first degree in this case, 26 G. 995. 
 what is in the first degree, 21 G. 809 ; 26 G. 995 ; 33 G..880. 
 when appellate court will not reverse a judgment in case of, in first degree 
 
 26 G. 995. 
 burden is on commonwealth to raise offence to, in first degree and on 
 
 prisoner to reduce it to manslaughter, 32 G. 929. 
 circumstances held to reduce homicide by drunken man to, in second de- 
 gree, 32 G. 929. 
 effect of evidence of voluntary intoxication of prisoner in a trial for, 32 
 
 G. 9-29. 
 circumstantial evidence held sufficient to convict of, 32 G. 912. 
 what statements of prisoner as to prior difficulty with deceased evidence 
 
 on trial for, 33 G. 766. 
 particulars of assault made by prisoner on deceased on same day of kill- 
 ing, evidence, when, 33 G. 766. 
 prisoner present at the killing but taking no part in it, held not guilty of 
 
 any offence, 33 G. 834. 
 directing same persons summoned on first venire to be summoned on second 
 
 not error, when, 33 G. 845. 
 confessions of prisoner held admissible, 33 G. 845. 
 prisoner who watched while others committed, is a principal in the first 
 
 degree, 33 G. 845. 
 negro on trial for, is not entitled to a mixed jury, 33 G. 845. 
 prisoner in this case properly held guilty of, in the first degree, 33 G. 872. 
 verdict not set aside for refusal of lower court to change the venue, when, 
 
 33 G. 880. 
 what language in venire facia^ not error, 33 G. 766, 807. 
 MUTUAL ASSURANCE SOCIETY, 
 leasehold tenements not insurable by, 5 C. 517. 
 member of, bound by act of assembly varying original act of incorporation, 
 
 4 H. & M. 315. 
 power of president and directors of, to discriminate between members in 
 
 calling for quotas, 5 M. 263. 
 quasre, as to liability of purchaser of property for premium, 1 M. 590. 
 on motion for quotas act of limitations is no defence, 6 B. 22. 
 purchaser liable for quotas as well as original subscriber, 6 R. 22. 
 what not usury; what judgment erroneous for uncertainty, 6 E. 22. 
 
382 MUTUAL ASSURANCE SOCIETY. 
 
 MUTUAL ASSURANCE SOCIETY, Continued. 
 
 has lien for quolaa which follows property into hands of purchaser without 
 notice, 3 L, 218 ; 2 Eoh. 705. 
 
 If buildings insured are mortgaged, policy is ipso facto assigned to mort- 
 gagee, 4 L. 69. 
 
 judgment for guofeis erroneous in this case, 10 L. 502. 
 
 under acts of 1794-5 mortgaged property not insurable in, 1 Eob. 661. 
 
 owner of freehold estate insured becomes a member of, 2 Rob. 705. 
 
 how lien enforced when there is a life estate and reversion, 2 Eob. 705. 
 
 when lien on two tenements satisfied by sale of one, 2 Eob. 705. 
 
 when insurance may be applied to repairs of building, 2 G. 408. 
 
 lessor of land not liable to, for qiMilat of insurance, 29 G. 612. 
 
 what not an insurable interest in, 29 G. 612. 
 
 effect of insuring in another company property insured in, 29 G. 612. 
 
NATIONAL BANK— NEGLIGENCE. 383" 
 
 N. 
 
 NATIONAL BANK ; see Bank. 
 NATURALIZATION ; see Alien ; Citizen. 
 
 what certificate of, imported in this case and therefore good, 5 L. 743. 
 NAVIGABLE WATERS ; see River ; Water BighU. 
 
 patent for land constituting bed of a navigable river is void, 27 G. 430. 
 
 soil under, is property of State, subject to authority of the United States 
 as to commerce, 27 G. 985. 
 NE EXEAT. 
 
 what required in order to grant a writ of, 6 B. 188. 
 NEGLIGENCE ; see Accident ; Carrier ; Corporation ; Damages; Injury ; 
 Ladies; Mistake; Bailroad Company. 
 
 consignee not liable for debts due on goods sold by him on credit without 
 gross negligence, 2 C. 358. 
 
 appointment of proper agent to collect is prima facie evidence of due dili- 
 gence, 2 C. 358. 
 
 what is gross, in preparing a case for trial, 4 C. 274. 
 
 course of purchaser of cotton injured by, of telegraph company, 15 G. 122_ 
 
 is gravamen of action for injury to vessel on the water, 17 G. 115. 
 
 principles governing in action for injury by collision between steamer and 
 schooner, 17 G. 115. 
 
 what facts may be considered by jury in suit against agent for, 21 G. 214. 
 
 what, by assignee bars him from recovering against his assignor, 22 G. 534. 
 
 party can demur to the evidence in an action for, 23 G. 619. 
 
 when railroad company liable for injury to horses, 23 G. 619. 
 
 as between co-terminous owners of buildings, 27 G. 77. 
 
 when railroad company liable for injury caused by running over child in 
 a street, 27 G. 455. 
 
 what not contributory, in parent of an infant child, 27 G. 455. 
 
 what, for which owner of wharf held responsible, 28 G. 321. 
 
 when bailee of bank note guilty of, when not, 28 G. 601. 
 
 for what, railroad company liable in suit by administrator of person killed 
 on train, 29 G. 431. 
 
 railroad company held not liable for, in killing person in this case, 30 G. 
 602. 
 
 railroad company held not liable for, in kUlihg an employee, 30 G. 805. 
 
 principles as to holding railroad company liable for. In suit by adminis- 
 trator of person killed, 30 G. 602, 805. 
 
 wha;t contributory, 30 G. 602, 805; 31 G. 200, 812. 
 
 railroad company not liable for, in injuring passenger, 31 G. 200. 
 
 when municipal corporation liable for failure to keep street in repair, 31 
 G. 271. 
 
 when plaintiff cannot recover in action for, if he is guilty of contributory, 
 30 G. 602, 805; 31 G. 200, 812. 
 
 railroad company held liable for killing person on track, 31 G. 812. 
 
384 NEGLIGENCE— NEW TRIAL. 
 
 NEGLIGENCE, Continued. 
 for what degree of, railroad company liable in damages, and for what dam- 
 ages, 32 G. 394. 
 when, of agent Is a question to be decided by the court, and when by the 
 
 jury. 32 G. 670. 
 party injured by fall on sidewalk cannot recover damages from city if 
 
 guilty of contributory, 32 G. 792. 
 city negligently filling up streets liable for injury caused by throwing 
 
 water on adjoining lot, 33 G. 208. 
 feilure to collect debt in this case held not, either of administrator or his 
 attorney, 33 G. 251. 
 NEGOTIABLE INSTEUMENTS; see Bill of Exchange; Cheek; Coupon; 
 
 Promissory Note. 
 NEGRO; see Free Negro ; Marriage. 
 who not a, in sense of the statute, 28 G. 939. 
 on trial for murder not entitled to a mixed jury, 33 G. 845. 
 NEW TRIAL; see ./Urest of Judgment ; Bill of Review; Criminal Jurisdiction 
 and Proceedings ; Jeofails; Trial; Verdict. 
 
 1. In Genebal. 
 
 2. When Granted. 
 
 3. When Refused. 
 1. In Geneeal; 
 
 not awarded without payment of costs, when, 1 W. 322 ; 3 R. 52. 
 
 because verdict is contrary to the evidence, only granted in a plain case, 3 
 C. 309. 
 
 at what time and term counsel may move for a, 4 C. 279. 
 
 injunction to a judgment not allowed when there has been neglect in 
 making defence at law, 4 G. 147. 
 
 when chancellor may direct, at place other than agreed on, 4 C. 279. 
 
 when equity enjoining a judgment will not award a, but gfve relief itself, 
 6 G. 50. 
 
 appellate court will direct an appropriate issue if issue tried was improp- 
 erly framed, 4 C. 288. 
 
 error to set verdict aside to allow defendant to confess judgment and resort 
 to equity, when, 6 G. 287. 
 
 Court of Appeals may grant a, 4 C. 411. 
 
 principles governing granting of, on an issue out of chancery, 22 G. 177. 
 
 principles as to granting or refusing, at law, 22 G. 550 ; 25 G. 129. 
 
 principles as to granting, on ground of newly discovered evidence, 8 G. 
 637 ; 20 G. 296 ; 22 G. 924 ; 32 G. 140. 
 
 prisoner cannot be retried on counts on which he was acquitted, 2 V. C. 
 297. 
 
 when if, refused prisoner cannot spread evidence on the record, 2 V, C. 
 353. 
 
 qusere, is court bound to spread evidence, or facts, on the record on refus- 
 ing a, 2 V. C. 483. 
 
 when inferior court should give reason for not granting, 1 W. 322. 
 
NEW TRIAL. 385 
 
 NEW TRIAL, In Geneeal. Oontimied. 
 granted in trespass to defendants found guilty, does not affect those acqnit- 
 
 ed, Gil. 36. 
 if, granted for insufficient damages record need not show ground for 
 
 awarding it, 3 K. 52. 
 for misdemeanor may be granted after first term any time before judg- 
 ment rendered, 1 V. C. 172. 
 when exception to refusal to grant, erroneous, 4 C. 367. 
 equity should intefere by injunction cautiously after verdict for damages 
 
 and refusal to grant a, 1 H. & M. 585. 
 motion for, on ground that verdict was contrary to the evidence, rests on 
 
 evidence given at trial only, 6 M. 457. 
 can only be had on motion. Appellate court cannot grant without motion 
 
 in lower court, 3 E. 516. 
 what appellate court will do if, improperly granted, 2 L. 474. 
 opinion of court refusing a, is entitled to great respect in appellate court, 
 
 5 L. 598. 
 when court refusing, may refuse to certify the evidence or facts, 1 G. 332. 
 General Court having dii-ected a, its judgment cannot be questioned, 5 G. 
 
 693. 
 on refusing a, court may state facts, &c., from judge's notes,. 1 L. 598. 
 as to discretion of judge in awarding a, because of acts of jurors, 1 Eob. 
 
 735. 
 when upon, granted for defendant, plaintiff must proceed de novo, 2 V.C. 
 
 321. 
 appellate court cannot grant, because it would not have agreed in verdict, 
 
 2 G. 594. 
 when motion to reconsider order granting, properly continued, 10 G. 215. 
 what necessary in order to get, from appellate court, 12 6. 717, , ^ 
 
 it is error if prisoner is not present when motion for, is made and decided, 
 
 13 G. 763. 
 when objection to instruction should be made, 14 G. 613. 
 what, must be for, if prisoner has been convicted of murder in the second 
 
 degree, or of manslaughter, 14 G. 592. 
 when court may set verdict aside or make plaintiff reduce it, 17 G. 427. 
 evidence of juror is not admissible to impeach verdict, 22 G. 924. 
 rules as to, on ground of after discovered evidence apply to motion to set 
 
 aside an award on that ground, 25 G. 129. 
 rules as to grantiug of, 6 G. 712 ; 21 G. 214 ; 27 G. 1009. 
 if, is granted on condition, the condition must be complied with, 30 G. 247. 
 if on two trials verdict is for defendant and it was error to set aside first 
 
 verdict, appellate court will not consider proceedings on second trial, 
 
 33 G. 342. 
 2. When Granted : 
 on a verdict found under a mistake, 1 W. 79. 
 if jury find against the instructions of the court, 1 W. 217. 
 by chancellor on affidavits, 1 W. 156. 
 
 49 
 
386 NEW TKIAL. 
 
 NEW TRIAL, When Granted, Continued. 
 
 on certificate of judge that verdict on issue out of chancery is against 
 evidence, 1 W. 336. 
 
 if trial at law was unfair, 2 W. 36, 255. 
 
 if verdict at law unrighteous, equity will set it aside, 2 W. 80. 
 
 ■when court of chancery may order verdict certified to it and give a final 
 decree, 1 C. 500. 
 
 grounds on which equity will grant, at law, 1 C. 546 ; 4 C. 279. 
 
 because plea was filed inadvertently, or ignorantly, 2 C. 527. 
 
 if special verdict finding a feoffment does not state there was livery of 
 seisin, 3 C. 367. 
 
 if verdict too uncertain to render a judgment on it, 3 C. 424. 
 
 hecause juror misunderstood evidence and its application to the law, 4 C. 84. 
 
 because of mistake of jurors, Wy. 133, 253. 
 
 if jury find more damages than laid in writ, unless plaintiff releases ex- 
 cess, 6 C. 85 ; 5 M. 494. 
 
 if verdict in detinue fails to show title in plaintiff, 1 H. & M. 213. 
 
 of issue in an action of trespass, by a couxt of equity, 2 H. & M. 245. 
 
 if verdict was on testimony of a single witness whose answer is contra- 
 dicted, 4 M. 479. 
 
 on ground of mistake and accident, 4 M. 68. 
 
 because no issue was joined on the second plea, 4 M. 430. 
 
 by equity to verdict at law finding plaintiff a slave, 5 M. 95. 
 
 if bill of exception show plaintiff ought not to recover, 6 M. 18. 
 
 plaintiff in ejectment on ground of mistake and injustice, 3 E. 475. 
 
 because of vagueness in bill of exceptions, 2 L. 321 ; 4 L. 1. 
 
 If exception states evidence instead of facts, 5 G. 141. 
 
 if special verdict be uncertain, 4 L. 37. 
 
 if evidence did not justify verdict, 9 L. 30. 
 
 if verdict does not conform with fair inferences from facts stated in bill of 
 exceptions, 9 L. 18 ; 12 L. 147. 
 
 after office judgment and writ of enquiry, and verdict found for defendant 
 without any plea, 9 L. 422. 
 
 equity will grant, when justices had left the bench so that a motion for, 
 could not be made, 2 G. 212. 
 
 because of instruction given at a former trial, 5 G-. 90. 
 
 for mistake of jurora as to legal effect of verdict; 6 G. 219, 
 
 becausfe of comment of judge on weight of evidence calculated to mislead 
 the jury, 11 G. 377. 
 
 for insufficient verdict in case of unlawful stabbing, 5 Q. 663. 
 
 at instance of accused, 6 G. 712. 
 
 to prisoner twice convicted of murder, 7 G. 613. 
 
 if sheriff leaves jury with other persons, 8 G. 712. 
 
 in prosecution under Code 1849 ch. 199 §25, 9 G. 738. 
 
 if a juror separates from rest of jury, 1 V. C. 271 ; 1 Rob. 756. 
 
 in case of larceny because of separation of jury, 7 L. 751. 
 
 in felony case, if evidence insufficient to warrant verdict, 8 L. 726, 
 
 for admission of a juror not indifferent, 11 L. 657. 
 
NEW TRIAL. 3S7 
 
 NEW TRIAL, When Geanxed, Continued. 
 
 in case of an issue as to boundarv,\ Wy, 95. 
 
 by High Court of Chancery on disclosure of new facts, Wy. 235, 
 
 because of proceedings made in absence of prisoner, 19 G. 656. 
 
 principles upon which appellate court will grant a, 27 G. 77, 448. 
 3. When Refused : 
 
 motion for, for misdirection of judge is improper, 1 W. 4. 
 
 by chancellor on affidavits, 1 W. 156. 
 
 in trespass if one defendant acquitted and other convicted, 1 W. 322. 
 
 though lower court certified weight of evidence was in favor of defendant 
 and verdict unsatisfactory, Wy. 69. 
 
 in action of assault and battery, Wy. 136. 
 
 properly refused in these cases, Wy. 137 ; 4 C 367 ; 6 G. 712 ; 22 G. 924. 
 
 statement made to juror after jury discharged no ground for, 2 P. & H. 107. 
 
 grounds on which equity will refuse, at law, 1 C. 546. 
 
 on demurrer to evidence, if plaintiff is not entitled to recover, court should 
 give judgment for defendant, not award a, 2 C. 241. 
 
 equity will not grant a, because judge certifies weight of evidence was 
 against verdict, 3 C. 568. 
 
 if defendant was negligent in preparing for trial, 4 C. 274. 
 
 not granted because deposition taken and filed was not read, 4 C. 430. 
 
 if party who believes he can get other testimony does not ask for a con- 
 tinuance, court will not grant him a, 4 C. 450. 
 
 appellate court cannot grant, on affidavits taken after appeal was pending 
 there, 4 C. 485. 
 
 when after injunction awarded and, at law ordered, court will set aside 
 the order and dissolve injunction, 1 H. & M. 2. 
 
 not granted on affidavit by jurors that information given by a juror influ- 
 enced verdict, 1 H. & M. 385. 
 
 after two verdicts for same party chancellor is not bound to grant a, 1 H. 
 & M. 548. 
 
 discovery of new evidence which might have been produced is no ground 
 for a, 4 H. & M. 369 ; 6 R. 142. 
 
 if court before which issue out of chancery was tried overraled metionfor, 
 it should not be granted, when, 2 H. & M. 525. 
 
 by Court of Appeals though lower court refused to sign and seal biU of ex- 
 ceptions, 2 M. 478. 
 
 refused, bat bill asking it dismissed, 6 M. 207. 
 
 not granted on ground of excessive damages if plaintiff releases what court 
 thinks proper, 6 M. 271. 
 
 cannot be granted in trespass for smallness of damages, 2 V. C. 49; but see 
 3 R. 52. 
 
 by appellate court if no motion made in lower court, 3 R. 516. 
 
 not granted for surprise unless plaintiff prevented from taking a nonsuit, 
 4R. 19. 
 
 not granted by equity merely because injustice has been done. What must 
 be shown, 6 R. 125. 
 
 failure to summon witness, by advice of counsel, no ground for a, 2 L. 474. 
 
388 NEW TRIAL. 
 
 NEW TRIAL, When Refused, Continued. 
 ifspecial verdict shows plaintiff's case is defective there should not be a 
 
 but judgment for defendant, 4 L. 37. 
 never granted if trial was fair on the merits of the case and justice done, 
 
 4 L. 635. 
 not granted to enable party against whom verdict is to impeach credit of a 
 
 witness, 5 L. 598. 
 not granted merely because court would have rendered a different ver- 
 dict, 5 L. 598 ; 6 L. 230. 
 not granted in a doubtful case, but only where verdict is plainly wrong, 5 
 
 L. 598 ; 6 L. 230 ; 2 G. 594 ; 28 G. 165. 
 because bill of exceptions defective, 7 L. 608. 
 
 not granted because of a remark made by the court, when, 12 L. 466. 
 judgment refusing a, not reversed if case depends on the credibility of 
 
 witnesses, 2 Gr. 18. 
 not granted for surprise if it arose from mistake of counsel as to question 
 of law, 2 G. 366. 
 , not granted because of after-discovered evidence, when, 8 L. 745 ; 8 G. 267 ; 
 27 G. 313. 
 what not a surprise for which a, should be granted, 6 G. 287. 
 not granted for misapprehension by jurors of instruction of court, 6 G. 287. 
 court cannot grant, because jury decided vfithout or against evidence, 3 
 
 G. 566; 6G. 712; 7G. 613. 
 ahsence of material witness no ground for, when, 4 G. 550. 
 on an indictment for obstructing the public highway, 4 G, 553. 
 what expression of juror no ground for a, 7 G. 619 ; 2 V. C. 6, 474, 510. 
 what separation or misbehavior of jury in felony case no ground for a, 8 
 
 G. 637. 
 not granted because judge wrote newspaper article, when, 2 V. C. 162. 
 in case of conviction for murder on circumstantial evidence, 2 V. C. 387. 
 though jurors separated before any evidence was introduced, 2 L. 745. 
 not granted because conviction was founded on testimony of accomplice, 
 2 L. 769. 
 ^ not granted because of alleged attempt to influence jury, 6 L. 615. 
 ' because separation and discharge of jury did not affect verdict, 11 L. 633, 
 714. 
 not granted because court thinks evidence did not amount to strong proof, 
 
 2 Rob. 771. 
 not granted because a juror was a grand juror, 15 G. 634. 
 not granted unless evidence plainly insufficient to convict, 17 G. 561, 582. 
 what not misconduct of jury giving prisoner cause for a, 18 G. 983. 
 not granted because verdict contrary to evidence, when, 21 G. 1. 
 not granted on aifidavit of juror that he did not consent to verdict, 28 G. 
 
 383. 
 not granted on affidavits of jurors, when, 31 G. 323, 469. 
 instruction not excepted to is no ground for a, 31 6. 469. 
 Objection that juror had not paid capitation tax no ground for, when, 33 
 
 G. 766. 
 mere cumulative evidence no ground for a, in a criminal case, 33 G. 807, 
 
NOLLE PKOSEQUI— NONSUIT. 389 
 
 NOLLE PEOSEQUI. 
 
 cannot be entered without consent of the court, 1 V. C. 139. 
 
 when entered and new indictment found, 17 Gr. 565. 
 NON EST FACTUM ; see Bmd ; Deed. 
 
 pleaded by principal must be tried before judgment given against sureties, 
 
 1 W. 72. 
 
 what is not sufficient evidence on a plea of, 1 W. 72. 
 
 proof of handwriting and death of subscribing witness sufficient to sub- 
 mit case to jury on plea of, 1 C. 561. 
 
 plea of, in behalf of person returned as appearance bail, who never exe- 
 cuted bail bond, proper, 6 M. 312. 
 
 when fraud may be given in evidence on the plea of, 6 M. 358. 
 
 plea of, ought generally to be received by court though payment has been 
 pleaded, 6 M. 462 ; 4 E. 448. 
 
 when on plea of, evidence of infamy of character of plaintiff's son admit- 
 ted, Gil. 202. 
 
 plea of, must conclude to the country and plaintiff must enter rnnUiter or 
 demur, 6 E. 86. 
 
 when obligor's assent to alteration of bond will repel plea of, when not, 
 6 E. 86. 
 
 parties in this case held not bound by bond in equity, 2 L. 157. 
 
 gvsere, whether plea that a power of attorney was not executed by defen- 
 dant should be sworn to, 6 L. 570. 
 
 party who might have defended himself at law on a plea of, not relieved 
 in equity, 7 L. 157. 
 
 want of affidavit to plea of, not good objection when first made in appel- 
 late court, 12 L. 479. 
 
 what special plea of, not a good plea, 23 G. 737. 
 NON TENUEE. 
 
 may be given in evidence when the issue is joined on the mere right, 2 C. 
 555, 574. 
 
 may be pleaded in abatement to writ of right notwithstanding act of 1786, 
 
 2 C. 555, 574. 
 
 what judgment will be if, pleaded or given in evidence, 2 C. 555, 574. 
 when judgment founded on evidence of, is a bar to another suit, 2 C 555, 
 
 574. 
 NONSUIT, 
 court cannot compel plaintiff to submit to a, 1 W. 87, 217, 357. 
 plaintiff cannot appeal if he submits to a, 1 W. 138. 
 plaintiff' cannot go into equity if he could have prevented surprise by a, 1 
 
 W. 185. 
 court may refuse opinion as to, 1 W. 217. 
 when proofs of, should go to the jury, 3 0. 19. 
 will be given by court of error if evidence differs from declaration, 4 C. 
 
 217. 
 in what cases of dismissions and discontinuances damage of $5 is awarded, 
 
 when not, 6 E. 675. 
 when, on a writ of right suffered under misapprehension set aside,. 2 Kob. 
 
 485. 
 
390 NORFOLK— NOTICE. 
 
 NORFOLK ; see 'Corporation. 
 act of assembly authorizing assessment for paving streets of, did not im- 
 pose lien on lots, 4 R. 392. 
 city of, has authority to impose a license tax on foreign insurance compa- 
 nies, 25 G. 97. " 
 can assess owners of lots on the street per front foot for paving, 26 G. 224. 
 is owner of certain water lots and ends of streets, and can bring unlawful 
 
 entry and detainer for same, 27 G. 430. 
 councils of, cannot grant permission to put an obstruction in a street, 29 G. 
 534. 
 NORTHERN NECK OF VIRGINIA, 
 obligation of Lord Fairfax as to settlers in, 1 "W. 228. 
 custom of death-bed donations in, not valid, 1 W. 228. 
 authority and effect of Lord Fairfax's grants of lands in, 2 W. 106. 
 lands granted by proprietor of, not liable to grant by State, 2 W. 116. 
 Lord Fairfax could establish rules as to his lands in, 1 C. 190. 
 grant of Crown to proprietors of, were valid, 4 C. 42. 
 
 convention between Lord Fairfax and Crown in 1745 construed, 4 C. 42. 
 how Denny M. Fairfax took lauds in, devised to him by Lord Fairfax ; 
 
 what act of 1796 secured to purchasers from him, 5 C. 364. 
 what deed from him to James M. Marshall conveyed, 5 C. 364. 
 what rents in, destroyed by acts abolishing quit-rents, 5 C. 364. 
 title of Lord Fairfax to the whole of, 9 L. 404. 
 NORTHWESTERN TURNPIKE. 
 
 an action will not lie against the president and directors of the, 10 L. 454. 
 NO SUCH RECORD, 
 upon plea of, if record be of same court original should be produced, 2 W. 
 
 215. 
 plea of, should pray judgment and be tried by the court, 4 M. 466. 
 when judgment reversed because court took no notice of plea of, 6 M. 32. 
 when party should plead, 4 R. 329. 
 what may be Inspected to ascertain record, 12 L. 93. 
 NOTARY PUBLIC, 
 when protest before a, by master of a vessel not evidence, 1 M. 408. 
 certificate of a, that a release was acknowledged before him not evidence, 
 
 1 E. 456. 
 protest of a foreign bill of exchange in a foreign country is prima fade, not 
 
 conclusive, evidence of dishonor, 7 L. 179. 
 to make afadavit of, competent evidence, protest must contain the facts 
 sworn to in the afiidavit, 2 G. 534. 
 NOTE; see BiU of Exchange ; Check; Coupons; Promissory Note. 
 NOTICE ; see Deposition ; Motim ; Purchaser ; Vendor and Vendee. 
 
 1. In General. 
 
 2. To TAKE Depositions. 
 
 3. On Motions. 
 
 4. As TO POPCHASERS. 
 
NOTICE. 391 
 
 NOTICE, Continued. 
 1. In Geneeal ; 
 of set-oflf not the practice in, Virginia, 1 "W. 42. 
 
 omission to state that commissioner gave, to defendant of taking of ac- 
 counts must be excepted to, 1 W. 162. 
 what a reasonable, of protest of foreign bill of exchange, 1 W. 331. 
 recording paper the law does not require to be recorded is not, 2 W. 276. 
 endorser of bill of exchange discharged unless, of protest given him, 1 C. 
 
 232. 
 of protest to drawer entitles holder to damages allowed by law, 1 C. 394. 
 what, of a supersedeas sufficient when defendant is not found, 2 C. 496. 
 when special, and request need not be averred, 3 C. 201. 
 when if no, of change of firm given, new firm is liable for debts of old, 3 
 
 C. 546. 
 appearance waives defects in form of, 4 C. 357. 
 administrator must take, at his peril of judgments against his intestate, 4 
 
 C. 528. 
 administrator who has, of specialty (iebt, may pay simple contract creditor 
 
 or confess judgment, 4 C. 528. 
 if appeal in chancery case is taken up at first term of court, should be 
 
 given, IH. &M. 22. 
 settlement of administration account without, is improper, 2 H, & M. 10 ; 
 
 6 M. 45. 
 effect of failure to mention in commissioner's report that notice was given, 
 
 2 M. 28.5. 
 when walit of, of taking of account not good ground for bill of review, 2 
 
 M. 305. 
 after assignment of a bond and notice to obligor he cannot he restrained by 
 
 attachment from paying assignee, 4 H. & M. 259. 
 requiring security for costs sufficient if given plaintiff's attorney, 4 M. 364. 
 when agent endorsing note not responsible to endorsee with, 5 M, 252. 
 devisee bound to take, of contents of will, 5 M. 334. 
 what service of chancery process is, to a corporation, 6 L. 399. 
 when, sent endorser to post office outside of his district sufficient, 2 G. 171. 
 when affidavit of notary evidence of, to endorser. When not, 2 G. 534. 
 endorser of paper not negotiable not entitled to, of non-payment, 3 G. 121. 
 order of county court to justices to consider verdict in ferry case may be 
 
 executed in same way as a, 7 G. 205. 
 when, of acceptance of guaranty dispensed with, 8 G. 174. 
 sufficiency of, to a guarantor is for the jury, 8 G. 174. 
 when onus is on plaintiff to prove notice of protest was mailed in proper 
 
 time, 9 G. 31. 
 when tenant or his assignee not entitled to, to quit, 9 G. 220 ; 11 G. 527- 
 what sufficient, to owner of land on which a public landing is to be 
 
 established, 10 G. 12. 
 party cannot object to sufficiency or want of, in- appellate court, when, 10 
 
 G. 12, 557 ; 29 G. 392, 
 what sufficient, of protest of a bill drawn in Virginia on a house in'Lon 
 
 don, 11 G. 260. 
 
392 NOTICE. 
 
 NOTICE, In General, Continued. 
 when doctrine of lis pendens applies, 15 G. 11. 
 when, to quit need not be for three months, 18 G. 1. 
 who not a tenant from year to year nor entitled to, to quit, 18 G. 475. 
 rules governing. How construed, 27 G. 608. 
 residence of endorser presumed to be at place to which notary directed, 27 
 
 G. 668. 
 how to be served on a municipal corporation, 28 G. 16. 
 what proof that creditor in deed had notice of a prior judgment necessary, 
 
 28 G. 49. 
 what not suflScient, of protest to endorser of negotiable note, 29 G. 546, 
 
 588. 
 what sufficient, of protest by mail, 31 G. 1.34. 
 record of deed of trust assigning bonds not, to obligor of assignment, 2 
 
 P. & H. 178. 
 recital in protest of place to which, was sent, is no proof that defendant's 
 
 post office was at that place, 2 P. & H. 529. 
 what not, of unrecorded judgment to trustee' in a deed. 32 G. 225. 
 due record of a covenant is, to all parties claiming under covenantor, 32 G. 
 
 695. 
 when treated as a petition for a rehearing, 28 G. 850. 
 what return of service of a rule to plead held sufficient, 33 G. 180. 
 what necessary to affect creditor with previous, of his agent or trustee of 
 
 a prior unrecorded lien, 33 G. 473. 
 receiver appointed to collect money not a creditor in sense of Code 1873 
 
 ch, 143 §§4, 5, to whom, to sue may be given by surety, 33 G. 705. 
 a. To TAKE Depositions: 
 should appear by the record to have been given, 2 W. 75. 
 deposition taken out of the State without, of application for a commission 
 
 inadmissible, 1 C. 405. 
 given overseer of party insufficient, when, 4 H & M. 426. 
 deposition taken at time and place not mentioned in, is evidence If agent 
 
 of party consented, 1 M. 247. 
 qusere, can deposition taken under a, which does not give style of action, 
 
 be read in either of two pending suits, 3 M. 51. 
 deposition may be opened within hours named in the, for a party who was 
 
 not present, 4 M. 80. 
 qusere, will objection for want of, avail if first made in appellate court, 4 
 
 M. 80. 
 sufficient if given attorney at law in absence of principal from the State; 
 
 how given, 4 M. 371. 
 insufficient if it omits place where depositions are to be taken, 5 R. 126. 
 presumed in appellate court if no objection made in lower court, 2 G. 216. 
 exception to accounts for want of personal, not sustained, 3 G. 315. 
 a commissioner may take depositions under his general, 3 G. 315. 
 3. On Motions: 
 on motion for an ad quod damnum record should show ten days, 2 W. 76. 
 what appearance cures want of, 2 W. 76. 
 
NOTICE. 393 
 
 NOTICE, On Motions, Continued. 
 
 a general, is favorably construed, but one descending to particulars is con- 
 strvaed strictly, 1 C. 51. 
 
 when party may proceed at common law or by motion after, 1 C. 243. 
 
 is sufficient if it apprise defendant of grounds of motion, 1 0. 443 ; 2 C. 
 290. 
 
 on joint, to all the obligors in a forthcoming bond, judgment may be had 
 against one, 2 C, 368. 
 
 what, on a forthcoming bond is sufficient, 5 C. 528. * 
 
 of motion to supersede distringas, or for a ca. sa. or fi. fa. in lieu thereof, 
 need not be given defendant, 5 M. 166. 
 
 when, of a summary motion by surety against principal not a part of the 
 record, 3 L. 609. 
 
 on forthcoming bond to a regular term will authorize execution at a spe- 
 cial term, 1 G. 1. 
 
 one joint, to constable for several defaults sufficient. Justice should give ' 
 separate judgments, 3 Gr. 188. 
 
 on forthcoming bond only mentioning obligors to whom, given is not de- 
 fective, 8 G 560, 
 
 when, in proceeding to recover money by motion should be returned, 13 
 G. 658. 
 
 what, of motion against sheriff and sureties for his failure to pay taxes, 
 need not state, 15 G. 172. 
 
 what judgment on, of motion against sheriff, &c., erroneous, 15 G. 172. 
 
 of motion to reverse a decree held too vague and indefinite, 21 G. 363. 
 
 what, of a motion on sheriffs bond sufficient, 27 G. 608. 
 
 what a sufficient, of motion to quash an execution or correct a judgment, 
 29 G. 392. 
 
 4. As TO PUECHASEES : 
 
 of equitable lien to purchaser of land mu.st be shown, 1 W. 38. 
 
 of former suit need not be proved in suit on warranty of a slave, 1 "W. 306. 
 
 when, of equitable title will not bar allowance for improvements, 1 W. 336. 
 
 when vendor has a lieu on laud against purchaser with, 2 W. 141. 
 
 what will constitute a person a purchaser with, 3 H. & M. 144. 
 
 mortgagee without, of equitable lien of mortgagor's vendor, may buy 
 equity of redemption of mortgagor, 4 H. & M. 113. 
 
 purchasing agent competent witness to prove principal had, of an incum- 
 brance, 1 M. 38. 
 
 when rule that purchaser is bound by, at any time before conveyance does 
 not apply, 1 M. 303. 
 
 what patent though not registered good against purchaser with, 2 M. 129. 
 
 failure of purchaser to inspect power of agent selling affects him with, of 
 its defects, ^ E. 6. ' 
 
 subsequent purchaser affected with, of unrecorded deed. Notice may be 
 inferred, 2 E. 93 ; 2 L. 425; 31 G. 149. 
 
 purchaser buying with, of a fraudulent conveyance not protected against 
 it, 2 L. 84. 
 
 50 
 
394 NOTICE— NUISANCE. 
 
 NOTICE, As TO PUBCHASEES, Continued. 
 when fact that prior mortgage was usurious does not affect purchaser with, 
 
 2 L. 435. 
 
 what necessary to sustain plea of purchaser without, 3 L. 365. 
 
 when party is a complete purchaser without, 3 L. 218. 
 
 protection to purchaser with, buying from^ purchaser without, 4 M. 313 ; 6 
 
 M. 42; 5 L. 478. 
 doctrine of actual, of equitable rights. Of presumptive evidence of actual 
 
 and constructive, 5 L. 627. 
 case in which purchaserwithout, protected and purchaser with, held liable, 
 
 6 L. 576. 
 
 defence of purchaser without, may be made by answer as well as by plea, 
 
 7 L. 393. 
 
 protection to purchaser without, 10 L. 406. 
 
 record of a deqd which does not designate land conveyed is no, to subse- 
 quent purchaser, 3 G. 494. 
 when actual noticeof such a deed binds him. When not, 3 G. 494. 
 purchaser from a trustee has, of trusts so far as they appear on title papers, 
 
 3 G. 494. 
 
 widow who has received distributive share of estate is not a purchaser for 
 
 value without, 12 G. 363. 
 purchaser for value without, not affected by a latent equity, 21 G. 241. 
 a recorded deed is, to subsequent purchasers though record is destroyed, 
 
 30 G. 632. 
 when judgment on forthcoming bond, to subsequent purchasers, 31 G. 
 
 265. 
 of prior unrecorded deeds does not affect subsequent purchaser, J. 71. 
 what, of an outstanding equity insufficient to affect purchaser, 2 P. & H. 
 
 255. 
 
 NOVATION OF DEBT ; see Debt. 
 what is not a, 25 G. 331 ; 30 G. 689, 
 
 when giving bond by guardian for amount due ward not a, 31 G. 291. 
 when bond given by administrator to widow for her portion of estate in 
 
 his hands will be a, so as to release his sureties, 32 G. 92. 
 mere change of securities of equal dignity not a, unless so intended, 33 G. 
 
 186. 
 bonds issued for interest not a novation of the interest, 33 G. 586. 
 
 NUISANCE ; see Corporation ; Obstruction. 
 
 when equity will, and will not, interfere in case of a, 4 H. & M. 474 ; 3 
 
 E,63. 
 a partial obstruction of a highway is an abateable, 6 M. 308. 
 what necessary to sustain a public prosecution for a, 6 R. 726. 
 what indictment for a, good on general demurrer, 2 L. 759. 
 what not a, as to a public road, 3 L. 821. 
 
 when equity will eiyoin erection of a dam as injurious to health, 4 L. 569. 
 when gates in a highway not a, J. 50. 
 
NUISANCE— NULLUM TEMPUS OCCURRIT ~ 395 
 REGI. 
 
 NUISANCE, Cordinued. 
 person putting bridge in public road which becomes an obstruction is guilty 
 
 of a, 5 G. 241. 
 party cannot shut up drain so as to throw water on neighbor's land, 13 G- 
 564. 
 NULLUM TEMPUS OCCUERIT EEGL 
 not applied to preserve the title of a lord, 1 "W. 34. 
 
 adopted in Virginia in relation to the commonwealth. "When length of 
 time no bar to the commonwealth, 4 H. & M. 57. 
 
396 . OATH— OFFICE JUDGMENT. 
 
 o. 
 
 OATH. 
 attorney at law not bound to take, provided by section 3 of act to sup- 
 press duelling, 1 M. 468. 
 when sheriff not required to prove that he or his deputy took, of ofBce a 
 second time, 6 M. 573. 
 ' clerk issuing marriage license cannot examine witness on, as to age of 
 
 parties, 4 G. 554. 
 in what cases clerk can administer, 4 G. 554. 
 
 person commissioned a justice may take, of office before a justice, 4 G. 281. 
 clerk may administer, when he issues marriage license, 29 G. 857. 
 swearing falsely before a person not authorized to administer, not perjury, 
 4 G. 554. 
 OBSTEUCTION ; see Corporation ; Highway ; Nuisance ; Biver ; Soad. 
 when indictment lies for, in public road. What verdict sufficient, 2 V. C. 
 
 171. 
 in a road, an absolute nuisance. 6 M. 308. 
 
 municipal corporation cannot authorize an, in a street, 29 G. 534. 
 OFFICE ; see Officer ; Official Bond. 
 how party deprived of an, may sue person depriving him, 1 C. 250. 
 what is a resignation of his, by clerk of a court, 1 C. 562. 
 a bond for the sale of an, is void, 3 C. 215. 
 time allowed person appointed clerk of district court to give bond, 3 H, & 
 
 M. 1. 
 what a sufficient commission, 3 H. & M. 1. 
 the practice of law is not an, 1 M. 468 ; 33 G. 443. 
 when U. S. ofBcer cannot hold a State ofBce, 27 G. 144. 
 what a vacation of an election to the, of sheriff, 27 G. 144. 
 when person cannot be admitted or restored to, by mandamvs, 27 G. 144. 
 farm of, J. 59. 
 ■what not prohibited by statute as to buying and selling offices, 1 L. 42; 2 
 
 V. C. 460. 
 contract in this case held void as contrary to said statute, 10 L. 622. 
 what terminates an, what not. "What not an abandonment or forfeiture 
 of, of county judge, 33 G. 443, 510. 
 OFFICE JUDGMENT; see Judgment. 
 
 court has power to admit or reject pleas after, 1 W. 26. 
 
 when suit may be dismissed after, 1 "W. 153, 
 
 when, against sheriff and not against his deputy, J. W. 325. 
 
 whether plaintiff object or not, an improper plea not received to set aside 
 
 an, 1 C. 257. 
 when plea in abatement not admissible to set aside an, 2 C. 49. 
 rendered on a declaration blank as to sums is erroneous, 2 C. 495. 
 defendant may be ruled to trial in a county court at first term after, 3 C. 
 225. 
 
OFFICE JUDGMENT. ' 397 
 
 OFFICE JUDGMENT, Cowlmued. 
 
 when defendant cannot plead act of limitations upon setting aside an, 5 C. 
 . 462. 
 
 when if set aside, judgment should be against appearance bail and defen- 
 dant, 1 H. & M. 329 ; 2 M. 334 ; 3 M. 121. 
 
 when should be against defendant and sheriff and not against defendant 
 and bail, 1 H. & M. 423. 
 
 if entered against defendant and bail, copy of the bail bond should be in- 
 serted in the record, 1 H. & M. 423. 
 
 when writ of enquiry cannot be executed at term succeeding rule day on 
 which, confirmed, 2 H. & M. 446: 
 
 general demurrer received.for purpose of setting aside an, 4 H. & M. 277. 
 
 when, in county court should be entered. When improper entry of amend- 
 able, 1 M. 56. 
 
 plea in abatement not received to set aside an, unless of matter puis dor- 
 rein continuance, 1 M. 284. 
 
 if common order entered before declaration filed, it is error sufficient to re- 
 verse an, 2 M. 333. 
 
 judgment by default cannot be entered if writ not returned, 2 M. 339. 
 
 when, against mercantile company not sustained, 2 M. 349. 
 
 entered before service and return of writ erroneous. Proceedings in such 
 case, 2 M. 491. 
 
 what appellate court wUl do if, reversed on account of defective declara- 
 tion, 2 M. 525. 
 
 what plea to action on an injunction bond not received to set aside an, 3 
 M, 251. 
 
 reversed for want of copy of bail bond in transcript of record, 3 M. 487. 
 
 on what return, should not be against defendant and bail, but against for- 
 mer only, 4 M. 227. 
 
 when if court set aside, against defendant, appearance bail thereby dis- 
 charged, 4 M. 437. 
 
 when, against an infant reversed, 4 M. 439. 
 
 when not made final without a writ of enqury, 6 M. 454. 
 
 defendant has until next terra after conditional judgment is confirmed at 
 rules to set it aside, 1 E. 460. 
 
 against two defendants one of whom is an infant should be set aside in 
 ioto, 2 R. 174. 
 
 when pleas are offered on setting aside an, court should only receive those 
 to merits, 2 E. 426. 
 
 when cannot be confirmed against drawer and endorsers of negotiable note 
 without writ of enquiry, 4 R. 152. 
 
 when not proper to put case on office judgment docket, 2 V. C. 201. 
 
 when defendant's pleading to the action a waiver of objection to regularity 
 of, 3 L. 4. 
 
 _ when act of jeofails applicable to judgments by default. When not, 4 L. 
 412. 
 
 on conditional judgment in debt on a decree for money, writ of en(juiry 
 necessary, 7 L. 175. 
 
398 OFFICE JUDGMENT— OFFICIAL BOND. 
 
 OFFICE JUDGMENT, Continued. 
 
 when after, against defendant and without plea a verdict for him by jury, 
 verdict set aside, 9 L. 422. 
 
 in ejectment not iinal without intervention of court or jury, 16 G. 424 ; 33 
 G. 180. 
 
 in ejectment may be set aside at next term of court on notice to plaintiff, 
 33 G. 180. ' 
 
 OFFICER; see Office; Official Bond. 
 
 act of 1779 giving half pay to, construed, 4 C. 379, 
 
 not protected by constitution, removed by act reorganizing court, 4 C.135. 
 
 when authority of military, under reconstruction acts, and of his ap- 
 pointees, ceased, 19 G. 673. 
 
 what a sufficient designation of officer's county in a recognizance, 14 G. 
 318. 
 
 what genersiUy sufficient proof of appointment of public, 15 G. 244. 
 
 what not error in judgment on bond of, how bond sued on, 17 G. 124. 
 
 when public, liable to third persons for his acts and those of his agent, 17 
 G. 230. 
 
 when not liable to third persons, 17 G. 375. 
 
 when sureties on sheriff's bond given in 1854 liable, 15 G. 1. 
 
 governor holds over until his successor is qualified, 18 G. 85. 
 
 when sheriff de facto liable as such for his acts, 15 G. 172. 
 
 judgments of judges of military appointment holding over valid, 20 G. 31. 
 
 president of a bank cannot virlute officii release maker of note from liabil- 
 ity, 22 G. 51. 
 
 when, of United States disqualified to hold State office, 27 G. 144. 
 
 what a vacation of an election as sheriff, 27 G. 144. 
 
 as to right of, to resign. When he can withdraw resignation. When not, 
 27 G. 144. 
 
 when person cannot be admitted or restored to office of sheriff by man- 
 damua, 27 G. 144. 
 
 when 'county court cannot set aside' order admitting party to qualify as 
 sheriff, 27 G. 144. 
 
 chief of police of a city is a State ; who, of State. Who, of city, 30 G. 24. 
 
 mayor can only suspend city, not remove him, 30 G. 24. 
 
 when treasurer of State a proper party in suits by holders of policies of 
 insurance, 30 G. 72. 
 
 Code 1860 ch. 104 ?6 as to omitting to perform official dutv construed, 18 
 G. 915. 
 
 when mayor removing State, responsible for damages, 30 G. 24. 
 
 an attorney at law is not an, 1 M. 468; 33 G, 443. 
 
 OFFICIAL BOND ; see Guardian ; Personal Bepresentative ; Receiver ; 
 8?ieriff. 
 when obligors in, estopped to deny they were deputies to sheriff, 9 G. 312. 
 obligors in, bound though names not in penalty of, 9 G. 312. 
 when each obligor held as principal and others as sureties, 9 G. 312. 
 what a good assignment of breach in suit on constable's, 9 G. 13. 
 
OFFICIAL BOND— OEDINARY. 399 
 
 OFFICIAL BOND, ConUnued. 
 liability of sureties of deputy sheriff under his, 9 G. 584. 
 sureties on, of deputy sheriff are estopped to deny principal was deputy, 
 
 10 G. 1D8. 
 what omissions not sufleient to avoid, of deputy sheriff, 10 G. 198. 
 after a judgment on an, other actions may be brought, or a sci. fa. may be 
 
 issued, 17 G. 124. 
 effect on, of imposing new duties on officer after its execution, 25 G. 771. 
 ONUS PROBANDI : see Evidence ; Trial. 
 is on party alleging a judgment to be unfair, 1 W. 306. 
 of what, on plaintiff and defendant in detinue, 1 "W. 308. 
 on defendant to prove performance of condition in forthcoming bond, 1 
 
 W. 330. 
 on commissioner of revenue holding auditor's warrant to show its non- 
 payment, 3 C. 6. 
 as to competency or incompetency of testator to make a will, 4 C. 423. 
 on whom lies where person claimed as a slave, 1 H. & M. 134. 
 lies on those wishing to prove testator's capacity to inake a will, 1 H. & 
 
 M. 476. 
 lies on party impugning administration account which has been confirmed 
 
 by the court, 4 H. & M. 57 ; 3 M. 288. 
 when plaintiff suing on bond for purchase money for escape warrants must 
 
 prove their delivery to defendant, 2 M. 298. 
 when on plaintiff suing sheriff to show falsehood of his return,, 3 M. 81. 
 when lies on seller of slave to prove that he retained the title, 3 M. 99. 
 lies on common carrier to exempt himself from liability for loss of goods, 
 
 3 M. 239. 
 when purchaser asking relief against judgment for purchase money must 
 
 prove vendor's title bad, 5 M. 295. ^ 
 
 wlien in suit for freedom, thrown on plaintiffs to prove that master did not 
 
 take oath required by law, 6 M. 159. 
 when plaintiff not bound to prove demand for a deed of land, 6 M. 394. 
 lies on holder of biU of exchange to prove due diligence in every party 
 
 through whose hands it passed, 4 L. 37. 
 when in suit for slander, lies on defendant to show plaintiff's affidavit 
 
 false, 5 L. 695. 
 rests on party insisting on sale by a trustee to prove due advertisement, 
 
 5 L. 370. 
 what throws, of fairness of administrator's conduct on assignee, 9 L. 119. 
 lies on debtor to prove payment to assignor before assignment of claim, 9 
 
 L. 144. 
 OEDINAEY. 
 granting or refusing licenses to keep an, is in the uncontrolled discretion 
 
 of county courts, 11 G. 655. 
 county court may be forced by mandamv^ to act on a petition for a license 
 
 to keep a tavern, 11 G. 655. 
 partner of keeper of, not disqualified as a grand juror, when, 2 L. 739. 
 
400 OUTLAWRY— OYER. 
 
 OUTLAWRY. 
 
 oa indictment for, a question cannot be adjourned to General Court with- 
 out prisoner's consent entered on record, 6 G. 669. 
 
 party indicted for trespass with force and arms may be prosecuted for, 2 
 V. C. 241, 244. 
 
 coroner should pronounce judgment of, and his name should be stated in 
 sheriff's return to the exigent. Proceedings if not stated, 2 V. C. 245. 
 
 when court will issue capias utlagalum, 2 V. C. 241, 244. 
 OVERSEER. 
 
 employer in general not liable for wilful and unauthorized trespass of his, 
 5 M. 483. 
 
 notice to take depositions given, of party insufficient, when, 4 H. & M. 426. 
 
 OVERSEERS OF THE POOR. 
 
 before act of 1792, had not authority to appoint collectors, 4 C. 357. 
 quxre, whether action could be brought on bond to, in this case, 6 M. 399. 
 what action by, necessary to bind father of bastard to support it, 6 M.452. 
 charity vested in, by act 2 R. C. p. 268, and they may recover it in equity, 
 
 Gil. 336. 
 when covenant can only be maintained on indenture of apprenticeship by, 
 
 who were parties to it, 6 L. 560. 
 are a corporate body ; their powers to sue, &c., 7 L. 231. 
 one overseer may execute indenture under order of county court directing, 
 
 to bind out a bastard, 5 G . 285. 
 when may recover for child's support from putative father, 9 G. 139. 
 
 OYER; see Pleading; Profert. 
 of bond not being craved judgment affirmed, when, 1 W. 273. 
 of bond not being craved, variance not noticed after verdict, 1 W. 340. 
 though, of writ not craved, declaration may be amended by it, 2 W. 203. 
 if there be, but no project \ qumre, can defendant demur for a variance, IC. 
 
 575. 
 if in debt on bond defendant plead "conditions performed " after, he can- 
 not take advantage of variance between declaration and bond, 1 M. 76. 
 what defect in declaration (writ being part of record by,) not cured by 
 
 verdict, 4 M. 94. 
 when new trial awarded with leave to defendant to take, of condition of 
 
 bond and plead anew, 5 M. 39. 
 when after taking, of covenant and pleading, defendant cannot object to va^ 
 
 nance, 1 L. 491. 
 when defendant could not ask, of endorsement on a single bill, 5 L. 109. 
 variance between declaration and bond shown on, fatal in this case, 6 L. 
 
 316. 
 taking, of deed makes it part of the record and defendant cannot object to 
 
 it on ground of variance, 7 L. 93. 
 when necessary to crave, of bond meatioaed in the declaration, 14 G. 24. 
 what sufficient excuse for not producing bond when, craved, 16 G. 295. 
 such excuse may be ore tenuis. When clerk may take rules as if no, craved, 
 
 16 G. 295. 
 
OYSTEKS. 401 
 
 OYSTERS, 
 when unlawful detainer will lie for oyster beds, 25 G. 786. 
 acts of 1873 and 1874 as to leasing oyster beds, construed, 25 Gr. 786. 
 indictment charging taking of, with tongs without paying tax fatally de- 
 fective, 26 G. 992. 
 ' when non-residents not prohibited from planting, in Va. by act of 1873, 27 
 G. 982. 
 act of 1874 prohibiting non-residents from planting, constitutional, 27 Qt. 
 985. ^ 
 
 51 
 
402 PAPER MONEY— PARCENERS. 
 
 P. 
 
 PAPER MONEY ; see Confederate Money. 
 
 when scale of depreciation applied to, and how scaled, 1 W. 8, 194, 340 ; 
 Wy. 73, 235, 295. 
 
 plea of tender and refusal of, 1 W. 26. 
 
 when account not pajnnent in, but a set-off, 1 W. 128. 
 
 payment of legacy in, good in this case, 1 Wi 226 ; see Wy. 163. 
 
 when executor bound for value of, when he may pay in, 1 W. 246. 
 
 act of 1781 does not extend to contracts prior to January 1, 1777, 2 W. 1. 
 
 intention of 5th section of act for scaling debts, 2 W. 36. 
 
 construction of act of Pennsylvania as to, 2 W. 282. 
 
 quxre, whether parol evidence admissible to alter bond under act scaling, 
 1 C, 28. 
 
 what must be inquired into under the act for scaling, 1 C. 244. 
 
 penalty of guardian's bond reduced by scale and judgment given accord- 
 ingly, 1 C. 333. 
 
 payment in Feb!, 1780, of a debt due in 1774 in, good, 1 C.' 382. 
 
 sales made by trustee, for, under private act of assembly good, 1 C. 524. 
 
 accounts of administrator should be stated in, when, 2 C. 190. 
 
 when rents settled by scale of 1777, 2 C. 253. 
 
 when plea of tender of, bad, 2 C. 277. 
 
 specie advanced daring, times should be extended at its value when ad- 
 vanced, 2 C. 358. 
 
 when foreigner selling to State bound by act scaling, 3 C. 122. 
 
 when written or parol evidence proper to ascertain whether contract was 
 in, 3 C. 122 ; see 5 C. 107. 
 
 Contract to pay specie in consideration of, held good, 3 C. 433. 
 
 when certificate of Interest on specie lent commonwealth before Revolu- 
 tion scaled, 1 il & M. 90. 
 
 bond shown to have been given for specie should not be scaled, 1 H. & 
 H. 332. 
 
 penalty of bond made in, times should be scaled, 1 H. & M. 381. 
 
 when payment in, by British debtor to American creditor full discharge 
 of debt, 1 M.460. 
 
 when executor held responsible for value of, in March, 1781, 4 M. 366. 
 PARCENERS. 
 
 ■what a special verdict on a writ of right between, must find, defence being 
 act of limitations, 4 G. 16. 
 
 when in such case presumption of disseisin is matter of evidence for the 
 jury, 4 G. 16. 
 
 when grantee of land from, bound by former Sale of part of land by one 
 of them, 11 G. 340. 
 
 deeds of partition not necessary between, 2 P. & H. 189. 
 
 boundary line in deed of partition between, confirmed by lapse of time 
 and acquiescence, 2 P. & H. 189. 
 
PARDON— PARTIES. 403 
 
 PARDON, 
 governor cannot, on eondition. The condition is void, 4 C. 35. 
 House of Delegates cannot, without concurrence of Senate, 4 C. 5. 
 testifying of particeps criminis does not entitled him to a, 1 Rob. 690 
 did not release prisoner from costs,in this case, 10 G. 696. 
 governor can grant a conditional, to person convicted of felony, 22 G. 789. 
 what a, and not a commutation of punishment, 22 G. 789. 
 what a valid condition annexed to a, 22 G. 789 . 
 eflect of, in this case, 23 G. 10. 
 governor can, for felony before sentence is passed, 25 G. 850. 
 
 PARENT AND CHILD; see Children; Guardian; Infant. 
 
 when payment of son's gaming debt by father considered an advancement, 
 
 5 M. 233. 
 what devise by father to son of land not a condition precedent to his 
 
 taking it, 5 M. 223. 
 devise by father to his children presumed to be in satisfaction of debt due 
 
 them, 6 E. 176. 
 effect of possession of slave as between, 9 L. 245. 
 evidence to sustain parol gift by father to daughter on marriage should be 
 
 clear, 10 L. 5. 
 in whose name petition for a habeas corpus to get possession of child should 
 
 be, 9 G. 102. 
 custody of child determined by court in its discretion, father being dead, 
 
 9 G. 102. 
 when children not charged with board, if parent was guardian, 23 G.73 
 when on divorce a mensa child restored to the husband, 22 G. 168. 
 father is legal custodian of child. When not taken from him, 30 G. 307. 
 when child cannot recover for services rendered parent, 31 G. 53. 
 gift in this case by- parent to child held absolute and not an advancement. 
 
 31 G. 84. 
 when father allowed for support of child and treated as his guardian, 1-5 
 
 G. 513. 
 when and how father may release all claims to services of child, 17 G. 503. 
 what a sufiScient averment of relation of master land servant in suit by 
 
 father for seduction of his daughter, 33 G. 723. 
 in such action evidence of pecuniary condition of defendant is admissible, 
 
 33 G. 723. 
 when statute of limitations begins to run in such action, 33 G. 733. 
 PARISH ; see Church ; Clergy. 
 in whom presentation of clerk, J. 99. 
 nature of, in Virginia, J. 103. 
 who patron of churches in Virginia, J. 107. 
 
 PARTIES; see Ahseml Defendant; Action; Appeal; Equity; Writ of Error. 
 
 1. In Geneeal. 
 
 2. Who should be. 
 3« Who need not be. 
 
404 PARTIES. 
 
 PARTIES, Continued. 
 1. In General; 
 when arbitrators made, may demur, 1 W. 11. 
 
 intended husband and wife sufficient, to marriage contract, l.W. 47. 
 when decree in admiralty does not bind persons not, 1 W. 212. 
 in trespass against two new trial not granted on motion of one, 1 W. 322. 
 what a party desiring to appeal on a point of law must do, 1 C. 105. 
 may consent for jury to render privy verdict to clerk or deputy, 1 C. 246. 
 deposition in one suit not evidence in another between different, 1 C. 487. 
 when suit may be brought against an absent defendant to confirm a sale 
 
 and recover his part of purchase money, 4 C. 245. 
 when all, are before court decree will be against those ultimately liable, 6 
 
 C. 308. 
 after case is remanded from the Court of Appeals new, may be admitted, 
 
 1 H. & M. 12. 
 when judgment reversed for want of proper, though there is no plea in 
 
 abatement, 1 H. & M. 61. 
 decree set aside because proper, wanting, 1 H. & M. 536 ; 3 M. 29. 
 decree against two exeeixtors if only one is before the court is erroneous, 4 
 
 M. 366. 
 when plaintiff in bill to surcharge executor's accounts cannot object to 
 
 want of proper, 4 M. 369. 
 when dismissal oi bill as to, who have not answered erroneous, 4 M. 435. 
 when cause should not be dismissed for want of, but sent back to rules, 4 
 • M. 485. 
 when plaintiff directed to get person not a party to join in a release, 1 M. 
 
 600. 
 bill should not be dismissed for want of proper, when, 1 L. 231. 
 effect of objection to bill for improper, if first made in Court of Appeals, 2 
 
 L. 401. 
 decree by default against defendants not regularly in contempt reversed, 
 
 2 L. 642. 
 order on appeal from interlocutory decree correct on the merits but erro- 
 neous for want of proper, 3 K. 66. 
 want of proper, to bill for setting aside a will no ground for reversing a 
 
 dismissal which was right on the merits, 11 L. 393. 
 in'suit by partners objection to mode of naming, cannot be made on the 
 
 trial if not made in the pleadings, 2 G. 250. 
 when objection to, first made in appellate court not considered, 1 G. 96; 2 
 
 G. 116. 
 answer of, held as devisee and not as executrix, 2 L. 70. 
 grantor in deed for benefit of a married woman may sue to have it cor- 
 rected, when, 3 G. 350. 
 when decree reversed and cause sent back to allow plaintiff to make ne- 
 cessary, 3 G. 4. 
 one creditor secured by a trust deed may sue for benefit of all if trustees 
 
 refuse to act, 6 G. 174. 
 presumption is that, to a suit are not fictitious persons, 8 G. 281. 
 
PARTIES. 405 
 
 PARTIES, In Geneeal, Continued. 
 when court should direct plaintiffs to amend'bill and make proper, 8 G. 
 
 281. 
 want of proper, in creditors' suit no objection to proceedings, 23 G. 494. 
 effect of suggesting bajikruptcy of plaintiff'. "What should be done, 22 G. 
 
 195. 
 rights of assignees in bankruptcy when appointed in diffferent courts, 22 
 
 G. 195. 
 when person not before the court concluded by decree, 23 G. 21. 
 when suit dismissed if person not a party to the contract is made party to 
 
 the suit, 26 G. 403. 
 how objection for misjoinder of, in equity made, 28 G. 153. 
 how long plaintiff in bill of interpleader a necessary party, 28 G. 299. 
 what treated as the suit of a committee of a lunatic, 28 G. 365. 
 erroneous decree not reversed at instance of, having no interest in property 
 ^ involved in the suit, 2 P. & H. 53. 
 what petition by assignor of an interest does not make him a party, 2 P. 
 
 & H. 110.^ 
 defendant cannot contest decree dismissing a bill by a bill of review, or an 
 
 appeal. He should have filed a cross bill, 2 P. & H. 110. 
 attachment in equity no lien because name of partner incorrectly stated, 2 
 
 P. & H. 144. 
 when objection for absence of necessary, may be taken, 25 G. 371, 838. 
 when decree is reversed for want of, both can amend pleadings, 25 G. 838. 
 when court Will sell land conveyed in trust though trustee not a party, 28 
 
 G. 850. * 
 
 how plaintiff in equity may proceed to avoid future contest with person 
 
 not a party, 29 G. 99. 
 right of person acquiring lien of a party to be substituted in his stead, 29 
 
 G. 669. 
 how objection for want of proper, in equity should be made, and how 
 
 treated if first made in appellate court, 32 G. 65. 
 when an injunction prevents sale under execution in favor of person not a 
 
 party to the suit, 5 M. 187. 
 when decree not reversed for want of proper, 33 G. 651. 
 2. Who should be : 
 when person purchaser claims under should be, 1 W. 38. 
 two or more may join in trespass for freedom, 1 W. 234. 
 to bill of quia timet in this case, 4 C. 402. 
 to bill for account of decedent's effects, 4 C. 577. 
 in suit in equity against a firm executors of deceased partners should be, 
 
 5 C. 158. 
 against whom suit on a joint and several bond should be brought, 1 H. &. 
 
 M. 61. 
 all interested in estate for which suit is brought should be, 1 H. & M. 330. 
 to suit in equity for discovery of assets of a testator, 2 H. & M. 8. 
 in suit by derivative purcliaserby assignment of title bond against vendor 
 for specific performance, 3 H. & M. 316. 
 
406 PAETIES. 
 
 PARTIES, Who should be, Continued. 
 
 in suit by vendor against subsequent purchaser to recover balance due 
 from vendee, 4 H. & M. 113. 
 
 in suit for contribution against legatees and distributees, 1 M. 119. 
 
 vrhen vendor should be party to suit to recover land from vendee, 1 M 303. 
 
 in suit by person claiming share of residuum of an estate, i M. 79. 
 
 ■when lands of obligor in joint aYid several bond not charged in equity un- 
 less he is a party to the suit, 3 M. 514. 
 
 vrhen officer who returned vs'rit and bail bond should be a party to bill of 
 injunction, 6 M. 313. 
 
 in suit by assignee of a legatee for legacy, 1 E. 73. 
 
 debtor impeaching sale under deed of trust must make purchaser and 
 creditor, 1 R. 306. 
 
 mortgagor must be party to suit by purchaser of equity of redemption, to 
 redeem, 4 E. 45. 
 
 subject of a fraudulent gift cannot be decreed unless personal representa- 
 tive of donor a party, 3 L. 567. 
 
 when purchasers under decree of Federal court should be, to suit to sub- 
 ject land to debt, 5 L. 408. 
 
 when chancery suit should be revived in name of the executor, 7 L. 720. 
 
 to bill against administrators and heirs of a surviving partner and against 
 representative of deceased partner, 8 L. 689. 
 
 in suit by distributees of a decedent his personal representative must be a 
 party, 9 L. 79. 
 
 when in suit against vendor by survivor of two joint vendees representa- 
 tives of deceased vendee should be, 1 Rob. 448. 
 
 when purchaser's heirs should be, to suit by judgment creditor to sul>|ect 
 
 lands in hands of purchaser from debtor, 2 G. 44. 
 , in suit to subject lands in hands of heirs to debt of ancestor his adminis- 
 trator is a necessary party, 2 G. 532, 
 
 in suit by insolvent debtor to compel payment of incumbrance, 2 G. 231. 
 
 when plaintiff obtaining judgment by attachment against obligor in a bond 
 a necessary party to suit to enjoin the judgment, 3 G. 4. 
 
 on bill to set aside a patent because it was obtained with knowledge of a 
 prior entry, 3 G. 301. 
 
 in whose name and against whom motion to quash an inquisition should 
 be, 5 G. 1. 
 
 in whose name execution to benefit of which stranger has equitable right 
 must be sued out, 5 G. 1. 
 
 in whose name trespass quare ctausum fregif. must be bxonght, 5 G. 9. 
 
 all persons secured by a deed of trust are necessary, to bill assailing it as 
 fraudulent, 5 G. 31. 
 
 obligors necessary, to bill to set aside transfers of bonds made in anticipar 
 tion of a judgment, 6 G. 154. 
 
 to bill to set aside fraudulent conveyances made by insolvent debtor, 7 
 G.26. 
 
 when specific legatees should be parties to suit by residuary legatees 
 against executor, 7 G. 160. 
 
PAETIES. 407 
 
 PAETIES, Who should be, Continued. 
 
 when commissioner of court should he a party as such to creditor's suit, 8 
 G. 2G0. 
 
 all sureties of an executor should he, to suit hy legatees for distrihution, 
 8 G. 220. 
 
 grantees of son of judgment debtor necessary, to suit to suhject land to 
 judgment, 9G. 394. 
 
 creditor a necessary party to bill by surety to compel executor of principal 
 to pay the debt, 9. G. 398. - 
 
 to bill to marshal assets, 9 G. 398. 
 
 one distributee cannot sue for share of estate without making other distri- 
 butees, 9 G. 273. 
 
 who proper party to revive proceeding against Upper Appomattox Com- 
 pany in this case, 11 G. 1. 
 
 landlord contracting under seal to sell land in possession of tenant is proper 
 party to recover possession from tenant, 11 G. 527. 
 
 to ejectment suit in this case, 22 6. 224. 
 
 when next of kin may sue in equity to impeach an award, 23 G. 160. " 
 
 when, if landlord or vendor sells and conveys land, suit to recover it must 
 be by purchaser, 23 G. 352. 
 
 when husband of heir proper plaintiff in equity suit for division of land 
 assigned for dower, 25 G. 238. 
 
 when widow and heirs of vendor necessary, to suit for rescission of a con- 
 tract, 25 G. 278. 
 
 who necessary, in suit against assignees of bonds for purchase money of 
 land in this case, 25 G. 371. 
 
 assignee of bond for purchase money of land necessary party to suit by 
 vendor's administrator to subject it, 25 G. 448. 
 
 to suit l)y sureties of executor against purchaser of assets in this case, 25 
 G. 642. 
 
 to suit for settlement of this partnership, 25 G. 642. 
 
 when heirs of vendor of land should be, to suit by his administrator, 26 G. 
 127. 
 
 when heirs of grantees proper, to suit against grantor of laud, 26 G. 354. 
 
 when personal representatives of maker and endorser of note should be, to 
 suit by holder, 27 G. 229. 
 
 when railroad company in possession of road should be a party to suit for 
 leasing it, 27 G. 777. 
 
 when creditor in a deed of trust a necessary party to suit to subject land 
 to debts, 28 G. 646, 
 
 when person holding legal title to land should be a party to suit to sub- 
 ject it to judgment, 28 G. 815. 
 
 personal representative of mortgagee a necessary party to suit to redeem 
 mortgage, when, 29 G. 27. 
 
 when State treasurer should be a party to suits by holders of insurance 
 policies, 30 G. 72. 
 
 to bin for dower in separate tracts of land sold different purchasers, 2 P. & 
 H. 198. 
 
408 PARTIES. 
 
 PARTIES, Who shoui.d be, Continued. 
 creditors may be made, in suit by legatees to surcharge administration ac- 
 count, on their own petition, 2 P. & H. 324. 
 •who proper defendant to bill for contribution when estate distributed 
 
 under Louisiana laws, 2 P. & H. 664. 
 when assignee in bankruptcy of defendant should be a party to suit to sub- 
 ject lands to judgments, 28 G. 850. 
 3. Who need not be : 
 
 wife need not be joined in trover for slave belonging to her, 6 C. 55. 
 person joining vendor in deed to relinquish collateral claim, need not be 
 
 party to suit by claimant of an incumbrance against vendee, 1 M. 38. 
 when heirs of purchaser need not be, in suit for deficiency in land, 1 M. 
 
 493. 
 when all the legatees need not be, to each suit for division of testator's es- 
 tate, 3 M. 43. 
 when debtor holding equitable title to land need not be party to suit by 
 
 cesluis que trust for legal title, 2 M. 196. 
 when heir of deceased partner not necessary party to suit by parchasetr 
 
 from him, 2 M. 387. 
 when vendor of person holding legal title to land not necessary party to 
 
 suit against him, 3 M. 358. 
 when plaintiff in a second execution, to satisfy which sheriff sells goods, 
 
 need not be a party tosuit against sheriff, 3 M. 417. 
 when widow need not be a party to suit for partition by the heirs at law, 
 
 4 M. 328. 
 when an injunction prevents a sale under execution in favor of person not 
 
 a party to the suit, 5 M. 187. 
 when assignee of mortgage may sue to foreclose ■without making assignor 
 
 a party, 2 E. 93. 
 heir of personal representative not a necessary party in suit by legatee, 5 
 
 L. 13. 
 when in suit by widow for her half of estate other distributee need not be 
 
 a party, 10 L. 228. 
 slaves emancipated by a will need not be, to bill contesting it, 1 G. 18. 
 justices or clerk taking guardian bond not proper, to suit for guardianship 
 
 account, 1 G. 310. 
 person giving money to defendant to deliver to plaintiff need not be a 
 
 party to suit for the money, 1 G. 108. 
 what interest does not make one necessary party tosuit in equity, 1 G.310. 
 when legatees not necessary, in suit against administrator of decedent, 2 
 
 G. 81. 
 when slave claiming freedom not a necessary party to controversy between 
 
 third persons, 3 G. 315. 
 when in suit by trustee of feme covert she need not be a party, 5 G. 345. 
 when neither the administrator of the widow, nor administrator of intes- 
 tate, a necessary party to bill for administration account, 5 G. 384. 
 when legatees of slaves may ei\join their sale under execution without 
 making executor a party, 5 G. 479. 
 
PAETIES— PARTITION. 409 
 
 PARTIES, Who need not be, Continued. 
 
 when personal representative of insolvent obligor not necessary party to 
 suit against administratrix of co-obligor, 8 Gr. 453. 
 
 one of two grantors not necessary party to bill to enjoin judgment on bond 
 of grantee given other grantor, when, 9 G. 54. 
 
 present owner of land sold in husband's lifetime, only necessary defendant 
 to bill for dower in said land, 11 G. 441. 
 
 when sureties in a guardian's first bond not necessary, to bill for guar- 
 dianship account, 23 G. 525. 
 
 assignor of bond not necessary party to suit by assigneee to subject land 
 conveyed to secure it, 26 G. 511. ' 
 
 judgment debtor not necessary party to bill to enforce judgment obtained 
 against its debtor on a suggestion, 26 G. 652. 
 
 when a pendente lite purchaser not a necessary party, 30 G. 515. 
 PAETITION; see Equity; Land. 
 
 decree directing, is not final and cannot be appealed from, 2 W. 300. 
 
 division of land by consent considered equal in value, unless proved other- 
 wise, 3 C. 558. 
 
 when decree for, obtained against a tenant in common not evidence in 
 ejectment against his vendee, 2 H. & M. 345. 
 
 made by deed binding though unequal, if all was fair, 4 H. & M. 184. 
 
 commissioners appointed to make, allowed each $5 a day, 4 H. & M. 436. 
 
 wh^n division of land made by arbitrators binding though different from 
 that made by will, 4 M. 114. 
 
 bill for, lies by heirs of sou of testator subject to widows' rights, 4 M. 328. 
 
 sale of a part of a tract of land rescinded and, made of the whole, 4 M. 328. 
 
 long acquiesced in should not be disturbed foe irregularity, but may be 
 if unjust, 5 M. 108. 
 
 what done when a party entitled to, enjoyed land for a long time in igno- 
 rance of title of others, 5 M. 108. 
 
 quaere, whether decree in this suit was final or interlocutory, 6 M. 328. 
 
 aid of equity necessary to give party his share of land for which another 
 has improperly obtained a patent, 6 M. 534. 
 
 what court should direct in decreeing, for plaintiff owning equitable title, 
 6 M. 534. 
 
 power of equity to grant, not discretionary. Plaintiff having right to, at 
 law has in equity, 3 E. 361. 
 
 equity governed by same principles as courts of law. It may decide rights 
 but not question of title to land, 4 E. 74. 
 
 tenants in common of personal estate can only have, in equity, 4 R. 95. 
 
 bill for, is matter of right if title of plaintiff is clear ; but if denied, right 
 must be decided at law, 4 E. 493. 
 
 in purely equitable questions twenty years' adverse possession will bar 
 remedy of plaintiff, 4 R, 493. 
 
 what proper course if equity asked to grant, under a legal title which is 
 disputed, 4 B. 493. 
 
 bill for, of land held jointly by insolvent debtor and another, 7 L. 720. 
 
 52 
 
410 PARTITION— PARTNER. 
 
 PARTITION, Continued. 
 granted at suit of tenant by curtesy who purchases a reversionary interest, 
 
 2 G. 340. 
 allowance for improvements and for rents and profits when partition 
 
 which has been acquiesced in for years is set aside, 4 G. 348. 
 held valid though no privy examination of /emeu covert annexed to deed, 8 
 
 a 241. 
 
 in bill for, both parties claiming under same person, it is sufficient to prove 
 derivation of title from him, 9 G. 146. 
 
 when on bill for, parties sent to try title at law. 'When equity may decide 
 title, 10 G. 145. 
 
 rule as to share of parties upon a bill for, 12 G. 260. 
 
 how made in this case. Widow should be a party, when, 12 G. 260. 
 
 how some parts charged-if equal, cannot be made, 14 G 82. 
 
 when assignment instead of allotment allowed, 14 G. 82. 
 
 what necessary before court can order a sale in suit for, 20 G. 1. 
 
 sale avoided if commissioner to sell pvirchases. When on resale first pur- 
 chaser entitled to share of parties who agreed to first sale, 20 G. 1. 
 
 how suit for, may be revived, 22 G. 493. 
 
 when husband of heir proper plaintiff in suit for, of dower land, 25 G. 238. 
 
 when parties not coming into first, of property may come into a second ; 
 decree for, construed and restricted, 25 G. 238. 
 
 broad language of a contract for, restricted, 25 G. 287. 
 
 what a bill for ; what no grounds for setting aside sale of infant's lands in 
 a. suit for, 26 G. 500. 
 
 guardian of an infant may bring a suit for ; when sale authorized under 
 the statute, 26 G. 517. 
 
 when sale of infant's lands in suit for, sustained. Eights of infant, 26 G. 
 517. 
 
 renunciation by widow of will does not authorize immediate, of estate in 
 this case, 30 G. 83. 
 
 equity of feme covert to settlement out of proceeds of lands sold for, held su- 
 perior to claims of grantee or creditor of husband, 1 P. & H. 277. 
 
 deeds of, not necessary between coparceners, 2 P. & H. 189. 
 
 boundary line in deed of, confirmed by lapse of time and acquiescence, 2 
 P. & H. 189. ■ 
 PARTNER ; see Partnership. 
 
 1. In General. 
 
 2. Powers. 
 1. In General : 
 
 payment to one, is payment to all unless forbidden, 1 W. 77. 
 
 if plea does not disclose other partners judgment goes against those plead- 
 ing, 1 W. 372. 
 
 when, of old firm presumed to be a member of new one, 6 C. 279. 
 
 relieved in equity against judgment improperly obtained against him, 4 
 H. & M. 453. 
 
 when if writ served on one only, judgment against him will be arrested, 5 
 M. 550. 
 
PARTI^ER. 411 
 
 PARTNEE, In Geneeal, Continued. 
 new, buying out old, not bound to pay debts previously due by firm 6 
 
 M. 418. 
 * bill lies' to subject estate of secret, to debt made by ostensible members of 
 
 firm, 6 M. 464. 
 plaintiff could not recdver on writing of one, declaration averring a 
 
 promise by firm, 6 M. 506. 
 in equity plaintiff may prove debt was due by firm though note was taken 
 
 in name of one, 1 R. 300. 
 surviving, has no other claim against real estate of firm than any creditor, 
 
 2 R. 183. 
 estate of deceased, liable in equity for debts of firm if surviving, is insol- ■ 
 
 vent, 3 L. 548. 
 what laches of creditor will release estate of deceased, 3 L. 548 ; 9 L. 424. 
 specific execution decreed against surviving partners of agreement made 
 
 by deceased, for use of firm, 6 L. 495. 
 deed by,_reformed in equity according to intent of grantor, 8 L. 415. 
 liability of estate of a deceased, in equity, 8 L. 689. 
 liability of administrator of deceased, to separate creditors, 9 L. 434 
 suit not sustained against dormant, on specialty made by active, 5 Rob. 536. 
 not executing new note still bound on old one, 2 G. 372. 
 act March 19, 1839, applies only to plaintiff partners, 3 G. 422. , 
 
 surviving, not allowed compensation for settling up business, 4 G. 138. 
 when partnership and firm creditors share estate of deceased, 4 G. 293. 
 when surviving, can share in separate estate of deceased, when not, 4 G. 
 
 293. 
 on what contract one partner may sue another, 6 G. 354. 
 qualifying as administrator of co-partner cannot question his title to one- 
 half of partnership property, 7 G. 1. 
 dormant, held liable for purchase money of land bought for iirm, 8 G. 248. 
 duty of, selling out to co-partner who is ignorant of debts due by the firm, 
 
 9 G. 204. 
 liability of estate of deceased, if business continued under his will, 15 
 
 .G. 11. 
 partners having made a valid settlenJeut of their business bound thereby, 
 
 17 G. 321. 
 liabilitv of a special, 13 G. 683. 
 an infant may be a, 17 G. 503. 
 
 consent of father to infant's becoming, is release of his services, 17 G. 503. 
 for what a continuing, doing business with firm stock liable, 25 G. 536. 
 liability of land of deceased, to firm debts, 26 G. 455. 
 not entitled to compensation for services in the business, 29 G. 134. 
 how estate of bankrupt, administered, 29 G. 650. 
 
 effect of judgment in another State against members of a fijm after disso- 
 lution, on a, not served withr process, 30 G. 266. 
 when partners are tenants in common of land, 3 P. & H. 339. 
 rights and liabilities in this case, one purchasing from the other, 32 G. 481. 
 
412 PARTNER. 
 
 PARTNER, In General, Continued. 
 wheu accovint rendered after dissolution binding on retiring, 7 L. 362. 
 when surviving, a competent witness in suit against himself, but plaintiff 
 
 not, 33 G. 342 
 2. I*owERS : 1 
 
 ■ys;hen plea entered by one, binds tlie otber, t W. 372. 
 assumpsit of iirm debt by one, after dissolution of firm binds the others, 6 
 
 C. 51. 
 one cannot make another a member of a new firm without his consent, 6 
 
 C.279. 
 admission of a debt by one, after dissolution of firm not evidence of the 
 
 debt against the other partners, 3 M. 191. 
 after dissolution one' cannot bind others by settling accounts or allowing 
 
 credits, 4 M. 215. 
 what deed by, not an assigDment of bond due the firm, 4 M. 442. 
 note or bond made by one, for debt not due by the firm, does not bind 
 
 others, 6 M. 418. 
 firm bound by bond given by one, in firm name, when, 7 L. 594. 
 when managing, may sell or give lien on partnership effects, 8 L. 415. 
 assignment by one, not defeated in equity because a seal was attached 
 
 thereto, 8 L. 415. 
 when sale of partnership proioerty by one, valid, 6 G. 197. 
 surviving administrator suing for settlement of partnership cannot sell its 
 
 property until suit is decided, 7 G. 1. 
 wheu answer of one in name of both sufficient, 2 H. & M, 575. 
 authorized to settle after dissolution cannot renew a note in the firm name, 
 
 2 G. 372. 
 what surviving, who is administrator of deceased, can retain against sepa^ 
 
 rate creditors, 4 G. 293. 
 in two firms allowed to transfer debt of one to the otherto a creditorof the 
 
 latter, 7 G. 380. 
 when bond and deed of trust given by one, to secure firm debt releases the 
 
 other, 9 G. 454. 
 all must join to convey real estate, 15 G. 11. 
 when authority of one, inferred in a settlement amongst partners, 17 G. 
 
 321. 
 in this case had no authority to bind co-partner, 21 G. 678. 
 when, paying firm debt after discharge in bankruptcy cannot recover from 
 
 co-partner, 21 G. 700. 
 wheij contract made by one after dissolution binds all, 25 G. 321. 
 purchase by one, held to be for benefit of firm, 29 G. 134. 
 ^ one member of a dissolved firm cannot employ an attorney to defend other 
 
 members, 30 G. 266. 
 effect of a conveyance by one, of land of firm, 2 P. & H. 339. 
 what a conversion of partnership property into separate property. Wliat 
 
 not, 2 P. & H. 339. 
 one cannot submit firm matters to arbitration so as to bind co-partners, 2 
 
 P. & H. 442. 
 
PAKTNER— PA.RTNEKSHIP. 413 
 
 PAETNEE, PowEES, Continued. 
 assignment by one, to another, of debt due firm not binding on firm, when, 
 
 2 P. & H. 442. 
 sale of property of firm by one, to pay his individual debt without assent 
 
 of other, does not divest title, 32 G. 588. 
 PAETNEBSHIP ; see PaHner. 
 suit against firm abated as to partner not served with process. How judg- 
 ment taken against other, 1 W. 9. 
 person sued for a partnership debt must plead in' abatement, 1 W. 9. 
 debt due by one partner is not a set-Off against a, demand, 1 W. 77. 
 case in which this rule does not apply, 2 C. 409. 
 when new, liable for debts of old, 4 C. 546. 
 executors of deceased partners should be parties to suit in equity against, 
 
 5 C. 158. 
 in taking accounts commissioner should disregard private items, 1 H. & 
 
 M. 9. 
 delivery of goods to one partner not a set-oflf against a partnership demand, 
 
 1 H. & M. 176. 
 declaration against a, alleging a binding by one partner only is defective, 
 
 1 H. & M. 423. 
 in settling, all the partners should be parties. One partner not a witness 
 
 for the other, 2 H. & M. 603. 
 what averment in declaration necessary to sustain suit by firm on bond 
 
 payable to an individual, 3 H. & M. 219. 
 books of firm evidenfcein settlement of; vouchers not necessary, 4 H. & M. 
 
 363. 
 lease by one partner not admissible in support of avowry laying a demise 
 
 by co-partners, 2 M. 330. , 
 in suit agaimst, if names omitted in writ and declaration, judgment against 
 
 a third person served with writ not sustained, 2 M. 349. 
 declaration in debt against, charging that one partner executed bond for 
 
 both is fatally defective, 3 M. 189. 
 effect of conveying land to, as individuals, 4 M. 316. 
 declaration by name of, omitting names of partners, good after verdict, 4 
 
 H.&M. 200;4M. 430. 
 debt due to one partner not allowed as a set-ofl' in suit against a, 5M. 388. 
 specific performance of agreement to build a tavern in, decreed, 5 M. 442. 
 on attachment for debt against one partner sheriff must seize partnership 
 
 effects and sell an undivided half thereof, 5 M. 110. 
 how party holding claim against, and owing one partner can in equity 
 
 have settlement of accounts, 6 M. 34. 
 when court should direct issue to try fact of secret, 6 M. 464. 
 may be sued in'equity if one partner lives out of State though suit should 
 
 otherwise be brought at law, 1 E.,300. 
 this contract held not to constitute a, 2 L. 550. 
 what agreement as to nett profits of a farm constitute a, 5 L. 583. 
 has a continuance until affairs settled. How settled in this case, 5 L. 583. 
 what agreement with sub-contractor by a mail contractor not a, 7 L. 115. 
 
414 PARTNERSHIP. 
 
 PAETNERSHIP, Continued, 
 qusere, how losses borne or profits divided if there was no agreement in 
 
 respect thereto, 9 L. 262. 
 lands bought with funds of, for purposes of, is property of, 10 L. 406. 
 sale of land in suit by surviving partner against heirs of deceased partner 
 
 sustained, 10 L. 406. 
 what an individual and not a, acceptance of a bill of exchange, 12 L. 32. 
 appeal not set aside because one of two surviving partners died while it 
 
 was pending, 12 L. 32. 
 proceedings if decree against, reversed because one partner only liable, 12 
 
 L.32. 
 property purchased by persons in, held liable for dower, 12 L. 264. 
 what evidence admissible as to question of who were partners, what not, 
 
 1 Kob. 267. 
 what instructions as to fact of, correct, what not, 1 Rob. 267. 
 property not liable to individual debts until debts of, paid, 1 G. 396. 
 property not liable to debts of one partner until co-partner is paid what 
 
 firm owes him, 1 G. 396. 
 creditors of, cannot be substituted to rights of obligee in a bond made by 
 
 one partner, when, 1 G. 396. 
 objection that names of, are not stated must be made in the pleadings, 2 
 
 G. 250. 
 what is proof of a dissolution of a, 3 G. 348. 
 
 Sup. R. C. 1819 ch. 265 as to proof of handwriting, constrned, 3 G. 422. 
 equity will not settle a, for gambling, 7 G. 1. 
 whole of personal property of, should be sold and proceeds divided among 
 
 partners, 7 G. 1. 
 equity refused to enquire into alleged errors in settlement of, in this case, 
 
 7 G. 86. 
 when defendants cannot show firm was dissolved before note sued on 
 
 was given, 9 G. 615. 
 when property applied to pay individual debt, 15 G. 400. 
 when deed conveying individual and, property reformed, 18 G. 387. 
 individual property applied to debts in this case, 21 G. 584. 
 how settled in these cases, 17 G. 544 ; 28 G. 609. 
 when deed of, void as to creditors. How assets distributed, 13 G. 683. 
 when confession of judgment by, void, 13 G. 683. 
 rules as to notice or knowledge of dissolution of a, 25 G. 321. 
 if partners become alien enemies firm is dissolved by operation of law, 
 
 25 G. 536.' 
 how stock of a dissolved, should be disposed of, 25 G. 536. 
 when dissolved by war. Liability of partners in such case, 26 G. 145. 
 what agreement between partners fraudulent as to creditors of, 27 G. 19. 
 when creditor may subject estate of bankrupt partners in a State court, 
 
 29 G. 650. 
 when bill for attachment of effects of, treated as for the benefit of all credi- 
 tors, 29 G. 650. 
 
PARTNERSHIP— PATENT. 415 
 
 PAETNERSHIP, Qmtinued. 
 what a conversion of partnership property into separate property. "What 
 
 not, 2P. &H. 339. 
 as to liability of propertyfor payment of partnership debts in preference tc 
 
 individnal debts, 32 G. 481. 
 when court may appoint and remove a receiver of partnership property ; 
 
 security required, 32 G. 481. 
 bill by administrator of partner to settle, 32 G. 481. 
 how far books of firm evidence' of debts of, 32 G. 481. 
 PATENT ; see Grant. 
 if obtained by fraud may be relieved against in equity, 1 W. 116. 
 when copy of, authentic and admissible, 2 W. 276. 
 an inclusive, to three creates a joint tenancy, 1 C. 4.58. 
 a new, is a release of a forfeiture under a former grant, 1 C. 458. 
 caveat by one who had no title dismissed, 2 C. 547. 
 neither entry nor survey but the grant only passes title, 3 C. 259. 
 when not set aside unless caveat prevented by fraud or accident, 3 C. 259. 
 case of pre-emption under a survey and, 3 C. 417.* 
 waste land before Eevolution was granted by order of council or warrant 
 
 from governor, 4 C. 21. 
 entry in council book followed by order of council gave priority of grant, 
 
 4 C. 21. ' , 
 
 when declared fraudulent as to settler, 4 C. 196. 
 defendant in ejectment may show that plaintiff's, was obtained by fraud, 
 
 4 C. 213. 
 
 court of law can avoid, for fraud in obtaining it, 4 C. 253. 
 
 bed of navigable river is in commonwealth and cannot be granted, 4 C. 
 441 ; 27 G. 430. 
 
 when party failing to enter ar, cannot get relief in equity against a, granted 
 another, 5 C. 261. 
 
 in ejectment evidence that, was irregularly obtained is inadmissible, 1 H. 
 & M. 306. 
 
 when jury may presume, to have formerly issued, 2 H. & M. 370. 
 
 validity of, granted by another State cannot be collaterally drawn in ques- 
 tion, 4 H. & M. 146. 
 
 in this case held illegal and void for defects apparent on its face, 1 M. 134. 
 
 not void because survey was made first and warrant obtained afterwards, 
 
 5 M. 220. 
 
 when omission to insert county in which land lies will not vitiate, 5 M. 220. 
 
 with reservation construed, 6 M. 38. 
 
 when good against title of petitioner for land forfeited by non-payment of 
 quit-rents,. 6 M. 233. 
 
 when equity will aid plaintiff claiming equitable title under a patent subse- 
 quent to another, 6 M. 459. 
 
 equity has jurisdiction to prevent issuing of, on ground of fraud without a 
 caveat, 1 R. 114. 
 
 during pendency of such suit no one can get, for same land under a war- 
 rant located since its institution, 1 E. 114. 
 
416 PATENT. 
 
 PATENT, Continued. 
 
 what, issued under 2 R. C. p. 434 including a prior claim, does not pass, 4 
 E. 365. 
 
 purchase of warrant and entry is not purchase of land until entry is car- 
 ried into grant, 4 E. 365. 
 
 proof that land was the same granted by, allowed, though there was error 
 in, as to county it lay in, 2 L. 329. 
 
 survey of land for Loyal company not carried into grant does not vest legal 
 title in company and a, may issue for it, 2 L. 329. 
 
 purchaser from patentee without notice of prior entry protected in equity, 
 7L. 393; see 2 L. 329. 
 
 qusere, whether equity will entertain suit of junior patentee in this case, 
 7 L. 393. 
 
 effect of a, issued on judgment for eaveatee, where such judgment is after- 
 wards reversed, 8 L. 681. 
 
 reference in, as to boundary controls call in entry, 8 L. 697. 
 
 act April 1, 1831, constitutional, 11 L. 334. 
 
 granted in 1797 of land formerly patented, forfeited and revested in Crown, 
 held void, 1 Eob. 308. , 
 
 repealed in chancery under 1 E. C. ch. 119 so far as it interfered with plain- 
 tift's rights, 1 Eob. 308. 
 
 1 E. C.^ ch. 86, ^40, construed, 2 Eob. 288. 
 
 when entry and possession of elder patentee of land not embraced in ju- 
 nior, does not oust junior patentee, 1 G. 165. 
 
 when entry by junior patentee ouster of elder patentee to the extent of 
 limits of junior, 1 G. 211. 
 
 patentee cannot be disseised of lauds in a state of naturej except by acts 
 changing their condition, 1 G. 211. 
 
 confers seisin though land occupied by another when it issues, 1 G, 211. 
 
 mistalce in, calling for an object which is not, does not affect its validity, 
 1 G. 211. 
 
 equity will not entertain a bill to repeal, after ten years, 3 G. 278 
 
 equity has jurisdiction to set aside, obtained with knowledge of a prior 
 entry, 3 (i. 301. 
 
 who necessary parties in such a case, 3 G. 301. 
 
 when iry unction awarded against patentee to allow equituble owner to get 
 in outstanding legal title, 3 G. 291. 
 
 no adverse possession under junior, issued after commencement of suit, 9 
 G. 146. 
 
 what, void as land was not waste and unappropriated, 7 G. 146. 
 
 what, valid in this case. What not adversary possession of land in inter- 
 lock under, 22 G. 378. 
 
 how patent for land repealed, J. 20. 
 
 what land at Old Point not liable to entry and, 11 G. 136. 
 
 sewing machine company having a, for their machines cannot therefore 
 sell them without paying a license tax, 33 G. 898. 
 
PAUPER SUIT— PAYMENT. 417 
 
 PAUPER SUIT; see Freedom; Slaves. * 
 
 equity has jurisdiction of, for freedom and will appoint counsel, Gil. 333. 
 ■when relief given in equity in a, for freedom by granting a new trial of a 
 a former suit, &c„ 5 M. 95 ; 6 E. 159. 
 
 PAWN ; see Pledge. 
 when goods pawned cannot be redeemed by executors, 1 C. 280. 
 consignee cannot pawn goods so as to divest the property of consignors, 4 
 
 H. & M. 432. 
 in such case decree for consignors against pawnees entered in equity, 4 H. 
 
 & M. 432. 
 pawnee has no lien for another debt on goods pawned for specified debt, 2 
 
 L. 493. 
 effect of loss of property pawned without fault of pawnee, 12 L. 166. 
 creditor holding a, should account for profits, Wy. 129. 
 PAYING MONEY INTO COURT, 
 when court will order defendant to pay money iato court, 23 G. 145. 
 when payment of Confederate money into court under its order a valid 
 
 payment, 33 G. 1. 
 
 PAYMENT; see Accord and Satisfaction ; Contract; Tender. 
 to attorney at law, when good. When not, 1 W. 10 ; 1 C. 147. 
 to one partner is, to all unless forbidden, 1 W. 77. 
 of rent for ward's land to guardian, good, 1 W. 87. 
 •^ application of payments — principles of, 1 W. 128. 
 what is not, 1 W. 128: 
 evidence of absence beyond seas admissible to extinguish interest on plea 
 
 of, IvC. 133. 
 in paper money in Feb. 1780, of a debt due in 1774 is good, 1 C. 382. 
 witness can prove, by himself for the defendant, 2 C. 231. 
 small notes given for large note are neither, nor merger of large one, 3 C. 
 
 234. 
 . after plea of, defendant can object to variance between declaration and 
 
 note, 4 C. 224. 
 plea of, amounts to the general issue, 4 C. 371. 
 what is a loan and not a, by agent to principal, 5 C. 118. 
 upon plea of, defendant may show bond was paid by one not an obligor, 
 
 5 C. 449. 
 
 mode of calculating interest where partial payments have been made, 4 H. 
 
 6 M. 431. 
 
 when administrator competent witness to prove, of money by himself to 
 guardian of a distributee, 1 M. 119. 
 
 when proof of parol acknowledgment by third person that he received 
 money from plaintiff for defendant, allowed, 2 M. 316. 
 
 when principal bound by, to agent before latter's powers were revoked, 4 
 M. 130. • 
 
 equity will relieve against stipulation that on failure to pay interest prin- 
 cipal shall be due, 5 M. 495. 
 
 53 
 
418 PAYMENT. 
 
 PAYkENT, Continued. 
 when court should instruct jury to presume note paid, unless presump- 
 tion rebutted by evidence, 6 M. 532. 
 to sheriff in discharge of execution after return day has passed, not bind- 
 ing on creditor, 4 R. 336, 
 person requesting plaintiff to pay money for him cannot resist repayment 
 • because debt paid was not legally due, 4 E. 392. 
 in debt by assignee and plea of, to plaintiff, evidence of, to assignor not 
 
 admissible, 6 E. 353. 
 debtor held in this case to bear loss of, made to creditor's commission mer- 
 chant, 1 L. 306. 
 when guardian making payments to ward of profits to which she was en- 
 titled cannot recover them back, 2 L. 76. 
 to city under mistake of law cannot be recovered back ; under mistake of 
 
 fact can be, 5 L. 305. 
 when creditor cannot apply payments to unsecured debt and sue surety on 
 
 secured one, 5 L. 329. 
 evidence in this case held no proof of, 6 L 82. 
 credit allowed in equity for partial, though receipt obtained by fraud for 
 
 the whole debt, 7 L. 346. 
 debtor making, in counterfeit note still liable, 7 L. 617. 
 when court will make application of payments ; general rule, 11 L. 512. 
 rule as to right of debtor to make application of, to principal approved, 2 
 
 Eob. 1. 
 how payments made by State treasurer applied, 2 G. 134. 
 how applied if creditor has two securities for one of three bonds and one 
 
 for the others, 4 G. 52. 
 cannot be applied by creditor to a debt subsequently arising, 5 G. 357. 
 how applied where, is more than suaScient to pay one of four bonds and 
 
 second bond has a surety on it, 7 G. 86. 
 when money applied to judgments instead of bond, 7 G. 86. 
 how payments applied is these cases, 8 G. 533 ; 21 G. 205. 
 obligor paying bond to assignee under a forged assignment not protected, 
 
 when, 3 G. 4. 
 vendee compromising decree against himself entitled to credit on purchase 
 
 ■ money only for amount actually paid by him, 3 G. 179. 
 debtor of obligor paying,hisbond must recover for money paid to obligor's 
 
 use, 10 G. 269. 
 defendant may prove money sued for was paid by plaintiff out of intes- 
 tate's money in his hands, 10 G. 1, 
 when bonds received by widow from husband's executoraa valid, 11 G. 434. 
 what does not amount to, of a judgment, 22 G. 351. 
 when, made during war to agent of non-resident creditor valid, 22 G. 424. 
 when a check is not, 22 G. 513. * 
 
 when notes of insolvent banls.not a good tender on part of debtor of bank, 
 
 25 G. ,378. 
 
 how payments made by tax collector applied as between sureties on his 
 different bonds, 25 G. 721. 
 
PAYMENT— PENALTY. 419 
 
 PAYMENT, Continued. 
 as to priorities of, between deeds of trust and judgments, 26 G. 72. 
 of a>debt need not be in money. "What was, in this case, 26 G. 314. 
 what not a good, or a good plea of, 26 G. 320, 729, 785. 
 how amount due on a note ascertained when there have been payments, 
 
 26 G. 903. 
 priority of payments to creditors in this case, 27 G. 479. 
 in what order bonds for purchase money which have been assigned should 
 
 be paid, 27 G. 835. 
 when a check is, 28 G. 165. 
 
 when, of bond to son of deceased creditor a discharge of bond, 28 G. 832. 
 when, of good debts in Confederate money invalid, 29 G. 229, 263. 
 when, of legacy in Confederate money no discharge, 29 G. 322. 
 when, in Confederate money by purchaser at judicial sale valid, 29 G. 462. 
 as to presumption of, of a bond from lapse of time, 29 G. 605 ; 3 G. 329. 
 to obligee of bond which is assigned without notice of assignment is valid, 
 
 30 G. 496. 
 of fines may be made in coupons of State bonds, 30 G. 134. 
 when, in Confederate money not to be scaled, 31 G. 70. 
 when inferred from circumstances, 13 G. 219. 
 
 note left at bank where payable may be paid at any time, when, 19 G. 366. 
 debtor cannot anticipate, without creditor's assent, 23 G. 225. 
 when creditor must receive, in Confederate money, 23 G. 835. 
 application of, if debtor does not direct where it shall be credited, "Wy. 73. 
 judgment enjoined until proper application of payments made, Wy. 73. 
 mere possession of bond does not justify its, to the holder, when, 32 G. 135. 
 . doctrine of the application of payments when there are several debts, 25 
 
 G. 721 ; 32 G. 262. 
 when, of Confederate money into court under its order, a valid, 33 G. 1. 
 right to insist on application of a, exists only between the parties. Proper 
 
 application in this case, 33 G. 186. 
 a check upon a bank imports a, and not a loan by drawer to payee, 33 G. 
 
 342. 
 proof held sufficient to establish, of debt reduced to judgment, twenty- 
 three years elapsing before filing of bill to enforce judgment, 33 G. 402. 
 remedy on mortgage is not affected by lapse of time short of that sufficient 
 
 to cause presumption of, 33 G. 617. 
 how proceeds of land should be applied to the relief of several sureties, 
 
 33 G. 527. 
 PEDIGREE, 
 when hearsay evidence admissible to prove, 1 W. 123 ; 2 W. 146 ; 4 1^. 611. 
 what may be given in evidence to prove, in a suit for freedom, 2 H. & M. 
 
 193; 2 L. 665. 
 what is competent evidence respecting, 5 L. 88. 
 PENALTY ; see Bond ; Contract ; Fine ; Forfeiture. 
 contract with, distinguished from usury, 1 W. 1. 
 when defendant might pay, though judgment erroneous, 1 W. 26. 
 
420 PENALTY. 
 
 PENALTY, Continued. 
 when judgment on bond not entered for the, 1 W. 72. 
 judgment for, on sheriff's bond, 1 W. 91. 
 contract to pay larger sum at a future day is a, 1 W. 118. 
 is relievable against in equity, 1 W. 118. 
 of bond is £20 when plaintiff iu chancery appeals, 1 "W. 380. 
 jury may find damages greater than laid in declaration if less than, of 
 
 bond, 2 W. 143. 
 in current money to be discharged by sterling money, what judgment 
 
 should be, 2 W. 150. 
 when compensation can be made equity will always relieve against a, 1 
 
 C. 533. 
 how compensation fixed when courts of equity relieve against a, 2 C. 421. 
 for not giving notice of protest on an inland bill of exchange, 5 C. 358. 
 bail is not required in debt for the, of a statute, 6 C. 245. 
 of bond made in paper money times should be scaled, 1 H. & M. 381. 
 in, debt on bond judgment is satisfied by paying the. How judgment 
 
 entered, 1 M. 175. 
 what declaration should demand in debt on judgment for the, of a bond 
 
 to be discharged by smaller sum, 4 M. 307. 
 stipulation that on failure to pay interest principal shall be due is in nature 
 
 of a, and relievable in equity, 5 M. 495. 
 how judgment entered when principal and interest are more than the, and 
 
 damages are found by a verdict, 5 M. 494. 
 forthcoming bond in obligatory part of which no penalty is mentioned 
 
 quashed on motion, 6 M. 32. 
 what back interest considered as an additional, and not recoverable, 6 
 
 M. 71. 
 1 E. C. ch."l28 ?83 construed, 6 M. 71. 
 to what plaintiff entitled on scire facias to revive judgment in debt for, to 
 
 be discharged by principal and interest, &c., 6 M. 282. 
 inserted in a contract from which party may deliver himself, and does not 
 
 make contract usurious, 6 M. 433. 
 on instrument without seal and in form of penal bill plaintiff must de- 
 clare for principal not for, 2 R. 446. 
 bill claiming damages for breach of contract not entertained in equity, 3 
 
 L. 667. 
 unliquidated damages cannot be set off in equity, 3 L. 667. 
 may be recovered by action of debt, statute allowing it to be by bUl, plaint 
 
 or information, 8 L. 479. 
 when pardon of governor does not release, 23 G. 10. 
 discharge of prisoner from custody does not release fine, 23 G. 10. 
 what law governs as to, for usury, 31 G. 629. 
 
 Code 1873 ch. 15 §13 applicable to civil as well as criminal cases, 31 G. 629. 
 relief against, in equity, Wy. 114, 375. 
 when sheriff relieved against fine for not returning an execution, Wy. 328. 
 
PENITENTIAKY— PERSONAL REPRESENTATIVE. 421 
 
 PENITENTIARY. 
 State not liable for articles furnished in 1861-2, 20 G. 404. 
 when convict may be sentenced to solitary confinement, 2 V. C. 465. 
 proceedings for escape from, must be by indictment, 2 V. G. 467. 
 when continuance of case of convict ground for objection to judgment, 2 
 
 Eob. 845. 
 PEEJUEY ; see False Swearing. 
 
 when swearing falsely not, 4 G-. 554. 
 , may be committed before a justice on a warrant for debt, 6 G. 691. 
 when an indictment for, should not be quashed but defendant left to demur, 
 
 6 G. 691. 
 what an indictment lor, must shoWj 8 G. 628. 
 when taking false oath under insolvent debtors' act is, when not, 1 V. C. 
 
 181, 265. 
 what indictment for, iu taking false oath before court of inquiry should 
 
 show, 2 V. C. 30. 
 what not a material variance between indictment, for and evidence, 2 V. 
 
 C. 323. 
 what a sufficient information for, by grand juror on his voir dire, 10 L. 678. 
 indictment against insolvent debtor for, held bad on demurrer, 1 Eob. 729. 
 indictment for, in giving evidence before grand jury held defective, 2 Eob. 
 
 795. 
 demurrer to an indictment for, sustained, 1 G. 561. 
 indictment for, must be according to common law, 2 G. 579. 
 what indictment for, in swearing to answer should set out, 2 G. 579. 
 prisoner's own statements not sufficient to convict him of, 27 G. 1025. 
 party cannot be convicted of subornation of, if principal has been acquitted 
 
 of, 29 G. 857. 
 PEEPETUITIES. 
 limitation ireeing slaves held not to come within rule against, 2 C. 319. 
 leases for years and personal chattels governed by same rule against per- 
 petuities as estates of inheritance, 2 C. 319. 
 doctrine of, as to bequests of personal chattels does not apply to bequest 
 
 of freedom to a slave, 12 G. 333. 
 PEEPETUATING TESTIMONY ; see Deposition ; Equity ; Evidence. 
 PERSONAL PEOPERTY ; see Chattels. 
 when buildings on land of another are ; when taxed as land, 28 G. 115. 
 guardian may use, of ward for his support, when, 33 G. 663. 
 PEESONAL EEPEESENTATIVE ; see Account; Administration; Ommis- 
 
 sioner in Chancery ; Decedents^ Estates ; Distribution. 
 
 1. In Geneeal. 
 
 2. Appointment. 
 
 3. Bond. 
 
 4. Duties and Powers. 
 
 5. Eights and Liabilities. 
 
 6. Accounts. 
 
 7. Suits by and against. 
 
422 PERSONAL EEPEESENTATIVE. 
 
 PERSONAL EEPEESENTATIVE, Continued. 
 1. Is Genebal : 
 damages should be against testator's estate on appeal revived by his, 1 W. 
 
 74. 
 vrhen not bound to agree facts, 1 "W. 212. 
 assent of, to specific legacy changes property in it, 1 W. 308. 
 when entry in account book made by clerk of, evidence, 2 W. 151. 
 vrheu conveyance by person as, estops him to claim as heir, 1 C. 429. 
 when judgment de bonis testatorix perhaps erroneous, 2 C. 514. 
 before act 1785 debts due by, were assets in equity, 1 "W. 53, 64 ; 3 C. 75'. 
 loose conversation of, not suflacient to raise an assumpsit, 3 C. 248. 
 when creditor cannot levy on slave in hands of, of an executor who was a 
 
 legatee, 4 C. 327. 
 assent of, to legacy need not be proved if legatee had possession of it in 
 
 testator's life time, 6 C. 55. 
 decree against, only prima facie evidence against heir or devisee, 6 C. 308. 
 assumpsit by, not evidence to prevent operation of act of limitations, 1 H. 
 
 & M. 563; 21 G. 365. 
 what appeal bond, should give if decree is against him partly as, and 
 
 partly in his own right, 2 M. 341. 
 when should not give appeal bond as to subject touching him as, 1 E. 393. 
 when required to give security before funds decreed him, 2 E. 438. 
 when one, may proceed with an appeal without the other, 4 H. & M. 283. 
 sale of slave by one not, void against true executor, 4 M. 194. 
 how far land on which there is a lien assets, 13 G. 615 ; 17 G. 289. 
 what legal and what equitable assets. How debts paid apportioned, 17 G. 
 
 289. 
 how estate applied in payment of debts when land and personalty made a 
 
 common fund, 23 G. 477. 
 contract between surviving partner and, of co-partner, 23 G. 674. 
 what a personal decree against; when erroneous, 23 6. 816. 
 when purchaser from, liable for his devastavit, when not, 25 G. 642 ; 32 G. 
 
 362. 
 when assets may be removed from one State to be administered in another, 
 
 when not, 25 G. 795. 
 when person paying, in Cofederate money liable for the debt, 30 G. 94. 
 Code 1873 ch. 126 ?25 as to classifjing debts of decedent construed, 31 G. 
 
 114. 
 in what class debt of trustee for infant children under a will, put under 
 
 Code 1860, 31 G. ll4. 
 guardian's bond to ward ranks as a fiduciary debt in settling his estate, 31 
 
 G. 291, 
 attachment served on, before qualification is a lien on legacy to absent 
 
 debtor, 1 P. & H. 101. 
 act of limitations does not apply to suits for balance in hands of, 2 P. & 
 
 H. 169. 
 what not sufficient proof that decedent intended a debt as an advance- 
 ment, a P. &H. 1. ' 
 
PERSONAL REPRESENTATIVE. 423 
 
 PERSONAL REPRESENTATIVE, In Genekal, Continued. 
 
 when, states that he sells land as testator held it, purchaser musis enquire 
 
 as to title, 3 C. 558. 
 liability of assignee of chose in action assigned by, in this case, 2 P. & H. 
 
 462. 
 2. Appointment: 
 person entitled to estate is also entitled to administer, when, 1 C. 3 ; 4 L. 
 
 152. 
 what power given one by will is an appointment as, 3 C. 75. 
 since 1792 creditor has no preference as to grant of administration, 6 C. 208. 
 administrator duly appointed and qualified is lawful, until removed, 2 M. 
 
 479. 
 of husband who administered on wife's estate is entitled to administer d. 
 
 b. 71. in preference to her ne.xt of Mn or his residuary legatee, 4 M. 231. 
 when wife's nearest blood relation preferred to her husband as, 6 M. 132. 
 effect of administration by executors under two wills, one in Virginia and 
 
 one in England, 1 R. 108. 
 after administrator d. b. n. has been substituted for executor, court cannot 
 
 appoint another, when, 2 V. C. 230. 
 when circuit court of Henrico can grant administration on estate of a 
 
 non-resident, 2 L. 248. 
 when court must prefer distributee to creditor. 2 L. 267. 
 letters of administration granted by court having no jurisdiction are void, 
 
 2 L. 719. 
 court which first granted administration is only court which can grant 
 
 administration d. b. n., 2 L. 761. 
 when wife not entitled to administer. Renunciation of executorship, 4 
 
 L. 152. 
 sherifi" who is, bound to administer after expiration of his office, 5 L. 13. 
 failure to state renunciation of executors on record does not make grant 
 
 of administration void, 7 L. 419. 
 regularity of grant of administration presumed. How proved irregular, 
 
 7 L. 419. 
 grant of administration on estate of foreigijer voidable, not void, d L. 119. 
 quasre, if new grant of administration can be made until irregular grant 
 ', revoked, 2 Rob. 102. 
 commission of, d. b. n. is confined to goods unadministered, 5 R. 51. 
 when administration granted to distributee if estate has been committed 
 
 to sheriff, 12 G. 85. 
 grant of administration when deceased lived and died out of the State and 
 
 left no property in it, is not void, 14 G. 229. 
 court taay appoint another trustee of fund in place of, 25 G. 410. 
 when court may remove a fiduciary, 27 G. 29. 
 
 appointment of debtor as administrator did not release deljt, 28 G. 233. 
 when in suit against heirs court will not notice. irregularity or false sug- 
 
 gustion in 'appointment of, 2 P. & H. 663. , 
 
 when appeal from order appointing, premature. 'When not, 4 M. 403. 
 
424 PERSONAL REPRESENTATIVE. 
 
 PERSONAL EEPEESENTATIVE, Continued. 
 
 3. Bond : 
 creditor must fix devastavit od, before he can sue on his bond, 1 W. 31 ; 1 
 
 C. 333 ; 4 C. 308 ; 5 C. 520 ; 1 M. 1 ; 2 M. 24 ; 3 M. 568. 
 bond of, not evidence unless declaration shows plaintiffs to be justices, 1 
 
 C, 345. 
 creditor may sue on bond of, as well as legatee, 1 W. 31 ; 4 C. 308. 
 legatee may sue in equity on bond of, without first establishing claim 
 
 against, 6 C. 21. 
 what judgment and return on execution insufiScient to sustain action on 
 
 bond of, 1 H. & M. 53. 
 what insufficient to sustain action on, 2 M. 24. 
 when action sustained on, without previous suit suggesting a devastavit, 3 
 
 M. 548. 
 appeal from order appointing a, premature before bond directed to be given, 
 
 4 M. 403. 
 what bond of, too defective to render judgment on, 6 R. 349. 
 bond held not a good statutory bond, 2 L. 642. 
 when sureties of, not liable for proceeds of land sold under power in will, 
 
 3 L. 89. 
 who can sue on, for a legacy. "What declaration must aver, 3 L, 89. 
 1 E. C. ch. 104 ?63 construed, 3 L. 395 ; 1 G. 229. 
 bond held improperly taken and void, 8 L. 54. 
 
 co-executors joining in same bond are sureties of each other, 3 G. 109. 
 sureties of, who qualified prior to act February, 1825, not liable for pro- 
 ceeds of land wasted by him, 3 G. 109. 
 sureties in bond not conforming to statute not liable to creditors, when, 3 
 
 G. 342. 
 when sufficiency of assets fixed as to sureties by judgment on the bond, 6 
 
 G. 384. 
 bond signed by person not named therein is his bond, 8 G. 54. 
 bond only binding obligors for administration of personal assets, they are 
 
 not liable for rents, &c., of land, 8 G. 220. 
 for what, real estate of, bound by his bond in this case, 13 G. 152. 
 when sureties of, not liable for administration of land, 23 G. 477. 
 when bond covers general as well as specific legacies, 23 G. 477. 
 when account of, settled as guardian account, and how sureties bound, 23 
 
 G. 652. 
 when neither sureties of, nor testator's estate liable for his breach of con- 
 tract, 23 G. 802. 
 when sureties of, not released, 26 G. 248. 
 
 when sureties of, not liable, accounts having been settled, 32 G. 92. 
 from what time bond of, binds sureties. When sureties on first bond not 
 
 bound, 32 G. 262. 
 rights and liabilities of sureties on various bonds given by a, 32 G. 262. 
 when in suit in chancery bond required of, who qualified without security, 
 
 2 R. 438. 
 
PERSONAL REPRESENTATIVE. 426 
 
 PERSONAL REPRESENTATIVE, Continued. 
 4. Duties and Powees : 
 may reserve enoagli to pay debts, or take refunding bonds, when he di- 
 vides estate, 2 W. 1. 
 has no power to sell land unless specially given by will, 2 W. 68. 
 purchaser of land from, must look to his power. Caveat emptor applies, 2 
 
 W. 68. 
 when goods pawned cannot be redeemed by, 1 C. 280. 
 effect of giving, power to convey land sold in testator's lifetime, 1 C. 429. 
 when may submit matter to arbitration in his own right and as, 1 C. 575. 
 of consignee of goods not bound to collect outstanding debts for same, 2 
 
 C. 358. 
 among creditors of equal dignity, may prefer either, 4 C. 528. 
 may delay suit on one bond and confess judgment on another, 4 C. 528. 
 when sale by one, void unlegs other dead or did not qualify, 5 C. 248, 
 when under general power given by will to executors to sell land sale by 
 
 one is void, 5 C. 407. 
 when land bought by, at his o\yn sale ordered resold, 1 H. & M. 519. 
 conveyance of land by two of three, held void, 4 H. & M. 444. 
 conveyance by one of three, to purchaser for value held good, 2 M. 129. 
 not bound to pay a legacy until a refunding bond is given, 2 M. 303; 4 M. 
 
 77. 
 not bound to divide residuum until bond be given by distributees, 3 M. 
 
 29. 
 when has discretion as to which chattels shall be sold, 3 M. 288. 
 administrator e. t. a. has same powers executors would have had if they had 
 
 qualified, 3 M. 288. 
 what a power to, to lease lands and loan money on public securities, 3 
 
 M. 288. 
 by what law will construed as to power of, if testator died before Jan. 1, 
 
 1787, 3 M. 345. 
 when sale and conveyance by some of executors named in will valid, 3 M. 
 
 345; 4M. 332. 
 fact that, paid assets to legatees before notice of creditor's claim is no de- 
 fence, 1 W. 308; 4 M. 119. 
 one may consent to sale made by another, by acts in pais, 4 M. 3S2. 
 When sale by, a sale by the acre, 4 M. 332. 
 when, of mortgagor may sell land decreed to be sold to pay mortgage, 4 
 
 M. 332. 
 when, may assign bonds for purchase money to distributees, 4 M. 360. 
 directed to invest money in stock should do so in his own nam6 as, 5 M. 
 
 223. 
 selling land under power not bound to convey with general warranty, 5 
 
 M. 295. 
 what powers vested in, by will in this case, 6 M. 374. 
 when deputy of sheriff who is, cannot submit suit to arbitration, 6 M. 514. 
 quxre, whether, d.b.n. can sue representative of former executor for amonnt 
 
 due estate, 3 B. 494. 
 
 54 
 
426 PERSONAL REPRESENTATIVE. 
 
 PERSONAL REPRESENTATIVE, Duties and Powers, Continued. 
 should apply surplus assets to relieve mortgaged real estate, 4 R. 397. 
 when may make a valid sale of testator's effects, 4 R. 566. 
 cannot apply assets to his own use ; purchaser knowing it liable, 6 R. 195. 
 e. t. u,. has same power to sell land as executor would have had, 6 E. 594 ; 
 
 3 L. 12. 
 selling land under a power and taking bonds to himself as guardian of de- 
 visees bound as guardian, 3 L. 12. 
 had no power to sell in widow's lifetime or widowhood, or to sell part of 
 
 land, when, 3 L. 161. 
 debt by recognizance of special bail preferred to debt by specialty, 4 L. 35. 
 should hire slaves freed by the will, in order to pay debts, 4 L. 252. 
 when, who is residuary legatee bound to pay interest on legacies, 1 G. 292. 
 justified in pursuing course of a judicious man, 2 G. 116. 
 cannot elect to hold a legacy as guardian of legatee until it is payable, 2 
 
 G. 319. 
 powers and liabilities of, under special act of assembly, 12 G. 226. 
 cannot by his promise revive debt barred by statute of limitations, 1 H. & 
 
 M. 563 ; 21 G. 365. 
 power of, over assets. May make compromises and confess judgment, 23 
 
 G. 674. 
 private sale of land by, held valid, 24 G. 97. 
 when sale by, under discretion given him by the will good though for 
 
 Confederate money, 24 G. 225. 
 sham sale by a, is void. He may buy from vendee at his sale, 24 G. 225. 
 yrhen, receiving assignment of a judgment might have it revived, 26 6. 
 
 320. 
 when sale by two of three executors good, 28 G. 442. 
 when one may receive rent though all must execute release, 28 G. 442. 
 Vhen purchaser of land by, c. t. a. at his own sale sustained in equity, 2 P. 
 
 •& H. 71. 
 when, cannot enforce a charge on land for the benefit of decedent, 2 P. & 
 
 H. 357. 
 debt held a fiduciary debt and not barred by act of limitations, 33 6. 256. ■ 
 should keep trust fund separate from his own property and apply it in due 
 
 course of administration, &c., 33 G. 463. 
 5. Eights and Liabilities: 
 not excluded from residuum of personal estate by unequal legacies, 1 W. 
 
 53, 246. 
 must pay costs if promise in assumpsit laid to him and he fail, 1 W. 138. 
 how ahd when chargeable as to paper money, 1 W. 246. 
 entitled to legacy though executorship renounced, 1 W. 246. 
 entitled to commissions though a legatee, 1 W. 246. 
 of surety on joint bond not bound in equity if principal survive, 2 W. 136. 
 who acts honestly not denied justice for failing to return accounts, 2 C. 
 
 102. 
 ■when only bound for amount actually received for a certificate, 2 C. 95. 
 liable to unknown distributees whom he does not pay, 2 C. 95. 
 
PERSONAL EEPRESENTATIVE. 427 
 
 PERSONAL EEPEESENTATIVE, Eights and Liabilities, Continued. 
 what promise by, will not bind him individually, 2 C. 258. 
 of obligor in joint bond given before act 1786, exonerated, 3 C. 268. 
 when paying debts of inferior dignity is not a devastavit, 4 C. 308. 
 when, propounding will does not pay costs in district court, 4 C. 423. 
 must take notice at his peril of judgments ngainsthis decedent, 4 C. 528 ; 
 
 4 H. & M. 57. 
 who has not notice of specialty debt, may pay or confess judgment to 
 
 simple contract creditor, 4 C. 528. 
 when devisees have not recourse on, for proceeds of tobacco sold by him, 
 
 4 C. 605. 
 liable if he distribute slaves improperly, 3 M. 29. 
 gusere, which personal representative liable in this case, 2 Rob. 102. 
 credited with fees paid counsel though more than law allowed, 2 H. & 
 
 M. 9. 
 judgment confessed by, is a bar to relief in equity on ground of want of 
 
 assets. 2 H. & M. 575. 
 what, of defendant to suit in chancery may and may not do in the suit, 3 
 
 H. & M. 47. 
 when, suing administrator of debtor can have judgment de bonis testatoris 
 
 only, 3H. & M. 123. 
 when he can have judgment de bonis propriia, 3 H. & M. 123. 
 when personally liable for debts lost, he should pay costs, 4 H. & M. 431. 
 effect of bequest of slave to child when it come of age ; as to profits in 
 
 meantime, 2 M. 321. 
 what bond must give on appeal if decree is against him partly as executor 
 
 and partly in his own right, 2 M. 341. 
 holding slaves in which decedent had life estate may be charged personally 
 
 in detinue, 2 M. 479. 
 when parol agreement by, to pay legacy out of his ovm estate good, 3 
 
 M. 59. 
 Emitting credits in inventory, charged with what he really received or 
 
 lost, 3 M. 288. 
 how debited and credited with paper money. When debts assumed by 
 • him, 3 M. 288. 
 
 when considered a trustee and liable to legatees, 4 M. 222. 
 held responsible for value of paper money in March, 1781, when, 4 M. 366. 
 how allowed for repairs and improvements in this case, 5 M. 180. 
 how charged with money directed to be invested in government securities, 
 
 5 M. 223. 
 improperly paying assets may be subjected vrithoiit resort to parties paid 
 
 by him, 2 E. 507. 
 when substituted to rights of creditors whom he has paid, 2 L. 70. 
 when, d. b. n. can recover deferred payments for personalty sold by former 
 
 administrator, 2 L. 512. " 
 
 not entitled to profits of slaves emancipated by will, 4 L; 163. 
 since act 1785, not en,titled to residuum not bequeathed, 4 L. 163. 
 what done if slaves are emancipated and estate is in debt, 4 L. 253. 
 
428 PERSONAL REPRESENTATIVE. 
 
 PEESONAL EEPEESENTATIVE, Eights and Liabilities, Continued. 
 will directing, to be handsomely paid, five per cent, allowed, 4 L. 458. 
 not entitled to commissions if he fail to return accounts, 6 L. 271. 
 when person administers on both debtor's and creditor's estates and wastes 
 
 former, his sureties are liable, 8 L. 54. 
 when payment by agent payment by, 8 L. 54. 
 when assignee of bond taken by, for debt due estate cannot avail himself 
 
 of transfer, 9 L. 119. 
 when, qualifying in England liable to legatees in Virginia, 11 L. 1. . 
 not allowed commissions on debt due from him to testator, 2 Eob. 582. 
 commissions should be on amount of credits, 2 Eob. 582. 
 not entitled to retain for debt due by simple contract against bonds, 1 Gr. 
 
 431. 
 paying distributees without notice of debts must accouut to creditors, 1 
 
 G. 431. 
 ■ when entitled to benefit of act of February, 1825, as to commissions, 1 
 
 G. 11. 
 proceedings if, buy at his own sale and it is set aside, 1 G. 4. 
 payment to guardian of legatee, a contingent legacy not yet payable does 
 
 not relieve, or his sureties, 2 G. 319. 
 assenting to sale of slave at other place than court house not liable if sale 
 
 is fair, 3 G. 109. 
 when, paying a wrongful judgment not liable, 3 G. 109. 
 appeal lies of right to superior court from order of county court revoking 
 
 power of, 3 G. 428. 
 buying estate at a sacrifice liable for it at its appraised value, 4 G. 257. 
 hiring slaves at reduced prices liable for reasonable hires, 4 G. 257. 
 when, c. i. a. may appeal without giving security, 4 G. 9. 
 what surviving partner who is, of deceased partner can retain out of sepa- 
 rate estate in his hands, 4 G. 293. 
 
 selling and purchasing slave when sale not necessary to pay debts, liable 
 
 for his hires, 5 G. 6. 
 sale by, of intestate's effects, though on credit, a conversion thereof, 6 G. 
 
 475. 
 appeal lies of right frotai judgment of county court refusing to allow ex- 
 ecutor to qualify without security, 7 G 36. 
 when executor allowed to qualify without security, when not, 7 G. 36. 
 who was partner of intestate cannot question his title to a moiety of the 
 
 partnership personal property on ground that it was bought and used 
 
 for gaming purposes, 7 G. 1. 
 when, c. t. a. enjoined from selling landbeforea^udication of case between 
 
 himself and a devisee or legatee, 7 G. 1. 
 not bound to sue an insolvent debtor, 7 G. 136. 
 not bound for debt lost by insolvency of debtor in this case, 7 G. 160. 
 what, should do if there is no one to receive a legacy, 7 G. 377. 
 when sale of bonds at a discount a devaatavit, 8 G. 140. 
 when devise to, to sell land confers only a naked power. When it vests 
 
 an interest in him, 9 G. 584. 
 
PERSONAL REPRESENTATIVE. 429 
 
 PEESONAL EEPEESENTATIVE, Eights and Liabilities, Continued. 
 
 sheriif, c. t. u. may execute a power of sale, 9 G. 584. 
 
 when not liable for failure of purchaser of land before payment of purchase 
 money, 9 G. 541. 
 
 sureties of, liable if he sells property and does not divide proceeds, 9 G 
 700.' 
 
 when not entitled to commissions on value of slaves. When allowed com- 
 missions on perishable property not sold, 10 G. 589. 
 
 what held an assent to a legacy, 11 G. 9. 
 
 assent of, to a legacy does not dispense with a refunding bond, 11 G. 724. 
 
 when, submitting to arbitration bound as for a devastavit, 11 G. 724. 
 
 when legatee can recover specific property from a, 11 G. 724. 
 
 when land in Mississippi bought by, property of estate, 11 G. 792. 
 
 when not liable for money in his hands becoming worthless by the insol- 
 vency of a bank, 11 G. 792. 
 
 co-executors selling land under the will only liable for respective receipts, 
 3 G. 109. 
 
 when one of two executors allowed all the compensation, 10 G. 589. 
 
 powers and liabilities of, under a special act of assembly, 12 G. 226. 
 
 when bound for failing to collect a good bond, 14 G. 269. 
 
 cannot take one partner as surety for another in selling testator's prop- 
 erty, 14 G. 268, 
 
 when bound for failing to transfer money in his hands in one character to 
 his hands in another, 17 G. 289. 
 
 when not liable for loss of Confederate money, 22 G. 409. 
 
 how, paying specie debt in Confederate money credited, 24 G. 97. 
 
 not liable for money confiscated by Confederate government, 22 G. 628. 
 
 what enquiries proper to ascertain liability' of, for money lost duringwar, 
 
 22 6. 628. 
 
 receiving Confederate money for ante-war debt li^ible, 22 G. 649. 
 
 when not liable for investment in Confederate bonds, 23 G. 62 ; 32 G. 262. 
 
 when liable for such investment, 25 G. 410 ; 30 G. 192. 
 
 when not liable for failure to collect debts. When may employ an agent, 
 
 23 G. 62. 
 
 when not liable for failure to invest in State bonds as will directed, 23 G. 
 
 62, 241. 
 when sureties of, not liable for administration of land, 23 G. 477, 652. 
 when must account for furniture used by him and burned, 23 G. 652. 
 when liable for receiving payment in Confederate money, when not, 24 G 
 
 97, 225 ; 25 G. 507, 692, 795 ; 30 G. 94. 
 how, failing to collect a good debt chargeable, 24 G. 377. 
 what payments by, 'in Confederate money proper, 24 G. 225. 
 when curator having paid legatees in Virginia not liable to, in New York, 
 
 25 G. 795; 
 will held not to create a trust in, and he not liable to remainderman, 26 • 
 
 G. 271. 
 liability of, when there have been several administrations on same estate, 
 
 27 G. 42. 
 
430 PERSONAL REPRESENTATIVE- 
 
 PERSONAL EEPEESENTATIVE, Eights and Liabilities, Continued. 
 
 when liable for not collecting debt. When not liable for not suing during 
 war, 27 G. 43. 
 
 must take good security for property sold. When liable for slaves sold, 
 27 Or. 382. 
 
 when if land sold for Confederate money purchaser and, both liable, 27 G. ' 
 270. 
 
 liable for money deposited in his own name, 28 G. 153. 
 
 what a discharge of lien for debt due by, to estate. What not, 28 G. 233. 
 
 when not liable for losses arising from Confederate investments, 28 G. 442. 
 
 when payment of legacy by, of executor of testator does not discharge ex- 
 ecutor's estate, 29 G. 322. 
 
 when not li'able for personalty put by testator in possession of his chil- 
 dren, 31 G. 601. 
 
 distributing estate without taking refunding bonds liable to creditors, 31 
 G. 601. \ 
 
 when sureties of, e. t. a. responsible for proceeds of land sold under thewiU, 
 2 P. & H. 71. 
 
 how estate of, subjected to debts when sureties liable for some and not for 
 others, 2 P. & H, 71. 
 
 when land of, liable in hands of purchaser from him for amount due es- 
 tate of decedent, 2 P. & H. 71. 
 
 not allowed for usurious debts of testator paid by him, 2 P. & H. 124. 
 
 qusere, was assignment by, of chases in action a devasiairit, 2 P. & H. 462. 
 
 what arrangement between creditor and principal debtor who is also ad- 
 ministrator of his surety a deoastavit, 32 G. 1. 
 
 receiving Confederate money for legacies charged on land is liable, 32 G. 
 215. 
 
 acting fairly and honestly Within scope of his power not liable for loss, 32 
 • G. 262. 
 
 when selling estate for Confederate money liable, when not, 32 G. 262. 
 
 failure to collect debt held not negligence in this case, 33 G. 251. 
 
 when not allowed for money paid to guardian of a distributee who misap- 
 propriates it, 33 G. 463. 
 
 when, having two remedies, or two sets of obligors bound for the debt, may 
 pursue both at same time, 33 6. 463. 
 6. Accounts : 
 
 how made up, 1 W. 246 ; 4 C. 605 ; 3 M. 288 ; 3 G. 109 ; 26 G, 248. 
 
 entitled to commissions though a legatee, 1 W. 246. 
 
 quit-rents allowed against, of surviving joint tenant, 2 C. 102. 
 
 not allowed commissions being a legatee. Entitled to interest on balance 
 due him by the estate, 2 C. 102. 
 
 in paper nioney times should be stated in paper money, 2 C. 190. 
 
 when allowed five per cent, commissions, 2 0. 190. 
 
 bill for, rightly dismissed in this case, 1 L. 457. 
 
 what reasonable allowances and charges, 4 H, & M. 57. 
 
 when not charged with interest, 1 M. 150 ; 6 L. 271. 
 
 settlement of, by commissioner without notice to legatees or distributees 
 improper, 2 H. & M. 10. 
 
PERSONAL REPRESENTATIVE. 431 
 
 PERSONAL EEPEESENTATIVE, Accounts, Continued. 
 
 qusere, how far ei parte settlement of, in this case valid, 2 H. & M. 245. 
 
 reported by commissioner, pnmn /acie correct, 4 H. & M. 57, 253. 
 
 how far ex parte evidence of truth of facts stated therein, 4 H. & M. 428 ; 
 
 3 M. 198, 288. 
 when unreasonable to exact vouchers for all items in, 1 M. 150. 
 any one interested may object to, and if objection overruled may appeal, 
 
 2 M. 242 ; 2 Eob. 582. 
 charged with debts from time he collected them. Not charged with losses 
 
 except for negligence, 3 M. 1 98. 
 will not be recommitted on bill to surcharge without some evidence, 4 
 
 M. 369. 
 how, selling slaves by private contract should be charged, 5 M. 180. 
 not allowed for paying a gaming debt, 5 M. 223. 
 how, settled if one of two e.xecutors who had evidences of debts due estate 
 
 die, 5 M. 223. 
 settlement after death of, vrithout notice to his executor erroneous, 6 
 
 M. 45. 
 when claim by, of gift from testator not allowed, 2 E. 507. 
 rule that party relying on account must take it altogether not applicable, 
 
 5 E. 319. 
 lapse of time no objection to bill to surcharge in this case, 3 L. 348. 
 rule as to stating and charging interest settled, 3 L. 348. 
 iow charged with interest on proceeds of land directed invested, 3 L. 407; 
 
 9 L. 484. 
 when decree maybe against sheriff's sureties without first ordering, 5 
 
 L. 13. 
 denied in this case as a stale demand, 5 L. 149; 31 G. 550. 
 ■ when account against, barred by lapse of time and neglect, 7 L. 452. 
 how stated after reasonable time allowed for payment of debts', 9 L. 48 4. 
 can retain debt due him by simple contract as against simple contract 
 
 creditor, 9 L. 571. 
 vouchers for, audited in county court must be produced before commis- 
 sioner in chancery court, 11 L. 498. 
 rules of correcting audited, on bill to surcharge, &c., 12 L. 112. 
 when decree against distributee not reversed for want of administration, 
 
 1 G. 96. ' 
 brought down to time of division of estate. How made out, 1 G. 143. 
 how made out if executor have charge of real and personal estate, 2 G. 73. 
 not keeping, held to strict accountability. Not deprived of commissions, 
 
 2 G. 116. 
 
 when estate of executor entitled to commissions though he had not settled 
 his, 3 G. 109. 
 
 when not allowed commissions, 3 G. 109 ; 4 G. 293. 
 
 when allowed commissions on proceeds of real estate, 3 G. 109. 
 
 at close of, interest is not to bear interest, 4 G. 293. 
 
 how, taking bonds for purchases made at a sale by himself charged there- 
 with, 5 G. 6. 
 
 when only charged five per cent, interest on balance due by him, 5 G. 384. 
 
432 PERSONAL REPRESENTATIVE. 
 
 PERSONAL REPRESENTATIVE, Accounts, Continued. 
 
 error apparent on face of commissioner's report corrected in appellate 
 
 court, 5 G. 384. 
 failing to account for crops, rents, &c., charged with their estimated net 
 
 value, 5 G. 384. 
 partial payments to legatees do not take demand for commissions out of 
 
 the operation of the statute of limitations, 7 G. 160. 
 credited in account of sale of land in which widow had dower, for amount 
 
 paid her for her dower, 8 G. 134, 
 how interest charged in this case, 9 G. 437. 
 when may object to overhauling his accounts except for errors on their 
 
 face, 19 G. 438. 
 when commissions should he allowed on bonds in dispute, 22 G. 649. 
 when settled as a guardian account and how sureties bound, 23 G. 652. 
 how, as to proceeds of land settled in this case, 23 G. 652. 
 commissions may be more than five per cent., 23 G. 674. 
 when proceeds of land should not be chaiged with testator's debts, 23 G. 
 
 780. 
 how interest charged when commissions are forfeited, 24 G. 377. 
 objections to, cannot be first made in appellate court, 24 G. 377. 
 may be referred to commissioner if there are errors on face, 24 6. 377. 
 when account may be explained by affidavit, 24 G. 377. 
 commissions allowed, though not settled until after the war, 25 G. 795. 
 when, is guardian of legatees, his accounts should not be blended, 25 G. 
 
 692. 
 not allowed for usurious debts of testator paid by him, 2 P. & H. 124. 
 surcharged after lapse of twenty-four years, 2 P. & H. 71. 
 not required in this case, 31 G. 550. 
 creditors may intervene by petition in suit by legatees to surcharge, 2 P. 
 
 & H. 124. 
 
 7. SUI'^S BY AND AGAINST : 
 
 sei.fa. will issue against, of a defendant in error, . 1 W, 138. 
 of appellee cannot revive suit without sci. fa., 1 W. 154 ; 3 H. & M. 501. 
 when on bill against one executor the other should be a party, 1 W, 188. 
 how judgment should be entered for damages and costs on appeal by, 1 
 
 W. 204. 
 when not bound to agree facts, 1 W. 212. 
 when action of covenant will lie against, 1 W. 306. 
 action for devastavit lies against, assenting improperly to a specific legacy, 
 
 1 W. 308. 
 improper execution of power by, cannot be objected to after verdict, 1 W. 
 
 340. 
 action of covenant as to land lies against, though not expressly bound, 2 
 
 W. 155. 
 when, if declaration suggest deeasiavit, plene adminiitravit may be plead and 
 
 proved, 2 W. 184. 
 what verdict on plea of fully administered should find, 2 W. 301. 
 may bring debt on a replevy bond payable to testator, 1 C. 243. 
 
PERSONAL EEPRESENTATIVE. 433 
 
 PEESONAL EEPEESENTATIVE, Suits by and against, Continued, 
 distringas will not lie against, of sheriff to sell property levied on by him 
 
 1 C. 295. 
 and not heirs of mortgagee of slaves should bring biU to foreclose, 1 C. 419. 
 ■when may bring covenant in his own name on an award, 1 C. 575. 
 c. t. u. must be sued as such or may plead in abatement, 2 C. 49. 
 when may file bill to assert right to freedom of persons held as slaves, 2 
 
 C. 319. 
 motion lies against, of sheriff for clerk's tickets in his hands for collection, 
 
 3 C. 220. 
 when, of deceased obligors cannot be joined in same action, 3 C. 521 ; 4 C. 
 
 130. 
 when, bringing detinue for slaves need not produce letters of administrar 
 
 tion, 3 C. 554. 
 ■ waste actually committed should be shown by verdict. 4 C. 308. 
 judgment must be obtained against, for a dernvstaxil, before suit on his bond, 
 
 1 W. 33;1C. 133 ; 4 C. 308 ; 5 C. 520; 1 M. 1; 2 M. 24; 3 M. 568. 
 
 in suit in equity against a firm, of deceased partner should be a party, 5 
 C. 158. 
 
 when sureties ofi may be sued in equity without first fixing decastavit on 
 him, 1 H. & M. 10. 
 
 when creditor has remedy at law against, he cannot sue in equity, 1 H. & 
 M. 10. 
 
 when, may file answer and have attachment discharged withotit giving se- 
 curity, 1 H. & M. 15. 
 
 when on joint appeal by legatees and, former must give security, 1 H. & 
 M. 26. , 
 
 when need not give security on obtaining injunctions, appeals, &c., 1 H. & 
 M. 15 ; 3 E. 1. 
 
 may amend plea any time before trial by pleading plene adininistravit, 1 H. 
 & M. 27. 
 
 what suflScient assignment of breach in debt on indemnifying bond to, 4 
 H. & M. 293. 
 
 decree against, for legacy which does not require bond of legatee is erro- 
 neous, 2 M. 303 ; 4 M. 77 ; 6 M. 157. 
 
 bill for administration account rightly dismissed in this case, 1 L. 457. 
 
 decree against, for balance due estate should be against him individually, 
 
 2 H. & M. 26 ; 2 M. 421 ; 3 M. 29. 
 
 what decree against, for rents received by testator, should direct, 2 M. 154. 
 when creditor may sue to establish deoasiavit or file bill for contribution, 1 
 
 W. 308 ; 5 M. 176. 
 revival of suit against committee of insane person if such person dies, 6 
 
 M. 218. 
 when should not give appeal bond as to subject touching him as such, 1 
 
 E. 393. 
 when, confessing judgments, &c., relieved in equity, 1 E. 438. 
 when in suit in chancery court may require bond &om, who has qualified 
 
 without security, 2 E. 438. 
 
 55 
 
434 PERSONAL REPRESENTATIVE. 
 
 PERSONAL EEPEESENTATIVE, Suits by and against, Oontinit^d. 
 
 d. b. n. may maintain debt on judgment obtained by the executor, 3 R. 287. 
 
 what a sufficient declaration in such case, 3 E. 287. 
 
 appointed in another State cannot sue jointly with, appointed in Va., 4 E. 
 158. 
 
 when, d. b. n. of guardian can sue on indemnifying bond given to guar- 
 dian by his ward, 2 L. 525. 
 
 what counts may be joined in assumpsit against, d. b. n., 2 L. 532. 
 
 in bill to foreclose mortgage, of mortgagor should not be a party, 2 H. & 
 M. 6. 
 
 of appellant may have sci. fa. to revive an appeal, 2 H. & M. 211. 
 
 when, c. t. a. may obtain a caveat, 2 H. & M. 370. 
 
 what, of defendant in chancery suit may and may not do, 3 H. & M. 47. 
 
 of purchaser entitled to relief in equity, if suit at law on the bond is 
 against him, 3 M. 54. 
 
 how may declare on bond executed to himself. His, may sue on it, 3 M. 
 513. 
 
 gusere, does case lie by, of person injured ^3y malfeasance of clerk of court, 4 
 M. 73, 
 
 plaintiffs in bill for residuum should be legal representatives of residuary 
 legatees, 5 M. 418. 
 
 trespass for meme profits of land recovered in ejectment lies against Gil. 
 331. 
 
 when, of husband who had survived the wife may sue wife's guardian, 3 
 E. 434. 
 
 when suit by, against legatees for contribution not sustained, 5 E. 319. 
 
 what declaration in suit against executor of an executor must state, 6 
 E. 49. 
 
 cannot go into equity to restrain legatee of slaves, for life, from taking 
 them out of the State, 2 L. 484. 
 
 can appeal without giving bond and security, 3 E. 1. 
 
 when, appealing must give bond and security, 3 E. 479. 
 
 when, d. b. n. e. t. a. may sue sureties of executrix for an account, 4 L. 458. 
 
 gussre, can North Carolina, being in Virginia, be here sued for debt of tes- 
 tator, 6 L. 299. 
 
 what pleas, of a defendant to a personal action may plead, 7 L. 325. 
 
 executor de son tort must account as other executors and cannot rely on 
 statute of limitations, 9L. 79. 
 
 d. b. n. cannot sue for assets converted by preceding, 9 L. 580. 
 
 how action brought on promise of, to pay a legacy. What judgment ren- 
 dered, 9 L. 357. 
 
 when plaintiff may recover against, for goods for decedent's widow on his 
 parol promise to pay for them, 10 L. 114. 
 
 when act of limitations begins to run if there was a void grant of admin- 
 istration and afterwards a valid one, 10 L. 93. 
 when under statute against ftaudulent devises, debt lies on bond of, 
 against his devisees, 10 L. 93. 
 
PERSONAL. REPRESENTATIVE. 435 
 
 PEESoWl REPEESENTATIVE, Suits by and against, Continued. 
 
 acting executor should not be made a party personally to bill to contest 
 will, 1 G. 18. 
 
 proceedings in suit in chancery by legatees against an executor where ex- 
 ecutor and his, die and there are several deaths and revivals of suit, 2 
 Kob. 102. 
 
 answer in name of one, not to be taken as joint answer of all, 1 M. 63. 
 
 if one of two executors take a bond to himself as executor his executor 
 may sue on it, 4 M. 71. ' 
 
 joint decree may be rendered against co-executors though one only is be- 
 fore the court, 4 M. 366. 
 
 when decree should be against estate of, who received paper money, and 
 not against the other executor, 4 M. 366. 
 
 when in suit by, d. b. n against administrator of first administrator decree 
 is irregular but not reversed, 4 G. 293. 
 
 when error to make a personal decree against, 5 G. 384. 
 
 when administrator of deceased, not necessary party to bill for an account, 
 5 G. 384. 
 
 when in suit by residuary legatees against, specific legatees should be par- 
 ties, 7 G. 160. 
 
 what established by decree in this suit by legatees against, of the heir of 
 the executor of testator, 7 G. 264. 
 
 what a devastavit; rights of various parties in this suit, 7 G. 264. 
 
 how judgment rendered in debt on note given by, for debt of testator, 7G. 
 300. 
 
 in assumpsit by, defendant cannot set off debt due him for money paid as 
 surety of intestate, since his death, 8 G. 1. 
 
 when count in assumpsit by, will not admit proof of defendant's admission 
 of receipt of money of intestate, 8 G. 1. 
 
 all sureties of, should be parties to suit by legatees for distribution, or a 
 good excuse be given, 8 G, 220. 
 
 of dead insolvent co-obligor not necessary party to suit by, of obligee 
 against personal representative of one of the obligors, 8 G. 453. 
 
 what plaintiff can demand if defendant in detinue dies and suit is revived 
 against his ; what judgment should be, 8 G. 578. 
 
 judgment against, upon bond of intestate is conclusive of validity of the 
 debt, 8, G. 453. v, 
 
 when allowed costs in suit for distribution though decree is against him, 
 3 G. 286. 
 
 when contract between subsequent purchaser and one, of vendor not en- 
 forced in equity, 9 G. 252. 
 
 what surety whose principal is dead may do to enforce payment of debt 
 and exonerate himself, 9 G. 398. 
 
 when report recommitted and bill not dismissed, 9 G. 531. 
 
 who proper parties to bill to marshal assets, or for their administration, 9 
 G. 398. 
 
 court will consolidate creditors' suits and have one account taken, 9 G. 
 398. 
 
436 • PERSONAL REPRESENTATIVE. 
 
 PERSONAL EEPEESENTATIVE, Suits by and against, Continued. 
 creditor suing, with knowledge of another creditors' suit must pay costs 
 
 9 G. 398. 
 effect of a decree for accounts in a creditor's suit. In what suit made, 9 
 
 G. 398. 
 when error of form in execution against, no defence in action for a denas- 
 
 tavit against him and his sureties, 10 G. 278. 
 when staleness of claim conclusive against it, 10 G. 300. 
 what parol evidence inadmissible in action by creditor for a devastavit, 10 
 
 G. 477. 
 when in suit between legatees another legatee a competent witness, 11 G. 9. 
 when, of assignee of bond substituted to rights of obligor against obligee's 
 
 estate, 11 G. 30. 
 may be sued on promise to p^y debt not barred by act of limitations, 11 G. 
 
 30. 
 creditor qualifying as, and exhausting personalty can have proceeds of in- 
 testate's land applied to his debt, 11 G. 95. 
 how he may proceed if land h;is been sold by county court, 11 G. 95. 
 case will not lie against, of vendor, for fraud in sale of unsound slave, 11 
 
 G. 202. 
 cannot be sued for services, or goods furnished to deceased's estate since 
 
 his death, 11 G. 300. 
 cannot be sued as such for funeral expenses of deceased, 11 G. 300. 
 when action lies against, as such for money paid for deceased person, 11 
 
 G. 300. 
 when action against, must fail. When decree against him personally, 11 
 
 G. 300. ' 
 legatee may recover from, who has assented to legacy and waived a refund- 
 ing bond, 11 G. 724. 
 proceeding under act Feb. 1835 |9 must be revived by, of plaintiff, 11 G. 1. 
 person qualifying as, in Mis.sissippi held to account in Virginia, 11 G. 792. 
 equity has j urisdiction to compel, to deliver a specific legacy, 11 G. 724. 
 what no bar to recovery of specific legacy while it is held by, 11 G. 724. 
 when may sue to have will construed. Slaves held to be free, 12 G. 117. 
 how may sue widow for testators money left in her charge, 16 G. 230. 
 when suit must abate on death of, and proceed in name of other plaintiff, 
 
 17 G. 490. 
 wheii person who is, of husband and wife may sue in both characters, 18 
 
 G. 526. 
 
 when act of limitations will protect estate from decree against the, 13 G. 
 
 329. 
 what is a personal decree against ; when erroneous, 23 G. 816. 
 how decree against, and sureties amended in appellate court, 24 G. 97. 
 when may withdraw waiver of exceptions to commissioner's report and 
 
 renew them, 25 G. G92. 
 when personal decree against, not reversed, 26 G. 652. 
 •when decree against, on judgment against her as garnishee, proper at suit 
 
 of creditor, 26 G. 652. 
 
PERSONAL REPRESENTATIVE— PETITION 437 
 FOR LAPSED LAND. 
 
 PERSONAL REPRESENTATIVE, Suits by and against, Continued. 
 of aecommodation endorser can only recover from maker amount paid by 
 
 him, 26 G. 914. 
 may bring either assumpsit or debt in his own name against maker of note, 
 
 26 G. 914. 
 when decree may be against sureties of, without first suing his heirs, 27 
 
 G. 42. 
 when may be joint against, of an executor and his sureties, 27 G. 42. 
 of obligee may sue, of obligor, 28 G. 233. 
 when there may be a personal decree against, for a legacy paid by him, 29 
 
 G. 322. 
 when there may be a decree against, and sureties in favor of distributees 
 
 without requiring a refunding bond, 30 G. 461. 
 when error to decree again.st. to pay debt out of assets, 30 G. 555. 
 when a creditor's suit is pending other creditors cannot bring a separate 
 
 suit, 30 G. 555. 
 decreed to pay legacy without a refunding bond fi:om legatee, 1 P. & H. 167. 
 creditors of testator may iuterYeue by petition in suit of devisees, <S:c., 
 
 against, 2 P. & H. 124. ' 
 when pendency of suit by creditor against, rebuts presumption of payment 
 
 as against suit of devisees, &c., 2 P. & H. 169. 
 statute of limitations appljes to suits on bond of, not to suits for balance 
 
 of estate in hand, 2 P. & H. 169. 
 when equity will direct, to deliver slaves to legatee without directing an 
 
 administration account, 2 P. & H. 207. 
 when cannot enforce a charge on land for benefit of his decedent, 2 P. & 
 
 H. 357. 
 when equity will enjoin sale of slave under a wrongful levy at instance 
 
 of, when nqt, 2 P. & H. 579. 
 when in suit against heirs court will not notice irregularity or false sug- 
 gestion in appointment of, 2 P. & H. 663. 
 account of, surcharged after twenty-four years, 2 P. & H. 71. 
 when, under Code 1873 ch. 118 ?24, d. b. n. c. t. a. may sue a curator for re- 
 ceiving payment of a debt in Confederate money, 33 G. 716. 
 PETERSBURG RAILROAD COMPANY, 
 property of, liable to taxation, 29 G. 773. 
 PETITION ; see Equity. 
 what, treated as a cross-bill, 26 G. 354. 
 proceedings for sale of infant's lands may he by, 10 G. 594, 
 PETITION FOR LAPSED LAND ; see Delinquent and Forfeited Land ; 
 
 Land. 
 if forfeiture before petition, when title saved, 1 W. 38. 
 effect of such petition and of patent by virtue of judgment thereon, 1 
 
 W. 38. 
 V lands revested in commonwealth for non-payment of quit-rents can only 
 
 be acquired by. petition, 2 R. 353. 
 
438 PLEADING. 
 
 PLEADING; see Abatement; Amendment; Answer; Billin Equity; Bill of 
 Disemery ; BUlof Beview; Criminal Jurisdiction andr Proceedings ; Decla- 
 ration; Demurrer; Demurrer to Evidence; Equity ; Issue; Parties; Re- 
 pleader; Replication; Trial; Variance. 
 
 1. At Law. 
 
 2. In Criminal Cases. 
 1. At Law: 
 
 what a good plea of tender and refusal, 1 W. 26. 
 
 notice of set-off not the practice in Virginia, 1 W. 42. 
 
 what plea of act of limitations must contain, 1 "W. 135. 
 
 admission of improper plea is error whether plaintiff injured or not, 9 6. 
 485. " 
 
 leave to file additional plea presenting same issue refused, 19 G. 1. 
 
 plea concluding " and this, &c.," bad, but may be amended, 1 W. 313. 
 
 omission of similiter is cured by verdict, 1 W. 363 ; 2 W. 71. 
 
 if one party allowed to amend the other can plead de novo, 1 W. 365. 
 
 when plea of one partner binds both, 1 "W. 372. 
 
 if plea does not disclose all the partners, judgment goes against those plead- 
 ing, 1 W. 372. 
 
 informalitjr in joining issues cured by verdict, 2 W. 1. 
 
 in debt on bill of exchange profert is not necessary, 2 W. 143. 
 
 what, after verdict, a plea of " conditions performed," 2 W. 143. 
 
 improper plea never received to set aside an office judgment, 1 C. 257. 
 
 what pleadings in a suit on an administration bond should state, 1 C. 345. 
 
 when plea of" conditions performed " equivalent to plea of payment, 1 C. 
 567. 
 
 defendant cannot object to error in, if for his benefit, 1 C. 567. 
 
 if defendant after leave given does not amend plea, issue on former plea 
 should be tried, 2 C. 1. 
 
 if declaration withdrawn and new one filed by consent, plea will stand as 
 to second declaration, 2 C. 22. 
 
 when plea puis darrein continuance may be pleaded after office judgment, 2 
 
 C. 49. 
 , ple^ of tender of paper money bad, when, 2 C. 277 
 
 accord and satisfaction must be pleaded, 3 C. 234. 
 
 want of plea fatal though jury was sworn to try the issue, 4 C. 130. 
 
 after plea of payment defendant can object to variance between declara- 
 tion and note, 4 C. 224. 
 
 plea^f payment amounts to the general issue, 4 C. 371. 
 
 when court may reject plea and give leave to plead the general issue, 4 C. 
 485. 
 
 upon plea of payment defendant may show bond was paid by one not an 
 obligor, 5 C. 449. 
 
 declaration in suit for freedom held sufficient, and defendant could not ob- 
 ject to issue, 6 0. 18. 
 
 when a covenant may be pleaded as a release, 6 C. 308. 
 
 personal representative may jplead plene administramit any time before trial, 
 1H.&M.27. 
 
PLEADING. 439 
 
 PLEADING, At Law, Continued 
 
 judgment reversed for error as to parties though there was no plea in 
 abatement, 1 H. & M. 61. 
 
 plea of " not guilty " to an action of covenant is cured by verdict, 1 H. & 
 M, 153. 
 
 how defendant wishing to avail himself of a release of errors should pro- 
 ceed, 2 H. & M. 268. 
 
 when writ of enquiry cannot be executed in General or District Court, 2 
 H. & M. 446. 
 
 appearance and pleading to the action cures all errors in process, 3 H. & 
 M. 309. 
 
 plea need only set forth so much of the will as relates to point in question, 
 4 H. & M. 23. 
 
 plea to jurisdiction of superior court of chancery that a, suit is pending 
 in inferior court for same matter is proper, 4 H. & M. 487. 
 
 when too late to object to jurisdiction on account of non-residence of de- 
 fendant, 2 M. 240. 
 
 when writ part of record for purpose of amendment only, 2 M. 297. 
 
 what motions too late after issue joined on plea to the action, 2 M. 297. 
 
 when personal representative must plead specially a deed, 3 M. 8. 
 
 when plea of variance between amended declaration and writ improper, 3 
 M. 159. 
 
 pleas held insufficient on demurrer, 3 M. 159. 
 
 pleas in this case held good, 6 K. 529. 
 
 plea not issuable. Pleas properly rejected, 1 L. 473. 
 
 plea in bar to debt on a judgment of another State, 6 L. 570. 
 
 when plea need not conclude with a verification by the record, 7 L. 68. 
 
 when pleas rejected are not part of the record, 9 L. 347. ' 
 
 when defendant presumed to have acquiesced in rejection of his pleas, 9 
 L. 347. 
 
 proceeding not reversed because of improper plea, when, 9 L. 12. 
 
 what not a departure in, 2 G. 219. 
 
 what special plea need not show in suit against constable for taking plain- 
 tifPs property, 2 G. 363. 
 
 when demurrer to declaration not sustained but defendant left to his plea 
 of "no award," 8 G. 79. 
 
 when account must be filed with plea of payment or set off, when not, 8 
 G. 557. 
 
 when defendant can amend, an& plead a custom specially, 5 G. 24. 
 
 what plea act 1831 does not authorize in suit on bond for purchase money 
 of land, 7 G 297. 
 
 what special plea may allege in suit on bond for price of a slave, 7 G. 310. 
 
 plea answering only part of action is bad, 8 G. 578. 
 
 plea of non damnijkalus should go to right of action. When good, 8 G. 539. 
 
 such plea equivalent to "conditions performed." When admitted at sub- 
 sequent term, 8 G. 539. 
 
 what plea in abatement of a former action must aver, 9 G. 622. 
 
 when additional pleas of set off allowed, 9 G. 649. 
 
440 PLEADING. 
 
 PLEADING, At Law, Continued. 
 duplicity in a plea can only be objected to by special demurrer, IfrGr. 255. 
 what a good plea as to unsoundness of articles bought, 10 G. 255. 
 when plaintiff allowed to reply facts to plea of "no award," 8 G. 79. 
 defendant agreeing facts and to entering of judgment waives his demur- 
 rer, 9 G. 89. 
 pleas should be rejected if only object is delay, 1 L. 473 ; 26 G. 604. 
 when appellate court cannot say special plea was improperly received, 8 
 
 L. 532. , 
 what may be specially pleaded though admissible under the general issue, 
 
 8 L. 532, 
 what plea in bar no bar to a sei.fa., 11 G. 190. 
 what plea a good defence in suit by unchartered banking pompany, 12 G. 
 
 28. 
 plea which presents an immaterial issue may be rejected or stricken out, 
 
 14 G. 24. 
 special plea amounting to general issue should be rejected, 14 G. 447. 
 when order striking out plea correct, 17 G. 47. 
 
 how variance between declaration and note taken advantage of, 14 G. 1. 
 what irregularities in reviving caveat cured by verdict, 12 G. 670. 
 what not a good special plea of equitable defence, or non est jaetum, 23 G. 
 
 737. ^ 
 
 as to pleas in cases of equitable defences, 24 G. 42. 
 
 if defendant plead several matters in one plea plaintiff may reply gener- 
 ally, 24 G. 138. 
 rights of party filing plea under the statute of breach of warranty in sale 
 
 of an animal, 26 G. 283. 
 as to pleas of payment, 26 G. 314, 320. 
 as to pleading on a policy of insurance, 26 G. 8.54. 
 what a good plea in abatement, 27 G. 259. 
 what not a good plea in debt on a note, 27 G. 749. 
 what treated as a suit by committee of a lunatic, 28 G. 365. 
 when court may ;refuse to allow special pleas to be filed, 30 G. 805 ; 31 G- 
 
 348. 
 qaxre, can statute of limitations be relied on without being specially 
 
 pleaded, 2 P. & H. 547. 
 what plea in abatement to jurisdiction because defendant did not reside, 
 
 nor cause of action arise, in county must show, 2 P. & H. 529. 
 plea of statute of limitations to new promise to pay debt discharged in 
 
 bankruptcy bad, 2 P. & H. 616. 
 when judgment reversed because rejection of plea prevented defendant 
 
 from offering certain evidence under the general issue, 2 P. & H. 203. 
 when party may interplead and set up title to property levied on under 
 
 an execution, 32 G. 695. 
 what return on a rule to plead in ejectment sufficient, 33 G. 180. 
 in action for damages for an assault, 33 G. 136. 
 in action by a father for the seduction of his daughter, 33 G. 722. 
 
PLEADING— POSSESSION. 441 
 
 PLEADING, Continued. 
 2. In Ceiminal Casks : 
 
 whea failure to state in indictment that company is an insurance company 
 
 cured by verdict, 13 G. 767. 
 objection as to mode of selecting and summoning jury cured by verdict, 
 
 when, 15 G. 634, 
 what indictment for larceny good after verdict, 17 G. 576. 
 rejected plea not part of the record unless made so by bUl of exceptions or 
 
 order, 6 G. 673. 
 when too late to plead in abatement because of irregularities before exam- 
 ining justice, 8 G. 606. 
 what surplusage in an indictment for murder. What need not be set out 
 
 in it, 10 G. 708. 
 defects of form may be taken advantage of by general or special demurrer, 
 
 10 G. 70S. 
 what indictment for murder with two counts good, 10 G. 708. 
 setting out dates in an indictment in figures is no en-or, 10 G. 708, 776. 
 what surplusage in prosecution for uttering a forged note, 10 G. 776. 
 when plea in prosecution for a niisdemeanor tendered too late, 10 G. 749. 
 what plea to presentment for gelling liquor without a license immaterial, 
 
 10 G. 749. , '■ 
 
 what surplusage in such presentment, 10 G. 749. 
 upon plea of " not guilty " prisoner may set up defence of insanity at time 
 
 of assault made, 33 G. 807. 
 PLEADING IN EQUITY ; see Equity. 
 PLEDGE ; see Bailment ; Pawn. 
 when money in sheriff's hands as a, not liable to fieri facias against pledgor, 
 
 2 H. & il. 89. 
 a pledge of property as the only security for its purchase money is bind- 
 ing, 5 M. 507. 
 POSSESSION, 
 what sufficient findiug of, to give title, 1 W. 34. 
 person may buy rights of others in land if he is in, 1 W. 38. 
 of mortgagee, when in lieu of interest, 1 W. 125. 
 parol gift of slaves good after five years, when, 3 C. 85. 
 though bargainor remain in, after conveyance bargainee can convey the 
 
 land, S'C. 362. 
 in ejectment person cannot object to his own, for twenty years against his 
 
 own deed given within that time, 3 C. 362. 
 what evidence sufficient in detinue to prove, 1 H. & M. 54. 
 what fiduciary, sufficient to prevent length of time from barring claim, 4 
 
 H. & M. 139. 
 what, of slave by infant child good against creditors of father, 4 H. & M. 
 
 151. 
 patentee need not make personal entry to maintain ejectment. Patent 
 
 confers seisin, 1 M. 162. 
 when bargainee of party out of, cannot recover in ejectment, 1 M. 162. 
 
 56 
 
442 POSSESSION. 
 
 POSSESSION, Continued. 
 
 if it is uncertain whether defendant had twenty years' possession, exclu- 
 sive of five years and one hundred and seventy-four days, new trial 
 awarded, 1 M. 454, 
 
 if, has gone according to deed thirty years old, deed requires no proof, 2 
 M. 129. 
 
 warrant cannot be laid on land as waste which is in, of party holding 
 under a patent, 2 M. 257. 
 
 when possession of slave loaned makes loanee absolute owner against 
 creditors, 2 M. 543. 
 
 absolute bill of sale of slaves by executor retaining, fraudulent as to lega- 
 tees, creditors, &c., 3 M. 1. 
 
 when, of slave by mother of infant considered, of the infant, 3 M. 122. 
 
 in trespass not necessary to charge that goods were taken out of plaintiff's 
 possession, 4 M. 251. 
 
 when deed of slave by husband retaining, not good against creditors, 4 M. 
 313. , 
 
 when, of slaves not considered adverse unless proved so, 4 M. 145. 
 
 of mortgagor by mortgagee's permission ip, of mortgagee, 4 M. 382. 
 
 after covenant to stand seised grantor cannot by deed to third person 
 change his, to possession adverse to grantee, 4 M. 473. 
 
 ■from what statement in bill of exceptions, presumed to have been adverse, 
 SM. 7. 
 
 when judgment rendered for defendant who had adverse, though nature of 
 his title does not appear, 5 M. 7. 
 
 bill of sale of slaves by grantor retaining, good between parties, 5 M. 28. 
 
 five years, possession of slaves vests title in loanee which is not divested 
 by returning them to lender, 5 M. 101. 
 
 when /en facias against estate of testator cannot be levied on slaves in, of 
 legatees, 5 M. 175. 
 
 Mhen jury may presume, 5 M. 346. 
 
 when agent selling slave which remained in grantor's, not liable to trustee 
 or creditors, 5 M. 435. 
 
 when deed of land from person not in, passes nothing, 6 M. 38. 
 
 when husband suing for slaves as administrator of wife not barred by for- 
 mer suit against him to which she was not a party, 6 M. 64. 
 
 when person in, of slaves freed may prove his, adverse to owner, 6 M. 191. 
 
 when deed of emancipation of slaves by person out of, of no effect, 6 M. 191. 
 
 when heirs of patentee may recover in ejectment against one in adverse 
 possession less than twenty years, 6 M. 303. 
 
 in such case bargainee of heirs out of, could not recover, 6 M. 303. 
 
 of slaves during plaintiffs infancy gives no title to defendant until five 
 years after infancy ceased, 6 M. 352. 
 
 what bequest of slaves not sufficient evidence of actual, by cestui que trmt, 
 
 6 M. 352. 
 when neither mortgagor nor his assignee can hold, adverse to mortgagee, 2 
 
 E.93. 
 
POSSESSION. 443 
 
 POSSESSION, Continued. 
 
 person claiming right from long enjoyment of stream must prove adverse, 
 for more than twenty years, 5 E. 58. 
 
 ■when equitahle title to land barred by adverse, for more than twenty 
 years, 5 L. 381. 
 
 necessary to enable commonwealth to maintain information for intrusion 
 on her land, 6 L. 588. 
 
 what, only presumptive evidence of right, 7 L. 546. 
 
 lender must hold chattels five years from their return to revest title as 
 against loanee's creditors, 8 L. 80. 
 
 qnxre, whether, as between parent and child loan or gift presumed from, 
 by child, 9 L. 245. 
 
 effect of long, of chattels by voluntary donee discussed, 11 L. 136. 
 
 quaere, as to effect of entry under elder grant on adversary, of junior pat- 
 entee, 1 &. 165. 
 
 what necessary to constitute an adversary, of land, 1 G. 211. 
 
 _what, by one coparcener or tenant in common is adverse against the rest, 
 
 4 G. 16. I 
 
 what warrants presumption of disseisin or ouster by parcener against co- 
 parcener, 4 G. 16. 
 
 what special verdict in writ of right between coparceners or tenants in 
 common must show, the defence being the statute of limitations, 4 G. 16. 
 
 there can be no adversary, .agaiust the commonwealth, 5 G. 110. 
 
 it is immaterial whether under claim of title adversary, be under a title 
 good, bad, legal or equitable, 5 G. 110. 
 
 temporary, of land by cutting timber thereon not such, as will give title, 
 
 5 G. 141 ; 10 G. 386. 
 
 when, from time of sale by commissioners to decree confirming sale not ad- 
 versary, 6 G. 107. 
 
 when, of grantor in trust deed and of his assignee not adversary, against 
 purchaser from trustee, 10 G. 231. 
 
 when, for twenty years under parol gift not adversary, 10 G. 305. 
 
 what, necessary to give title. What not adversary. Principles of adver- 
 sary, fully set forth, 10 G. 305. 
 
 junior patentee held to have adversary, in this case of land in bounds of 
 his patent, 10 G. 386 
 
 after forfeiture of land, adverse to o\frner cannot run against common- 
 wealth, 10 G. 400, 405. 
 
 entry under defective deed of sheriff for land sold for taxes adversary, 
 when, 10 G. 421. 
 
 of land claiming adversely does not prevent operation of deed by commis- 
 sioner of delinq[nent lands, 10 G. 445. 
 
 what, of slave by grantor not adversary, against grantee, 10 G. 184. 
 
 in vrrit of right tenant may show, anterior to his patent but not before 
 the senior grant, 11 G. 420. 
 
 what necessary to protect tenant claiming under patent issued on an inclu- 
 • sive survey, 11 G. 420. 
 
444 POSSESSION— POWEE. 
 
 POSSESSION, Continued, 
 ■when patented lands in a state of nature not susceptiWe-of adversary, 11 
 
 G. 420. 
 what entry on land in, of another necessary to give adversary, 11 Q. 587. 
 junior patentee held to have adverse, when. Mistake as to boundaries 
 
 immaterial, 11 G. 587. 
 what necessary to sustain defence of adversary, against party claiming 
 
 under a patent, 22 G. 378. 
 what not adversary, of land within interlock, 22 Gr. 378. 
 when purchaser from owner of defeasible fee could not hold adversary, 22 
 
 G. 224. 
 what may be proved to rebut presumption arising from, of land, 24 G. 74. 
 what possession amounts to, what not, 25 G. 137. 
 what held to be adversary, and ripened into a good title, 28 G. 383. 
 what is adversary, of lots covered with water, 27 G. 430. 
 what, by one heir under a lost will adversary, as to the others, 11 G. 505. 
 what necessary to constitute adverse, of wild and uncultivated lands, 22 
 
 6. 378 ; 32 G. 27. 
 conveyance of land presumed after long continued, when, 33 G. 429. 
 POST OFFICE, 
 what does not authorize debtor to send money through the, 3 G. 250. 
 liability of mail contractor lor injury occasioned by his agent's negligence, 
 
 17 G. 230. 
 
 POWEE ; see Agent ; Attorney at Law ; Ailmney in Fact ; Guardian ; Per- 
 sonal Representative ; Trustee ; Will. 
 
 purchaser of land from executor bound to look for his, to sell, 2 W. 68. 
 
 to sell in a will gives a fee simple, 1 C. 7. 
 
 effect of, given executor to convey land sold in testator's lifetime, 1 C.429. 
 
 when, of court of chancery over an appeal ceases, 2 C. 198. 
 
 when a parol gift of a slave is a good execution of a, 2 C. 520. 
 
 estate which is not distributed in execution of a, remains as part of resi- 
 duary estate, 2 C. 520. 
 
 what devise gives trustee power to make appointments, 4 C. 477. , 
 
 given executors to seL. land, sale by one is void, 5 C. 248, 407. 
 
 when given ofiacer must be strictly pursued, 1 M. 419 ; 4 E. 585. 
 
 when conveyance by one executor under a, to three sustained in equity, 2 
 M. 129. 
 
 by what law, given executors to convey by will of testator who died before 
 January 1, 1787, construed, 3 M. 345. 
 
 to widow to dispose of slaves among children, construed, 6 M. 352. 
 
 to executors to divide estate from time to time and to sell lands, construed, 
 6M. 374. 
 
 principal held bound under power of attorney to draw checks in this 
 case, 6 M. 428. 
 
 what clause in deed does not give, to trustee to invest in U. S. 6 per 
 centum stock, 6 M. 447. 
 
 what a void execution of a, to dispose of property among certain persons, 
 Gil. 27. ~ « 
 
POWER. 445 
 
 POWEE, Continued. 
 
 ^ when, improperly executed and equity corrects it, equality is the rule, 
 Gil. 27. 
 
 to sell lands given collector of taxes by act of Congress of 1798, what 
 necessary under, 1 L 231. 
 
 testator considered intestate as to personalty not appointed under, 2 L. 642. 
 
 what not sufficient to divest title of owner of laud sold by sheriff for 
 taxes, 2 L. 329. 
 
 to sell after wife's death, widow renouncing will, construed, 3 L. 161. , 
 
 wife held to take absolute property in money and not mere power to dis- 
 pose of it, 3L.348. 
 
 of feme covert to dispose of real estate settled to her separate use, 9 L. 200. 
 
 what ajoint, to two to use name as endorser, 1 G. 226. 
 
 of attorney to endorse, construed. 1 G. 234. 
 
 under marriage settlement, construed, 2 G. 439. 
 
 when presumption arises that party was authorized to act under, 3 G. 278. 
 
 on what acknowledgment power of attorney may be admitted to record, 5 
 G 110. 
 
 deed of husband and wife executed under a power of attorney void as to 
 wife, 5 G. 110. 
 
 effect of deed of collector under act of Congress of 1815, 5 G. 120. 
 
 effect of decree directing sale of land by marshal and recitals in his deed 
 as evidence of his, 5 G. 168. 
 
 when under marriage settlement wife has, of feme sole, 5 G. 345. 
 
 when deed of wife destroys her power o^ appointment over land, though 
 she is not privily exapiiued, 5 G. 374. > 
 
 as to, of commissioner for sale of delinquent land, 9 G. 194. 
 
 of executors and administrators under devise to sell land. 9 G. 584. 
 
 when power of attorney and deed of trust construed as one instrument, 10 
 G. 513. 
 
 of wife under will in this case, 11 G. 454. 
 
 a power of attorney to confess a judgment may be executed before the ac- 
 tion is brought, 16 G. 363. 
 
 bona fide purchaser not liable for failure of executors to account for pur- 
 chase money, 13 G. 587. 
 
 what a proper execution of a, of appointment by a married woman, 14 G. 96. 
 
 what power of attorney purporting to be given under a power of attorney, 
 bad, 15 G. 202. 
 
 when power to executors may be executed by one of them, 15 G. 11. 
 
 purchaser not affected by manner in which executors exercised discretion- 
 ary power 15 G. 11. 
 
 what power of appointment in this case authorizes, 18 G. 541. 
 
 duties of life tenant with power of appointment, 18 G. 541. 
 
 case in which executor had no right to sell under, 21 G. 60. 
 
 when will of wife made in lifetime of husband a valid execution of a, 22 
 G. 21. 
 
 party dealing with corporation or an agent must take notice as to its, 27 
 G. 119. 
 
446 POWER— PRESENTMENT. 
 
 POWER, Continued. 
 principal not bound when agent exceeds his, 27 G. 119. 
 of appointment under this will improperly executed and appointment void, 
 33 G. 51. 
 PKACTICE AT LAW ; see Abatement ; Action; Ad Quod Damnum ; Appeal ; 
 Appeal Bond; Appellate Court ; Attachment; Bail; Bond; Bill of Excep- 
 tion; Case Agreed; Caveat; Commissioner in Chancery; Consent of Par- 
 , ties; Continuance; Consolidation of Causes; Corporation; Cowrt; Decla- 
 ration ; Defendant; Demurrer; Demurrer to Evidence ; Deposition; Eject- 
 ment; Evidence; Execution; Injunction; Insurance; Instruction; Inter- 
 pleader; Interrogatories ; Issue; Jeofails; Judgment; Jurisdiction; Jury ; 
 Motion; New Trial; Notice; Office Judgment; Parties; Pleading; Pro- 
 cess ; Promissory Note ; Bailroad Company ; Bemoval of Causes ; Re- 
 traxit ; Revivor; Rules; Scire Facias ; Sheriff ; Supersedeas ; Trial; Un- 
 lawful Entry and Detainer ; Usury ; Variance ; Verdict ; Waiver ; War- 
 ranty ; Will; Witness. 
 PKACTICE IN CHANCERY ; see Absent Defendant ; Answer ; Arbitration ; 
 Attachment ; Bill in Equity ; Bill of Discovery ; Bill of Review ; Commis- 
 sioner in Chancery ; Consolidation of Causes ; Corporation ; Debt ; Debtor 
 and Creditor; Decree; Deed; Defendant; Demurrer; Deposition; 
 Equity; Evidence; Exceptions; Guardian; Husband and Wife; Injunc- 
 tion; Insolvent; Interpleader ; Issue out of Chancery; Judgment; Ju- 
 risdiction ; Land ; Legacy ; Legatee ; Lien ; Mistake ; New Trial ; Notice ; 
 Parties; Partition; Personal Representative ; Petition ; Purchaser ; Re- 
 ceiver ; Rehearing ; Revivor; Sale; Specific Performance; Trust; Tried; 
 Usury ; Vendor and Vendee ; Verdict ; Waiver. 
 PRACTICE IN CRIMINAL CASES ; see Criminal Jurisdiction and Pro- 
 ceedings. 
 PRECEDENT, 
 construction of a statute long acqviieseed in ought not to be disturbed, 4 
 
 C. 109. 
 how far adjudged case safely relied on as a, 6 M. 87. 
 • PRE-EMPTION. 
 
 act of 1779 construed, 3 W. 43 ; see Wy. 51, 150. 
 case of, under a survey and patent, 3 C. 417. 
 difference between, and a right of settlement, 4 C. 196. 
 priority of claim to land by settlement denied, Wy. 51, 145, 150. 
 PRESCRIPTION. 
 
 when there can be no right by, to an easement in an adjoining lot, 23 G. 1. 
 PRESENTMENT ; see Indictment ; Information. 
 proof of gaming at one place will not support, for gaming at another, 2 V. 
 
 C. 18. 
 tavern keeper may be tried on, for allowing gaming without an informa- 
 tion, 2 V. C. 19. 
 what objection to, too late after verdict, 2 V. C. 76, 333. 
 when, part of minutes of court, 2 V, C. 160. 
 . when after, court may issue summons or capias, 2 V. C. 200. 
 
PKESENTMENT— PEESUMPTION. i 447 
 
 PRESENTMENT, Continued. 
 
 how court must proceed upon a, for offence whose penalty does not exceed 
 $20, 2 L. 721. 
 
 what process on, for unlawfal gaming, good, 3 L. 743. 
 
 on, against infant for misdemeanor he can defend in person or by attorney, 
 not by guardian, 3 L. 743. 
 
 judgment on, and information for breach of law respecting merchants' li- 
 cense, 9 L. 666, 
 
 need not appear on record book in extenso, 4 G. 545. 
 
 for gaming held not bad for duplicity, 4 G. 545. 
 
 quiere, can defendant move to quash, after information filed on it, 5 G. 697. 
 
 when motion to quash, for a misdemeanor overruled, 7 G. 631. 
 
 for a misdemeanor is the commencement of a prosecution, 7 G. 631. 
 
 is a good foundation for an information, when, 7 G. 631 ; 13 G. 785. 
 
 what surplusage in, for selling liquor without a license, 10 G. 749. 
 
 mode of stating time of offence in, does not vitiate it, 19 G. 813. 
 
 for playing cards " at or near " a place is bad for uncertainty, 13 G. 785. 
 
 for gaming, not setting out offence against statute, quashed, 14 G. 648. 
 PRESUMPTION ; see Laches ; Lapse of Time. 
 
 as to a right which is unasserted for a long time, 1 W. 180. 
 
 of payment of judgment, how defeated, 1 W. 196. 
 
 commission to take privy examination presumed to be properly issued, 2 
 W. 156. 
 
 what facts presumed on a demurrer to evidence, 2 W. 203. 
 
 when court will presume that evidence was produced showing payment, 
 1 C. 28. 
 
 nothing presumed after verdict excep|i what must have been necessarily 
 proved, 1 C. 83. 
 
 auditor's warrant on treasurer presumed to be paid until shown not paid, 
 
 3 C. 6. 
 
 bond twenty years old is presumed to have been paid, 3 C. 329 ; 29 6. 605. 
 when reasons of lower court are presumed to be satisfactory, 3 C. 382. 
 after judgment on a motion court presumes all necessary things proven, 
 
 4 C. 357. 
 
 is that public officer has done his duty, until contrary is shown, 6 C. 44. 
 
 when if with count on a bill of exchange there are money counts presump- 
 tion is that latter are proved, 5 C. 358. 
 
 when parol evidence admissible for jury to presume against a deed that 
 there was a relinquishment or a reconveyance, 1 H. & M. 54. 
 
 what allegations in a bill of exceptions not presumed true without proof 
 of them in record, 1 H. & M. 72. 
 
 when all presumed to have been regular and right at the trial, 1 H. & 
 M. 72. 
 
 when a patent may be presumed to have formerly issued, 2 H. & M. 370. 
 
 when court will presume an obligor not named in declaration to be dead, 
 2H. &M. 459. 
 
 when court will presume a lost writ good, and that a replication was filed 
 in writing, 3 H. & M. 309. 
 
448 PRESUMPTION. 
 
 PRESUMPTION, Continued. 
 when it is presumed that act of limitations was rebutted by evidence, 4 
 
 I-I. & M. 200. 
 fraud may be presumed in equity from strong circumstances, 1 M. 557. 
 no material fact pot founrf expressly or by evident implication in a special 
 
 vferdict can be presumed, 2 M. 283. 
 lapse of time does not defeat right in equity if presumption raised by it is' 
 
 rebutted, 4 M. 332. 
 debt of sheriff for cldrk's tickets in his hands presumed to be paid, when, 
 
 4 M. 428. 
 when possession by lessor of plaintiff in ejectment presumed, 5 M. 346. 
 when fact that master of slaves took oath required by law presumed, 6 
 
 M. 159. 
 when promissory note presumed paid, 6 M. 532. 
 long acquiescence in settlement of estate a bar in equity to investigation 
 
 of its propriety, 3 B. 117. 
 long acquiescence in settlement of accounts a bar to a future settlement, 3 
 
 E. 549. 
 uninterrupted possession of land for twenty-seven years not sufficient 
 
 ground for presuming a grant, 3 R. 563. 
 what not a, of payment of claim of Revolutionary ofBlcers, 1 L. 525. 
 lapse of time held to bar motion against sheriff for poor rates collected by 
 
 him, 2 L. 580. . 
 when payment of a legacy by an executor not presumed, 3 L. 348. 
 arising from receipt of constable for a claim or execution, 3 G. 286. 
 when, amounting to full proof ai-ises, that party was authorized to execute 
 
 a deed, 3 G. 278. 
 when conveyance to defendant inconsistent with his answer not presumed, 
 
 10 G. 184. I 
 
 when court will presume wife of intestate is dead, 9 G. 531. 
 of payment repelled by showing judgment was enjoined, 12 G. 579. 
 when, of payment did not arise or was repelled as between creditor and 
 
 purchaser, 14 G. 60. 
 when conveyance of title not presumed, 14 G. 60. 
 when conveyance of title will be presumed, 14 G. 489. 
 when grant presumed, 17 G. 312. 
 doctrine of, cannot be applied to customs, 15 G. 457. 
 when master of vessel presumed to have done his legal duty, 17 G. 115. 
 as to priority of orders for payment of money, 18 G. 53. 
 when, is that sureties delivered bond unconditionally, 18 G. 801. 
 as to kind of currency note is to be paid in, 21 G. 722. 
 when appellate court will presume jury was discharged for sufficient cause, 
 
 7 G. 662. 
 how, of title from length of possession rebutted, 24 G. 74. 
 as to, arising on bond made in 1863, 24 G. 116 ; 28 G. 8a0> 
 when foreign court presumed to have had jurisdiction, 24 G. 42. 
 when execution has been placed in hands of sheriff, 24 G. 138. 
 conveyance of land presumed after long continued possession, 33 G. 429. 
 
PEESUMPTION— PKISON BOUNDS. 449 
 
 PRESUMPTION, Continued, 
 a, deed is presumed to have been delivered at its date, 33 G. 497. 
 remedy on a mortgage is not affected by lapse of time short of that suffi- 
 cient to cause presumption of payment, 33 G. 617. 
 PEETENSED TITLES, 
 act to prevent the buying of, construed, 1 W. 38. 
 
 act concerning, imposes a penalty but does not avoid conveyance, 8 0.475. 
 doctrine of, examined, 2 E. 206. 
 statute against buying and selling, does not forbid sale and purchase of 
 
 equitable rights in land, 1 L. 231 ; 7 L. 720. 
 what not affected by the act respecting, 8 L. 158 ; 11 L. 384. 
 PEETEEMITTED CHILD, 
 to what entitled in this case. Doctrine of iotchpot held not to apply, 1 
 P. & H. 353. 
 PEINCIPAL AND ACCESSARIES ; see Accessary. 
 PRINCIPAL AND AOENT; see Agent. 
 PEINCIPAL AND SURETY; see Sureties. 
 
 PEIOEITY OF DEBTS; see Debtor and Creditor ; Judgment; Lien,; Trust. 
 in administration of an estate under Code of 1873, ch. 26, §25, 31 Gr. 114. 
 judgment confessed on first day of term and one confirmed on last day of 
 
 same term, stand of same date, 31 G. 580. 
 debt of a trustee for persons under disabilities is a fiduciary debt, and 
 ranks as such in administration of his estate, 33 G. 256. 
 PRISON. ' 
 
 what insufficient, J. 49. 
 as to fees, J. 59, 
 PRISON BOUNDS, 
 what after verdict is substantially a plea of " conditions performed " in 
 
 suit on a, bond, 2 W. 143. 
 after sheriff has taken from debtor a, bond he cannot allow or prevent his 
 
 escape, 6 C. 54. 
 what, bond taken by sheriff of debtor in custody illegal and void, 4 H. & 
 
 M. 277. 
 debtor within prison rules is still a prisoner and should be transferred by 
 
 sheriff to his successor, 1 M. 76. 
 how bond for keeping prison rules should be taken, 1 M. 76. 
 bond may be assigned. When suit bought on it by assignee, 1 M. 76. 
 if, bond declared void plaintiff may sue sheriff, 1 M. 501. 
 bond payable to sheriff is good at common law, 1 M. 501. 
 bond held good in these cases, 5 L. 268 ; 1 Rob. 328. 
 what not required in bonds given for prison rules prior to act January 1, 
 
 1820, 1 Eob. 328. 
 when two defendants may jointly execute a, bond. Measure of damages, 
 
 9 G. 167. 
 what no defence in suit on, bond. "What sufficient recording of boundaries 
 
 of prison rules, 9 Gr. 167. 
 endorsement of sheriff's name on, bond sufficient to authorize suit by cred- 
 itor sa assignee, 9 Gr. 167. 
 
 57 
 
450 PKIVILEGE— PKOCESS. 
 
 PRIVILEGE. 
 
 member of Assembly may waive his, and let cause go to trial, 4 C. 38. , 
 
 of members of General Assembly under 1 E. C. ch. 51 \Z\, 3 G. 227. 
 
 when suitor privileged from arrest, 2 V. C. 381. 
 
 of member of General Assembly must be claimed at propertime, 5 E. 697, 
 
 vrhat deemed vraiver of, as member of General Assembly, 5 E. 697. 
 
 when claim of, as member of legislature properly overruled, 10 L. 616. 
 PEIVY TOKEN. 
 
 what an offence under act Nov, 18, 1789. "What not, 1 V. C. 146 ; 2 V. C 65. 
 
 what a public cheat indictable at common law, 2 V. C. 65. 
 
 prisoner cannot plead acquittal for forgery to indictment for obtaining 
 goods falsely, 2 V. C. 89. 
 PEIZE IN LAND LOTTERY. 
 
 what it includes, Wy. 95. 
 
 PEOCESS; see Oriminal Jurisdiction and Proceedings. 
 
 in return on, deputy sheriff should add principal's name to his own, 1 W. 
 
 159. 
 irregularly or fraudulently issued quashed in a summary way, 2 W. 50. 
 unless sheriff expressly required to act in person, deputy may execute all 
 
 kinds of, 2 W. 126. 
 appearance and pleading to the action cures all errors in the, 3 H.& M. 309. 
 when being executed on part of the 'defendants only, judgment considered 
 
 as against those only who appeared, 4 H. & M. 293. 
 sheriff liable for not executing and returning, of superior courts of chan- 
 cery, 4 H. & M. 461. 
 when on a presentment or indictment capias may issue in first instance ; 
 
 when not, 1 V. C. 155 ;• 2 V. 0. 200. 
 sheriff's return on capias should be '' not found" and not "no inhabitant," 
 
 2 V. C. 241. 
 on exigent not awarded until a pluries capias has been returned "not found," 
 
 2 V. C. 244. 
 when writ purporting to be stplwies capias wholly void, 6 G. 210. 
 what return on execution not evidence against creditor, 25 G. 211. 
 what return on, partly void and partly good, 25 G. 211. 
 day of service of, counted in thirty days before a judgment by default, 27 
 
 G. 306. 
 when, against sheriff may be served by his deputy, 27 G. 306. 
 when should ntt be directed to county where cause of action did not arise, 
 
 27 G. 259. 
 what a waiver of defective service of, 28 G. 850. 
 officer is protected from personal responsibility in execution of, when, 1 P. 
 
 & H. 289. 
 not necessary to summon infant owners in proceeding to sell their land, 10 
 
 G. 594. 
 term " residence " in sheriff's return on, synonymous with " usual place of 
 
 abode," 33 G. 180. 
 what language in venire facias not error, 33 G. 766, 807. 
 
PROCESSION— PKOMISE. 451 
 
 PROCESSION. 
 
 of land, how far bindins;, J. 86. 
 PEOFEET; see Oyer. 
 being made and oyer not craved, lost bond is admissible, 1 "W. 252. 
 in debt on a bill of exchange, is not necessary, 2 W. 143. 
 git^ere, if there be oyer but no profert whetherdefendantcandemurfora va- 
 riance, 1 C. 575. 
 fatal variance to offer bond payable to '"A," surviving partner, &c., on 
 
 declaration makingprofert of a bond payable to " A," Gil. 214. 
 ■Wheieprofert is made in declaration actual production pf the paper is in- 
 dispensable, 611.214. 
 
 PROFITS; see Bents and Profits. 
 PEOHIBITIOiSr. 
 
 awaided against justice in case of quit-rent for $10, 1 V. C. 158. 
 
 lies against justice vrho warrants on one debt split up into four, 2 V. C. 42. 
 
 county courts restrained by, from granting writs of, 5 E. 636. 
 
 when will not lie to prevent mayor of Richmond from trying case, 12 G. 17 . 
 
 mode of proceeding in, 12 G. 17. 
 
 what variance cannot be taken advantage of in, by demurrer, 15 G. 528. 
 
 proper proceeding to arrest judgment of county court for costs, 16 G. 270. 
 
 when petitioner for a, not required to file declaration in Court of Appeals, 
 20 G. 484. 
 , awarded to prevent circuit court from proceeding in appeal ftom order of 
 county court condemning land, 20 G. 484, 
 
 proper to restrain excess of jurisdiction, not to correct erronepus judg- 
 ment, 20 G. 10. 
 
 lies to order of circuit court reversing grant of license by county court to 
 sell liqnbr, 22 G. 454. 
 
 when writ of, lies. What proceedings necessary, 23 G. 51. 
 
 purposes for which, and principles on which, issues, 27 G. 329. 
 
 when circuit court not restrained by, from proceeding against supervisors, 
 27 G 329. 
 
 doctrine as to, and its use, 29 G. 705. 
 PEOMISE ; see Contract ; Statute of Frtmds. 
 
 what suflacient to sustain assumpsit, 1 W. 280. 
 
 effect of, by defendant whose property is levied on to pay balance of debt, 
 1 C. 18. 
 
 assumpsit may be brought on, of appellant to pay a debt if appeal is dis- 
 missed, 2 C. 209. 
 
 a new, to pay a store account barred by act of limitations binds debtor, 3 
 C. 514. 
 
 though in writing not enforced in equity if given without adequate con- 
 ; sideration, 2 H. & M. 124. 
 
 which is nudum pactum not included in clause in will directing debts to be 
 paid, 3 H. & M. 124. 
 
 wTien promise a collateral one and void under statute of frauds. Who not 
 competent to prove, 2 H. & M. 603. 
 
452 PROMISE— PE0MI8S0RY IfOTE. 
 
 PROMISE. Continued. 
 parol, by father to son-in-law before marriage sufficient to sustain written 
 
 agreement made after marriage, 3 H. & M. 144. 
 when marriage, not set up in equity, its effect being to disinherit issue, 1 
 
 M. 373. 
 equity of obligor must be clearly established against assignee of bond 
 
 without notice, 1 M. 533. 
 when legacy to wife no satisfaction of a, to the husband, 2 M. 413. 
 promise of father-in-law to assist in purchase of land held binding, 2 M. 
 
 413. 
 what letter sufficient memorandum of, under statute of frauds, 4 M. 77. 
 when replication of, no bar to act of limitations on scire facias to revive a 
 
 judgment, 4 M. 104. 
 plaintiff comes with bad grace into equity to enforce, induced by un- 
 founded representations, 4 M. 273. 
 what evidence sufficient to establish a, to pay a debt by account, 5 M. 24. 
 if drawer of bill promise to pay it after protest, holder need not prove 
 
 notice of protest, 6 M. 487. 
 action by transferee on a, by obligor to pay bonds which were held void, 
 
 sustained, 6 E. 86. 
 by master to Emancipate slave cannot be enforced in equity, 6 E. 173. 
 what held a, to pay, 6 L. 85. 
 to pay debt of another must be founded on a consideration ; but it need 
 
 not be expressed in the writing, 6 L. 85. 
 what, to pay not sufficient in assumpsit to take case out of statute of limi- 
 tations, 9 L. 45, 381. 
 PROMISSORY NOTE ; see Bill of Excliange ; Check. 
 when payee may fill blank in, after signature, 2 "W. 164. 
 endorsee might recover against endorser even before III and IV Ann, 2 W. 
 
 219. 
 assignee must sue maker before he can sue assignor, 1 C. 497 ; 3 C. 9. 
 declaration in assumpsit reciting, in haec verba is not sufficient, 2 C. 39, 374. 
 case in which assignee of, cannot offer it as a set-off against assignor, 3 C. 9. 
 small notes given for large note are neither payment nor merger of large 
 
 one, 3 C. 234. 
 last assignee of, cannot maintain action against remote endorser, 5 C. 16. 
 ' prior suit against maker not always necessary in order to charge endorser, 
 5 C. 61. 
 last endorser who strikes out former one and sues maker cannot charge 
 ^ former endorser, 5 C. 61. 
 
 Wank in, may be filled by plaintiff's attorney during trial, 5 C. 61. 
 when in suit by assignee against endorser former suit against maker not 
 
 evidence, 5 C. 61. 
 assignee of, must bring a sufficient suit against maker before assignor can 
 
 be charged, 5 C. 78. 
 what is due diligence by assignee of, is to be decided by the jury, 5 C. 78. 
 surviving promisor in joint, made before act of 1786, alone liable at law, 3 
 H. & M. 124. 
 
PROMISSORY NOTE. 453 
 
 PEOMISSOEY NOTE, Contmued. , 
 
 in debt on, by assignor against drawer what parol evidence admitted for 
 defendant, 4 M. 496. 
 
 declai-ation by a«sie;nee of, must state failure to pay to drawee as well as 
 to plaintiff, 4 M. 496. 
 
 writing held a, though scroll was attached, 1 M. 487 ; 4 M. 442 ; 2 L. 195. 
 
 when not necessary for an assignee of, to sue drawer in order to charge 
 endorser, 6 M. 391. 
 
 what instruction as to presumption of payment court should give in debt 
 on a, 6 M. 532. 
 
 creditor cannot tack, to mortgage or trust in exclusion of another mortgage 
 or trust, 6 M. 550. 
 
 in debt on, plaintiff need not aver or prove consideration, though defen- 
 dant may give evidence as to it, 2 L. 195. 
 
 bond given by an endorser for the debt does not discharge, if not paid, 5 
 L. 471. 
 
 presentment or demand for payment need not be proved to sustain suit 
 against drawer of, 10 L. 512. 
 
 order to pay money out of fund due drawer for work, not a negotiable in- 
 strument, 3 G. 121. 
 
 maker of, for- accommodation of payee not released by failure to protest 
 and give him notice, 3 G. 340. 
 
 in such case maker not released by failure of holder to collect before payee 
 became insolvent, 3 Gr. 340. 
 
 remedy on an account for which note is given is suspended until note is 
 dishonored, 6 G. 96. 
 
 holder of, procured by ffaud by the .payee, must prove he is hona fide 
 holder for value, 6 G. 246. 
 
 transferrer for value of, is S guarantor of its gennineiiess, not of solvency 
 of parties, 6 G. 427. 
 
 paper signed and endorsed in blank may be flUed up as a, or a negotiable 
 note ; how endorser liable, 7 G. 189. 
 
 when, is not merged in a covenant between maker and holder, 7 G. 385. 
 
 when onus is on plaintiff to prove notice of protest was mailed at proper 
 time, 9 G. 31. 
 
 act allowing three per cent, damages and interest not applicable if bill pro- 
 tested before act went into effect, 9 G. 31. 
 
 signed E. H, E. (for S. H. E.) whose note? Parol testimony admissible to 
 show, 9 G. 68. 
 
 what note negotiable note in Virginia. When demand and notice of pro- 
 test not necessary to subject maker, 9 G. 127. 
 
 when defendants cannot show partnership was dissolved before, was exe- 
 cuted, 9 G. 615. 
 
 endorser cannot without swearing to plea, deny signature or show note 
 was altered, 9 G. 622. 
 
 what protest of a foreign bill of exchange sufficient to bind endorser, 11 
 G. 260. 
 
454 , PEOMISSOEY NOTE. 
 
 I 
 
 PROMISSORY NOTE, Continued. 
 
 parol evidence that clerk was authorized to refuse acceptance of bill ad- 
 missible, when, 11 G. 260. 
 
 made in a particulai country governed by laws of that country, 11 G. 477. 
 
 of what, possession of negotiable Instrument prima facie evidence, 11 G. 
 477. 
 
 when holder must prove he gave value for, when not, 11 G-. 477. 
 
 when maker of, can recover from payee or endorser, consideration having 
 failed, 11 G. 477. 
 
 does not import a debt existing previous to its execution. Its effect, 11 G. 
 552. 
 
 what sufficient notice of protest of a bill drawn in Va. on house in Lon- 
 don, 11 G. 260. 
 
 made in another State payable in Va., governed by Va. law, 11 G. 126. 
 
 effect of endorsement of, after it is due, 14 G. 1, 
 
 what sufficient notice of protest, endorser being dead and no personal rep- 
 resentative qualified, 15 G. 501. 
 
 what proof of notice of protest to member of Congress insufficient, 16 G. 
 284. 
 
 how variance between declaration and, taken advantage of "What not 
 a variance, 14 G. 1. 
 
 what a sufficient averment of assignment of a; where considered made, 16 
 G. 126. 
 
 action may be maintained in Va. on, made in Maryland though not stamp- 
 ed under Maryland law, 17 G. 47. 
 
 when action on lost, cannot be maintained. When it can be, 21 G. 556. 
 
 how suit may be brought if, has been renewed, 21 G. 556. 
 
 when endorser of a, fraudulently put in circulation may recover from 
 maker and first endorser, 5 M. 381. 
 
 when given in evidence under act of 1812, ch. 2, §^18, 19, 20, 5 M. 490, 
 
 right of assignee of, for valuable consideration not affected by equity of 
 which he had no notice, 6 M. 316. ' 
 
 when judgment cannot be rendered on, in debt without a jury, Gil. 191. 
 
 when office judgment not confirmed against drawer and endorsers without 
 a writ of inquiry, 4 E. 152. 
 
 single bin under seal is not a; drawer and endorsers of it cannot be sued 
 jointly, 4 R. 253. 
 
 what averment immaterial in debt on, by endorsee against maker, 4 L, 114. 
 
 usage of banks in Va. in discounting notes is not usurious, 5 L. 251. 
 
 when holder of, taken as collateral security, holds it subject to equity of 
 maker, 2 G. 262. 
 
 when a check must be presented in order to charge drawer, 22 G. 739. 
 
 delivery is essential to transfer of, but may be actual or constructive, 28 
 G. 1. 
 
 what a valid sale and transfer of a, as against attaching creditors, 28 G. I. 
 
 when check a payment. When not, 28 G. 165. 
 
 effect of giving check in evidence in assumpsit, 28 G. 165. 
 
 when delivery of, to one of the makers no bar to suit on it, 29 G. 216. 
 
PROMISSORY NOTE. 455 
 
 PEOMISSORY NOTE, Continued. 
 
 what not sufficient notice of dishonor to endorser of, 29 G, 546, 588. 
 what sufficient evidence of notice of protest to endorser of, 31 G. 134. 
 if affidavit of endorsers does not deny signatures they need not be proved, 
 
 31 G. 348. 
 when stamps could be put upon, 31 G. 348. 
 what a sufficient presentation and demand of payment of, if bank out of 
 
 business, 31 G. 348. 
 how suit brought on note discounted by bank which is winding up, 31 G. 
 
 348. 
 prior endorser held incompetent witness in suit between subsequent en- 
 
 doisersj 2P. &H. 91. 
 wiat holder of, transferred to him as collateral security by person who 
 
 could not recover against maker, may recover, 3 P. & H. 203. 
 what judgment may be in debt against drawer and endorser of, upon a 
 
 demurrer to evidence by both defendants, 2 P, & H. 529. 
 when court will not infer that post office of endorser was where notice . of 
 
 protest was sent, 2 P. & H. 529. 
 still a valid security though a judgment on it by a court not having juris- 
 diction is void, 32 G. 170. 
 when payment of overdue, after assignment no defence to suit by assignee, 
 
 14 G. 1. 
 effect of payment of dishonored note by endorser, 14 G. 1. 
 what equities attach to overdue ; as to set off after transfer of overdue, 14 
 
 G. 1. 
 Code 1860, ch. 144, ?14, as to suits by assignees does not apply to nego- 
 tiable paper, 14 G. 1. 
 who holders for value of, 17 G. 47. 
 
 when payment of overdue, in Confederate money good, 19 G. 366, 
 when safe to pay overdue, in bank for collection,- 19 G. 366. 
 when city notes must be redeyned by the city of Lynchburg, 20 G 330. 
 when given by agent of Confederate government enforced against him, 24 
 
 G. 19. 
 what necessary to hold endorser of, liable to holder, 26 G. 131. 
 what insufficient excuses for failure to notify endorser of protest, 26 G. 
 
 131. 
 ordinance of Va. constitution of 1861 as to liability on, unconstitutional, 
 
 26 G. 131. 
 for hire of slaves giyen in 1861 held good, 26 G. 145. 
 what no excuse for failing to present and protest, 26 G. 631. 
 what a waiver by endorser of notice of protest. What not, 26 G. 631. 
 when, to be scaled. When act Marqh, 1866, as to scaling debts does not 
 
 apply, 26 G. 631. 
 what notice insufficient to bind endorser. When bound without notice, 26 
 
 G.785. 
 Code 1873, ch. 163, §1, as to notices does not apply to notice of dishonor of, 
 
 26 G. 785. 
 what payment to branch bank not payment of, 26 G. 785. 
 
456 PROMISSORY NOTE— PROVISION. 
 
 PROMISSORY NOTE, Continued. 
 what, made in Confederate lines illegal and void, 26 G. 785. 
 ■when judgment on, may be against one partner and the endorser, 26 G. 785. 
 need not state on face that it is payable in Va. to bring it within the 
 
 statute. Code 1873, oh. 141, 26 G. 785. 
 rights of accommodatioij endorser and his personal representative paying, 
 
 after protest, 26 G. 914. 
 rights of parties to, governed by law in force when note was made, 27 G. 
 
 229. 
 when notice of non-payment of, need not be given endorsers, 27 G. 229. 
 when holder must show he is a holder for value, 27 G. 229. 
 when personal representatives of maker and endorser should be parties to 
 
 suit on, 27 G. 229. 
 presumption as to residence of endorser, 27 G. 668. 
 what not a payment or discharge of a firm, 29 G. 216. 
 when possession and cancellation of, will not prevent a suit on it, 29 6. 216. 
 what not due notice to endorser of dishonor of, 29 G. 546. 
 what not sufficient to render endorser of, liable, 29 G. 588. 
 when party purchasing, at a discount may recover full value of note from 
 
 endorser, 29 G. 588. 
 what interrogatories proper in this suit against maker and endorser of} 
 
 what improper, 16 G. 99. 
 note payable at a bank which has ceased to exist is not a negotiable note, 
 
 33G.23. 
 covenant in deed of trust held to bind endorser of negotiable note without 
 
 a protest or notice to him, or other endorser, 33 G. 160. 
 what^ waiver of notice of protest by endorser of, 33 G. 160. 
 when wife endorsing a blank negotiable note bound, though it is fraudu- 
 lently filled up by husband, 33 G^ 377. 
 as to authority implied from signature of blank negotiable note. Powers 
 
 of holder, 33 G. 377. 
 what necessary to invalidate title of holder of negotiable instrument en- 
 dorsed in blank and acquired in due course of trade, 33 G. 377. 
 inserting name of holder as payee in note endorsed in blank does not affect 
 
 endorser's liability, 33 G. 377. 
 PROSECUTOR, 
 what constitutes a person the, 2 V. C. 3, 29. 
 
 when not requisite to insert name of, at fbot of indictment, 5 R. 669. 
 who cannot be considered as ; when volunteer made, 5 R. 669. 
 competent witnees in case of assault and battery, 4 L. 688. 
 when required to secure costs or case dismissed, 9 L. 601. 
 omission of title of, no ground of exception, 10 L. 685. 
 when judgment for costs given against, 1 G. 556. 
 commonwealth opens and closes argument though accused introduced no 
 
 evidence, 1 G. 557. 
 
 PROTEST ; see Bill of ExcJiange ; Promissory Note. 
 PROVISION ; see Husband and Mnfe. 
 
PROVISO— PURCHASER. 457 
 
 PROVISO. 
 
 question whether, had been complied with left to jury in this action of 
 covenant, 2 M 244. 
 
 when covenant does not lie on a, in a mortgage, 2 M. 337. 
 
 what, in ii of act of 1792 as to i&portation of slaves into Va. did not au- 
 thorize, 2 M. 393. 
 
 PUBLICATION ; see Absent Defendant ; Attachment ; Notice. , 
 execution of order of, must appear in the record, 1 "W. 145. \ 
 what not sufficient evidence of; when advantage may he taken of want of 
 
 proof of, 1 W. 145. 
 what necessary proof of due, 4 M.~366. 
 when notice to take depositions should be by, 4 M. 371. 
 oath of editor of paper sufficient proof of, without producing advertise- 
 ment, 5 M. 346. 
 there can be no order of, without process, 4 H. & M. 412, 445. 
 PUBLIC BUILDINGS. 
 
 authority of judge of circuit court over, 27 G. 329. 
 PUBLIC CEEDITOE. 
 when foreigner selling to State bound by act scaling paper money, 3 C. 
 
 122; 5C. 107. 
 not bound by settlement of amount of his claim by the solicitor general, 
 
 3 C. 122. , 
 
 can appeal to courts from auditor even though legislature has rejected his 
 
 claim, 3 C. 122. 
 when act authorizing warrant for a debt does not stop interest on it, 1 H. 
 
 & M. 90. 
 to what rights remedy given by §6 of act of Dec. 15, 1792, extends, 3 H. & 
 M. 548. 
 PUBLIC LANDING, 
 how established under the statute. Damages how estimated. Notice; re- 
 port of viewers, 10 G. 12. 
 PUBLIC LAW; see Constitutional Law; Laws. 
 PUBLIC OFFICEE. 
 contracting in behalf of government not personally liable, 1 C. 105 ; 3 C. 
 
 233. 
 is presumed to have done his duty until contrary is proved, 6 C. 44. 
 treasurer not liable to be sumoned as garnishee, when, 23 G. 509. 
 when, of State cannot be made liable by attachment, 23 G. 509. 
 PUBLIC PLACE. 
 
 wljat not a, under act to suppress gaming, 6 G. 689 ; 8 G. 585. 
 PUBLIC SCHOOLS. 
 
 sec. 1, act March 5, 1846, construed, 4 Gr. §28. 
 PUECHASEK ; see Lien ; Notice; Sale ; Vendor and Vendee. 
 of legal title not affected by latent equity, 1 W. 38. 
 when vendor has equitable lien against, of vendee ; when, at sheriff's sale 
 
 acquires title. When not, 1 W. 308. 
 with notice of equitable title allowed for improvements, when, 1 W. 336. 
 
 58 
 
458 PURCHASER. 
 
 PURCHASER, Continued. 
 
 case where devisee takes by purchase as an heir apparent, 1 W. 381. 
 
 of land from executor bound to look for his power to sell, 2 W. 68. 
 
 who fails to perform contract decreed conveyance on equitable terms, 2 W. 
 94. 
 
 of land by the tract cannot recover for deficiency, 1 C. 301. 
 
 when vendor can pursue lands in the hands of vendee's, 1 C. 414. 
 
 trover may be sustained for lost certificate against bona fide purchaser 
 thereof, 1 C. 500. 
 
 honafide, not bound for amount due by vendor to his creditors, 2 C..125. 
 
 when deed good against, from date of re-acknowledgment, 2 C. 125. 
 
 when, not excusable for refusing to pay purchase money on ground of de- 
 fect in vendor's title, 3 C. 320. 
 
 must enquire as to title when executor sells land only as testator held it, 
 
 3 C. 558. 
 
 when may annul contract ; relief granted in this case, 4 C. 239. 
 
 vendor agreeing to adjust .incumbrance has until time of decree to do so, 
 
 4 C. 288. 
 
 when entitled to deduct from purchase money for deficiency in land, 4 C. 
 489. 
 
 relieved for deficiency in land if seller knew it at time of sale, 5 C. 236. 
 
 getting conveyance without notice of prior equitable lien is supported, 5 
 C. 537. 
 
 when purchase of land by one to be resold to another becomes absolute, 6 
 C. 211. 
 
 when bound to see to application of purchase money ; when not, 1 C. 524 ; 
 6 C. 308. 
 
 when, of chattel from executor takes it subject to a specific bequest, 6 C. 
 308. 
 
 specific performance not decreed unless vendor can make title, 6 0, 308. 
 
 of land sold with warranty who is evicted, should recover purchase money, 
 interest and costs, 1 H. & M. 202. 
 
 when sale of slaves specifically bequeathed by executor cannot be disturbed, 
 2H. &M. 69. 
 
 in suit against, it must appear whether he had notice of prior equity at 
 time of conveyance, 3 H. & M. 316. 
 
 what held to be a purchase by metes and bounds, 4 H. & M. 184. 
 
 what, asking relief in equity from judgment for defect of vendor's title 
 must prove, 4 H. & M. 390 ; 5 M. 295. 
 
 purchase by executor of land sold by him under the will valid if sale fair 
 and correct, 4 H. & M. 430. 
 
 when land bought by agent of British company in 1771, escheated, 1 M. 
 ' 460. 
 
 iona fide, at a discount of bond given without any consideration, can re- 
 cover full amount, 2 M. 36. 
 
 a fair purchase of a bond at any discount is not usurious, 2 M. 36. 
 
 an injunction against judgment for purchase money should not be dis- 
 solved until vendor tenders a good deed, 2 M, 179. 
 
PURCHASER. 459 
 
 PUECHASEE, Continued. 
 how voluntary, of land subject to lien of judgment responsible in equity 
 
 2 M. 305. 
 equitable rights' lost by sale to bona fide, without notice; caveat emptor does 
 
 not apply, 2 M. 314. 
 guxre, whether sale by executor to pay his owu debt void, 3 M. 1. 
 knowing defect in title not relieved in this case, 3 M. 243. 
 decree for vendee to mortgage to vendor, understood as requiring vendor 
 
 first to make him title, 3 M. 2&. 
 holder of legal title sufficient defendant in suit for land without making 
 
 hisvendor a party, 3 M. 358. 
 with notice buying of one without notice not affected by prior deed, '4 M. 
 
 313. 
 from mortgagor whom mortgagee permits to sell, protected, 4 M. 351. 
 when, from an insolvent debtor protected, 4 M. 382. 
 absolute deed of slaves, grantor retaining possession, is good between the 
 
 parties, 5 M. 28. 
 when, may ask equity for compensation from vendor not making good 
 
 title, 5 M 29. ' 
 when purchase by executor or administrator of deceased's estate annulled, 
 
 ■ 5 M^ 180. 
 when, who pays off deed of trust, protected against creditor claiming con- 
 veyance of legal title, 5 M. 257. 
 payment of purchase money not sufficient part performance to take con- 
 tract for land out of statute of frauds, 5 M. 308. 
 if it does not appear that land was sold by the tract, must pay for surplus 
 
 land, 5 M. 342. 
 losing slave by an award has no remedy against vendor, 5 SI. 411. 
 purchase by insured of vessel sold under a confiscation, does not take away 
 
 his right to indemnity for entire loss, Gil. 16. 
 ground on which original, with notice is postponed in equity, 6 M. 42. 
 under act 1792 mortgage not recorded in eight months froto date void as to 
 
 hona fide, 6 M. 251. 
 words in deed construed words of purchase and not words of limitation, 6 
 
 M. 470. 
 oneof two joint purchasers of land has lien on it for purchase money paid 
 
 by him, 4 E. 272. 
 defendant claiming to be, without notice, must deny notice in answer, 6 E. 
 
 591. , 
 
 when bona fide, from son protected from creditors of the father, 6 E. 618. 
 when, cannot disaffirm contract, but must sue for damages for its breach, 
 
 3 L. 78. 
 party in this case held purchaser with notice, 2 L. 425. 
 to sustain plea of, without notice, party must be complete, before notice, 3 
 
 L. 365. 
 party who has paid purchase money without notice is a complete, 3 L. 218. 
 on proof of superior outstanding title in third person cannot get injunc- 
 tion to prevent payment of purchase money, 5 L. 39. 
 
460 PURCHASER. 
 
 PXIECHASEB, dontmued. 
 of land subject to previous lien cannot object that lien is usurious, 5 L. 
 
 65, 478. 
 quxre, whetljer equity will interfere if, can sue vendor at law on covenants, 
 
 before actual eviction, 5 L. 606. 
 when entitled to a deed with general warranty, 6 L. 259. 
 protection to, without, and liability of vendor with, notice of prior equity, 
 
 6 L. 576. 
 what contract for the purchase of land sufficient within the statute of 
 
 frauds, 7 L. 165. 
 defence of, without notice may be by answer as well as by plea, 7 L. 165. 
 vendee of, from commissioner under decree of court not responsible in this 
 
 case for purchase money, 10 1^. 406. 
 purchase by executor at his own sale avoided by parties interested, 1 G. 4. 
 qussre, what, of equity of redemption at insolvent debtor's sale must pay, 
 
 2 G. 231. 
 when equity will not iaterfere to relieve, after commissioner's report con- 
 firmed, 5 G. 60. 
 when land sold to pay annuity without noticing a, pendente lite, 5 G. 259. 
 principles applicable to a, for value without notice, 24 G. 454. 
 when equities of others superior to those of, without notice, 24 G. 454. 
 when, of trust funds liable for fund purchased, 25 G. 246. 
 when, of assets from executor liable for assets purchased, when not, 25 G. 
 
 642. 
 who, for value and without notice of an attachment, 30 G. 292. 
 without notice held to have good title to property of which another was 
 ' defrauded, 1 P. & H. 5.- 
 of legal title to land without notice of a latent equity not affected by it, 
 
 2 P.^ H. 26. 
 what not sufficient notice of an outstanding equity to, 2 P. & H. 255. 
 prior unrecorded deed does not affect, without notice, when, 2 P. & H. 255. 
 decree of court of another State for conveyance of land in Va. not enforced 
 
 against, without notice, after thirty years, 2 P. & H. 255. 
 how, at judicial sale compelled to comply with its terms, 2 P. & H. 483. 
 hew bonds collected in such case. When error to order resale, 2 P. <& H. 
 
 483. 
 when order authorizing a, to pay receiver void, 22 G. 614. 
 how land resold by court for failure of, to pay purchase money, 29 G. 347, 
 
 669. 
 effect of purchase by one joint tenant of whole property in which he is 
 
 interested, 33 G. 473. 
 who has covenant against encumbrances not entitled to relief because of 
 easements which have neither been used, nor caused damage, 33 G. 489. 
 Code 1873 oh. 114 §5 avoiding deeds, only refers to subsequent purchasers 
 of the same subject, not to purchasers of different tracts from same ven- 
 dor, 33 G. 497. 
 
QUANTUM MEEUIT— QUO WARKANTO. 461 
 
 Q. 
 
 QUANTUM MEEUIT. 
 
 when counsel can recover on a, 1 P. & H. 48. 
 QUIA TIMET, 
 when security for forthcoming of slaves decreed on bill of, 3 C. 25. 
 when surety might bring bill of, to compel principal on bond to pay it, 3 
 
 C. 69. 
 bUl in nature of, must show grounds sustaining it, 4 C. 361. 
 who proper parties to a bill of, in this case, 4 C. 402. 
 when tenant for life must give bond for forthcoming of property at his 
 
 death. When not, 4 H. & M. 503. 
 power to require security in such case a matter of discretion with the 
 
 court, 2 M. 162. 
 bill of, will not lie unless plaintiff may be subjected to loss by the neglect- 
 
 of another, 3 E. 394. 
 QUO WAEEANTO. 
 act limiting prosecutions to one year does not apply to information in 
 
 nature of a, 2 V. C. 51. 
 information in nature of, proper proceeding to decide whether James 
 
 Eiver Company had forfeited its charter. Proceedings in this case, 2 
 
 V. C. 190. 
 when party engaged in duel may be removed from office by, 28 G. 130. 
 writ of, not abolished. Circuit courts have jurisdiction of it, 33 G-. 443. 
 
462 RACE FIELD— EAILROAD COMPANY. 
 
 R. 
 
 EACE FIELD. flr' ■ 
 
 what a, -within act to prevent unlawful gaming, 9 L. 648. 
 EAILROAD COMPANY ; see Ad Quod Damnum ; DamMgek; Ingwisition / 
 Internal Improvement Company. 
 
 as to appointment of commissioners to assess damages for land wanted by, 
 23 G. 437. 
 
 when such case may be moved to circuit court, 22 G. 437. 
 
 when liable for injury to horses, 23 Gr. 619. 
 
 onus is on party excepting to report of commissioners assessing damages 
 for land, 25 G. 467. 
 
 as to right of, to run engine through street of a city, 26 G. 83; 
 
 how far, may by express contract relieve itself from liability asacarrierof 
 freight, 26 G. 328. 
 
 what statements of agent of, not evidence in suit against company for neg- 
 ligence, 26 G. 328. 
 
 proceedings to assess damages for land taken by, 26 G. 661. 
 
 what property of Chesapeake and Ohio Eailroad Company subject to tax- 
 ation by State, 27 G. 344. 
 
 duty of, running cars through populous streets, 27 G. 455. 
 
 when liable to injury to child. As to contributory negligence, 27 6. 455. 
 
 effect of appeal by, in creditors' suit against it. When road should be 
 leased by court, 27 G. 777. 
 
 when, in possesion of road should be made party to suit against company 
 owning road, 27 G. 777. 
 
 when, leasing road in this State cannot remove suit to U. S. court, 29 G. 
 431. 
 
 what need not be averred in suit against, for killing a person, 29 G. 431 ; 
 32 G. 394. 
 
 what evidence admissible and how damages assessed in such case, 29 G.431. 
 
 liability of, as a carrier of passengers. What evidence inadmissible, 29 6. 
 431. 
 
 what evidence admissible in suit against, for killing person on its track, 30 
 G. 602. 
 
 when not liable in such case, 30 G. 602. 
 
 when liable for death of employee and when not. What contributory neg- 
 ligence, 30 G. 805. 
 
 what need not be averred in suit against, for negligence. What count in 
 declaration defective, 30 G. 805. 
 
 when liable for injuries inflicted by their cars. When not liable, 31 G. 
 200, 812. 
 
 proceedings in case of county subscription to stock of, 31 G. 695. 
 
 bequest of stock of, held to include additional shares acquired by subdi- 
 vision of original stock, 24 G. 392. 
 
 when liable for damages to a fishery, 31 G. 761. 
 
 of another State leasing road in Va. liable for injuries occurring on leased 
 road, 32 G. 394. 
 
RA.ILROAD COMPANY— EECEIPT. 463 
 
 RAILROAD COMPANY, Continued. 
 liability of, for injuries to passengers. Burden of proof as to negligence, 
 
 32 G. 394. 
 how damages Ascertained in such case, 32 (J. 394. 
 as to subscripfton to stock of; what constitutes a valid sufiscription, 32 G. 
 
 146. 
 subscription to stock of, held withdrawn and subscriber not a stockholder, 
 
 32 G. 146. 
 when can cross a canal. Railroad law of 1836-7, ch. 118, construed, 11 L. 
 
 42. 
 when liable under the Code for wrongful acts, neglect, &c., 29 G. 431, 570. 
 how creditors may subject railroad to their debts, 27 G. 777. 
 powers of court of equity which takes charge of property of, 33 G. 586. 
 court may direct receiver of, to build or lease another railroad, when, 33 
 
 G. 586. 
 court may order property of consolidated roads to be sold as a -whole and 
 
 proceeds properly divided, 33 G. 586. 
 bonds issued by, for interest not a novation of the interest, and secured by 
 
 original mortgage, 33 G. 586. 
 trustee paid for.services in preference to bondholders of, secured by trust, 
 
 when, 33 G. 617, 
 when debts of, for material and services paid before bondholders secured 
 
 by trust. How paid, 33 G. 624. 
 when execution creditors of, preferred to such bondholders. How paid, 33 
 
 G. 645. 
 principles governing court which has taken charge of property of, in ad- 
 justing rights of creditors, 33 G. 624. 
 RAPE ; see Criminal Jurisdiction and Proceedings. 
 what not competent evidence in a prosecution for, 10 G. 722. 
 is consummated by penetration alone, 1 V. C. 307. 
 what necessary to make an attempt by negro to ravish a woman a felbny, 
 
 2 V. 0. 210. 
 what'cured in indictment for, by act of jeofails, 2 V. C. 235. 
 what not au attempt at under the statute, 4 L. 648. 
 who a white woman within meaning of the statute, 4 L. 672. 
 indictment for, held good though word "female " not used in it, 20 G. 825. 
 whether name in indictment is idem sonans with that of the person raped 
 
 is for the jury, 20 G. 825. 
 what proof of, admissible in this case, 20 G. 825. 
 what description of offence sufficient in an indictment for an attempt to 
 
 commit, 23 G. 954. 
 what not sufficient evidence to convict of attempt to commit, 23 G. 954. 
 verdict and judgment in case of, set aside as contrary to the evidence and 
 
 for surprise, 24 G. 649. 
 what is, and what an attempt to commit. How punished, 29 G. 830. 
 when verdict in case of attempt to commit, not set aside, 29 G. 830. 
 RECEIPT, 
 of attorney for plaintiff will discharge the judgment, 1 C. 147. 
 
464 KECEIPT— KECITAL. 
 
 EECEIPT, Continued. 
 is a defence at law, yet admitted in equity after a judgment at law, 3 C. 
 
 531. 
 of a bond offered in discount must be proved at the trial, 4 C. 580. 
 for whole when only part is actually paid is no discharge of the debt, 7 
 
 L. 346. 
 when, of a legacy no evidence against assignee unless proved to have been 
 
 given before assignment, 9 L. 144. 
 deed and, for purchase money of land does not prevent claiming payment 
 
 of it in equity if not actually paid, 9 L. 343. 
 
 RECEIVER, 
 does not by appointment acquire a right of property. When description 
 
 as, considered as surplusage in detinue, 9 L, 158. 
 law as to appointment, duties and responsibilities of, investigated, 4 G. 
 
 187. 
 when appointment of, in one suit enures to benefit of plaintiff in another, 
 
 4 G. 187. 
 when may recover against sheriff and sureties for money collected by 
 
 sheriff, 23 &. 825. 
 when and by whom a, to take charge of land and rent it out may be ap- 
 pointed, 28 G. 144. 
 what rents a receiver may be directed to collect, 28 G. 144. 
 when court may appoint and remove, of estate of a partnership. As to 
 
 hite security, 32 G. 481. 
 when may be appointed pending an appeal, 26 G. 108. 
 if sergeant appointed, he need not give bond as such, 26 Gr. 108. 
 When court may direct, of railroad to lease or build another railroad, 33 
 
 G. 586. 
 to collect bonds not a creditor in sense of Code 1873 ch. 143 §^4, 5, 33 G. 
 
 705. 
 
 RECEIVING STOLEN GOODS ; see Onminal Jurisdiction and Proceedings. 
 when person, a principal and not an accessary, 10 L. 695. 
 receiving stolen bank notes not, under act of 1792, 2 V. C. 141. 
 
 RECITAL ; see Bond ; Deed. 
 
 declaration in trespass or case for tort by way of, is bad even after verdict, 
 
 3H.&M. 271. 
 declaration in debt on bond with collateral condition assigning breach by 
 
 way of, bad, 4 H. & M. 277. 
 declaration in assumpsit charging promise by way of, only, bad, 3 M. 566. 
 erroneous, of name of slave in verdict corrected by declaration, 2 M. 479, 
 
 539 ; 4 M. 145. 
 declaration in slander containing only, of slanderous words bad, 4 M. 261. 
 against whom, in. post-nuptial settlement of an agreement, evidence, 2 
 
 L. 29. 
 in marriage settlement does not control the trust expressed in instrument, 
 
 1 G. 483. 
 
RECITAL— RECORD. 465 
 
 RECITAL, Continued. 
 •when recital in deed evidence. When not, 6 G. 277. 
 in deed of commissioner of delinquent lands not evidence against party 
 
 claiming adversely to it, 9 G. 194. 
 when judgment against sheriff and its recitals evidence against deputy 
 
 ^nd his sureties, 9 G. 323. 
 effect of recitals in a deed. When estoppel on all parties. When only on 
 
 grantor, 23 G. 310. 
 
 EECOGNIZANCE ; see Bail. 
 
 bail in separate recognizances cannot be joined in one scire facias, 2 L. 555. 
 
 debt due by, of special bail of higher dignity than specialty, 4 L. 35. 
 
 justice can take, of bail, when. What it must show, 3 G. 78, 214. 
 
 what, valid. What need not be averred in declaring on it, 10 G. 627. 
 
 to what term, in criminal case should be made. Scire facias on, how re- 
 turnable, 10 G. 627. 
 
 county court can require, to keep the peace, 6 G. 670. 
 
 when scire facias on a, made in county court could not be awarded by dis- 
 trict court, 1 V. C. 142. 
 
 proceedings when scire facias on joint, of three abates as to two and third 
 dies after pleading, 2 V, C. 134. > 
 
 what scire facias on a, to keep the peace defective, 2 V. C. 351. 
 
 what variance between scire facias and, fatal, 4 E. 329. 
 
 interlineations in,' struck out, when, 7 L. 640. 
 
 what not a variance betw:een scire facias and, 24 G. 31. 
 
 appointment of prisoner as deputy marshal does not release sureties on 
 his, 24 G. 31. 
 EECOED ; see Emdence. 
 
 copy not admissible in court whose record it is, 2 W. 215. 
 
 copy of patent, when admissible and authentic, 2 W. 276. 
 
 execution of same court in which motion is made is part of the, without 
 eertiorari, 1 C. 471. 
 
 qusere, whether deposition taken after cause decided but during same term 
 can be made part of, 3 C. 44. 
 
 when upon trial of issue of mil tiel record court will allow amendment to 
 declaration, 5 C. 529. 
 
 when suit is in court where record is, it is error to inspect transcript in- 
 stead of original, 5 C. 529. 
 
 records are the regular proofs of a public road ; not presumed until after 
 long time and a suggestion of loss, 5 C. 548. 
 
 what is part of the, on an appeal, 6 C. 78. 
 
 appellee has right to bring up the, 1 H. & M. 21. 
 
 bill of injunction and proceedings thereon not properly part of, at common 
 law, 2H.&M. 268. 
 
 when entry omitted in order book cannot be amended after theterm, 2 H. 
 & M. 467. 
 
 when minute of judgment sjdmitted to, original.being destroyed ; such, is 
 evidence, 3 H. & M. 237. . i 
 
 in one suit not evidence in another between different parties, 1 M. 373. 
 
 59 
 
466 . RECOKD. 
 
 EECOED, Continued, 
 qusere, how far documents must be referred to in bill of exceptions to make 
 
 them part of the, 2 M. 167. 
 when writ of certiorairi for defect of the, is proper, 2 M. 229. 
 when issue is joined on a plea to the action, writ is part of, for purpose of 
 
 amendment only, 2 M. 297. 
 of court of record of another State conclusive evidence in courts of Va., 
 
 when, 4 M. 241. 
 only evidence that award made pendente lite was set aside is copy of the, 
 
 4M-. 241. 
 how far, offered on trial in ejectment evidence, 4 M. 310. 
 plea of "no such record" tried by court. Should pray judgment, 4 M. 466. 
 if two copies of, docketed on appellant's motion he must pay costs occa- 
 sioned thereby, 4 M. 495. 
 court cannot amend, after term at which judgment was rendered, 4 E. 161. 
 papers inserted in, by clerk not thereby made a part of the, 4 K. 189. 
 no defect in a, can be supplied by averment, 4 B. 329. 
 notice of motion by surety against principal not part of the, unless made 
 
 so by bill of exceptions, 3 L.,609. 
 caption to order not a necessary part of the, 6 L. 167. 
 rejected pleas not part of, unless made so by bill of exceptions, or by order 
 
 of court, 9 L. 347 ; 6 G. 673. 
 of suit must be produced to show authority of marshal to convey land, 
 
 when, 5 G. 168. 
 when decree of partition competent evidence without producing whole, 5 
 
 G. 157. 
 when writ and inquisition part of the, in appellate court though no bUl 
 
 of exceptions taken, 5 G. 1. 
 bond of committee of a lunatic given under order of court part of the, 
 
 when, 8 G. 48. 
 of what, to which neither demandants nor tenants were parties not evi- 
 dence, 8 G. 68. 
 court cannot alter, to make it conform t-> indictment, 8 G. 589. 
 when, of another suit competent evidence, 10 G. 1. 
 when decree referring to another suit makes it a part of the, 9 G. 131. 
 of proceedings of sale and conveyance of delinquent lauds competent evir 
 
 deuce in ejectment, 10 G. 445. • 
 of another suit held conclusive in this case, 10 G. 560. 
 qusere, if depositions and commissioner's report part of the, in this case, 11 
 
 G. 724. 
 
 when, of suit in equity in another State against absent defendant evidence, 
 
 24 G. 42. 
 
 what evidence to rebut presumption arising from twenty years' adversary 
 
 possession, 24 G. 74. 
 of what, in former action of assumpsit prima facie evidence in second suit, 
 
 25 G. 704. 
 
 what is a public record; Code 1873, ch. 42 J22 not repealed, 25 G. 865. 
 warrant book of sinking fund is a public, and evidence as such, 25 G. 865. 
 
RECOED— REHEARING. 467 
 
 RECORD, Continued. ' 
 what part of, of examining court. "What not. What should show, 1 V. 
 
 C. 271. 
 what entry in order book in case of forgery should be expunged, 2 V. C. 
 
 89. 
 court can correct error in, made by clerk in orders of preceding day, 3 V 
 
 C. 111. 
 presentment of grand jury is part of the, 2 V. C. 160. 
 it is essential that indictment should be recorded, 2 V. C. 527. 
 of proceedings for felony must show that accused appeared in person, 9 L. 
 
 623. 
 when, must show adjournment of case was with consent of the accused, 9 
 
 L. 638. ^ 
 
 a party must state the part of the, he objects to, 16 G. 64. 
 
 RECORDING; see Deed; Deed of Trust; Lien ; Purchaser ; Registry ; Ven- 
 dor and Vendee. 
 REFUNDING BOND. 
 
 when slaves emancipated by will are set free by executor, he is not entitled 
 to a, 4 L. 252. 
 
 effect of omission in decree for legatees against executor to require a, 9 L. 
 484. 
 
 assent of executor to legacy does not dispense with, 11 G. 724. 
 
 case in which, was not required of legatees, 1 P. & H, 167. 
 REGKTRY; see Deed; Deed of Trust ; Lien; Purchaser; Vendor and 
 Vendee. 
 
 when decree need not be recorded to protect party against purchasers with- 
 out notice, 24 G. 454. 
 
 statute as to, of deeds does not apply to verbal contracts for sale and pur- 
 chase of land, 28 G. 401, 418. 
 
 when- a mortgage is properly recorded, 28 G. 39. 
 
 what not included in Code 1873, ?24, 5, 6, p. 897, 31 G. 126. 
 
 assignment of a debt need not be recorded and is good against a subse- 
 quent attachment, 31 G. 126. 
 
 proper office for, of deeds for land lying within one mile of Richmond 
 north of James river, 32 G. 633. 
 
 of paper which law does not require to be recorded is not notice, 2 "W. 276. 
 
 deed recorded in eight months from re-acknowledgment good from .that 
 date, 2 G. 125. 
 
 deeds held to have preference over decree in this case, being recorded first, 
 33 G. 473. 
 
 REHEARING, 
 of a cause may be had by consent of parties, 2 "W. 213, 
 cause may be reheard on petition presented before term of final decree has 
 
 passed ; not afterwards save on a bill of review, 4 H. & M. 400. 
 if infancy is alleged in petition for a, guardian ad litem will be appointed 
 
 and cause reheard, 2 M. 129. 
 when bill styled a bill of review taken as a petition for a, 7 L, 346. 
 
468 REHEARING— EELEASE. 
 
 KEHEAEING, Continued. 
 
 qusere, as to whether Court of Appeals will grant, on petition filed after 
 
 term at which decree entered, 9 L, 262. 
 an absent debtor to obtain relief against a decree must appear and file iie- 
 
 tition for a, 10 L. 507. 
 when unnecessary to get, to warrant introduction of new evidence of a 
 
 fact, 10 L. 628. 
 when notice treated as a petition for, of a decree. When should begranted, 
 
 28 G. 646, 850. 
 order for, granted in Court of Appeals after certificate of judgment sent to 
 
 court below, 11 L. 584.' 
 when bill of review treated as a petition for a, 22 G. 769; 27 G. 291. 
 upon a decree for default there may be a petition for a, 27 G. 291. 
 what a proper case for a, 31 G. 791. 
 when case may be reheard upon petition. 32 G. 827. 
 
 RELEASE. 
 
 what is a release of a part of a judgment, 1 W. 87. 
 
 of interest to, and death of, remainderman. Its effect In this case, 2 W. 
 74 : 4 C. 305 ; 5 C 150. 
 
 surety is released if plaintiff orders property levied on to be restored to 
 defendant, 1 C. 18. 
 
 of excess in forthcoming bond which is for too much makes bond good, 1 ' 
 C. 41, 47. • 
 
 what acts constitute a discharge of a mortgage, 1 C. 187. 
 
 second execution before sale under first releases lien of first, 1 C. 492. 
 
 agreement that suit shall not abate on death of party operates as a, of 
 errors, 1 C. 520. 
 
 removes incompetency of a witness on the score of interest, 6 C. 78. 
 
 when a covenant may be pleaded as a, 6 C. 308. 
 
 what release to one obligor will or will not discharge the others, 6 C. 308. 
 
 when covenant not to levy on estate of one obligor does not release estate 
 of other. 6 C. 308. 
 
 what parol evidence admissible for jury to presume against a deed that 
 there has been a, 1 H. & M. 54. 
 
 how defendant in error wishing to avail himself of a, of errors should pro- 
 ceed, 2 H. & M. 268. 
 
 what judgment should be if a, of errors be pleaded to a supersedeas, 2 H. 
 & M. 268. 
 
 giKBr-e, whether attorney can execute a release of errors, 2 H. & M. 268. 
 
 when plaintiff directing sheriff to put off sale releases securities, 1 M. 269. 
 
 entered of record by verbal direction in open court good under statute of 
 frauds, 3 M. 102. 
 
 how judgment rendered if jury find verdict for debt in declaration men- 
 tioned and plaintiff release (tredits endorsed on bond, 4 M. 437. 
 
 what agreement not to sue amounts not to a, but to a covenant only, 6 
 M. 6. 
 
 judgment sustained, plaintiff having released excessive damages, 6 M. 271. 
 
RELEASE— REMAINDER. 469 
 
 RELEASE, Qmtinued. 
 
 court of equity failing on granting injunction to require, of errois, Court 
 of Appeals will respect the principle, Gil. 153. 
 
 confession of judgment on motion on forthcoming bond is a, of errors in 
 original judgment, 1 E. 44. 
 
 what held a, of guardian's bond as to both surety and his co-obligor 2 
 L. 29. 
 
 confession of judgment on a forthcoming bond is a, of errors in previous 
 proceedings, 3 L 681. 
 
 what is no, of principal and surety in obligation, 8 L. 623. 
 
 mortgagee's, to purchaser does not imply a warranty 6f title, 10 L. 354. 
 
 to one surety only releases other from portion of debt he could have re- 
 covered from the first one, 1 P. & H. 34. 
 
 sureties released by usurious contract by creditor and principal for forbear- 
 ance, 2 P. & H. 504. 
 
 by party to a composition deed construed, 2 P. & H. 144. 
 RELIGIOUS CONGREGATION ; see Church. 
 
 to what disturbances of, act applicable, 3 G. 595. 
 
 what Indictment for disturbing need not set out, 2 V. C. 402. 
 REMAINDER ; see Deed ; Beverdon ; Will. 
 
 of wife in slaves, when right vests in husband, 1 W. 30. 
 
 on an estate tail, when it does not take effect, 1 W. 71. 
 
 by act 1776 all remainders expectant on estates taU are utterly barred, 1 
 C. 165. 
 
 court will not construe that to be an executory devise which is a contin- 
 gent, 1 C. 165. 
 
 after a life estate not included in residuary clause if it can operate on 
 other estate, 1 C. 337. 
 
 case in which, in fee in a slave passed by the residuary clause in a will, 3 
 C. 507. 
 
 devise held to be estate for life and, over held good, 1 H. & M. 940. 
 
 power of husband over slaves to which wife is entitled in, 2 H. & M. 381. 
 
 bequest of personal chattels to be equally divided at death of life tenant 
 conveys a vested, 4 H. & M. 411. 
 
 land devised should not be charged with debt until, in slaves exhausted, 
 3 M. 514. 
 
 what a good limitation by way of contingent, 5 M. 242 ; 6 M. 174. 
 
 when a general residuary bequest to " all his children " did not include one 
 to whom was given a specific legacy, 6 M.- 368. < 
 
 when increase of female slave belongs to remainderman, 6 M. 368. 
 
 words " heirs of her body" construed as words of purchase, and estate one 
 for life only with, 6 M. 470. 
 
 limitation of contingent remainders in moieties, 3 L. 64. 
 
 limitation of an estate tail in, with contingent, limited thereon,. 3 L. 103. 
 
 qumre, if interest in, in personal chattels can be taken under a fieri facias, 
 5L. 6. 
 
 case of a vested, in a feme covert devolving on husband at her death, 5 L. 
 442. 
 
470 ' EEMAINDER— EENT. 
 
 EEMAINDEE, Continued. 
 when right of reinainderman not barred by statute of limitations, 6 L. 486. 
 ■what, given in marriage settlement in this case, 1 G. 483. 
 when statute of limitations begins to run against owner of, in slaves, 8 G-. 
 
 281. 
 remaindermen cannot recover for use, &c., of land during life of owner 
 
 who has a fee, defeasible upon his death without issue, 33 G. 278. 
 REMOVAL OF CAUSES ; see Court. 
 when civil causes may be removed from county to circuit, court, 11 G. 
 
 527, 587. 
 act as to, applies to proceedings bv railroad company to condemn lands, 22 
 
 G. 437. 
 when suit in State court cannot be removed into United States court, 23 
 
 G. 484 ; 27 G. 216 ; 28 G. 299 ; 29 G. 431. 
 when application to build mill may be removed from county to circuit 
 
 court, 2 P. & H. 608. 
 when motion for removal of cause from county court properly overruled, 
 
 15 G. 381 ; 16 G- 99. 
 what suits not removable to U. S. courts, 18 G. 100 ; 19 G. 592. 
 order for, assigning a bad rea.son still valid, 21 G. 521. 
 circuit court may remove cause while it is at rules, 21 G. 521. 
 EENT ; see Landlord and Tenant ; Lease. 
 when title saved though land forfeited for non-payment of, 1 "W, 38. 
 may be reserved by guardian to either himself or ward, 1 W. 87^ 
 for ward's lands may be paid to guardian, 1 W. 87. 
 though plaintiff has no title, when he may recover, 1 W. 87. 
 due executor cannot be set off by judgments against testator, 1 W. 166. 
 debt will not lie against sheriff who levies on tenant's property and doe.s 
 
 not pay, 1 W. 232. 
 though landlord had no title, tenant who enjoyed land must pay, 1 W. 340. 
 property distrained for can only be sold by duly qualified officer, 2 W. 54. 
 after verdict in replevin, when court will hear new evidence and for what 
 
 purpose, 1 C. 117. 
 quiere, if defendant prays retorno habendo, he can claim judgment- for 
 
 double, 1 C. 405. 
 quit rents allowed against personal representative of a surviving joint ten- 
 ant, 2 C. 102. 
 interest allowed on, 2 C. 249. 
 
 when rents settled by scale of May, 1777 ; interest refused on, 2 C. 253. 
 must be paid though property destroyed during the term, 3 C. 309. 
 when grantor may re-enter for non-payment of, and grant land to another, 
 
 3 C. 491. 
 when award in replevin discounted against the, 4 C. 580. 
 what, in Northern Neck was destroyed by acts abolishing quit rents, 5 C. 
 
 364. 
 what not quit rents but rents- charge, 5 C. 364. 
 
 vendee evicted from lands of which vendor put him in possession by mis- 
 take, need not pay, 1 H. & M. 350. 
 
RENT. 471 
 
 RENT, Continued. 
 
 when acceptance of, a waiver of forfeiture for non-payment ; when not, 3 
 H. & M. 436. 
 
 interest not recoverable by way of damages in debt for, 3 H. & M. 463, 470. 
 
 interest may be given in action for, under proper circumstances, 5 M. 21 ; 
 5 R. 571. 
 
 when vendor must pay, for land to vendee from time of contract of sale, 
 5 M. 342. 
 
 when action for,'may be brought on a replevy bond, though it is not a good 
 statutory bond, 6 M. 319. 
 
 when tenant cannot plead to attachment for, that there was not sufficient 
 cause to suspect his removal, 3 E. 148. 
 
 personal judgment cannot be rendered against tenant in such case. At- 
 tachment cannot issue for more than, next due, 3 E. 148. 
 
 property of third person not liable to distress for, 4R. 332. 
 
 when tenant should seek redress for improper distress at law and not in 
 equity, 4 E. 332. 
 
 contract construed not a^ale but a renting, 5 E. 571. 
 
 what just measure of damages'in suit against officer removing goods with- 
 out paying, 2 L. 630. 
 
 liability of surviving partners for, on an agreement by deceased partner for 
 a lease, 6 L. 495. 
 
 action for wrongful distress for, 7 L. 660. 
 
 vendee held owner from day of sale and entitled to the, from that time, 10 
 L. 317. 
 
 suspended in this case from time of destruction of demised premises, 12 L. 
 591. 
 
 trustee chargeable with interest on rents received by him, 3 G. 494. 
 
 when ^ground rent reserved under act of Assembly may he recovered in 
 equity. No interest allowed on ; statute of limitations no bar to recovery 
 of, 4 G. 1. 
 
 when purcl/aser of leased land personally liable to vendor for the, 6 G. 44. 
 
 what, for salt works landlord entitled to in this case, 7 G. 121. 
 
 assignees of old lease taking new one not liable for prior breaches of as- 
 signors, 7 G. 121. 
 
 when assignees liable to lessors for arrears of, 7 G. 121. 
 
 landlord distraining for, reserved in salt can have value ascertained in Su- 
 preme Court' after dismissing case in circuit court. How ascertained, 11 
 G. 411. 
 
 officer levying distress for, if he has not taken enough may make a second 
 levy, 11 G. 411. 
 
 under act March 2, 1827, bears interest from time it was due, 11 G. 411. 
 
 executrix held bound for, hut not for profits, 15 G. 350. 
 
 how rents should be estimated against vendor of land refusing to deliver 
 possession, 26 (j. 36. 
 
 when proper to charge interest on estimated rents, 26 G. 36. 
 
 action for quit rents. To whom they may be paid, J. 14. 
 
472 RENT— EENTS AND PROFITS. 
 
 KENT, Continued. 
 what plaintiff must prove on proceedings on a forthcoming bond given on 
 
 a distress for. 32 G. 769. 
 what judgment may be given if distress warrant was for more than was 
 
 due, 32 G. 769. 
 widow holding mansion house without having dower assigned liable for, 
 
 when, 32 G. 752. 
 when and by whom a receiver may be appointed to collect, 28 G. 144. 
 
 ■ RENTS AND PEOFITS. 
 
 when mortgagor to account for profits of slaves, 1 W. 14. 
 
 mortgagor in possession of mortgaged property must account for, Wy. 188. 
 joint tenant held liable for, Wy. 254. 
 
 when widow allowed, of slaves as against}purcha«e money due by her to hus- 
 band's estate, Wy. 90. 
 
 creditor holding pawn yielding profits must account therefor, Wy. 129. 
 
 what a decree against executor for, should state to prevent its operation 
 against him personally, 2 M. 154. 
 
 account of, may be taken by a commissioner as well as ascertained by a 
 jury, 2 E. 93. 
 
 heir not liable for, accrued before decree subjecting lands to debts of ances- 
 tor, 2 L. 29. ^ 
 
 grantees not liable for, prior to decree declaring conveyance fraudulent, 2 
 L. 29. 
 
 implied equitable lien of vendor for purchase money gives him no claim 
 for, 2 L. 353. 
 
 from what time widow entitled to, on dower laud as against husband's 
 alienee and as against heir, 4 L. 498. 
 
 account of, against a vendee denied specific execution. Error to decree 
 interest on, 5 L. 561. 
 
 emancipated slaves not entitled to, received during illegal detention, 7 L. 
 19. 
 
 how accounts of, taken between tenants in common, 7 L. 720. 
 
 when equity may sequestrate, of incumbered property, 1 G. 289. 
 
 what, cannot be recovered by mortgagor or vendor, 1 G. 289. 
 
 heirs and devisees entitled to, until estate subjected to payment of debts, 
 2 G. 73. 
 
 husband may sue alone for, of land in possession of coparcener with wife, 
 2 G. 98. 
 
 judgment lien does not give title to, before a decree, 2 G. 419, 
 
 mortgagee not obliged to pay, to prior creditor, when, 10 G. 23. 
 
 allowed vendor only from time of filing bill to set aside sale for mistake, 
 when, 3 G 184. 
 
 what account of, directed when real estate of testator subjected to payment 
 of his debts, 3 G. 315. 
 
 how, estimated when partition long acquiesced in is set aside, 4 G. 348. 
 
 executrix held bound for rent but not for profits, 15 G. 350. 
 
 how set off against improvements, 16 Q. 109. 
 
 when vendee can have, set off against purchase money, 17 G. 262. 
 
KENTS AND PKOFITS— REPLEVIN. 473 
 
 EENTS AND PROFITS, Continued. 
 
 equity may sell land to satisfy judgment without directing inquiry as to, 
 when, 25 G. 203. 
 
 how court ascertains whether, of Itind for five years will pay judgment, 
 32 G. 121. 
 
 when party in possession must account for, though allowed for improve- 
 ments, 33 G. 685. 
 
 EENUNCIATION. 
 
 when widow may claim under deed without renounqing vrill. What not 
 
 an election by the widow, 2L. 419. 
 effect of, of a will which gives widow a power of appointment, 6 L. 461. . 
 what necessary to effectually renounce a provision made by will for the 
 
 wife so as to make her a distributee, 8 L 400 ; 12 L. 248. 
 REPAIRS, 
 covenant by lessee to leave in repair binding, though ice destroy property 
 
 during the term, 3 C. 309. 
 question whether proviso as to, was complied with properly left to the jury, 
 
 2 M. 244. 
 what allowed administrator in this case against widow only, and what 
 
 against her and the children, 5 M. 180. 
 when tenant for life or reversioner can have insurance money applied to, 
 
 of building, 2 G. 408. 
 REPEAL, 
 rule when statute making offence a felony is repealed, 2 V. C. 54 ; 5 E. 657. 
 when, of statute operates as a discharge of prisoner, 2 V. C. 382. 
 when statute not a, of former statutes as to offences committed before a 
 
 certain time, 1 L. 569 ; 2 L 727. 
 principles governing, of a statute by implication, 33 G. 696 ; see 29 G. 705. 
 REPLEADER; see Pleading. 
 awarded fi:om the plea, replication being bad, 1 W. 155. 
 not awarded if pleadings all faulty, 1 W. 135. 
 
 awarded if issue taken on improper plea and a verdict found, 1 C. 257. 
 not awarded when if plea had been properly pleaded decision would have 
 
 been the same, 3 C. 248. 
 when allowed in a writ of right, 2 H. & M. 161. 
 
 what defect in declaration good ground for arresting judgment and award- 
 ing a, 3 H. & M. 118 ; 5 M. 98. 
 when in slander verdict for defendant and, granted. Verdict for plaintiff 
 
 not set aside, 3 H. & M. 388. 
 when no boundaries set out in writ of right and defect not supplied a 
 
 repleader awarded, 3 R. 563. 
 verdict on issues made up on faulty pleas set aside and a, awarded, 6 L. 562. 
 
 REPLEVIN ; see Eepledn Bend. 
 when plaintiff may give in evidence award made since distress taken, 2 
 
 W. 71. 
 when an assigned bond not allowed as a set-off in, 2 W. 71. 
 
 60 
 
474 REPLEVIN— REPLICATION. 
 
 REPLEVIN, Continued. 
 
 what evidence, court may hear and for what purpose after verdict in, 1 C. 
 117. 
 
 quxre, if defendant pruys retorno habendo, he can claim judgment for 
 double rent, 1 C. 405. 
 
 wliat a sufficient issue in ; when award discounted against rent, 4 C. 580. 
 
 plaintiff in, may avail himself of set-off on same principle that defendant 
 proves discounts in other suits, 4 H. & M. 491. 
 
 plaintiff in, may plead as many matters of law or fact as he thinks neces- 
 sary, 2 M. 88. 
 
 quxre, whether plaintiff in any action other than, can reply and demur to 
 same plea, 5 M. 1. 
 
 statute of 1823 abolishing, except in distress for rent, construed. Not re- 
 trospective, 3 E. 448. 
 
 before act of 1823, lay at common law for all goods unlawfully taken, 3 
 R. 448. 
 
 defendant cannot plead several pleas in, by our statute. Errors cured by 
 verdict, 3 R. 448. 
 
 tenant not suing in, for unlawful distress not relieved in equity, 2 L. 370. 
 
 an avowry faulty at common law is bad in Va., 2 L. 372. 
 
 when proper to award writ of enquiry to ascertain avowaut's damages, 4 
 L. 412. 
 
 when avowry considered good as a suggestion. When defects in it cured 
 by verdict, 4 L. 412. 
 
 when defendant in suit on a, bond not relievable in equity, 5 L. 359. 
 
 defences in nature of set-off may be set up in the action of, 3 G. 91. 
 REPLEVIN BOND; see B(^lemn. 
 
 when judgment should be against surety on, 1 W. 70. 
 
 taken on execution is a satisfaction of original judgment, 1 W. 92. 
 
 second execution cannot issue while, taken on first is in force, 1 W. 92. 
 
 errors in, corrected in inferior, not appellate court, 1 W. 303. 
 
 quashed when comlnissioners improperly take it, 2 "W. 50. 
 
 if signed by original lessee is good though he does not own property dis- 
 trained, 2 "W. 54. 
 
 taken on property distrained for rent, where returnable, 2 W. 54. 
 
 cannot be taken by landlord, only by an officer, 2 W. 54 ; 1 M. 596. 
 
 supersedeas will not lie when executien is improperly issued on a, 2 W. 194. 
 
 executors may bring debt on a, payable to testator, 1 C, 243. 
 
 infant becoming surety on, is not bound, 2 C. 70. 
 
 what not a good, under the statute, 3 C. 193. 
 
 act does not allow motion on a three months', against the executors of the 
 obligors, 3 C. 193. 
 
 how judgment rendered for interest on a three months', 3 M, 277, 
 REPLICATION ; see Pleading. 
 
 to a plea being bad, a repleader awarded, 1 W. 155. 
 
 to answer being omitted, admits all facts in answer, 1 W. 162 ; 5 M. 467. 
 
 and plea being both insufficient, court wUl give judgment for plaintiff, 1 C. 
 257; 3 H. & M. 388; 2 M. 511 ; 4 M.104. 
 
REPLICATION— KESCISSION. 475 
 
 REPLICATION, Continued. 
 to avoid plea of startiute of limitations by a former suit, should state it 
 specially, 3 C. 1, 
 1 a general, to a special plea is sufficient after verdict, 6 C. 77. 
 •what considered a general, to five pleas pleaded, 4 M. 60. 
 in suit by two if, be in behalf of one only, judgment will be for defendant 
 
 unless plaintiffs amend, 4 M. 205. 
 when in debt on bond with condition, the condition should be set out in 
 
 the, 4 M. 205. 
 qusere, can general, and a demurrer be put in by plaintiff in other actions 
 
 besides replevin, 4 M. 466 ; 5 M. 1. 
 when plaintiff must set forth award and aver breach of condition of bond 
 
 in a special, 5 M. 246. 
 it is error for plaintiff to reply and demur to the same plea, 1 E. 277. 
 what, by administrator of surviving partner to plea of payment must aver, 
 
 1 E. 277. 
 where plea concludes with verification there cannot he a joinder in issue 
 
 without a, 6 E. 20. 
 plea properly rejected if defendant refuses to join in issue tendered by the, 
 
 1 L. 473. 
 when, which concludes with a verification by the record bad, 2 V. C. 501. 
 attorney for commonwealth allowed to withdraw joinder in demurrers and 
 
 amend, 2 V. C. 501. 
 when, disaffirms whole substance of plea, it may conclude to the country, 
 
 5 L. 268. 
 if defendant commit first fault he cannot complain of fault in pleading of 
 
 plaintiff, 7 L. 68. v 
 
 what, in trespass not a departure in pleading, 2 GL 219. 
 when proper to allow plaintiff to amend, 7 G. 385. 
 when plaintiff allowed to reply the facta to plea of no award, 8 G. 79. 
 good though not having formal commencement and conclusion of an 
 
 estoppel, 10 G-. 198. 
 act of 1844 as to pleading usury applicable to, to plea of set-off, 10 Gt. 221. 
 essential qualifications of a ; held bad in this case, 2 P. & H. 424. 
 if defendant plead several matters in one plea plaintiff may reply gener- 
 ally, 24 G-. 138. 
 RESCISSION ; see Contract ; Specific Performance. 
 of a contract to buy land to sell to another, 6 C. 211. 
 of contract for mutual mistalce ; of an agreement must be entire, 3Ij. 113.. 
 equity will refuse, of contracts in many cases where it would refuse to dcr 
 
 cree specific performance, 3 R. 504. 
 contract ought not to be rescinded except in cases of fraud or palpable mis- 
 take, 3 E. 504. 
 of contract for sale of land, vendor having no title, 6 E. 552. 
 equity will not decree, of contract merely on ground of ignorance of law, 
 
 6 E. 594. 
 party fraudulently conveying property to hinder creditors cannot^generalljT 
 .get, of conv^anc^ 8 L. 510, 
 
476 RESCISSION— REVENUE. 
 
 RESCISSION, Continued. 
 what vendee in possession of land must show to get, of contract of sale, 8 
 
 L. 658. 
 when, of sale of land under a deed absolute on face, but in fact a mort- 
 gage, decreed, 1 Rob. 148. 
 decree rescinding contract of sale of land for delay in giving title, affirmed, 
 1 Rob. 478. 
 RESIDXJAEY CLAUSE; see Will. 
 
 EESIDXJAEY ESTATE ; see Legacy ; Personal Bepresentative ; Will. 
 RESTITUTION, 
 when proceeds of sale by sheriff restored to owner of property sold, 1 "W. 
 
 308. 
 when writ of, issues, 1 "W. 116. 
 what proof necessary to recover money levied on by sheriff on judgment 
 
 which is afterwards reversed, 2 M. 272 ; 4 L. 308. 
 appellate court will, if decree reversed, direct, of money and costs to appel- 
 lant if it has been paidj 3 M. 229. 
 when, of money paid to obligee decreed, 3 M. 488. 
 RETAILING- LIQUORS ; see Ardent Spirits ; Oriminal Jurisdiction and Pro- 
 ceedings; License. 
 what information for, need not allege, 2 V. C. 26. 
 
 to two distinct persons at same ticie and place separate offences, 2 V. C. 26. 
 when judgment of imprisonment for, should not be rendered, 2 V. C. 57. 
 what no ground for arresting judgment on information for, 2 V. C. 76. 
 §13 of act concerning ordinaries does not authorize, 6 E. 681. 
 what surplusage in indictment for, without a license, 5 L. 724. 
 what indictment for, sufficient, 6 L.-634 ; 8 L. 721. 
 when indictment is on §17 of statute of 1833-4 and not on §3, 9 L. 620. 
 name of owners of slaves need not be stated in indictment for, to slaves, 1 
 G. 553. 
 RETAINER. 
 
 when administrator not entitled to retain for simple contract debt due 
 
 him, 1 G. 431. 
 when surviving partner of deceased partner can retain for his debt, 4 G. 
 293. 
 
 RETRAXIT. 
 
 not known in criminal law. What not a, 5 R. 669. 
 
 a discontinuance is not a ; what is a, and how entered, 27 G. 252. 
 
 what not a; when and by whom, can be entered, 27 G. 252. 
 REVENUE ; see Commissioner of the Bevenue ; Lieense ; Taxes. 
 
 what was and was not a forfeiture under laws of 1786, 4 C. 158, 522, 564. 
 
 what party liable for, if he neglect to enter land with commissioner of the 
 land tax, 2 V. C. 258. 
 
 §35 of law of 1877 as to sale of good's by sample construed, 33 G. 898. 
 
 laws of State bind sewing machine company, though it has a patent for its 
 macjhines, 33 G; 898. 
 
 laws of State not in conflict with U. S. Constitution, 33 G. 898. 
 
REVERSION— REVIVOR. 477 
 
 REVERSION ; see Remainder. 
 of -wife In slaves, when right vests in husband, 1 W. 30. 
 ■will not pass under residuary clause in a general devise, 1 W. 96. 
 gift to daughter and children of her body with reversion to grantor, good, 
 
 2 C. 313. 
 what not evidence in writ of right against life tenant and holder of, in fee, 
 
 1 C. 487. 
 
 case of, of land to testator's heirs at law, 3 M. 536. 
 
 when husband may unite with other owners of, in slave in suit for injury 
 done him, 16 G. 393. 
 REVIEW ; see BiU of Eeview. 
 REVIVOR ; see Scire Facias. 
 
 of cause without a scire facias, 1 "W. 154. 
 
 surety in appeal bond released by abatement of appeal unless it is revived, 
 
 2 C. 286. 
 
 injunction abated by death of defendant dissolved unless revived against 
 his representatives, 1 H. & M. 1. 
 
 on death of plaintiff in bill for an injunction it will be dissolved unless 
 suit is revived, 1 H. & M. 203. 
 
 on death of defendant in bill for an injunction it will be dissolved unless 
 suit is revived, 1 H. & M. 204. 
 
 on death of defendant in chancery, suit should be revived against all in- 
 terested under him. 1 H. & M. 330. 
 
 appeal abated at one term by appellant's death and scire facias to revive it 
 issued at next term by his administrator, 2 H. & M. 211. 
 
 appeal abated at March term by appellant's death and scire facias to revive 
 it at October term by his administrator, 3 H. & M. 217. 
 
 when appellee dies, appeal not taken up in name of executors without a 
 scire facias to appellant, 3 H. & M. 501. ' 
 
 scire facias to revive suit in court of chancery can only be served by 
 sheriff or officer, 4 H. & M. 401. 
 
 no, of suit without names of representatives of deceased parties ; process 
 must be executed with due diligence. 4 H. & M. 401. 
 
 to revive suit against absent defendants, there must be process and publi- 
 
 " cation, 4 H. & M. 412, 445. 
 
 suit for personalty of wife brought by husband and wife should not be re- 
 vived on his death, 4 H. & M. 452. 
 
 a bill of, unnecessary where a mere revival of the suit is sought, 4 H. & 
 M. 480. 
 
 objections to a scire facias to revive a suit should be by plea or demurrer, 
 471. &M. 480. 
 
 party on whom process to revive is served allowed one term from return 
 day to prepare for trial, 4 H. & M. 480. 
 
 executors or administrators may waive right to wait until term after pro- 
 cess to revive is returned, for trial, 4 H. & M. 489. 
 
 when defendant may plead to scire facias to revive a decree th^t original 
 , contract was usurious, 4 H. & M. 504. 
 
478 REVIVOR— REVOLUTION, 
 
 EEVIVOE, Continued. 
 appeal from, or supersedeas to, order quashing execution against two defen- 
 dants need not be revived against representatives of one who dies, 1 M. 
 
 269. 
 process of, not necessary in Court of Appeals if appellee dies between ver- 
 dict and judgment, 2 M. 336. 
 when administrators of insane person cannot object in appellate court to, 
 
 of suit against them, 6 M. 218. 
 writ of right abating by death of tenant in 1812 could not be revived, 2 
 
 L. 16. 
 order in regard to, of suit in chancery in this case held erroneous, 2 L. 145. 
 revival of action of detinue against defendant's executor, 6 L. 42, 344. 
 what pleas may be pleaded de novo on revival of personal action against 
 
 defendant's personal representative?, 7 L. 325. 
 when bill for partition should be revived in name of executor of plaintiff, 
 
 7 L. 720. 
 one appellant dying after appeal perfected in appellate coUrt, either party 
 
 may have it revived, 4 G. 150. 
 when defendant in unlawful entry and detainer dies iDending appeal by 
 
 plaintiff, cause cannot be revived, 4 G. 86. 
 what delays in chancery cause will not deprive party of right to revive 
 
 and prosecute it, 4 G. 348. 
 creditor may subject lands in hands of donee of debtor though decree 
 
 against debtor has not been revived, 6 G. 119. 
 when case in Court of Appeals may be revived when it goes back to lower 
 
 court, 7 G. 76. 
 act 1 E. C. ch. 128 §65 as to scire facias to revive a judgment construed, 7 
 
 G. 202. 
 when judgment on a scire foMos to revive a judgment becomes final, 7 G. 
 
 202. 
 how proceedings to recover damages against Upper Appomattox Company 
 
 revived, 11 G. 1. 
 pendency of injunction to a judgment does not prevent its revival. Effect 
 
 of injunction on revived judgment, 11 G. 190. 
 how suit for partition revived in this case on death of plaintiff, 22 G. 493. 
 suit should be revived against heirs and representatives specifically and 
 
 not in their general character, Wy. 95. 
 right of, is a statutory right. Suit could not be revived in name of com- 
 mittee of a lunatic in 1824, 1 P. & H. 1. 
 proceedings may be revived against heirs of party resisting application for 
 
 leave to build a mill, 2 P. & H. 608. 
 
 KEVOLUTION. 
 does not abolish all laws, 6 C. 245. 
 to what oflicer of State during, entitled under act of May, 1779, 1 L. 
 
 516, 525 ; 9 L. .36. 
 when neither act of limitations nor lapse of time applies to revolutionary 
 
 claim, 1 L. 525. 
 
REVOLUTION— EOAD. 479 
 
 EEVOLUTIOjST, Omtinued. 
 when officer not entitled to half pay under ch. 6 of act of May, 1779, 9 L 
 
 56; 2G. 391. 393. 
 when officer allowed commutation instead of half pay, 9 L. 36. 
 act of Congress of July, 1832, construed, 9 L. 36. 
 remedy of executor of officer when claim improperly paid to his widow, 10 
 
 L. 597. 
 claim for half pay as surgeon's mate in revolutionary war rejected, 9 Gr. 
 
 693. 
 as to half pay of officer becoming a supernumera^ after act 1778, 9 G. 693. 
 half pay allowed revolutionary officer, Wy. 243. 
 RICHMOND; see Corporation. 
 may tax lawyers. How tax may be laid, 23 G. 464. 
 authority of, to require lot owners to pave sidewalk, 31 6. 571. 
 authority of, to impose license tax on carts of peroon living out of the city, 
 
 31 G. 646. 
 what street, has not authority to allow railroad to use, 31 G. 685. 
 when owner cannot revoke dedication of street in, 31 G. 685. 
 ordinance of, as to selling liquor on Sunday does not prevent prosecution 
 
 under act of 1874, 31 G. 887. 
 what not sufficient to show dedication of street in, 24 G. 149. 
 council of, may impose license tax on foreign telegraph company, 26 G. 1. 
 council of, may prohibit E. F. & P. E. E. Co. from running engines on 
 
 streets, 26 G. 83. 
 
 EIOTS. EOUTS, &c. 
 
 case under act concerning, deciding various points, 2 V. C. 268. 
 EIPAEIAN EIGHTS; see Biver. 
 ErVEE ; see Bridge ; Ferry. 
 bed of navigable, cannot be granted, 4 C. 441 ; 27 G. 430. 
 if not navigable, owners on each side own bed to middle of stream, 4 C_ 
 
 441. 
 Eappahannock is probably navigable at Falmouth, 4 C. 441. 
 riparian rights, 27 G. 430. 
 ROAD ; see Highway ; Turnpike. ^ 
 
 when established without a view. When though no order of court found, 
 
 4 C. 374. 
 grant of right of way does not convey soil, only way over it, 4 C. 441. 
 records are the regular proofs of a public, 5 C. 548. 
 partial obstruction of, an abateable nuisance, 6 M. 308. 
 mill owner has right to have county court appoint viewers of a, to his 
 
 mill, 2 V. C. 59. 
 what presumptive evidence only that, is public, 2 V. C. 135. 
 when county must pay expense of opening, to a toll bridge, 1 E. 50. 
 when concurrent judgments of county and superior courts affirmed on 
 
 application to turn a, 5 E. 446. 
 when purpose for which, wanted need not be stated in petition. What 
 
 waiver of objection, 3 L. 675. 
 
480 EOAD— ROBBERY. 
 
 ROAD, Continued. 
 pheiiff need not give defendant notice of day of inquest. Court cannot 
 
 order gates erected on a new road, 3 L. 675. 
 if it does not appear that viewers were properly sworn, error is fatal, 5 L. 
 
 611. 
 court can set aside order made at former term on sudimafy motion to alter, 
 
 6 L. 457. 
 when judge can on his own knowledge reject petition for a new. 6 L. 457. 
 construction of act of April 16, 1831, as to appeals in controversies con- 
 cerning roads, 1 Eob. 263, 
 when appeal from order of county court affirming report of commissio/iers 
 
 not demandable of right, 1 Kob. 263. 
 in controversies as to, no appealer supersedeas lies from interlocutory order 
 
 of county court, 3 G. 312, 313. 
 when appeal as of right exists from order of county court in case as to, 3 
 
 G. 313. 
 authority of county court to establish. It may authorize an individual 
 
 to open, 5 G. 265. 
 what record of county court professing to act under act of 1819 must show, 
 
 6 G. 138. 
 how damages for opening, assessed. "Who pays costs and damages. Who 
 
 may be viewers, 6 G. 138. 
 when court failing to direct damages to be paid contestant, may reinstate 
 
 cause, 6 G. 138. 
 use of by the public no matter for how long does not make it a public 
 
 road, 8 G. 632. 
 permission by owner to public to use, is a revocable license, 8 G. 632. 
 dedicated to public must be accepted by county court on its records to 
 
 make it a public road, 8 G. 632. 
 when action of county court is an acceptance of, as a public, 8 G. 632, 
 county court may discontinue a public, before it is opened. Appeal lies 
 
 of right from such order, 9 G. 260. 
 proceedings to establish, in this case held good, 27 G. 910. 
 what provisions of statute as to, merely directory. When objection to 
 
 report must be made, 27 G. 910. 
 when there may be an appeal as of right from order of county court as to 
 
 establishment of a ; when order of county court final, 27 G. 910, 
 order to view held sufficient. Keport of viewers under the statute, 21 G. 
 
 164. 
 when surveyor indictable for not keeping, in repair, 9 L. 657. 
 what indictment and proceedings for building fence across, good, 1 Rob. 
 
 727. 
 what need not be alleged in indictment against overseer for not keeping, 
 in repair, 1 G. 555. 
 ROBBERY ; see Oritninal Jv/risdiction and Proceedings. 
 < in indictment for, prisoner may be convicted of assault and battery, 17 G. 
 592. 
 what is and what is not, of a pistol, 25 G. 943. 
 
EOWLETT'S'^IbLES— RULES, 481 
 
 ROWLETT'S TABLES, 
 calculation of interest by, on discount of note, does not make transaction 
 usurious, 8 L. 238. 
 KOYAL ASSENT. 
 when inferred ; when presumed to have been proved ; form of, to act of As- 
 sembly, 4 C. 570. 
 
 RULES, 
 construction of statute 1 R. C. ch. 128, §69, 11 L. 433. 
 how and when errors made at, corrected, 12 G. 312. 
 when clerk may take the, as if no oyer had been craved, 16 G. 295. 
 
 61 
 
482 SA:pE. 
 
 s. 
 
 SALE; see Deed of Trust; Execution; Foreclo8v/re ; Mortgage; Purchaser ; 
 Trustee ; Vendor and Vendee ; Warranty. 
 
 1. In Genkeal. 
 
 2. Conditional. 
 
 3. Foe Taxes. 
 
 4. When Valid. 
 
 5. When not Valid. 
 
 6. Judicial. 
 1. In Geneeal : 
 
 when legal rights not lost by a, unless there be fraud, 1 W. 212. 
 
 when and in whose favor a, will and will not be set aside, 2 C. 218. 
 
 when party cannot recover for money paid for counterfeit certificate, 2 C. 
 241. 
 
 purchaser must enquire as to title when executor sells land only as testa- 
 tor held it, 3 C. 558. 
 
 when suit may be brought against absent defendant to confirm a, 4 C. 245. 
 
 sheriff is not entitled to commissions unless, is actually made, 5 C. 569. 
 
 act of Feb. 1, 1808, applied to all sales made after it went in force, 4 H. & 
 M. 402. 
 
 when valuation by commissioners of property decreed to be sold not set 
 aside, 4 H. & M. 402. 
 
 qusere, as to power to decree, of land to satisfy bond or simple contract 
 creditor, 1 M. 437. ^ 
 
 when vendor incompetent witness (jo establish lines of land, 1 M. 600. 
 
 decree directing sale of lands by executor to pay debts is interlocutory, 2 
 M. 42. 
 
 quxre, if deed of land sold under a decree conveys title without a decree 
 confirming, 2 M. 167. 
 
 when purchaser not entitled to compensation for deficiency, 2 M. 179. 
 
 executor allowed discretion as to, of perishable assets, 3 M. 288. 
 
 for what lands vendor must make compensation under covenant of gen- 
 eral warranty, 3 M. 317. 
 
 when, of land decreed on bill by vendor against purchaser for specific per- 
 formance, 3 M. 317. 
 
 when court considers sale by executor to be by the acre and not by the 
 tract, 4 M. 332. 
 
 right of stoppage in transitu after sale of personal property, 5 M. 34. 
 
 agreement of, for price to be fixed afterwards, too uncertain to be carried 
 into execution, 5 M, 396. - 
 
 when conveyance of land sold by executor with consent of devisees, de- 
 creed, 6 M. 265. 
 ' when vendee not bound to pay purchase money until vendor makes con- 
 veyance, 6 M. 170. 
 
 when vendee not bound to accept a conveyance from vendor's heirs, 6 M. 
 170. 
 
SALE. 4M 
 
 SALE, In Geneeal, Continued. 
 when vendor of slave entitled to possession of slave notwithstanding, 6 M. 
 
 231. 
 agreement by vendor and derivative purchaser to pay vendor, subject to 
 
 same limitations as if it was an agreement to pay moiiey to veiidee him- 
 self, when, 6 M. 439. 
 when land not subject to lien in favor of creditors not decreed sold to pay 
 
 them, 6 M. 432. 
 when executors should be parties to suit to foreclose mortgage on lands 
 
 devised to be sold, 6 M. 520. 
 when vendor of personal property liable and not liable for quality of thing 
 
 sold, 4 E. 5. 
 in sale of chattels constructive delivery sufficient to pass right of property, 
 
 6 E. 473. 
 whether, is by th^ acre or in gross is a question of intentioii of the ;^arties, 
 
 5 L. 39, 59. 
 V sales at auction in general are within the statute of frauds, 6 L. 16. 
 what circumstances show contract a sale and not a mortgage, 10 L. 592. 
 party claiming title to property taken in execution may enjoin, 3 M. 99, 
 
 559. 
 when, of slaves specially bequeathed, under an execution, enjoined, 5 M. 
 
 103, 175. 
 when injunction of, until further order of court prevents a sale under an 
 
 execution, 5 M, 187. 
 when, under a deed of trust enjoined on payment of interest, 5 M. 495. 
 under execution not enjoined on application of prior incumbrancer, 3K. 25. 
 when, of slaves under execution enjoined in favor of prior claim ; when 
 
 not, 3 E. 170. 
 of personal property under a deed of trust not enjoined in favor of third 
 
 person claiming it, 3 E. 586. 
 when if trustee dies pending suit chancellor may direct sale by marshal, 
 
 4 E. 164. 
 if proceedings under execution wholly void no title passes by a, imder it, 
 
 4 E. 427. . , 
 
 qnestion whether grantor's possession of personal property after a, is fraud- 
 ulent per se, examined, 6 E. 285. 
 when equity will not enjoin collection of purchase money unless Jiurchaser 
 
 evicted, 9 L. 556. 
 when under a contract of, property does not pass to the buyer, 7 G. 240. 
 when principals bound by representations of agent in making a, 7 G. 352. 
 equity will enjoin, when title to property is in dispute; Gil. 130. 'i 
 
 purchaser's rights in respect to title on a, of real estate, 14 G. 102. 
 when a, is in gross and when by the acre, 19 G. 720 ; 21 G. 132, 
 when, is in gross purchaser not eiititled to abatement in purchase money, 
 
 21 G. 132. , 
 
 what constitutes a, of personal property. When title passes, 13 G. 105 ; 
 
 15 G. 434. , 
 
 salt delivered to bdatmaii of buyer is buyer's salt„ 13 G. 454. 
 
484 ' SALE. 
 
 SALE, In Geneeal, Continued. 
 trustee held to be a purchaser of goods for value without notice, 13 G. 427. 
 ■what necessary to constitute fraud in a, by vendor, 15 G. 572. 
 ■when purchaser can hold telegraph company for wrong delivery of order, 
 
 for goods, 15 G. 122. 
 •when vendor may resell goods at vendee's risk, 18 G. 785. 
 what necessary to constitute a warranty of article sold, 15 G. 572. 
 case in which grantor did not have lien for purchase money, 13 G. 615. 
 vendor retaining title can subject land for purchase money until it is paid, 
 
 15 G. 300. 
 when purchaser not liable for application of purchase money by executors 
 
 selling under a power, 13 G. 587 ; 15 G. 11. 
 when purchaser bound to enquire if testator's debts have been paid, 21 G. 
 
 446. 
 when title to chattel vests in vendee. When vendor can recover it from 
 
 innocent purchaser from vendee. When he cannot; 31 G. 664. 
 seller liable for damages caused by unfit timber in tobacco boxes sold by 
 
 him, 32 G. 518. 
 rights and liabilities of seller and buyer of personal chattel. When there 
 
 is or is not warranty of it, 32 G. 518. 
 effect of purchase by one joint tenant of whole property, 33 G. 473. 
 as to right of agent of sewing machine co. to sell without license, 33 G. 
 
 898. 
 
 2. Conditional : 
 
 what is a, and not a mortgage, 1 C. 280 ; 10 L. 251 ; 2 G. 38. 
 
 scrivener cannot turn, into a mortgage, 1 C. 280. 
 
 whether conveyance is a mortgage or a, 2 C. 421 ; 2 M. 40. 
 
 when buyer of slave liable and when not for injury to slave bought condi- 
 tionally, 3 M. 310. 
 
 qumre, whether instrument in this case was a mortgage or a, 1 R. 121. 
 
 qusere, whether transfer of stock in this case was a security or a, 2 L. 161. 
 
 bill of sale to and contract by vendee to return slave if purchase money 
 paid him, held a, 6 L. 434. 
 
 what not a, but a mortgage, 24 &. 368. 
 
 how court determines whether contract is a mortgage or a, 29 G. 27. 
 
 3. Fob Taxes : / 
 
 what not sufficient to divest title of original owner in land sold for taxes 
 
 2 L. 329. 
 relief given in equity to infant whose land was sold for taxes as property 
 
 of an other, 1 M. 419. 
 what evidence necessary to support title of purchaser from marshal of 
 
 land sold for taxes, 4 M. 431. 
 when land is sold for taxes by deputy sheriff it must be proved he was 
 
 deputy and his principal was sheriff, 3 E. 473. 
 what purchaser of land at sale for taxes must show, 4 R. 585 ; 1 L. 231 ; 
 
 2 L. 329. 
 deputy sheriff may sell land for taxes under act 1813-14, 2 L. 329 ; 7 L. 22. 
 officer making sale is alone competent to convey land, 7 L. 22. 
 
SALE. 485 
 
 SALE, Foe Taxes, Continued. 
 
 ■what party claiming title under deed of collector for land sold for taxes 
 under an act of Congress must show, 5 G. 120. 
 
 ■what deed for land sold for taxes under act Feb. 9, 1814, must show, 10 G. 
 421j 11 G. 516. ' 
 
 what parol proof inadmissible in such case. For what a defective deed 
 evidence, 10 G. 421. 
 
 what purchaser at, need not prove, 10 G. 445. 
 
 authority of county court under Code 1860 ch. 37 §15 as to tax sales, 12 
 G. 266 ; 13 G. 523. 
 
 rights of purchaser at tax sale while his title is in dispute, 13 G. 523. 
 
 how land conveyed if commissioner removed before he made deed to pur- 
 chaser, 13 G. 523. 
 
 what deed for land sold for taxes invalid, 13 G. 523 ; 25 G. 261. 
 
 if taxes are tendered or paid before sale it is void, 18 G. 100 ; 19 G. 59. 
 
 how land sold for taxes redeemed and recovered, 18 G. 624. 
 
 when commissioners selling land for taxes most buy for U. S., 18 G. 830. 
 
 what certificate of oommissioners selling land for taxes under act of Con- 
 gress must show, 18 G. 830. 
 
 what a redemption of land sold for taxes, 25 G. 261. 
 
 Code 1873 eh. 38 §§18, 19 as to, construed, 28 G. 883. 
 
 effect of a sale for taxes. What title passes, 32 G. 12. 
 4. When Valid : 
 
 made by trustees under private act of Assembly for paper money, held 
 good, 1 C. 524. 
 
 for what only agreement for, of lands disturbed in equity, 3 H. & M. 288. 
 
 in this case good against creditors though property left in debtor's posses- 
 sion, 3 M. 559. ^ 
 
 what not sufficient cause for setting aside, at auction by commissioners 
 under a decree, 4 M. 124. 
 
 should not be set aside for smallness of price occasiotted by complainant's \ 
 acts, 4 M. 316. 
 
 vendor obtaining judgment for purchase money cannot afterwards have 
 sale set aside, 4 M. 332. 
 
 what held a complete and concluded contract of, 6 M. 83 ; 6 E. 473. 
 
 by trustee cannot be set aside because he was an alien, 6 M. 305. 
 
 advertised to be on the premises and being, very near them held good in 
 this case, 6 M. 305. 
 
 what title purchaser from sheriff gets if he sell the title he had a right to 
 sell. What a sale subject to deed which was not a lien, 4 E. 208. 
 
 fair purchaser at sheriff's sale gets valid title notwithstanding improper 
 conduct of officer, 4 E. 427. 
 
 an established usage constitutes the common understanding of parties as 
 to a contract of, 4 E. 427. 
 
 sale and not a gift inferred from evidence in this case, 3 L. 147. 
 
 of chattels good against creditors of vendor, if vendee take possession be- 
 fore creditors' rights attach, 4 L. 535. 
 
 what, valid within the statute of frauds, 7 L. 165. 
 
486 ■ SALE. 
 
 SALE, "When Valid, Contimued. 
 
 niadie by executors who*liad no right to sell land, good under the circum- 
 stances, 11 L. 342. 
 
 of chattels though void for fraud as between vendor and vendee, good as 
 to bona fide purchaser, 6 G. 268. 
 5. When not, valid: 
 
 of lost certificate, though to bona fide purchaser, does not convey title, 1 
 C. 500. 
 
 vfhen, the transactions not being in writing, the statute of frauds may be 
 pleaded, 2 C. 218. 
 
 a bond for the sale of an office is void, 3 C. 215. 
 
 when, of land by one executor, under power given to executors, is void, 5C. 
 248, 407. 
 
 when land bought by administrator at his own, ordered resold, 1 H. & M. 
 519. 
 
 if geller did not do what was necessary to consummate contract of, it is not 
 in equity binding on tbe parties, 2 M, 298. 
 
 bill of, of slaves by executor retaining possession void as to legatees, cred- 
 itors, &c., 3 M. 1. 
 
 by agent employed to sell land, void for fraud of agent, 3 M. 232. 
 
 when defendant decreed to divide slaves cannot buy them at sale by sheriff, 
 4 M. 251. 
 
 of land by trustees under a decree in chancery, held invalid as not pur- 
 suing decree, 4 M. 251. 
 
 of part of laud rescinded and partition made of the whole tract, 4 M. 328. 
 
 by executor to himself annulled, 5 M. 180. 
 
 of mortgaged lands set aside because of agreement between purchaser and 
 owner of land, 5 M. 423. 
 
 when act of February 1, 1808, as to, under executions applied to sale by 
 commissioners, 5 M. 423. 
 
 of a lease cancelled because of concealment by vendor, 6 M. 210. 
 
 rescinded on just compensation being made, 6 M. 261. 
 
 contract for, of land rescinded on account of mistake by both parties, 6 M. 
 283. 
 
 by trustee set aside, requisitions of deed of trust not being complied with, 
 6 M. 358. 
 
 by executor of assets for his-own use set aside, purchaser knowing facts, 
 2 E. 294. 
 
 when, by sheriff to self set aside, 4 E. 199. 
 
 by trustees set aside because idebfs not ascertained, or due advertisement 
 not made, 5 L. 370. 
 
 by marshal in different manner than directed by decree, irregular, 6 L. 
 196. 
 
 what, of slave fraudulent as against a subsequent purchaser, 6 E. 78. 
 
 made upon false representations Or suppressions by vendors, void, 7 G. 352. 
 6. Judicial. _ • 
 
 quasre, whether regular to direct profcoeds of Sale to be paid plaintiff be- 
 fore it is confirmed, 6 M. 484. 
 
SALE. 487 
 
 SALE, Judicial, Continued. 
 
 purchaser at, under decree jiiot affected by change in value of land before 
 sale is confirmed, 10 L. 317. 
 
 confirmation relates back to sale itself, 10 L. 317. ' 
 
 purchaser at, can only get relief for defects of title, by resisting confirma- 
 tion of, 2 G. 198. 
 
 on decree enforcing vendor's lien, should be on reasonable credit, 6 G. 44. 
 
 when though decree of sale does not direct conveyance, confirmation of 
 commissioner's report gives good title, 6 G. 107. 
 
 possession of, original o\ftier from time of, to final decree not adverse to 
 purchaser, 6 G. 107. 
 
 in cause by creditor against executor when devisees not parties, does not 
 pass legal title, 6 G. 320. 
 
 when decree directs sale to be on premises, it should not be made else- 
 where, 6 G. 339. 
 
 when, void against conveyance directed in another suit before sale was 
 made, 9 G. 336. 
 
 when claim of purchaser at, who is a party to suit, falls with reversal of a 
 decree in his favor, 10 G. 164. 
 
 what purchaser at sale of commissioner of delinquent lands need not prove ; 
 it is in nature of a judicial sale, 10 G. 445. 
 
 time given by court to perfect title. When purchaser at, competed to 
 complete purchase, 13 G. 195. 
 
 made when but one bidder present set aside, 13 G. 639. 
 
 court will confirm or set aside, on the merits of the objection, 13 G. 639. 
 
 how purchaser of infant's land at private sale under decree will be treated, 
 15 G. 551. 
 
 when and how purchaser at, may object if legal title outstanding. Defect 
 cured in this case, 19 G. 720. 
 
 what a sale in gross. When purchaser not liable for disposition of pur- 
 chase money, 19 G. 720. 
 
 when investment of proceeds by commissioner appointed to sell land held 
 to be at bis risk, 20 G. 1. 
 
 title of all parties to the suit passes by deed after a, 21 Gr. 313. 
 
 who is a Dona fide purchaser without notice at a, 21 G. 313. 
 
 when sale made two years after decree valid, 21 G. 373. 
 
 when purchaser at, excused for delay, 21 G. -373. 
 
 when payments made commissioner valid, though he has not given bond, 
 
 21 G, 373. 
 
 mode of proceeding on application to open biddings ; sale confirmed, 21 G. 
 
 430. 
 decree to sell under deed of trust should direct sale according to terdis of 
 
 deed, 21 G. 334 ; 26 G. 903; 33 G. 685. 
 of land in suit for partition cannot be questioned in collateral suit, whien, 
 
 22 G. 493. 
 
 when saleby agreement of parties is a, 22 G. 493. 
 
 what a sale with reference to Confederate money as a standard, 23 G. 724, 
 
488- SALE. 
 
 SALE, Judicial, Continued. 
 
 what not a valid tender by purchaser at ; what purchaser allowed to do in 
 this case, 23 G. 724. 
 
 when purchaser of lot at a, takes it free from easement attached to ad- 
 joining lot, 23 G. 1. 
 
 when a decree of sale and deed null and void. When owner's legal title 
 divested, 23 G. 409. 
 
 what not good cause for avoiding, and ordering a resale, 23 G. 494, 691. 
 
 what valid objections to, and sale set aside, 23 G. 691. 
 
 when purchase money must be paid in U. S. currency, 23 G. 691. 
 
 what, of land proper in this case, 23 G. 893. 
 
 when failure to have accounts of debts taken no ground of objection to, 23 
 G. 835. 
 
 it is not error per se to decree sale without giving debtor time to redeem, 
 23 G. 835. 
 
 when, of land for Confederate money proper, 23 G. 835. 
 
 set aside in this case for want of necessary parties, 23, G. 857 ; see 29 G.46. 
 
 duties and liabilities of purchaser at a, 24 G. 302. 
 
 of infant's lands held valid in this case, 24 G, 302. 
 
 when court presumed to know purchase money was paid in Confederate 
 money and to have sanctioned it, 24 G. 347. 
 
 in suit for partition and for Confederate money, sustained, 26 G. 500. 
 
 what necessary to authorize sale of infant's lands in suit for partition, 26 
 G. 517. 
 
 error^ for which, of infant's lands will be set aside. Duties and liability 
 of purchaser, 26 G. 517. 
 
 when payment of bonds taken at a, cannot be made in Confederate money, 
 
 26 G. 549, 729. 
 
 what constitutes a sale a judicial sale, 26 G. 746. 
 
 when, made before account of debts taken not set aside, 27 G. 479. 
 
 set aside. Principles governing courts in confirming or setting aside, 27 G. 
 479, 812. . 
 
 set aside as to life tenant is set aside in toto. Auctioneer at, cannot act for 
 bidder, 27 G. 812. 
 
 when commissioner guilty of breach of trust in selling land for Confede- 
 rate money, 27 G. 824. 
 
 a commissioner directed to file bonds with his report has no right to col- 
 lect them, 27 G. 824. 
 
 ■vyhen purchaser at, entitled to possession of property. When not, 28 G. 
 
 yn. 
 
 it is error to decree sale of land before taking account of liens, 25 6. 104 ; 
 
 27 G. 922 ; 28 G. 646 ; 33 G. 567. 
 
 when purchaser at, may object to it. Relief given for deficiency in land, 
 
 28 G. 698. 
 
 when it is doubtful how much land commissioner sold, sale will be set 
 aside, 28 G. 850. 
 
BALE. 489 
 
 SALE, Judicial, Continued. 
 when parties coming in after decree reversed in part may object to, 29 G. 46. 
 as to filing, correcting, excepting to and confirming commissioner's report 
 
 of sale, 29 G. 46. 
 for Confederate money held invalid, 29 G. 46. 
 as to rights of purchaser at, 29 G. 99. 
 
 when purchaser at, should object to same. When too late, 29 G. 347. 
 what court should do before ordering resale to pay purchase money of 
 
 formearsale, 29 G. 347. 
 how land resold by court on failure of purchaser to pay purchase money, 
 
 29 G. 347, 669. 
 
 whether whole tr.ict should be sold or sale should be in parcels rests with 
 
 the court, 29 G. 347. 
 payment in Confederate mouey by purchaser at, held good, 29 G. 462. 
 when decree setting aside, for inadeq[uacy of price erroneous, 29 G. 474 . 
 if purchaser at, pay commissioner who has not given bond, both he and 
 
 the laud are liable, 26 G. 746 ; 29 G. 598. 
 when court has jurisdiction ; validity of, cannot be collaterally questioned, 
 
 31 G. 491. 
 how purchaser compelled to comply with its terms, 2 P. & H. 483. 
 how his bonds collected. When error to order resale, 2 P. & H. 483. 
 if ordered to be made by two commissioners, sale by one is irregular, 2 P 
 
 & H. 483. 
 when land sold without directing inquiry as to rents and profits, 25 G. 203 ; 
 
 30 G. 531. 
 
 when error to decree sale of land in suit by vendor's administrator to sub- 
 ject it for purchase money, 25 G. 448. 
 
 conditions on which, may be set aside, 25 G. 448, 
 
 when premature to sell land before accounts taken and dower assigned, 
 27 G. 922. 
 
 when error to decree sale before creditor in trust deed made a party, 28 
 G. 646. 
 
 what necessary before decree for sale of land to satisfy judgments, 28 G. 
 815 ; 30 G. 515. 
 
 when owner of legal title to land should be made a party before sale, 28 
 G. 815. 
 
 when court may sell land lying out of the State if conveyed by a deed of 
 trust, 28 G. 850. 
 
 when court will sell land though trustee not a party, 28 G. 850. 
 
 what decree for sale of land sufficiently certain, 28 G. 850. 
 
 when land sold to pay purchase mouey, there being judgments against it, 
 
 31 G. 1. 
 
 how land in possession of devisees, sold to pay debts of testator, 31 G.601, 
 principles governing courts in Va. as to opening bids and ordering a re- 
 . sale, 32 G. 454. 
 persons desiring parts of land may buy whole at,, and are bound to divide 
 
 as agreed between them, 32 G. 454. "»■ 
 
 principles governing equity as to, of debtors lands to pay debts, 33 G. 567. 
 
 63 
 
490 SALE— SCIRE FACIAS. 
 
 SALE, Judicial, Continued. 
 
 court may order property of consolidated railroads sold as a whole, 33 6. 
 586. 
 
 error to decree, of infant's lands withoilt answer filed by guardian ad litem, 
 33 G. 548. 
 
 error to decree sale of land of surety before enquiry as to whether princi- 
 pal has not land first liable, 33 G. 548. 
 
 SALVAGE, 
 when if ship stranded to avoid capture, owner is entitled to, on cargo, 4 
 
 C. 346. 
 SAMPLE, 
 act 1870-71 p. 193 as to sales by, construed, 23 G. 935. 
 act of April 30, 1874, as to licenses of sample merchants construed, 26 G. 
 
 988. 
 SCALING DEBT; see Confederate Money; Paper Money. 
 what contracts embraced in act March 3, 1866, as to, 22 G. 313, 550. 
 when agreement as to mode of, conclusive on parties, 22 G. 402. 
 bonds in these cases scaled as of their dates, 22 G. 461, 609 ; 24 G. 219. 
 bonds given at judicial sale scaled after judgments obtained on them, 22 
 
 G. 466. 
 how contracts scaled in these cases, 22 G. 519, 364 ; 23 G. 809. 
 what payments by guardian are, or are not, to be scaled, 23 G. 366. 
 when part of a debt evidenced by bond may be scaled, 23 G. 551. 
 when money received by sheriff not scaled, 23 G. 825. 
 when party alleging' improper scaling of debt not relieved, 23 G. 518. 
 debt scaled as of its date. 24 G. 368; 25 G. 314, 427. 
 how debts scaled, 24 G. 484; 25 G. 232; 26 G. 188, 455. 
 when personal representative charged with Confederate money received at 
 
 its scaled value, 25 G. 795. 
 note made in 1863 in renewal of one made in 1861 not scaled, 26 G. 631. 
 how contract for sale of land for Confederate money scaled in this case, 26 
 
 G. 667. 
 when bonds scaled though judgments recovered on them, 22 G. 466. 
 SCHEDULE. 
 
 sale of, of insolvent del»tor set aside for irre'gularity, 2 P. & H. 676. 
 SCHOOLS, 
 when and for what, summary remedy by motion lies under 1 R. C. ch. 33 
 
 §17. Against whom it does, not lie, 5 L. 71. 
 act March 5, 1846, as to public, construed, 4 G. 528 . 
 commissioners may build school houses and levy taxes to pay for them, 13 
 
 G.78. 
 SCIRE FACIAS, 
 on judgment on sheriff's bond may be by any person injured, 1 W. 91. 
 will issue against executors of a defendant in error if he dies after svjper- 
 
 sedeas, 1 W. 138. 
 when, necessary to revive cause, 1 W. 154. 
 must be by executors of both plaintiffs in error if both die, 1 W. 322. 
 
SCIEE FACIAp. 491 
 
 SCIRE FACIAS, Continued. 
 against special bail, when returnable, 2 "W. 213. 
 
 may revive judgment but not so as to act retrospectively, 2 C. 125. 
 
 does not lie against sheriff who is administrator to revive appeal abated by 
 death of his intestate, 2 C. 357, 
 
 what damages arbitrators may allow on bond of deputy to indemnify 
 sheriff, 2 C. 433. 
 
 if clerk issues a, for too little, plaintiff may recover against him for said 
 error, 3 C. 41. 
 
 what variances between judgment and recital thereof in, or judgment 
 thereon, not material, 3 H. & M. 237. 
 
 what contempt no objection to plead to, to revive a decree, 4 H. &. M. 504. 
 
 patent may be declared void for defects on its face without a, to repeal it, 
 1 M. 134. 
 
 what, quashed as not setting forth any legal cause of action, 3 M. 119. 
 
 when plaintiff cannot have, against bail but only against executors of de- 
 fendant, 3 M. 225. 
 
 on, against bail what an improper return of nihil. What a proper return, 
 5 M. 407. 
 
 if returns of two writs of, defective, court may allow first to be amended 
 and should quash second, 5 31. 407. 
 
 when right to issue a, on a judgment not barred by act of limitations, 6 
 M. 32. 
 
 to what plaintiff entitled if defendant confess judgment on a, to revive a 
 judgment in debt for a penal sum, 6 M. 282. 
 
 what judgment on a, against heirs and devisees to revive a judgment in 
 ejectment, not erroneous, 6 M. 105. 
 
 need not set forth what goods defendant haS' acquired since the judgment ; 
 what not good pleas to a, 1 E. 277. 
 
 when judgment against testator not revived by, against his personal repre- 
 sentative, barred by act of limitations, 1 E. 436. 
 
 returnable to a day not a return day is void and cannot be amended , 2 E. 1. 
 
 what appearance day when, is returnable to rule day, 2 E. 1. 
 
 when there is no limitation to action of debt or, on a judgment. When 
 there is, 3 E. 490. 
 
 what variance between recognizance and; is fatal, 4 E, 329. 
 
 when, against the administrator of one of two dead obligors deemed to be 
 against the survivor's administrator, 6 E. 574. 
 
 writ of right which abated in 1812 could not be revived by, in 1820, 2 
 L. 16. 
 
 act of limitations bar to. in this case, 4 L. 338. 
 
 what, on a recognizance of special bail in detinue good on general demur- 
 rer, 4 L. 462. 
 
 to revive action of detinue against defendant's executor, 6 L. 42, 344. 
 
 when a judgment on, must be joint, 7 L. 83. 
 
 against special bail may be made returnable at rules In the clerk's office, 
 7 L. 371. 
 
492 SCIRE FACIAS— SEAL. 
 
 SCIEE FACIAS, Continued. 
 
 does not lie against administrator upon judgment obtained against cura- 
 tor, 8 L. 264. 
 
 if demandant in writ of right die pending suit, it may be revived in 
 names of devisees, 8 L. 468. 
 
 if debtor charged in execution escape, creditor may get new execution by, 
 or motion, ^ L. 554. 
 , should not issue to revive suit in name of executor of one of four plain- 
 tiffs in detinue who dies, 10 L. 186. 
 
 on trial of, against bail judgmsnt must be entered by the court, 2 G. 193. 
 
 what, against heir on judgment against ancestor not defective on demurrer, 
 2 G. 200. 
 
 1 E. C. ch. 128 265 as to, to revive a judgment constraed, 7 G. 202. 
 
 when judgment on a, to revive a judgment becomes final, 7 G. 202. 
 
 in a civil proceeding. When, on a recognizance in criminal case returna- 
 able, 10 G. G27. 
 
 to revive j ndgment in favor of marshal of Williamsburg chancery court ; 
 what surplusage, 11 G. 190. 
 
 what recital in, no variance. What no bar to, 11 G. 190. 
 
 injunction to judgment does not prevent its revival. Effect of injunction 
 on revived judgment, 11 G. 190. 
 
 what averment unnecessary in, on a recognizance, 14 G. 318. 
 
 what mistake not fatal upon, on a recognizance, 14 G. 318. 
 
 practice, defence and judgment on, on a recogaizanoe, 14 G -693. 
 
 when, on judgment against sheriff not necessary, 17 G. 124. 
 
 when, on recognizance properly on docket, 24 G. 31. 
 
 what no variance between, and recognizance, 24 G. 31. 
 
 in, against bail returnable to rules, there must be ten days between service 
 of writ and first day of next term, 1 P. & H. 427. 
 
 SCEIVENEI^; see Deed, 
 qusere, whether evidence of, to prove fraud admissible, 2 M. 105. 
 attorney drawing deed must conceal facts disclosed by person employing 
 
 him, 4 M. 273. 
 when equity will correct mistake of law or fact of, drawing a deed, 2 G. 
 266. 
 SEAL. 
 
 scroll used as a, was sufficient as such before the act of assembly, 1 W. 42. 
 scroll does not make writing a sealed instrument unless such intention 
 
 shown in body of instrument, 1 M. 487 ; 4 M. 442 ; 2 L. 195 ; 7 L. 301; 
 
 15 G. 108, 
 printed scrolls used as seals sufficient under 1 H. C. ch. 128 J9t, 2 L. 488. 
 of a court of a foreign country must be proved ; of a foreign state or nation 
 
 proves itself, 3 L. 816. 
 scroll has the force of a, if affixed as such, 9 L. 511. 
 parol testimony admissible to show that scroll was put on instrument as 
 
 a, 2 G. 439. 
 evidence aliunde inadmissible to prove scroll was a, when, 15 G. 108. 
 
SECURITY. 493 
 
 SECURITY. 
 
 when vendor takes a, he loses a lien on land, 2 W. 141. 
 
 ■when, for forthcoming of slaves decreed on bill of quia timet. 3 C. 25. 
 
 agent may retain principal's property as, for endorsements made for him, 
 3 C. 89. 
 
 if at any time, on an injunction bond is insufficient court will require new 
 security, 1 H. & M. 1. 
 
 when executors may file answer and have attachment discharged without 
 giving, 1 H. & M. 15. 
 
 when executors need not give, on obtaining injunctions, appeals, writs of 
 error and supersedeas, 1 H. «& M. 15. 
 
 when on joint appeal by legatees and executors the former ruled to give, 
 1 H. & M. 26. 
 
 when plaintiff entitled to benefit of decree against absent defendant with- 
 out giving the security it required, 4 H. & M. 502. 
 
 when court will not require, of life tenant for forthcoming of property at 
 his death, 4 H. & M. 503. 
 
 exercise of power of court to require, in such cases is a matter of discre- 
 tion, 2 M. 162. 
 
 executor cannot be compelled to pay a legacy until legatee give refunding < 
 bond with, 2 M. 303; 4 M. 77. 
 
 what bond and, executor must give to appeal from decree partly against 
 him as executor and partly in his own right, 2 M. 341. 
 
 vendor executing deed and Akiug bond and, for purchase money, dis- 
 charges land from his lien, 5 M. 297. 
 
 agreement that land purchased shall be the only, for the purchase money, 
 good ; effect of such an agreement, 5 il. 507. 
 
 injunction should not be granted without requiring, except in cases of 
 fiduciaries, 2 R. 247. 
 
 letter held not to be a, for a debt in this case, 2 L. 19. 
 
 what waiver of right to proceed against a, to a debt, 2 G. 357. 
 
 taking a new, for one of two joint debtors does not release other unless it 
 is so agreed, ' 2 G. 372. 
 
 amount of, required of executor or administrator is in the discretion of 
 the court, 3 G. 428. 
 
 under 1 R. C. ch. 104, ?41 is in addition to original security, 3 G. 428. 
 
 what court may require additional security. Amount required, 3 G. 428. 
 
 of vendor retaining title to land not afliected by lapse of time or act of lim- 
 itations, 3 G. 232. 
 
 creditor having, for three bonds and different, for one of them, may apply 
 proceeds of first, to bonds not secured by last, 4 G. 52. 
 
 land last sold first applied to pay purchase money due by vendee on the 
 original sale, 6 G. 90. 
 
 assignment by debtor in satisfaction of debt of, more than sufficient, re- 
 lieved against in equity, 8 G. 70. 
 
 benefit of deed of trust passes with assignment of bonds secured, 8 G. 533. 
 
 how bonds deposited as, for a debt may be sold, 22 G. 254. 
 
 rights of creditor holding collateral; not liable if, lost, 27 G. 749. 
 
494 SEDUCTION— SET-OFF. 
 
 SEDUCTION, 
 what plaintiff in action of, may prove to enhance the damages, 13 Gr. 573. 
 foundation of action by father for, of daughter. When he cannot sue, 13 
 
 G. 726. 
 what sufficient averment of relation of master and servant in suit by father 
 
 for, of daughter, 33 a. 722. 
 in such action evidence of pecuniary condition of defendant competent, 33 
 
 G. 722. 
 when statute of limitations begins to run in such case, 33 G. 722. 
 
 SEISIN. 
 in crown need not be shown to trace title, 1 W. 34. 
 patent ipso facto confers, and it may be transferred by deed of bargain and 
 
 sale and by devise, 1 M. 162. 
 bargainee of person out of possession cannot recover in ejectment, 1 M. 162. 
 conveyance in this case held to confer no, 2 L. 653. 
 given by deed of bargain and sale if trust is executed to secure purchase 
 
 money at once, is transitoi-y and grantee's widow has not dower, 4 L. 30. 
 SEPARATE ESTATE; see Husband and Wife; Marriage. 
 I SEQUESTRATION. 
 
 is proper if defendant obstinately lies in jail and pays other creditors, 3 
 
 C. 382. 
 vrrit of, will not issue on sheriff's return on an attachment for contempt, 
 
 IH. &M. 310. 
 what proper steps to obtain, in such case, 1 H. & M. 310. 
 SERGEANT ; see Sheriff. 
 execution directed to sheriff, may be executed by a, 4 H. & M. 404. 
 has not right to sue for money due to an insolvent debtor, 3 M. 115. 
 what a sufficient consent in writing by judge to appointment of deputy, 
 
 24 G. 602. 
 if appointed to rent property need not give a bond. His official bond covers 
 
 liability, 26 G. 108. 
 SERVANT. 
 Indian, J. 109. 
 
 mulatto, to what time should serve. When binding necessary, J. 87. 
 if alienable, J. 87, 90. 
 how, passes on death of master, J. 91. 
 what entitled to, J. 88. 
 SET-OFF. 
 notice of, not the practice in Virginia, 1 W. 42, 
 
 debt due by one partner cannot be, against partnerships demands, 1 W. 77. 
 when account is a, 1 W. 128. 
 
 JTidgment against testator not, against rent due executor, 1 W. 166. 
 when not allowed, 1 W. 221. 
 
 in what case an assigned bond not allowed as a, 2 W. 71. 
 case in which rule that private debt is not a, against a partnership debt 
 
 does not apply, 3 C. 409. 
 
SET-OFF. 495 
 
 SET-OFF, Continued. 
 case in wliicli assignee of note cannot offer it as a, against assignor, 3"C 9 ■ 
 
 see 1 C. 497. ' 
 
 factor cannot buy up claims against principal at an under rate and ask 
 
 face value of them as a, 3 C. 89. 
 delivery of goods to one partner is not a,, against a partnership demand, 1 
 
 H. & M. 176. 
 when not allowed in eqiiity if claims unliquidated and disputed, 1 M. 529. 
 it is imnroper after suit brought for debtor to buy up claims against credi- 
 tor to use as a, 3 C. 105. 
 plaintiff in replevin may avail himself of a, 4 H. & M. 491, 
 if part only of, is allowable it must be separated from other part or whole 
 
 will be rejected,, 4 M. 215. 
 when writing not admissible under plea of, but under plea of payment, 4 
 
 M. 442. 
 maker of note cannot, against assignee a bill of exchange of assignor if he 
 
 received bill after notice of the assignment, 5 M. 388. 
 partnership and separate demands cannot be, against each other, 5 M. 388 ; 
 
 4 E. 359. 
 joint and separate demands cannot be, against each other, 4 E. 359; 2 L. 
 
 493 ; 3 L. 78. 
 when on plea of payment to debt by assignee set-oflf against assignor can- 
 not be given is evidence, 6 R. 353. 
 when vendee's costs of suit by a third person not a, against the purchase 
 
 money of land, 6 E. 465, 
 unliquidated damages for a substantive injury not a good, against a legal 
 
 demand, 6 E, 519. 
 deposit in bank retained in equity against note due to bank by decedent, 
 
 3 L. 695. 
 unliquidated damages cannot be, in equity, 3 L. 667. 
 party allowed in this case to set off bond due him against one on which 
 
 he is surety, as against assignee of first, 5 L. 30. 
 obligor in bond given administrator cannot, debts due him by estate or by 
 
 administrator individually, 5 L. 324. 
 obligor allowed to, against assignee of his bond, a bond of assignor assigned 
 
 to him, 6 L. 278. 
 -^drawer of note cannot set off a draft given, to be placed to his credit 
 
 when collected, 8 L. 296. 
 what equitable defences allowed in circuit courts by act of April 16, 1831, 
 
 ?62, 1 Eob. 392. 
 case of vendee who is also administrator of surety on indemnifying bond 
 
 to himself, retaining amount due him on said bond, 1 Eob. 1. 
 when purchaser from vendee can, amount to which vendee is entitled 
 
 against bond for purchase money held by an assignee, 2 G. 44. 
 how applied if there were two bonds assigned at different times, 2 G. 44; 
 how applied if judgment obtained by vendor on one bond. How if assignee 
 
 had notice of prior assignments, 2 &. 44. 
 
496 SET-OFF. 
 
 SET-OFF, Continued. 
 
 defendant pleading statute of limitations to plaintiff's claim cannot set 
 off claims of same kind against plaintiff, 3 G. 502. 
 
 when failure to make repairs a, against lessor in replevin on a distress for 
 rent, 3 G. 91. 
 
 when oblis;or giving new bond not allowed to set off against it amount of 
 incumbrance for purchase money which was on the original bond, 5 G. 
 432. 
 
 when plaintiff can rely on statute of limitations to. in evidence, 5 G. 460, 
 
 what is period of limitations if, accrued before or after action brought, 5 
 G. 460. 
 
 when retired partner can, debts of old firm paid by him against his bond 
 
 to new firm, 6 G. 310, 
 judgment on forthcoming bond enjoined for surety because he had suit 
 pending against plaintiff, when, 6 G. 352. 
 
 when in assumpsit by administrator defendant cannot, money paid by him 
 as surety of intestate since his death, 8 G. 1 . 
 
 when evidence of, admitted though there is no plea of, or biU of particu- 
 lars, 8 G. 110. 
 
 joint interest of husband and wife cannot be, by a debt due from the hus- 
 band, 8 G. 332. 
 
 when defendant cannot enjoin judgment in order to setup, in equity, 9 
 G. 379; 10 G. 499. 
 
 when vendee enjoining judgment for purchase money can set np,in equity, 
 9 G. 409. 
 
 when defendant allowed to file additional account of offsets, 9 G. 649. 
 
 bond of two made offset in suit by one of them by agreement of parties, 
 9 G. 649. 
 
 when though, cannot be proved, defendant can prove money was paid by 
 plaintiff out of funds of defendant's intestate, 10 G. 1. 
 
 what not a good plea of, in suit on bond for purchase money, 13 G. 743. 
 
 defence of, made to motion on forthcoming bond taken on a distress war- 
 rant, 18 G. 722. 
 
 when notes of bank cannot be, in suit by trustees of bank, 19 G. 739 ; 20 
 G. 327. 
 
 when, between maker and payee of note cannot be, against assignee, 14 &. 1. 
 
 what plea of equitable, must show. It must be sworn to, 13 G. 743, 
 
 ease of defence of equitable, to suit at law.. Eules governing, 21 G. 132. 
 
 what not proper, in suit by administrator on bond given to him, 22 G,461. 
 
 when judgment against plaintiff held by one of several defendants a good 
 set-off, 22 G. 595. 
 
 difference between English and Va. statute of, 22 G, 595. 
 
 rights of debtor of broken bank buying debts of bank, 27 G. 365. 
 
 what allowed to subsequent purchaser against bonds given for purchase 
 money of land, 30 G. 632. 
 
 when purchaser of machinery allowed for defects as a, against bonds for 
 purchase money, 30 G. 689, 
 
 what a valid, for surety under Code 1873 ch,. 168 ?4, 31 G, 637. 
 
SET-OFF— SHERIFF. 497 
 
 SET-OFF, Continued. 
 
 when agreement to, is executory, 1 P. & H. 141. 
 
 if plea of, waived at law equity will not enjoin judgment, 1 P. & H. 141. 
 
 when, of rent that would have been collected if plaiutiflFhad kept his con- 
 tract, allowed, 2 P. & H. 133. 
 
 what is an equitable. Defendant is not required to plead equitable, at law, 
 2 P. & H. 178. 
 
 how equitable, applied, there being several bonds payable and assigned at 
 different times, 2 P. & H. 178. 
 
 right of vendee of land to set off judgment against bond for purchase 
 money against an equitable right, 2 P. & H. 178. 
 SETTLEMENT EIGHTS. 
 
 obligation of Lord Fairfax as to, 1 W. 228. 
 
 custom as to transfer of, in Northern Neck not valid, 1 W. 228. 
 
 before and since the act of May 1779, 1 W. 230. 
 
 act of 1779 construed, 2 W. 43. 
 
 difference between, and a pre-emption, 4 C. 196. 
 
 when patent held void as to, 4 C. 196. 
 SETTLEMENTS ; see Deed; Marriage. 
 SHERIFF. 
 
 1. In Ges-eeal. 
 
 2. Bond. 
 
 3. Beputy. 
 
 4. Eights and Duties. 
 
 5. Suits by and against. 
 1. In Geneeal: 
 
 distringas will not lie against execatois of, to sell property levied on by 
 him, 1 C. 295. 
 
 what sufficient to authorize judgment against surety of, 1 C. 471. 
 
 when, who neglects to return execution at plaintiff's request, not liable to 
 a fine, 3 C. 44. , 
 
 special bail discharged when principal surrendered to, 1 "W. 313. 
 
 taxes collected by, uAder acts of 1794 and 1798 might be recovered in name 
 of governor, 5 0. 546. 
 
 after, has taken prison bounds bond from debtor, he can neither allow nor 
 prevent his escape, 6 C. 54. 
 
 surety of, appointed for one year not liable for his default in second year, 
 he acting without new commission, 4 H. & M. 208. 
 
 liable for not executing and returning process of superior court of chan- 
 cery, 4 H. & M. 461. 
 
 when debt of, for clerk's tickets in his hands for collection presumed paid, 
 4 M. 428. 
 
 to whom estate is committed liable for its due administration after his 
 term of office expires, 3 E. 494. 
 
 selling under execution incurs no responsibility as to title, 4 E, 8. 
 
 caveat emptor applies in such case. How far his return on execution evi- 
 dence, 4 R. 8. 
 
 63 
 
498 SHERIFF. 
 
 SHERIFF, In General, Continued. 
 
 in suits against sureties of, his admissions and judgments against him not 
 evidence against sureties, 4 R. 317. 
 
 bona fide purchaser at sale by, acquires good title. Party injured by sher- 
 iff's conduct must sue him, 4 R. 427. 
 
 who levies fi. fa. on goods in possession of purchaser under a deed of trust 
 is a trespasser, 6 R. 285. 
 
 court may exercise discretion as to fine against, for failing to return exe- 
 cution and for defaults of deputy, 2 L. 560. 
 
 when, must prove acquiescence,of plaintiff in postponement of sale, 9 L. 
 18. 
 
 question as to title cf slave in possession of vendor and sold by, under an 
 execution, 2 Rob. 280. 
 
 money lent, before fi. fa. received by him, not liable to satisfy it, 2 H. & 
 M.89. 
 
 what direction to, by plaintiffs in execution releases defendant's sureties, 
 
 1 M. 269. 
 
 fee for taking forthcoming bond may be included in it, 2 M. 266. 
 
 when governor cannot commission person as, who has failed to give bond, 
 
 3 M. 492. 
 
 justices in exercise of discretionary power as to nomination of, not con- 
 trolled by superior courts, 2 V. C. 92. 
 
 if land sold and conveyed by deputy for taxes, it must be proved that one 
 wassheriff and other deputy, 3R. 473. 
 
 forthcoming bond forfeited though debtor pay debt and costs except com- 
 missions of, 3 R. 522. 
 
 return may be contradicted by other evidence and sheriff is then compe- 
 tent witness, 4 R. 189. 
 
 after judgment by default party cannot obiect to return in appellate court, 
 
 4 R. 189- 
 
 interested in execution cannot levy it himself, 4 K. 199. 
 
 when sale by, to himself vacated, 4 R. 179. 
 
 when absolute title passes at sale by, when it does not pass, 4 R. 208. 
 
 payment to, after return day of execution not binding on creditor, 4 R. 
 
 336, 
 what contract between, and deputy not void under statute against buying 
 
 and selling offices, 1 L. 42. 
 in what, debtor's real estate vested by his taking oath of insolvency, 7 L. 
 
 720 ; 7 G. 26. 
 when necessity of making, party to biU for recovery of insolvent's land 
 
 dispensed with, 7 L. 720. 
 
 what indemnifying bond given by, a good statutory bond, 1 G. 282. 
 what sale by, of equity of redemption of land of insolvent debtor legal, 
 
 2 G. 231. 
 
 when sureties of, and deputy liable for acts of deputy done after, goes out 
 of office, 9G.59. 
 
 liable upon return of deputy made after, goes ovit of office, 9 G. 64. 
 
SHERIFF. 499 
 
 SHERIFF, In G-ENEEAL, Continued. 
 ■what arrangement of property by insolvent debtor fraudulent and it wiQ 
 
 vest in, 11 G. 99. 
 when equity will relieve sureties of, on joint bond given by them, 6 M, 
 
 387. 
 assessment upon of Frederick county not in violation of act of 1852, 13 
 
 G. 577. 
 when, is at least sheriff de facto and bound for his acts, 15 G. 172. 
 ■who takes property of one under attachment against another, liable on 
 
 official bond, 17 G. 124. 
 ■when, and sureties liable to creditors of county provided for by le^vy, even 
 
 though removed from office, 19 G. 14. 
 " executed in person " al sufficient return on a summons, 16 G. 314. 
 when money received by, not scaled, 23 G. 825. 
 
 when, and sureties liable for amount of execution in his hands, 24 G. 138. 
 what presumed if execution went into hands of, 24 G. 138. 
 sureties of, held liable for taxes not accounted for by him, 27 G. 608. 
 what evidence against them in such case and what pleas bad, 27 G. 608. 
 when, paying execution in his hands not subrogated to lien of creditor, 
 
 27 G. 740. 
 what sale of land by a, a nullity, 29 G. 27. 
 liability of, and sureties for failure to pay money collected on an execution ; 
 
 when demand on, necessary in such case. When not, 30 G. 1. 
 what counts in declaration in such case defective ; what not. "What compe- 
 tent evidence ; what not, 30 G. 1. 
 ■when not fined for failure to return an execution, Wy. 328 ; see 3 C. 44. 
 when, releasing debtor under warrant of discharge not liable for an 
 
 escape, 1 P. & H. 289. 
 when not allowed to make a return on aifi.fa., 30 G. 1. 
 and sureties not liable for failure to levy execution under circumstances of 
 
 this case, 32 G. 41. 
 cannot amend return on execution after it is filed except upon motion 
 
 and notice to creditor, 32 G. 249. 
 "residence " on return of, is synonymous with " usual place of abode," 33 
 
 G. 180. 
 when liable for releasing levy on claim of homestead by debtor, 33 G. 361 ; 
 
 see 32. G. 41. 
 what delay in suing, does not affect such liability, 33 G. 361, 
 2, BOKD : 
 when surety on sheriff's bond for taxes given by mistake, not bound, 2 C. 
 
 510. 
 sheriff 's bond should be made payable to treasurer. Quiere, if good when 
 
 payable to governor, 3 C. 510. 
 what is a variance in suit on sheriff's bond for taxes, 3 C. 378. 
 what a sufficient assignment of breaches on a sheriff's bond, 5 C. 546. 
 under ordinance of convention and act of 1782, sheriff's bond payable to 
 
 governor, 5 C. 546. 
 commonwealth proper obligee in his bond, 1 W. 91. 
 
, 500 SHERIFF. 
 
 SHERIFF, Bond, Continued. 
 how judgment sliould be entered in suit on bond of, 1 W. 91. 
 bond held to be a good one, 2 H. & M. 459. 
 
 what not good assignment of breach in debt on bond of, ,6 L. 316. 
 damages in suit on bond of, only such as have been sustained by breach of 
 
 its condition, 9 L. 397. 
 aot'ion on bond for the misconduct of deputy in serving execution should 
 
 be on relation of plaintiffs in execution, 1 G. 156. 
 action may be against, on his official bond in name of person who was gov- 
 ernor at time of its execution, 2 G-. 175. 
 when obligors in bond estopped from denying that they are deputies or 
 
 obligee is sheriflC, 9 G. 312. 
 ^hen each obligor regarded as principal as to his own acts and surety as 
 
 to others, 9 G. 312. 
 sureties on bond of deputy estopped from denying principal was deputy, 
 
 10 G. 198. 
 what omission in record of county court does not avoid bond of deputy, 10 
 
 G. 198. 
 suit lies on, for takings goods of A under attachment against B, 17 G. 124. 
 authority of court to reqtiire new bond of, 24 G. 284. 
 when sureties on both bonds of a, are liable, 24 G-. 284. 
 when bond covers rents received by, 26 G. 108. 
 how official bonds may be proved and executed, 27 G. 608. 
 3. Deputy : 
 who submits to erroneous judgment cannot charge his deputy with it, 1 
 
 C. 51. 
 deputy may execute writ of ad quod damnum, 1 C. 495. 
 may under act 1793 recover against his deputy by motion, 1 C. 538. 
 when oral testimony on a motion against deputy may be given by, 1 C. 
 
 538. 
 if deputy drive property of one on another's land and distrain, trespass lies 
 
 against sheriff, 2 C. 273. 
 on motion against his deputy what he should recover, 1 "W. 72. 
 alone liable for acts of deputy. Judgment should not be against deputy, 
 
 1 W. 159. 
 
 deputy should add principal's name to his own on a return, 1 W. 159. 
 when judgment should be against, not against deputy, 1 "W. 325. 
 when deputy alone may get a supersedeas, 1 W. 325. 
 for money received by deputy assumpsit will lie against. Declaration 
 
 should be special, 2 "W. 172. 
 motion may be against, and securities for failure of deputy to pay money 
 
 collected by him ; when may be made, 2 V. C. 229. 
 
 how court should decree when estate committed to, was managed by his 
 deputy, 3 E. 494. 
 
 trespass lies against, for tortious acts of his deputy as such, 3 H. & M.127. 
 
 bond of deputy to, binding until business committed to him is wound up, 
 
 2 M. 280. 
 
SHERIFF. 501 
 
 SHERIFF, Deputy, Continued^ 
 
 under J51 of execution law of 1793, motion may be against sureties of 
 
 deputy after judgment against him, 2 M. 280. 
 deputy holds office during pleasure of, and may be removed by him. 4 M 
 
 150. 
 what plea full answer to declaration in suit by deputy against, for turn- 
 ing him out of office, 4 M. 150. 
 act of December 11, 1793, authorizes motion against deputy and his sure- 
 ties Join%, not separately, 4 M. 238. 
 what sufficient evidence in support of motion by, against his deputy for 
 
 amount of judgment against former, 5 M. 401. 
 judgment against deputy in favor of, for more damages than w:as recovered 
 
 against latter, reversed, 5 M. 401. 
 what bond from deputy to, binding for one year only, 6 M. 81. 
 when in suit against his deputy, need not, show that he or deputy took 
 
 oaths of office a second time, 6 M. 573. 
 not liable criminally for malfeasance of his deputy, 4 L. 664. 
 deputy taking indemnifying bond cannot testify for obligors in suit on the 
 
 bond, 9 L. 459. 
 sheriff is such until his successor appointed, and responsible for deputy's 
 
 administration of estate committed, 5 L. 392. ' 
 memorandum by deputy made at sale of insolvent's estate sufficient under 
 
 statute of frauds, 6 L. 16. 
 what judgment should be on motion against deputy for amount of judg- 
 ment against, for deputy's default, 8 L. 218. 
 what conduct of deputy authorizes suit against, on his bond, 9 L. 18. 
 purchase by deputy of land sold for non-payment of taxes is illegal, 1 Gr. 
 
 158. 
 • if land sold and conveyed by deputy for taxes it must be proved that one 
 
 was sheriff and other was deputy, 3 E. 473. 
 what contract between, and deputy not vpid under statute against buying 
 
 and selling offices, 1 L. 42. 
 when sureties of, and deputy liable for acts of deputy done after sheriff 
 
 goes out of office, 9 G. 59. 
 in such case, he and his sureties, and deputy and sureties, liable for rents 
 
 received by deputy, 9 G. 584. 
 what, may recover on motion against deputy for money received by latter 
 
 after, has paid judgment against himself for said money, 4 G. 160. 
 deputy must show claim of creditor against administratrix of, was barred 
 
 by act of limitations, 9 G. 323. 
 demurrer to replication of estoppel on motion by, against deputy and 
 
 sureties not sustained, 10 G. 198. 
 accepting office of deputy, vacates office of justice, 3 L. 802. 
 jurisdiction of equity to settle administration accounts of deputy, 14 G. 
 
 214. 
 when such suit revived lu the name of personal representative of, 14 G. 214. 
 when it is duty of deputy to defend suit against; when deputy estopped 
 
 by judgilient against, 21 G. 182. 
 
602 SPIERIFF. 
 
 SHERIFF, Deputy, Continued. 
 when, may sue and recover against deputy, 21 G. 349. 
 when judgment against, ponclusive in his suit against deputy and sureties, 
 
 24 G. 176. 
 4. Eights and Duties : 
 should endorse names of slaves seized on the execution, 1 C. 492 . 
 is prima facie collector of taxes, 4 C. 357. 
 
 should discharge debtor if execution against the body is enjoined, 1 W. 120. 
 should not take appearance Bail in debt on bond with collateral condition, 
 
 2 "W. 181. 
 levying on property title of which is disputed, when he may file bill to have 
 
 right determined, 1 C. 18. 
 in such case plaintiff is not bound to indemnify, 1 C. 18. 
 when equity will consider return of, as made, 1 C. 18. 
 is not entitled to commissions unless sale is actually made, 5 C. 569. 
 must judge for himself whether bail is to be demanded or not, 6 C. 545. 
 retura of, on a paper not directed to him officially should be under oath, 
 
 1 H. & M. 206. 
 indulging a man for taxes can recover same and interest from him, 1 H. & 
 
 M. 454. • 
 
 may make return on execution or amend it after return day, by leave of 
 
 court, 1 M. 269. 
 permitted to amend return on writ of ad quod damnum any time before 
 
 judgment on it, 4 M. 535. 
 bound to collect poor rates in all cases, 2 E. 313. 
 cannot contradict his return, but must get leave of court to amend it, 2 E. 
 
 455. 
 upon taking oath of insolvency property and rights of insolvent debtor 
 
 vest in. Duties of, 7 G. 26. ' 
 
 high sheriff may farm sheriffalty. Liable for acts of agent "What powers 
 
 not divested by farming office, 7 G. 245. 
 when entitled to commissions on ca, sa., defendant paying amount of exe- 
 cution to plaintiff, 9 G. 85. 
 when, to whom estate is committed authorized to execute power and trust 
 
 vested by will in executors, 9 G. 584. 
 in such case he and his sureties, and deputy and sureties, liable for rents 
 
 received by deputy, 9 G. 584. 
 duty of, if county has not provided jail in which to keep debtor taken in 
 
 execution, 10 G. 529. 
 property held in trust for testator's son held to vest in, on son's taking in- 
 solvent debtor's oath, 11 g'. 348. 
 allowed to amend return after suit commenced on his official bond, 4 G. 99. 
 when return on an execution may be amended and by whom, 10 G. 529. 
 
 bound to keep jury in a criminal case. Presumed to be sworn, when, 8 L. 
 745. 
 
 as to authority of, to receive money on execution after the return day, 30 
 G. 1. 
 
■ SHERIFF. 503 
 
 SHERIFF, Rights and Duties, Continued. 
 
 when, may levy and sell under an execution andgenerally as to his powers 
 
 and duties thereunder, 30 G. 1. 
 qusere, can office of, be farmed, J. 59. 
 as to whether creditor liable for quit rents to, J. 14. 
 protected from personal responsibility in execution of process, when, 1 P. 
 
 & H. 289. 
 when not allowed to make a return on a fi. fa., 30 G. 1. 
 5. Suits by and agaiis-st: 
 
 interest is not due on damages until after the judgment against a, for 
 
 taxes, 1 C. 194. 
 may maintain debt on a forthcoming bond payable to him, 1 C. 249. 
 when fifteen per cent, damages allowed to, who appealed, 2 C. 208. 
 if deputy drive property on another's land and distrain, trespass lies against 
 
 sheriff, 2 C. 273. ' 
 8ci. fa. does not lie against, who is administrator, to revive an appeal 
 
 abated by death of his intestate, 2 C. 357. 
 act of limitations no bar to motion for clerk's tickets in hands of, 3 C.220. 
 motion lies against personal representative of, for clerk's tickets left in 
 
 hands of, for collection, 3 C. 220. ' 
 
 in action against, for ap escape what must be proved by each party, 4 C. 
 
 367. 
 in action against, for an escape, when succeeding sheriff not a proper wit- 
 ness, 4 C. 367. 
 when case, not debt, is the proper remedy against, 1 W. 232. 
 judgment against, set aside when he is not required to take bail, 1 W. 153. 
 judgment against, by mistake of clerk, relievable against in equity, 1 W. 
 
 254. 
 when judgment should be against, not against deputy, 1 W. 325. 
 for money received by deputy assumpsit will lie against; declaration 
 
 should be special, 2 W. 172. 
 when office judgment should be against defendant and, and not against 
 
 defendant and bail, 1 H. & M. 423. 
 for what creditor of county can move against sheriff who fails to collect 
 ^ county levy, 2 H. & M. 48. 
 may file bill to settle rights of property taken in execution. Injunction 
 
 not awarded to stay suit against him for selling it, 4 H. & M. 506. 
 when in suit against, plaintiff must prove falsehood of his return of " no 
 
 effects," 3 M. 81. 
 when sheriff and all parties concerned required to answer charge of fraud 
 
 as to executions, 3 M. 417. 
 qusere, whether case lies against, for not permitting person entitled to 
 
 vote, 3 M. 579. 
 judgment against, for fines collected for commonwealth sustained, though 
 
 his receipts for the executions not in record, 4 M. 398. 
 how judgment rendered against, for fines when default took place before 
 
 February 20, 1812, 4 M. 398. • 
 
504 SHERIFF. 
 
 SHERIFF, Suits by and against, Continued. 
 
 demand by plaintiffs attorney on, will sustain motion against him for 
 non-payment of money collected by him, 4 M. 455. 
 
 motion may be against, and sureties for failure of deputy to pay money 
 collected by him ; when such a motion may be made, 2 V. C. 229. 
 
 how court should decree when estate committed to, was managed by his 
 deputy, 3 E. 494. 
 
 when debtor cannot maintain motion in name of creditor against, for fail- 
 ing to return an execution, 2 L. 560. 
 
 what measure of damages in suit by landlord against, for removing goods 
 without paying rent due, 2 L. 630. 
 
 when after proceeding against bail plaintiff cannot sue, for taking insuf- 
 ficient bail, 4 L. 276. 
 
 action on indemnifying bond must be in name of, 6 L. 320. 
 
 what demand by plaintiff 's attorney will sustain suit against, notwith- 
 standing 1 E. C. ch. 134 ?54, 9 L. 397. , 
 
 when jury shonld fix damages in suit on official bond of, 1 Eob. 545. 
 
 what measure of damages in suit on official bond of, for false return of 
 nulla iona, 11 L. 600, 
 
 how far return and amended return on fi. fa. evidence in suit on bond of, 
 2 Eob. 49. 
 
 action may be against, on his official bond in name of person "svho was 
 governor at time of its execution, 2 G. 175. 
 
 allowed to amend return, after suit commenced on official bond, 4 G. 99. 
 
 what, may recover on motion against deputy for money received by latter 
 after, has paid judgment against himself for said money, 4 G. 160. 
 
 when plaintiff in execution lives in the county, demand not necessary be- 
 fore suing, 9 G. 64. 
 
 what clerical error in judgment against ; statute gives fifteen per cent. 
 against, for failing to pay over money, 9 G. 64. 
 
 when in suit against, and sureties he cannot object that county court mak- 
 ing levy was not legally constituted, 9 G,142. 
 
 demand on, necesasary to sustain motion against, by a creditor of the 
 county. When demand presumed, 9 G. 142. 
 
 what evidence sufficient on motion by administratrix of, against deputy 
 and his sureties, 9 G. 323. 
 
 deputy must show claim of creditor against administratrix of, was barred 
 by act of limitations, 9 G. 323. 
 
 judgment of circuit court against, conclusive of its jurisdiction, unless re- 
 versed on appeal, '9 G. 323. 
 
 demurrer to replication of estoppel on motion by, against deputy and 
 sureties not sustained, 10 G. 198. 
 
 in action against, for an escape, what each party must prove. What pre- 
 sumed, 10 G. 529. 
 
 when a motion may be made against, for an escape. What no defence to, 
 10 G. 529. 
 
 jurisdiction of equity to settle administration accounts of deputy, 14 G. 
 214. 
 
SHERIFF— SLANDER. 505 
 
 SHERIFF, Suits by and against, Continued. 
 
 when such suit revived in name of personal representative of, 14 G. 314. 
 
 when it is duty of deputy to defend suit against ; when deputy estopped 
 by judgment against, 21 G. 182. 
 
 when, may sue and recover against deputy, 21 G. 349. 
 
 when judgment against, conclusive in his suit against deputy and sureties, 
 24 G. 176. 
 
 what sufficient notice to latesherifif and sureties, of motion for a judg- 
 ment against them, 27 G. 608. 
 
 sureties of, held liable for taxes not accounted for by him, 27 G. 608. 
 
 what evidence against them in such case and what pleas bad, 27 G. 608. 
 
 in suit against, and sureties for failure to make th? debt on an execution 
 ■which was levied, what defendants may prove as a defence, by the 
 deputy, 32 G. 249. 
 
 what evidence admissible in suit against, for failure to pay over money, 
 30 G. 1. 
 
 what not a waiver of action against, for releasing property, 33 G. 361. 
 
 SHIP, 
 when entitled to freight though engaged in battle, 1 W. 207. 
 when if stranded to avoid capture, owner is entitled to salvage on cargo, 
 , 4 C. 346. 
 when if stranded, to avoid capture cargo saved does not contribute to loss 
 
 of, 4 C. 346. 
 failure to enter ship's stores is not a forfeiture of the vessel, 4 C. 353. 
 SHIP-BROKER. 
 what acts do not constitute a party a, so as to require license as such, 29 
 G. 837. 
 
 SHOOTING; see Criminal Jurisdiction and Proceedings. 
 what indictmont for malicious, should charge, 2 V. C. 143, 231. 
 negro slave is person on whom offence may be committed, 5 E. 660. 
 how damages assessed in trespass for shooting plaintiff, 33 G. 136. 
 shooting pistol in street an unlawful act, 33 G. 136. 
 
 SLANDER; see Libel. 
 
 wha^words are actionable, 1 W. 150. 
 
 when a letter admitted to show circulation, not propagation of, 2 W. 167. 
 
 if loss occasioned by letter of defendant, he should make reparation to 
 plaintiff, 3 C. 568. 
 
 what defendant must do to give parol evidence of what plaintiff swore to 
 on former trial, 3 H. & M. 388. 
 
 what allegation necessary in declaration in action of, 2 M. 193. 
 
 declaration in, laying charge in the alternative good after verdict, 4 M. 
 260. 
 
 declaration in, containing only recital and no direct charge bad after ver- 
 dict, 4 M. 261. 
 
 qusere, as to admission of proof of circumstances of suspicion in mitigation 
 of damages, 5 M. 16. 
 
 64 
 
506 SLANDER— SLAVES. 
 
 SLANDER, Continued. 
 what sufficient ground for a perpetual injunction to a judgment for, 5 M. 
 
 466. 
 what sufficient to support plea of justification in this case, 5 M. 546. 
 when plain tifif may prove what words were in mitigation of damages, 9 M. 
 
 13. 
 when proof of circumstances of suspicion inadmissible in mitigation of 
 
 damages on plea of "not guilty," 6 M. 465. 
 what proof not admissible in action of, 6 M. 465. 
 unnecessary to state on record grounds of awarding new trial granted for 
 
 insufficient damages, 3 E. 52. 
 evidence of acts of hostility of witnesses to defendant admissible, 4 L. 330. 
 ' when evidence of general bad character of plaintiff for veracity under oath 
 
 admissible, 8 L. 542. 
 when burden of proof of a negative lies on defendant, 5 L. 695. 
 what evidence admissible to show defendant's malice towards plaintiff, 10 
 
 L. 338. 
 in action for insulting words under act to suppress duelling no plea of jus- 
 tification can be received, 12 L. 466. 
 in action for, how plaintiff must declare. "Words not helped by innitendo, 
 
 when, 6 G. 534. 
 what defendant may prove in mitigation of damages. What no defence to 
 
 him, 8 G. 27. 
 what necessary to maintain action at common law for a charge of false 
 
 swearing, 16 G. 80. 
 what plaintiff must aver in action of, under the statute, 16 G. 80. 
 common law and statutory causes of action cannot be blended in one 
 
 count, 16 G. 80. 
 what necessary averments in action of. What not a good plea, 25 G. 343. 
 presumption as to malice and exceptions to the rule in action of, 25 G.343. 
 what must be proved and what evidence inadmissible in action of, 25' G. 
 
 343. 
 what words not actionable. What admissible to affect measure of dam- 
 ages, 25 G. 495. 
 SLANDEEING TITLE. 
 
 verdict for damages for, to slaves exposed to public sale, Wy. 69. • 
 SLAVES ; see Freedom. 
 within what time, can be redeemed under a mortgage, 1 W. 14. 
 when mortgagee to account for profits of, 1 W, 14. 
 when money to be laid out in, considered as, 1 W. 30. 
 reversion or remainder of wife in, vests in husband, 1 W. 30. 
 condition in a will held to apply only to, 1 W. 45. 
 at what time Indians might and might not be, 1 W. 123, 234. 
 gift of, not by deed or will is void, 1 W. 139. 
 reversion in, passes under residuary clause in will, 1 W. 262. 
 considered chattels, except in cases of descent, 1 W. 306 ; 2 W. 1. 
 what limitation of, in a will good, 1 C. 338. . 
 
SLAVES. 507 
 
 SLAVES, OonHnned. 
 to annex, to lands co-extensive estates must be given in both, 1 C. 338, 
 executors and not heirs of mortgagee of, should bring bill for forclosure, 1 
 
 C. 419. 
 names of, talcen in execution should be endorsed thereon, 1 C. 492. 
 indeclatation for several, verdict should find separate values, 2 C. 313. 
 not entitled to damages for detention or profits of tlieir labor, 2 C. 319. 
 limitation freeing, held not to come within rule against perpetuities, 2 C. 
 
 319. 
 trustees refusing to manumit, compelled in equity to do so, 2 C. 319. 
 personal property under sec. 4 of explanatory act of 1727, 2 C. 447. 
 compensation may be made in money if equal division cannot be made of, 
 
 3 C. 13. 
 when security for forthcoming of, decreed on bill of quia timet, 3 C. 25. 
 parol gift of, good after five years' possession, 3 C. 85 ; see 1 W. 139. 
 legatee cannot recover, without proving executor's assent to legacy, 3 C. 
 
 218. 
 what parol gift within statute preventing fraudulent gifts of, 4 C. 92. 
 when widow not renouncing will barred from dower in undevised, 4 C. 92. 
 act of 1787 concerning parol gifts of, construed, 4 C. 234. 
 what devise of, to be manumitted good, 5 C. 311. 
 
 before act of 1792, debtor could not free, to pr^udice of creditors, 5 C. 336. 
 carried back to Maryland, sold there and brought back to Va., entitled to 
 
 ireedom, 5 C. 425. 
 on whom onus probandi lies when persons cla.imed as, 1 H. & M. 134. 
 what, entitled to freedom under p act of 1792, 1 H. & M. 235. 
 on what conditions, entitled to freedom in this case, 1 H. & M. 519. 
 when trespass as to, presumed to have been committed on intestate's land, 
 
 3 H. & M. 127. 
 construction of statute of irauds as to loans of, 3 H. & M- 44S, 
 when creditors of father cannot disturb child's possession of a slave, 4 H. 
 
 & M. 151. 
 increase of, belonging to estate of intestate infant go to person inheriting 
 
 his estate, 1 M. 183. 
 what should not be given in evidence on joint plea of "not guilty " in 
 
 trespass for beating, 1 M. 288. 
 power of court to require life tenant of, to give securiliy for their forthcom- 
 ing a matter of discretion, 2 M. 162. 
 when profits of, do not pass by residuary clause in will, 2 M. 321. 
 as to importation of, from other States, 2 M. 393. 
 
 when possession oij by mother is the possession of infant child, 3 M. 122. 
 when marriage settlement no bar to wife's dower in, 3 M, 279. 
 when buyer of, not liable for decrease in value, 3 M. 310. 
 what agreement as to, void as to creditors, 3 M. 350. 
 how executor selling, at private sale should, be chaxgeA therefor, 5 M. 18a 
 §2 of act of 1792, construed, 6 M. 12. 
 right of, to freedom denied in this case, 6 M. 229, 
 as to eniis probamdi in suit for fieedom, -6 M. 1B9. 
 
508 SLAVES. 
 
 SLAVES, Continued. 
 
 when deed of emancipation liy person out of possession of, has no effect, 
 6 M. 191. 
 
 quxre, if omission of names of, in deed subjects them to claims of credi- 
 tors, 6 M. 245. 
 
 how increase of, pass if bequest is to wife for life, and then absolutely to 
 another, 6 M. 368. 
 
 donee held to take estate for life only in this case, 6 M. 470. 
 
 efiFect of a mortgage of lands and, 6 M. 520. 
 
 bequest of female 'slave and increase held to apply to future oflspring, 3 
 E. 83. 
 
 act of 1778 as to importing, into Virginia construed, 4 E 67. 
 
 what reservation in a deed of emancipation is void, 4 E. 597. 
 
 qusere, as to right of person to freedom who is emancipated by one having 
 had possession of slave long enough to bar a recovery by owner, 4 E. 600. 
 
 act of 1792 construed, 4 E. 659. 
 
 persons brought from Maryland held, in this case, 6 E. 612. 
 
 party dealing through his, held bound, 4 L. 231. 
 
 when equity should relieve owner of, wrongfully seized for debt of another, 
 
 4 L. 346. 
 
 qusere, what bailment of, for heir fraudulent against creditors of bailee, 
 
 5 L. 6. 
 
 statute of limitations does not avail against bill for, unle^ pleaded, 5 L. 88. 
 when equity has not jurisdiction for heir claiming, assigned as dower, 5 
 
 L. 149. 
 what parol gift of, void, 6 L. 486. 
 what a gift of a slave, 7 L. 119. 
 what a loan of a slave, 7 L. 317. 
 
 what children of a slave do not pass to donee, 7 L. 590. 
 when hirer of slave liable for his loss, 8 L. 565. 
 
 when guardian only allowed profits of increase of, of ward, 11 L. 439. 
 what indemnity owners of, carried off by British in war of 1812 entitled 
 
 to, 1 Bob. 488. 
 equity has no jurisdiction of bill for recovery of, 1 Bob. 323. 
 equity has not jurisdiction of bill in this case, 1 Eob. 604. 
 what decree propeir if slave removed from State in contempt of court, 2 
 
 Eob. 729. 
 how, accounted for in this case, 1 G. 403. 
 the law recognizes no condition between slavery and freedom, 2 G. 227 ; 
 
 1 P. & H. 161. 
 may be emancipated by nuncupative wiU, 1 G. 129. 
 held emancipated by this will, 1 G. 327. 
 not necessary to state names of owners of, in indictment for selling liquor 
 
 to, 1 G. 553. 
 what necessary to give effect to parol gift of, 2 G. 1. 
 slave not( proper party to controversy between third persons as to his 
 
 right of freedom, 2 G. 330. 
 what necessary to make a parol gift of, valid, 3 G. 1. 
 
SLAVES. 609 
 
 SLAVES, Continued. 
 
 not proper parties to controversy of third parties involving their right to 
 
 freedom, 3 G. 315. 
 emancipated by will may propound it for probate, 4 G-. 106. 
 owner of, hired out, responsible for medical attendance to them, 4 G. 176. 
 how tenant for life and administratrix held to account for hires of, and 
 
 interest thereon, 4 G. 257. 
 persons not holding, as fiduciaries not held to account for interest on 
 
 estimated hires, 4 G. 257. -" , 
 
 executor buying at his own sale must account for hires and interest, when, 
 
 5G. 6. 
 persons recovering freedom not entitled to mesne profits, 5 G. 12. 
 who may file bill in equity to prevent removal of, from State, 5 G. 55. 
 what sufficient proof of parol gift and delivery of, 5 G. 364. 
 in possession of party on hire for more than five years, not liable for his 
 
 debts, 5 G. 379. 
 when sale of, enjoined by infant legatees or persons claiming them, 5 G. 479 . 
 when party liable for removing, from State. What not a reversion in, 6 
 
 G. 481. 
 when, in possession of loanee liable for his debts, 6 G. 582. 
 in detinue for female slave children born since commencement of suit 
 
 recovered, 7 G. 373. 
 what condition annexed to emancipation of slave void, 9 G. 537. 
 sale of, emancipated by will set aside, 9 G. 708. 
 carried to New York held to be free, 10 G. 485. 
 detinue for, will not lie against person on whose premises they were, he 
 
 not claiming them, 11 G. 99. 
 what conveyance of land to, void, 11 G. 755. 
 emancipated, may remain in State, when, 6 L. 607. 
 cannot be held in trust for free negroes but may be sold for their benefit, 
 
 14 G. 251. 
 
 administrator of life tenant of, has no right to them, 16 G. 236. 
 debts due for, emancipated by the war not abated, 18 G. 150. 
 condition annexed to, void. When, should have their hires, 12 G. 117. 
 doctrine of perpetuities as to personal chattels does not apply to gift of 
 
 freedom to, 12 G. 333. 
 when issue of slave who is given freedom remain, 2 E. 228 ; 12 G. 394. 
 provision in will that, may elect to be free or to he sold publicly, void, 14 
 
 G. 132, 394. 
 what, emancipated by this will, 14 G. 287. 
 when, emancipated by deed. When cannot be subjected for debts of owner, 
 
 15 G. 256. 
 
 in what court suits for freedom must be brought, 12 G. 528. 
 
 how question of jurisdiction may be raised, 12 G. 528. 
 
 when, cannot sue testator's executor for freedom, 14 G. 363. 
 
 what plaintiff in a suit for freedom must prove, 15 G. 314. 
 
 how slave tried for a felony whose punishment is death mustbeeonvicted, 
 
 16 G. 561. 
 
510 SLAVES. 
 
 SLAVES, Continued. 
 slave improperly convicted relieved by habeas corpus, 16 G. 561. 
 effect of proclamation of President Lincoln freeing, 24 G. 125, 260. 
 bond given for purchase of, held good, 24 G. 125. 
 •when emancipation of, by will and legacies to them valid, 29 G. 9. 
 who are, by law, J. 87, 90, 109. 
 what description includes, J. 45, 132. 
 nature of estate; resemblance to copyhold, J. 52, 82. 
 chattels real. Tail of them when not annexed to lands, J. 73. 
 use of, may be under statute of uses, J. 72. 
 of feme in possession, J. 1, 37. 
 in action, J. 72. 
 
 tenancy by curtesy in, J. 73, 85. 
 increase of, how considered, J. 5. 
 unborn, can they be bequeathed, J. 43. 
 go with mother, J. 67. 
 in ventre aa mere, J. 52. 
 • rerfiainder in, limited, J. 2, 5, 37, 43, 52, 53. 
 what is importation of, J. 8. 
 
 reversion of, if younger children may claim share of value, J. 86. 
 residuum of, what it comprehends, J. 1, 133. 
 undivided interest in, passes as a divided one, J. 1 . 
 value of, where demandable, J. 10, 52, 86. ^ 
 
 hotchpot, if it takes place in sharing, J. 86. 
 where possession retained to finish crop, J. 123, 129. 
 in such case can, be otherwise employed, J. 129. 
 value, if shared without regard to former advances, J. 86. 
 distribution, if subject to, J. 73. 
 acq[uired after date of will, do they pass, J. 132. 
 assent of executor passes, J. 6. 
 what words convey life estate in, J. 43. 
 property in, conveyed without words of limitation, J. 67. 
 parol gift of, without delivery, J. 79. 
 detinue for, when proper, J. 1. 
 who may join in action, J. 56. 
 deceit in sale of, J. 10. 
 obligation for purchase of, fraudulently obtained, void as to seller but not 
 
 as to assignee, Wy. 47. 
 damages given for slandering title to, Wy. 69. 
 to what, widow entitled in lieu of dower, Wy. 90. 
 embraced in this bequest, Wy. 123. 
 
 what act of 1758 as to fraudulent gifts of, did not include, Wy. 322. 
 devise of, owned by testator at date of will held valid, Wy. 137. 
 qumre, is a bequest of a slave to such person as he may prefer, valid, 1 P. 
 
 & H. 161. 
 held entitled to money with which lands were to be bought for them, 1 P. 
 
 &H.167. 
 as to election, allowed in this case, 1 P. & H. 167. 
 
SLAVES— SPECIFIC PERFORMANCE. 511 
 
 SLAVES, Continued. 
 legacy paid, without refunding bond, 1 P. & H. 167. 
 when interest of dead, survives to remainder of a class of legatees, 1 P. & 
 
 H. 167, 
 when equity can enjoin sale of, of an estate under a wrongful levy. When 
 
 not, 2 P. & H. 579. 
 what must be shown on prosecution under act 1847-8, ch. 10, ^24, 7 G. 
 
 602. 
 killing of, by master is murder in the first degree, when, 7 G. 673. 
 conviction for advising one slave to abscond, no bar to prosecution for ad- 
 vising another to do so, 7 G. 593. 
 allegata and probata did not agree in indictment for stealing, 1 V. C. 14. 
 when defendant acquitted on indictment in this case, 1 V. C. 122. 
 what not sale of a free negro under act of 1787, 2 V. C. 144. 
 proceeding against person allowing, to hire themselves, as if free, 2 V. C. 
 
 155 ; 1 Eob. 675. 
 what judgment of a court condemning, to death cannot be reviewed, 2 V. 
 
 C. 330. . 
 gussre, can owner be indicted for beating his own slave cruelly, 2 V; C. 
 
 394. 
 when indictment for removing slave, fatally defective, 4 L. 692. 
 indictment for aiding slave to escape held sufficient, 8 L. 755. 
 if there be doubt whether person aided was a slave, accused should be ac- 
 ■ quitted, 2 G. 571. 
 owner of slave committed as a free person cannot have him released by 
 
 habeas corpus, 2 G. 588. 
 master may give consent to purchase by, of liquor so as to protect seller, 
 
 12 G. 714. 
 as to proceeding against master of a slave, 1 Eob. 675. 
 when trustee improperly selling, liable to oestius que trust for proceeds, 33 
 
 G. 256. 
 SPECIAL TEEM. 
 
 notice on forthcoming bond to regular term authorizes execution at. 1 G. 1. 
 SPECIALTY, 
 single bill under seal is a, and drawer and endorsers cannot be sued jointly, 
 
 4 E. 253. 
 debt on, and simple contract may be joined, 5 L. 109. 
 in suit on, parol agreement cannot be pleaded in bar except by statute, 7 
 
 L. 501. 
 in debt on, what evidence admissible on plea of payment, 8 L. 214. 
 
 SPECIAL VEEDICT ; see Verdict. 
 
 SPECIFIC PEEFOEMANCE; see Equity; Purchaser ; ^Vendor and Vendee. 
 decree for, of contract for sale of land. When an agreement is in equity 
 
 specifically performed, Wy. 268, 272. 
 courts have wide discretion in suits for, 2 P. & H. 43. 
 a debt to create which a bill for, is necessary is not the subject of an at- 
 tachment, 2 P. & H. 43. 
 
512 SPECIFIC PEEFORMANCE. 
 
 SPECIFIC PERFORMANCE, Continued. 
 equity can enforce, of an award or agreement as to conveyance of land, 2 
 
 P. & H. 442. 
 when equity will decree, 1 W 274 ; 1 L. 183 ; 5 L. 686. 
 when equity will not decree, 1 W. 290; 6 C. 308 ; 1 L. 306 ; 6 L. 175 ; 26 
 
 G. 305, 384. 
 when, decreed on equitable terms, purchaser iailing to perform contract, 2 
 
 W. 94. 
 parol evidence admitted to prove meaning of parties to deed, on a bill for^ 
 
 2 0.5. 
 when, of a covenant in a deed made by wife will be decreed, 3 C. 394. 
 bill lies for, of a marriage contract, though plaintiff has redress at law, 4 
 
 C. 231. 
 when lapse of time is a bar to a bill for, 5 C. 514. 
 when party bound to, though supposing there is a deficiency in laud sold 
 
 him, 1 H. & M. 110. 
 when deTendant sued for breach of contract cannot file bill for, of it, 1 H. 
 
 & M. 110. 
 when court may decree payment of money in lieu of, 1 H. & M. 310. 
 when court if unable to decree, may decree sum against defendant condi- 
 tionally, 4 M. 97. 
 agreement for sale of land without fixing price, too uncertain for a decree 
 
 for, when, 5 M. 396. 
 what decree should be in suit for, of a contract for sale of lands, 3 M. 317. 
 will not be decreed if there was a misunderstanding as to identity of land 
 
 sold. 5 M. 185. 
 when on bill for, purchaser not allowed compensation for locating land, 5 
 
 M. 324. 
 of a contract to buUd a tavern in partnership decreed, 5 M. 442. 
 of parol agreement to get patent for land and convey part to plaintiff, 
 
 enforced, 6 M. 406. 
 parol agreement for land and part performance enforced in equity, 1 R. 165. 
 lessee cannot enforce agreement to make a lease, unless he oflfers to per- 
 form his part of it, 1 R. 408. 
 when purchaser compelled to accept title to part and compensation for 
 
 deficiency, 2 E. 120. 
 principles governing decree for, of parol contract for land in part performed, 
 
 3 E. 238. 
 equity will refuse to rescind contract even when it will not decree, 3 E. 504. 
 collateral circumstances as to agreement may be proved by parol by de- 
 fendant in suit for, 3 E. 537. 
 vendor must acknowledge conveyance of land so that it may be recorded, 
 1 L. 80. 
 
 what mortgage no valid objection to decree for payment of balance of pur- 
 chase money, 1 L. 125. 
 
 when acknowledgment of vendee's right by heir of vendor sufficient for 
 decree for, 1 L. 231. 
 
SPECIFIC PERFOKMANCE. 513 
 
 SPECIFIC PERFORMANCE, Continued. 
 
 refused, there being no meritorious or valuable consideration to siij^ort 
 agreement, 2 L. 569. ^ 
 
 of contract by husband and wife to sell wife's land refused in suit against 
 purchaser, 3 L. 272. 
 
 vendee not compelled to take part of land under an agreement to buy the 
 whole, 3 L. 161. 
 
 refused, vendor having a defective title to land, 3 L. 161. 
 
 on bill for, vendor's title cannot be first objected to in Court of Appeals, 3 
 L. 619. 
 
 decreed, sale of land having been in gross, 4 L. 627. 
 
 a purchaser abandoning contract not entitled to, of it, 5 L. 561. 
 
 when rule that equityrefuses, where remedyisnotmutnal, applies, 6 L. 175. 
 
 what note made at sale by clerk sufScient to entitle vendor to, 7 L. 165. 
 
 of contract for sale of land and chattels for a sum in gross, decreed, 11 L. 
 559. 
 
 what suflBcient grounds for refusal of a decree for, 12 L. 69. 
 
 bill for, against husband who agreed to sell wife's land dismissed, 1 Rob. 
 256. 
 
 refused on a<fcount of long default of vendor and his heirs and change Of 
 circumstances, 1 Kob. 12. 
 
 when assignee of note for purchase money for land may sue assignor, ven- 
 dor and vendee for, 3 G. 232, 253. 
 
 when, at suit of vendor not decreed. When recovery in ejectment no bar 
 to suit by vendor for, 4 G 235. 
 
 principles of granting; when refused to veudee but money paid by him 
 returned, 6 G. 78. 
 
 when, of a parol contract for exchange of lands enforced. When contract 
 rescinded. 9 G. 1. 
 
 bilWbr, of contract to keep open a lane dismissed, 9 G. 430. 
 
 of contract of sale by coparceners enforced against grantee, when, 11 G. 
 340. 
 
 when decreed at suit of vendor who has equitable title only, without di- 
 recting a conveyance by him, 11 G. 468. 
 
 as to, of contract for sale and purchase of land, 22 G. 82. 
 
 what must appear in suit for, of pardl agreement for sale of land, 22 G. 
 370 ; 23 G. 588. 
 
 contract for sale of land for Confederate money enforced, 22 G. 769, 888. 
 
 how damages done defendant ascertained in a suit for, 22 G. 814. 
 
 when court will not enforce, of contract but rescind it, 25 G. 181. 
 
 when "and how, of a contract for exchange of land enforced, 25 G. 278. 
 
 what done in this case of a bill for, 25 G. 427. 
 
 when, of parol contract for sale of land will be enforced, 28 G. 678. 
 
 when, of parol agreement for land in consideration of future support en- 
 forced, 28 G. 737. 
 
 principles of enforcing, of parol contract on ground of part performance, 
 28 G. 737. 
 
 65 
 
614 SPECIFIC PERFORMANCE— STATUTES. 
 
 SPECIFIC PERFORMANCE, Continued. 
 
 when equity will, and will not, enforce, of contract for sale of land, 29 6. 
 
 '511 ; 310.379,442. 
 as to accounts for purchase money, rents, &c., if, not enforced, 31 G. 379. 
 
 STABBING. 
 
 a slave is within act of Jan., 1803, 1 V. C. 184. 
 
 what no bar to indictment for, 2 V. C. 205. 
 
 what indictment for, sufficient, 2 V. C. 379 ; 9 L. 669. 
 STAKE HOLDER, 
 
 when party holding Confederate money as, not liable for loss, 25 G. 427. 
 
 STAMP. 
 
 writing without, admissible in evidence in State courts, 21 G. 75. 
 
 force of laws of State where a note is made in suit on it in Virginia, 17 G. 
 47; 2 P. &H. 144. 
 STATE. 
 
 when not responsible for tobacco destroyed during the war, 22 G. 41. 
 STATE BONDS; see Coupons. 
 
 how far act of March 7, 1872, as to, constitutional, 24 G. 169. 
 
 what, embraced in act X §10 of constitution, 24 G. 172. « 
 
 what, not embraced in act March 30, 1871, 24 G. 172. 
 ..what, embraced in act March 30, 1871, 24 G. 319. 
 
 auditor may be compelled by mandamus to fund and transfer, 24 G. 319. 
 
 act March 18, 1862, repealed by implication, 24 G. 319. 
 
 holder of, applying in November, 1879, cannot have them funded under 
 act of March, 1871, 32 G. 654. 
 STATUTES; see Constitutional Law. 
 
 1. In Genekal. 
 
 2. cosrstkued oe considbeed. 
 
 1. In Geneeal: ^ 
 
 which English statutes in force herC; J. 60. 
 at what time a, commences, J. 8. 
 quxre, is act 1727, ch. 11 retrospective, J. 73. 
 
 deeds operating under, of uses only convey grantor's interest, 1 W, 381. 
 two affirmative, on same subject, will both be held good if possible, 2 W. 
 
 282. 
 construction of a, long acquiesced in ought not to be disturbed, 4 C. 109. 
 for sale of infant's lands not obtained by fraud is valid, 4 C. 514. 
 necessity excuses the infraction of a, 4 C. 564. 
 ordinances of convention of 1776, had the force of laws, 1 V. C. 7. 
 constitution of Va. is a fundamental law binding on all persons, 1 V. 0. 
 
 20, 98. 
 law of 1792 allowing injunctions to be granted by district judges void, 1 
 
 V. C. 20, 98. 
 act of Congress requiring instrument given in evidence to be stamped, no 
 
 violation of the constitution, 1 V. C. 128. 
 offence created by act of Congress cannot be punished in the State courts, 
 
 1 V. C. 321. 
 
STATUTES. 515 
 
 STATUTES, In GeneeAl, Qmtinued. 
 what proper authentication of, of another State, 2 V. C. 95. 
 effect of statutes passed at different times and incorporated in revisal of 
 
 laws, 6 L. 74. 
 constitution of Va. Sup. R. C. art 3, §11, construed, 2 G. 219. 
 charter Northwestern Bank of Va., construed, 9 G. 127. 
 act January 30, 1834, not applicable to inquests as to public landings, 10 
 
 G. 12. 
 requiring license to keep cook-shop does not avoid ordinance of Eichmond 
 
 as to cook-shops, 12 G. 17. 
 rule of practice of TJ, S. Supreme Court in conflict with att of Congress is 
 
 void, 12 G. 60. 
 ^15 of act March 2, 1854, as to tax on collateral inheritances is repealed by 
 
 act 1856, 16 G. 1. 
 when, repealing common law is repealed, law is restored to its former state, 
 
 16 G. 363, 519. 
 
 ?3 of constitution does not repeal law as to jurors, 20 G. 733, 800. 
 
 effect of repeal of a, on inchoate rights acquired under it, 20 G. 211. 
 
 word " person " in a, includes corporations, 13 G. 655. 
 
 construction of city ordinance as to license to keep an ordinary, 12 G, 292, 
 
 how acts forming new counties construed, 13 G. 389. 
 
 ordinances of Convention of 1776 had force of laws, 1 V. C. 79. 
 
 what copy of, of another State properly certified to be put in evidence, 2 
 
 V. C. 95. 
 it must appear that law was intended to operate ret):oactiyely, 14 G. 24, 
 general terms of, restricted to carry out intention of the legislature, 15 G. 
 
 381 ; 17 G. 176. 
 conferring power of taxation and exempting from taxation, how construed, 
 
 17 G. 176. 
 
 what words in charter make real estate personal estate, 21 G. 604. 
 
 general rules as to construing. When, repeal laws by implication, 16 G. 
 1 ; 18 G. 989. 
 
 article XI Jl of constitution and act June 27, 1870, declared unconstitu- 
 tional, 22 G. 266. 
 
 when proviso in one section of an act applied to another section. "When 
 not, 23 G. 542. 
 
 act March, 1870, called enabling act, is valid, 23 G. 691. 
 
 President Lincoln's emancipation proclamation, 24 G. 125, 260, 
 
 when a, will and will not be repealed by implication, 29 G. 705 ; 33 G. 696. 
 
 principles on which construed prospective or retrospective, 33 G. 674. 
 2, Construed oe Considbked : 
 
 5 George IL construed, J. 58. 
 
 Henning's Statuteo at Large, vol. 13 p. 128-9, as to suits by committee of 
 lunatics, 1 P. & H. 1. 
 
 1 K. C. ch. 76 2?14, 15 as to attorney's fees, 1 P. & H. 48. 
 
 Code 1849 ch. 176 ?34, as to perpetuation of testimony, 1 P. & H. 109. 
 
 Code 1819 ch. 104 gS, as to pretermitted children, 1 P. & H. 353. 
 
 act April 10, 1831, as to appeals, 2 P. & H. 8. 
 
516 STATUTES. 
 
 STATUTES, Construed ok Considered, Continued. 
 
 Sup. E. C. 1819 ch. 900 as to limitation of snita against fiduciaries, 2 P. & 
 H. 169,561. 
 
 Sup. E. C. 1819 ch. 96 ^1, as to informalities in proceedings in equity, 2 P. 
 & H. S06. 
 
 1 E. C. 1 819 ch. 99 §15, as to conveyances by femes covert, 2 P. & H. 369, 
 
 Code 1850 p. 657, as to removal and revival of causes, 2 P. & H. 608. 
 
 Sup. E. C. ch. 109 §17, as to special courts, 1 G. 1. 
 
 Sup. R. C. ch. 158 §8, as to commissions of executors, 1 G. 11. 
 
 1 R. C. ch. 104 §13, as to issues of devisavit vel non, 1 G. 18. 
 
 1 E. C. ch. 123 §1, as to attachments, 1 G. 96. 
 
 1 E. C. ch. 66 §98, as to pleas and demurrers in chancery, 1 G. 108. 
 
 1 E. 0. ch. Ill §53, as to emancipation of slaves, 1 G. 139. 
 
 acts 1813-14 p. 22 forbidding sheriffs to purchase~land sold for taxes, 1 G. 
 158. 
 
 1 E. C. ch. 104 §63, authorizing action on bonds of personal representa- 
 tives, 1 G. 229. 
 
 1 E. C. ch. 134 §27, as to indemnifying bonds, 1 G. 282. 
 Sup. E. C. ch. 109 §31, as to appeals, 1 G. 294. 
 
 Sstat. at large ch'. 1 §4, as to recording of deeds, 1 G. 347. 
 
 Sup. E. C. ch. 200 §1, as to limiting actions against fiduciaries, 1 G. 436. 
 
 acts 1823, ch. 9, §6 as to costs in prosecutions for misdemeanors, 1 G. 556. 
 
 2 K. C. ch. 174, §14, as to auditor and treasurer, 2 G. 134. 
 1 R. C. ch. 78, §13, as to sheriffs, 2 G. 175. 
 
 1 E. C. ch. 99, §4, as to conveyances, 2 G. 182. 
 
 1 R. C. ch. 96, §19, as to descents, 2 G. 203. 
 
 1 R. C. ch. 99, §6, as to conveyances, 2 G. 216, 
 
 1 R. C. ch. 147, §1, as to gaming, 2 G. 257. 
 
 1 R. C. ch. 78, §1, as to partitions, 2 G. 340. 
 
 Sup. E. 0. ch. 165, §3, concerning divorces, 2 G. 350. 
 
 10 Hen. Stat. ch. 6, p. 25, as to officers, soldiers, sailors and marines, 2 G. 
 
 391, 393. 
 1 E. C. ch. 99, §11, as to conveyances, 2 G, 415. 
 
 1 E. C. ch. 99, §§1, 7, as to conveyances, 2 G. 471. , 
 
 acts 1823-24, ch. 38, §15, incorporating Chesapeake and Ohio Canal Com- 
 pany, 2 G. 511. 
 
 2 E. C. ch. 225, §§1, 2, 3, 4, 6, as to wills, 2 G. 52S. 
 
 Sup. E. C. ch. 199, §2, and acts 1833-34, ch. 62, §1, as to foreign bills of ex- 
 change, 2 G. 534. 
 
 1 E. C. ch. 141, §6, as to Sabbath breakers, 2 G. 555. 
 
 1 E. 0. ch. 171, §§58, 60, as to penitentiary, 2 G. 581. 
 
 acts 1844-5, ch. 70, §1, as to errors in criminal proceedings, 2 G. 558. 
 
 1 R. C. oh. Ill, §30, as to slaves, free negroes and mulattoes, 2 G. 629. 
 
 Sup. R. C. p. 157, §63, as to special pleas in equitable defences, 3 G. 91 ; 6 
 G. 304. 
 
 1 E. C. ch. Ill, §51, as to gifta of sl.ives, 3 G. 1. 
 
 1 R. C. ch. 99, p. 361, as to fraudulent conveyamces, 3 G. 25. 
 
 1 R. C. ch. 123, §4, as to proceedings against absent debtors, 3 G. 94. 
 
STATUTES. 517 
 
 STATUTES, Construed oe Considered, Continued. 
 
 Sup. E. C. cU. 206, p. 265, as to dispensing with proof of handwriting S G 
 
 182, 422. 
 acts 1836-7, ch. 84, §17, as to liens by corporations, 3 G. 206. 
 acts 1839, ch. 66, §4, as to dispensing with proof of partnership, 3 G. 442. 
 Sup. R. C. ch. 109, ^30, as to appeals of right to circuit courts, 3 G. 312 
 
 313, 428. 
 1 R. C. ch. 104, ?|21, 35, 41, as to grant of adniinistration, 3 G. 448. 
 1 E. C. ch. 128, §5, as to limitations on judgments, 4 G. 25; 7 G. 425. 
 1 E. C. ch. 104, §11, as to proof of wills, 4 G. 103. 
 Sup. R. C. ch. 109, §31, as to limitation on appeals, 4 G. 180. 
 1 E. C. ch. 28, §4 and ch. 71, §3, as to oaths, 4 6. 281. 
 act March 5, 1846 in relation to public schools, 4 G. 528. 
 Sup. E. C. ch. 109, §32, as to damages on appeals, 4 G. 1. 
 1 E. C. ch. 118, §1, as to damages for mesne profits in writs of right, 4 G. 16. 
 1 E. C. ch. 99, §7, as to acknowledgment of deeds, 5 G. 110. 
 1 E. C. ch. 99, §15, as to privy examination of feme, 5 G. 110. 
 act March 22, 1837 as to appointment of bank directors, 5 G. 174. 
 Sup. E. C. ch. 109, §43, as to damages on injunctions, 5 G. 193. 
 act April 6, 1839 as to binding out poor children, 5 G. 285. 
 acts 1834-5, p. 82, as to Upper Appomattox Company, 5 G. 332. 
 1 E. C. ch. 101, §2 as to fraudulent loans, 5 G. 379. 
 1 E. C. ch. 99, §21, as to warranties, 5 G. 63. 
 act Jlarcla 31, 1848, as to Special Court of Appeals, 5 G. 518. 
 Sup. R. C. p. 130, as to answers in chancery, 6 G. 88, 174. 
 Sup. R. C. p. 153, as to Northwest Turnpike road, 6 G. 160. 
 1 E. C. ch. 115 §§7, 8, as to warrants of unlawful detainer, 6 G. 207. 
 1 E. C. p. 409-10 and Sup. E. C. p. 134, as to saleof infant's lands, 6 G. 339. 
 act 1839-40 p. 47 as to appointment of guardians ad litem, 6 G. 339. 
 1 R. C. p. 545 §55, as to executions on decrees, 6 G. 451. 
 1 E. C. ch. Ill, §48, as to life tenants moving slaves from State, 6 G. 481. 
 Sup. E. C. ch. 143, as to Special Court of Appeals, 6 G. 529. 
 Code 1849 ch. 51, §1, as to private and local acts, 7G. 205. 
 Code 1849 ch. 182 §3, limiting appeals to Court of Appeals to |200, 7 G. 
 
 233. 
 Code 1849 ch. 182 §17, as to limitation of appeals, 7 G. 374. 
 Code 1849 ch. 16 §18 and ch. 216 §2, as to suits pending when Code went 
 
 into efiect, 7 G. 374. 
 Code 1849 ch. 149 §19, as to limitation of suits, 7 G. 374. 
 1 R. C. ch. 128 §65 and Sup. E. C. ch. 192 §2, as to scire facias, 7 G. 202. 
 acts 1847-8 ch. 27 §2, repealing prior acts, 7 G. 591. 
 1 Stat, at large, N. S. p 85, regulating conveyances, 8 G. 6. 
 Code 1849 ch. 182 §2, as to jurisdiction of Court of Appeals, 8 G. 549. 
 statutes as to turnpike over Price's mountain, 9 G. 45. 
 Code 1849 p. 681, as to correction of clerical errors, 9 G. 64. 
 Code 1849 p. 613, as to writ of Jiubeas corpus, 9 G. 102. 
 1 E. C. eh. 104 §52, as to sheriff's administrators, 9 G. 584. 
 1 E. C. ch. 104 §7, as to nuncupative wills, 10 G. 64. 
 
618 STATUTES. 
 
 STATUTES, CoNSTKUED OB Considered. 
 
 Code 1849 ch. 124 ?1, as to partition, 10 G. 145. 
 
 Code 1849 ch. 216 §2, as to repealing previous laws, 10 G. 145. 
 
 Sup. E. C. p. 152 §44, as to granting injunctions, 10 G. 211. 
 
 acts 1844 ch. 70, as to pleading usury, 10 G. 221. 
 
 Sup. E. C. p. 260, as to limitations of actions, 10 G. 358. 
 
 act of Mai-ch 23, 1836, as to forfeiture of land, 10 G. 400, 405. 
 
 various acts as to forfeited land, 10 G. 405, 418, 445. 
 
 1 R. C. 1814, p. 218, as to registry of deeds, 10 G. 445. 
 
 act March 30, 1837, as to Westmoreland titles, 10 G. 445. 
 
 1 R. C. ch. 136 §3 and ch. 134 ?48, as to remedies against sheriffs, 10G.539. 
 
 acts 1842-3 p. 51 as to docketing judgments, 10 G. 580. 
 
 1 E. C. ch. 96 §20 and Sup. E. C. ch. 149 §2 as to sales of lands uqder $300, 
 10 G. 594. 
 
 1 E. C. p. 209 §'61, as to damages on dissolution of injunctions, 10 G. 612. 
 
 act March 31, 1851, as to plaintiff requiring security, 10 G. 641. 
 
 acts 1852 ch. 92 §4, as to plaintiff filing interrogatories, 10 G. 641. 
 
 act June 5, 1853, and constitution, as to jurisdiction of supreme and dis- 
 trict courts, 10 G. 650. 
 
 Code 1849 ch. 122 §4, as to attestation of wills, 11 G. 220. 
 
 1 E. C. ch. 128 §103, as to jeofails, 11 G. 202. 
 
 1 R. C. ch. 113 §13, as to rents, 11 G 411. 
 
 acts 1841 p. 31, relinquishing commonwealth's right to forfeited land, 11 
 G. 572. 
 
 acts 1843 ch. 9 §4, as to removal of causes, 11 G. 537, 587. 
 
 acts 1852 ch. 95 §1', as to remedies against absent debtors, 11 G. 610. 
 
 1 R. C. p. 475-6 §4 as to decrees against absent defendants, 11 G, 615. 
 
 Code 1849 ch. 96 §3, as to ordinaries, 11 G. 655. 
 
 act of March 6, 1847, as to Wheeling and Baltimore & Ohio R. R., 13 G.40. 
 
 act Feb. 24, 1846, as to juries, 3 G. 566, 599, 602. 
 
 1 E. C. ch. 169 §2, as to bail in criminal cases, 3 G. 78, 214. 
 
 1 R. 0. ch. 12, as to administering oaths by clerks, 4 G. 554. 
 
 2 R. C. ch. 248 §18, as to navigation of upper James river, 4 G. 532. 
 Sup. E, C. ch. 226, as to wilful trespasses, 5 G. 657. 
 
 1 R. C. ch. 160 §4, as to arson, 5 G. 664. 
 
 act March 7, 1834, as to selling liquor without license, 5 G. 674, 
 act March, 1840, as to selling liquor without license, 5 G. 682. 
 1 R. C. ch. Ill §13, as to slaves remaining on premises, 5 G. 695. 
 act March 14, 1848, as to grand larceny, 6 G. 671. 
 act 1848 ch. 11 §12, as to attempts to commit crimes, 6 G. 706. 
 act 1847-8 ch. 4 §7, as to malicious burning, 8 G. 624. 
 Code 1849, ch. 207 §13, as to prisoner's rights to be discharged, 8 G. 600. 
 Code 1849 ch. 208 §36, as to prisoner's right to be discharged, 8 G. 661. 
 Code 1849 ch. 199 §16, as to proceedings if prisoner acquitted for a vari- 
 ance, 8 G. 661, 
 
 Code 1849 ch. 209 §17, as to imprisonment in case of -fines, 8 G. 702. 
 Code 1849 ch. 208 §§4. 9, 10, as to jurors, 9 G, 727. 
 
STATUTES. 519 
 
 STATUTES, Construed oe Considbeed, Continued. 
 
 Code 1849 cli. 199 ?25, as to punishment for second offence in felony, 9 G. 
 738, 
 ' Code 1849 eh. 208 ?34, as to several counts ih an indictment, 9 G. 738. 
 
 Code 1849 p. 783, §11, as to costs in criminal cases, 10 G, 696, 
 
 Code 1849 p. 770 ?§10, 11, as to criminal pleadings, 10 G. 708. 
 
 Code 1849 p. 752 §21, as to persons jointly indicted, 10 G. 708. 
 
 Constitution of Virginia Art. VI §7, as to circuit courts, 10 G. 749. 
 
 Code 1849 ch. 38 §18, as to selling ardent spirits, 11 G. 819. 
 
 Code 1849 ch, 181 §5, as to amendments, 11 G. 822. 
 
 Code 1849 ch. 193 §5, as to forgeries, 11 G. 822. 
 
 acts 1866-7 ch. 207 §13, as to delay in trial of prisoners, 19 G. 478. 
 
 Code 1860 ch. 208 §27, as to conviction of person indicted for felony, but 
 convicted of part of offence charged, 17 G. 592. 
 
 Code 1860 ch. 198 §4, as to gaming, 14 G. 582, 679. 
 
 Code 1860 ch. 88, as to inspecting flour, 15 G. 457. 
 
 Code 1860 ch. 198 §10, Is a remedial statute, 15 G. 653. 
 
 Code 1860 ch, 16 §18, as to construction of statutes, 19 G. 485. 
 
 Code 1860 ch. 95, a.s to. harbor masters, 21 G. 685. 
 
 Code 1860 ch. 109 §7, as to divorces, 22 G. 168. 
 
 acts 1852 and 1867 as to Building Fund Associations, 22 G. 233. 
 
 Code 1860 ch. 135 §15, as to ouster of possession, 22 G. 414. 
 
 Code 1860 ch. 174 §1, as to removal of causes, 22 G. 437. 
 
 §1 of adjustment act of March 3, 1866, 22 G. 550. 
 
 Code 1860 ch. 172 §4, as to set off, 23 G. 595. 
 
 act March 30, 1871, as to funding debt of State, 23 G. 833. 
 
 act March 7, 1872, as to what receivable for taxes, 32 G. 833. 
 
 Code 1860 ch. 209 §§19, 20, as to discharge of persons in custody for a fine, 
 23 G. 10. 
 
 Code 1860 ch. 155, as to prohibition, 23 G. 51. 
 
 Art. VI §2 of Constitution, as to municipal oiBcers, 23 G. 51. 
 
 act May 28, 1870, to prevent sacrifice of property at forced sales, 23 G. 173. 
 
 act April 29, 1867, §2, as to inspection of tobacco, 23 G. 184. 
 
 Code 1849 ch. 135 §§30, 34 and ch. 136, as to rents and profits and allow- 
 ance for improvernents, 23 G. 266. 
 
 Code 1849 ch. 138 §17, as to re-entry on lands, 23 G. 331. 
 
 Code 1860 ch. 132 §16, as to settling accounts of fiduciaries, 23 G. 376. 
 
 acts Feb., 1866, and March, 1871, as to foreign insurance companies, 23 G. 
 509. 
 
 acts of 1869-70 p. 579, as to transfer of causes to circuit courts, 33 G. 579... 
 
 Code 1860 ch. 49 §40, as to judgments against officers, 23 G. 825. 
 
 acts 1870-71 p. 99, as to sales by sample, 23 G. 935. 
 
 Code 1860 ch. 194 §§15, 16, as to stealing bank notes, 23 G. 949. 
 
 acts 1870-71 p. 332, as to sheriffs, 23 G. 960. 
 
 Code 1860 ch. 172 §5, as to equitable defence, 24 G. 42. 
 
 act March 7, 1872, as to investments in coupon bonds, 24 G. 169. 
 
 art. X §10 of constitution and act 1861-2 as to James River and Kanawha 
 Company, 24 G. 172. 
 
5'20 STATUTES. 
 
 STATUTES, CoisrsTKUKD ok Considered, Continued. 
 Code 1860 ch. 49 ?2, as to bonds of sheriffs and sergeants, 24 G. 284. 
 Code 1849 ch. 129 111, as to appointment of guardians, 24 G. 302. 
 Code 1860 ch. 119 Mi, 5 and ch. J86 U^, 5, 8, as to registry of decrees 
 
 and lis pendens, 24 G. 454. 
 acts 1866-7 ch. 283 §14, as to larceny from the person, 24 G. 555. 
 acts 1869-70 ch. 179 |10, as to county treasurer, 24 G. 563. 
 act October 7, 1870 amending Code 1860 ch. 13 §1, unconstitutional, 24 G. 
 
 624. 
 Code 1873 ch. 57 ?36 as to defence of usury by corporations, 25 G. 1. 
 Code 1873 ch. 172 ??21, 22, as to parties testifying, 25 G. 28, 361. 
 acts 1871-72 p. 484, as to exemption from taxation, 25 G. 97. 
 Code 1860 ch. 80 as to charitable bequests, 25 G. 107. 
 Code 1873 ch. 175 ??5, 6, as to judgments by default, 25 G. 146. 
 act March 5, 1863, as to investments by fiduciaries, 25 G. 410. 
 Code 1873 ch. 143 §45, as to notice by sureties to creditors to sue, 25 6. 
 
 553. 
 act April, 1839, and Code 1849 ch. 80, as to devises to schools, 25 G. 599. 
 Code 1873 ch. 115 §§3, 4, as to mechanics' Hens, 25 G. 616. 
 bankrupt act of 1867 ?33, 25 G. 642. 
 acts 1872-3 p. 372, as to county treasurers, 25 G. 780. 
 Code 1860 ch. 122 §12, as to death of legatee before testator, 25 G. 845. 
 Code 1873 ch. 42 §22, as to public debt is not repealed, 25 G. 865. 
 art. IV §5 of constitution, as to power of pardon by governor, 25 G. 850. 
 acts 1874 ch. 240 §104, imposing license tax on merchants is constitutional, 
 
 25 G. 951. 
 art. X §§1, 4 of constitution, as to taxing power, 25 G. 951. 
 Code 1873 ch. 188 §§14, 24, as to false pretences, 25 G. 965. 
 act of April 2, 1873, as to jurisdiction of county and circuit courts, 25 G. 
 
 987. 
 act March 15, 1867, §3, as to time of jiresenting petition for appeal, 26 G. 36. 
 act Feb. 28, 1872, establishing Special Court of Appeals, constitutional, 26 
 G. 36. 
 
 act Jan. 16, 1867, as to recording deeds, 26 G. 203. 
 
 Code 1873 ch. 168 §§5, 9, as to pleas of failure of consideration, 26 G. 283, 
 'Code 1849 ch. 177 §19, as to judgments, 26 G. 403. 
 
 Code 1860 ch. 119 § I and acts 1866-7 p. 805, as to mechanics' liens, 26 G. 
 447. 
 
 Code 1873 ch. 117 §4, as to execution of deeds by feme covert, 26 G. 574. 
 
 act March 3, 1866, as to scaling debts, 26 G. 631. 
 
 Code 1860 ch. 56 §6, as to condemnation of land by corporations, 26 G.661. 
 
 Code 1873 ch. 141 §7 and ch. 163 §1, as to negotiable notes, 26 G. 785. 
 
 Code 1873 ch. 178 §17, as to limitation of appeals, 26 G. 940. 
 
 Code 1873 ch. 188 §§1, 2, 3, as to house burning, 26 G. 943. 
 
 act March 27, 1874, §4, as to grand juries, 25 G. 976. 
 
 act April 30, 1874, §U0, as to licenses of sample merchants, 26 G. 988. 
 
 Code 1873 ch. 187 §1 , as to murder in first degree, 26 G. 995. 
 
 acts 1866-7 ch. 94 §3, as to tax on collateral inheritance, 27 G. 110. 
 
STATUTES. 521 
 
 STATUTES, Construed oe Considered, Continued. 
 Code 1860 ch. 138 §?11 and li, as to rents, 27 G. 210. 
 Code 1860 ch. 177 ?19, as to judgments against part of defendants 27 G 
 
 252. 
 Code 1860 ch. 16 as to days excluded from timefor giving notice, 27 G. 306. 
 Code 1873 ch. 106 §4, as to widow's renouncing will, 27 G. 560. 
 act M rch 3, 1866, §7, known as stay law, 27 G. 587. 
 Code 1873 ch. 175 ?10, as to injunction bonds, 27 G. 676. 
 Code 1873 ch. 1 66 ?2, as to sending of process, 27 G. 259. 
 act April 18, 1874, as to planting of oysters by non-residents, 27 G. 985. 
 Code 1873 ch. 172§?21, 22, as to parties testifying, 27 G. 690, 78^. 
 Code 1860 ch. 1 17 J?5, 6, as to trust deeds, 27 G. 835. 
 Code 1873 ch. 128 §18, as to removal of fiduciaries, 27 G. 29. 
 Code 1873 ch. 195 ?15, as to criminal trials, 27 G. 934. 
 Code 1873 ch. 188 ?28, as to misdemeanors, 27 G. 950. 
 Code 1873 ch, 202 §10, as to juries in criminal trials, 27 G. 954. 
 Code 1860 ch. 115 and treaty with Switzerland, as to aliens inheriting land 
 
 in Va., 28 G. 62. 
 Code 1873 ch. 178 §13, as to appeal bonds, 28 G. 184. 
 act April 2, 1873, as to abatement of war interest, 28 G. 207, 775. 
 Code 1873 ch. 172 §22, as to parties testifying, 28 G. 348. t 
 
 Code 1873 ch. 146 §§6, 7, as to preserving rights and remedies, 28 G. 423. 
 act April 2, 1874, as to jurisdiction of county courts, 28 G. 787. 
 act 1869-70 ch. 120, to prevent sacrifice of property at forced sales, 28 G. 
 
 850. , 
 
 Code 1873 ch. 38 §§18, 19, as to sale of land for taxes, 28 G. 883. 
 Code 1860 ch. 186 §§4, 8, as to docketing judgments, 28 G. 617. 
 Code 1873 ch. 118 §9, as to wills revoked, 29 G. 147. 
 Code 1873 ch. 145 §6, as to eounts in case and trespass, 29 G. 192. 
 Code 1873 ch. 173 §14, as to war interest, 29 G. 212. 
 act 1862-3 ch. 46, as to fiduciary investments, 29 G. 69. 
 bankrupt act 1867 §§32, 33, as to debts of a bankrupt, 29 G. 280. 
 Code 1849 ch. 149 §9, as to effect of a charge by devise upon real estate on 
 
 operation of statute of limitations, 29 G. 379. 
 Code 1873 ch. 166 §6, as to judgments by default, 29 G. 392. 
 Code 1873 ch. 145 §§7, 9, as to actions for injuries, 29 G. 431, 570. 
 acts 1869-70 pp. 42-3, as to jurisdiction of circuit court of Eichmond in 
 
 suits to which State officers are parties, 29 G. 401. 
 Code 1860 ch. 149 §§5, 19, as to limitation upon bonds, 29 G. 605. 
 Code 1873 ch. 167 §40, as to suits by corporations, 29 G. 565. 
 third exception t» art. XI §1 of constitution, 29 G. 683. 
 Code 1873 ch. 183 §3, as to waiver of homestead exemption constitutional, 
 
 29 G. 719. 
 acts 1852-3 p. 142, as to Petersburg Railroad Company, 29 G. 773. 
 Code 1873 ch. 195 §9, as to punishment for attempt to commit an offence, 
 
 29 G. 830. 
 Moffett Register Law of March 30, 1877, 29 G. 844. 
 
522 STATUTES. 
 
 STATUTES, CoNSTETJED OK CoNSiDBEED, Continued. 
 Code 1873 ch. 159 §13, as to administering of oaths by clerks of courts, 29 
 
 G. 857. 
 act April 4, 1877, as to deposits by insurance companies, -30 G. 72. 
 Code 1873 ch. 184 §§3, 4, as to executions, 30 G. 1. 
 act of 1866 called the adjustment act, 30 G. 180. 
 act of 1871 called the funding act, 30 G. 134. 
 Code 1873 ch. 108 §14, as to caveats, 30 G. 582. 
 act 1874 ch. 122 §5, as to interest on money, 30 G. 828. 
 Code 1873 oh. 105 §12, as to d.ivorce, 31 G. 13. 
 act March 16, 1875, as to commissioners of the revenue, 31 G. 96. 
 act March 25, 1873, as to reopening judgments, unconstitutional, 31 G. 105. 
 Code 1873 ch. 126 §25, as to the dignity of debts. 31 G. 114. 
 Code 1873 ch. 114 §§4, 5, 6, as to registry of deeds, 31 G. 126. 
 Code 1873 ch. 45 §20, as to limitation of actions, 31 G. 219. 
 act of Congress of June 3, 1864, as to national banks, 31 G. 228. 
 Code 1873 ch. 185 §§2, 3, as to forthcoming bonds, 31 G. 265. 
 Code 1873 ch. 104 §13, as to marriage of colored persons, 31 G. 283. 
 Code 1873 ch. 56 §31, as to winding up of the banks, 31 G. 348. 
 Code 1873 ch. 172 §§21, 22, aijd act of April 2, 1877, as to witnesses, 31 G. 
 
 j36. 
 Code 1873 ch. 184 §§3, 4, as to lien oC a fieri facias, 31 G. 525. 
 Code 1873 ch. 146 §16, as to limitation of suits to set aside voluntary 
 
 deeds, 31 G. 601. 
 Code 1873 ch. 15 §13, as to penalties, 31 G. 629. 
 Code 1873 ch. 168 §4, as to offsets, 31 G. 637. 
 
 Code 1873 ch. 178 §25, as to appeals from county to circuit court, 31 G. 791. 
 Code 1873 ch. 38 §26, as to sale of land for delinquent taxes, 32 G. 12. 
 Code 1873 ch. 146 §§8, 9, as to limitations of suits against fidu6iaries, 32 
 
 G. 92. 
 Code 1873 ch. 145 §§7, 9, as to actions for injuries received, 32 G. 394. 
 Code 1873 ch. 131 §5, as to defendants in ejectment, 32 G. 107. 
 Code 1873 ch. 182 §9, as to renting out land to satisfy a judgment, 32 6. 
 
 121. 
 Code 1873 ch. 76 §§12, 13, as to church property, 32 G. 170. 
 Code 1873 ch. 126 §19, as to actions by or against personal representatives, 
 
 32 G. 203. 
 
 Code 1873 ch. 36 §19, as to foreign insurance companies, 32 G. 445. 
 
 Code 1873 ch. 167 §44, as to service of account on defendant, 32 G. 472. 
 
 Code 1873 ch. 148 §27, as to attachments, 32 G. 558. 
 
 Code 1873 ch. 86 §48, as to inspection of fertilizers, 32 G. 578. 
 
 act March 30, 1871, as to State bonds, 32 G. 654. 
 
 Art. VI §2 of Constitution, as to jurisdiction of Court of Appeals, 33 G. 37, 
 
 act March 28, 1879, as to State debt, 33 G. 237. 
 
 Code 1873 ch. 126 §25, as to priority of debts if a debt due by a trustee, 33 
 
 G. 256. 
 Code 1873 ch. 114 §5, as to what deeds void as to creditors and purchasers, 
 
 33 G. 497. 
 
STATUTES-STATUTE OF FEAUDS. 523 
 
 STATUTES, CONSTETJED OE CONSIDEEED, Continued. 
 
 Code ] 873 ch. 128 §9, as to commissions of fiduciaries, not retrospective 33 
 
 G. 674. 
 Code 1873 ch. 118 ?24, as to curators, 33 G. 716. 
 Code J873 ch. 145 §1, as to seduction, 33 G. 722. 
 Code 1873 ch. 172 ?36, as to depositions taken after interlocutory decree 
 
 33 G. 730. 
 
 STATUTE OP FEAUDS; see Fraud; Fraudulent Conveyance. 
 
 applies to agreement to admit third person as a partner in the purchase of 
 land, 1 M. 510. 
 
 recording of will held to protect legatee from creditors of testator, 3 H. & 
 M. 449. 
 
 what demand, receipt and delivery of slaves not sufficient to bar rights of 
 creditors under the, 5 M. 305, 
 
 payment of purchase money not sufficient part performance of contract for 
 sale of land to take it out of, 5 M. 308. 
 
 qusere, if execution can he levied on property conveyed by deed which has 
 not been set aside, 5 M. 332. 
 
 when letter sufficient memorandum under the, 4 M. 77. 
 
 release entered of record by verbal direction in open court valid under the, 
 3 M. 102. 
 
 effect of entry in merchant's books in case of goods sold to third party, 6 
 E. 509. 
 
 what parol agreement varying a written agreement is within the, 6 E. 
 605. 
 
 title does not pass under a parol agreement of coterminous owners as to 
 line of lands, 3 E. 14. 
 
 when parol fixing of line, sufficient to take case out of, 3 E. 14. 
 
 when, does not protect fraudulent purchaser against fraudulent convey- 
 ance, 2 L. 84. 
 
 sales at auction generally are vnthln the, 6 L. 16. 
 
 what contract for sale and purchase of land sufficient to charge vendee, 7 
 L. 165. 
 
 when deed of land signed by grantor but not delivered sufficient to sat- 
 isfy, 6G. 78; 9G. 1. 
 
 slaves in possession of debtor for. five years on a parol loan liable to his 
 creditors though lender resume possession, 6 G. 582. 
 
 what endorsement on bond not an undertaking for debt of another under, 
 9 G. 485. 
 
 when a promise is collateral and not binding unless in writing, 11 G. 636. 
 
 when promise being void in part is void as a whole unless in writing, 11 
 G. 636. 
 
 purchase of land by one under parol agreement to hold for another, en- 
 forced, when, 2 P. & H. 547. 
 
 qusere, can, be relied on unless pleaded, 2 P. & H. 547 ; 1 H. & M. 92. 
 
 when verbal gift of personalty to daughter in consideration of marriage 
 valid against father's creditors. When not, 2 P. & H. 583. 
 
524 STATUTE OF FRAUDS— STATUTE OF 
 
 LIMITATIONS. 
 
 STATUTE OF FRAUDS, Continued. 
 
 when verbal evidence of contract is contradictory, is good against it, 1 H. 
 
 & M. 92. 
 contract for salejjf lands ranst either be in -writing or there must have 
 
 been part performance, 18 G. 184. 
 writing name of purchaser of land by the auctioneer binds purchaser, 21 
 
 G. 678. 
 to what contracts for sale of land, applies, 21 Gr. 678. 
 STATUTE OF LIMITATIONS; see Adverse Possession; Laches; Lapse of 
 
 Time. ' 
 
 1. In Geneeal. 
 
 2. When a Bae. 
 
 3. When not. 
 
 4. Running of. 
 
 5. Pleading. 
 1. In General; 
 
 cases of trust and fraud not within, 1 W. 145 ; 4 M. 222. 
 
 appeal must be from General Court within five years, 1 C. 194. 
 
 by analogy to the rules of law equity adopts, 1 C. 419. 
 
 nroper mode of testing the application of the, 2 P. & H. 616. 
 
 as to plea of, to a new promise discharged in bankruptcy, 2 P. & H. 616. 
 
 as tp, in cases of appeals and supersedeas from decrees of superior courts of 
 
 chancery, 3 H. & M. 199. 
 lapse of time never prevails in equity to defeat a right, 4 M. 332. 
 what necessary to make, a bar, 6 M. 352. 
 
 as to, in action between merchant and merchant, 4 R. 488; 4 L. 236. 
 1 R. C. ch. 109 pi, as to appeals applies to commonwealth, 1 G. 294. 
 as to recovery of mesne profits, evidence on trial of writ of right, 4 G. 16. 
 what the period of limitations when tliere is a set-off, 5 G. 460. 
 proviso in Code 1879 ch. 149 219 does not extend to law limiting appeals, 7 
 
 G. 374. 
 saving in 1 E. 0. ch. 104 §13 not repealed by Sup. R. C, p. 260, 10 G. 358. 
 no time runs against the commonwealth, 11 G. 572. 
 J personal representative may make valid promise to pay out of the estate 
 
 debt not barred by, 11 G. 30. 
 as to store accounts does not embrace importing and wholesale merchants, 
 
 15 G. 487. 
 what necessary to remove bar of, 13 G. 329. 
 to what sci. fa. act of 1792 did not apply, 3 H. & M. 237. 
 when saving of, in favor of infants, married women, &c., not applicable, 
 
 23 G. 331. 
 within what time infant lessee must sue to recover leased property, 23 6. 
 
 331. 
 in cases of appeal, 7 G. 374 ; 23 G. 542, 857 ; 56 G. 36, 705 ; 27 G. 417. 
 when bonds which are paid by a third party continue bond debts, 24 G. 97. 
 when time from March 2, 1866, to January 1, 1869, excluded in computing 
 
 running of, 27 G. 448. 
 
STATUTE OF LIMITATIONS. 525 
 
 STATUTE OF LIMITATIONS, I.v Geneeal, Gontmued. 
 stay law suspended, as to suits to set aside fraudulent conveyances, 27 G. 
 
 587. • 
 
 acts of de facto government of Virginia during the war suspended the, 27 
 G. 587. 
 
 ?7 of stay law not applicable to appeals, writs of error, &c., 27 G. 417. 
 court ciinnot take judicial notice of military orders staying executions 29 
 G. 379. 
 
 when devise of land for payment of debts does not affect operation of 29 
 
 G. 379. 
 Code 1873 ch. 146 §16 held not applicable to this case, 31 G, 601. 
 after verdict appellate court presumes offence committed within period of 
 
 9 L. 671. 
 plaintiff in detinue may recover slaves on ground of length of previous 
 
 possession, when, 3 H. & M. 57. 
 of State where suit is brought applies, 2 E. 303. 
 act of 1779 ch. 3 applies only to retail merchants, 1 W. 190. 
 motions are included in, of 1798, 1 C. 475. 
 act 1792 §5 did not apply to judgments in existence before it took effect, 
 
 3H. &M. 237; 4 M. 104. 
 when three executions issue and two are returned, is twenty years from 
 
 return day of execution on which return is made, 33 G. 402. 
 claim secured by mortgage may be barred by, but mortgage is not, when, 
 
 33 G. 617. 
 
 2. When a Bak : 
 
 suit by administrators of executor to settle first decedent's estate barred 
 by, Wy. 38. 
 
 to suit to recover back money paid under an award, 1 P. & H. 216. 
 
 compensation for services barred by, except for five years, 2 P. & H. 26. 
 
 when sureties of administrator protected by, 32 G. 92. 
 
 assumpsit by executor not evidence to prevent operation of, 1 H. & M. 563. 
 
 undertaking of testator which was merely nudum pactum barred by, 2 H. 
 & M. 124. 
 
 what fiduciai-y possession not sufficient to prevent bar of, 4 H. & M. 139. 
 
 it is no answer to plea of, that a former writ was issued in time but went 
 off the docket, 2 M. 511. 
 
 what promise to pay no bar to plea of, 4 M. 104. 
 
 that former chancery suit was dismissed for want of jurisdiction, is no 
 answer to plea of, at law, 4 M, 181. 
 
 wliat an adverse holding of slaves so as to come within bar of, 6M. 352. 
 
 what provision in will for payment of debts does not take debt out of 
 operation of, 5 M. 450 ; 29 G. 379. 
 
 to suit in equity against attorney for money collected by him, 1 E. 284. 
 
 judgment against testator not revived in five years from qualification of ad- 
 ministrator barred by, 1 K. 436. 
 
 qvLxre, does 1 R. C. ch. 128 ?17 apply to judgments recovered before its en- 
 actment, 4 L. 189. 
 
 a bar to ad. fa. to revive this judgment, 4 L. 33^. 
 
526 STATUTE OF LIMITATIONS. 
 
 STATUTE OF LIMITATIONS, When a Bak, Continued. 
 whsn conditioual promise does not take rase out of, 4 L. 603. 
 what promise by executor will not take case out of, 9 L. 45, 381. 
 when applies to sci.fa. to revive .iudgments against decedents, 11 L. 1. 
 to action by one partner against another, 1 Rob. 79 ; 17 G. 321. 
 Sup. R. C. ch. 109 ?31 applies to commonwealth, 1 G. 294. 
 promise to pay judgment no answer to plea of, to sci fa. to revive it, 4 M. 
 
 104. 
 in a writ of right, 1 G. 165 ; 4 G. 14'. 
 
 against elder patentee or those claiming under him, 1 G. 211. 
 if, good against plaintiff's claim it is also good against defendant's set-off 
 
 of same nature, 2 G. 502. 
 to suit against purchaser of trust property at an execution sale, 3 G. 357. 
 u, mere constructive trustee may protect himself hy the, 3 G. 357. 
 dismissal of suit on a judgment will not prevent bar of, to another suit, 4 
 
 G. 25. 
 direction of testator that his debts shall be paid will not prevent bar of, as 
 
 to personal estate, 4 G. 25. ' 
 
 when plaintiif cannot reply the, but may rely on it in evidence, 5 G. 460. 
 action on a guaranty of a note barred by, unless brought within five years 
 
 from date of note, 6 G. 633. 
 in favor of prior executor's estate against a decree against administrator 
 
 d. b. «., 7 G. 264. 
 of 1 826 will protect sureties of administrator d. b. »., when, 7 G. 264. 
 appeal dismissed if appeal bond not given in five years, 7 G. 374. 
 what part of claim for services rendered testatrix barred by, 9 G. 708. 
 what no answer to plea of, in assumpsit against administrator, 10 G. 1. 
 to action for recovery of slave, 10 G. 333. 
 applies to parol debt made by party living in Virginia and removing from 
 
 the State, 11 G. 26. 
 runs against /ernes covert and their husbands so as to bar a recovery during 
 
 coverture, 11 G. 505. 
 when infant who died /erne covert barred by, 11 G. 505. 
 when must have its legal effect on issue directed in suit for partition, 11 
 
 G. 505. 
 to suit by deputy sheriff against county justices, 21 G. 182. 
 to suit against widow who has held slaves for five years, 14 G. 441. 
 when married woman not protected from running of, 14 G. 441. 
 a bar to suit to recover land in this case, 20 G. 544. 
 
 failure of executor to object to account does not remove bar of, 13 G. 329. 
 charge in will to pay debt does not prevent bar of, 13 G. 329. 
 motion to rehear decrees barred after five years, 28 G. 646. 
 when adversary possession ripens into good title by virtue of, 28 G. 383. 
 to prosecution for an assault, 1 V. C. 312. 
 runs in favor of disseisors and tortfeisors having adverse possession, 1 W. 
 
 302. 
 when defendant in ejectment protected by twenty years' possession, 1 M. 
 
 454. « 
 
STATUTE OF LIMITATIONS. 527 
 
 STATUTE OP LIMITATIONS, Gontinmd. 
 3. When not : 
 when not a bar, a former suit having abated, 1 W. 302. 
 when does not run in favor of trustees, 1 "W. 302. 
 to bill by heir in tail to recover slave, increase, &c., JVy. 1. 
 no bar under peculiar circumstances of this suit, Wy. 4; 3 C. 545. 
 no bar, there being a fraudulent secret trust, 1 P: & H. 256. 
 administrator's accounts surcharged after twenty-four years, 2 P. & H. 71. 
 does not apply to suits against fiduciaries for balance of estate in their 
 
 hiinds, 2 P. & H. 169, 561. 
 what parties cannot set up, in suit by creditor againstmining company, 32 
 
 G. 65. 
 when suit to recover back money paid under a deed which was void as to 
 
 wife not barred by, 32 G. 235. 
 when deposition of maker of note will defeat plea of, in suit on the note, 
 
 32 G 803. 
 supersedeas awarded in five years from date of judgment is in time, 3 C. 
 
 192. 
 new promise to pay store account which is barred by, binds debtor, 3 C. 
 
 514. 
 no bar to motion against person who has failed to account for public money, 
 
 1 H. & M. 85. 
 
 no bar to action of debt to revive judgment in this case, 4 L. 338. 
 
 no bar to motion against sheriff for clerk's tickets, 3 C. 220. 
 
 in cases of trust and fraud, 1 W. 145; 4 M. 222. 
 
 to recovery of specific fund given by a will, 3 H. & M. 89. 
 
 when right to sci. fa. to revive judgment not barred by, 6 M. 32. 
 
 when rights of distributee who is also administrator not barred by, 3 R. 
 
 448. 
 no bar to owner if slave was taken by fraud and violence, 4 E. 600. 
 no bar to debt or sci. fa. on a judgment, when, 3 E. 490. 
 no bar to motion for quotas by Mutual Assurance Society, 6 E. 22. 
 party buying trust subject with notice of trust cannot plead, 1 L. 163. 
 cannot avail in equity unless pleaded, 2 L, 6 ; 5 L. 88. 
 when does not affect wife's rights to impeach deeds made before eovertmre, 
 
 2 L. 11, 
 
 when does not run against remainderman of slaves, 6 L. 486. 
 
 when defendant living in North Carolina cannot plead, here, 7 L. 277. 
 
 when party having failed to plead, cannot afterwards do so, 7 L. 325. 
 
 to suit by one partner against another, 1 G. 391. 
 
 no bar to recovery of purchase money by vendor of land retaining title, 2 
 
 G. 88 ; 3 G. 232. 
 ' what a fiduciary possession by defendant so as to prevent bar of, 4 H. & 
 
 M. 139. 
 in assumpsit against administrator d. b.n., 2 L. 532. 
 1 E. C. ch. 128 §5 no bar to debt on judgment after ten years, 1 Eob. 591. 
 ina writ of right, 1 G. 165. 
 to execution of a fraudulent secret trust partly executed, 3 G. 74. 
 
528 STATUTE OF LIMITATIONS. 
 
 STATUTE OP LIMITATIONS, When not, Continued. 
 
 judgment against absent debtors repels the, upon the original cause of ac- 
 tion, 3 G. 94. 
 
 of seven years does not apply to decrees against absent debtors, 3 G. 94. 
 
 to suit by ward agajnst surety of guardian, 3 G. 343. 
 
 parcener or tenant in common not protected by, against coparcener or co- 
 tenant without actvial disseisin or ouster, 4 G. 16. 
 
 to recovery of ground rent of land sold under act of assembly, 4 G. 1. 
 
 to appeal to Court of Appeals, 4 G. 180; 7 G 374. 
 
 judgment quando aceiderint not within, 7 G. 425. 
 
 to claim for a legacy, 7 G. 377. 
 
 what promise, or part payment, will take case out of the, 8 G. 110. 
 
 to title to slaves, 10 G. 184. 
 
 when time will not run against commonwealth in favor of party in posses- 
 sion of forfeited land, 10 fr. 400, 418: 11 G. 572. 
 
 to claim by legatee to specific legacy, 11 G. 724. 
 
 no bar to decree against absent defendant obtained by fraud, 11 G. 615. 
 
 to title of trustee to property named in the trust, 11 G. 87. 
 
 to entry of owner of land in 1831 and until act March, 1837, 11 G. 587. 
 
 no bar to this action of detinue for slaves, 11 L. 542. 
 
 as to suits to set aside deeds does not apply to cases of actual fraud, 12 G. 
 363. 
 
 to claim for specific performance, 19 G. 74. 
 
 possession not deemed adverse and, did not run, 14 G. 60. 
 
 when charge in will on land to pay debts prevents running of, 13 G. 152. 
 
 to bill by judgment creditor to marshal assets, 27 G. 789. 
 
 to claim against county, 28 G. 526. 
 
 petition to rehear decrees" not barred after five years, 28 G. 646. 
 
 to claim against a trustee, 29 G. 756. 
 
 no bar in this case because of coverture, 30 G. 565. 
 
 does not apply to information in nature of writ of quo wairanto, 2 V. C. 51. 
 
 right to enforce vendor's lien not barred by, when, 33 G. 186 ; see 3 G.232. 
 
 debt against decedent held fiduciary and not barred by, 33 6. 256. 
 4. EUNNING OF : 
 
 when begins to run against a ward. What no " obstruction " within, 2 P. 
 & H. 561. 
 
 when began to run in these cases, 3 C. 538 ; 4 L. 61. 
 
 does not begin to run against claim of decedent's estate until qualification 
 of personal representative, 2 L. 347 ; 9 L. 79. 
 
 does not begin to run until infant comes of age, 3 L, 682. 
 
 when it begins to run it runs over all mesne acts, 6 M. 352. 
 
 when it begins to run against bill for relief aghinst a fraudulent convey- 
 ance, 3 L. 729. 
 
 when it begins to run to actions against fiduciaries, 1 G. 431. 
 when as to judgments " when assets," &c., begins to run, 4 G. 25 ; 7 G. 435. 
 when runs only from time liability of maker of note as bail for holder 
 ceased, 7 G. 385. 
 
STATUTE OF LIMITATIONS. 529 
 
 STATUTE OF LIMITATIONS, EuilNiNG of, Continued. 
 begins to run against remaindermen in slaves from death of life tenant, 8 
 
 G. 281 ; 16 G. 236. 
 when pendency of suit prevents running of, 11 G. 30. 
 when pendency of suit does not stop running of, 1 1 G. 505. 
 does not run against judgment while injunction to it is pending, 12 G. 579. 
 to what judgments Code 1860 ch. 186 ?13 applies, 12 G. 579. 
 when as to actions against sureties of fiduciaries begins to run in favor of 
 
 .surety of executor, 13 G. 257. 
 to what actions act Feb., 1828, as to actions on indemnifying bonds applies, 
 
 14G.24. 
 when begins to run in action for deceit, 17_G. 1 1. 
 
 when running of, stopped by decree for an account, 17 G. 289 ; 33 G. 548. 
 when runs as between partners, 17 G. 321. 
 gusere, as to running of, against absent defendants, 18 G. 53. 
 what time omitted from running of, 28 G. 630. 
 military orders do not suspend running of, 29 G. 379. 
 when does not cease to run upon death of party, 31 G. 52. 
 when will not run while debtor resides out .of State, 31 G. 219. 
 presentment for misdemeanor is the commencement of the prosecution to 
 
 which, applies, 7 G. 631. 
 when begins to run in action by father for seduction of daughter, 33 G. 
 
 722. 
 5. Pleading : 
 plea of, should conclude with a verification, 1 W. 135. 
 plea of, must refer to time suit brought. When good after verdict, 1 W. 
 
 135. 
 to avoid plea of, by former suit replication should state it specially, 3 C. 1. 
 how jury should find if, pleaded, 4 C. 217. 
 when defendant cannot plead, upon setting aside an ofilce judgment, 5 C. 
 
 462. 
 plea of non assumpsit within five years admits that defendants did once 
 
 assume, 6 C. 51. 
 when may be pleaded after a new trial granted, Gil. 1. 
 when personal representative must plead, 1 1 L. 1. 
 complainant in equity not entitled to benefit of exception to, unless he 
 
 sets it forth in replication, 3 H. & M. 89. 
 plea of, not received after issue joined on another plea, without good reason, 
 
 6 E. 19. 
 cannot avail in equity unless pleaded, 2 L. 6 ; 5 L. 88. 
 when defendant living in North Carolina cannot plead, 7 L. 277. 
 when party having failed to plead, cannot afterwards do so, 7 L. 325. 
 defendant cannot have benefit of, in suit on store account without plead- 
 ing it, 3 M. 8. 
 as to writs of error coram nobis, cannot be relied on unless pleaded, 4 L. 308. 
 must be taken advantage of by plea, 1 Eob. 591. 
 when plaintifi" cannot reply, but may rely on it in evidence, 5 G. 460. 
 what statement in answer a suflScient pleading of, 13 G. 329. 
 
 67 
 
>530 STATUTE OF LIMITATIONS— SUBSTITUTION. 
 
 STATUTE OF LIMITATIONS, Pleading, Continued. 
 ■when defence of, may be set up by sxceptions to commissioner's report, 13 
 
 G. 329. 
 •when not necessary to plead, in action to recover property, 16 G-. 236. 
 
 STAY LAW. 
 
 of 1866 unconstitutional, 18 G. 244. 
 
 what within saving of, 18 G. 313. 
 STEALING A FEEE PERSON. 
 
 what constitutes offence under 1 E. C. oh. Ill ?28, 1 L. 588. 
 
 STOCK. , 
 
 on a farm to whom goes, J. 123. 
 
 bequest of, of railroad company held to include additional shares acquired 
 by subdivision of original, 24 G, 392. 
 STEEETS ; see Corporation ; Highway. 
 SUBEOGATION; see SuMitution ; Sureties. 
 
 of executor to rights of creditors whom he lias paid, 12 G. 628. 
 
 of creditor to rights of ward on guardian's bond, 1 7 G. S98. 
 
 when trust dreditor substituted to landlord's lien for rent, 20 G. 229. 
 
 of sureties or creditors to rights of legatees, 2t G. 446. 
 
 of sureties to rights of lunatic against fraudulent purchaser of his bonds 
 from committee, 1 P. & H. 121. 
 
 benefit of doctrine of, does not extend to volunteers, 2 P. & H. 11. 
 
 right of vendee of land paying judgment to, to rights of judgment creditor 
 is an equitable right, 2 P. & H. 178. 
 
 when sureties of XJ. S. collector subrogated to rights of U. S. against other 
 sureties, 32 G. 76. 
 
 when surety not entitled to, to vendor's lien against other notes for pur- 
 chase money, 32 G. 127. 
 
 when surety entitled to, to rights of creditors of principal, 33 G. 527. 
 SUBSCEIPTION. 
 
 what necessary to malie a, binding on subscriber, 9 Q . 633. 
 
 as to, to stock of railroad companies ; when valid, 32 G. 146. 
 SUBSTITUTION; see Subrogation ; Sureties. 
 
 qusere, whether purchaser under execution can have benefit of an indem- 
 nifying bond given sheriff, 4 E. 8. 
 
 party giving bond for duties on imported goods, substituted in place of U. 
 S. against importer, 4 E. 438. 
 
 when executor substituted in place of creditors whose claims he has paid^ 
 2 L. 70. 
 
 claim to, not sustained in this case, 8 L. 588. 
 
 surety in forthcoming bond paying debt entitled to, to remedies of cred- 
 itors against original debtors, 2 G. 178, 419. 
 when creditors of partnership not substituted to rights of obligee of bond 
 of one partner, 1 G. 396. 
 
 when lien of execution expires, surety on judgment cannot be substituted 
 to it, 3 G. 328. 
 
\ 
 
 SUBSTITUTION— SUPERSEDEAS. 631 
 
 SUBSTITUTION, Continued. 
 when purchaser of land substituted to rights of creditor against the land 
 
 6 G. 320. 
 when simple contract creditors substituted to rights of creditor against 
 
 real estate, 8 G. 496. ' 
 
 executor of assignee of land substituted to obligor's rights against assignor 
 
 11 G. 30. ' 
 
 when purchaser of escheated land substituted to rights of creditor of de- 
 ceased owner, 27 G. 291. 
 when sherifif paying execution not subrogated to lien of creditor, 27 G. 740. 
 as to, of simple contract creditors to rights of creditors by bond, 27 G. 789. 
 surety paying bond given under act to prevent sacrifice of property at 
 
 forced sales is substituted to lien of principal, 28 G. 850. 
 when surety paying a bond not entitled to, to rights of creditor, 29 G. 280. 
 surety paying judgment against principal and himself substituted to lien 
 
 of judgment, 29 G. 338. 
 surety on injunction bond of second endorser of note has recourse against 
 
 first endorser, when, 29 G. 494. 
 SUITS FOR FEEEDOM; see Freedom. 
 SUMMONS ; see Process. 
 
 when presumed to have been the proper process, 11 L. 584. 
 
 what return does not show proper service of, and alias should issue, 11 L. 
 
 S84. 
 
 SUNDAY. 
 
 is not one of the days of the term of a court, 17 G. 109 ; 22 G. 924. 
 
 ordinance of Richmond as to selling liquors on, 31 G. 887. 
 SUPERSEDEAS. 
 
 does not lie in criminal case, when, 1 V. C. 127. 
 
 discharged if prisoner escapes from jail, 14 G. 677. 
 
 nature of, 1 W. 116. 
 
 will not issue if plaintiff submits to a nonsuit, 1 W. 138. 
 
 sei. fa. will issue against executors of defendant in error if he die after a, 
 1 W. 138. 
 
 when deputy sheriff alone may obtain a, 1 W. 325. 
 
 from an order giving leave to build a mill. Superior court may hear new 
 evidence, 2 "W. 162. 
 
 will not lie when execution is improperly issued on a replevy bond, * W. 
 194. 
 
 will lie from judgment on a motion to quash an execution, 2 "W. 194. 
 
 when equity will relieve though relief may be had by a, 1 C. 147. 
 
 will not lie from judgment of General Court after five years from its ren- 
 dition, 1 C. 194. 
 
 when a, and not mandamus is the proper remedy, 2 C. 276. 
 
 what notice of a, is sufficient when defendant is not found, 2 C. 496. 
 
 awarded within five years from date of judgment is in time, 3 C. 192. 
 
 when executors need not give security on obtaining a, 1 H. & M. 15. 
 
 when may be granted in court, 1 H. & M. 210. 
 
532 SUPERSEDEAS— SUPEEME COURT OF 
 
 APPEALS, 
 
 SUPEESEDEAS, Continued. 
 
 jmprGvidently granted if it stays proceedings of county and not of supe- 
 rior court, 1 H. & M. 563. 
 
 not granted to person not interested in controversy, 1 H. & M. 404. 
 
 to judgment giving leave to build mill, will not lie for person not a party 
 on the record, 3 H. & M. 245. 
 
 when proper remedy of person who is a party when error is apparent on 
 face of record, 3 H. & M. 245. 
 
 several judgments relating to each other may' be brought up on one vrrit 
 of, 1 M. 45. 
 
 to j udgment obtained in governor's name for relator, should be served on 
 relator, 1 M. 555. 
 
 if appeal not perfected may be taken to same judgment, 4 M. 104. 
 
 effect of, may be extended to subsequent judgment on forthcoming bond 
 without another writ, 4 M. 73, 260. 
 
 issued on bond executed by surety only should be quashed, 5 M. 197. 
 
 if, issued before day of sale under execution, no motion lies on forthcom- 
 ing bond, 6 M. 181. 
 
 lies to error of county court correcting error of commissioner of revenue, 2 
 
 ' V. 0.258. 
 
 penalty of bond is to be fixed by judge granting it, 5 R. 639. 
 
 improperly awarded after a lapse of ten years, 6 L 77. 
 
 awarded five years after judgment, omission to grant it before owing to 
 inadvertence of court, 6 L. 299. 
 
 when not dismissed for want of bond, 6 L. 299. 
 
 when motion to reconsider order denying, not entertained, 7 L. 267. 
 
 on what judgment of circuit court, lies to Court of Appeals, 8 L. 88 ; see 
 2 M. 336. 
 
 if one of two plaintiffs in, die cause vrill abate as to him and proceed in 
 name of other, 9 L. 308. 
 
 if bond not given, execution may issue on judgment, or a bill in equity be 
 filed, 32 G. 530. 
 
 SUPEEVISOES. 
 
 can buy or have land condemned for county buildings. Their discretion 
 
 not interfered with, 20 G. 484. 
 can sell land on which county buildings stood, 20 G. 484. 
 SUPPLEMENTAL BILL ; see Bill in Equity ; Equity. 
 distinction between and a bill of review, 1 H. & M. 553. 
 when original bill cannot be amended but a, necessary, 4 H. & M. 489. 
 what taken as a, in nature of a bill of review and petition for a rehearing, 
 
 7 L. 346. 
 child may assert right to provision claimed by his mother by a, to her peti- 
 tion or bill, 1 P. & H. 12. 
 when a n^le improper but a, should be filed, 31 G. 533. 
 SUPREME COUET OF APPEALS : see Court. 
 
SURP:TIES. 533 
 
 SURETIES ; see Subrogation ; Substitution. 
 
 1. In Genebal. 
 
 2. When bound. 
 
 3. When not bound. 
 
 4. Rights of. / 
 1. In General : 
 
 equity will restore a bond with, if it has been lost by fraud, 1 W. 274. 
 on guardian's bond may be sued without first suing principal; not so as 
 
 to, on executor's bond, 1 C. 333. 
 is entitled to judgment against principal for the specific thing he had to 
 
 pay, 1 C. 443. 
 a judgment against, is presumed to have been fairly obtained, 1 C. 443. 
 what sufficient to authorize a judgment against sheriff's, 1 C. 471. 
 being first named does not make party a principal obligor. What tends 
 
 to show otherwise, 3 C. 268. 
 on injunction bond may also be, on appeal bond, 3 C. 522. 
 in judging of sufficiency of, real aiid personal property should he con- 
 sidered, 3 H. & M. 1. 
 qusere, whether, discharged if plaintiff gTant principal stay of execution, 
 
 1 M. 45. 
 power giving authority to endorse name of principal, construed, 1 G. 234. 
 what necessary before making a decree against, of a guardian, 3 G. 342. 
 jurisdiction of justice in case against constable and his ; what notice suffi- 
 cient, 3 G. 188. 
 judgment against, on administration bond, fixes sufficiency of assets as to 
 
 them, 5 G. 384 
 on executrix's bond should be paxties to suit by legatees for distribution, 
 
 8 G. 220. 
 when, in deputy sheriff's bond estopped to deny they are deputies, 9 G. 
 
 312. 
 when each obligor regarded as principal as to his own acts and others his 
 
 sureties, 9 G. 312. 
 what prima facie evidence against, of deputy on motion by sheriff against 
 
 them, 9 G. 323. 
 if recovery by creditor against sheriff was barred deputy and his, must 
 
 show it, 9 G. 323. 
 jurisdiction of court giving judgment against sheriff cannot be questioned 
 
 on motion by his administratrix against deputy and his, 9 G. 323. 
 surety in forthcoming bond is surety for the debt. His rights if .he pay 
 
 debt, 11 G. 522. 
 evidence of payment by a surety not repelled by loose declarations, 11 G. 
 
 522. 
 of executor removing from State how and -v^here sued, 4 M. 457. 
 when, of administrator and not, of purchaser from administrator, liable, 
 
 12 G. 226. 
 what does not convert principal into surety and surety into principal as to 
 
 the creditor, 12 G. 372. 
 
534 SURETIES. 
 
 SUEETIES, In Geneeal, Continued. 
 
 as to liability of, generally and whe re there are two sets of, for same prin- 
 "cipal. 17 G. 289. 
 
 when; on a bond must pay in legal money, 21 G. 722. 
 
 what no ground of relief in equity against a judgment against, 13 G. 511. 
 
 how debts apportioned if paid out of combined fund of Ian d and person- 
 alty, 23 G. 477, 653. 
 
 when jtidgment against sheriff cpnclusire against deputy and his, 24 G. 
 176. 
 
 as to liability of, on bond of officer when new duties imposed on him, 25 
 G. 771. 
 
 what sufficient notice to sheriff and, of motion for a judgment against 
 them, 27 G. 608. 
 
 what a sufficient execution by, of official bond of sheriff, 27 G. 608. 
 
 what evidence admissible and what pleas bad in suit on bond of sheriff for 
 taxes unaccounted for, 27 G. OOti. 
 
 how far, of guardian liable for his acts or failure to act, after he is re- 
 moved, 27 G. 651. 
 
 as to execution, penalty, &o., of injunction bond and liability of, on it, 27 
 G. 676. 
 
 how judgment creditors should proceed to subject lands of, 28 G. 815. 
 
 as to effect of release of one of two co-sureties, 1 P. & H. 34. 
 
 as to liability of, of an executor for proceeds of sales of land, 2 P. & H. 71. 
 
 how executor's estate subjected and how, held if he owe several balances 
 and they are only responsible for some of them, 2 P. «& H. 71. 
 
 ■when order of county court binding upon a trustee and, 26 G. 891. 
 
 creditor of a surety cannot question validity of judgment against latter 
 except on grounds avoiding it between the parties, or for fraud or collu- 
 sion, 32 G. 254. 
 
 fact that one is first named in bond not conclusive evidence that be is 
 principal, 2 C. 268. 
 
 when equity will decree against executor with liberty to creditor to mov e 
 against his, if necessary, 2 R. 483. 
 
 surety discharged pro tanto in equity, if creditor has parted with security 
 he held, 3 E. 511. 
 
 surety leaving country may be proceeded against as an absent defendant, 
 3 E. 511. 
 
 deed releasing obligation as to surety releases it a^ to principal, 2 L. 29. 
 
 judgment agaihst sheriff for deputy's default evidence against sureties on 
 motion of sheriff against them and deputy, 2 L. 393. 
 
 when party may sue guardian and sureties, and person uniting with guar- 
 dian iu his misapplication of funds, at same time, 33 G. 463. 
 2. When bound : 
 
 on bond of executor can be* sued after devastavit fixed on executor, 1 W. 31. 
 
 bound in equity on instrument of which creditor is deprived by accident 
 or fraud, 1 C. 414. 
 
 when surety on sheriff's bond for taxes given by mistake, not bound, 2 C. 
 510. 
 
SURETIES. 535 
 
 SUEETIES, "When bound, Continued. 
 
 before act 1794, not discharged by failure of obligee to sue principal on 
 bond, 3 C. 69. 
 
 when, of administrator may be sued in equity without devastavit being 
 first fixed on executor, 1 H. & M. 10. 
 
 when suit in equity may be brought for discovery of assets against, of ex- 
 ecutor and others, 2 H. & M. 8. 
 
 bond held bindipg on, though there was a blank for his name in obliga- 
 tory part of it, 2 H. & M. 398. 
 
 bond from deputy to sheriff binding on, until winding up of business, 3 
 M. 280. 
 
 when, not discharged by indulgence granted principal, 2 K. 323; 4 E. 104, 
 
 when not discharged because creditor suspended execution on forthcoming 
 bond, 4 L. 622. 
 
 liability of, of guardian for ward's bank stock unnecessarily sold by guar- 
 dian, 6 L. 399. 
 
 equity will set up a lost bond against surety, 6 L. 478. 
 
 what transactions of principal debtor do not discharge, 7 L. 135. 
 
 when action may be against, of executor on his official bond, 1 G. 239. 
 
 equity will enforce against, decree previously obtained against executor, 
 
 2 G. 73. 
 
 of treasurer liable for his wasting public money though his account not 
 audited, 2 G 134. 
 
 for what, on injunction bond liable, 3 G. 178. 
 
 surety in injunction liable for debt enjoined before surety in judgment, 2 
 G. 357. 
 
 as to liability of, in injunction bonds, 2 G. 357. * 
 
 when, of executor not relieved by his paying legacy over to legatee's guar- 
 dian, 2 G. 319. 
 
 when, not released by agreement to give time to principal, 3 G. 138. 
 
 when, of guardian not protected by lapse of time or statute of limitations, 
 
 3 G. 342. 
 
 of constable liable for his official acts in any part of his county, 3 G. 287. 
 
 liable to innocent payee, though induced to become, by fraud, 4 G. 46. 
 
 when equity will not relieve, of purchaser for errors in decree, 5 G. 60. 
 
 countermand of execution by creditor does not release debtor's, 6 G. 509. 
 
 endorser of a note signed and endorsed in blank liable as surety or guaran- 
 tor, 7 G. 189. 
 
 of executor liable for his devastavit in this case, 9 G 700. 
 
 when, of deputy liable to sheriff for rents received under power in a will, 
 9 G. 584. 
 
 covenant by holder to give principal obligor specific time does not release 
 sureties at law. Remedy is in equity, 10 G. 252. 
 
 how estopped by their bond in this case, 10 G. 480. 
 
 liability of, of deputy sheriff for estates committed to his charge, 14 G. 214. 
 
 liability of, of administrator in Va. for assets received in North Carolina, 
 14 G. 229. 
 
 for what, of deputy sheriff liable, 14 G. 214. 
 
536 SUKETIE8. 
 
 SURETIES, When bound, Continued. 
 
 liability of, of sheriff acting after time for which bond given, 15 G. 1, 173. 
 
 when bond of, of executor covers special legacies, 23 G. 477. 
 
 when, of e.Kecutor are and are not liable for compound interest, 23 G. 652. 
 
 liabilities of, of sheriff for his failure to pay money collected and presump- 
 tions made against them, 24 G. 138. 
 
 when, in bond bound though they signed it on conditioii, 24 G. 202. 
 
 when, on both bonds of a sergeant liable, 24 G. 284. 
 
 what will not relieve, in a recognizance of bail, 24 G. 31. 
 
 liabilities and duties of, and right of debtor to enforce debt against prin- 
 cipal and, 25 G. 211. 
 
 what not negligence in creditor which will release, 25 G. 553. 
 
 when, on bond of tax^ollector estopped to deny its validity, 25 G. 721. 
 
 liability of, for taxes collected and misapplied by principal, 25 G. 721. 
 
 when extension of time allowed collector af taxes does not release his, 25 
 G. 771, 780. 
 
 when, not released by extension of time given principal, 27 G. 201. 
 
 rights and liabilities of sureties in this case, 27 G. 201. 
 
 what will not release, of an officer of a coiporation, 30 G. 218. 
 
 when of guardian who buys ward's land at a judicial sale liable for pur- 
 chase money, 30 G. 123. 
 
 on guardian's bond may be sued without first fixing liability on guardian, 
 ' 2 P. & H. 561. 
 
 when discontinuance of action against one maker of a note does not release 
 endorser, 26 G. 785. 
 
 liability of sureties of executor to legatee, 26 G. 248. 
 
 when accepting notes for the debt from the principal in a bond releases the 
 surety. When not, 32 G. 1. 
 
 sureties of freight clerk held, under their bond, for his embezzlement as 
 principal agent, 32 G. 7 1 8. 
 
 remddy given against sureties of deputy sheriff by ?51 of execution law of 
 1793, 2 M. 280. 
 
 creditor not bound to issue execution against executors of, before he can 
 file bill for satisfaction, 6 M. 29. 
 
 motion lies against deputy sheriff and surviving, on his bond, 2 L. 393. 
 
 on bond of deputy sheriff held bound during second year of sheriffalty, 2 
 L, 393. 
 
 what memorandum on bond does not discharge principal or sureties, 8 L. 
 623. 
 
 party having decrees against debtor who becomes bankrupt may sue ad- 
 ministrator and heirs of, to subject his land, 33 G. 548. 
 3. When not bound : 
 
 if principal in adjoint bond survive, executor of surety is not boond in 
 equity, 2W. 136. 
 
 is released if property levied on is restored by plaintiff's order without bis 
 consent, 1 C. 18. 
 
 of clerk not bound for money paid him, if not paid under order of court, 1 C. 
 481. 
 
SURETIES. 537 
 
 SURETIES, "When not bound, Continued. 
 infant becoming surety on a replevy bond is not bound, 2 C. 70. 
 surety in appeal bond is released by abatement of appeal unless it is re- 
 versed, 2 C. 286. 
 of sheriff for first year not liable for taxes collected by him for the second, 
 
 4 H. & M. 208. 
 what not sufficient ground for action against, on administration bond, 2 
 
 M. 24. 
 on injunction bond not liable for costs and damages of appeal to a superior 
 
 court, 3 M. 230. 
 relief given in equity though no defence had been made at law, 4 M. 110. 
 appeal bond executed by surety only is sufficient, 4 M. 323. 
 bond taken by court w jfhout authority of law not valid as to, 1 L. 485. 
 on forthcoming bond not liable for damages incurred by principal who 
 
 sues out an injunction, 4 L. 633. 
 what is a bar to an action against administrator of surety, 5 L. 153. 
 when one, is discharged by act of obligee others are also, 5 L. 153. 
 when court will direct an exoneretur of, from a forthcoming bond, 6 L. 547 
 what transactions of principal debtor discharge, 7 L. 244 ; 9 L. 164. 
 if penalty of guardian's bond is blank it is void as to, 1 G. 310. 
 when surety not liable for endorsement made by agent, 1 G. 226. 
 when, on administration bond not conforming to statute , not liable to 
 
 creditors,. 3 G. 358. 
 of executor who qualified before act 1826 not liable for proceeds of real 
 
 estate, 3 G. 109. 
 on bond of executrix not responsible for rents and profits of real estate, 
 
 when, 8 6. 220. 
 bond signed by surety with' blank as to sum, and filled up afterwards, not 
 
 his bond, when, 10 G. 215. 
 covenant by holder to give principal obligor specific time does not release 
 
 sureties at law. Remedy is in equity, 10 G. 252. 
 giving further time to principal discharges, Gil. 149. 
 of administrator not liable when he acted as a commissioner of the court, 
 
 14 G. 229. 
 when, of executor not liable for proceeds of land, 23 G. 477, 652. 
 when, of executor are and are not liable for compound interest, 23 G. 652. 
 when, of administrator not liable on his undertaking, 23 G. 802. 
 when surety relieved from liability to pay debt of principal, 25 G. 211. 
 on bond not released in this case, 29 G. 244. 
 of sheriff not liable for money received by him on execution after return 
 
 day, 30 G. 1. 
 released by usurious a^eement of forbearance between creditor and pnn- 
 . cipal, 2 P. & H. 504. 
 principal competent witness for, in such case. Judgment eiyoined if, 
 
 ignorant of such facts, 2 P. & H. 504. 
 released if creditor takes notes for the amount of the bond, when, 2 P. & 
 
 H. 504. 
 
 68 
 
538 SURETIES. 
 
 SUEETIES, When not bound, Continued. 
 
 when accepting notes for the debt from the principal in a bond releases 
 
 the surety, when not, 32 G. 1. 
 when sureties of administrator released by giving of his bond to widow, 
 
 and when her claim barred by the statute, 32 G. 92. 
 when executors of surety to bond given before act of 1786, but dying after 
 
 act, exonerated, 2 C. 268. 
 if judgment in joint suit against principal and, is erroneous as to latter it 
 
 is revei'sed as to all, 2 R. 313. 
 sureties of an Executor not responsible for proceeds of laud sold by him 
 
 under the will, 2 E. 483. 
 sureties of executor not liable for acts of his executor in settlement of 
 
 estate of first testator, 2 R. 483. 
 principles on which indulgence to principal exonerates surety, 4 L. 622. 
 4. Rights of : 
 is entitled to judgment against principal for the specific thing he has had 
 
 to pay, 1 C. 443. 
 when surety might bring bill of quia timet to compel principal to pay 
 
 bond, 3O>50. 
 wlio pays a bond considered in equity a creditor of the principal obligor, 
 
 2 C. 125. 
 
 in forthcoming bond has a right to deliver the property on the day of sale, 
 
 3 M. 417. 
 
 entitled to injunction against judgment rendered against him on forth- 
 coming bond on account of fraud of sheriff, 3 M. 417. 
 
 cannot get injunction against grantor for want of title, if purchaser does 
 not object, 4 M. 324. 
 
 when, paying a debt which is barred loses remedy against his principal, 3 
 R. 490. 
 
 judgment against sheriff not evidence against his, in suit against them for 
 his breach of duty, 4 E. 317. 
 
 of contribution among sureties, 5 L. 414, 552. 
 
 rights of, to trust fund assigned to indemnify them, and of sureties in 
 bounds-bond given by debtor at suit of one of first sureties, 10 L. 382. 
 
 who pay bond after principal's death are specialty creditors. May retain 
 if they are administrators, 11 L. 92, 309. 
 
 may resort to equity to compel creditor to collect debt, and if he pays it 
 is subrogated, 12 L. 573. 
 
 when person becoming surety without knowledge of other sureties entitled 
 to contribution, 1 Rob. 169. 
 
 no lien created by proceedings of a nominal surety in this case, 1 Rob. 
 169. 
 
 when surety on administration bond not substituted to rights of surety on 
 appeal bond, 1 Eob. 461. 
 
 when, of second administrator not entitled to have accounts of first ad- 
 ministrator resettled, 1 G. 431. 
 
 decree founded on account taken in cause in which, are not parties not 
 conclusive against them, 2 G. 73. 
 
SURETIES. 539 
 
 SURETIES, Rights of, Continued. 
 
 what, in forthcoming bond paying debt may recover from principal 2 G 
 
 178. ' 
 
 as to substitution of, in forthcoming bond to remedies of creditor against 
 
 debtor, 2 G. 419. 
 when, in injunction bond paying judgment entitled to benefit of its lien 
 
 4 G. 81. 
 as to contribution between, in this case. "Who entitled, who not, 4 G 88 
 
 267. ' ' ' 
 
 surety executing bond to co-surety who assigns it and is insolvent can 
 
 have it in contribution in preference to assignee, 4 G. 267. 
 what credit, of executor of a partner not allowed to set up in this case 7 
 
 G. 86. 
 of grantor against whom judgment is obtained may direct execution 
 
 levied on property and set up fraud in conveyance, when, 7 G. 185. 
 when, of executor may recover from purchaser from executor, 8 G. 140. 
 remedies of surety whose principal is dead, 9 G. 398. 
 two of three obligors gave money to third to pay bond. Judgment on it 
 
 against all three. Eights of each, 10 G. 164. 
 of deputy sheriff, estopped to deny principal was a deputy, 10 G. 198. 
 of public officer not excluded from benefit of bankrupt act of 1841, 10 G. 
 
 494. 
 innocent party receiving a bond from a guardian not liable to his sureties, 
 
 when, n G. 111. 
 how surety on forthcoming bond entitled to have property applied in this 
 
 case, 11 G. 522. 
 having defective mortgage allowed to stand in place of principal, 4 H. & 
 
 M. 436. 
 to a bond are protected by trust made to satisfy some of them, 2 E. 514. 
 when, cannot complain of erroneous decree against executor, 13 G. 257. 
 when person accepting benefit of sale by trustee must indemnify his, 17 G. 
 
 289. 
 how much surety purchasing claims for which both are liable shall charge 
 
 co-surety, 12 G. 642. 
 duty of obligee when surety gives him notice to sue obligor, 25 G. 553. 
 surety paying bond given under act May 20, 1870, substituted to rights of 
 
 principal, 28 G. 850. 
 when, paying bond not subrogated to rights of creditor, 29 G. 280, 
 when, paying judgment substituted to its lien, 29 G. 339. 
 when surety on injunction bond of second endorser of note has recoijrse 
 
 against first endorser, 29 G. 494. 
 of tax collector not entitled to homestead exemption against the common- 
 wealth, 29 G. 683. 
 when, entitled to subrogation to rights of lunatic against fraudulent pur- 
 chaser from his committee, 1 P. & H. 121. 
 when surety can only recover value of money paid for bond, and interest, 
 
 22 G. 748. 
 
540 SURETIES— SURVEY. 
 
 * 
 
 SUEETIES, Eights op, Continued. 
 when surety can have land subjected to debt without first proceeding 
 
 against principal, 26 G. 511. 
 when two of the sureties of a U. S. collector subrogated to priority of U. 
 
 S., if they have paid the debt, as against another surety, 32 G. 76. 
 what proportion recovered by, from co-surety in this case, 32 G. 76. 
 principles of equity as to subrogation not affected by act 1 Brightley's 
 
 Digest, 382 J266, 32 G. 76. 
 when surety on note given for purchase money of land, paying it, not sub- 
 rogated to vendors lien as against holder of subsequent notes, 32 G. 127. 
 if there are several sureties it is error to decree against land of one until 
 
 after enquiring as to solvency of others, 32 G. 254. 
 what course proper in such case, 28 G. 815 ; 32 G. 254. 
 judgment against principal in a bond is not conclusive evidence against 
 
 his sureties, 2 E. 313. 
 surety only entitled in equity to recover from principal amount actually 
 
 paid by him, 2 L. 29. 
 no motion lies for, against devisees of principal under 1 E. C. ch. 116 p, 
 
 2 L. 68. 
 1 E. C. ch. 78 J37, which binds lands of sheriff to, construed, 2 L. 68. 
 surety paying five several sums for principal may have five motions and 
 
 judgments against him, 3 L. 609. 
 case of surety relieved in equity and recovering debt paid by him from 
 
 principal, 5 L. 219. 
 bond is given by obligee to surety's wife. Surety cannot sue principal for 
 
 money paid, 6 L. 106. 
 endorsers secured by deed of trust who are released by laches, have no 
 
 rights under the deed as they sustain no loss, 10 L. 206. 
 principal bound to indemnify, whether his name appears as principal or 
 
 not. In such case, entitled to subrogation, 33 G. 527. 
 rights and liabilities of, if third person after execution of contract or after 
 
 judgment on it, becomes a surety, 33 G. 527. 
 receiver not a creditor whom, might notify to sue for the debt, 33 G. 705. 
 it is error to decree sale of lands of, without enquiry as to whether princi- 
 pal has not land first liable, 33 G. 548. 
 SUEPEISE ; see New Trial. 
 plaintiff cannot go into equity if he could by a nonsuit have prevented a, 
 
 1 "W. 185. 
 appeal may be redocketed at a subsequent term if dismissed by, 3 C. 221, 
 
 232. 
 after dismissing appeal it cannot be reinstated without a rule or notice to 
 
 adverse party, 4 M. 299. 
 party relieved in equity in this case, 11 L. 227. 
 SURVEY ; see Boundaries ; Qrant ; Land ; Patent. 
 containing too much land does not affect title, 2 "W. 116. 
 owner of a, should complete his title in a reasonable time, 2 "W. 121. 
 if verdict is for land in, survey mentioned, judgment should pursue ver- 
 dict, 2W.276. 
 
SURVEY. 541 
 
 SUEVEY, Continued. 
 private, admissible as to parties to it but not as to strangers, 2 W. 276. 
 when admissible evidence in Court of Appeals, 3 C. 259. 
 does not pass title; when notice by surveyor presumed; when subsequent 
 
 locator not postponed by, 3 C. 259. 
 inclusive, cannot be made of lands held by entry only, 2 H. & M. 55. 
 when judgment should be against caveatee in this case of an inclusive, 2 
 
 H. & M. 55. 
 what a purchase by metes and bounds as laid down in, 4 H. & M. 184. 
 if sale of land is by the acre a, may be claimed at anytime before business 
 
 is closed, Gil. 159. 
 inchoate right to land held by entry and, only descends to heirs ; surveys 
 
 of land may be assigned, 2 E. 206. 
 held naught for not conforming to entry, 1 L. 353. 
 
 when failure to return, within twelve months will not bar caveat, 8 L. 681. 
 allowance made for deficiency in land because of inaccuracy inherent in 
 
 surveying, 10 L. 37. 
 duties of surveyor when called on to make, 9 G, 263. 
 what, held to be correct, 10 G. 445, 
 when purchaser may require a, 4 M. 332. 
 how far, of lands essential, J. 30. 
 
542 TAX SALES— TAXES. 
 
 T. 
 
 TAX SALES ; see Sale. 
 TAXES; see Sale; Sheriff. 
 
 interest is not due on damages until after judgment against sheriff for, 1 
 C. 194. 
 
 surety on sheriff 's bond for, given by mistake, not bound, 2 C. 510. 
 
 sheriff is prima facie collector of, 4 C. 357. 
 
 collected, might under acts of 1794 and 1798 be recovered in name of gov- 
 ernor, 5 C. 546. 
 
 law of January 23, 1799, did not compel merchant to pay tax on each store 
 kept by him, 1 H. & M. 340. 
 
 sheriff indulging a man for, can recover same and interest from him, 1 H. 
 & M. 454. 
 
 what necessary under act December 27, 1790, to create forfeiture of land 
 for non-payment of, 2 H. & M. 318. 
 
 heir not bound for clerk's fees or, due from ancestor in his lifetime, 4 H. 
 & M. 460. 
 
 what good defence of clerk to motion against him for failing to pay, on 
 law process, 2 M. 31. 
 
 for what, person neglecting to enter laud with commissioner of land tax 
 liable, 2 V. C. 258. 
 
 when lessee conveying lands as security for a debt, bound to see to pay- 
 ment of, 1 E. 408. 
 
 clerk failing to pay, received on law process into treasury, liable to pen- 
 alty, 3 R. 221. 
 
 right of Richmond to levy, to redeem loan made under act of assembly 
 sustained, 8 L. 120. 
 
 act of February 28, 1864, does not apply to salaries of ministers, 3 G. 615. 
 
 assessment against sheriff of Frederick county held valid, 13 G. 577. 
 
 shares in railroad company not liable to be taxed by Bichmond city, 14 
 Or. 385. 
 
 how laws conferring power of taxation and exempting from taxation con- 
 strued, 17 G. 176. 
 
 power of municipal corporation to tax a railroad company, 17 G. 176. 
 
 what, purchaser of leased property should pay, 19 G. 74. 
 
 as to liability of butchers to pay license, 19 G. 813. 
 
 when party properly imprisoned for failure to pay license, 20 G. 165. 
 
 keepers of billiard saloons may be required to pay a license tax, 21 G. 570. 
 
 when merchant must pay lax as a junk dealer, 21 G. 785. 
 
 proceeding to be relieved of a double tax is a civU proceeding, 21 G. 511. 
 
 when party must pay license tax as a commission merchant, 21 G. 511. 
 
 property of Richmond and Danville Railroad Company is exempt from 
 taxation, 21 G. 604. 
 
 as to exemption from taxation in charters, 21 G. 604. 
 
 power of taxation and of exemption confided to municipal corporations is 
 a delegated trust, 21 G. 604. 
 
 council of Richmond may tax lawyers. How tax may be laid, 33 G. 464. 
 
TAXES— TENANTS IN COMMON. 543 
 
 TAXES, Continued. 
 
 councils of Norfolk may lay a license tax on foreign insurance companies, 
 25 G. 97. 
 
 when sureties on bond of collector of taxes liable and estopped to deny its 
 validity, 25 G. 721. 
 
 when sureties of tax coUeotor not released by extension of time given him, 
 25 a. 771, 780. 
 
 as to bond of tax collector when new duties are afterwards imposed, 25 G. 
 771. 
 
 how prior to act April 2, 1873, treasurer was to settle accounts,. 25 G. 780. 
 
 act of 1874 imposing a license tax on merchants constitutional, 25 G. 951. 
 
 councils of Eichmond may impose license tax on a foreign telegraph com- 
 pany, 26 G. 1. 
 
 as to power of State to tax agencies of the U. S. Government, 26 G. 1. 
 
 act as to license tax on sample merchants construed, 26 G. 988. 
 
 corporations are included in act imposing a tax on collateral inheritances, 
 27 G. 110. 
 
 corporation must pay collateral inheritance tax on property devised to it, 
 though its property is exempt from taxation, 27 G. 110. 
 
 what property of Chesapeake and Ohio Railroad State may and may not 
 tax, 27 G.344. 
 
 State cannot tax railroad bonds held by persons living out of the State, 
 27 G. 344. 
 
 when State cannot tax buildings built by the 17. S. on land not owned by 
 it, 28 G. 115. ' 
 
 how assessed if buildings and land owned by different persons, 28 G. 115. 
 
 property of Petersburg Bailroad Company subject to taxation, 29 G. 773. 
 
 county can only tax such property as the State taxes, 30 G . 471. 
 
 county cannot tax real estate of railroads in the county, 30 G. 471. 
 
 authority of Eichmond to tax carts not owned in the city, 31 G. 646. 
 
 authority of Richmond to compel owners of lots to pave sidewalks, 31 G. 
 571. 
 
 authority of Norfolk to tax lot owners for paving streets, 26 G. 224. 
 
 decision of XT. S. Supreme Court as to whether a tax imposed by Congress 
 is in violation of constitution of U. S. binding on this court, 32 G. 472. 
 
 w:ha.t State bonds exempt from taxation. Coupons are receivable for all 
 taxes due State, 33 G. 237. 
 
 when too late to object that juror had not paid capitation tax, 33 G. 766. 
 
 as to right of foreign sewing machine CO., or its agents, to sell without pay- 
 ing license tax to State, 33 G. 898. 
 TELEGEAPH COMPANY. 
 
 liability of for alteration of message; how damages ascertained, 15 G. 122. 
 TENANTS IN COMMON; see Joint Tenants; Parceners. 
 
 several tenants claiming severaUy parts of land may be sued in one ac- 
 tion of ejectment, 3 E. 462. 
 
 may bring unlawful detainer for whole land without joining co-tenant, 4 
 
 E. 468. 
 
544 TENANTS IN COMMON— TITLE. 
 
 TENANTS IN COMMON, Continued. 
 
 principles of taking account of profits for one, against another, 7 L. 720. 
 
 ejectment by, against co-tenant, 10 L. 457. 
 
 •when, in possession of land may use statute of limitations as a defence 
 against his co-tenant. 4 G. 16. 
 
 when disseisin or ouster of one, by his co-tenant presumed, 4 Q. 16. 
 
 what does not constitute an actual ouster by one, of co-tenant, 9 G-. 146. 
 
 as to right of, to maintain a caveat against issuing a grant, 9 G. 194. 
 
 as to purchase by, of outstanding adverse title, 22 Gr. 414. 
 
 rights of, haYing equitable title to land, 14 G. 82. 
 
 deed by one, of whole property binds him, when, 14 G. 82. 
 
 when, may sue co-tenant for rents Share of each, 16 G. 21. 
 
 rights and liabilities of; how accounts stated ; liability for waste, 19 G. 28. 
 TENDER. 
 
 of paper money, how pleaded, 1 W. 26. 
 
 to one joint obligee is, to all, 2 W. 282. 
 
 made in a foreign country may be relied on in Va. court, 2 W. 283. 
 
 when plea of, of paper money bad, 2 C. 277. 
 
 defendant pleading, in a former suit, may show by parol evidence that 
 money was then paid clerk, 3 C. 243. 
 
 on plea of, payment of costs into court not necessary, 3 C. 243. 
 
 when, in paper money of no avail, 4 C. 402. 
 
 when, of a legacy by legatee's husband stops interest on it, 4 C. 605. 
 
 of a less sum than is due no bar to recovery of interest on amount ten- 
 dered, 3 M. 10. 
 
 when, of interest at any time before sale under trust deed authorizes 
 equity to interfere, 5 M. 495. 
 
 when, of money on a judgment will not authorize court to stop or quash 
 execution, 6 G. 592. 
 
 what a legal tender, 19 G. 331. 
 
 what is not a tender, 21 G. 556; 26 Q. 667. 
 
 when, of Confederate money in payment of a Confederate debt not suffi- 
 cient, 22 G. 364. 
 
 when offer of check to receiver not a good, 22 G. 724. 
 
 when, of Confederate money by purchaser of land not valid, 22 G. 780. 
 
 purchaser at judicial sale cannot make a valid, to a receiver, 22 G. 724. 
 
 when, of notes of a bank in payment of debt due bank not good defence, 
 25 G. 378. 
 
 THEOLOGICAL SEMINARY. 
 
 bequest to a, held good and construed, 25 G. 599. 
 TITLE. 
 
 not necessary to show seisin in Crown in special verdict to trace, 1 W. 34. 
 
 what is sufficient finding in a special verdict to give, 1 W. 34. 
 
 act preventing the buying of pretensed titles construed, 1 W. 38. 
 
 priority of, will draw to it priority of relation, 1 W. 38. 
 
 rule caveat emptor only applies to purchasers of legal, 1 W. 38. 
 
 defendant in ejectment may buy plaintiff's, 1 W. 38. 
 
TITLE— TORT. 545 
 
 TITLE, Continued. 
 when plaintiff may recover for rent though he has no, 1 W. 87. 
 when owner of equitable, cannot recover, 1 "W. 287. 
 lessee enjoying land cannot claim want of, in lessor, 1 "W. 340. 
 not affected because survey contains too much land, 2 W. 116. 
 grant refused unless, completed within a reasonable time, 2 W. 121. 
 {uasre, if on petition for a mill court can try, without a jury, 1 C. 329. 
 sale of a lost certificate though to a bona fide purchaser does not convey 
 
 any, 1 C. 500. 
 equity will relieve against bond to secure, to lands though consideration 
 
 not expressed in it, 1 C. 533. 
 qusere, who is competent witness in suits concerning, to lands, 2 C. 379. 
 demandant must recover on the strength of his own, 2 C. 555, 574. 
 to slaves before act 1758 not good on parol gift until after five years' pos- 
 session, 3 C. 85. 
 not the entry or survey, but the grant only passes, 3 C. 259. 
 when purchaser not excusable for not paying purchase money on ground 
 
 of defect in vendor's, 3 C. 320. 
 purchaser must inquire as to, when executor sells land only as testator 
 
 held it, 3 C. 558. 
 if owner of land sees it sold without disclosing his, his right is forfeited, 5 
 
 0. 463. 
 when decree understood to require vendor to make, to vendee, 3 M. 243. 
 when purchaser not protected against assignee of bo^id for purchase money 
 
 for defect of, 3 M. 275. 
 when, ought to be referred to a commissioner to examine and report on, 3 
 
 M. 317. 
 what lands vendor must include in deed though, to part be defective, 3 M. 
 
 317. 
 when equity may decree without first referring, to commissioner, 5 M. 
 
 299. 
 when, divested by a writ of ad quod damnum, 3 PI. & M. 548. 
 when purchaser relieved in equity on ground of defect of, 4 H. & M. 390. 
 in whose favor legal, to land not disturbed, 1 M. 293. 
 when equity will appoint a commissioner to convey the legal title to a 
 
 party entitled to it, 3 G. 278. 
 TOBACCO. 
 
 equity will assist process of execution levied on, in public warehouses, 4 
 
 H. & M. 445. 
 how executor or administrator charged with, received by him, 3 M. 288. 
 when merchant's license not necessary to allow sale of, 1 L. 572. 
 when commonwealth liable for loss of, by burning of a public warehouse, 
 
 3 L. 241. 
 when and how owners of warehouse may close it as such, 23 G. 184. 
 
 TOLL BEIDGE ; see Bridge. 
 
 TORT. ' 
 
 may be ground of and support an action of assumpsit, 4 C. 451. 
 
546 TORT— TRESPASS. 
 
 TORT, Continued. 
 when In action of, judgment should be for damages without interest, 5 L. 
 
 598. 
 counts in, held good and well joined with count in trover, 8 L. 565. 
 when pulling down house during a fire a, when not, 2 G. 219. 
 
 TREASON. 
 
 under law of 1776, House could not pardon without concurrence of Sen- 
 ate, 4 0. 5. 
 TREASURER. 
 
 as to fight of State, to apply monies received from predecessor, Gil 235. 
 
 when treasury hooks conclusive evidence against, and his sureties, Gil. 235. 
 
 act of 1792 authorized governor to require annual bonds of, Gil. 235. 
 
 when not forbid to receive other things than money without auditor's 
 wanant, 2 G. 134. 
 TREASURY NOTE. 
 
 is by act of Congress transferable by delivery and assignment only, 1 R. 12. 
 
 when recovered by detinue from holder though stolen from mail, 1 R. 12. 
 TREATY. 
 
 construction of, of Peace and, of London of 1794, 5 C. 364. 
 
 construction of, of 1783, 1 M. 218.. 
 TREES. 
 
 by sale of standing timber interest passes to vendee which he may assign, 
 9 L. 548. 
 
 assignee having chosen and marked, may bring trover against vendor for 
 felling and converting them, 9 L. 548. 
 TRESPASS ; see Case. 
 
 when one trespasser competent witness for another in action of, 1 W. 187. 
 
 when new trial in action of, not awarded, 1 W. 322. 
 
 lies against sheriff if deputy drive property of one on another's land and 
 distrains, 2 C 273. 
 
 in trespass issue on plea of justification is immaterial and a repleader 
 should be awarded, 2 C. 379. 
 
 after judgment for plaintiff in ejectment, does not lie against a person not 
 a party unless there was actual trespass, 2 C. 508. 
 
 when heir cannot bring, before.an assignment of dower, 3 C. 181. 
 
 when in, evidence that slave belonged to defendant is admissible, and for 
 what purpose, 5 C. 531. 
 
 if injury is immediate, is the proper remedy, 6 C. 44. 
 
 what not sufficient evidence of property or possession in trustees to sus- 
 tain, 2 H. & M. 415. 
 
 in, vi et armu it is immaterial whether injury be wilful or not, 2 H. & M. 
 423. 
 
 distinction betweeUf iii et armis and on the case, 2 H. & M. 423. 
 
 person injured by firing of gun from carelessness should bring, vi et armis, 
 2 H. & M. 423. 
 
 when will not lie for causing plaintiff to be taken under execution, 3 H. 
 & M. 260. 
 
TRESPASS. 547 
 
 TRESPASS, Continued. 
 lies against sheriff for tortious act of his deputy, 3 H. & M. 127. 
 plaintiff cannot appeal from judgment in favor of all defendants but one 
 
 in joint action of, until suit dismissed or decided as to that one, 3 M.458. 
 what acts by common carrier amount to, only, 4 M. 444. 
 act of limitations may be pleaded to, against carrier for embezzling goods 
 
 4 M. 444. 
 vi et armis and not case is proper action against justice for maliciously 
 
 issuing search warrant, 6 M. 27. 
 case is proper suit against person attaching property maliciously without 
 
 probable cause, 5 M. 110. 
 illegal search by landlord foT stolen goods makes him a trespasser, Gil. 221 . 
 new trial noi granted for small ness of damages, 2 V. C. 49. 
 is proper redress of party prosecuted without'probable cause for stealing 
 
 a deed, 2 K. 440, 
 when error in action cured by act of jeofails, 2 E. 440. 
 effect of death of defendant in, 3 R. 14. 
 when, quare clausMm fregit may be maintained, 6 R. 8, 556. 
 sheriff levying fi. fa. on goods in possession of purchaser at a sale under 
 
 trust deed, is a trespasser, 6 E, 285. 
 plaintiff cannot bring, and trover for same act, 6 E, 457. 
 guardian may maintain suit for, on ward's lands. Ward cannot, 6 E. 556. 
 possession necessary to support, quare claumm fregit, 6 R. 556. 
 when party ousted by actual force from laild by oflicers of commonwealth 
 
 cannot bring, against them, 2 L. 590. 
 action of,'lies for a wrongful distress, 7 L. 660. 
 does not lie against surveyor executing order of county court directing 
 
 him to open a road, 8 L. 454. 
 declaration in, quare claumm fregit held insufficient, 2 H. & M. 595. 
 gist of action must be positively averred in declaration or it is insuificient, 
 "■ 3 H. & M. 127. 
 what intended after verdict in, by administrator for taking slaves, 3 H. & 
 
 M. 127. 
 declaration in, continuing by way of recital to the end is bad, 3 H. & M. 
 
 271. 
 form of declaration in, by executor against administrator for goods taken 
 
 by intestate from testator, 4 M. 136. 
 it is suiBcient to charge in declaration that goods were the property of 
 
 plaintiff, 4 M. 251. 
 what need not be stated in declaration in, for taking away poultry, 4 M. 
 
 251. 
 quxre, whether error in this case cured by verdict. Evidence in mitiga- 
 tion of damages, 5 C. 531. 
 declaration charging as aggravation of damages, a special pecuniary loss, 
 ■ good after verdict, 6 M.,308. 
 declaration not alleging that plaintiff has property in thing taken, bad on 
 
 demurrer, 6 E. 457. 
 what a good plea of justification in action of, 6 R. 457. 
 
548 TRESPASS— TRIAL. 
 
 TRESPASS, Continued. 
 what declaratioa must set forth in, for wrongful distress for rent, 2L. 447. 
 what defect in conclusion of judgment not cause for reversing it, 4 M. 136. 
 when judgment in trover or detinue a bar to action of, 6 E. 457. 
 what not admissible in evidence under joint plea of "not guilty" in, viet 
 
 armis, 1 M. 288. 
 when in, quare clausum fregil plaintiff must reply to plea of justification 
 
 and join issue on " not guilty," 2 M. 205. ^ 
 
 what not evidence against plaintiff in, for taking away goods, 4 M. 136. 
 acknowledgment not on oath, of person not a party, that he committed the 
 
 trespass, inadmissible, 4 M. 458. 
 . when inference is that heirs entered into possession at ancestor's, death, 4 
 
 L. 325. 
 plea by surveyor that he acted under order of court, held good, 8 L. 454. 
 when, vi et armis lies for burning plaintiffs wood lying on defendant's 
 
 land, 4 G. 151. 
 what necessary to sustain, quare clausum /regit by landlord against tenant, 
 
 5G. 9. 
 who must bring, quare clausum f regit, 5 G. 9. 
 
 breach of promise by tenant to deliver crop growing on land is no, 5 G. 9. 
 how jury should assess damages in joint action of, against several who 
 
 plead jointly, 5 G. 90. 
 how mistake in assessing damages corrected, 5 G. 90. 
 what no, under Sup. E. C. ch. 226 |1, 5 G. 657. 
 in, quare clausum /regit what proper for jjlaintiff to charge, 6 G. 144. 
 joint action for, lies against husband and wife for joint assault by both, 6 
 
 G. 213, 
 what verdict and judgment may be in such case, 6 G. 213. 
 right of plaintiff to introduce evidence in, plea being " sonassauU demesne '.' 
 
 and replication " de injuria, 9 G. 16. 
 when breaking and entering close of another is a misdemeanor, 8 G. 708. 
 what trespass is a misdemeanor, 8 G. 708. 
 
 what may be proved under general allegation of alia enormia, 17 G. 472. 
 counts in case and, vi et armis may be joined in action of trespass on the 
 
 case, 29 ,G. 192. 
 when count in, on the case avers a good cause of action, 29 G. 192. 
 what indictment for, under ch. 34 §1, act 1822-3 bad, 4 L. 675, 686. 
 indictment lies under said act against free person for beating slave, 11 L. 
 
 631. 
 what not a, under act Feb. 14, 1823, 2 Rob. 791. 
 declaration in case alleging a, at common law is good, 33 G. 136. 
 insisting on entering house at night a trespass, when, 33 G. 136. 
 when person present when trespass was committed liable, 33 G. 136. 
 how damages assessed in, for shooting plaintiff, 33 G. 136. 
 case will lie wherever trespass will, and is sufficient, 33 G. 136. 
 TRIAL; see Criminal Jurisdiction and Proceedings; New Trial. 
 when presumed to have been by consent, 1 W. 9. 
 if plaintiff goes to, at law, he cannot afterwards go into oqAity, 1 "W. 185. 
 
TRIAL. 549 
 
 TRIAL, Continued. 
 
 by jury should never be taken away by implication, 1 "W. 340. 
 
 informality in joining issues is cured by verdict, 2 "W. 1. 
 
 jury may consider equitable circumstances in regard to the recovery of 
 interest, 1 C. 133. 
 
 quiere, if before pleading defendant tender less than principal and interest 
 court can fix amount due, 1 C. 215. 
 
 if defense is purely legal it should be made at law, 1 C. 224. 
 
 qusere, if in petition for a mill court can try title without a jury, 1 C. 329. 
 
 defendant may be ruled to, in county court at first term after office judg- 
 ment, 3 C. 225. 
 
 declaration may be amended after, and the withdrawal of a juror, 3 C. 
 522. 
 
 when equity will relieve after a, at law, 3 C. 531. 
 
 declaration may be amended during, but defendant can plead anew and 
 get a continuance, 4 C. 225. • 
 
 when equity will relieve against verdict if defendant negligent in prepar- 
 ing for, 4 C. 274. 
 
 what gross negligence in preparing a case for, 4 C. 274. 
 
 court of error will pass over form and look at substance, 4 C. 367. 
 
 equity will relieve if defendant kept by sickness from, 5 C. 279. 
 
 when district court should on a second appeal, retain cause for, 6 C. 16. 
 
 when court of chancery has power to change place of, 4 H. & M. 246. 
 
 when judgment affirme_d though order of reference 'set aside and trial held, 
 6 M. 106. 
 
 when administrators of a deceased person appear and go to, they cannot 
 object that cause was not revived, 6 M. 2 1 8. 
 
 what terms of circuit court at which prisoner must be tried, 7 G. 646 ; 8 
 G. 600. 
 
 prisoner not entitled to discharge because three terms elapsed before, 
 when, 8 G. 661. 
 
 what is evidence on motion of prisoner for discharge because of delay in 
 his, 8 G. 661. 
 
 prisoner after conviction again tried on same indictment, 3 G. 593. 
 
 when prisoner not discharged on account of delay in, 6 G. 673. 
 
 when objection that juror was a grand juror should be made, 12 G. 689. 
 
 when plaintiff must produce contract or account for its non-production,, 
 14 G. 447. 
 
 appellate court cannot say there should have been a view by a jury, when, 
 14 G. 447. 
 
 after indictment for a felony the only question open is as to prisoner's ex- 
 amination, 18 G. 969. 
 
 prisoner can only be tried for felony on an indictment, 18 G. 989. 
 
 two prisoners may be arraigned together but may elect as to, and plead 
 separately, 19 G. 640. 
 
 within what time trial of prisoner must be had, or he be discharged, 19 
 G. 478 ; 20 G. 800. 
 
 prisoner indicted in corporation court cannot be tried in circuit court, 20 
 
 G. 860. 
 
650 TRIAL— TRUST. 
 
 TRIAL, Continued. 
 
 proper course if some of the evidence introduced is legal and other not, 
 
 12 G. 153. ' 
 instruction assuming truth of an important fact, or calculated to mislead 
 
 jury, should not be given, 20 G. 860. 
 what proof necessary on trial for murder, 21 G. 809. 
 on trial for felony prisoner mnst be present from arraignment to verdict, 
 
 19 G. 656 ; 20 G. 860. 
 
 it is matter of indifference in what order testimony is heard, 21 G. 158. 
 what proceedings proper when prisoner escaped and was retaken, 21 G. 777. 
 on arraignment prisoner may elect to be tried in circuit court, 19 G. 640. 
 prisoner discharged for want of jurisdiction of court may be tried again, 
 
 20 G. 845. 
 TROVER. 
 
 detjaration need not state price of thing converted, 2 AV, 192. 
 
 damages should not exceed the amount laid in declaration, 2 W. 192. 
 
 may be sustained by owner of a lost certificate against a bona fide pur- 
 chaser, 1 C. 500. 
 
 wife need not be joined with husband in, for a slave belonging to her, 6 
 C. 55. 
 
 in, against B. for goods lent him by C.'s wife and conveyed by C. to plain- 
 tiff, C.'s wife is competent witness, 1 H. & M. 154. 
 
 when judgment in, a bar to an action of trespas.s, 6 R. 457. 
 
 infant cannot bring, for trees blown down and sold by his guardian, 6 R. 
 556. 
 
 when administrator liable in, for a chattel sold by hira. Trustee of a 
 chattel entitled in, to its value, 1 L. 86. 
 
 when proof of demand and refusal not necessary in, 1 L. 86. 
 
 loss of slave improperly employed by bailee makes him liable in, 8 L. 565. ' 
 
 assignee choosing and marking trees sold him may bring, against vendor, 
 9 L. 548. 
 
 by tenant in common against co-tenant where chattel destroyed by use 
 thereof, 3 G. 196. 
 
 action of, for slave not sustained in this case, 10 G. 333. 
 
 what a conversion of slaves by hirer. What not, 12 G. 153. 
 
 may be sustained against personal representative assucJi though the goods 
 never came into his hands, 25 G, 765. 
 
 sustained for property taken by U. S. forces for use of a lunatic asylum, 
 27 G. 163. 
 TRUST; see Appointment; Deed of Trust; Fraudulent Conveyance; Mort- 
 gage; Power; Trustee. 
 
 when sale set aside in favor of cestui que trust, a trust being proved, 2 C. 
 218. 
 
 created by will for payment of debts, extends only to such as testator was 
 bound in conscience to pay, 2 H. & M 124. 
 
 before act of 1785 widow was not dowable of a trast estate, 3 H & M. 323. 
 
 when claim barred on ground that possession of defendant was fiduciary, 
 4 H. & M. 139. 
 
TRUST. 551 
 
 TRUST, Continued. 
 when conveyance by one of several executors or trustees supported in 
 
 equity, 2 M. 129. 
 when conveyance of legal title of land to trustee of eciuitable title com- 
 pelled, 2 M. 196. 
 when notice of prior, binding on purchaser, 1 M. 38; 2 M. 196; 3 H.& il. 
 
 316. 
 construction of this deed of marriage settlement, 3 M. 570. 
 relief given in equity though no defence was made at law, 4 M. 130. 
 when equity will not aid plaintiff to enforce a secret, 4 M. 187. 
 vendee may sue in equity vendor who has made deed of trust of land 
 
 sold, 5 il. 29. 
 when equity will compel assignee of mortgage, buying at sale, to convey 
 
 to assignor, 5 M. 420. 
 gusere, if omission of names of slaves in deed of trust subjects them to 
 
 creditors, 6 M. 245. 
 when purchaser from grantor in a deed of trust estopped from impugning 
 
 deed of the trustee, 6 M. 358. 
 case of injunction as to trust property, there being no trustee, 1 L. 163. 
 statute of uses in Va. does not apply to uses created by devise, 2 L. 356, 
 conveyance of land to one, which is paid for by another, is a trust for ben- 
 efit of the latter; these facts may be shown by parol evidence, 7 L. 566. 
 as to validity of a parol declaration of, in regard to personal property, 11 
 
 L. 403. 
 sale held not a due performance of the, in the will, 12 L, 1. 
 when precatory words in a will sufficient to raise a, 2 G. 1. 
 that grantee would pay grantor's debts held valid, though not signed by 
 
 grantee, 3 G. 142. 
 proof to establish a parol, attending purchase of land, insufficient in this 
 
 case, 3 G. 323. 
 when purchaser of land bound to know that trustee had no power to sell, 
 
 3 G. 494. 
 when purchaser at sale under execution of trust property protected by act 
 
 of limitations, 3 G. 357. 
 purchaser held to have notice of, and land subject to it, 4 G. 482. 
 relief given to cestuis que trust against purchasers in this case, 4 G. 482. 
 conveyance of wife's land by husband void, though he has legal title, 
 
 when, 6 G. 40. 
 cestui que trust in this case entitled to use principal and interest, 6 G. 424. 
 husband has no interest under this, which can be subjected to his debts, 11 
 
 G. 552. 
 what conveyance of land in, to slaves void, 11 G. 752. 
 when resulting trust may be set up by parol testimony against letter of a 
 
 deed, 22 G. 573. 
 case of failure of a, to State to establish a school, 23 G. 21. 
 equities of cestuis que trust held superior to those of purchasers for value, 
 
 24 G. 454. 
 held to vest a separate estate, 27 G. 857. 
 
552 TRUST— TRUSTEE. 
 
 TEUST, Continued. 
 when parol evidence to establish resulting, admissible, 28 G. 423. 
 ■wife's trust estate subjected to bond made by her, 29 &. 153. 
 by what contract as to her, property feme covert not bound, 29 Gr. 728. 
 
 construed, and rights of various parties settled, 30 G. 166. 
 
 construed, and conveyance held not in pursuance of it, 30 G. 565. 
 
 when purchasers affected with notice of, and treated as trustees, 30 G. 565. 
 
 character of parol testimony required to establish a resulting, 30 G. 744, 
 765. 
 
 what necessary to create resulting trust. When it must arise, 30 G. 744. 
 
 case of an implied, 31 G. 70. 
 
 when separate property oi feme covert not liable for her debts, 1 P. & H. 
 185. 
 
 when trust property liable for medical services and counsel fees, 1 P. & H. 
 
 185. 
 when aid of equity asked if profits of trust estate insufficient to pay debts, 
 1 P. & H. 185. 
 
 person receiving trust property in payment of individual debt of trustee 
 must account for it, 1 P. & H. 121. 
 
 when some ot cestuis que trust in possession of property cannot set up fraud 
 against others, 1 P. & H. 256 ; see 3 G. 77. 
 
 statute of limitations no bar in such case, 1 P. & H. 256. 
 
 constructive trust not enforced after twenty years, 2 P. & H. 462. 
 
 conveyance to trustee by one without title, possession, or control of prop- 
 erty is void, 2 P. & H. 533. 
 
 if conveyance of land to wife is paid for by husband, no trust is created, 
 but it is an advancement to wife, 32 G. 411. 
 
 court having x^ossession of case should direct execution of, when, 32 G. 843. 
 
 wlien covenant in deed of trust bound endorser of note secured without 
 any protest or notice, 33 G. 160. 
 
 who party may sue for misapplication of trust funds, 33 G. 463. 
 
 fiduciary should keep trust funds separate from his own property and ap- 
 ply or invest it properly, 33 G. 463. 
 
 decree for sale of trust property must conform to terms of deed, 3S G. 685. 
 TRUSTEE ; see Appointment ; Deed of Trust ; Fraud ; liYaudwleut Convey- 
 ance ; Mortgage ; Power ; T^t/ist. 
 
 1. In General. 
 
 2. Liability op. 
 
 3. Powers of. 
 1. In General: 
 
 person receiving profits of an infant's estate is a, 1 W. 145. 
 
 purchaser from, not bound to see to applicatian of purchase monej', when, 
 1 C. 524. ' 
 
 when deed of wife's land to, passes estate though no- consideration ex- 
 pressed, 2 C. 263. 
 
 refusing to free slaves as directed, compelled to do so, 2 C. 319. 
 
 when conveyance by one of three trustees supported in equity, 2 M. 129, 
 
TRUSTEE. 553 
 
 TRUSTEE, In General, Continued. 
 
 if trustee dies or refuses to act, ec^uity will appoint another, 2 H. & M. 
 11, 12. ^ 
 
 is a competent witness to prove that he duly advertised, 3 M. 170. 
 
 when surviving trustee of a town can bring bill for land annexed to the 
 town as common, 3 M. 358, 
 
 when creditor of deceased debtor may get decree for sale of property in 
 hands of debtor's, 5 M. 25. 
 
 deed of a, conveys absolute title at law but not in equity, 6 M. 358, 367. 
 
 cestuia que trust allowed to sue trustee and others in equity, though they 
 could have sued at law, 1 L. 195. 
 
 court took trust funds out of hands of, in this case, 8 L. 415. ' 
 
 parties co-operating in breach of trust by, liable to creditors, 1 Eob. 107. 
 
 when purchaser of equity of redemption may have land sold by, 2 G. 231. 
 
 when, cannot hold land against a subsequent mortgagee, 2 G. 280. 
 
 when surety regarded as a, holding debtor's property for benefit of credi- 
 tor, 3 G. 342. 
 
 when, of feme covert not allowed to redeem mortgage without paying a 
 subsequent debt, 5 G. 345. 
 
 when answer of, protects cesiuis que trust, 11 G. 552. 
 
 when equity will not entertain suit by, against purchasers of trust pro- 
 perty claiming adversely, 3 G. 357. 
 
 judgment for, enjoined and deed impeached for fraud, 5 G. 31. 
 
 in suit by, to protect rights of feme covert, she need not be a party, 5 G. 
 
 345. 
 sale by, not corrected for mistake in quantity of land, when, 7 G. 234. 
 suit by, to recover trust property is not barred by an injunction to his 
 
 selUng it, 10 G. 560. 
 in such case, if he can recover property he can also recover hires and 
 
 profits, 10 G. 560. 
 when, in deed of trust to secure creditors a purchaser for value without 
 
 notice, 13 G. 427 ; 15 G. 153 ; 19 G. 592. 
 what interest does not disqualify a, 14 G. 102. f 
 alone held necessary party defendant to this bill, ^ L. 5. 
 must be present at sale of trust property, 17 G. 289. 
 when substitution of, and sale made by, void, 19 G. 592. 
 guxre, whether if use is ended legal title is in, 19 G. 720. 
 duty of, as to how much property he should seU, 21 G. 334. 
 when circuit court of Eichmond may appoint, in place of those named in 
 
 deed, 24 G. 400. 
 to whom notice of application for the appointment must be given, 24 G. 
 
 when"court may appoint, in place of executor who was trustee under the 
 
 wiU, 25 G. 410. ^ ^ , „„ 
 
 when competent witness to prove what occurred when deed was made, 26 
 
 wiu'allowing executor to sell estate does not make him a, 26 G. 271. 
 what order appointing, in place of a former one, vaUd, 26 G. 891. 
 
 70 
 
554 TEU8TEE. 
 
 TRUSTEE, In Genebal, Continued. 
 court may remove unfaithful, and appoint another, 27 G. 388. 
 when, discharged without compensation, entitled to it, 27 G. 698. 
 when party inducing, to sell land for Confederate money liable, 27 G. 824 ; 
 
 see ib. 857. 
 duties of; powers of cestui que trust in this case, 30 G. 434. 
 case of an implied trust. When an incompetent witness, 31 G. 70. 
 in what class debt due by deceased trustee placed, 31 G. 114. 
 is barred by act of limitations from obtaining account from cestui que 
 
 trust, Wy. 38. 
 purchaser from, of property obtained by his grantor by fraud, gets good 
 
 title, 1 P. & H. 5. 
 person paying for land with money of another and taking deed in his own 
 
 name is a, 2 P. & H. 26. 
 title vests in, in a deed of trust Without his knowledge or assent, 2 P. & 
 
 H. 240. 
 what no bar to acceptance of trust ; acceptance relates back to date of deed, 
 
 2 P. & H. 240. 
 what unequivocal acts of acceptance of a trust, 2 P. & H. 240. 
 sale by, will not be set aside for inadequacy of price caused by the com- 
 plainant, 2 P. & H. 339. 
 purchaser of land under agreement to sell for another is a ; agreement may 
 
 be proved by parol, 2 P & H. 547. 
 purchaser gets legal title by deed of, but risks regularity and fairness of 
 
 the sale, 2 P. & H. 676. 
 when land sold, though trustee of it not a party to the suit, 28 G. 850. 
 whatnot sufficient evidence of notice tOj of an unrecorded lien, 32 G. 225. 
 insolvency does not disqualify a, but courts may require security, 32 G. 
 
 843. 
 should sell as a whole or in parcels, so as to get the best price, 32 G. 843. 
 when equity will control and direct, in exercise of discretion, 32 G. 843. 
 dower not given in land bought by husband at sale of, afterwards de- 
 clared void, 33 G. 83. 
 meaning of word, as used in Code 1873 ch. 126 §25, 33 G. 256. 
 paid for services before bondholders secured by the deed, when, 33 G. 617. 
 2. Liability of: 
 cannot plead statute of limitations, when, 1 W. 145; 1 C. 419; 4 M. 222. 
 how accounts should be made up, 1 W. 246. 
 
 retaining money for unreasonable time must pay interest, 3 C. 538. 
 what a breach of trust by, 1 Eob. 107. 
 liability of, for interest on trust fund. Commissions allowed, 4 H. & M. 
 
 415. 
 liabilities of co-trustees, Bule as to evidence of disbursements, 4 H. & M. 
 
 415; 6M. 99. 
 when personally liable for debts lost by neglect, must pay costs, 4 H. & 
 
 M.431. 
 when widow executrix, or her second husband, liable as, 4 M. 222. 
 
TRUSTEE. 555 
 
 TRUSTEE, Liability of, Continued. 
 charge by, for expenditures made before creation of trust not allowed 6 M 
 
 99. 
 when children of testator may file bill for account of proceeds of real es- 
 tate against representative of deceased, 5 R. 195. 
 when, collecting fund and paying half to co-trustee, liable for waste by 
 
 latter, 2 G. 273. 
 Sup. R. C. ch. 200 §1, as to limitation of actions against, construed, 1 G. 
 
 431. 
 when not liable for waste by co- trustee, 3 G. 109 ; 7 G. 476. 
 constructive, may protect himself by the statute of limitations, 3 G. 357. 
 must pay interest on rents and profits. Purchase by, in violation of trust 
 
 is void, 3 G. 494. 
 liable for costs, when, 4 G. 187 ; 6 G. 424. 
 
 error to make personal decree against, of a feme covert, when, 5 G. 345. 
 selling only such title as he has, is not liable to purchaser, 7 G. 234. 
 not liable for estimated rents of land, when, 7 G. 476. 
 both trustees liable in this cat.e for whole trust fund, 9 G. 665. 
 compromising as to trust subject liable for profits made thereby, 9 G.665. 
 compelled to turn over this estate, 11 G. 348. 
 with what credited in this caise, 14 G. 338. 
 
 liability of, who paid debts, the deed to him being void, 17 G. 289. 
 must be present at sale of trust property, 17 G. 289. 
 liability of, when deed allows him to select agents, 18 G. 387. 
 8(o<M« of trustees of a bank in liquidation, 19 G. 739. 
 liability of, selling for Confederate money, 21 G. 733 ; 27 G. 824, 857. 
 general rule as to Jiability of, 21 G. 194, 733. 
 what a payment by, in his own wrong, 21 G. 112. 
 
 when purchaser and, both liable for conversion of trust fund, 25 G. 246. 
 when liable for investing in Oonfederate bonds, 26 G, 298. 
 when bond of, appointed in place of former one, binds sureties, 26 G. 891. 
 commissioner receiving Confederate money for land sold in 1860 liable, 
 
 when, 27 G. 824. 
 when sale of land by, for Confederate money, void. Who liable, 27 G. 857. 
 who to bear loss of Confederate money paid to, 29 G. 229 ; 30 G. 434. 
 what change in investment a breach of trust, 29 G. 263; 30 G. 434. 
 who liatUe for breach of trust in this case, and how liable, 29 C. 263. 
 when court will not order re-settlement of accounts of, 29 G. 289. 
 old and new, both liable in this case, 29 G. 756. 
 neither statute of limitations nor lapse of time a bar to this suit, 29 G. 
 
 756. 
 when cliarged with war interest. How accounts settled, 30 G. 434. 
 when improper for trustee to sell an undimded interest for inadequate 
 
 price, 1 P. & H. 277. 
 party paying for lands with money of another and taking deed in his own 
 
 name is a trustee and liable for rents, &c., 2 P. & H. 26. 
 in such case, must account for value of land if he sells to a purchaser 
 without notice, 2, P. & H. 26. 
 
^56 TRUSTEE. 
 
 TRUSTEE, Liability of, Continued. 
 person acting as, wHliout authority is liable ; committing breach of trust, 
 
 liable at all events, 33 G. 256. 
 should keep trust funds separate from his own and apply or invest them 
 
 properly, 33 G. 463. 
 3. Powers op : 
 sales for paper money made by, under private act of assembly good, vfhen, 
 
 1 C. 524. 
 of certificate cannot use it to pay demands due himself, 1 C. 570. 
 liabilities and powers of co-trustees, 4 H, & M. 415 ; 6 M. 99. 
 trustees of incorporated college may sue by corporate name, 5 M. 324. 
 not authorized by this deed to invest in XT. S. stock, 6 M. 447. 
 right of cestuis que trust to maintain ejectment does not prevent, from so 
 
 doing, 2 R. 422. 
 cannot alien trust funds in payment of his own debts, 5 K. 195. 
 dannot pledge prospective profits for support of cestuis que trust, when, 4 
 
 L. 279. 
 sale by, irregular if due advertisement not made. Onus probandi is on 
 
 person insisting on sale, 5 L. 370. 
 trustee, not cestuis que trust, should sue for trust property, 8 L. 604. 
 had no power to sell in this case, 3 G. 494. 
 when, purchasing in violation of trust, may recover purchase money paid 
 
 by him, 3 G. 494. 
 cannot change trust fund except as authorized by the trust deed, 4 G. 482. 
 right of action in suit to recover trust property survives to surviving 
 
 trustee, 10 G. 560. 
 in such case, what action of court does not divest him of legal title though 
 
 beneficiary dies, 10 G. 560. 
 action of administra.tor of creditor at sale by defendant does not affect 
 
 right of, to recover, 10 G. 560. 
 equity will not interfere with discretion of, or compel him to exercise his 
 
 power, 11 G. 348. 
 cannot sell land before he gets legal title. Such sale set aside, 11 G. 492. 
 when, may permit husband and wife to take possession of slaves, 12 G. 425. 
 when surviving, may sue to recover trust property, 12 G. 425. 
 when purchase of land by, for creditors, athis own sale, void, 12 G. 372. 
 fact that trustee is a creditor only affects his power to act, 18 G. 387. 
 who is attorney for creditor, cannot make valid sale to himself, 19 G. 592. 
 sale by, before encumbrances are ascertained, improper, 19 G. 592.' 
 duty of, as to how much property he shovild sell, 21 G. 334 ; see 32 G, 843. 
 should sell according to the terms of the deed, 23 G. 266. 
 when may sell equity of redemption. When he may sell out of the State, 
 
 28 G. 657. 
 may sell without having prior liens ascertained, when, 29 G. 289. 
 quxre, can trustees submit priority of their lien to arbitration, 1 P. & H. 
 
 216. 
 sale by, set aside as irregular, 2 P. & H. 676. 
 powers given under this will, 33 G. 51. 
 
TERNPIKE. 557 
 
 TURNPIKE. 
 
 president and directors of Northwest Turnpike Soad are a corporation lia- 
 ble to be sued for work and labor done and materials farnished them, 6 
 6. 160. 
 
 statutes as to, over Price's mountain, construed, 9 Gr. 45. 
 
558 UNCHARTERED BANKING— UNLAWFUL 
 ENTRY AND DETAINER. 
 
 u. 
 
 UNCHARTERED BANKING, 
 when prosecution under 2 R. C. ch. 208 ?1, lies, 10 L. 700., 
 company may sue its cashier in equity, 4 L. 223. 
 UNITED STATES. 
 States are foreiga to each other in respect to municipal laws, 2 W. 282. 
 validity of patent for land granted in one State cannot be collaterally 
 
 drawn in question in courts of another State, 4 H. & M. 146. 
 citizen of one State cannot interfere with rights of election and represen- 
 tation of citizen of another State, 2 M. 393. 
 what necessary to support title to land sold by U. S. marshal for taxest 4 
 
 M. 431. 
 quxre, as to right of the U. S. to priority over individual creditor, 5 L. 408. 
 UNITED STATES COURTS ; see Court. 
 UNITED STATES CURRENCY. 
 
 there are two kinds of, 25 G. 965. 
 UNITED STATES OFFICERS. 
 
 act of Congress May 15, 1820, construed, 11 L. 180. 
 UNLAWFUL ASSEMBLY, 
 what must be, and need ,not be, proved in prosecution for allowing, of 
 
 slaves, 6 R. 669. 
 as to onus probandi showing consent of owners of slaves to their assem- 
 bling, 5 L. 718. 
 
 UNLAWFUL ENTRY AND DETAINER; see Ejectment; Forcible Entry 
 and Detainer. 
 
 if defendant in, dies pending an appeal by plaintiff cause cannot be re- 
 vived, 4 G. 86, 
 
 against two, what plaintiff may do if warrant served on one only, 6 G. 207. 
 
 canse not discontinued by failure of court to meet, but adjourned to next 
 term, 8 G. 58. 
 
 when plaintiff may prove defendant entered under a parol lease from him- 
 self, 8 6. 107. 
 
 joint tenant not competent witness to sustain right of possession by co- 
 tenant, 8 G. 107. 
 
 what caption of deposition sufficiently accurate to allow readiug, 8 G. 6. 
 
 when case may be removed to circuit court on motion, 11 G. 527, 587. 
 
 case removed to circuit court put at head of docket of civil causes, 11 G. 
 527. 
 
 when landlord selling land in tenant's possession is proper party to sue in 
 unlawful detainer, 11 G. ,527. 
 
 what jDlaintiff in unlawful detainer must prove in order to recover posses- 
 sion, 11 G. 587. 
 
 what defence vendee may set up in this action of, 23 G. 352, 
 
 unlawful detainer for church property. Title in this case, 24 G. 332. 
 
UNLAWFUL ENTKY AND DETAINER-USURY. 559 
 
 UNLAWFUL ENTRY AND DETAINEE, Continued. 
 
 may be brought for the possession of oyster beds, 25 Gr. 786. 
 
 may be maintained for lots covered with water, 27 G. 430. 
 
 when judgment in, set aside and another judgment entered, 28 G. 750. 
 
 when if verdict in, give plaintiff too much he may release a part, 28 G. 750- 
 USAGE ; see Custom. 
 
 when, explains words of a statute, 2 L. 617. 
 
 of banks in Va. in discounting notes not usurious, 5 L. 251 . 
 
 in opposition to common law, has no effect in this country, 7 L. 6,32. 
 
 what evidence of, as to meaning of terms in a letter inadmissible, 3 G. 250. 
 
 as to, of remitting money by mail a question for the jury, 3 G. 250. 
 USE. 
 
 qusere, whether in Va. trust having ended legal title is in trustee, 19 G. 
 
 . 720. 
 
 USE AND OCCUPATION. 
 
 when assumpsit for, of land lies at common law, 4 H. & M. 161. 
 
 when assumpsit for, of land lies on implied promise. 1 M. 407 ; 4 H. & M. 
 
 161. 
 when landlord by, disturbing tenant, lost benefit of contract and rent, 4 
 
 L. 484. 
 remaindermen cannot recover for, of land for life of owner of fee defeasi- 
 ble upon his death without issue, when, 33 G. 278. 
 USURY ; see Interest. 
 
 1. In Geneeal. 
 
 2. What is. ' 
 
 3. What is not. 
 1. In General : 
 
 never presumed, 1 W. 368. 
 
 if verdict fiuds facts amounting to, it is suflScient, 1 C. 62. 
 
 what necessary to constitute, 2 C. 110 ; 4 E.406. 
 
 when equity will grant just compensation though bond usurious at law, 4 
 
 C. 288. 
 in cases of, lender can recover principal without interest, 4 H. & M, 463. 
 defendant may plead, to sei. fa. to revive decree obtained by default, 4 H. 
 
 & M. 504. 
 proceedings of court on a bill to stay proceedings under a usurious deed 
 
 of trust. 2 M. 407 ; see 2 L. 626. 
 continuance refused though bill for discovery of, has been filed, 3 M. 170. 
 plea of, received in equity at any time before final decree, 4 M. 66. 
 case of bond with usuriousinterest taken for forbearance to sue on another 
 
 bond. What proper, 4 M. 243. 
 . debtor who vrith creditor gives usurious bond to innocent party has no 
 
 relief against latter. What relief against creditor, 6 M. 541. 
 what relief given when plaintiff does not call for discovery, but proves 
 
 his case by other evidence, 1 R. 172; 4 R. 415. 
 law of, applies to banks, subject to special provisions of their charters, 5 
 
 E. 132. 
 
560 USURY. 
 
 USURY, In General, Continued. 
 
 when facts are agreed or found Toy jury court decides whether there is, 5 
 E. 132. 
 
 when endorsement of note for usurious consideration does not affect bona 
 fide holder, 5 B. 333. 
 
 bill seeking relief on ground of, must put it directly in issue, 5 E. 543. 
 
 if a bill shows, on its face defendant need not prove plea of, 6 E. 661. 
 
 sale of slaves under usurious deed of trust not disturbed, 1 L. 147. 
 
 measure of relief on bill for money paid on .usurious contract, 1 L. 147. 
 
 rate of, in this case, 1 L. 453. 
 
 trustee restrained from selling until question of, decided, 1 L. 499 ; see 2 
 L. 626. 
 
 to what mortgagor entitled if usurious mortgage debt has been paid, 5 L. 
 478. 
 
 plaintiff asking relief on ground of, relieved on payment of principal and 
 interest, 8 L. 93. 
 
 in equity must be distinctly alleged and clearly proved, 8 L. 330. 
 
 relief given in this case, 1 1 L, 113. 
 
 usurious bond admitted as evidence of amount advanced, 11 L. 113. 
 
 relief given against judgment for usurious premium included ia bond, 1 
 G. 153. 
 
 if usurious security is given for a debt security is void but debt valid, 2 
 G. 372. 
 
 when equity will enjoin on ground of, 2 G. 325. 
 
 relief afforded if bond is for a valid debt and a usurious one, 3 G. 165. 
 
 when obligor may set up, against assignee of bond, 3 G. 165. 
 
 party pleading, must prove it. What will not put onus on plaintiff, 6 G. 
 287. 
 
 relief given party enjoining sale under usurious deed of trust, 8 G. 22. 
 
 when deed originally executed to secure usurious debt valid, 9 G. 8. 
 
 in suit between assignee and obligor, obligee not competent witness to 
 prove, 9 G. 294., 
 
 if answer deny allegations of, and there is no proof, bill dismissed, 9 G. 
 294. 
 
 act as to pleading, is applicable to replication to a plea of set-off, 10 G 221. 
 
 when sheriff cannot set up, on bonds of insolvent debtor which were re- 
 duced to judgment, 10 G. 221. 
 
 Maryland law as to, 17 G. 47. 
 
 who cannot set up usury in a bond ; when cannot be first set up in appel- 
 late court, 21 G. 334. 
 
 what proof necessary to convict of, 17 G. 21. 
 
 plea of, of a foreign State must state law of that State, 17 G. 47. 
 
 bill to enjoin sale on account of, may be filed after lender's death, 17 G. 21. 
 
 Code 1860 ch. 141 ?10 construed, 17 G, 21. 
 
 is purged by a bond of new parties, 18 G. 909. 
 
 is a question of law and fact. How appellate court will pass on, 17 G. 21. 
 
 what judgment proper under act 1874 ch. 122 ?5, as to, 30 G. 828. 
 
 meaning of " forbearance " in sense of statute as to, 23 G. 225. 
 
USURY. 561 
 
 USURY, In General, Continued: 
 act of 1873 as to defence of, by corporations construed, 25 G. 1. 
 if Virginia court administers Maryland defence of, it will be according to 
 
 Maryland statute, 25 6. 331. 
 when, in previous notes does not affect a new contract, 26 G. 698. 
 practice on bill to enjoin sale of land for, 26 G. 207. 
 when decree in case of, should follow statute in force at time of its entry, 
 
 31 G. 629. 
 usurious contract for forbearance between creditor and principal releases 
 
 sureties, 2 P. & H. 504. 
 executor not allowed for usurious debts of testator paid by him, 2 P. & H. 
 
 124. 
 what verdict on information for, should be, 2 T. C. 471. 
 
 2. What is: 
 
 what is, 1 C. 62 ; 2 M. 424. 
 
 when profits of mortgaged property exceed interest on money lent it is, 2 
 
 C. 421. 
 sum allawed creditor for services rendered considered, 6 M. 541. 
 if attorney takes bond with more than legal interest for forbearance to 
 
 collect client's debt, it is, 2 V. C. 471. 
 account held to be for compound interest and not allowed, 3 H. & II. 89. 
 deed of trust held void for, 4 H. & M. 223 ; but see 6 M. 433. 
 tacit understanding to lend money if borrower buy a horse is, 2 E. 109. 
 to constitute, there must be intent to take more than legal interest, 4 R. 
 
 406. 
 contract to lend money if debtor will buy bank stock at a high price Is, 5 
 
 E. 132. 
 endorsement of note at greater discount than legal interest is, 5 E. 333. 
 contract in these cases held a shift to evade statute, 1 L. 147 ; 12 L. 166. 
 contract to grant indulgence on payment of costs, &c., amounting to more 
 
 than legal interest is, 4 L. 581 . 
 sale of stock at exorbitant price vrith loan of money is, 7 L. 26. 
 loan and contract to receive a thing which may be worth more than six 
 
 per cent, is, 8 L. 330. 
 what sale of city bonds for Confederate money is, 20 G. 555, 601. 
 bond given for vdid debt and for stocks above their market value is 
 
 usurious, 3 G. 165. 
 when giving a second deed of trust for forbearance to sell under first is, 6 
 
 G. 387. 
 assignment of bond at large discount and giving deed to secure it is, 8 G. 
 
 22. 
 when contract to build a house usurious, 23 G. 225. 
 
 3. What is not: 
 
 what is not, 1 W. 1, 118 ; 4 C. 402 ; 6 C. 211 ; 6 M. 433 ; 8 L. 238. 
 
 taking bond for principal and interest of account bearing interest is not, 1 
 
 H. & M. 4. 
 bond may be sold for less than its nominal amount and sale enforced in 
 
 equity if there was no, 2 H. & M. 14. 
 
 71 
 
562 USURY. 
 
 USUEY, What is not, Continued. 
 bond conditioned to' pay £1 ,000 or such further sum as shall be equal to it 
 
 in 1774, &c., held not, 2 H. & M. 550. 
 fair purchase of bond at any discount is not, 2 M. 36. 
 sale of bank stock at a high price is not, 4 H. & M. 490 ; 6 M. 472. 
 sale of U. S, stock for cash, to be delivered at future day, not, 4 M. 303. 
 what evidence not sufficient to prove, 5 M. 187. 
 penalty in contract from which party may discharge himself not, 6 M. 
 
 433. 
 whether contract is usurious is to be decided by reference to time it was 
 
 made, 6 M. 433. 
 allowing merchant commissions if tobacco not shipped him not, 6 M. 433. 
 sale of notes made to be sold by broker not, unless purchaser knew of pur- 
 pose, Gil. 42. 
 mistake of scrivener will not charge a party with, 4 E. 406. 
 innocent purchase of accommodation paper from broker not, 5 E. 333. 
 contract held a sale of bank stock and not a device to hide, 3 L. 577. 
 agreement after execution of note to pay more than legal interest for delay 
 
 is not, 5 R. 543. 
 usage of banks in Va. in discounting notes not, 5 L. 251 ; 8 L. 238. 
 contract to pay commissions on failure to promptly pay debt not, 6 L. 517, 
 contract to take for loan of bank stock additional shares not, 7 L. 501. 
 contract to pay |900 for land to party who purchases it at $750 not, 9 L. 
 
 556. ' 
 
 discounting commercial paper and deducting interest in advance not, 2 G. 
 
 372. 
 what agreement as to discount of commercial paper not usurious, 2 G. 372. 
 what purchase of bonds at a discount not, 5 G. 357. 
 what payments of interest in advance not, 4 G. 55; 13 G. 511. 
 what a fair sale of stock and not usury, 17 G. 21. 
 what sale of note blank as to payee not, 18 G. 873 ; see 5 E. 333. 
 when debt consideration of which is Confederate money not usurious, 18 
 
 G. 708. 
 what purchase of note not, 20 G. 439. 
 
 bond and deed of trust held not usurious in this case, 21 G. 334. 
 what mode of charging dues, &c., by building association not, 22 G, 233. 
 contract to build a house hot usurious, when, 23 G. 225. 
 not proved in these cases, 23 G. 238 ; 1 P. & H. 46. 
 what not, but a Maryland contract governed by law of that State, 25 G. 
 
 331. 
 what a Texas contract not governed by Vii^inia law of, 29 G. 581. 
 commissions to counsel for negotiating securities not, 2 P. & H. 110. 
 
VARIANCE. 563 
 
 V. 
 
 VAEIANCE; see Evidence; Pleading. 
 
 when omission of obligor's residence in declaration is not a, 1 "W. 72. 
 
 omission in declaration to describe defendant as treasurer not a, 1 W. 199. 
 
 case of, not material particularly after verdict, 1 W. 204. 
 
 what is not, between proof and declaration, 1 W. 257, 357. 
 
 declaration may be amended by writ, though defendant cannot plead a, 2 
 W. 203. 
 
 there being no fraud, erasure on bond did not create a, 2 W. 218. 
 
 what is not a material, in suit against assignor of a bond, 1 C. 123. 
 
 unless declaration in suit on administration bond shows plaintiffs to be 
 justices it is fatal, 1 C. 345. 
 
 in debt for money and interest what is not a, 1 C. 567. 
 
 declaration need not be according to the letter of an award, 1 C. 575. 
 
 gnsere, if there be oyer but no profert whether defendant can demur for a, 
 I'C, 575. 
 
 if month in arbitration bond and declaration be blank, and verdict recite 
 month, it is not a, 3 C. 309. 
 
 what is a, in suit on sheriff's bond for taxes, 3 C. 378. 
 
 in ejectment defendant may show that plaintiff's patent was obtained con- 
 trary to law, 4C. 213. 
 
 if evidence varies from declaration a nonsuit will be given by court of 
 error, 4 C. 217. 
 
 after plea of payment defendant can object to, between declaration and 
 note, 4 C. 224. 
 
 when, between forthcoming bond and sheriff's return unimportant, 6 C. 1. 
 
 not regarded in suits for freedom ; decision according to rights of parties 
 and evidence, 1 H. A M. 134. 
 
 when judgment is by default and writ of enquiry executed a, between de- 
 claration and bond cannot be taken advantage of, 2 H. & M. 446. 
 
 what not material variances in a sci.fa., 3 11. & M. 237. 
 
 entering a judgment as at rules only is a clerical misprision and amenda- 
 ble, 1 M. 56. 
 
 forthcoming bond held variant irom fieri faeias, 1 M. 605. 
 
 when judgment on a forthcoming bond not reversed for, between it and 
 execution, 2 M. 266. 
 
 what not material, between bond offered in evidence and the declaration, 
 2 M. 510. 
 
 when defendant cannot plead, between amended declaration and writ, 3 
 M. 159. 
 
 if writ against four persons as heirs and declaration against three only, de- 
 fect not cured by verdict, 4 M 94. 
 
 if bond for prosecuting attachment omit interest named in attachment, 
 immaterial, 6 M. 585. 
 
 when defendant cannot object to, between covenant and declaration, 1 L. 
 491. 
 
564 ■ VAEiANCE. 
 
 VARIANCE, Continued. 
 when judgment is by default and writ is in assumpsit and declaration in 
 
 covenant, is fatal, 3 L. 270. 
 what fatal, between declaration in assumpsit and agreement offered in evi- 
 dence, 3 L. 250. 
 in action for malicious prosecution, as to day of plaintiff's acquittal not 
 
 material, 3 L. 561. 
 what not a, between declaration and proof of date of presentment of bill 
 
 of exchange, 3 L. 196. 
 between declaration and evidence in this case, 4 L. 61. 
 record in this case not variant from declaration, 4 L. 394. 
 between allegation as to date of act of Congress laid under scilicet and 
 
 proof immaterial, 5 Ii. 471. 
 though written promise to pay debt of another does not contain considerar 
 
 tain alleged in declaration it is no, 6 L. 85. 
 declaration on bond dated 1811, bond shown dated 1810, is fatal, 6 L. 316. 
 in action of tort founded on contract, from contract alleged fatal, 7 L. 660. 
 what no, between execution and recital thereof in a forthcoming bond, 
 
 9 L. 308. 
 when in assumpsit if writ lays damages at $500 and declaration at $600, 
 
 immaterial, 2 G. 354. 
 writ states christian name in initials, declaration in full ; there is no, 2 G. 
 
 354. ' 
 
 in suit by partners, as to initial letter of one partner's name immaterial, 
 
 2 G. 354. 
 what no, between bond and declaration, 1 G. 274. 
 how, between presentment and information in misdemeanor availed of, 2 
 
 G. 355. 
 when for, between presentment and information judgment not arrested, 2 
 
 G. 355. 
 to demur for, between declaration and bond, defendant must crave oyer of 
 
 bond, 4 G. 84. 
 what no, between declaration and bond in suit on an indemnifying bond, 
 
 5 G. 135. 
 what no, as to costs between declaration and record, 9 G. 37. 
 what no, in scire facias to revive judgment, 11 G. 190. 
 what not a material, between declaration and proof in assumpsit, 22 G. 302. 
 what not a, between a recognizance and sci.fa., 24 G. 31. 
 describing a judgment against " B. jr." as a judgment against " B." is not 
 
 a, 24 G.I 38. 
 what not a material, between notice and bond produced, 24 G. 325. 
 what, cured by amendment under Code 1860 ch. 177 ?7, 24 G. 325. 
 what a material, between indictment for forgery and proof ; what not, 27 
 
 G. 934. 
 what a, between evidence and indictment for stealing a slave, 1 V. C. 14. 
 what immaterial, in indictment for transferring forged paper, 1 V. C. 109. 
 what a material, in prosecution for perjury, 2 V. C. 323. 
 what not a, in prosecution for forgery, 6 E. 685. 
 
 what not a material, in prosecution for retailing liquor without license, 5 
 L. 724. 
 
VENDOR AND VENDEE. 565 
 
 VENDOR AND VENDEE ; see Deed; Deficimcy ; Equity; Land; Uen ; 
 Notice ; Possession ; Purchaser ; Sale ; Specific Performance ; Statute of 
 Frauds. 
 
 1. In General. 
 
 2. Liability of Vendor. 
 
 3. Liability of Vendee. 
 
 4. Vendoe's Lien. 
 1. In General : 
 
 tenant in common paying more than his half of purchase money has lien 
 
 for such excess, 2 R. 428. 
 when error to decree sale for purchase money of land bought at judicial 
 
 sale, 2 P. & H. 483. 
 title of vendee without notice of prior equitable lien, supported, 5 C. 5.S7. 
 when State sells land of public debtor an evicted pui-chaser has no re- 
 course against it, 4 R. 482. 
 vendors must acknowledge deed that it may be recorded, 1 L. 80. 
 when vendee relieved against payment of purchase money because of 
 
 defect in title, 8 L. 658. 
 contract held a sale in gross, not by the acre, 10 L. 37. 
 when making deed not a condition precedent to right to demand purchase 
 
 money, 11 L. 559. 
 case of sale of land and personalty to several purchasers, 11 L. 559. 
 purchaser o'f equity of redemption paying incumbrances, may have land 
 
 sold to perfect title, 2 G. 231. 
 vendee allowed for deficiency in land, when, 1 G. 14 ; 26 G. 442, 721. 
 when sale set aside for mutual mistake as to vendor's title, 3 G. 184. 
 how rents and profits, allowance for improvements, &c., decreed in such 
 
 case, 3 G. 184. 
 what a contract of hazard, and not a subject of compensation for excess or 
 
 deficiency in land, 3 G. 305. 
 under what contract for land in gross vendee not entitled to all of it, 3 G. 
 
 305. 
 registry of deed conveying by general description not notice to subsequent 
 
 purchaser ; when actual notice of such deed afiects him, 3 G. 494. 
 of what trusts purchaser taking conveyance from trustees has notice, 3 G. 
 
 494. 
 what not a contract of hazard. When vendee may enjoin collection of 
 
 purchase money, 4 6. 68. 
 when purchaser under decree not relievedfor errors in it, 5 G. 60. 
 lands charged with annuity sold by court without noticing pendente lite 
 
 purchaser, 5 G. 259. 
 when vendee cannot set off incumbrance on land against his bond for pur- 
 chase money, 5 G. 432. 
 vendee not allowed abatement from purchase money, 6 G. 93, 
 deed signed by vendor but not delivered, is a sufScient memorandum 
 
 under the statute of frauds, 6 G. 78. 
 specific performance refused and purchase money repaid vendee, 6 G. 78. 
 
566 VENDOR AND VENDEE. 
 
 VENDOR AND "VENDEE, In GeneEAL, Continued. 
 
 vendee buying without warranty, not allowed for mistake, or deficiency 
 in land, 7 G. 234. 
 
 when vendee may enjoin vendor from collecting bonds assigned to pay 
 purchase money, title being defective, 7 Gr. 399. 
 
 proceedings of court in such case ; what compensation allowed vendee, 7 
 G. 399. 
 
 when vendee must take land if defect in title corrected, 8 G. 46. 
 
 when vendee from executor not bound to see to application of purchase 
 money, 8 G. 134. 
 
 rights of parties if contract rescinded after bond for purchase money as- 
 signed, 9 G. 54. 
 
 purchaser of land by the acre not relieved for mistake in boundaries, 
 when, 9 G. 277. 
 
 injunction to judgment dissolved if vendor removes encumbrance and 
 procures title, when, 9 G. 336; 10 G. 138, 211. 
 
 when deed relates back to decree directing it, though made after sale in 
 another suit, 9 G. 336. 
 
 when vendee enjoining judgment for defect of title, allowed costs, when 
 not, 9 G. 336. 
 
 when vendee enjoining judgment by assignee of bond for purchase money, 
 can set up offsets which he held against vendor prior to assignment of 
 the bond, 9 G. 409. 
 
 what unconditional sale by conditional vendee valid. Time allowed to get 
 title, 10 G. 138. 
 
 deed of land to two vendees vests title in them equally, unless contrary 
 shown, 11 G. 327. 
 
 in such case parol evidence inadmissibleto prove contract for unequal own- 
 ership, and partition decreed, 11 G. 327. 
 
 what ground for rescission of whole contract for sale of land, but not of 
 part only, 11 G. 468. 
 
 when vendee may object to title and refuse to take possession after de- 
 cree. What a waiver of objections to title, 22 G. 82. 
 
 when vendee becomes the owner of property purchased, 22 G. 82. 
 
 written contract between, may be rescinded by a parol agreement which 
 is carried out, 22 G. 573. 
 
 contract for sale of land for Confederate money enforced, 22 G. 769, 888. 
 
 when vendee cannot rely upon supposed title of commonwealth in deroga- 
 tion of vendor's title, 23 G. 251. 
 
 action to recover land should be by vendeie, when, 23 G. 352. 
 
 when vendee of land sold under a will entitled to deed for it, 24 G. 97. 
 
 when vendor cannot prove declarations as to terms of sale diffei:ent from 
 those announced, 24 G. 116. 
 
 sale by executor for Confederate money held valid, 24 G. 225. 
 
 among purchasers in equity the prior in time is entitled, 24 G. 454. 
 
 when equity will rescind contract between, 25 6. 181. 
 
 contract for exchange of land enforced, 25 G. 278. 
 
 how vendee allowed for deficiency in laud, 25 G. 314 ; 26 G. 442. 
 
VENDOR AND VENDEE. 567 
 
 VENDOR AND VENDEE, In Genekal, Continued. 
 who bound under this contract for sale of land ; who not, 25 G. 427. 
 how rents, &c., ascertained when spesific performance enforced at suit of 
 
 vendee, 26 G. 36. 
 when deed must be with general warranty ; when with special warranty, 
 
 26 G. 442. 
 effect of words '"more or less" in a conveyance of land, 26 G. 721. 
 when verbal agreement for sale of land good against creditors, 26 G. 737 ; 
 
 28 G. 401. 
 when vendee affected by defect of ven.dor's title ; when allowed for im- 
 provements, 27 G. 511. 
 registry acts do not apply to parol contract for sale of land, 28 G. 401; see 
 
 4 G. 407. 
 vendee in possession under a parol agreement held to have full equitable 
 
 title, 28 G. 678. 
 parol contract for sale of land in consideration of future support enforced, 
 
 28 G. 737. 
 decree in this suit for specific performance, 30 G. 105. 
 vendee taking land for a debt due him by vendor is a purchaser for value, 
 
 30 G. 292. 
 when vendee must elect to give up land or take such title as vendor can 
 
 give, 31 G. 43. 
 when fact that vendee witnessed a deed does not affect him with notice of 
 
 it, 31 G. 149. 
 what necessary to affect purchaser for value with notice of unrecorded 
 
 deed, 31 G. 149. 
 land purchased under unrecorded written agreement liable to subsequent 
 
 judgment against vendor, 31 G. 304. 
 land purchased under unrecorded parol agreement not so liable, 31 G. 304. 
 if vendee at judicial sale pays purchase money, creditors have no lien on 
 
 the land, 29 G. 99. 
 when specific performance of contract for sale of land enforced, 31 G. 379. 
 when, if specific performance refused, accounts of purchase money, &c., di- 
 rected, 31 G. 379. 
 deed held to vest a fee in minerals in land, and subsequent deeds of the 
 
 land to convey no interest in minerals, 32 G. 65. 
 contract for sale of land made by agents not authorized in writing; en- 
 forced, 32 G. 645.' 
 widow paying purchase money and taxes on land entitled to them against 
 
 husband's creditors, when, 32 G. 752. 
 Code 1873 eh. 114 §5 avoiding deeds, refers to "subsequent purchasers " of 
 
 same subject, not to purchasers of different tracts from same vendor, 33 
 
 G. 497. 
 what alienations of land considered as of same day and subject i>ro rata to 
 
 judgment, 33 G. 497 ; see 28 G. 815. 
 
 2. Liability of Vendoe: 
 when vendor bound for deficiency in land, 2 H. & M. 164. 
 when vendor bound by statement made at sale, 1 E. 65. 
 
568 VENDOR AND VENDEE. 
 
 VENDOR AND VENDEE, Liability of Vendor, Continued. 
 
 conveyance without specifying quantity does not bind vendor to warrant 
 a certain numlser of acres, 2 R. 51. 
 
 vendor not bound for defects in title, unless by covenant, or by fraud or 
 concealmentj 4 E. 482. 
 
 trustee selling only such title as he has, not liable to purchaser, 7 G-. 234. 
 
 vendor not in fault for failing to convey in this case ; error to decree re- 
 scission of the contract, 10 G. 246. 
 
 vendor not liable to vendee for damages to property by change of a street, 
 
 10 G. 575. 
 
 when case for fraud in sale of slave does not lie against personal repre- 
 sentative of vendor, 11 G. 202. 
 
 undertaking by vendor to " make a good deed" includes a good title, 22 
 G. 82. 
 
 when vendor not given time to perfect title. When specific performance 
 decreed, 22 G. 82. 
 
 vendor selling land by verbal contract and putting vendee in possession, 
 has no interest in it subject to attachment, 28 G. 418. 
 
 how damages for failure of vendor to keep covenant ascertained, 30 G. 105. 
 
 what not included in covenant against incumbrances, 31 G. 1, 
 
 contract that vendor shall convey a clear title, entitles vendee to deed with 
 general warranty and free from incumbrances, 3 1 G. 442. 
 
 effect of misstating interest conveyed. Relief granted, 32 G. 48. 
 
 effect of false representation of material fact by vendor. Contract re- 
 scinded, 32 G. 293. 
 3. Liability of Vendee : 
 
 when vendee in possession must pay interest on purchase money, 3 L. 619 ; 
 1 G. 298. 
 
 compensation granted vendor for fraudulent concealment by vendee, 7 
 G. 52. 
 
 judgment against vendee on bonds for purchase money enjoined, 10 G. 211. 
 
 when vendee declining to rescind contract must pay whole purchase 
 money, 11 G. 468. 
 
 when specific performance decreed without directing vendor to convey, 
 
 11 G. 468. 
 
 when vendee estopped from setting up written contract of sale, 22 G. 573. 
 when vendee paying purchase money in Confederate money liable, 22 G. 
 
 614 ; 27 G. 270. 
 when bonds given by vendee for interest will bearinterest, 23 G. 266. 
 jury should determine in what currency bonds for purchase money were 
 
 to be paid, when, 24 G. 116. 
 when vendee at judicial sale paying Confederate money not liable, 24 G. 
 
 347. 
 when parol testimony admissible to show purchase money was not to be 
 
 paid in Confederate money, 24 G. 484. 
 what vendee of land bound to know. When not entitled, to defence of 
 
 purchaser without notice, 30 G. 708. 
 how vendee of land protected in this case, 31 G. 1. 
 
VENDOR AND VENDEE. 569 
 
 VENDOR AND VENDEE, Liability of Vendee, Continued. 
 •when vendee of estate in London liable for damages caused third person 
 
 by his purchase ; when not, Wy. 144. 
 4. Vendor's Lien : 
 mortgage taljen by vendor supersedes lien for purchase money, 2 L. 353. 
 implied, gives vendor no claim to profits, 2 L. 353. 
 vendor Jxas no lien for purchase money of personal property, 8 L. 510. 
 agreement to pay vendor's debts and support him does not create, 8 L 
 
 522. 
 person entitled to assignment of title bond vifho transferred his right has 
 
 no lien for purchase money, 1 Eob. 161. 
 ptrsons selling interest in land which administrator is directed to sell, 
 
 have no lien for purchase money, 2 G. 348. 
 case of lien on property purchased stipulated to be the only security for the 
 
 purchase money, 5 M. 507. 
 vendor of land retaining title has lien for purchase money, 8 G. 148 ; 9 
 
 G. 252. 
 what agreement between vendor's executor and purchaser no release of, 9 
 
 G. 252. 
 when assignees of bonds for purchase money of part of a tract of land, 
 
 have no lien on other part, 9 G. 409. 
 when does not attach, 13 G. 615. 
 when vendor with equitable title has lien on land in hands of vendee 
 
 having legal title, 22 G. 146. 
 lien reserved in deed by joint tenants is only on their interest conveyed, 
 
 22 G. 443. 
 on several tracts of land in hands of different vendees, 22 G. 323. 
 lieu of assignee of bond for purchase money of land is superior to that of 
 
 assignor, 25 G. 448. 
 as to priority of liens of assignees of bonds for purchase money of land, 
 
 v25 G. 448. . 
 lien of assigned bonds for purchase money and of vendor, in this case, 30 
 
 G. 632. 
 is same in equity against vendee's assignee as against vendee, 1 W. 38. 
 vendor of land who has not conveyed or taken security has lien, 2 W. 141. 
 neither staleness of demand nor statute of limitations a bar to, when, 2 
 
 G.88. 
 deed of trust preferred to, when, 2 G. 497. 
 
 vendee compromising decree against him only entitled to credit for amount 
 ' actually paid, when, 3 G. 179. 
 not affeeted by lapse of time short of that sufScient to raise presumption 
 
 of payment, 3 G. 232 ; 33 G. 186. 
 vendor does not lose, by taking aa order for the purchase money, when ; 
 
 can enforce lien at once, 3 G. 253. 
 when land liable to, in hands of vendee's purchaser, 4 G. 125. 
 purchaser from vendee must account to him for purchase money less amount 
 
 due original vendor, 6 G. 147. 
 not waived by sale of leased land, vendor to receive rents as part of pur- 
 chase money, 6 G. 44. 
 
 72 
 
570 VENDOR AND VENDEE— VENUE. 
 
 VENDOE AND VENDEE, Vendor's Lien, Continued. 
 
 enforced against second vendee. What decree should provide, 6 G-. 44. 
 
 land last sold by vendee first applied to satisfy, 6 G. 90. 
 
 when vendee's purchaser allovred to take possession, and land not bound 
 ,for, 9 G. 27. 
 
 rights of parties when fraudulent suit brought to enforce, 9 G. 336. 
 
 ■when part of tract liable for its proportion of purchase money, -22 Gr. 323. 
 
 judgment creditors of vendee may subject land subject to, 27 G. 922. 
 
 heirs of vendee should be parties to suit by vendor's administrator to sub- 
 ject laud to, 26 G. 127. 
 
 is prior to judgments though contract not recorded, 28 G-. 716. 
 
 when good against purchaser without notice, when not, 4 H. & M. 113. 
 
 vendor of slave must prove he retained lien for purchase money, 3 M. 99. 
 
 when land is discharged from, 5 M. 297. 
 
 what a waiver of, Gil. 329. 
 
 vendor retaining title does not lose, by taking personal security for pur- 
 chase money, 1 E. 53. 
 
 not released ; cancellation or surrender of bond does not release, when, 33 
 G. 186. 
 VENIRE DE NOVO. 
 
 awarded if verdict is too uncertain to enter proper judgment on, 3 C. 424. 
 
 when there are two issues and verdict answers one only Jhere should be a, 
 2H. &M.268. 
 
 when, not granted on afiSdavit of a witness that verdict did not find facts 
 properly, 2 H. & M. 318. 
 
 some diifereuces between a, and a new trial, 2 H. & M. 318. 
 
 awarded in ejectment if verdict does not show boundaries of land vrith 
 sufficient precision, 1 M. 162. 
 
 awarded if special verdict so uncertain that court cannot enter judgment 
 thereon, 4 L. 37. 
 VENIRE FACIAS. 
 
 when should be to try each one of several jointly indicted, 3 G. 566. 
 
 when sergeant of corporation should execute, 6 Gr. 696. 
 
 quiBre, whether setting aside person on, in this case ground for exception, 
 8 G. 606. 
 
 when jury may be summoned outside of a county vnthout a, for one in 
 the county, 10 G. 658. 
 
 how jury summoned when, exhausted, 10 G. 658. 
 
 Code 1860 ch. 208 §5 and ch. 205 §14, as to, only directory. Prisoner can- 
 not object because acts not complied, with, 16 G. 530. 
 
 what language in, in case of felony not error, 33 G. 766, 807. 
 
 when directing same persons summoned on first, to be summoned on 
 second, not error, 33 G. 845. 
 VENUE. 
 
 what sufficient grounds for change of, in a murder case. What not, 10 G. 
 658. 
 • changed in cases of misdemeanor, 1 V. 0. 125, 137. 
 
VENUE— VERDICT. 571 
 
 VENUE, Continued. 
 
 when, may not be changed in circuit courts, 2 V. C. 68, 69. 
 
 when order changing, should be set aside and cause tried, 2 V. C. 131. 
 
 act as to change of, does not require judge to certify copy of record of ex- 
 amining court, 2 V. C. 163, 
 
 what plea bad, "When array cannot be challenged. Where prisoner ar- 
 raigned, 2 V. C. 162. 
 
 what surplu-sage in orcter for change of, 4 L. 669. 
 
 when superior courts of chancery may have, of trial changed, 4 H. & M. 
 246. 
 
 in assumpsit laying, in different county and not stating cause of action 
 within jurisdiction of court, not sufiScient to arrest judgment, 5 M. 27. 
 
 what necessary to support motion for a change of, 2 V, C. 88; 8 L. 364. 
 
 when not error to lay, in one county and sue in another, 6 E. 101. 
 
 if it is improper for circuit judge to try case he may remove it to another 
 circuit, 8 L. 364. 
 
 verdict not set aside for refusal of lower court to change, when, 33 G. 880. 
 VEEDICT; see Jeofails; New Trial. 
 
 1. In General. 
 
 2. Special. 
 
 3. In Ckiminal Cases. 
 1. In General : , 
 
 when jury may find for aggregate of principal and interest, 1 W. 6. 
 
 defendant cannot appeal if error in, is for his benefit, 1 "W. 6. 
 
 in detinue, finding only part of issue is erroneous, 1 W. 76. 
 
 found under a mistake of the jurors set aside, 1 W. 79. 
 
 uncertain and contradictory set aside, 1 W. 282. 
 
 evidence should not be received after, 1 W. 340. * 
 
 omission of simiKier cured by, 1 W. 363. 
 
 when, in assumpsit good though defective in form, 1 W. 372. 
 
 mistake corrected in a, 1 W. 381. 
 
 if unrighteous equity will set it aside in toto, 2 W. 80. 
 
 does not^ure failure to aver promise to pay in declaration in assumpsit, 2 
 W. 187. 
 
 cures omission to lay damages in declaration, if laid in writ, 2 W. 203. 
 
 in ejectment judgment should pursue, 2 W. 276. 
 
 what should find on a plea of fully administered, 2 W. 301. 
 
 nothing will be presumed after, except what must have necessarily been 
 proved, 1 C. 83. 
 
 when judgment will be against plaintiff whether certain evidence was ad- 
 missible or not, 1 C. 232. 
 
 parties may agree for jury to render privy, to clerk or deputy, 1 C. 246. 
 
 how and when court may extend, in ejectment, 1 C. 246. 
 
 what defects in declaration are and are not cured after, 1 C. 250. 
 
 if found on an immaterial issue a repleader will be directed, 1 C. 257. 
 
 omission to set forth boundaries of land in a writ of right is not cured by, 
 1 C. 484. 
 
 when omission to state failure to pay interest is cured by, 1 C. 567. 
 
572 VERDICT. 
 
 VERDICT, In Geneeal, Continued. 
 
 on declaration in detinne for several slaves, should find separate values, 2 
 C. 313. 
 
 after three verdicts to same effect chancellor did right to decree accord- 
 ingly. 2 C. 369. 
 
 if writ be for more than £300, verdict for less, Court of Appeals has not 
 jurisdiction, 2 C. 497. 
 
 court cannot be asked to instruct jury to find for defendant, though plain- 
 tiff not entitled to recover, 2 C. 514. 
 
 amendment allowed to plea after, if it was filed ignorantly and inadver- 
 tently, 2 C. 527. 
 
 if two issues and jury sworn to try issue, verdict responsive to both issues 
 cures error, 3 C. ] 9 ; 7 L. 68. 
 
 new trial will be granted if, too uncertain to enter a proper judgment on, 
 3 C. 424, 
 
 if, does not find title or possession in grantor, he can convey neither, 3 C. 
 475. 
 
 what, of jury should be when statute of limitations is pleaded, 4 0. 217. 
 
 when declaration charging tort with an assumpsit upon it, good after, 4 C. 
 451. 
 
 case of uncertain, set aside, 4 C. 522. 
 
 though county court gave no j udgment-on, district court »nd Court of Ap- 
 peals aflirmed it with damages, 4 C. 5f^0. 
 
 district court entering, wrongly and giving judgment cajmot correct latter 
 at a subsequent term, 6 C. 12. 
 
 an unconditional, on a demurrer to evidence not error, if court afterwards 
 determines demurrer, 1 H. & M. 54. 
 
 in detinue, may exceed price of slaves laid in the declaration, 1 H. & M. 54. 
 
 plea of " not guilty " to an action of covenant, cured by, 1 H. & M. 153. 
 
 when in action of detinne a, for plaintiff is responsive to two issues joined, 
 1 H. & M. 374. 
 
 judgment on writ of right if substantially right not disturbed, 3 H. & M. 
 309. 
 
 on plea of " fully administered " defective. What it should set forth, 3 
 M. 65; 6 E. 106. 
 
 error of name of slave in, corrected by declaration, 4 M. 145. 
 
 what, responsive to plea of " non delinet " and act of limitations, 4 M. 145. 
 
 what, on plea of "no assets" defective, 4 M. 466. 
 
 when, is set aside as to one issue it must be set aside in toto, 6 R. 106. 
 
 what, for debt and interest sufBcient, 4 L. 114. 
 
 need not respond to immaterial issue, 6 L. 600. 
 
 not set aside as contrary to evidence unless plainly wrong, 7 L. 119, 31?. 
 for defendant without plea to set aside office judgment, is invalid, 9 L. 423. 
 when function of jury exhausted on trial of scire facias against bail, 2 G-. 
 
 193. 
 in assumpsit jury may give interest from day previous to date of account, 
 2 G. 354. 
 
VERDICT. 573 
 
 VERDICT, In General, Continued. 
 
 ■what, in action of waste sufficient. What a general, in action of waste 5 
 G. 499. 
 
 what, in ejectment submitting question of construction of wills to court 
 sufficiently certaiu, 11 G. 78. 
 
 in ejectment though declaration claim whole land, may find for an undi- 
 vided interest in it, 11 G. 78. 
 
 for what d.images, should be in joint action of trespass against defendants 
 ■who plead jointly and are found guilty, 5 G. 90. 
 
 not set aside to enable defendant to waive plea, confess judgment or go 
 into equity, 6 G. 287. 
 
 when judgment given non obstante veredicto, 11 G. 202. 
 
 against garnishee set aside as not responsive to his answer, 12 G. 655. 
 
 cannot be rendered to clerk by consent in absence of judge, 14 G. 447. 
 
 examination of the jury to see if they understand, 14 G. 447. 
 
 not defective because it states more facts than necessary, 14 G. 287. 
 
 in ejectment set aside for vagueness and uncertainty, 14 G. 526. 
 
 when court may set, aside or make plaintiff reduce it, 17 G. 427. 
 
 when, not set aside on ground of after discovered evidence, 27 G. 313. 
 
 when court may receive statement from jury as to their, 17 G. 427. 
 
 how and by whom, on issue out of chancery, may beset aside, 25 G. 473. 
 
 how party objecting to order setting aside, should proceed, 25 G. 473. 
 
 when, on issue out of chancery not disturbed, 31 G. 323. 
 
 when too late to object that same jury tried case and fixed value of land 
 rents, profits and improvements, 33 G. 278. 
 
 if on two trials is for defendant and it was error to set aside the first, ap- 
 pellate court -will not consider proceedings on the second trial, 33 G. 342. 
 2. Special : 
 
 what sufiScient finding to give title in a, 1 W. 34; 
 
 what not uncertain or defective, 1 W. 331, , 
 
 if, find facts amounting to usury it Is sufficient, 1 C. 62. 
 
 on a -writ of right jury may find a, 1 C. 429. 
 
 finding a feoffment, should also state that there was livery of seisin, 3 C. 
 367. ^ 
 
 new trial awarded if, in detinue fail to show title in plaintiff, 1 H. & M. 
 213. 
 
 jury should find facts explicitlv and not the evidence in a, 1 H. & M. 235. 
 
 what a sufficient finding that two defendants were guilty of same assault 
 and battery, 2 H. &M. 355. 
 
 no materi-l fact not found by, expressly or by implication can be sup- 
 plied, 2 :•!. 283. 
 
 what, too r.vcertain and insufficient to enter judgment on, 4 M, 61. 
 - need not :.tA fraud expressly ; if facts amounting to fraud be found it is 
 enough, ?, M. 1. 
 
 what suffi : lit finding in a, of facts established by proceedings in suit, 4 
 M. 382. 
 
 when it is not error for court to tefuse to instruct jury to render, 6 M.227. 
 
 for what defects in this case, set aside, 6 M. 277. 
 
574 VERDICT— VIKGINIA. 
 
 VERDICT, Special, Continued. 
 leaves no room for presumption, 3 E. 563. 
 may find generally for either party dependent on a point of law presented 
 
 to the court, 4 E. 134. 
 must contain facts, not evidence of facts, 4 E. 504. 
 
 "when on a, there should be a venire de novo ; when judgment for defen- 
 dant, 4 L. 37. 
 when clerk's certificate on deed found in, fixes date of record of deed, 10 
 
 L. 172. 
 what, should be in writ of right between coparceners and joint tenants 
 
 when defence is statute of limitations, 4 G. 16. 
 what presumption as to disseisin or ouster is for consideration of jury, 4 
 
 G. 16. 
 when facts cannot be inferred by court on a, 18 G. 830. 
 3. In Ceiminal Cases : 
 when, is perfected. What, a nullity, 2 V. C. 70. 
 what omissions in indictment cured by, 2 V. C. 94. 
 what a sufficient, in indictment for obstructing a road, 2 V. C. 171. 
 in murder case erroneous, not determining degree of murder, 2 V. C. 211. 
 if silent as to some counts, judgment of acq^uittal should be entered as to 
 
 them, 2 V. C. 235. 
 when, on circumstantial evidence should not be set aside, 2 V. C. 235. 
 for " twelme months" the law fixing " one year J'' is good, 2 V. C. 275. 
 set aside for uncertainty, 2 V. C. 327. 
 which abbreviates christian name not erroneous, 6 E. 667. 
 of peiit larceny, on indictment for grand larceny, when good, 6 E. 667. 
 set aside on account of erroneous charge as to term of imprisonment, 2 L. 
 
 727. 
 rule when some counts good and others bad and a general verdict of 
 
 " guilty " is found, 11 L. 643. 
 bare possibility of tampering vnth jury no ground for setting aside, 2 V. 
 
 C. 479. 
 verdict fixing prisoner's term at less than law allows is erroneous, 2 G. 558. 
 if one count in indictment bad other good counts will not support, 3 G. 
 
 when, should assess fine for selling without a license, 5 G. 697. 
 in arson, sufficiently certain, 7 G. 619. 
 what not misbehavior in jury for which, set aside, 8 G. 637. 
 on second- count held too uncertain to authorize judgment, 13 G. 750. 
 jury may amend, any time before they are dischaiged, 19 G. 813. 
 when not set aside, on ground that jurors were incompetent, 32 G. 899. 
 too late to object after, that j uror had not; paid capitation tax, 33 G. 766, 
 person present but taking no part in killing, held not guilty of any of- 
 fence, though jury found him guilty of murder, 33 G. 834. 
 not set aside for refusal of lower court to change vemue, when, 33 G. 880. 
 VIE6INIA. 
 for what debts present State of, liable, 25 G. 627. 
 State of, may be sued for claim whether liquidated or not, 25 G. 627. 
 
VISITATION OF CLERGY— VOUCHERS. 575 
 
 VISITATION OF CLEEGY. 
 
 in whom, J. 99. 
 VOLUNTEER. 
 
 in payment of debts or liens not entitled to subrogation, 3 P. & H. 11. 
 VOUCHEES, 
 for every item not necessary in settling accounts of firm, as between part- 
 ners, 2 H. & M. 544; 4 H. & M. 363. 
 commissioners having reported that, were produced, burden of proof is on 
 
 party attacking the account, 4 E. & M. 57. 
 when, for items in commissioner's account maiy be called for, 4 H. & M. 
 
 450. 
 in support of administration account, presumed to have existed. When 
 
 must be produced, 3 M. 288 ; 11 L. 498. 
 when unreasonable to exact, for administration account, 1 M. 150. 
 
576 . WAGES— WARKANT. 
 
 w. 
 
 WAGES, 
 mariner who quite ship on her capture not entitled to, 3 C. 228. 
 
 WAIVER. 
 
 what is, of production of original bond, 1 W. 252. 
 
 appearance is not a, of notice of application for a commission to take de- 
 positions, 1 C. 405. 
 
 member of assembly majr waive his privilege and let case be tried, 4 C. 38. 
 
 appearance waives defect in form of notice, 4 C. 357. 
 
 what is a, of objections to affidavite as evidence, 1 H. & M. 92. 
 
 what a waiver of replication to answers, award of commissions and of 
 tak'ing depositions anew, 6 L, 167. 
 
 what in appellate court a, of objection to decree, 7 L. 412. 
 
 of necessity of making party to a bill in equity, 7 L. 720. 
 
 what is a, of defendant's motion for a new trial, 8 L. 479. 
 
 what is a, of objection to order of court rejecting pleas, 9 L. 347. 
 
 what is a, of a demurrer to declaration, 9 G. 89. 
 
 what not a, of the conversion of slaves, 12 Gr. 153. 
 
 what waives all defects in process or service thereof, 16 G. 410. 
 
 when defendant held in appellate court to have waived objection, 26 G. 
 403. 
 
 what a waiver of dismissal of suit, 22 G. 414. 
 
 what a waiver of notice of protest by endorser of note, 33 G. 160. 
 
 what not a, of action against sheriff for surrendering property levied on, 
 33 G. 361. 
 
 party waiving filing of information cannot complain in appellate court, 33 
 G. 443. 
 WAE. 
 
 proclamation of Government only evidence of establishment of peace and 
 end of, 4 C. 379. 
 
 what devise during late war, of party withia Confederate lines, valid, 18 G. 
 624. 
 
 to whom international law applied in the late war, 19 G. 393. 
 
 effect of, upon endorsement of a bill or check. Effect of President's pro- 
 clamation, 19 G. 393. 
 
 effect of late war on policies of insurance, parties being om opposite sides of 
 the line, 20 G. 614. 
 
 WAEEANT. 
 
 summoning magistrates to examdning court part of the record, 1 V, C 271 
 
 when, of commitment ikot part of the record, 1 V. C. 271, 
 
 when, of commitment is part of the record, 2 V. 0^504. 
 
 what return on, of commitment sufificient. What mistake immaterial, 2 
 
 V. C. 504. 
 when, for apprehending a slave unnecessary, 1 Eob. 675. 
 
WARRANTY. 577 
 
 WARRANTY; see Covenant; Deed; Ouaranty. 
 executors though not mentioned in covenant of, may sue, 1 W, 306. 
 notice of former suit need not be proved in action on covenant of, 1 W. 
 
 306. 
 case in which party not held to warrant lands, 2 C. 298. 
 how damages for eviction of purchaser of lands with warranty are ad- 
 justed, 3 C. 320. 
 vendee of land sold with, who is evicted can recover against vendor pur- 
 chase money, interest and costs, 1 H. & M. 202. 
 rule of compensation in case of eviction a'fter conveyance with, 1 M. 493 ; 
 
 5M.415; 2E. 132; 2 L. 451. 
 rule of compensation for deficiency in land after conveyance with, 1 M. 
 
 493. 
 for what lands vendor conveying with, bound to make compensation, 3 
 
 M. 317. 
 heirs of vendor who retained title, not bound to convey with general, 4 
 
 M. 140. 
 there is no implied, by the sheriff of property sold under execution, 5 M. 
 
 287. 
 executor selling laud of testator only bound to convey with special, 5 M. 
 
 295. 
 parol evidence admitted to prove that clause of general, was improperly 
 
 in deed, 6 M. 439. 
 quiBre, will q,n action of covenant lie on a mere real, 2 E. 132. 
 children getting title from mother not bound by father's, of her lands, 2 
 
 E. -')49. 
 doctrine of collateral, examined, 2 E. 549. 
 
 covenant held not a mere, real but a personal covenant, 4 L. 132. 
 when action on, of a debt is premature, 5 L. 102. 
 measure of the liability of the warrantor of land, 5 L. 119, 
 what is a covenant for conveyance with general, 6 L. 259. 
 when evicted purchaser of slave has no claim against mortgagee on ground 
 
 of implied, 10 L. 354. 
 there is no, of the value of bank notes, but there is of their genuineness, 
 
 1 G. 359. 
 commonwealth gives no, of title or description in sale under tax laws, 3 
 
 G. 192. 
 on, of soundness of an animal jury must say what is_ embraced therein; 
 
 measure of damages, 4 G. 121. 
 heirs of wife not barred from claiming her land by collateral, of husband, 
 
 when, 5 G. 63. 
 1 R. C. ch. 99 §21 applies only to case of real assets descending from wai^ 
 
 ranting ancestor, 5 G. 63. 
 when vendor only warranting title as received from his vendor not liable, 
 
 5 G. 157. 
 what no, of fitness of slave for a particular business, 6 G. 393. 
 to what qualities, of fitness or suitableness of slave extends, 6 G. 393. 
 
 73 
 
578 WARRANTY— WAY. 
 
 WARRANTY, Conlinued. 
 
 case proper remedy for breach of, for soundness of personal chattel. What 
 declaration need not allege, 8 G. 442. 
 
 construction of covenant of, in this case. Held to be a covenant running 
 with the land, 8 G. 353. 
 
 effect of, in fines, feoffments and other common law recoveries, 24 G. 42. 
 
 effect of, in conveyances under the statute of uses, 24 G. 42. 
 
 effect of genera], when grantor acquires title after conveyance is made, 24 
 G. 42. 
 
 grantee may recover on, though deed passed no estate. Assignee cannot > 
 24 G. 42. 
 
 when court will instruct jury to disregard evidence of fraudulent repre- 
 sentations on a, 24 G. 42. 
 
 rights and liabilities of party filing a plea under the statute for breach of, 
 in sale of an animal, 26 G. 283. 
 
 when, on sale of personal chattels implied; when not, 32 G. 518. 
 
 under count alleging a, an implied or expreas, may be proved, 32 G. 518. 
 
 WASTE ; see .Devastavit ; Personal Bepresentative. 
 
 defendant must be shown to be lessee in an action of, 4 C. 250. 
 
 equity has jurisdiction to grant injunction to stay, though statute gives a 
 remedy at law, 1 H. & M. 18. 
 
 when injunction to stay, not granted to vendor against vendee, 2 H. & 
 M. 25. 
 
 injunction to stay, denied, there being no impediment to action of, at law, 
 4 H. & M. 424. 
 
 when if vendor refuse to take back personalty vendee not liable for, 5 M. 
 507. 
 
 law of, must be varied and accommodated to suit this country, 6 M. 134. 
 
 what is not, in a tenant in dower of coal lands, 1 E. 258. 
 
 purchaser at sheriff's sale of insolvent husband's interest in wife's estate 
 may be sued by them for, 5 G. 499. 
 
 what declaration and verdict sufficient in such case. What a general ver- 
 dict in action of, 5 G. 499. 
 
 WASTE AND UNAPPROPRIATED LANDS ; see Grant ; Patent. 
 
 land at Old Point Comfort had been appropriated to public use and was 
 
 not, 11 6.136. 
 a patent for laud forfeited to the commonwealth passes nothing, 11 G. 572. 
 what land is, and liable to location, 22 G. 378. 
 
 WATER RIGHTS ; see Rioer. 
 
 as, to riparian rights, 27 G. 430. 
 
 rights of owners of mills to water power in this case, 31 G. 36. 
 right to use water power a subject of equitable jurisdiction, 31 G. 36. 
 WAY. 
 grant of right of, does not convey soil, only a way over it, 4 C. 441. 
 
WIDOW. 579 
 
 WIDOW; see Bower; Husband and Wife; Marriage. 
 not bound by ex parte order of county court, 1 W. 47. 
 ■when, taking legacy must abate in proportion with other legatees. 3 C. 11. 
 in suit for settlement of administration account if, has not been paid her 
 
 share, court should decree it, 3 M. 279. 
 decree cannot be made against a, in suit to which she is only a party as 
 
 administratrix and guardian, 4 M. 140. 
 when, and her second husband bound for slaves bought by her with money 
 
 of first husband, 4 M. 222. 
 what expense for repairs by administrator charged against, and what 
 
 against her and the children, 5 M. 180. 
 when bill in equity lies for partition of lands without making, a party, 4 
 
 M. 328. 
 when, taking under will of husband excluded from share of estate undis- 
 posed of by the will, 6 L. 36. 
 property purchased by, with profits of husband's estate considered part of 
 
 estate, 6 E. 541. 
 when, may claim under deed of husband without renouncing under his 
 
 will, 2 L. 419. 
 taking administration o. t. a. is not an election by her to take under the 
 
 will, 2 L. 419. 
 taking under will, not entitled to share of residuum undisposed of, 4 L. 
 
 152. 
 when, entitled for life to one-third of proceeds of sale of slaves, 4 L. 410. 
 when, of revolutionary officer entitled to one- fourth of his estate underact 
 
 of Congress, 9 L. 160. 
 what, entitled to in this case, 2 Eob. 628. 
 entitled to one-half of money received by administrator of owner of slaves 
 
 carried off by British, 1 Eob. 488. 
 estate and power of, under will in this case, 2 G. 1. 
 when chattels survive to the, 2 C. 447. 
 not entitled in lieu of dower to one-third of money received for land sold 
 
 during coverture, 3 C. 13. 
 when action survived to, and debt of husband could not be set off against 
 
 it, 12 L. 512. 
 when entitled to ehoses in action not reduced into possession by husband's 
 
 assignee, 4 G. 11. 
 
 if husband sells wife's remainder in slaves and dies before life tenant, she 
 is entitled against purchaser, 7 G. 99; 2 P. & H. 612. 
 
 when entitled to dower though she claim under husband's will, 8 G. 83. 
 
 when can occupy farm without paying rent until dower assigned, 9 G. 242. 
 
 what agreement barred, of dower but not of distributive share of hus- 
 band's personalty, 11 G. 434. 
 
 renouncing will, cannot take property given her by it, 11 G. 434. 
 
 what a v.alid payment to, by executors, 11 G. 434. 
 
 when life estate given, in lieu of dower not liable for testator's debts, 12 
 
 G 628 
 is not a purchaser for value of her share of husband's estate. 12 G. 363. 
 
580 WIDOW— WILL, 
 
 WIDOW, Cmilinued. 
 when increase of husband's slaves born after his death belong to, 13 G. 
 
 183. 
 when choses in action survive to, 1 P. & H. 141. 
 who has relinquished dower in consideration of deed to her, entitled to its 
 
 value against husban )'s creditors, 4 M. 251. 
 not entitled to dower in land bought by husband at trustee's sale after- 
 wards declared void, 33 G. 83. 
 WILL. 
 
 1. In General. 
 
 2. Execution and Peobate. 
 
 3. constkuction. 
 
 4. Nt7NC0PATIVE. 
 
 5. Revocation. 
 1. In General : 
 
 when remainder on an estate tail cannot take effect, 1 W. 71. 
 
 made since Jan. 1, 17p7, may pass land after acquired, 1 W. 75 ; 3 C. 289. 
 
 when reversion in lands will not pass under residuary clause, I W. 96. 
 
 court may decide which are true boundaries referred to in, 1 W. 3:^1. 
 
 guxre, whether act 1792 makes a devise of lands not in testator's posses- 
 sion good, 1 C. 127. 
 
 when limitation over is good as an executory devise, 1 C. 212. 
 
 what limitation of slaves in, is good, 1 C. 338. 
 
 when parol gift of a slave is a good exectition of a power given by a will, 2 
 C. 50. 
 
 estate not distributed in execution of a power remains as part of the re- 
 siduary estate, 2 C. 520. 
 
 when emblements on land specifically devised go into residuum, in equity, 
 
 3 C. 75. 
 
 affidavit of witness to will of matters not in will, not evidence, 3 C. 225. 
 when widow not renouncing, barred from dower in undevised slaves, 4 
 
 C. 93. 
 evidence contradicting attesting witnesses admissible to invalidate a, 4 C. 
 
 423. 
 how and when incapacity must be proved ; burden of proof in such case, 
 
 4 C. 423. 
 
 devise by quaker in 1781 of slaves to be freed, held good, 5 C. 311. 
 
 alien may take by, and can convey before office found, S C. 364. 
 
 widow entitled to dower, though she does not renounce in one year, 5 C. 
 
 481. 
 when wife renouncing, entitled to dower in slaves, 6 C, 101. 
 when party interested may file bill to contest validity of, 1 H. & M. 72. 
 county court can try validity of, admitted to probate in district court, 1 H. 
 
 & M. 72. 
 issue to try validity of, has same effect aa issue to try whether writing is 
 
 a will or not, 1 IT. & M. 72. 
 what directions court of chancery should give on issue to try validity of, 
 
 1 H. & M. 72. 
 
WILL. 581 
 
 WILL, In Geneeal, Continued. 
 court of equity not bound to direct an issue, but may try without a jury, 
 
 1 H. & M. 92, 372. 
 fact that will was wholly written by testator prima facie evidence that he 
 
 was in his senses, 1 H. & M. 471. 
 errors in grammar, ignorance of law or omission of property do6s not 
 
 vitiate, 1 H. & M. 471. 
 what facts insufficient to repel presumption of testator's capacity ; on 
 
 whom onus probnndi lies, 1 H. & M. 471. 
 when paper recognized by a, is a ;valid testamentary paper, 2 G. 439. 
 when court of equity should direct issues to ascertain facts as to execution 
 
 of, 6 M. 385. 
 what sufficient averment in bill contesting will already admitted to pro- 
 bate, 1 Eob. 346. 
 after bill to coutest, and decision of question, uo further proceedings can 
 
 he had ; mode of proceeding on bill to contest, 1 G. 18. 
 what does not make debts a charge upon the real estate, 12 G. 628. 
 , -when devisees become personally liable for testator's debts, 13 G. 152. 
 charge in, to pay debts does not revive debt barred by act of limitations, 
 
 13 G. 329. 
 when legatee not bound for testator's debts beyond value of the legacy, 15 
 
 G. 350. 
 effect of provision in, as to sale by *Kecutors to pay partnership debts, 15 
 
 G. 11. 
 various questions as to election, rents, &c., decided under this will, 14 G. 
 
 369. 
 as to conversion of real estate into personalty under, of one partner, 15 
 
 G.ll. 
 of married woman made under a power given by her husband's will, 22 
 
 G. 21. 
 when sale by executor under a, is valid, 24 G. 225. 
 
 first takers held not required to give security for delivery of slaves to re- 
 maindermen, 2 P. &. H. 206. 
 a contingent remainder of personal estate' which fails to take effect passes 
 
 to residuary legatees, 2 P. & H. 232. 
 bequest of proceeds of land to be sold by executors to a foreign corporation 
 
 held valid, 32 6. 357. 
 when, of land- acquired after date of will good^ 1"W. 75. 
 when, of land of which testator was disseised invalid, 3 M. 285, 
 mode of saving objection to evidence on trial of issue denrisavU vel non, 29 
 
 G. 61. 
 proper decree when land devised to two is liable for testator's debt, 27 G. 
 , 789. 
 husband not deprived of marital rights as to property left his wife under 
 
 this will, 24 G. 250. 
 executor and propounder of a, is a competent witness to sustain it though 
 
 a devisee, 25 G, 361. 
 bequest to attorney who wrote the will held valid, 26 G. 152. 
 
682 WILL. 
 
 WILL, In GENEEAr,, Continued. 
 
 onus prnbandi and duty of the court in such case, 26 G. 152 ; 30 G. 56. 
 
 what necessary to the validity of a will; whatnot, 26 G. 476. 
 
 who a competent witness as to handwriting of testator, 27 G. 313. 
 
 paper iu this case held not a, 28 G. 44. , 
 
 how advancements brought in under will in this case, 28 G. 192. 
 
 meaning of the phrase " undue influence" 29 G. 9. 
 
 when first will not revived by destruction of the second, 29 G. 147. 
 
 devise of property not owned by testator at date of will good, Wy. 137 ; 
 see 1 W. 75. 
 
 devisee electing to take lands to which he was entitled in tail must con- 
 vey others, Wy. 183. 
 
 set aside for fraud in its procurement, Wy. 190. 
 
 intention of testator executed notwithstanding codicils to, Wy. 190. 
 
 direction in, that slave may live with whom he prefers, is void, 1 P. & H. 
 161. 
 
 as to right of alien to make, of land in 1794, 1 P. & H. 250. 
 
 to what pretermitted child entitled. When doctrine of hotchpot not ap- 
 plicable, 1 P. & H. 353. 
 
 what necessary to constitute a charge on lands for the payment of lega- 
 cies, 2 P. & H. 11. 
 
 void or lapsed legacy passed to residuary legatee, 2 P. & H. 53. 
 
 executors protected against stale de||ands of legatees, 2 P. & H. 53. 
 
 deed of trust made under this will held void, 33 6.317. 
 2. Execution and Probate : 
 
 of personal estate neither written nor subscribed, admitted to ijrobate on 
 testimony of draftsman, 1 C. 479. 
 
 devising land in Virginia may be proved in this State though declared void 
 in another, 4 C. 89. 
 
 party objecting to probate of, may show that signature was obtained by 
 fraud, 6 C. 90. 
 
 when it should be shown that testator read or heard read a codicil, 6 C. 90. 
 
 testator bequeathing an article not his, does not provehim incompetent to 
 make a will, 4 H. & M. 91. 
 
 an issue directed to try whether will said to be lost was in fact made, and 
 what were its provisions, Gil. 211. 
 
 what sufficient signing of a will. When paper not complete held not to 
 be a, 2 V. C. 553. 
 ■ what not a suificient proof of execution of, under the statute, 1 E. 131. 
 
 not necessary that will be proved in a court of probate to give it validity 
 as a will of land, 2 E. 190. 
 
 time of publication of, not necessarily fixed by its date, 2 E. 190. 
 
 of married woman of separate estate in personal property, admitted to 
 record, 3 E. 373. 
 
 certificate of probate, &c., granted by court in Va., admissible in any court 
 in the State, 4 E. 158. 
 
 probate of, cannot be questioned after seven years, 4 R. 585. 
 
 court of probate occupies place of jury as to facts, 6 E. 33; 3 L. 32. 
 
WILL. 583 
 
 WILL, Execution and Probate, Continued. 
 
 when court will allow time to get further testimony in order to admit will 
 to record, 6 R. 33. 
 
 what evidence to sustain a, of real estate, 6 R. 33. 
 
 two witnesses necessary to prove will of chattels, 6 E. 316. 
 
 what is an attestation of a, made in the presence of testator, 1 L. 6. 
 
 what full probate of a, not dnly executed as to real estate, 1 L. 2b7. 
 
 what competent evidence of testator's handwriting in probate court, 2 L. 
 249. 
 
 acknowledgment by testator of paper as his, was recognition of signature 
 as his own, 3 L. 436. 
 
 when, of a blind man admitted to record, 3 L. 32. 
 
 how will attested by three witnesses proved, if two of them live out of 
 the State, 4 K. 585. 
 
 12 Hen. Stat, at Large p. 502, gives additional mode of proceeding, 4 E. 
 585. 
 
 Court of Appeals presumes decision of lower courts as to credibility of wit- 
 ness was correct, 3 L. 436. 
 
 record showing only point was whether testator was of sound mind, deci- 
 sion of lower court a£Srmed, 3 L. 523. 
 ' copy of, proved in Louisiana authenticated according to the rules of com- 
 mon law is sufficient under statute of wills, 3 L. 816. 
 
 when a copy of, proved in a foreign State admitted to probate in Va., 3 L. 
 816. 
 
 proved in Kentucky, admitted to probate in Va. only as will of personalty, 
 3 L. 819. 
 
 before act 18.34-5 will of personal estate could be proved by one witness, 5 
 L. 589. 
 
 memorandum taken by a scrivener not good as a, 10 L. 125. 
 
 compliance with requisitions of statute inferred, though attesting wit- 
 nesses had forgotten, 10 L. 13. 
 
 parol evidence admitted to fill up description of person intended by the 
 testator, 10 L. 199. 
 
 admitted to full probate cannot be attacked after seven years, 11 L. 498. 
 
 what not sufficient signing of olograph will under the statute, 1 G. 454. .^ 
 
 testamentary intent ascertained from face of, and extrinsic evidence not 
 admitted, 1 G. 454. 
 
 admission on record by contestants of, of its execution, does not dispense 
 with proof, 1 G. 161. 
 
 if wiiness adopts his signature already on the paper, it is a valid attesta- 
 tion, 2 G. 439. 
 ' rejection of wiU by court of probate conclusive on legatee, when, 3 Gfc. 529. 
 
 bequest to a corporation of its own stock is valid, 3 G. 19. 
 
 when devise or bequest to attesting witness void, 4 G. 103. 
 
 slaves emancipated by, may propound it for probate, 4 G. 106. 
 
 what temperament, habits, &c., consistent with a sound disposing mind ' 
 and memory, 4 G. 106. 
 
 paper in writing of deceased and signed by him held not his, 4 G. 277. 
 
584 WILL. 
 
 WILL, Execution and Peobate, Continued. 
 
 what acknowledgment by testator necessary to make instr ument his, 6 
 ■ G. 1. 
 
 witness need not see testator sign or make his mark, 6 G. 1. 
 
 copy of, certified by clerk of court in which it was admitted to probate 
 competent evidence, 5 G. 157. 
 
 effect of verdict for the will in an issue devisavit vet non, 6 G. 57. 
 
 appellate court presumes all requirements of statutes proved, ,when, 6 G. 
 57. 
 
 subscribing witness may attest a, by making his mark, another writing his 
 name, 6 G. 57. 
 
 law does not require will to be proved as well as attested by a certain 
 number of witnesses, 6 G. 57 
 
 paper witnessed by person not a credible witness held not a, when, 6 G. 
 625. 
 
 admitted to probate though attested by one witness only, a good will after 
 seven years. 6 G. 554. 
 
 in a case of probate deposition de bene esse of witness read, when, 8 L. 267. 
 
 how witness called to prove handwriting of paper offered for probate im- 
 peached, 8 G. 967. 
 
 qusere, as to validity of attestation of, out of testator's room, 8 G. 307. 
 
 te.'itimony of witness as to handwriting of a paper which had been pre- 
 viously shown him, admissible, 8 G. 267. 
 
 what constitutes legal capacity in testator to make a, 9 G. 330. 
 
 when particular act is not attended with consent of testator's will and un- 
 derstanding it is void, 9 G. 330. 
 
 what held a substantial subscribing of witnesses' names in testator's pres- 
 ence, 10 G. 67. 
 
 from what circumstances it is inferred that testator's name was written in 
 his presence and before the acknowledgment of paper, 10 G. 106. 
 
 .signing of names by witnesses in another room but in sight of testator, 
 sufficient, 10 G. 106. 
 
 saving in 1 E. C. ch. 114 §13 in favor of persons out of State, not repealed 
 by Sup. R. C. p. 260, 10 G. 358. 
 
 devisee or executor of, may propound it for probate, and all persons in- 
 terested are bound by the judgment, 10 G. 358. 
 
 what is a sentence on the rasrits of an application for probate, 10 G. 358. 
 
 court may admit a second paper to probate after admission of fli-st, when, 
 10 G. 358. 
 
 judgment of circuit court admitting paper offered for probate in county 
 court, 10 G. 358. 
 
 what does not constitute incapacity in a testator, 11 G. 220. 
 
 what not improper influence which will invalidate will, 11 G. 200. 
 
 witnesses not required by Code 1849 to subscribe names in presence of each 
 
 other ; held to be duly attested in this case, 11 G. 220. 
 
 validity of, of a married woman duly admitted to probate cannot be ques- 
 tioned in a collateral suit, 11 G. 785. 
 
WILL. 585 
 
 WILL, Execution and Probate, Continued. 
 
 what a valid execution of a ; Code 1860 ch. 122 ?4 construed, 12 G. 239. 
 
 what a due execution of a will, 12 G-. 252. 
 
 writing name in beginning of, not a sufficient signing, wlien, 13 6. 664 ; 
 J6G. 418. 
 
 endorsing on back by testator not a sufficient signing, 16 G. 418. 
 
 court of probate may on a proper bill correct errors in its proceedings after 
 a final decree, 32 G. 657. 
 
 what grounds sufficient to authorize bill of review in such case, 32 G.657. 
 
 effect of decision of probate court admitting or rejecting S/, 32 G. 657. 
 
 when draft or notes of will established as a ; when not, 26 G. 476. 
 
 when letter either alone or connected with unexecuted paper not a, 26 G. 
 476. 
 
 weight of evidence of witnesses not experts, as to capacity of testator, 27 
 G. 96. 
 
 weight of evidence of attesting witnesses in such case, 27 G. 96 ; 29 G. 61 . 
 30 G. 56. ' 
 
 when court presumes the requirements of the statute as to execution of, 
 were complied with, 27 G. 96. 
 
 may be proved by one attesting witness, 29 G 61 ; 30 G. 56. 
 
 when held duly executed. Weight of testimony of physician as to testa- 
 tor's sanity, 30 G. 56. 
 
 what is a request of testator to person to witness will, 30 G. 56. 
 
 insertion of testator's name at top or in will equivalent to signature, Wy. 
 173. 
 
 wife could not make, during coverture though husljand having estate in 
 part of the property for their joint lives conveys his interest to her sepa- 
 rate use, 33 G. 217; see 32 G. 305. 
 
 admission of, to probate generally is conclusive of its validity both as to 
 personalty and realty. How only such will can be questioned, 33 G. 222. 
 
 held good will of personalty but not of realty though admitted to probate 
 generally, when, 33 G. 222. 
 
 when a codicil constitutes a republication of ; effect of such republica- 
 tion, 33 G. 278. 
 
 3. CONSTEUCTION : 
 
 what words in residuar^ clause embrace everything, 1 W. 45. 
 
 no words to be rejected that have a possible meaning, 1 W. 53. 
 
 crops do not pass by word " appurtenances " in a, 1 W. 53. 
 
 how far parol proof received or rejected, 1 W. 53. 
 
 intention is the cardinal rule in construction of a, 1 W. 96, 300 ; 1 M. 
 
 537 ; see Wy. 219. 
 • reversion in slaves passes under residuary clause, 1 W. 262. 
 what devise for life with power of appointment gives a fee, 1 W. 262. 
 word "heir " in a will construed to mean " heir apparent," 1 W. 381. 
 bequeathing interest on certificates of public debts, construed, 2 W. 74 ; 
 
 4 C. 305 ; 5 C. 150. 
 what words in a will give a fee simple estate, Wy. 159 ; 1 C. 7, 127 ; 3 C. 
 
 306. 
 
 74 
 
586 WILL. 
 
 WILL, CoNSTEUOTlON, Continued. 
 
 a power to sell in a will gives an estate in fee, 1 C. 7. 
 
 when word " or " in a will to be taken copulatively, 1 C. 212. 
 
 when persons take per capita and not per stirpes, 1 C. 212. 
 
 residuary clause in, does not carry remainder after a life estate if it can 
 operate on other estate, 1 C. 337. 
 
 what an absolute gift and not one of interest only, 5 C. 150 ; see Wy. 338. 
 
 what construed an estate tail and not an executory devise, 2 C. 72 ; 6 M. 
 114. 
 
 what words in a, create an estate tail, 3 C. 342, 354 ; 1 H. & M. 559. 
 
 case in which remainder in fee in a slave passed by the residuary clause, 3 
 C. 507. 
 
 what held to be absolute disposition of residuum and to carry a fee in lands, 
 4 C. 472. 
 
 devises in favor of charities and liberty liberally expounded, 5 C. 311. 
 
 construed to give an estate for life, 5 C. 351. 
 
 devise of lands in 1760 without words of perpetuity held a fee simple, 5 
 C. 463. 
 
 qutere, if corporation could take under words in this, 1 H. & M. 471. 
 
 trust created by, for payment of debts does not include a nudum pactum, 2 
 H. & M. 124. 
 
 in construing a, the whole must be taken together, 4 H. & TM. 283 
 
 when parol evidence to explain meaning of word "increase" admissible, 4 
 H. & M. 283. 
 
 what passes by bequest of " all my household goods and furniture except 
 my plate and watch," 2 M. 234. 
 
 when court should not resort to lexicographers or adjudicated cases in 
 construing, 2 M 234. 
 
 when devise of lands without words of perpetuity not enlarged into a fee, 
 
 ■ 2 M. 453. 
 
 when court will not transpose expressions from one clause to another, 2 M. 
 453. 
 
 a general residuary clause held not to carry reversion after life estate, 3 
 M. 76. 
 
 on what part of estate certain pecuniary legacies chargeable in this case, 5 
 M. 460. • 
 
 what correct course in supplying words in a will, 6 M. 114. 
 
 of salt works construed to allow devisees use of salt, minerals and wood- 
 land to carry on works, 6 M. 134. 
 
 how construed in this case ; how court should lean in a doubtful case of 
 construction, 6 M. 374. 
 
 directing "payment of all just debts" charges the whole estate, Gil. 174. 
 
 how bequest of a female slave and her increase construed, 3 E. 83. 
 
 what not construed a general residuary devise, 3 R. 191. 
 
 words borrowed from preamble and coupled with residuary clause to en- 
 large life estate into a fee, 3 E. 280. 
 
 what words give a separate estate to a wife, so as to enable her to be- 
 queath it, 3 E. 373. 
 
WILL. 587' 
 
 WILL, Construction, Continued. 
 
 intention to govern in construction of a. What the intention in this case, 
 4E. 181. 
 
 intention prevails unless it violates rule of law. Interest of wife under 
 this, 4 E. 213. 
 
 who took pel- capita and who per stirpes under this, 1 L. 74. 
 
 executory bequest held void in its creation, 1 L, 321. 
 
 devises construed ; estate tail converted into a fee ; executory limitations 
 barred, 1 L. 368. 
 
 wife held to take only a life estate in such moveables as could be used and 
 returned in kind, 2 L. 377. 
 
 will gave fee in moiety with executory devise limited thereon, 2 L. 119. 
 
 statute of uses does not apply in Virginia to uses created by, 2 L. 356. 
 
 testator held to die intestate as to personal estate devised by this, 2 L. 
 642. 
 
 legatees of residuum dying before testator, their shares go to his next of 
 kin, 2 L. 642. 
 
 rule that lapsed legacies fall into residuum applies only to specific or pe- 
 cuniary legacies, 2 L. 642. 
 
 construction of devise to two daughters and their children, 3 L. 64. 
 
 devise construed, 3 L. 103. 
 
 bequest construed, 4 L. 20. 
 
 testator's daughter entitled to profits of slaves for life and her daughter to 
 have no right to share said profits, 3 L. 258 ; 1 Bob. 435. 
 
 wife held to take absolute property in money bequeathed her, and not 
 power of disposal only, 3 L. 348. 
 
 husband of testator's daughter held to take estate tail converted into a 
 fee, and remainder barred, 4 L. 90. 
 
 case of devisee having left illegitimate children, 4 L. 118. 
 
 devise of land with power to sell gives a fee, and devise over is void, 4 L. 
 408. 
 
 directs executors handsomely paid. They are paid 5 per cent., 4 L. 458. 
 
 qusere, if clause in, amounts to appointment of executor testamentary 
 guardian of his daughter, 4 L. 584. 
 
 instrupent held a will ; testator can only disinherit his heirs by giving es- 
 tate to some one else, 5 L. 222. 
 
 testator's daughter takes vested remainder and her share goes to her hus- 
 band in this case, 5 L. 442. 
 
 direction to pay " all just debts " includes debts for which testator was 
 surety, 6 L. 504. 
 
 construction of, giving life estate and power of appointment to wife, she 
 renouncing, 6 L. 461. 
 
 construction of, giving life estate to wife with remainder over, &c., 7 L. 13. 
 
 what hmd to be sold to pay debts under, in this case, 7 L. 419. 
 
 no division could be made as to personalty under this, and as to it dece- 
 dent was intestate, 7 L. 452. 
 
 words " members of my family " sufficiently certain to make will good, 7 
 L.650. 
 
588 WILL. 
 
 WILL, Construction, Continued. 
 
 meaning of testator in this will, 8 L. 306. 
 
 estate tail converted into a fee and contingent remainder barred, 8 L. 449. 
 alienation of property by testator revoked devise of its proceeds, 8 L. 614. 
 ■words of survivorshiB referred to period of testator's death if will does 
 
 not show the contrary, 9 L. 79. 
 executory limitation after an indefinite failure of issue void, 9 L. 253. 
 what passes with residuum of estate to executor. As to admissibility of 
 
 parol evidence, 9 L. 361. 
 annuities in expectancy vested at testator's death and weye not contingent 
 
 until death of prior annuitants, 10 L. 79. 
 giving estate to wile for life and remainder in " property remaining at her 
 
 decease," construed, 10 L. 628. 
 gift of specific legacy to wife " in addition to what the law allows her," 
 
 construed, 10 L. 609. , 
 
 devise of land to charitable uises after support of slaves on it until eman- 
 cipated, 10 L. 602. 
 devise to erect seminaries too indefinite and therefore void, 10 L. 147. 
 devise to Literary Fund, &c., construed, 10 L. 147. 
 daughter entitled under, to whole profits of estate given her for life, 11 L. 
 
 595. 
 how advancements deducted from shares of children under this, 12 L. 1. 
 widow entitled to her "thirds " and to specific legacies, 12 L. 112. 
 question as to extent of power given executors as to annual fund charged 
 
 on devisees, 1 Eob. 107. 
 after-bom child had no share in division of dower slaves after widow's 
 
 death, 2 Eob. 570. 
 wife held to take a fee in lands under this, 4 G. 16. 
 " dying without issue," limited to dying without issue living at devisee's 
 
 death, 6 G. 456. 
 provision of, held not a bequest of a bond to Columbian College, 7 G. 168. 
 legatee held to take absolute interest in legacy in this case, 9 G. 477. 
 every part of a will is to be considered in ascertaining construction of 
 
 legacy in it, 9 G. 477; 11 G. 771. 
 what devise of plantation on which testator resided held to carry in this 
 
 ase, 9 G. 572. 
 what a bequest of " all the money " held to include. 9 G. 572. 
 how fund divided under this will, 10 G. 275. 
 
 how popular and ordinary language and technical legal terms in a, con- 
 strued, 11 G. 785. 
 what wife entitled to under this will, 6 M. 220. 
 principles on which court will construe a will, 12 G. 196 ; 17 G. 349. 
 what evidence admissible to aid in construction of; what inadmissible, 12 
 
 G. 196. 
 when a devise void for uncertainty, 12 G. 196. 
 under what law will construed in this case, 13 G. 128. 
 after acquired lands held not to pass, 13 G. 128, 136, 468. 
 a valid provision in a will not destroyed by an invalid one, 14 G.251. 
 
WILL. 589 
 
 WILL, CONSTEUOTION, Continued. 
 ■what does not limit a general bequest of the residue, 14 G. 251. 
 intention must govern cour*in construction of a, 15 G. 350 ; 17 G. 349. 
 clause held not to reduce an estate previously given in the will 17 G. 1. 
 what terms include real estate, 17 G. 268. 
 hequest of stock of railroad company held to include additional shares 
 
 obtained by subdivision of original stock, 24 G. 392. 
 meaning of word " children" in ; held to be a word of purchase, 19 G. 130. 
 to what State stock party entitled under this will, 19 G. 758. 
 words in this ^iU held to create an estate tail and limitation over void 13 
 
 G. 289. 
 words "heirs lawfully begotten " words of limitation and pass a fee 12 
 
 G. 135. 
 devise for life with power to sell and use proceeds gives a fee, 20 G. 692. 
 what a contingent remainder dependent upon living of remainderman at 
 
 life tenant's death, 13 G. 152. 
 case of vested remainder subject to open and let in others, 15 G. 551. 
 a contingent limitation held valid, 17 G. 490. 
 what a good executory devise in favor of children surviving one dying 
 
 without issue, 17 G. 8. 
 what does not make debts a charge upon the real estate, 12 G. 628. 
 when devisf es become personally liable for testator's debts, 13 G. 152. 
 charge in, to pay debts does not revive a debt barred by act of limitations, 
 
 13 G, 329. 
 when legatee not bound for testator's debts beyond value of the legacy, 15 
 
 G. 350. 
 effect of provision in, as to sale by executors to pay partnership debts, 15 
 
 G.ll 
 land considered as money and to-pass to legatees as such, when, 14 G. 369. 
 what a bequest of an absolute estate in slaves and to the separate use of a 
 
 feme, 12 G. 425. 
 devise of life estate to daughters determinable on marriage, 13 G. 245. 
 gives a beneficial interest to wife, she having control of land devised to a 
 
 son, 14 G. 518. 
 grandchildren not included in remainder to children in this case, 17 G. 
 
 349. 
 what devise not a trust, but a devise of an absolute interest, 18 G. 541. 
 devise to one and children of another equally, gives moiety to each, 18 G. 
 
 574. 
 devise held absolute and not upon trust in favor of other children of tes- 
 tator, 23 G. 904. 
 legacy held to vest at testator's death subject to be divested afterwards, 2 
 
 P, & H. 206. 
 parties held tenants in common for life of slaves, 2 P. & H. 494. 
 estates in remainder held to vest at testator's death, and not subject t(. be 
 
 divested, 2 P. & H. 520. 
 construed. Legacies held charges on land. Duty of executor under tiil;- 
 wUI, 32 G. 215. 
 
690 WILL. 
 
 WILL, Construction, Continued. 
 
 power given wife by, to appropriate property as she chose, passes to her an 
 
 absolute estate, 32 G. 357. >• 
 
 property given wife for life held to pass to residuary devisees, 32 G. 544. 
 bequests to children held not to vest till they come of age, and those dying 
 
 before that time took nothing, 32 G. 819. 
 construed, Wy. 173, 183. 
 
 when after acquired lands pass by a will, Wy. 291. 
 husband not deprived of marital rights as to property left his wife, 24 G. 
 
 250. 
 writing held an absolute will and not on a condition, 27 G. 313. 
 construed ; land given child not charged to him, 27 Ol 281. 
 condition in codicil held a condition subsequent and estate not forfeited, 
 
 28 G. 192. 
 when absolute gift in one clause not restricted by another clause, 28 G. 
 
 224. 
 how construed and intention of testator ascertained, 29 G. 9. 
 meaning of the phrase " undue influence," 29 G. 9. 
 who entitled to increase of stock under this, J. 123. 
 legacy in residuum held not to lapse but to go to surviving legatees, Wy, 
 
 94. 
 construed. Slaves held embraced in ; testator can appoint ovmer before 
 
 the existence of thing to be owned as well as one not then in existence, 
 
 Wy. 123. 
 giving estate during widowhood, and with other provisions, construed, Wy. 
 
 173. 
 words held to convey life estate only, Wy. 180. 
 money bequeathed to buy lands for slaves goes to them, when, 1 P. & H 
 
 167. 
 legacy held contingent, 1 P. & H. 197. 
 word "heirs'' construed as a word of purchase, and rule in Shelley's case 
 
 inapplicable, 1 P. & H. 250. 
 devise held a life estate with contingent remainder and a limitation over 
 
 by way of springing use or executory devise, 1 P. & H. 250. 
 devise to wife of residue of estate with contingent limitation over of 
 
 " whatever she may leave " vests in her an absolute estate, 2 P. & H. 53. 
 giving property " subject to the support " of certain persons, construed, 33 
 
 G. 45. 
 appointment under this will held improper and void, 33 G. 51. 
 powers of married woman over separate estate under this will, 33 G. 97. 
 4. Nuncupative: 
 when a, should be established, 4 H. & M. 91, 
 when notes of a, established as a, 1 M. 456. 
 what evidence not snfScient to establish, 6 M. 123. 
 what essential to the validity of a, 3 L. 140. 
 what the last sickness, and what a commitment to writing nnder statute 
 
 concerning, 2 Rob. 424. 
 statute allowing contest within seven years does not apply to, 2 Rob. 424. 
 
WILL— AVITNESS. 591 
 
 WILL, Nuncupative, Continued. 
 
 how widow can impeach ; construction in this case, 2 Rob. 424. 
 
 when paper not executed as a written will good as a, 1 G. 129. 
 
 meaning of word "habitation" in a, 10 G. 64. 
 
 what paper not a ; what a good, 10 G. 548. 
 5. Revocation : 
 
 is revoked by subsequent marriage and birth of issue, 1 W. 140. 
 
 of personal estate revoked by subsequent will neither written nor sub- 
 scribed, 1 C. 479. 
 
 when before act 1794, marriage and birth of a child did not revoked, 3 C. 
 334 ; 2 Rob. 570. 
 
 circumstances mny rebut an implied revocation of, 3 C. 334. 
 
 when cancelling second will did not set up first. How far parol evidence 
 admitted, 3 H. & M. 502. 
 
 doctrine of implied revocation of wills discussed, 2 M. 209. 
 
 when deed of trust not a revocation of wiU ; nor commission of lunacy, 
 2 M. 209. 
 
 writing in this case held no revocation of, 12 L. 535. 
 
 direction of testator to destroy, not a revocation unless actually carried 
 out, 1 Eob. 346 ; 3 L. 32. 
 
 proof that second will was stolen, without proof of its contents, no revo- 
 cation of first, 1 G. 161. 
 
 if will cannot be found it is presumed that testator destroyed it, 1 G. 286. 
 
 when marriage is a revocation of a will, 14 G. 332. 
 
 WINCHESTER. • 
 act of 1752 for establishing town of, turned land therein into socage tenures, 
 5 C. 364. 
 WINCHESTER AND POTOMAC R. R. CO. 
 charter of, does not warrant a contingent assessment of damages for land 
 taken by it, 1 Rob. 67. 
 
 WITNESS ; see Evidence. 
 
 1. In Gesteral. 
 
 2. Competent. 
 
 3. Incompetent. 
 
 4. In Criminal Cases. 
 1. In'General : 
 
 if fraud is charged evidence of attesting witnesses chiefly regarded, 1 W. 
 224. 
 
 to a deed need not subscribe it, 1 W. 319. 
 
 deposition need not be signed by, 1 W. 372. 
 
 what degree of interest disqualifies, 1 W. 372. 
 
 answer not outweighed by testimony of one, alone, 1 W. 389. 
 
 testimony of a, tending to fix fraud on himself should not be regarded, 2 
 W. 146. 
 
 testimony of one positive, supported by strong circumstances wiU over- 
 throw an answer, 3 C. 44. 
 
 affidavit of, to a will, of matters not in the will, not evidence, 3 C. 225. 
 
692 WITNESS. 
 
 WITNESS, In General, Continued. 
 marriage contract enforced on acknowledgment before, though not present 
 
 when it was made, 4 C. 231 
 evidence contradicting attesting witnesses admissible to invalidate a will, 
 
 4 C. 423. 
 issue properly directed as credit of witnesses was assailed, 4 C. 430. 
 answer must be contradicted by two witnesses or one, and strong circum- 
 stances, 5 C. 537. 
 what actions will not lie for causing arrest of party while attending court 
 
 a^a, 3 H. & M. 260. 
 commission to examine a defendant as a, should be awarded on motion of 
 
 plaintiff as a matter of course, 4 H. & M. 482. 
 commission cannot issue at instance of defendant to examine plaintiff as 
 
 a, 4 H. & M. 488. 
 qusere, whether evidence of attorney employed by both parties to write 
 
 bond admissible to prove fraud, 2 M. 105. 
 mbpmna duces tecum to clerk of executive council, when may be disobeyed, 
 
 2 V. C. 49. 
 if appellate court finds deposition incompetent evidence because of interest 
 
 of, it will disregard it, 2 L. 425. 
 obtaining commission to take deposition' of, no bar to objecting to his 
 
 deposition taken by the other side, 2 L. 425. 
 new trial not granted for the purpose of impeaching the credit of a, 5 L. 
 
 598. 
 party impeaching general veracity of, cannot go into particular instances 
 
 of falsehood, 4 L. 330. 
 as to admissibility and credibility of, who has negro blood, 4 G. 541. 
 how, called to prove handwriting of paper offered for probate impeached, 
 
 8 G. 267. 
 affidavit of, of inability to, attend court cannot be first made in appellate 
 
 court, 10 G. 557. 
 when such affidavit sufficient to authorize reading of his deposition taken 
 
 de bene esse, 10 G. 557. 
 error in examining, on his voir dire as to his interest, how cured, 1 1 G. 
 
 527. 
 may refresh his memory by reference to a paper, 11 G. 527. 
 diagram of survey is evidence and surveyor may refer to it, 11 G. 527. 
 field notes of surveyor not evidence, 11 G. 527. 
 
 how, far plaintiff competent, when defendants claim under a deceased per- 
 son, 24 G. 74. 
 effect of cross-examination of plaintiff by defendants, 24 G.74. , 
 
 what exception need not state if, is excluded as incompetent, 25 G. 361. 
 as to competency of trustee as a, 26 G. 112. 
 
 weight of evidence of, not an expert, as to testamentary capacity, 27 G. 96. 
 weight of evidence of attesting, to a will, 27 G. 96 ; 29 G. 61 ; 30 G. 56. 
 when character of, for truth is attacked how he may be sustained, 28 G, 
 
 299. 
 when parol testimony admissible to prove a resulting trust, 28 G. 423. 
 
WITNESS. 593 
 
 WITNESS, In General, Continued. 
 is presumed to state facts according to the best of his understanding and 
 
 belief, 28 G. 750. 
 course of examination of, left to discretion of judge, 28 G. 891. 
 weight of evidence of physician as to testator's sanity, 30 G. 56. 
 foundation necessary for introduction of evidence to impeach or discredit, 
 
 33 G. 413. 
 what statement of, as to general character of plaintiff for truth and verac- 
 ity evidence ; what not, 33 G. 413. 
 2. Competent; 
 when one trespasser, against another, 1 W. 187. 
 when arbitrator is admissible as, 1 W. 193. 
 who competent if indemnifiedj 1 W. 280. 
 
 to a deed may prove it when subscribing, is dead or absent, 1 W. 319, 
 allowed to prove payment by himself for the defendant,. 2 C. 231. 
 qusere, who competent in suits concerning titles to lands, 2 C. 379. 
 when agent endorsing bill to his principal is, 3 C. 373, 
 a release removes incompetency of, on account of interest, 6 C. 78; 2E.87; 
 
 4 R. 386. 
 in trover against R for goods lent him by C.'s wife and conveyed by C. ta 
 
 plaintiff, C.'s wife is, 1 H. & M. 154, 
 when purchasing agent, to prove principal had notice of an incumbrance, 
 
 1 M, 38. 
 administrator, to prove payment by him to guardian of a distributee, 1 M. 
 
 119. 
 widow of one of two joint obligors, on pica of infancy in .suit against 
 
 other, S M. 49. 
 
 trut^tee in deed of trust, to prove due advertisement of property, 3 M. 170. 
 
 legatee may .prove by executor his assent to the specific legacy, 4 M. 191. 
 
 when man made procAem ami to an infant without his consent is, 1 R. 131. 
 
 trustee, when suit is to set aside deed for fraud, 1 K. 219 ; 2 E. 563. 
 
 one, if record of suit cannot be used against him in a future suit, 2 E. 87. 
 
 endorser, to prove note given for usurious consideration, when, 3 E. 316, 
 
 sheriff, to prove truth of his return, 4 E. 11^9, 
 
 when and for what, remote assignor of non-negotiable note, 5 R 31. 
 
 deputy sheriff who executed fieri fmim on forthcoming bond, to prove in- 
 solvency of obligor, 4 L, 590, 
 
 deputy sheriff, for principal against purchaser of insolvent's real estate, ,S 
 
 L. 16, 
 cestui que trust, for purchaser from trustee, 6 L. 52a 
 ^s,re, as to competency of sheriff in suit on indemnifying bond givenlum, 
 
 6 L. 246, 
 in assumpsit for goods furnished a third person, such person competent, 
 
 for plaintiff, 10 L. 155. „ ^ ^ ,, 
 
 when surety in an obligation whom creditor has agreed not to sue, a, 11 
 
 what release of interest makes party, in this case, 11 L, 62& 
 
 75 
 
594 WITNESS. 
 
 WITNESS, Competent, Continued. 
 
 in suit for schooling of ward against guardian, administrator of former 
 
 guardian is, 2 Rob. 420. 
 executor claiming no interest under the Tvill Is, to sustain will, 1 G. 18. 
 grantor in deed of trust, to prove identity of property conveyed by it, 1 G. 
 
 274 ; 2 G. 18. 
 when guarantor of bond, to prove it was on usurious consideration, 2 G. 
 
 187, 
 widow of testator, between legatees as to part of estate in which she has 
 
 no Interest, 2 G. 493. 
 no one is Incapacitated from being a, on account of religious belief, 3 G. 
 
 602. 
 what Interest renders. Incompetent and what not, 5 G. 168. 
 when cr£ditor of testator, for purchaser of his land, against devisees, 6 G. 
 
 320. 
 when one executor, in controversy between co-executor and contingent 
 
 legatee, 11 G. 9. 
 as to handwriting, 22 G. 405. 
 
 executor and devisee under a will, to sustain it, 25 G. 361. 
 when defendant, as to what took place between himself and a person since 
 
 dead, 26 G. 314. 
 who, as to handwriting of a testator, 27 G. 313. 
 when cross-examination of, a waiver of objection to his competency ; 
 
 when not, 28 G. 49 ; 29 G. 732. 
 when executor who conveys land with special warranty is, 28 G. 423. 
 when party formerly a tenant of the defendant's landlord is, 28 6. 750. 
 when a party to a suit a competent, 30 G. 255. 
 when execution debtor, to prove payment of money to deputy sheriff, 30 
 
 G. 1. 
 obligor who Is a discharged bankrupt competent, to prove payment of a 
 
 bond in suit against executor of co-obligor, 31 G. 436. 
 deputy sheriff, to prove that money on execution levied by him could not 
 
 be made, 32 G. 249. 
 when executor defendant, in suit for damages caused by erection of a dam, 
 
 32 G. 684. 
 
 quxre, wjiether vendor competent, vendee being dead, 33 G 186. 
 when surviving partner who is sued competent, for plaintiff, 33 G. 342. 
 when wife competent, on bill to subject her separate estate to debts, 33 G. 
 . 377. 
 not a party to the transactions, is not disqualified on account of interest, 
 
 33 G. 451. 
 
 objection to competency of, cannot be first made in appellate court, 33 G. 
 451. 
 3. Incojipetent : 
 attesting delivery of a deed, not allowed to disprove it, 2 W. 58. 
 when in action against sheriff for an escape, succeeding sheriff not a proper, 
 
 4 C. 367. 
 party appellee, for co-appellees, 2 H. & M. 467. 
 
WITNESS. 595 
 
 ' WITNESS, Incompetent, Continued. 
 
 partner, to charge copartner in favor of another partner, 2 H. & M. 603. 
 
 vendor, to prove lines of lands unless he did not warrant title, 1 M. 600. 
 
 person vfho considers himself interested, though in fact not interested 2 
 M. 148. 
 
 specific legatee, to disprove claim against testator's estate, 2 M. 4.52. 
 
 when deputy selling under execution, for sheriff, 5 M. 32. 
 
 release of heir and distributee to administrator does not restore his com- 
 petency, Gil. 202. 
 
 when endorser cannot by confessing judgment render himself a competent 
 3 K. 316. • ' 
 
 principal obligor in bond, for surety jointly bound with him, 4R. 386. 
 principal in recognizance of bail, for sureties, 6 E. 731. 
 when widow, to prove declarations of dead husband, 2 L. 140. 
 when mortgagor, to prove usury, 2 L. 425. 
 when obligee and assignor, to prove usury between assignee and obligor 
 
 3 L. 590. 
 free negro, for plaintiff in suit by white, man against free negro, 6 L. 74. 
 when mortgagor and his wife competent to prove notice of a prior mort- 
 gage, 7 L. 271. 
 in suit against administrator distributee is, for defendant unless he has re- 
 leased his interest, 8 L. 88. 
 deputy sheriff taking indemnifying bond, for obligors in suit on the bond, 
 
 9 L. 459. 
 what release by distributee does not remove his incompetency as a, 11 L. 
 
 369. 
 drawer of bill, for acceptors in suit by holder, when, 3 G 84. 
 what interest renders witness incompetent ; what not, 5 G. 168. 
 one joint tenant, to sustain right of possession of co-tenant, 8 G. 107. 
 ih suit between obligor and assignee of a bond obligee, to prove usury, 9 
 
 O. 294. 
 husband, to a deed con veying property to his wife, 11 G. 321. 
 when husband of a distributee or administrator is an, 23 G. 477, 
 when unmarried woman, in controversy between herself and married per- 
 sons, 25 G. 28. 
 when party to suit incompetent, 25 G. 361 ; 30 G. 286. 
 counsel incompetent witness for his client, 26 G. 585, 
 when one oblige^ co-obligee being dead, 27 G. 690, 
 , when defendants, plaintiff being incompetent, 27 G. 783. 
 when obligors in bond, to testify in their own behalf, 28 G. 348. 
 when grantee is incompetent, 28 G. 423. 
 
 wlio incompetent, in this case, other party being dead, 30 G. 819. 
 husband, where wife is interested, 31 G. 70. 
 when obligor in a bond, in suit on the bond, 32 G. 115. 
 when plaintiff, in suit for damages caused by erection of a dam, 32 G. 684. 
 who incompetent as an expert, 32 G. 684. 
 quasre, whether vendor competent, vendee being dead, 33 G. 18S. 
 
596 WITNESS— AVKIT. 
 
 WITNESS, lNCOMPETE>fT, Continued. 
 
 when plaintiff introcliTcing surviving partner who is defendant as a wit- 
 ness for him, not competent himself, 33 G. 342. 
 4. In Ckiminal Cases : 
 
 juror generally not competent to impeach verdict, 22 G. 924. 
 
 when wife not competent in criminal case to prove what husband stated to 
 her, 23 G. 960. 
 
 person cannot be required to testify if his evidence would criminate him- 
 self, 24 G. 624. 
 
 person engaged in a duel cannot be compelled to testifj'-, when, 24 G. 624. 
 
 court is the judge of competency of a, and jury of his credit, 25 G. 865. 
 
 when lunatic a competent, 25 G. 865. 
 
 what questions cannot be asked in a prosecution for felony, 5 G. 664. 
 
 when new witnesses may be examined after the cause submitted to the 
 jury, 5 G. 664 ; 7 G. 658. 
 
 recalled after opening argument made, when, 7 G. 599. 
 
 how, for commonwealth may be re-examined, 5 G. 664 ; 7 G. 599. 
 
 no objection to competency of, that he heard other witnesses examined, 6 
 G. 684. 
 
 what cannot be, asked, called to impeach another. 6 G. 706. 
 
 record of conviction of, for petit larceny in another State not competent to 
 impeach him, 6 G. 706. 
 
 on trial of white man not allowed to state what was said by a negro, 6 6. 
 684. 
 
 if two indicted jointly are tried separately, one is a competent, for the 
 other, 30 G. 708. 
 
 on trial for felony it is not competent to prove what absent, said on former 
 trial, 10 G. 722. 
 
 person jointly indicted with another for felony not competent, for co-de- 
 fendant, when, 2 V. C. 314. 
 
 prosecutor in information for assault and battery competent, for common- 
 wealth, 2 V. C. 353 ; 4 L. 688. 
 
 as to competency of accomplice as a witness against prisoner, 2 V. C. 490 ; 
 2 L. 769. 
 
 proof of what, since dead swore to on former criminal trial inadmissible, 5 
 E. 701. 
 
 prisoner cannot prove what absent, swore on examination, when, 6E. 704. 
 
 who a competent witness on trial for perjury, 2 Rob. •819. 
 
 when convict a competent, against fellow convict, 2 G. 581. 
 
 party who does not leave court room while trial is in progress not rendered 
 incompetent on that ground alone, 32 G. 946. 
 
 WRIT; see Certiorari; Habeas Corpus; Mandamus; Process; Prohibition; 
 Summons; Quo Warranto. 
 
 issued without endorsement of nature of action, suit will be dismissed, 1 
 
 W. 153. 
 when damages laid in declaration may Tje amended by, 2 W. 203. 
 returnable to an improper term is void, 2 W. 213. 
 
WRIT— WRIT OF ERROR. , - 697 
 
 WEIT, Continued. 
 
 could not issue under act 1792 from one district court to another district 
 
 though against joint defendants, 1 0. 133. 
 if, be for more than £30 and verdict for less, Court of Appeals has not ju- 
 risdiction, 2 C. 497. 
 after verdict if damages left blank in declaration, court will supply them 
 
 from the, 3 H. & II. 208. 
 court will after verdict intend that, was a good one if it be lost, 3 H. & M. 
 
 309. 
 when if damages large enough in, but smaller in declaration than verdict, 
 
 writ referred to for amendment, 3 H. & M. 502. 
 returnable to district court may be executed at any time during term to 
 
 which it is returnable, 4 H. & M. 212. 
 after issue joined on plea to the action, is part of record for purposes of 
 
 amendment only, 2 M. 297. 
 after issue joined on plea to the action, too late to dismiss for defect in, or 
 
 to file plea iu abatement, 2 M. 297. 
 when if name of partner omitted in, judgment not sustained, 2 M. 349. 
 if served on only one partner, judgment should be arrested, 5 M. 550. 
 cannot be executed after term to wliich it was returnable, 2 M. 491. 
 when appellate court will send case back to be proceeded in from the, 2 
 
 M. 528. 
 quaere, whether, would be good against infant without appointment of 
 
 guardian ad litem, 4 M. 439. 
 when, resorted to, to show date of institution of suit, 6 il. 394. 
 ea. sa. against principal must be returned "not found" before sei. /a. issues 
 
 against bail in the action, 1 P. & H. 427. 
 when set. fa. against bail is returnable to rules there must have been ten 
 
 days between service of, and first day of next term of court, 1 P. & H. 
 
 427. ' ■ • 
 
 WEIT OF ERROR; see Appeal; Appellate Court; Supersedeas. 
 may be obtained after judgment has been executed, 1 W. 116. 
 will not lie from judgment of General Court after five years from its ren- 
 dition, 1 C. 194. 
 queere, whether, in fact lies from superior court of law to a judgment of an 
 
 inferior court, 1 C. 520. 
 when executors need not give security on obtaining a, 1 H. & M. 15. 
 Court of Appeals cannot issue, to a judgment discharging person confined 
 
 by a court-martial, 5 M. 292. • 
 
 when .judgment confessed for gaming not reversed on a, 2 T. C. 17. 
 no, lies before superior court of law to review appointment of a guardian ^ 
 
 2 V. C. 204. 
 statute of limitations of, not relied on unless pleaded, 4 L. 308. 
 allowed by j udge in vacation dismissed. Should be allowed in term time, 
 
 7 L. 221. 
 eorammMs does not lie in the Court of Appeals, 7 G-. 76. 
 Court of Appeals cannot grant, in a criminal case, 7 G. 201. 
 
598 • WRIT OF ERROR— WHIT OF EIGHT, 
 
 WEIT OF EREOE, Conlinued. 
 
 when Court of Appeals can grant in criminal case. When returnable, 10 
 G. 708. 
 
 on prosecution for selling liquor without a license, lies to judgment of in- 
 ferior court, 10 G. 749. 
 
 when if judgment confessed it should not be reversed on a, 2 V. C. 17. 
 
 when, has effect of supersedeas, 2 V. C. 30. 
 
 proceedings on a, 2 V. C. 54, 122. 
 
 no, lies on behalf of commonwealth in a criminal case, 2 V. C. 202, 353. 
 
 when, cannot be granted by judge in -yacation, 2 V. C. 224. 
 
 will not lie after verdict and judgment because prisoner not properly ex- 
 amined, 2 V. C. 314. 
 
 no, lies to judgment of county court condemning slave to death, 2 V. C. 
 330. 
 
 when, only mode of reviewing judgment of inferior court, 1 V. C. 163. 
 
 when, does not lie from the General Court, 4 L. 693; 5 L. 740. 
 
 as to jurisdiction of General Court in awarding a, 11 L. 675. 
 
 when, dismissed if prisoner escapes, 14 G. 677, 
 
 for what sum, allowed, J. 8. 
 WEIT OF INQUIRY ; see Pleading. ' 
 
 in joint suit against drawer and endorsers, office judgment not confirmed 
 without, 4 E. 152. 
 
 when, should be awarded on entering conditional judgment in oflSce, 7 L. 
 175. 
 
 verdict for defendant is erroneous if office judgment with, has not been set 
 aside, 9 L. 422. 
 WEIT OF EIGHT; see Ejectment. 
 
 jury may find a special verdict and assess damages in a, 1 C. 429. 
 
 proceedings in, may be had at rules; otherwise in ejectment, 1 C. 429. 
 
 omission to set forth boundaries of lands in, is not cured by verdict, 1 C. 
 484. 
 
 demandant must recover on strength of his own title ; when judgment 
 will be aigainst him, 2 C 555, 574. 
 
 non tenure may be pleaded in abatement or given in evidence in a, 2 C. 
 555, 574. 
 
 on, pleadings must be in writing and at full length, 2 H. & M. 161. 
 
 count referring to survey made in the cause for boundaries sufficient, 3 H. 
 & M. 309. 
 
 statute of jeofails extends to ; what intended after verdict, 3 H. & M. 309. 
 
 what sufficient description of land after verdict, 2 M. 167. 
 
 judgment rendered on a defective plea reversed, 5 M. 98. 
 
 when in a, tenant can and cannot show a better title in another than de- 
 mandant, 3 E. 563. 
 
 as to defect in setting out boundaries of land in a, 3 E. 563. 
 
 uninterrupted possession of land for twenty-seven years not sufficient for 
 presuming a grant, 3 E. 563. 
 
 disseisor may maintain, against a stranger. When, evidence in abatement 
 not admissiblei 3 B. 563. 
 
WRIT OP RIGHT. 599 
 
 WRIT C RTGHT, Continued. 
 
 what must be pleaded in abatement. What surplusage in verdict, 6 R. 
 110. 
 
 demand in count in, sufficient. What informalties cured by verdict, 2 L.l. 
 
 when abatement of, absolute and suit could not be revived, 2 L. 16. 
 
 when no seisin to sustain ; as to how irregularities in, cured, 2 L. 653. 
 
 case of, brought after death of demandant, 2 L. 733. 
 
 possession held not adversary and, not maintainable, 4 L. 14. 
 
 may be maintained by devisee upon possession or seisin of testator, 8 L. 
 468. 
 
 may be revived in name of devisee, 8 L. 468. 
 
 what does not prove seisin in demandant. What disproves constructive 
 seisin, 2 Kob. 259. 
 
 entry and actual possession under a grant not necessary to maintain, 1 6. 
 165. 
 
 tenant h^is right to open and conclude ara;ument before jury, 1 G. 211. 
 
 against life tenant may be revived against his heirs ; how they may de- 
 fend it, 3 G. 270. 
 
 Sup. E. C. pp. 159-60, as to equitable title as a defence in ejectment, con- 
 strued, 3 G. 270. 
 
 holder of legal estate is the proper defendant in a, 4 G. 235. 
 
 what damages may be recovered in a, 4 G. 16. 
 
 what a substantial finding of the seisin of demandants in a, 10 G. 231. 
 
 in, failure to file a plea is not cured by vAdict for the tenant, 10 G. 250. 
 
 what error in, cured by verdict, 10 G. 350. 
 
 when demandants must prove they are ancestor's heirs. What not proof, 
 10 G. 350. 
 
 what tenant in, may show to defend his possession under statute of limita- 
 tions, 11 G. 420. 
 
 when it is presumed that the land recovered is the land demanded, 11 G. 
 420. 
 
 when tenants may give in evidence older patent than demandant's in a, 1 
 P. & H. 301. 
 
 when and for what, record of proceeding of unlawful entry and detainer 
 evidence in a, 1 P. & H. 301. 
 
TABLE OF CASES. 
 
 Abbott Iron Co. v. "W. C, V. M. 
 
 & G. S. K. K. Co., 33 G. 624 
 
 Abbott, Stnart v., 9 G. 252 
 
 Abby, WoocUey v., 5 C. 336 
 
 Abraham's Case, 11 L. 675 
 
 Case, 1 Eob. 675 
 
 V. Matthews 6 JI. 159 
 
 Washington v., 6 G. 66 
 
 Abrahams v. Peyton, 16 G. 470 
 
 Acord, Seig u., 21 G. 365 
 
 Adams' Case, 23 G. 949 
 
 V. Adams, 10 L. 527 
 
 Caperton, v., 5 G. 177 
 
 Dow v., 5 M. 21 
 
 V.Gilliam, IP. &U.101 
 
 Gr^me v., 23 G. 225 
 
 Hewitt v., 1 P. & H. 34 
 
 r. Hubbai-d, 25 G. 129 
 
 Jas. K- & K. Co. v., 17 G. 427 
 
 Jas.K&K.Co.D., 17G. 441 
 
 «. Lawson 17 G._250 
 
 Lewis v., 6 LT320 
 
 V. Logan, 27 G. 201 
 
 V. Martin, 8 G. 107 
 
 Myrick v., 4 M. 366 
 
 Pryor v., 1 C. 382 
 
 Scott v., 3 H. & M. 501 
 
 Tayloe v., Gil. 329 
 
 WhitwoHh v., 5 K. 333 
 
 Adcoek's Case, 8 G. 661 
 
 Addington v. Etheridge, 12 G. 436 
 
 Addison v. Core, 2 M. 279 
 
 Adie's Case, 25 G. 712 
 
 Adkinson's Case, 2 V. C. 513 
 
 Agee, Garland v., 7 L. 362 
 
 Aglionby v. EogerS) 24 G. 172 
 
 Aicklin, Walker v., 2 M. 357 
 
 Ailstock'3 Case, 3 G. 620 
 
 Albert Mitchell's Case, 33 G. 845 
 
 Alcock, Hackett D., 1 C. 533 
 
 «. Hill, 4 L 623 
 
 Alcoekej). Maule, Gil. 305 
 
 Alderson, Biggers v^ 1 H. & M, 54 
 
 V. Biggers, 4 M. 528 
 
 -». Biggers, 4 H. & M. 470 
 
 Faulkner v^ Gil. 221 
 
 V. Miller, 15 G. 279 
 
 Sims II., 8 L. 479 
 
 St. John v„ 33 G. 140 
 
 AMridge's Case, 2 V. C. 447 
 
 Boissean v., 5 L. 222 
 
 V. Giles, 3 H. & M. 136 
 
 Aler, PuUiam *., 15 G. 54 
 
 Alexander's Case, 4 H. & M. 522 
 
 Case, 1 V. C. 156 
 
 Auld v., 6 B. 98 
 
 Beckwithi)., Wy. 190 
 Bell v., 21 G. 1 
 
 Birch v., 1 W. 34 
 
 Callaway D., 8L. 114 
 Crigler v., 33 G. 674 
 V. Coleman, 6 M. 328 
 Dade v^ 1 W. 30 
 
 V. Deneale ' 2 M. 341 
 V. Greenup, 1 M. 134 
 Gaines v., 7 G. 257 
 
 Harvey v., 1 E. 219* 
 
 Herbert v., 2 C. 498 
 
 V. Herbert, 2 C. .508 
 Kidd v., 1 R. 456 
 
 V. Morris, 3 C. 89 
 
 V. Newton, 2 G. 266 
 Stott v., 1 W. 331 
 
 "Watson*., IW. 340 
 
 Wilson v., 9 L. 459 
 
 Alesandria «. Chapman., 4 H. & M. 
 
 270 
 V. Hunter, 2 M. 228 
 
 Alexandria & Fred. R. R. Co. v. 
 Fauuee, 31 G. 761 
 &Fred.R.R. Co. D.Gra- 
 ham, 31 G. 769 
 & Fred.E. R. Co., Otter- 
 back 11., 26 G. 940 
 Alexandria Savings Inst. ■». Thomas, 
 29 G. 483 
 & Wash. R. R. Co. v. 
 Chew., 27 G. 547 
 &Wash.R.R.Co.,Wash, 
 A. & G. R. E. Co., v., 
 19 G. 592 
 & Wash. R. R. Co., Wash. 
 A. & G. R. R, Co., V, 
 20 G. 31 
 Alexandria, Lend. &Haiiap.R. K. Co. 
 V. Burke, 22 6. 254 
 Alford ». Helms, 6 G. 90 
 Alger, Harshberger v., 31 G. 52 
 Allan, Cardwell v., 33 G. 160 
 Carter v., 21 G. 241 
 Wilkerson v., 23 G. IQi 
 Allemong, Purcell v., 22 G. 739- 
 Allen's Case, 2 L. 727 
 V. Allen, J. 86ft 
 
TABLE OF CASES. 
 
 601 
 
 Allen V. Belches, 2 H. &M.595 
 
 Bell v., 3 M. 118 
 
 I'. Bird, 6 M. 108 
 
 Bumgardner v^ 6 M. 439 
 
 Cardwell v^ 28 G. 184 
 
 «. Commonwealth, 6 6. 529 
 
 ('. Cunningham, 3 L. 395 
 
 Dejarnette v., 5 G. 499 
 
 D. Freeland, 3 E. 170 
 
 Gentry ii., 32 G. 254 
 
 3). Gibson, 4 E, 468 
 
 Gilliam v., 4 K. 498 
 
 Gilliam v., 1 R. 414 
 
 ■e. Hamilton, 9 G. 255 
 
 K. Harlan, 6 L. 42 
 
 Harrisons., Wy. l9l 
 
 Harrison v., 3 C. 289 
 
 J). Hart, 18 G. 722 
 
 Henderson v., 1 H. & M. 235 
 
 McVeigh v., 29 G. 588 
 
 i: Minor, 2 C. 70 
 
 V. Morgan, 8 G. 60 
 
 V. Parham, 5 M. 457 
 
 V. Paul, 24 G. 332 
 
 Eobinson v., 11 G. 785 
 
 V. Smith, 1 L. 231 
 
 Tichenor v., 13 G. 15 
 
 Triplett v., 26 G. 721 
 
 Wadsworth v., 8 G. 174 
 
 V. Winston, 1 E. 65 
 
 Alley V. Eogers, 19 G. 366 
 
 Allison V. Farmers' Bank, 6 E. 204 
 
 Eatcliffe 'v., 3 E. 537 
 
 Syrus v., 2 Eob. 200 
 
 AUstadt, Henkle v., 4 G. 284 
 
 Almond v. Almond, 4 E. 662 
 
 V. Mason, 9 G. 700 
 
 Alsop, Duerson v., 27 G. 229 
 
 Ambler v. Norton, 4 H. & M. 23 
 
 Smiths v., 1 M. 596 
 
 V. Warwick, 1 L. 195 
 
 V. Wyld, 2 W. 36 
 
 V. Wyld, Wy. 235 
 
 Ambrouse v. KeUer, 22 G. 769 
 
 American Stove & HoUoware Co., 
 
 Gillett v., 29 G. 565 
 
 Amey, Dunn v., 1 L. 465 
 
 Amick V. Tharp, 13 G. 564 
 
 Amis V. Koger, 7 L. 221 
 
 Ammon, Ergen bright v., 26 G. 490 
 
 V. Wolfe, 26 G. 621 
 
 Ammonett v. Han-is, 1 H. & M. 488 
 
 Amory v. Jus. Gloucester, 2 V. C. 
 
 523 
 
 Amos, M'Michen v., 4 R. 134 
 
 Anable's Case, 24 G. 563 
 
 Anderson's Case, 2 V. C. 245 
 
 Case, 5 E. 627 
 
 Case, 4 L. 693 
 
 Case, 5 L. 740 
 
 76 
 
 Anderson's Case, 18 G. 295 
 
 V. Anderson, 2 C. 198 
 V. Anderson, 1 H. & M.12 
 ■K. Anderson, 4 H. & M. 
 
 475 
 t). Andersen, 11 L. 616 
 Banks v., 2 H. & M. 20 
 1). Bernard, 1 W. 18S 
 
 Blaukenpiekler v., 16 G. 
 59 
 Bowyer c., 2 L. 550 
 
 «. Bullock, 4 M. 442 
 
 Burwell •«., 2 W. 194 
 Burwell v., 3 L 348 
 
 V. Burwell, 6 G. 405 
 
 Carr «., 2 H. & M. 361 
 Carringtou'ti., 5 M. 32 
 Coleman «., 29 G, 425 
 Coupland v^ 2 C. lOS 
 «). Davies, 6 M. 484 
 
 <'. De Soer, 6 G. 363 
 
 Doswell v., 1 P. & H. 185 
 Drew v., 1 C. 51 
 
 V. Dudley, 5 C. 529 
 
 V. Ellington, 2 H. & M. 16 
 Farmers' Bank v., 1 9 G. 
 
 739 
 Fitzhugh a, 2 H. & M. 
 
 289 
 V. Fox, 2 H. & M. 245 
 u. Gallego, 6 G. 363 
 
 «), Gest, 2 H. & M. 26 
 GueiTant v., 4 E. 208 
 B. Harvey, 10 G. 386 
 
 Henderson v., 4 M. 435 
 Jas. E. & K. Co. e., 12 L. 
 
 278 
 «'. Johnson, 32 G. 558 
 Jones v., 7 L. 308 
 
 V. Leitch, 1 L. 462 
 
 V. Lively, 6 L. 77 
 
 Martin v., 6 E. 19 
 
 Nelson v.. 2 C. 286 
 
 Parker v.. 2 P. & H. 38 
 V. Price, 4 M. 307 
 
 Eatcliffe i\, 31 G. 105 
 Eich. & Dan. E. E. Co. 
 «., 31 G. 812 
 
 Shepherd »., 2 P. & H. 
 
 203 
 
 Shield v., 3 L. 729 
 
 Thomason v., 4 L. 1 1 8 
 
 V. Thompson, 1] L.439 
 
 Tinsley v., 3 C. 329 
 
 v. Winston, J. 24 
 
 V. Woodford, 8 L. 316 
 
 Andes Ins. Co., EoUo v., 23 G. 509 
 
 Andrews, v. Avory, 14 G. 229 
 
 Braxton »., 2 C. 357 
 
 ?). The Auditor, 28 G. 115 
 
G02 
 
 TABLE OF CASES. 
 
 Andrick, Hendrick v., 1 V. C. 26? 
 
 Angel's Case, 2 V. C. 228 
 
 Case, 2 V. C. 3:51 
 
 Anglea'sCase, 10 G. 696 
 
 Anglin v. Bottom, 3 G. 1 
 
 Aimatt, Rice v., 8 G. S")? 
 
 Anonymous, 1 V. C. ]39 
 
 Anonymous, 1 V. C. 144 
 
 Anonymous, 1 H. & M. 206 
 
 Anonymous, 4 IT. & M. 401 
 
 Anonymous, 4 H. & M. 409 
 
 Anonymous, 4 H. & JI. 410 
 
 Anonymous, 4 H. <% M. 476 
 
 Anthonv, Applebnry v., 1 AV. 287 
 
 Chisholra v., 1 H. & JVf. 27 
 
 Cliisholm v., 2 H. & AI. 13 
 
 Claytor v., 6 R. 285 
 
 Cla'ytor?)., 15 G. 518 
 
 Creasy v., 15 G. 518 
 
 V. Lawhorne, 1 L. 1 
 
 V. Leftwich, 3R. 238 
 
 V. Oldacre, 4 C. 489 
 
 Antoine, DeLacy v., 7 Ij. 438 
 
 Antoni v. Wright, 22 G. 833 
 
 Appersiin, Belton v., 26 G. 207 
 
 Shackleford »., 6 G. 451 
 
 Appleberry, AVilliamson v., 1 H. & 
 
 M. 206 
 
 Applebury v. Anthony, 1 W. 287 
 
 Applegarth,' Petersburg v., 28 G. 321 
 
 Appling V. Eades, 1 G. 286 
 
 Arbuekle, M'ClungD., 6 M. 315 
 
 Archer's Case, 6 G. 705 
 
 V. Archer, 8 G. 539 
 
 V. Colly, 4 H. & M. 410 
 
 V. Commonwealth, 10 G. 
 
 627 
 
 Gait v., 7 G. 307 
 
 1). Roanes, 4 L. 550 
 
 Robertson «., 5 R. 319 
 
 V. Saddler, 2 H. &. M. 370 
 
 Tabb V, 7 G. 408 
 
 TabbK., 3H.&M.399 
 
 ». Ward, 9 G. 622 
 
 Whiter., 2 V. C. 201 
 
 Arell, Warders v., 2 W. 282 
 
 Arent's Case, 18 G. 7o0 
 
 Argenbright «. Campbell, 3 11. & M. 
 
 144 
 
 Argyle, Miller v., 5 L. 460 
 
 Armat, Wroten «., 31 G. 22S 
 
 Armentrout, Garber »., 32 G. 235 
 
 V. Gibbons, 25 G. 371 
 
 V. Gibbons, 30 O. 032 
 
 Armistead's Cnse, 11 L. 657 
 
 V. Armistead, 10 L. 5 1 'J 
 
 Brown v., 6 K. r:)-\ 
 
 V. Butl^r, 1 H.&M. 176 
 
 Chapman r., 4 M. 382 
 
 D, Dangerfield, 3 M. 20 
 
 Armistead, Kent v., 4 M. 72 
 
 V. Marks, 1 W. 325 
 
 Wallers., 2 L. 11 
 
 V. Ward, 2 P. & H. 504 
 
 Armstead's Case, 7 G. 599 
 
 V. Hundley, 7G.52 
 
 Sheldon v., 7 G. 264 
 
 Taylor v., 3 C. 200 
 
 Armstrong v. Armstrong, 1 L. 491 
 
 Booths., 2W.301 
 
 «. Hickman, 6 M.287 
 
 v. lluntons, 1 Rob. 323 
 
 Nelson v., 5 G. 354 
 
 V. Pitts, 13 G. 235 
 
 , V. Stone, 9 G. 102 
 
 ■I}. Walkup, 9 G. 372 
 
 V. Walkup, U G. 608 
 
 Atnold V. Barrow, 2 P. & H. 1 
 
 ■V. Hickman, 6 M. 15 
 
 «T. Jacksons, 6M. 106 
 
 Jackson u, 4 R. 195 
 
 Lewis «., 3 3 G. 454 
 
 Lovellc, 2M. 167 
 
 Lovell v., 2 L. 16 
 
 Porter v, 3 R. 479 
 
 Arnolds, Middleton v., 13 G. 489 
 
 Arnsthall, Levy v., 10 G. 641 
 
 Arrington v. Cheatham, 2 Bob. 492 
 
 Arthur, Bank Washington J7 . 3 1 i. 165 
 
 V. Chavis, 6 R. 142 
 
 V. Crenshaw, 4 L. 394 
 
 Asberry v. Asberry, 33 G. 463 
 
 V. Calloway, 1 W. 72 
 
 Ash V. Way, 2 G. 203 
 
 Ashby, Briscoe v., 24 G. 454 
 
 Chancellor v., 2 P. & H. 26 
 
 Green v., 6 L. 135 
 
 V. Harrison, 1 P. & H. 1 
 
 1.. Kiger, Gil. 153 
 
 V. Kifier, 3 R. 165 
 
 V. Kiger. 3 R. 50 
 
 M'Gnire v., ^ R. 76 
 
 < . Porter, 26 G. 455 
 
 V. Smith, 1 Bob. 55 
 
 r. Smith, ' 9 L. 164 
 
 Asher ■». Pendleton, 6 6. 628 
 
 Ashley v. Corawell, 2 L. 26S 
 
 Fletcher v., 6 G. 322 
 
 King v., 5 L. 408 
 
 Ash well r. Ay res, 4 G. 2H3 
 
 Atkins V. Lewis, 14 G. 30 
 
 Atkinson r. Ball, 5 R. 446 
 
 Cheshire ?!., IH. &M.210 
 
 Cheshire v., 1 H. & M. 5C2 
 
 V. Christian, 3G. 428 
 
 Colquhoun v., 6 M. 550 
 
 Hamlin v., 6 R. 574 
 
 Holt I'., 2W.143 
 
 V. Robinson, 9 L. 393 
 
 White v., 2 W. 94 
 
TABLE OF CASES. 
 
 603 
 
 Atkinson, White f., 2 C. 376 
 
 Atlantic & Va. Fert. Co. v. Kish- 
 paugh, 32 G. 578 
 
 Attoo's Case, 2 V. C. 382 
 
 Attorney General v. Broaddus, 6 M. 
 
 116 
 
 V. Fenton, 5 M. 292 
 
 Gallego v., 3 L. 450 
 
 Jennings v., 4 H. & 
 
 JI. 4'J4 
 
 V. Tiirpin, 3 H. & 
 
 M. 548 
 
 AtweU V. Milton, ' 4 H. & M. 253 
 
 V. Towles, 1 M. 175 
 
 Wall v., 21 G. 4U1 
 
 Atwood, Mut. Ben. Life Ins. Co. v., 
 
 24 G. 4V.7 
 
 Auditor ». Andrews, 28 G. 115 
 
 V. Chevallie, 5 C. 107 
 
 DeRothschilds v., 22 G. 41 
 
 V. Dryden, 3 L. 703 
 
 V. Dagger, 3 L. 241 
 
 V. Graham, 1 C. 475 
 
 t,. Johnson, 1 H. & M. 5 7 
 
 V. Martin, 4 E. 264 
 
 Moore v., 3 H. & M. 2S2 
 
 V. Nicholas, 2 M. 31 
 
 V. Pauly, 5 C. 331 
 
 Peters »., 33 G. 3m 
 
 Preston »., 1 C. 471 
 
 Segouine v., 4 M. 398 
 
 Steptoe v., 4 M. 221 
 
 Auld V. Alexander, 6 R. 98 
 
 Breckenridge*., 1 Bob. 148 
 
 Austin, Graham v., 2 G. 273 
 
 V. Jones, Gil. 341 
 
 V. Richardson, . 3 C. 201 
 
 V. Richardson, 1 G. 310 
 
 Ross v.. 4 H. & M. 502 
 
 V. Whitlock, 1 M.487 
 
 v. Winston, 1 H. & M. 33 
 
 Averett ». Booker, 15 G. 163 
 
 Avery, Beekwith v., 31 G. 533 
 
 V. Robinson, 4 M. 546 
 
 Avory, Andrews »., 14 G. 229 
 
 Aylett V. Aylett, Wy. 219 
 
 V. KiDg, 11 L. 486 
 
 Miunis «., 1W.300 
 
 Moore v., 1 H. & M. 29 
 
 V. Koane, 1 G. 282 
 
 B. Robinson, 9 L. 45 
 
 Aylor, Nichols v., 7 L. 546 
 
 Ayres' Case, 6 G. 668 
 
 AshwellD., 4G.283 
 
 «. Lewellin, 3 L 609 
 
 Price »., 10 G. 575 
 
 v. Robins, 30 G. 105 
 
 A. Y. Stokes & Co., Richmond v., 31 
 
 G. 713 
 
 Babe, Bagwell v., 1 R. 272 
 
 Baber ». Cook, 11 L. 606 
 
 Bacchus ». Gee, 2 L. 68 
 
 Baccigalnpo's Case, 33 G. 807 
 
 Bacheldor ». Elliott, 1 H. & M. 10 
 
 Backhouse v. Jones, 5 C. 462 
 
 V. Selden, 29 G. 581 
 
 Backus V. Taylor, 6 M 488 
 
 Bacon's Case, 7 G. 602 
 
 Lewis v., 3 H. & .M. 89 
 
 Pate v., 6 M. 219 
 
 Bagby, Guerrant »., 6 M. 160 
 
 Bagwell V. Babe, 1 R. 272 
 
 K.Elliott, 2E. 190 
 
 Spencer v., 6 G. 444 
 
 Bailey's Case, 1 V. C. 258 
 
 V. Bailey, . 21 G. 43 
 
 V. Beekwith, 7 L. 604 
 
 V. Butcher, / 6 G. 144 
 
 V. Clay, 4 K. 346 
 
 Gentry i;., 6G.'594 
 
 Green v., 5 M. 246 
 
 Greenlee v., 9 L. 526 
 
 V. James, 11 G. 468 
 
 v. Poindexter, 14 G. i.Si 
 
 Pretlow V, 29 G. 212 
 
 V Robinsons, 1 G. 4 
 
 V. Teackle, Wy. 173 
 
 Baine, Meek v., 1 H. & M. 339 
 
 Baird v. Blaigrove, 1 W. 1 70 
 
 V. Blaud, 3 M. 570 
 
 V. Bland, 5 M. 492 
 
 Ellis »., 6M.456 
 
 Halley v., 1 H. & M. 23 
 
 Lee v., 4 H. & M. 453 
 
 M'Neil v., 6 M. 316 
 
 V. Mattox, 1 C. 257 
 
 K.Peter, 4M.78 
 
 V. Hice, 1 C. 18 
 
 Skipwith v., 2 W. 165 
 
 Tabb v., 3 C. 475 
 
 Baker's Case, 2 V. C. 353 
 
 V. Baker, 3 M. 223 
 
 Ellis v., 1 R. 47 
 
 Fulcher v., 1 L. 453 
 
 V. Glass, 6 M. 212 
 
 Hopkins »., 2 P. & PL 10 
 
 *. Morris, 10 L. 284 
 
 Pate v., 8 L. 80 
 
 V. Preston, Gil. 235 
 
 Richardson v., 5 C. -114 
 
 Roe v., 4 L. 416 
 
 V. Seekright, 1 H. & M. 177 
 
 Steed v., 1 3 G. 380 
 
 Wallace v., 2 M. 334 
 
 V. Wise, 16 G. 139 
 
 Baldwin v. Darst, 3 G. 126 
 
 Ball's Case, 8 L. 726 
 
 Ex parte, 2 (i. 583 
 
 Atkinson v., 5 R. 446 
 
&04 
 
 TABLE OP CASES. 
 
 Ball V. Ball, 
 r. Ball, 
 I'. Johnson, 
 v. Payne, 
 Ballard v. Leavell, 
 r. Thomas,- 
 r. Whitioek, 
 Ballow V. Hudson, 
 Balte, Kagsdale v., 
 
 27 G. 325 
 
 3 M. 279 
 
 8 G. 281 
 
 6R. 73 
 
 5 C. 531 
 
 19 G. 14 
 
 18 G.235 
 
 13 G. 672 
 
 2 W. 201 
 
 B. & O. E.. E. Co. r. Gallahne, 12 G. 
 
 655 
 
 «. Gallahne, 14' 
 
 G. 563- 
 
 Kidwell «., 11 G. 
 
 676 
 
 tvLaffertys, 14 G. 
 
 478 
 
 V. McCuUough, 12 
 
 G. 595 
 
 K Noell, 32G.394 
 
 «. Polly, 14 G. 447 
 
 v^ Sherman, 30 G, 
 
 602 
 
 V. Wheeling, 13 G. 
 
 40 
 
 V. "Whittington,30 
 
 G. 805 
 
 r. Wightman, 29 
 
 G. 431 
 
 Banistei* v. M'Kenzie, 6 M, 447 
 
 Bank Alexandria v. Patton, 1 Eob. 
 
 499 
 
 Taylor v., 5 L. 471 
 
 "Winchester v., 2 
 
 M. 339 
 
 Bank Greensboro v. Chambers, 30 G. 
 
 202 
 
 Marietta I!. Jackson, 9 L. 240 
 
 V. M'Cally, 2 E. 465 
 
 V. Pindall, 2 E. 465 
 
 Pindall u., 10 L. 481 
 
 V. Wilson, 2 E. 465 
 
 Metropolis v. Jackson, 9 L. 221 
 
 Monnt Pleasant, Wilson v., 6 
 
 L. 570 
 
 Old Dominion v. McVeigh, 20 
 
 G.457 
 
 McVeigh 1)., 26 
 
 G. 188 
 
 McVeighs., 26 
 
 G.785 
 
 v. McVeigh, 29 
 
 G.546 
 
 D. McVeigh, 32 
 
 G. 530 
 
 Yeaton v., 21 
 
 G.593 
 
 Potomac, McLonghlin v., 7 G. 
 
 68 
 
 U. S. V. Berne, 1 G. 234 
 
 Bank U. S, v. Berne, I G. 539' 
 
 V. Carrington, 7 L. 56ff 
 
 Heron »., 5 B. 426 
 
 V. Jackson,, 9 L. 221 
 
 Les v., . 9 L. 200' 
 
 V. Merchants' Bank, 1 
 
 Rob. 573 
 
 Valley v. Marshall, 25 G. 378- 
 
 Stribbling v^ 5 E. 132 
 
 i;. Stribbling, 7 L. 2» 
 
 Virginia v. Boisseau, 8 L. 164 
 
 V. Boisseaa, 12 L. 387 
 
 V. Craig, 6 L. 399 
 
 Overseers Poor v., 2 
 
 G. 544 
 
 Eaine v., 4 G. 150 
 
 Eeynolds v., 6 G. 174 
 
 V. Eobinsoa, 5 G. 174 
 
 Stainback*., 11 G. 260 
 
 Stainback v., IIG. 269 
 
 r. Ward, 6 M, 166 
 
 Washington «-. Arthur, 3 6. 165 
 
 V. Hupp, 10 G. 23 
 
 Bankhead, French v., 11 G. 136 
 
 Banks' Case, 4 C. 338 
 
 V. Andersonr, 2 H. & M. 20 
 
 V. Booth, 6 M. 385 
 
 ■n. Greenleaf, 6 C. 271 
 
 Harvie v., 1 E. 408 
 
 Mountjoy v^ 6 M. 387 
 
 V. Poitiaux, 3 R. 136: 
 
 Bannister v. Shore, 1 W. 173 
 
 White v., 1 W. 16e. 
 
 Baratta, Mitchell v^ 17 G. 445 
 
 Barbee v. Pannill, 6 G. 442 
 
 Barber, Hooe v., 4 H. & M. 439 
 
 Barbour, Haxall v., 15 G. 454 
 
 Quesenberry v., 31 G. 491 
 
 Shelton v., ' 2 W. 64 
 
 Webb v., 4 H. & M. 462 
 
 Barclay, Wilson v., 22 G. 534 
 
 Bardin, Graham d., 1 P. & H. 206 
 
 Bargamin v. Poitiaux, 4 L. 412 
 
 V. Clarke, 20 G. 544 
 
 Barge* v. Buckland, 28 G. 850 
 
 Baring v. Eeeder, 1 H, & M. 154 
 
 Barker's Case, 2 V. C. 122 
 
 Case, 2 L. 719 
 
 V. Barker, 2 G. 344 
 
 Eaines v., 13 G. 128 
 
 Barksdale v. Barksdale. 12 L. 535 
 
 V. Penwick, 4 C. 492 
 
 V. Finney, 14 G. 338 
 
 Garth v., 5 M. 101 
 
 V. Hendree, 2 P. & H. 43 
 
 V. Neal, 16 G. 314 
 
 V. White, 28 G. 224 
 
 Barley, Ins. Co. Valley »., 16 G. 363 
 
 McKee v., 11 G. 340 
 
 Earner, Young v., 27 G. 96' 
 
TABLE OF CASES, 
 
 605 
 
 Barnes, Janney v., 
 Eookbold v., 
 
 Barnett v. Cecil, 
 
 V. Daniielle, 
 HaiTis v., 
 V. ileredith, 
 Peers v., 
 Pepper «., 
 ■V. Sam, 
 r. Smith, 
 V. Spencer, 
 f. Watson, 
 
 Barnetts v. Miller, 
 
 Barnum ». Frost, 
 
 Barr v. Barr, 
 V. "White, 
 
 Barrett's Case, 
 
 11 L. 100 
 :i E. 473 
 21 G. 93 
 3 C. 413 
 3 G. 323 
 
 10 G. 650 
 
 12 G. 410 
 
 22 G. 405 
 Gil. 232 
 
 5 C. 98 
 
 2 H. & M. 7 
 
 1 W. 372 
 
 23 G. 551 
 17 G. 398 
 
 2 H. & M. 26 
 30 G. 531 
 9 L. 665 
 
 Commonwealth, 27 G.llO 
 
 i: Floyd, 
 V. Morris, 
 Euffners v., 
 V. Tazewell, 
 Tazewell d., 
 V. Wills, 
 Woodson ('., 
 Barrow, Arnold v., 
 Bartlett's Case, 
 
 Quid ('., 
 Weeden v., 
 Bartley v. M'Kinney, 
 
 V. Yates, 
 Bartly, Linton v., 
 Barton, Brooke v., 
 V. Bowen, 
 Greenhow v., 
 Barzizas v. Hopkins, 
 Baskerville, M'Daniel «., 
 
 Stott v., 
 Bass V. Bass, 4 H 
 
 Elam V. , 
 V. Scott, 
 Bassett v. Cunningham, 
 V. Cunningham, 
 Fisher v.. 
 Bates V. Gordon, 
 V. Halman, 
 M'Ra« v., 
 Battaile, Metcalfe v., 
 Batte, Hannon v., 
 Batton, Glasscock v., 
 Baugh, Gregory v., 
 Gregory v., 
 Harper v., 
 Bansemer, Morrison ?', 
 Baxter, Davis v., 
 V. Moore, 
 Baylor ■». Dejarnette, 
 Hansbrough v. 
 Hogshead v., 
 ■Kennedy v., 
 
 3 C. 531 
 33 G. 273 
 6 M. 207 
 
 1 C. 215 
 4 H. & M. 259 
 
 4 L. 114 
 2 H. & M. 80 
 
 2 P. & H. 1 
 
 1 L. 586 
 
 28 G. 1 
 
 6 M. 123 
 28 G. 750 
 
 2 H. & M. 398 
 
 9 L. 444 
 
 6 M, 306 
 
 27 G. 849 
 
 1 M. 590 
 
 2 E. 276 
 11 G. 238 
 
 6M. 20 
 & M. 478 
 
 4 M. 301 
 
 2 L. 356 
 9 G. 684 
 
 7 L. 402 
 9 L. 119 
 
 3 a 555 
 & M. 502 
 
 4 H. & M. 490 
 Gil. 191 
 
 5 JI. 490 
 6R. 78 
 
 4 E. 611 
 2 L. 665 
 9 6. 508 
 
 32 G. 225 
 
 6 H. 133 
 
 5 L. 219 
 13 G. 152 
 
 2M. 36 
 
 16 G. 99 
 
 1 W. 162 
 
 3H. 
 
 2 P. 
 
 Baylor, Pollard v., 
 Pollard v., 
 Tod v., 
 Bayly v. Chubb, 
 MuUer v., 
 Bayse, Eixey v.. 
 Beach v. Trudgain, 
 Beal V. Gibson, 
 
 Winslow v., 
 Beale v. Botetourt, 
 Bush v., 
 Cooke v., 
 V. Digges, 
 V. Downman, 
 Dunbar v., 
 Fitzhugh v., 
 Hume v., 
 Mercer v., 
 V. Seivelej', 
 Shermer «., 
 Taylor v., 
 ■u, Wilson, 
 Beall V. Cookburn, 
 V. Edmondson, 
 V. Silver, 
 V. Taylor, 
 Bean v. Simmons, 
 Summers v., 
 Beaue v. Yerby, 
 Beasley v. Owen, 
 
 ■u. Eobinson, 
 Beattie v. Tabb, 
 Beatty, Blessing v., 
 Graysons v., 
 V. Smith, 
 V. Smith, 
 Beauchler, Walker v., 
 Beaumarchais' Case, 
 Beazley, Stubblefield v., 
 Beck V. De Baptists, 
 
 Taylor v., 
 Beckham, Gibson v., 
 Stearns v., 
 Williamson v.. 
 Beckley's Case, 
 
 V. Palmer, 
 Beckwith v. Alexander, 
 V. Avery, 
 Bailey »., 
 V. Butler, 
 V. Hooe, 
 Bedford v. Hickman, 
 Bedgood, Miars v., 
 Bedinger's Case, 
 Case, 
 
 V. Wharton, 
 Beers v. Spoon'er, 
 Beery v. Homan, 
 V. Irick, 
 V. Irick, 
 
 H. & M. 223 
 
 6 IVf . 433 
 
 4 L. 498 
 
 16 G. 284 
 
 21 G. 521 
 
 4 L. 330 
 
 2G.219 
 
 H. & M. 481 
 
 6 0.44 
 
 10 G. 278 
 
 1 G. 229 
 
 1 W. 313 
 
 6 G. 582 
 1 C. 249 
 
 5 M. 34 
 4 M. 186 
 
 3 M. 226 
 
 4 L. 189 
 
 8 L. 658 
 
 1 W. 11 
 4G. 93 
 
 4 M. 380 
 4 C. 162 
 3 C. 514 
 
 2 E. 401 
 
 2 G. 533 
 
 9 G. 389 
 13 G. 404 
 12 G. 2,39 
 
 H. & M. 449 
 24 G. 325 
 
 2 M. 254 
 1 Rob. 287 
 
 10 L. 57 
 H. & M. 395 
 
 5M. 39 
 27 G. 511 
 
 3 C. 122 
 5G. 51 
 
 4 L. 349 
 
 3 E. 316 
 16 G. 321 
 
 31 G. 379 
 8L. 20 
 40. 4 
 
 11 G. 625 
 Wy. 190 
 
 31 G. 533 
 
 7 L. 604 
 1 W. 224 
 Wy. 190 
 
 5 C. 236 
 9 L. 361 
 
 IV. C. 125 
 
 3 C. 461 
 
 27 G. 857 
 
 9 L. 153 
 
 8G. 48 
 
 22 G. 484 
 
 22 G. 614 
 
606 
 
 TABLE OF CASES. 
 
 Bees n's Case, 3 L. 831 
 
 V. Stephenson, 7 L. 107 
 
 Beirn , Bank U. S. v., 1 G. 539 
 
 Bank V. S v., 1 G. 234 
 
 V. Campbell, 4 G. 125 
 
 D. Dunlapv 8 L. 514 
 
 M'CIung v., 10 L. 394 
 
 V. Eosser, 26 G. 537 
 
 Vq. Bank Md., v., 1 G. 226 
 
 Belches, Allen v., 2 H. & M. 595 
 
 Brown v., 1 W. 9 
 
 "Wes.t«, 5M. 187 
 
 Bell's Case, 7 G. 646 
 
 Case, 7 G. 201 
 
 Case, 8 G. 600 
 
 V. Alexander, 21 G. 1 
 
 D.Allen, 3M.119 
 
 D. Bua:g, 4 M.260 
 
 V. Calhoun, 8 G. 22 
 
 Cosby v., 6 M. 282 
 
 I'. CrawfoT^, 8G. 110 
 
 V. Gillespie, 5 E. 273 
 
 V. Hammond, 2 L. 416 
 
 Mackej v^ 3 H. & M. 199 
 
 Maekey v., i 2 M. 523 
 
 Marlow v., 13 G. 527 
 
 ti. Marr, 1 C. 47 
 
 Mills v., 3 C. 320 
 
 Poage «., 3 K. 586 
 
 Poage a, 8 L. 604 
 
 Shobe v., 1 E. 39 
 
 D. Snyder, 10 G. 350 
 
 Taiden ?>., 3 R. 448 
 
 Wilson v^ 1 L. 22 
 
 EeltfCarrington v^ 6 M. 374 
 
 Belton u Appeison, 26. (j. 207 
 
 Belvin, Burgess v^ 32 G. 633 
 
 Ben V. Peete, 2 li. 539 
 
 EuddleB., 10 L. 467 
 
 Bennet's Case, 2 V. C. 235 
 
 CU9&, 2 "W. 154 
 
 Bennett's Case, 8 lU 745 
 
 Carrinigtam «■., 1 L. 340 
 
 Chapman d., 2 L. 329 
 
 » Claiborne, 23 G. 366 
 
 Finney v^ 27 G. 365 
 
 V. Harijawapy, 6 M. 125 
 
 Harwell v., 1 E. 282 
 
 ». Hunter, 18 G. 100 
 
 V. Loyd, 6 L. 316 
 
 V. Maule, Gil. 305 
 
 Tanner ir., 33 G. 251 
 
 V. Toleii 15 G. 588 
 
 WHkinson w., 3M. 314 
 
 Benson, Leake », 29 G. 153 
 
 TimbeTlalEe k, 2 V. C. 348 
 
 Bent ». Patten, 1 E. 25 
 
 Beutley v. Harris, 
 Mayo «., 
 V. Eoan, 
 
 2 G. 357 
 4 C. 528 
 4 C. 153 
 
 Bentley, Ronald v., 4 H. & M. 461 
 
 Eowe v., 29 G. 756 
 
 Bently ». Harmanson, 1 W. 273 
 
 Berkeley, Blincoe d., 1 C. 405 
 
 Leftwich v., 1 H. & M. 61 
 
 V-. Smith, 27 6. 892 
 
 Berkley, Cook v., 3 C. 378 
 
 Emerson v., 4 H. & M. 441 
 
 Hawkins tr., 1 W.264 
 
 Berkshire v. Evans, 4 L. 223 
 
 Bernard, Anderson «!., IW. 186 
 
 •v. Brewer, 2 W. 76i 
 
 V. Hipkins, 6 C. 101 
 
 Hipkins «r., 2 B. & M. 21 
 
 Hipkins v^ 4 M. 83 
 
 Jettu., 3C. 11 
 
 V. Maury, 20 G. 434 
 
 V. Scott, 3 E. .'522 
 
 Tuberville »r, 7 L. 302 
 
 Berry, Kison ■»., 4 E. 275 
 
 Berryman, Gray sr., 4 M. 181 
 
 Bettsir. Cialle, 1 M. 238 
 
 Betty -e. Horton^ 5 L. 615 
 
 Smith « , 11 G. 752 
 
 Beuhring, Goare ir., 6 L. SS-S 
 
 Bentel, Stott v., 23 G. 1 
 
 Beveridge ■». Lacey, 3 E 63 
 
 Beverley «. Brooke, 2 L. 425 
 
 *. Brooke, 4 G. 187 
 
 Chew i;., 4 R. & M. 409 
 
 Corbiuir, 4H. &M.448 
 
 ». Ellis, 1 E. 102 
 
 *. Ellis, 10 L. 1 
 
 %. Fogg, 1 ( ;. 484 
 
 ». HoInMS, 4 M. 95 
 
 Kinney ir., 2 H. & M. 318: 
 
 Kinney v^ 1 H. & M. 531 
 
 ». Lawson, 3 M. 317 
 
 Martin v^ 5 C. 444 
 
 Miller v., 1 H. & M. 368 
 
 Miller «T 4H.&M. 415 
 
 ». Miller, 6 M. 99 
 
 «. Pickett, 2 L. 425 
 
 ». Eemiolcis, Wy. 121 
 
 »r. Scott, 4 (..187 
 
 Tapp »■., 1 L. 80 
 
 t. Walden, 30 6. 147 
 
 BeTill, Frazier »., 1 \ G. Qi 
 
 Bias V. Fi>y€t, 7 Ij. e4» 
 
 Bibb V. Canthome, 1 W. 91 
 
 I>n-«al r., 3 C. 36-i 
 
 Duval »„ 4 H. & M. 113 
 
 Pleasants D-T. 1 W.S 
 
 Bickle, Mofltett «., 21 G. 280 
 
 Bidgood *. Bi'ooldyn Ins^ Co., 28 G. 
 
 290 
 
 Bier v. Itozier, 24 G. 1 
 
 Bierly v. Williams, 5 L. 700 
 
 Bieme v. Erskine, 5 L. 59 
 
 V. Marnij 5 L. 364 
 
TABLE OF CASES. 
 
 607 
 
 Biggers v. Alderson, 1 H. & M. 54 
 
 Alderson v., 4 H. & M. 470 
 
 Aldersou v., 4 JI. 5?8 
 
 Bill gerry v. Branch , 19 G. 393 
 
 Billips, Lewis v., 1 L. 353 
 
 Bills V. Harris, 2 V. C. 26 
 
 Billups, Bramble v.; 4 L. 90 
 
 V. Sears, 5 G. 31 
 
 Binford v. Robin, ] G. 3-27 
 
 Tabb v., 4 L. 133 
 
 Bingham, Bowles v., 2 M. 442 
 
 Binns, ]-arowe v„ 1 V. C. 203 
 
 V. Waddill, 32 G. 588 
 
 Birch V. Alexander, 1 W. 34 
 
 Birchett's Case, 2 V. C. 51 
 
 V. Boiling, 5 M. 442 
 
 Haffey?)", .11 L.83 
 
 Sturdivant ?)., lOG. 67 
 
 Townes «., 12 L. 173 
 
 Bird's Case, 21 G. 800 
 
 Allen v., 6 M. 108 
 
 c. Bird, 21 G. 712 
 
 Griffith «., 22 G. 73 
 
 James v, 8 L. 510 
 
 ■V. Vance, 4 M. 364 
 
 V. Wilkinson, 4 L. 266 
 
 Bishop's Case, 13 G. 785 
 
 V. Bishop, 2 L. 484 
 
 V. Harrison, 2 L. 532 
 
 Birthright v. Hall, 3 >I. 536 
 
 Black V. Gil more, 9 L. 446 
 
 Mills V, 1 C. a41 
 
 Blackburn, Kelso v., 3 L. 299 
 
 Blackford v. Hurst, 26 G. 203 
 
 McCormick v., 4 G. 133 
 
 Blackstone, Eeid v., 14 G. 363 
 
 Elackwell,Foushee«., 1 Kob. 48-1 
 
 Smith v., 31 G. 291 
 
 V. Wilkinson, J. 73 
 
 Blaigrove, Baird v., 1 W. 170 
 
 Blair's Case, 25 G. 850 
 
 Buckner v., 2 M. 336 
 
 «). Owles, 1 M.38 
 
 V. Thompson, 11 G. 441 
 
 V. Wilson, 28 G. 165 
 
 Blake, Janey v., 8 L. 88 
 
 Blakeley's Case, 1 V. C. 129 
 
 Blakemore, Sam v., 4 E. 466 
 
 Blakeney, United States v., 3 G. 387 
 
 Blaker, Heath v., 2 V. C. 215 
 
 Blakey, Newbv »., 3 H. & M. 57 
 
 V. Newby, 6 M. 64 
 
 V. West, 3 M. 75 
 
 Bland & Giles County Judge Case, 
 
 33 G. 443 
 
 Bland, Baird v., 3 M. 570 
 
 Baird v., 5 M. 492 
 
 V. Wyatts, 1 H. & M. 543 
 
 Blane, Honkins v., 1 0. 361 
 
 V. Proudfit, 3 C. 207 
 
 Blane v. Sansum, 2 C. 495 
 Blaukenbeker v. Blankenbeker, 6 M. 
 
 427 
 
 Blankenpickler v. Anderson, 16 G. 59 
 
 Blanks v. Foushee, 4 M. 61 
 
 Blannerhasset, Miller v., 5 M. 197 
 
 Blanton v. Brackett, 5 C 232 
 
 V. Taylor, Gjl. 209 
 
 Bledsoe's Case, 6 R. 673 
 
 Blessing v. Beatty, 1 Bob. 287 
 
 Blevin's Case, 5 G. 703 
 
 Blincoe v. Berkeley, 1 C. 405 
 
 Blose, Miller v., 30 G. 744 
 
 Blosser v. Harshbarger, 21 G. 214 
 
 Blow, Hubbard v., 4 C. 224 
 
 Hubbard v., 1 W. 70 
 
 Lawrence v., 2 L. 29 
 
 V. M aynard, 2 L. 29 
 
 V. Taylor, 4 H. & M. 159 
 
 Blue, George v., 3 C. 455 
 
 Blunt's Case, 4 L. 689 
 
 Butts v., 1 R. 255 
 
 V. Gee, 5 C. 481 
 
 Blythe, Brockenbrough v., 3 L. 619 
 
 Boak, LecB., IIG. lt-2 
 
 Board, Jeter I-., 27 G. 910 
 
 Staats v., 10 G. 400 
 
 Board Pub. W., Enders v., 1 G. 364 
 
 Kelly v., 25 G. 755 
 
 Supervisors Culpeppr«. Gor- 
 
 rell, 20 G. 484 
 
 Supervisors Washington v. 
 
 Dunn, 27 G. 608 
 
 Boardman, Hardman v., 4 L. 377 
 
 Boast, Jackson v., 2 V. C. 49 
 
 M'Rae v., 3 E. 481 
 
 Boatright v. Meggs. 4 M. 145 
 
 Boatwright, Peasley v., 2 L. 195 
 
 Bojz V. Haraner, 27 G. 382 
 
 Walkers v., 2 Kob. 485 
 
 Bob, Winn v., 3 L. 140 
 
 Bogart's Case, 10 L. 693 
 
 Boggess V. Boggess, 6 M. 486 
 
 Chichester v., 5 M. 98 
 
 Phoebe v., 1 G. l'. 9 
 
 Bogle V. Conway, 3 C. 1 
 
 V. Fitzhugh, 2 W. 213 
 
 V. SuUivant, 1 C. 561 
 
 V. Vowles, 1 C. 244 
 
 Bohanuan, Van Lew v., 4 R. 537 
 
 Bohn V. Sheppard, 4 M. 403 
 
 Boisseau v. Aldridges, 5 L. 222 
 
 BankofVa. D., 12 L. 387 
 
 Bank of Va. v., 8 L. 164 
 
 Jlay v., 8 L. 164 
 
 May v., 12 L. 512 
 
 Bolanz's Case, . 24 G. 31 
 
 Bollar, Henry v., 7 L. 19 
 
 Boiling, Birchett v., 5 M. 442 
 
 V. Boiling, 5 M. 334 
 
608 
 
 TABLE OF CASES. 
 
 Boiling, Fleming v., 3 C. 75 
 
 Fleming v., 8 G. 292 
 
 v. Harrison, 2 P. & H. 532 
 
 r. Lesner, 25 G._36 
 
 V. Mayor Petersburg, 8'L. 
 
 224 
 
 r. Mayor Petersburg, 3 E. 
 
 563 
 
 V. Eobertson, 6 M. 220 
 
 V. Stokes, 2 L. 178 
 
 V. Turner, 6 R. 584 
 
 Bond, Horton v., 28 G. 815 
 
 Mason v., 9 L. 181 
 
 Bondurant, Patteson v., 36 G. 94 
 
 Bonner, Brown v., 8 L. 1 
 
 Bonney, Gornto i'., 7 L. 234 
 
 Booker, Averett i)., 15 G. 163 
 
 V. Booker, 39 G. 605 
 
 Branch v., ' 3 M. 43 
 
 V. Klrkpatrick, 26 G. 145 
 
 V. M'Eoberts, 1 C. 243 
 
 V. Young, 12 G. 303 
 
 Booten v. Scheffer, 21 G. 474 
 
 Booth's Case, 6 R. 669 
 
 Case, 2 V. C. 394 
 
 Case, 4 G. 525 
 
 V. Armstrong, 2 W. 301 
 
 Banks v., 6 M. 385 
 
 Clarkson v., 17 G. 490 
 
 V. Commonwealth. 16 G. 519 
 
 V. Kesler, ' 6 6. 350 
 
 I). Kinsey,- 8G.560 
 
 Page v., 1 Kob. 161 
 
 Boothe, Earp v., 24 G. 368 
 
 Borden, Harvey «., 2 W. 156 
 
 Borst V. Nalle, 28 G. 423 
 
 Bossieux, laege v., 15 G. 83 
 
 Boswell's Case, 20 G. 860 
 
 Charron v., 18 G. 216 
 
 V. Flockheart, 8 L. 364 
 
 v. Jones, 1 "W. 322 
 
 Botetourt, Beale v., 10 G. 278 
 
 Bottom, Anglin v., 3 G. 1 
 
 Botts V. Pollard, 11 L. 433 
 
 V. Tabb, 10 L. 616 
 
 Boughau, Wood v., 1 C. 329 
 
 Bouldin ex parte, 6 L. 639 
 
 Boulware v. Newton, 18 G. 708 
 
 Bonrke v. Granberry, Gil. 1 6 
 
 Bourland v. Eidson, 8 G. 27 
 
 Bourn, Johnson v., 1 W. 187 
 
 Bourne v. Mechan, 1 G. 292 
 
 Boush, Moseley v., 4 R. 392 
 
 Bowen, Barton v., 27 G. 849 
 
 Campbells'!)., 1 Rob. 241 
 
 Preston v., 6 M. 271 
 
 Bower, Gleu^enning v., 4 M. 219 
 
 Johnston v., 4 H. & M. 476 
 
 Johnston v., 4 H. & M. 487 
 
 V. McCormick, 23 G. 310 
 
 Bowers v. Bowers, 
 V. Millar, 
 
 Bowie, Williamson r. 
 
 Bowler v. Huston, 
 
 Bowles 4). Bingliam, 
 Camjjbell i>., 
 v. Elmore, 
 Winn v., 
 V. Woodson, 
 
 Bowman, Branch v., 
 Hayes v., 
 [iil v., 
 
 29 G. 697 
 3 M. 492 
 
 6 -M. 176 
 
 30 G. 266 
 2 M. 442 
 30 G. 652 
 
 7G. 385 
 6M. 23 
 6G. 78 
 2 L. 170 
 1 R. 417 
 
 7 L. 650 
 
 I'. M'Chcsney, 22 G. 609 
 
 V. Miller, 25 G. 331 
 
 Moffett v., 6 G. 219 
 
 Neilson v., 29 G. 732 
 
 Bowyer ■». Anderson, 2 L. 550 
 
 V. Chestnut, 4 L. 1 
 
 V. Creigh, 3 R. 25 
 
 V. Hewitt, 2 G. 193 
 
 Hill v., 18 6. 364 
 
 V. Hughart, 9 G. 336 
 
 V. Lewis, 1 H. & M. 554 
 
 V. Martin, 6 E. 525 
 
 «. The Giles, Fayette & Kan. 
 
 Turnpike Co., 9 G. 109 
 
 Todd v., 1 M. 447 
 
 Wrightsman, 24 G. 433 
 
 Boxley's Case, 24 G. 649 
 
 Wade v., 5 L. 442 
 
 Boyee v. Smith, 9 G. 704 
 
 Boyd's Case, 1 Rob. 691 
 
 1!. Boyd, 3 G. 109 
 
 II. City Sav. Bank, 15 G. 501 
 
 V. Cook, 3 L. 32 
 
 Fry v., 3 G. 70 
 
 V. Hamilton, 6 M. 459 
 
 Hannah v., 25 G. 692 
 
 V. Kaufmans, 6 M. 45 
 
 V. Magruder, 2 Rob. 761 
 
 Markham v., 22 G. 544 
 
 i:. Oglesby, 23 G. 674 
 
 r. Overby, 11 G. 202 
 
 V. Stainback, 5 M. 305 
 
 Steele v., 6L.'547 
 
 Tabb v., 4 C. 453 
 
 Tardy v., 26 G. 631 
 
 Boyden v. Lancaster, 2 P. & H. 198 
 
 Boykin v. Smith, 3 M. 102 
 
 Boyle's Case, 14 G. 674 
 
 Corprew v., 24 G. 284 
 
 u. Townes, 9 L. 158 
 
 Boyuton v. M'Neal, 31 G. 456 
 
 Brachan v. Griffin, 3 C. 433 
 
 Bracken v. Wm. & Mary Col., 1 C. 
 
 161 
 
 V. Wm. & Mary Col., 3 C. 
 
 573 
 
 Brackett, Blantou v., 5 C. 232 
 
TABLE OF CASES. 
 
 609 
 
 Braddick, Eobertsoni)., IH. A M. 21 
 
 Bradford v. Bradford, J. 86 
 
 Garrett v., 28 G. 609 
 
 Henry v., 1 Eob. 53 
 
 Rankin v., 1 L. 163 
 
 Bradley, Flemming v., ■ 1 C. 203 
 
 V. Mosby, 3 C. 50 
 
 V. Welch, 1 M. 284 
 
 Bradshaw v. Commonwealth, 16 G. 
 
 507 
 
 Evans v., 10 G. 207 
 
 Jones v., 16 G. 355 
 
 Bragden i'. Owners Wenonah, 21 G. 
 
 685 
 
 Bragg V. Murray, 6 M. 82 
 
 Woottenii., IG.l 
 
 Bramble r. Billups, 4 L. 90 
 
 Branch's Case, 2 C. 510 
 
 Case, 1 H. & M. 479 
 
 Billgerry v., 19 G. 393 
 
 r. Booker, 3 M. 43 
 
 V. Bowman, 2 L. 170 
 
 c. Burnley, 1 C. 147 
 
 Kevan v., 1 G. 274 
 
 t: Randolph, 3 C. 546 
 
 V. Webb, 7 L. 371 
 
 Branch Bank, Tompkins v., 11 L. 
 
 372 
 
 Brander v. Chesterfield Jus., 5 C. 548 
 
 Brannaman, Tarns v., 23 G. 809 
 
 Branscum, Hale v., 10 G. 418 
 
 Bransford. Stevens v., 6 L. 246 
 
 Branson, Harvey v., 1 L. 108 
 
 Sanders o., 22 G. 364 
 
 Brawford,Keyton v., 5 L. 39 
 
 Brawley v. Catron, 8 L. 522 
 
 Braxton v. Andrews, 2 C. 357 
 
 Campbell I)., 4 H. & M. 446 
 
 V. Coleman, 5 C. 433 
 
 ■V. Gaines, 4 H. & M. 151 
 
 V. Gregory, Wy. 73 
 
 V. Harrison, 11 G. 30 
 
 V. Hilyard, 2 M. 49 
 
 Lee«., 5C. 459 
 
 V. Lee, 4 H. & M. 376 
 
 V. Lipscomb, 2 M. 282 
 
 Love v., Wy. 144 
 
 Love V.J 5 C. 537 
 
 V. Morris, 1 W. 380 
 
 V. Willing, 4 C. 288 
 
 V. Winslow, 1 W. 31 
 
 V. Winslow, 4 C. 308 
 
 V. Wood, 4 G. 25 
 
 Bray v. Dudgeon, 6 M. 132 
 
 Dunn V.J 1 C. 338 
 
 Bream v. Cooper, 5 M. 7 
 
 ■V. Marsh, 4 L. 21 
 
 Breathed v. Smith, 1 P. & H. 301 
 
 Breekenridge v. Auld, 1 Eob. 148 
 
 Pitman v., 3 G. 121 
 
 , Brown e., 
 
 I H. & M. 4 
 
 ■('. Dofd, 
 
 Gil. 211 
 
 V. Green, 
 
 6L. 16 
 
 Moran v.. 
 
 25 G. 104 
 
 V. P6yton, 
 
 1 Rob. 604 
 
 V. Porter, 
 
 J. 72 
 
 V. Richards, 
 
 2G539 
 
 V. Washington, 18 G. S26 
 
 Brewer, Bernard v., 2 W. 76 ' 
 
 V. Harris, 5 G. 285 
 
 I-. Hastie, 3 C. 22 
 
 V. Opie, 1 C. 212 
 
 V. Tarpley, 1 W. 363 
 
 Brewis, Ferrill «., 25 G. 765 
 
 Brickey, Haseltine v., 16 G. 116 
 
 Brickhouse v. Hunter, 4 H. & M.363 
 
 Bridges, Hopkirk v., 4 H. & M. 413 
 
 Briens v. Pittman, 12 L. 379 
 
 Briggs V. Hall, 4 L. 484 
 
 Leslie v., 5 L. 6 
 
 Smithson c , 33 G. 180 
 
 Briscoe v. Ashby, 24 G. 454 
 
 Bristow's Case. 15 G. 634 
 
 Case, 6 C. 60 
 
 Britton, Payne v., 6 E. 101 
 
 Smith v., 2 P. & H. 124 
 
 V. William^ 6 M. 453 
 
 Brizendiue v. Tisdale, 5 L. 51 
 
 Broadnax, Ragland v., 29 G. 401 
 
 Broadus, in re, 32 G. 779 
 
 V. Eosson, 3 L. 12 
 
 Broaddus, Attorney Gen., 6 M. 116 
 
 V. Turner, 2 R. 5 
 
 V. Turner, 5 R. 308 
 
 Broadfoot v. Dyer, 3 M. 350 
 
 Brock's Case, 6 L. 634 
 
 Harrison v., 1 M. 22 
 
 Janes v., 10 G. 21] 
 
 ■V. Philips, 2 W. 68 
 
 41. Rice, 27 G, 812' 
 
 Robinson v., 1 H. & M. 213 
 
 Brockenbrough v. Blythe, 3 L. 619 
 
 V. Brockenbrough, 
 
 31 G. 580 
 
 Faulkner v., 4 R. 245 
 
 v. Hackley, 6 C. 51 
 
 V. Jas. E. & Kan. 
 
 Co., 1 P. & H. 94 
 
 Richards v., 1 R. 449 
 
 V. Spindle, 17 G. 21 
 
 V. Ward, ■ 4 R. 352 
 
 Broddus v. M'Call, 3 C. 546 
 
 Brogy's Case, 10 G. 722 
 
 Bronaughs v. Freeman 2 M. 266 
 
 Brook V. Washington, 8 G. 248 
 
 Brooke v. Barton, 6 M. 306 
 
 Beverley v., 4 G. 187 
 
 Beverley v., 2 L. 425 
 
 V. Croxton, 2 G. 506 
 
 «. Gordon, 2 C. 212 
 
 77 
 
610 
 
 TABLE OF CASES. 
 
 Brooke )i. Roane, 1 C. 205 
 
 t;. Shaoklett, * 13 G. 301 
 
 V. Young, 3 R. 106 
 
 Brooking, Meade v., 3 M. 548 
 
 Brooklyn Ins. Co., Bidgood v., 28 G. 
 
 290 
 
 Brook's Case, 4 L. 669 
 
 ' Case, 2 Kob. 485 
 
 V. Calloway. 12 L. 466 
 
 V. Hatch, 6 L. 534 
 
 M'Rae i;., 6 M. 157 
 
 Moore v., 12 G. 135 
 
 V. Scott, 2 M. 344 
 
 r. Wilcox, 11 G. 411 
 
 Brough V. Higgins, 2 G. 408 
 
 Broughton v. Coffer, 18 G. 184 
 
 Bronn v. Hull, 33 G. 23 
 
 Brown's Case, 11 L. 711 
 
 Case, 9 L. 633 
 
 Case, 2 Y. C. 516 
 
 Case, 5 C. 569 
 
 Case, 2 L. 769 
 
 ■». Armistead, 6 E. 594 
 
 V. Belches, 1 W. 9 
 
 V. Bonner, 8 L. 1 
 
 «. Brent, IH. &M.4 
 
 V. Brown, • 2 "W. 151 
 
 V. Brown, 31 G. 502 
 
 Burton v., ■ 22 G. 1 
 
 t). Campbell, 33 G. 402 
 
 Carthrae c, 3 L. 98 
 
 Carroll v., 28 G. 791 
 
 Clark v.. 8 G. 549 
 
 Cowles v., 4 C. 477 
 
 Creel v., 1 Rob. 265 
 
 ?'. Crippin, 4 H. & M. 173 
 
 ('. Dickenson, 27 G. 690 
 
 V. Ferguson, 4 L. 37 
 
 Field r., 24 G. 74 
 
 V. Garland, 23 G. 173 
 
 V. Garland, 1 W. 221 
 
 V. George, 6 G. 424 
 
 r. Glascock, 1 Rob. 461 
 
 Gordon v., 3 H. * M. 219 
 
 V. Griffith, 6 M. 450 
 
 V. Handley, 7 L. 119 
 
 Harriman v., 8 L. 697 
 
 II. Hendersons, 4 M. 492 
 
 Higgjnbotham v., 4 M. 516 
 
 r. Higgiubotham, 5 L. 583 
 
 Higginbotham v., 22 G. 323 
 
 '0. Hume, 16 G. 456 
 
 Johnson v., • 3 C. 259 
 
 r. Johnson, 13 G. 644 
 
 V. Lambert, 33 G. 256 
 
 Leslie)',, IP. &H.216. 
 
 Little v.. 2 L. 353 
 
 Lyons v., (.il, 105 
 
 M'Chesney v., 25 G. 393 
 
 M'Danlel ('., 8L.218 
 
 Brown v. M'Rae. 4 M. 4391 
 
 M'Bae v., 2 M. 46 
 
 V. Matthews, 1 R. 462 
 
 V. May, 1 M. 288 
 
 Michauxu, 10 9. 612 
 
 V. Molineaux, 21 G. 539 
 
 Parker v., 6 G. 554 
 
 Plainville »., 4 H.& M. 482 
 
 V. Putney, 1 W. 309 
 
 V. Balston, 4 R. 504 
 
 V. Ralston, 9 L. 532 
 
 Randolph v., 2 V. C. 351 
 
 V. Rice, 26 G. 467 
 
 V. Ross, 6 M. 391 
 
 V. Shields, 6 L. 440 
 
 Sitlingtons v., 7 L. 271 
 
 V. Speyers, 20 G. 296 
 
 Steele v., 2 V. C. 346 
 
 V. Street, 6 R. 1 
 
 V. Taylor, 32 G. 135 
 
 V. Toell, 5 R. 543 
 
 V. Wilson, 4 H. & M. 481 
 
 Browne v. Ross, 4 C. 221 
 
 Smith v., 9 L. 293 
 
 Taylor v^ 2 L. 419 
 
 V. Turberville, 2 C. 390 
 
 Browning «. Headley, '- 2 Rob. 340 
 
 Price v., 4 G. 68 
 
 Brownlow, Stanard f\ 3 M. 229 
 
 Brown well's Case, 2V. (;. S!23 
 
 Broy lea. Huff i'., 26 G. 283 
 
 Bruce, Frederick Jus. v.,. 4 G. 281 
 
 Taylor v., Gil. 42 
 
 Brugh V. Shanks, ' 5 K 598 
 
 Brumbaugh v. Wissler, 25 G. 463 
 
 Bramfield, Mortimer v.. 3 M. 122 
 
 Brummel i;. Enders, 18 G. 873 
 
 f. Hill, 18 G 873 
 
 f. .1. Gray's Sons. 18 G.873 
 
 Bruue, Enders v., 4 R. 438 
 
 Kirkland r., 31 G. 126 
 
 Bryan, Coalter i:, 1 G. 18 
 
 , »;. Cole, 10 L. 497 
 
 V. Hyre, 1 Rob. 94 
 
 i: Lofftus, 1 Rob. 12 
 
 V. M'l. uUoch, 2 G. 17.=> 
 
 V. Siilyards, 3 G. 179 
 
 V. Stump, 8 G. 241 
 
 Bryant's Case, 2 V. C. 465 
 
 Marks r., 4 H. & M. 91 
 
 Bryce, Sampson v^ 5 M. 175 
 
 n. Stevenson, 2 R. 438 
 
 Brydie v. Langham, 2 W. 72 
 
 Buchanan, Cirode v., 22 G. 205 
 
 «. Clark, 10 G. 164 
 
 Doswell i'., 3 L. 365 
 
 i.. King, 22 G. 414 
 
 ,;. Leeright,lH.&M.2n 
 
 V. Maynadier, 6 C. 1 
 
 Towler v., 1 C. 187 
 
TABLE OF CASES. 
 
 611 
 
 Buchanan, 'Wilson v., 
 Buck, Cheatham v., 
 Clarke v., 
 V. Copland, 
 Dunbar ii., 
 ■c. Fouchee, 
 Greenhow c, 
 King v., 
 Moseley t'., 
 V. Pennybacker, 
 V. Wroten, 
 Buckland's Case, 
 
 Barger v., 
 Buckles V. Lafferty, 
 Buckner v. Blair, 
 Green, v., 
 V. Mackay, 
 V. Smith, 
 Buford r. Buford, 
 V. Pollock, 
 Quarles v^ 
 BuflSngton, Johnson v. 
 Bngg, Bell v., 
 
 Garland v., 
 Garland »., 
 Gwinn v., 
 Bull's Case, 
 
 V. Douglas, 
 HiU v.. 
 V. Bead, 
 Bullett, Hammett v., 
 Bullitt V. Songster, 
 v. Winstons, 
 Bollock, Anderson v., 
 V. Goodall, 
 Goodall v., 
 V. Irvine, 
 V. Sebrell, 
 Bumgardner v. Allen, 
 
 Sillings v.. 
 Bunting v. Willis, 
 Burbridge v. Higgins, 
 Burch, Cordle v., 
 Enders v., 
 V. Hardwicke, 
 V. Hardwicke, 
 Markle v., 
 ■u. White, 
 Burchard v. Wright, 
 Burcher's Case, 
 Burckhardt, O. D. S. Co, 
 Burdett, Taylor v., 
 Burfoot V. Burfoot, 
 
 Cheatham v., 
 Wilson v., 
 Burgess' Case, 
 
 V. Belvin, 
 Burwell v., 
 Rose v., 
 Burging v. M'Dowell, 
 
 IH. 
 
 7G. 334 1 
 
 Burk V. Tregg, 
 
 2 W,215 
 
 9 L. 580 
 
 Burke, Alex., L. & H. 
 
 R. R. Co. v., 
 
 1 L. 487 
 
 
 22 G. 254 
 
 2 C. 218 
 
 Burke v. Levy, 
 
 1 R. 1 
 
 6 M. 34 
 
 Sydnor v., 
 
 4 R. 161 
 
 1 L. 64 
 
 Burkholder v. Ludlam 
 
 30 G. 255 
 
 5 M. 263 
 
 Burks, Robinson v., 
 
 12 L. 378 
 
 30 G. 828 
 
 Burley v. Griffith, 
 
 8 L. 442 
 
 3 M. 232 
 
 Burner's Case, 
 
 13 G. 778 
 
 4L.5 
 
 Burnett v. Harwell, 
 
 3L. 89 
 
 24 G. 250 
 
 V. Hawpe, 
 
 25 G. 481 
 
 8 L. 732 
 
 Burnley, Branch <o., 
 
 1 C. 147 
 
 28 G. 850 
 
 V. Duke, 
 
 1R.108 
 
 2 Rob. 292 
 
 V. Duke, 
 
 2 Rob. 102 
 
 2 M. 336 
 
 V. Lambert, 
 
 1 W. 308 
 
 6 L. 82 
 
 Burnsides v. Eeid, 
 
 2W. 43 
 
 2 L. 488 
 
 V. Eeid, 
 
 Wy. 150 
 
 1 W. 296 
 
 Reid v., 
 
 Wy. 150 
 
 4M241 
 
 Taylor v., 
 
 1 G. 165 
 
 25 G. 78 
 
 Burr's Case, 
 
 4 G. 534 
 
 3 M. 487 
 
 i: M'Donald, 
 
 3 G. 206 
 
 2W. 116 
 
 Burress' Case, 
 
 27 G. 934 
 
 4 M. 260 
 
 Burroughs v. Peyton, 
 
 16 G. 470 
 
 [. &M. 374 
 
 Burrow, Hill v.. 
 
 3 C. 342 
 
 5M.166 
 
 Burrus, Gatewood v., 
 
 3 C. 194 
 
 J. 87 
 
 Burruss, Nicholas d.. 
 
 4L.289 
 
 14 G. 613 
 
 Sutton v., 
 
 9 L. 381 
 
 4 M. 303 
 
 Burtners v. Keran, 
 
 24 G. 42 
 
 Gil. 149 
 
 Burton's Case, i 
 
 4 L. 945 
 
 13 G. 78 
 
 v. Brown, 
 
 22 G. 1 
 
 1 C. 567 
 
 V. Burton, 
 
 10 L. 597 
 
 3M. 54 
 
 Cropper t'.. 
 
 5 L. 426 
 
 1 M. 269 
 
 Matthews v., 
 
 17 G. 312 
 
 4 M. 442 
 
 V. Scott, 
 
 3 R. 399 
 
 3C. 44 
 
 ». Slaughter, 
 
 26 G. 914 
 
 Wy. 328 
 
 Burwell, Anderson v., 
 
 6 G. 405 
 
 4 M. 450 
 
 V. Anderson, 
 
 3 W. 194 
 
 6 L. 560 
 
 V. Audersojx, 
 
 3 L. 348 
 
 6M.439 
 
 V. Burgess, 
 
 32 G. 472 
 
 9 G.273 
 
 V. Corbin, 
 
 1 R. 131 
 
 27 G. 144 
 
 0. Court, 
 
 1 W. 254 
 
 6 G. 119 
 
 a). Fauber, 
 
 21 G. 446 
 
 10 G. 480 
 
 Hale v., 
 
 2 P. & H. 608 
 
 15 G. 64 
 
 V. Hobson, 
 
 12 G. 322 
 
 30 G. 24 
 
 ji. Lumsden, 
 
 24 G. 443 
 
 23 G. 51 
 
 M'Dowell v^ 
 
 4 R. 317 
 
 11 G. 26 
 
 Nowlin v., 
 
 ^ G. 883 
 
 3E. J04 
 
 Stubbs »., 
 
 2 H. & M. 536 
 
 H L. 463 
 
 Taliaferro v., 
 
 4 C. 381 
 
 2 Bob. 826 
 
 Bush V. Beale, 
 
 1 G. 229 
 
 >., 31 G. 664 
 
 V. Campbell, 
 
 26 G. 403 
 
 11 L. 334 
 
 V. Martins, 
 
 7L. 320 
 
 2 L. 119 
 
 Bushong, Newton v., 
 
 22 G. 484 
 
 9 L. 580 
 
 Newton v., 
 
 22 G. 628 
 
 2 G. 134 
 
 Pilson v., 
 
 29 G. 229 
 
 2 V. C. 483 
 
 Bossard, Marshall «., 
 
 Gil. 9 
 
 32 G. 633 
 
 Buster v. Euffner, 
 
 5M. 27 
 
 32 O. 472 
 
 V. Wallace, 
 
 3 H. & M. 217 
 
 10 L. 186 
 
 0. Wallace, 
 
 4 H. & M. 82 
 
 30 G. 236 
 
 Butcher's Case, 
 
 4G:.544 
 
612 
 
 TABLE OF CASES. 
 
 Butcher v. Carlile, 
 Bailey v., 
 V. Hixton, 
 Smith v., 
 Butler, Armistead i^ 
 Beckwith v., 
 Geddy v., 
 Isbell v., 
 ^ 'e. M'Cann, 
 V. Parks, 
 Peter v., 
 Eagland i;., 
 Syme v., 
 Wilson v.. 
 Butt V. Eachel, 
 Butterworth v. Ellis, 
 Butts' Case, 
 
 i;. Blunt, 
 Buxton, Gary v.. 
 Buzzard's Case, 
 
 Gore v., 
 Zimmerman 
 
 Byars v. Thompson, 
 Byrd's Case, 
 
 J). Cooke, 
 
 Grim v., 
 
 Lyons?!., 
 
 Mut. Ass. Soc. < 
 
 13 G. 520 
 
 6 G. 144 
 
 4L. 519 
 
 28 G. 144 
 
 1 H. & M-. 176 
 
 1 W. 224 
 
 3 M. 345 
 J. 10 
 
 4 L. 631 
 1 W. 76 
 1 L. 285 
 
 18 G. 323 
 1 C. 105 
 
 3 M. 559 
 
 4 M. 209 
 6L.106 
 
 2 V. C. 18 
 1 E. 255 
 Wy. 183 
 
 5 G. 694 
 4 L. 231 
 
 v., 2 V. 0. 
 
 406 
 
 12 L. 550 
 
 2 V. C. 490 
 
 1 W. 232 
 
 32 G. 293 
 
 2 H. & M. 22 
 
 ;., i V. C. 170 
 
 Byrne, Cbrnmonwealtli ?;., 20 G. 165 
 
 t. Edmonds, 23 G. 200 
 
 ■e. Lyle, 1 H. & M. 7 
 
 Caljiiness r. Matthews, 2 G. 325 
 
 Cabell V. C abell, 4 H. & M. 436 
 
 Christian v., 22 G. 83 
 
 ■V. Cox, 27 G. 182 
 
 r. Hardwick, 1 C. 345 
 
 Hateher v., 6 E. 353 
 
 Lee P., 19 G. 758 
 
 ?j. Megginson, 6 M. 202 
 
 T. Pnryear, 27 G. 903 
 
 Pui-year v., 24 G. 260 
 
 r. Eoberts, 6R. 580 
 
 Skipwith (•-, 19 G. 758 
 
 Tabb T., 17 G. 160 
 
 Young 1)., 27 G. 761 
 
 Cadwalladei v. Mason, "Wy. 188 
 
 Cady's Case, 10 G. 776 
 
 Cahill V. Pintony, 4 M. 371 
 
 Calahan v. Depriest, 13 G. 274 
 
 Calbreath ti. Va. P. & E.Co., 22 G. 697 
 
 Caldwell's Case, 14 G. 698 
 
 %: Chapline, 11 L. 342 
 
 f. Craig, 31 G. 132 
 
 V. Craig, 22 G. 340 
 
 iJ.Farmers' Bank, 6 E. 241 
 
 Hughes v., 11 L. 342 
 
 ■ V. M'Cortney, 2 G. 187 
 
 Wilson c, 2 E. 190 
 
 Caldwells o. Shields, 2 Eeb. 305 
 
 Gales ti. Miller, 8 G. 6 
 
 Calhoun, Bell v., 8 G. 22 
 
 Hoover v., 16 G. 109 
 
 '0. Palmer, 8 G. 88 
 
 Patton v., 4 G. 138 
 
 Wheatley v., 12 L. 264 
 
 V. Williams, 32 G. 18 
 
 Call, Graham v., 5 M. 39G 
 
 KufiSn v., 2 W. 181 
 
 V. Euffin, 1 C. 333 
 
 Scott v., 1 W. 115 
 
 V. Scott, 4 C. 402 
 
 Callaghan's Case, 2 V. C. 460 
 
 r. Kippers, 7 L. 608 
 
 CaUand, Gait v., 7 L. 594 
 
 Callava v. Pope, 3 L. 103 
 
 Callaway v. Alexander, 8 L. 114 
 
 «. Harding, 23 G. 542 
 
 v. Price, 32 G. 1 
 
 Eeynolds v., 31 G. 436 
 
 Callicott, M'Cargo v., 2 M. 501 
 
 Callis V. Kemp, 11 G. 78 
 
 V. Waddy, 2 M. 511 
 
 Callison o. Hedrick, 15 G. 244 
 
 Mays v., 6 L. 230 
 
 Galloway, Asberry v., 1 W. 72 
 
 Brooks i;., 12 L. 466 
 
 V. L^Dghome, 4 E. 181 
 
 1'. Tate, 1 H. & M. 9 
 
 Wileox v., 1 W. 38 
 
 Calvert's Case, 1 Y. G. 181 
 
 Case, 1 V. C. 265 
 
 V. Bowdoin, 4 C. 217 
 
 Missionary Soc. M. E. Ch. 
 
 ■v., 32 G. 357 
 
 Tucker v., 6 C. 90 
 
 Calwell V. Commonwealth, 17 G.391 
 
 Gamden v. Haskill, 
 Camm, Norvell v., 
 Norvell v^ 
 Norvell t\, 
 C'ammack v. Soran, 
 Campbell's Case, 
 Case, 
 Argenbright 
 
 3 E. 462 
 
 2 E. 68 
 
 3 M. 357 
 
 6 M. 333 
 
 30 G. 292 
 
 2 V. C. 314 
 
 2 Bob. 791 
 
 .,3H.&M, 
 
 144 
 
 Beirne v., 4 G. 125 
 
 I-. Bowen, 1 Kob. 241 
 
 1 . Bowles, 30 G. 652 
 
 IK Braxton, 4 H. & M. 466 
 Brown i., 33 G. 402 
 
 Bush v., 26 G. 403 
 
 ■V. Campbell, 22 6. 649 
 Carter v.. 
 
 Chapman ('., 
 Cloud v., 
 Edraiston r., 
 Gray v.. 
 
 Gil. 159 
 
 13 G. 105 
 
 4 M. 214 
 
 1 V. C. 16 
 
 3 M. 251 
 
 liindsay a^ 4 H. & M. 505 
 
TABLE OP CASES. 
 
 613 
 
 Campbell /■. Moiitgomer,\ 
 
 •, 1 Rob. 
 
 Carr, Pey ton «., 
 
 1 R. 436 
 
 
 392 
 
 Peyton v., 
 
 » M. 126 
 
 Moon v., 
 
 1 M. 600 
 
 i Shobe v., 
 
 3M. 10 
 
 Morrison v., 
 
 2 E. 206 
 
 Carrell, Gibson v., 
 
 13 G. 136 
 
 v. Mosby, 
 
 4 M. 487 
 
 Wynn v., 
 
 2 G. 2-27 
 
 Nichols ('., 
 
 10 G. 560 
 
 Garret, Murray v., 
 
 3C.373 
 
 V. Patterson, 
 
 11 L. 113 
 
 Carrington v. Anderson, 5 M. 32 
 
 r. Prestons, 
 
 22 G. 396 
 
 Bank of U 
 
 . S.I)., 7 L. 566 
 
 Price r., • 
 
 5 C. 115 
 
 '«. Belt, 
 
 6 M. 374 
 
 V. Price, 
 
 3 M. 227 
 
 (). Bennett 
 
 1 L. 340 
 
 Price v.. 
 
 2 C. 110 
 
 V. Didier, 
 
 8 G. 260 
 
 )'. Eansou, 
 
 21 G. 405 
 
 V. Ficklln 
 
 82 G. 670 
 
 Robertson i\, 
 
 2 C. 421 
 
 Ficklin v. 
 
 31 G. 219 
 
 V. Shields, 
 
 6 L. 517 
 
 V. Goddin, 
 
 13 G. 587 
 
 Sively v., 
 
 23 G. 893 
 
 Mayo v., 
 
 4 C. 472 
 
 v. Smith, 
 
 32 G. 288 
 
 Mayo V. 
 
 19 G. 74 
 
 Threlields v., 
 
 2 G. 198 
 
 Nelson v., 
 
 4 M. 332 
 
 Turner v.. 
 
 3G. 74 
 
 V. Otis, 
 
 4 G. 235 
 
 Turner v., 1 P 
 
 . & H. 256 
 
 Seekright 
 
 v., 1 W. 45 
 
 V. Va. & Ten. 
 
 R. E. Co., 
 
 Carroll v. Brown, 
 
 28 G. 701 
 
 
 22 G. 437 
 
 Harrison v., 
 
 11 L. 476 
 
 White v., 
 
 13 G. 573 
 
 V. Tiffany, 
 
 9 G. 269 
 
 "Williams v., 
 
 1 W. 153 
 
 Carroll County v. Collier, 22 G. 302 
 
 "Winstonu., 4H.&M.477 
 
 Carsley, Hunnicut v., 
 
 1H.&M. 153 
 
 V. Winston, 2 H. & M. 10 
 
 Carson, Harris v., 
 
 7 L. 632 
 
 Canada's Case, 
 
 22 G. 899 
 
 V. Linn, 
 
 32 G. 170 
 
 Cannon. Gordon v.. 
 
 18 G. 387 
 
 Morgan v.. 
 
 7 L. 238 
 
 V. Wellford, judge, 22 G. 
 
 Carter's Case, 
 
 2 V. C. 131 
 
 
 195 
 
 Case, 
 
 2 "V. C. 169 
 
 Cantril, Huston v., 
 
 11 L. 136 
 
 Case, 
 
 2 V. C. 354 
 
 Gaperton v. Gregory, 
 
 11 G. 505 
 
 Case, 
 
 2 V. C. 319 
 
 Lewis v., 
 
 8 G. 148 
 
 V. Allen, 
 
 21 G. 241 
 
 V. M'Corlde, 
 
 5G.177 
 
 ».. Campbell, 
 
 Gil. 159 
 
 Cardwell v. Allen, 
 
 28 G. 384 
 
 V. Carr, 
 
 Gil. 145 
 
 V. Allen, 
 
 32 G. 160 
 
 v. Carter, 
 
 . 5 M. 108 
 
 Carey, Eichardsou v., 
 
 2E. 87 
 
 Catlett v., 
 
 2M. 24 
 
 Carlile, Butcher v., 
 
 12 G. 520 
 
 V. Cocke, 
 
 J. 123 
 
 Carlisle, Lockridge v., 
 
 6 E. yo. 
 
 V. Cockrill, 
 
 2 M. 448 
 
 Lockridge v., 
 
 2 L. 186 
 
 v. Currie, 
 
 5 C. 158 
 
 Sherwood v., 1 P. & H. 12 
 
 Cutting v., 
 
 4 H. & M. 478 
 
 Carlton, Cropper »., 
 
 6 M. 277 
 
 V. Cutting, 
 
 5 M. 223 
 
 Watkins v.. 
 
 10 L. 560 
 
 Cutting v.. 
 
 4 H. & M, 424 
 
 Carnagy v. Woodcock, 
 
 2 M. 234 
 
 •Dickinson v., 
 
 5 G. 135 
 
 Carney's Case, 
 
 4 G. 546 
 
 Dulaney, 
 
 30 G. 192 
 
 Carpenter, Edmonds v., 
 
 1 H. & M. 
 
 Elliott v., 
 
 9 G. 541 
 
 
 340 
 
 Gait v., 
 
 6 M. 245 
 
 V. Sims, 
 
 3 L. 675 
 
 Graham v., 
 
 2 H. & M. 6 
 
 V. Utry, 
 
 4 G, 270 
 
 V. Grant, 
 
 32 G. 769 
 
 Yeager v., 
 
 8 L. 454 
 
 V. Hale, 
 
 32 G. 115 
 
 Carri). Anderson, 2 H 
 
 & M. 361 
 
 V. Harris, 
 
 4 E. 199 
 
 V. Carr, 
 
 22 G. 168 
 
 Jones v., 
 
 4 H. & M. 184 
 
 Caxter v., 
 
 Gil. 145 
 
 V. KeUy, judg 
 
 6, 28 G. 7»7 
 
 V. Chapman, 
 
 5 L. 164 
 
 Lee v., 
 
 3 M. 121 
 
 Garrett v., 
 
 3 L. 407 
 
 V. M'Artor, 
 
 28 G. 356 
 
 Garrett v.. '- 
 
 Rob. 196 
 
 Mott v., 
 
 26 G. 127 
 
 V. Glassock, 
 
 3 G. 328 
 
 Murphy v., 
 
 23 G. 477 
 
 V. Gooch, 
 
 1 W. 260 
 
 Parker v.. 
 
 4 M. 273 
 
 Herndon v., 
 
 J. 132 
 
 Quarrier v., 
 
 4 H. & M. 242 
 
 Kippen & Co. «., 
 
 4 M. 119 
 
 V. Eagland, 
 
 21 G. 574 
 
 V. Magruder, 2 P 
 
 & H. 107 
 
 ■1). Eaney, 
 
 15 G. 347 
 
614 
 
 TABLE OF CASES. 
 
 Carter, Eaynolds v., 12 L. 166 
 
 V. Robinett, 33 G. 429 
 
 'Ross v., 4H. &M. 488 
 
 Sawney v., 6 R. 173 
 
 Smith v., 3 R. 167 
 
 Spencer v., 4 H. & M. 402 
 
 Stafford v., 4 G. 63 
 
 V. Tyler, 1 C. 165 
 
 V. Washington, 1 H. & M. 203 
 
 V. Washington, 2H. & M. 345 
 
 V. Washington; 2H. & M. 31 
 
 V. Watson, 32 Gt. 115 
 
 Wangh v., 2 M. 333 
 
 Weaver v., 10 L. 37 
 
 Withers v., 4 G-. 407 
 
 V. Wolfe, 13 G. 301 
 
 Cartersville Bridge Co. v. Harrison, 
 
 IR. 50 
 
 Trent D., 11 
 
 L. 521 
 
 Carthra« v. Brown, 3 L. 98 
 
 V. Clarke, 5 L. 268 
 
 Cartigiie v. Raymond, 4 L. 579 
 
 Cartwright, Pollard v., 2 H.& M.116 
 
 Caruthers v. Eldridge, 12 G. 670 
 
 V. Trustees of Lexington, 
 
 12 L. 610 
 
 Carver'^ Case, 5 E. 660 
 
 Gary v. Buxton, Wy. 183 
 
 Dupree v., 6 L. 36 
 
 V. Macon, 4 C. 605 
 
 Ware v., 2 C. 263 
 
 Case's Case, 1 V. C. 264 
 
 Case on Stat, of Distribution, Wy. 302 
 
 Cassell, Sayers v., 23 G. 525 
 
 Castleman, Graff v., 5 R. 195 
 
 V. Veitch, 3 E. 598 
 
 Catlett V. Carter, 2 M. 24 
 
 Cloud v., 4 L. 462 
 
 Dabney v., 12 L. 383 
 
 Dabney v., 12 L. 634 
 
 ('. Marshall, 10 L. 79 
 
 Millers v., 10 G. 477 
 
 V. Russell, 6 L. 344 
 
 Caton's Case, 4 C. 5 
 
 V. Lenox, 5 R. 31 
 
 Catron, Brawley v., 8 L. 522 
 
 Cline v., 22 G. 378 
 
 Pierce v., 23 G. 588 
 
 Cau,thorn v. Courtney, 6 G. 381 
 
 Cauthorne, Bibb v., 1 W. 91 
 
 Cavan v. Martin, 3 C. 228 
 
 Cave V. Shelor, ' 2 M. 193 
 
 Cavendish v. Fleming, 3 M. 198 
 
 Oawood's Case, 2 V. C. 527 
 
 Cazendve, Portner v., 18 G. 100 
 
 Cecil, Barnett v., 21 G. 93 
 
 V. Early, 10 G. 198 
 
 V. Deyerle, 28 G. 775 
 
 V. Hicks, 29 G. 1 
 
 Central Sav. Bank, MiUs v., 16 G. 94 
 
 Chahoon's Case, 21 G. 822 
 
 Case, 20 G. 733 
 
 Chalkley, Commonwealth v., 20 G. 
 
 404 
 
 Chalmer's Case, 2 V. C. 76 
 
 V. M'Murdo, 5 M. 2.52 
 
 Chamberlain, Hale v., 13 G. 658 
 
 Chamberlaine v. Marsh, 6 M. 283 
 
 Norfolk v., 29 G. 534 
 
 Chamberlayne, Hewlett v., 1 W. 367 
 
 Higginbotham v., 4 
 
 M. 547 
 
 Morris v., J. 1 4 
 
 V. Temple, 2 R. 384 
 
 WaddUl v., J. 10 
 
 Chambers, Bank of Greenboro' v., 30 
 
 G. 202 
 
 March, v., 39 G. 299 
 
 Swope v., 2 G. 319 
 
 Chambliss, Cleaton v., 6 R. 86 
 
 Chancellor v. Ashby, 2 P. & H. 26 
 
 Wellford v., 5 G. 39 
 
 Chandler, Drake v., 18 G. 909 
 
 V. Neale, 2 H. & M. 124 
 
 Rogers v., 3 M. 65 
 
 Chauey v. Saunders, 3 M. 51 
 
 Chapline, Caldwell v., 11 L. 342 
 
 V. Overseers Poor, 7 L. 231 
 
 Chapman's Case, 1 V. C. 138 
 
 Alexandria v., 4 H. & M. 
 
 270 
 
 V. Armistead, 4 M. 382 
 
 V. Bennett, 2 L. 329 
 
 V. CampbeU, 13 6. 105 
 
 Carr v., 5 L. 164 
 
 V. Chapman, 4 H. & M. 
 
 426 
 
 V. Chapman, 1 M. 398 
 
 V. Chevis, 9 L. 297 
 
 V. Commonwealth, 25 6. 
 
 721 
 
 V. Duulap, 4 G. 86 
 
 Fletcher v., 2 L. 560 
 
 V. Harrison, 4 R. 336 
 
 V. Hiden, 2 P. & H. 91 
 
 Moore v., 3 H. & M. 260 
 
 Newman v., 2 E. 93 
 
 Pauley v., 2 Rob. 235 
 
 V. Ross, 12 L. 565 
 
 V. Shepherd, 24 G. 377 
 
 Smith t)., ,1 H. &M. 240 
 
 Smith v., 10 G. 445 
 
 D. Tuberville, 4 H. & M. 
 
 482 
 
 v. Turner, 1 C. 280 
 
 V. Washington, 4 C. 327 
 
 V. Wilson, 1 Eob. 267 
 
 Chappell, Mason v., 15 G. 572 
 
TABLE OF CASES. 
 
 615 
 
 Chappell V. Eobertson, 2 Eob. 590 
 
 Chappie's Case, 1 V. C. 184 
 
 Charles v. Charles, 8 G. 486 
 
 V. Hunnicut, 5 C. 311 
 
 Charlton v. Gardner, 11 L. 281 
 
 V. Kent, 11 L. 281 
 
 V. XJnis, 4 G. 58 
 
 Unis v., 12 G. 484 
 
 Charron v. Boswell, 18 G. 216 
 
 Chase v. M' Arthur, 13 G. 683 
 
 Chavis, Arthur ■»., 6 E. 142 
 
 Cheatham, Arrington v., 2 Eob. 492 
 
 V. Buck, 9 L. 580 
 
 V. Burfoot, 9 L. 580 
 
 V. Friend, 9 L. 580 
 
 V. Hatcher, 30 G. 56 
 
 Cheatwood v. Mayo, 5 M, 16 
 
 Cheminant, Lucy v., 2 G. 36 
 
 Cherry's Case, 2 V. C. 30 
 
 Chesapeake & Ohio Canal Co. v. 
 
 Hoye, 2 G. 511 
 
 C. & 0. E. B. Co., Commonwealth v., 
 
 27 G. 344 
 
 Maury v., 27 G. 698 
 
 V. Paine, 29 G. 502 
 
 > Wilson v., 21 G. 654 
 
 Cheshire v. Atkinson, 1 H. & M. 210 
 
 ■u. Atkinson, 1 H. & M. 562 
 
 V. Purcell, U G. 771 
 
 Chesnut, Bowyer v., 4 L. 1 
 
 Chesterfield Jus.. Dinwiddle Jus. v., 
 
 5 C. 556 
 
 , Brander v., 5 C. 
 
 548 
 
 ChevaUie, Auditor v., 5 C 107 
 
 Chevis, Chapman v., 9 L. 297 
 
 Chew, A. & W. E. E. Co. v., 27 G. 547 
 
 V. Beverly, 4 H. & M. 409 
 
 B. Hooe, 4H. &M. 489 
 
 V. Jus. Spottsylvania, 2 V. C. 
 
 208 
 
 V. Moffett, 6 M.'120 
 
 Chichester's Case, 1 V . C. 312 
 
 V. Boggess, 5 M. 98 
 
 V. Mason, 7 L. 244 
 
 V. Vass, 1 C. 83 
 
 V. Vass, 1 M. 98 
 
 Chieves v. Gary, 24 G. 414 
 
 Childei-s o. Deane, 4 E. 406 
 
 Gamett v.. 2 M. 277 
 
 V. Smith, Gil. 196 
 
 Childress, Gamand v., 28 G. 775 
 
 V. Morris, 23 G. 802 
 
 Williamson v., 4 H. & M. 
 
 449 
 
 Chiles' Case, 2 V. C. 260 
 
 Chilton, Lee »., 5 M. 407 
 
 Pickett v., 5 M. 467 
 
 Chinn, Downman c, 2W. 189 
 
 V. Heale, 1 M. 63 
 
 Chinn v. Murray, 4 G. 348 
 
 Turner v., 1 H. & M. 53 
 
 Chisholm v. Anthony, 1 H. & M. 27 
 
 V. Anthony, 2H. &M. 13 
 
 V. Starke, 3 C. 25 
 
 Chisman, Haywood v., J. 52 
 
 Chowning v. Cox, 1 K. 306 , 
 
 Taylor v., 3 L. 654 
 
 Chrisman v. Hannan, 29 G. 494 
 
 Lincoln v., 10 L. 338 
 
 Christian's Case, 7 G. 631 
 
 Case, 23 G. 954 
 
 Atkinson «., 3 G. 428 
 
 V. Cabell, 22 G. 82 
 
 r. Christian, 6 M. 534 
 
 V. Coleman, 3 L. 30 
 
 Davis v., 15 G. 11 
 
 V. Ellis, 1 G. 396 
 
 V. Miller, 3 L. 78 
 
 Shearman '«., 6 E. 49 
 
 Shearman v., 1 E. 393 
 
 Walker ^)., 21 G..291 
 
 Watts v., 3 G. 494 
 
 Whittington v., 2 R. 853 
 
 [v. Yancey, 2 P. & H. 240 
 
 Christy v. Minor, 4 M. 431 
 
 Chubb'sCase, 5 E. 715 
 
 Bayly v., 16 G. 284 
 
 Churn, Ward v., 18 G. 801 
 
 Circle, Womack v., 29 G. 192 
 
 Womacki)., 3i! G. 324 
 
 Cirode v. Buchanan, 23 G. 205 
 
 City Coun. Alex., 0.& A. E. R. Co.r., 
 
 17 G. 176 
 
 Smith v., 33 G. 208 
 
 Webb v., 33 G. 168 
 
 City Alexandria, Fairfax v., 28 G. 16 
 
 City Lynchburg v. Fames, 20 G. 601 
 
 Hannan v., 33 G. 37 
 
 Miller v., 20 G. 330 
 
 V. Norvell, 20 G. 
 
 601 
 
 ;:. Phelps, 20 G. 601 
 
 V. Slaughter, 20 G. 
 
 601 
 
 City Norfolk, Humphreys v., 25 G. 
 
 97 
 
 City Petersburg v. Applegarth,- 28 
 
 G. 321 
 
 V. Petersburg E. 
 
 B. Co, 29 G. 773 
 
 Citv Portsmouth v. Norfolk County, 
 
 31 G. 727 
 
 City Eichmond v. A. Y. Stokes & 
 
 Co., 31 G. 713 
 
 V. Courtney, 32 G. 
 
 792 
 
 «. Daniel,! 4 G. 385 
 
 DeVossD.,18G.338 
 
616 
 
 ' TABLE OF CASES. 
 
 City Eichmond v. Duesberry, 27 G. 
 
 210 
 
 Frommer v., 31 Gr. 
 
 646 
 
 Jones «)., 18 G. 517 
 
 uLong, ]7G. 375 
 
 Noble v., 31 G. 271 
 
 Quid v., 23 G. 464 
 
 V. Poe, 24 G. 149 
 
 V. Rich. & Dan. K. 
 
 K. Co., 21 G. 604 
 
 Rich.,F. &P. R.R. 
 
 Co. v., 26 G. 83 
 
 Sands v., 31 G. 571 
 
 Thomas v., 18 G. 
 
 583 
 
 Wade v., 18 G. 583 
 
 W. U. T. Co. v., 26 
 
 G. 1 
 
 City Wheeling, Bait. & O. E. R. 
 
 Co. »., 13 G. 40 
 
 City Sayings Bank, Boyd«., 15G.501 
 
 Olaflin & Co. -v. Steinbock, 18 G. 842 
 
 Claiborne, Bennett v.', 23 G. 366 
 
 Dangerfield v., 4 H. & M. 
 
 397 
 
 Dangerfield v.. 2 H, & M. 
 
 17 
 
 V. Gross, 7 L. 331 
 
 V. Henderson, 3 H. & M. 
 
 322 
 
 «. Parrish, 2 W. 146 
 
 Pickett v., 4 C. 99 
 
 Travis v, 5 M. 435 
 
 Turnbull v., 3 L. 392 
 
 Clapham v. Lewis, 1 V. C. 182 
 
 Clark's Case, 2 V. C. 401 
 
 Case, 6 G. 675 
 
 V. Brown, 8 G. 549 
 
 Buchanan v., 10 G. 164 
 
 Crenshaw v., 5 L. 65 
 
 V. Franklin, 7 L. 1 
 
 Glenn v., 21 G. 35 
 
 '«. Hardgrove, 7 G. 399 
 
 V. Hardiman, 2 L. 347 
 
 Jones v., 25 G. 642 
 
 V. Long, 4 R. 451 
 
 V. M'Lure, 10 G. 305 
 
 Marshall t), 4 C. 268 
 
 Mayo v., 2 C. 276 
 
 Mayo v., 2 C. 389 
 
 V. Nnnn, 25 G. 287 
 
 '0. Ward, 12 G. 440 
 
 Clarke's Case, 25 G. 908 
 
 ex parte, 2 V. C. 230 
 
 Bargamin v., 20 G. 544 
 
 Briscoe v., 1 E. 213 
 
 V. Buck, 1 L. 487 
 
 Carthrse v., 5 L. 268 
 
 Clopton v., 7 L. 325 
 
 Clarke v. Conn, 
 
 1 M. 160 
 
 ■V. Curtis, 
 
 11 L. 559 
 
 V. Curtis, 
 
 1 G. 289 
 
 V. Day, 
 
 2 L. 172 
 
 V. Dunnavant, 
 
 10 L. 13 
 
 Farmers' Bank v., 4k L. 603 
 
 Foster v., 5 M. 430 
 
 Hanna v., 31 G. 36 
 
 V. Hoomes, 2 H. & M. 23 
 
 V. Mayo, 4 C. 374 
 
 O. D. Granite Co. v., 28 G. 
 
 617 
 
 V. Reins, 12 G. 98 
 
 V. Tinsley, 4 R. 250 
 
 V. Tyler, 30 G. 134 
 
 Urquhart v., 2 R. 549 
 
 V. Webb, 2 H. & M. 8 
 
 Clarkson v. Booth, 17 G. 490 
 
 Early v., 7 L. 83 
 
 V. Garland, 1 L. 147 
 
 Hale ■«., 23 G. 42 
 
 V. Read, 15 G. 288 
 
 Clarksons v. Doddridge, 14 G. 42 
 
 ClanghtonSD. M'JSTaughton, 2M. 513 
 
 Clay. Bailey v., 4R.346 
 
 Gilliam v., 3 L. 590 
 
 V. Neilsou, 5 R. 596 
 
 V. Ransome, 1 M. 454 
 
 V. White, 1 21. 162 
 
 White v., 7 L. 68 
 
 V. Williams, 2 M. 105 
 
 Clay bom. Cole v., 1 W. 262 
 
 ?). Hill, 1W.1T7 
 
 Claycomb v. Claycomb, 10 G. 589 
 
 Clayton v. Pawcett, 2 L. 19 
 
 V. Henley, 32,G. 65 
 
 - Hughes v., 3 C. 554 
 
 Russell v., 3 C. 41 
 
 Claytor v. Anthony, 6 R. 285 
 
 V. Anthony, 15 G. 518 
 
 Cleary, Taylor v., 29 G. 448 
 
 Cleatou V. Chamblis, 6 R. 86 
 
 Cleek's Case, 21 G. 777 
 
 V. Haines, 2 E. 440 
 
 Clegg «. Lemessnrier, 15 G. 108 
 
 Cleland v. Watson, 10 G. 159 
 
 Clem V. Holmes, 33 G. 722 
 
 Clemens, Eay v., 6 L. 600 
 
 Clements v. Kyles, 13 G. 468 
 
 Perkins v., 1 P. & H. 141 
 
 Pleasants v., 2 L. 474 
 
 V. Powell, 9 L. 1 
 
 Shaw v., 1 C. 429 
 
 Clemmon's Case, 6 E. 681 
 
 Clere's Case, 3 G. 586 
 
 Clevinger v. Miller, 27 G. 740 
 
 Clinch, Skipwith «., 2 C. 253 
 
 Skipwith v.. 2 C. 536 
 
 Skipwith ».; 3 C. 86 
 
 Cline V. Catron, 22 G. 378 
 
TABLE OF CASES. 
 
 617 
 
 ClJne,Compton »,, 5 G. 137 
 
 Clopton's Case, 9 L. 109 
 
 V. Clarke, 7 L. 325 
 
 Columbian Col. v., 7 G. 168 
 
 V. Morris, 6 L,"278 
 
 Page v., 30 G. 415 
 
 Cloi-e's Case, 8 G. 606 
 
 Cloud V. Campbell, 4 M. 214 
 
 ®. Catlett, 4 L. 462 
 
 Laine v., 22 G. 513 
 
 Clough, Tichenor v., J 3 G. 15 
 
 ». Thompson, 7 G. 26 
 
 Cloyd, Kent c, 30 G. 555 
 
 Glutton, Garlington r., 1 0. 520 
 
 Coalt«r V Bryan, 1 G. 18 
 
 V. Coalter, 1 Rob. 79 
 
 ('. Hunter, 5 E. 68 
 
 Selden v., 2 V. C. 553 
 
 Stuart r., 4 E. 74 
 
 Williamson r., 14 G. 394 
 
 Cobbs c. Fountaine, 3 R. 484 
 
 t). IJosby, Wy. 137 
 
 Tapscott v., 11 G. 172 
 
 Cobnn, Stevens »., 2 C. 440 
 
 Cochran v. Paris, 11 G. 348 
 
 Street »., 1 W. 79 
 
 Cockbum, Beall v., 4 C. 162 
 
 Cocke's Case, 13 G. 750 
 
 Byrd v., 1 W. 23-i 
 
 Carter v., J. 123 
 
 Coleman v., 6 E. 618 
 
 Freedlaud v., 3 M. 352 
 
 V. Gilpin, 1 Bob. 20 
 
 V. Harrison, 6 M. 184 
 
 V. Harrison, 3 E. 494 
 
 V. Haxall, ■ 2 Eob. 470 
 
 Heth v., 1 E. 344 
 
 Lanier v., 6 M. 580 
 
 V. Minor. 25 G. 246 
 
 Moseley'i)., 7 L. 224 
 
 Peter v., 1 W. 257 
 
 V. Philips, 12 L. 248 
 
 v. Pollock, 1 H. & M. 499 
 
 EobertsD., 1 E. 121 
 
 Roberts v., 28 G. 207 
 
 Sheldon v., 3 M. 191 
 
 Tucker v., 2 E. 51 
 
 V. Upsbaw, 6 M. 464 
 
 Cockerell, Hopkins v., 2 Q. 88 
 
 Cockerille v. Dale, 33 G. 45 
 
 Coclfran v. Street, Wy. 133 
 
 Trice v., 8 G. 442 
 
 CockreU v. Williams, 12 L. 508 
 
 CockrUl, Carter v., 2 M. 448 
 
 Cockshut, Fine v., 6 C. 16 
 
 CodyD.Conly, 27 G. 313 
 
 Coe's Case, 9 L. 620 
 
 Coffer, Broughton i'., 18 G. 184 
 
 Cofftnan, Forrer v., 23 G. 871 
 
 V. Miller, 26 G. 698 
 
 Coffman v. Moore, 29 G. 244 
 
 i: Niswander, 26 G. 737 
 
 i'. Eussell, 4M.207 
 
 «. Sangston, 21It.263 
 
 ('. Shafer, 29 (;. 173 
 
 Coghill i>. Coghill, 2 H. & M. 467 
 
 Owen v., 4 H. & M. 487 
 
 Universal Life Ins. Co., e., 
 
 30 G. 7ii 
 
 Cohen's Case. 2 V. C. 158 
 
 Honie Ins. Co., v., 20 G. 312 
 
 Cohoon, Eiddick v., 4 E. 547 
 
 Wright v., 12 L. 370 
 
 Cohoons V. Pardee, 3 C. 431 
 
 Coiner, Plansbarger v., 4 L. 452 
 
 Porterfield «., 4 G. 55 
 
 Coke, M'Candlish v., 13 G. 615 
 
 Colbert, Hord v., 28 G. 49 
 
 Cole's Case, 5 G. 696 
 
 Bryan v., 10 L. 497 
 
 r. Clayborn, 1 W. 262 
 
 v. Cole, 28 G. 365 
 
 Eppes v., 4 H. & M. 161 
 
 (1. Fenwick, Gil. 134 
 
 Hairston v., 1 E. 461 
 
 V. M'Eae, 6 E. 644 
 
 Paradise c, 6M. 218 
 
 Paynes?)., 1 M. 373 
 
 «!. Pennell, 2 E. 174 
 
 ('. Scott, Wy, 272 
 
 V. Scott, 2 W. 141 
 
 Taylor v., 4 M. 351 
 
 Watts v., 2 L. 653 
 
 Welles v., 6 G. 645 
 
 Coleman's Case, 4 H. & M. 506 
 
 Case, 25 G. 865 
 
 Alexander »., 6 M. 328 
 
 !). Anderson, 29 G. 425 
 
 Braxton v., 5 C. 433 
 
 Christian v.. 3 L. 30 
 
 V. ( ocke, 6 E. 618 
 
 V. Dick, 1 W. 233 
 
 V. Dickinson, J. 67 
 
 Halladay v., 2 M. 162 
 
 V. Halladay, 3M. 510 
 
 V. Holladay, 6 M. 47 
 
 V. Lyne, 4 E. 454 
 
 V. M'Murdo, 5 E. 51 
 
 V.Moody, 4H. &M.1 
 
 Morriss v., 1 Eob. 478 
 
 PoUard »-, 4 C. 245 
 
 Snead v., 7 G. 300 
 
 VereU «., 4 C, 230 
 
 White v., 6 G. 138 
 
 Whitehead »., 31 G. 784 
 
 Coles V. Withers, 33 G. 186 
 
 V. Wooding, 2 P. & H. 189 
 
 Colfert, Winch. & Stras. E. E. Co., 
 
 27 G. 779 
 
 Colgin, Hendren v., 4 M . 231 
 
 78 
 
618 
 
 TABLE OF CASES. 
 
 Colgin V. Henley, 6 L. 85 
 
 Lightfoot ir., 5 M. 42 
 
 Colhoun, Wilson v., 27 G. 639 
 
 Colin, Patty v., 1 H. & M. 519 
 
 CoUey, Eppes v., 2 M. 523 
 
 V. Sheppard, 31 G-. 3ia 
 
 Collier, Carroll County v, 22 G. 302 
 
 V. Southern Ex. Co.,32 G. 718 
 
 Collin's Case, 9 L. 666 
 
 ex parte, 2 V. C. 222 
 
 Dillard v., 25 G. 343 
 
 V. Janey, 3 L. 389 
 
 ■B. Jones, 6 L. 530 
 
 V. Lofftus, 10 L. 5 
 
 ■V. Lowry, 2 "W. 75 
 
 D. Kow, 10 L. 114 
 
 Colly V. Archer, 4 H. & M. 410 
 
 Colqnhoun's Case, 2 H. & M. 213 
 
 V. Atkinsons, 6 M. 550 
 
 Colston, Long v., 1 H, & M. Ill 
 
 Long v., Gil. 98 
 
 Orrick v., 7 G. 189 
 
 Coltrane v. "Worrell, 30 G. 434 
 
 Columbian Col. v. Clopton, 7 G. 168 
 
 Colvert, Marshall «., 5 L. 146 
 
 V. Millstead, 5 L. 88 
 
 Colville, Eoss v., 3 C. 482 
 
 CoMn V. Menifee, 11 G. 87 
 
 Koherts v., 3 G. 342 
 
 Comer, Jones v., 5 L. 350 
 
 Commonwealth, Adie v., 25 G. 712 
 
 AUen v., 6 G. 529 
 
 Anderson v., 18 G. 
 
 750 
 
 Archer v„ 10 G. 627 
 
 Arentsi)., 18 G. 750 
 
 Barrett v., 27 G. 110 
 
 Bolany v.,. 24 G. 31 
 
 V. Byrne, 20 G. 165 
 
 Calwell?)., 176.391 
 
 V. Chalkley, 20 G. 
 
 404 
 
 Chapman v., 25 G. 
 
 721 
 
 C. &0. E. E. Co.«., 
 
 27 G. 344 
 
 Davis v., 13 G. 139 
 
 Davis v., 16 G. 134 
 
 V. Drevrry, 15 G. 1 
 
 V. Fields, 33 G. 291 
 
 Piort v., 12 G. 564 
 
 V. Pord, 29 G. 683 
 
 Fox v., 16 G. 1 
 
 Gedney v., 14 G. 318 
 
 Hamlett*., 3 G. 78 
 
 HaynesD., 31G. 96 
 
 Higginbotham v., 25 
 
 G. 627 
 
 Holland ^)., 21 G. 511 
 
 ». Holmes, 25 G. 771 
 
 Commonwealth v. Johnson, 33 G. 
 
 294 
 
 V. Levy, 23 G. 21 
 
 M'Dearman v., 21G. 
 
 511 
 
 MiUer v., 27 G. 110 
 
 Milnersv.,21 G.511 
 
 Monteith v., 15 G. 
 
 172 
 
 Keal v., 21 G. 511 
 
 Pace v., 21 G. 511 
 
 Quinn v., 20 G. 138 
 
 gangster v., 17 G. 
 
 124 
 
 Saunders«.,3G. 204 
 
 Saunders v., 10 G. 
 
 494 
 
 Thompson v., 20 G. 
 
 724 
 
 Yaughan v., 17 G, 
 
 386 
 
 Walker J)., 18 G. 13 
 
 Wells v., 21 G. 500 
 
 , 'B.Yates, 9 G. 693 
 
 Comptora V. dine, 5 G. 137 
 
 Hendricks v., 2 Eob. 192 
 
 ■V. Major, 30 6. 180 
 
 V. Tabor, 32 G. 121 
 
 Condon v. South Side E. E. Co., 14 G. 
 
 302 
 
 Conly, Cody v., 27 G. 313 
 
 Conn, Clarke v., 1 M. 160 
 
 Connally,' Grasswitt t;., 27 G. 19 
 
 Connecticut Mut. Life Ins. Co. v. 
 
 Duerson, 28 G. 630 
 
 ConneU's Case, 3 G. 559 
 
 Connelly, Kyle c, 3 L. 719 
 
 Stroud v., 33 G. 217 
 
 Conner's Case, 2 V. C. 30 
 
 Connolly v. Connolly, 32 G. 657 
 
 Connor's Case, 5 L. 718 
 
 Conococheague Bank, Eees v^ 5 E. 326 
 
 Conrad, Daniels v., 4 L. 401 
 
 V. Harrison, 3 L. 532 
 
 Marshall »^ 5 C. 364 
 
 Conrod v. Conrod, 2 V. C. 138 
 
 Dust v., 5 M. 411 
 
 Continental Ins. Co. v. Kasey, 25 G. 
 
 268 
 
 V. Kasey, 27 6. 
 
 216 
 
 Conway, Boyle v^ 3 C. 1 
 
 V. HaU, 1 V. C. 6 
 
 Cook's Case, 1 Eob. 729 
 
 Baber v., 11 L. 606 
 
 V. Berkley, 3 C. 378 
 
 Boyd v., 3 L. 32 
 
 V. Darby, 4 M. 444 
 
 V. Hays, 9 G. 142 
 
 Lingle v., 32 G. 262 
 
TABLE OF CASES. 
 
 619 
 
 Cook, Stockton v., 
 Cooke V. Beale, 
 
 V. Graham, 
 Lee v., 
 Lee v., 
 Norfolk v., 
 V. Piles, 
 i: Pope, 
 V. Simms, 
 V. Simms, 
 V. Thorntou, 
 V. Wise, 3 H 
 
 Cookes V. Patriotic Bank, 
 Cookus V. Peyton, 
 Cooper, Bream v., 
 
 V. Hepburn, 
 Lamberts v., 
 Melson v., 
 Noyes v., 
 Penner v., 
 V. Saunders, 1 H. 
 Smith v., 
 Taylor v., 
 Throckmorton v., 
 Utterback v., 
 Copland, Buck v., 
 Coplin V. M'Calley, 
 
 V. Sehon, 
 Copper, M'Lean v., 
 Corbelli;. Zeluff, 
 Corbett v. Nutt, 
 Corbin v. Beverly, 
 Burwell v., 
 V. Emmerson, 
 , Lancaster v., 
 V. Mills, 
 V. Southgate, 
 Thornton v., 
 ^ Thornton v., 
 Thornton r., 
 Cordell v Smith, 
 Corder, Piggs v., 
 Cordle v. Burch, 
 V. Cordle, 
 Core, Addison v., 
 Corkery, Lindsay c, 
 Comwell, Ashley v., 
 
 Higginbotham v.. 
 Nelson v., • 
 v. Truss, 
 Corprew v. Boyle, 
 Corr ti. Porter, 
 Corse, Sawyer v., 
 Coryell, Marsteller ii., 
 Cosby «. Bell, 
 Eacho v., 
 Fox v., 
 V. Hite, 
 I'. Lambert, 2 
 
 4H 
 
 3H, 
 
 3M. 68 
 
 I W. 313 
 
 5 M. 172 
 Gil. 331 
 
 IW. 306 
 
 27 G. 430 
 
 2 M. 161 
 
 3 M. 167 
 2 0.39 
 
 2 C. 374 
 6E. 8 
 
 6 M. 463 
 1 L. 433 
 
 1 G. 431 
 5M. 7 
 
 15 G. 551 
 29G. 61 
 4 L. 408 
 a L. 186 
 
 4 M. 458 
 & M. 413 
 
 6 M. 401 
 lOL. 317 
 
 3M. 93 
 
 28 G. 233 
 
 2 C 218 
 1 L. 280 
 
 1 L. 280 
 
 3 C. 367 
 12 G. 226 
 
 18 G. 624 
 & M. 448 
 
 IE. 131 
 10 L. 663 
 
 19 G. 438 
 19 G. 438 
 & M. 319 
 
 3 C. 221 
 3 C. 232 
 
 3 C. 384 
 6 E. 612 
 12 L. 69 
 
 10 G. 480 
 6 M. 455 
 
 2 M. 279 
 
 29 G. 650 
 2 M. 268 
 
 , 8 G. 83 
 
 II G. 7-24 
 8 M. 195 
 24 G. 284 
 33 G. 278 
 17 G. 2rO 
 
 4 L. 325 
 6 M. 282 
 
 26 G. 112 
 
 2C.1 
 
 1 W. 365 
 
 V. C. 229 
 
 Cottingham, United States v., 1 Kob. 
 
 615 
 
 Cottle, Hogne v., 2 V. C. 229 
 
 Cottom V. Cottom, 4 R. 192 
 
 Cottrell's Case, 2 Eob. 771 
 
 Dabney »., 9 G. 572 
 
 Couch c. Fretwell, 10 L. 578 
 
 ». Hooper, 2 L, 5-57 
 
 V. MiUer, 2 L. 545 
 
 Webster v., 6 E. 519 
 
 Counts, M'Eeynold v., 9 G. 242 
 
 County Levy Case, 5 C. 139 
 
 Countz i>. Geiger, 1 C. 190 
 
 Coupland v. Anderson, 2 C. 106 
 
 Court, Burwell v., I W. 254 
 
 Courtney's Case, 5 E. 666 
 
 Cauthorn «., 6 G. .381 
 
 Eichmond v., 32 G. 792 
 
 Cousin's Case, 2 L. 708 
 
 Case, 19 G. 807 
 
 ParkeEt'., 2 G. 372 
 
 Ehodes v., 6 E. 188 
 
 Coutts V. Craig, 2 H. & M. 618 
 
 V. Greenhow, 2 M. 363 
 
 Greenhow v., 4 H. & M. 485 
 
 B. Walker, 2 L. 268 
 
 Covey, NBchols »., 4 E. 365 
 
 Covington, Heywood v., 4 L. 373 
 
 Cowan V. Doddridge, 22 Hj. 458 
 
 V. Eppes, 2 P. & H. 520 
 
 V. Fulton, 23 G. 579 
 
 State Bank N. C. v., 8 L. 238 
 
 Cowardin v. Universal Life Ins. Co., 
 
 32 G. 445 
 
 Cowherd, O. & A. E. E. Co. v., 17 G. 
 
 366 
 
 Cowles V. Brown, 4 C. 477 
 
 Howell v., 6 G. 393 
 
 Cowling V. Nansemond Jus., 6 E. 349 
 
 Cox, Cabell v., 
 
 Chowning i'., 
 V. Cox, 
 Franklin v., 
 V. M'Mullin, 
 Pratt v., 
 V. Eomine, 
 Schofield v., 
 V. Thomas, 
 V. Thomas, 
 Crabbin, Stewart v., 
 Crabtree v. Horton, 
 Craddock, Easley v.; 
 
 Foxwell v.. 
 Craft's Case,. 
 Craghill v. Page, 
 Craig's Case, 
 
 Bank of Va. v. 
 Caldwell r., 
 Caldwell v., 
 V. Craig, 
 
 27 G. 182 
 IE. 306 
 
 26 G. 305 
 4 E. 448 
 14 G. 82 
 
 22 G. 330 
 9G. 27 
 
 8 G. 533 
 
 9 G. 312 
 9 G. 323 
 6 M. 280 
 
 4M. 59 
 4 E. 423 
 
 1 P. & H. 250 
 
 24 G. 602 
 
 2 H, & M. 446 
 
 6 E. 731 
 6 L. 399 
 
 21 G. 132 
 
 22 G. 340 
 1 C. 483 
 
6-20 
 
 TABLE OF CASES, 
 
 Graig, Coutts r.. 2 H. & il, 618 
 
 Helsley v., 33 G. 716 
 
 0. Sebiell, 9 G. 131 
 
 V. Walthall, 14 G. 518 
 
 - "Wise v., 1 H. & M. 598 
 
 Craigen v. hdbb, 12 L. 627 
 
 Lee c, 8 L. 449 
 
 Grain, Green r.. 12 G, w52 
 
 Gralle, Bettsu,' 1M.238 
 
 Eppes f., 1 M. 258 
 
 r. Meene, 8 G. 496 
 
 Crane's Case, 1 V. C. 10 
 
 c. Crane, 21 G. 579 
 
 Crawford, Bell v., 8 G. II 
 
 r. Daigh, 2 V. C. 521 
 
 V. Garrett, 2 L. 630 
 
 V. Halstead, 20 G. 211 
 
 i: M'Daniel, 1 Rob. 448 
 
 V. M'Donald, 2 H. & M. 189 
 
 M'Dowell v., 11 G. 377 
 
 Miller v., 32 G. 277 
 
 f: Morris, 5 G. 90 
 
 V. Moses, 10 L. 277 
 
 V. Patterson, 11 G. 364 
 
 V. Shover, 29 G. 69 
 
 V. The Valley R. R. Co., 25 
 
 ' G. 467 
 
 5. Thurmoiicl, 3 L. 85 
 
 r. Turk, 24 G. 176 
 
 i: Weller, 23 G. 835 
 
 Williamson v., 7 G. 202 
 
 C'ruwlcy, Osborne r., 1 V. C. 1 13 
 
 CueaSy r. Anthony, 15 G. 518 
 
 Creel r. Brown, 1 Rob. 265 
 
 Butcher p., 9 G. 201 
 
 Morris v., 1 V. C. 333 
 
 Morris v., 2 V. C. 49 
 
 Cregor's Case, 7 G, 591 
 
 Creigh, Bowyer v., 3 R. 25 
 
 V. Henson, 10 G. 231 
 
 Creightou v. Davies, 33 G. 696 
 
 Crenshaw, Arthur v., 4 L. 394 
 
 f. Clark, 6 L. 65 
 
 !'. Crenshaw,. 2 H.& M.22 
 
 Delaplane r., 15 G. 457 
 
 Foster v., 3 M. 514 
 
 Harris r., 3 R. 14 
 
 t). Patterson, 6 L. 457 
 
 I). Seigfried, 24 G. 272 
 
 iJ. Slate River Co., 6 R. 245 
 
 *. Smith. 5 M. 415 
 
 Wingfield -■., 3 H. & M. 
 
 245 
 
 V. Wingfield, 4 H. & M. 
 
 474 
 
 Cw'Hiqir. M'Lean, 5 L, 381 
 
 Crews, Davis v., 1 G. 407 
 
 *'. Farmers' Bauk, 31 G. 348 
 
 i\ Garland, 2 M. 491 
 
 Miller v., 2 L. 576 
 
 Crews V. Pendleton, I L. 29T 
 
 Cribbins v. Markwood, 13 G. 495 
 
 Crickard i). Crickard, 25 G. 410 
 
 Criddle, Merryman v., 4 M. 542 
 
 Crigler v. Alexander, 33 G. 674 
 
 CringaA )■. Nicolson, 1 H. & M. 429 
 
 Crippin, Brown v., 4 H. & M. 173 
 
 Criss, Gross v., 3 G. 250 
 
 Crockett, Gage v., 27 G. 735 
 
 Sexton v., 23 G. 857 
 
 V. Sexton, 29 G. 46 
 
 r. Thomas, 20 G. 419 
 
 Croft V. Croft, 4 G. 103 
 
 Cromer r. Cromer, 29 G. 280 
 
 Cromwell, Noland c, 4 M. 155 
 
 V. Tate, 7 L. 301 
 
 Cronie r. Hart, , 1 8 G. 739 
 
 Cropper's Case, 2 Rob. 842 
 
 V. Burtons, 5 L. 426 
 
 V. Carlton, 6 M. -.^77 
 
 V. West, 4 M. 299 
 
 Cross 0. Cross. 9 L. 245 
 
 V. Cross, 4 G. 257 
 
 Marshall v.. 26 G. 679 
 
 Crouch (1, Dabney, 2 G. 415 
 
 r. Davis. 23 G. 62 
 
 Lohmani., 19 G. 331 
 
 V. Puryear, 1 R. 258 
 
 Watkins x;., 5 L. 522 
 
 Cronghton v. Duval, 3 C. 69 
 
 Crow V. Crow, 1 L. 74 
 
 Hale r., 9 G. 263 
 
 Crowdhill, Wilson (.. 2 M. 302 
 
 Crowe's Case, 1 V. C. 125 
 
 Oroxton, Brooke v.. 2 G. 506 
 
 Crnmmey, Norris r., 2 R. 323 
 
 Crump's Case, 1 V. C. 172 
 
 c. Dudley, 3 C. 507 
 
 i>. Ficklin, IP.&H. iOl 
 
 Goddiu f., ^ L. 120 
 
 Macon v., 1 C. 575 
 
 v. Nicholas, 5 L. 251 
 
 Omohundro v., 18 G. 703 
 
 Price r.. 2 H. & M. 89 
 
 .■- Redd, 6 G. 37i 
 
 r. Stamper, 27 G. 42 
 
 v.V. S. Min.('o., 7G. 352 
 
 Crutcher i>. Crutcher, 4 M. 457 
 
 Drummond o., 2 W. 218 
 
 Crutebfield, Koe r., 1 H. & JI. 361 
 
 Culbx-eath, Field r., 2 C. 547 
 
 Cullen's Case, 24 G. 624 
 
 Gimmi c, 20 G. 439 
 
 Grseme i\, 23 G. 266 
 
 CuUins, Taylor v., 12 G. 394 
 
 Culpepper, Dodson c, 23 G. 352 
 
 Agri. & Man. Soc. 
 
 V. Diggs, 6 R. 165 
 
 Cumberland Bank, Hopewell «., 10 
 
 L. 206 
 
TABLE OF CASES. 
 
 621 
 
 Ciimiuiug, Thompson c, 2 L. 321 
 
 Cumtaings' Case, 2 V. C. 128 
 
 Cunningham's Case, 6 G. 695 
 
 Allen i\, 3 L. 395 
 
 Bassett v., 7 L. 402 
 
 Bassett v., 9 G. 684 
 
 i.: Cunningham, 4 G. 
 
 43 
 
 Griffins)., 19 G. 571 
 
 Grifan v.. 20 G. 31 
 
 0. Herndbn, -2 C. 530 
 
 Hull v., 1 M. 330 
 
 Kincaid «., 2 JI. I. 
 
 c. Mitchell, 4 E. Ih9 
 
 Norman i;., 5 G. 63 
 
 V. Patteson, 3 R. 66 
 
 Skipwith v., 8 L. 271 
 
 ,. Smith, 10 G. 255 
 
 (I. Smithson, 12 L. 'di 
 
 Cunningham & Co.'s Case, 4 C. 331 
 
 Curd V. Miller, 7 G. 185 
 
 Curran's Case, 7 G. 619 
 
 Curriei). Carter, 5 C. 158 
 
 i: Donald, 2 W. 58 
 
 V. Martin, 3 C. 28 
 
 V. Mut. Ass. Soc, 4 H. & M. 
 
 315 
 
 IK Page, 2 L. 617 
 
 Curriu, Hoge v., 3 G. 192 
 
 «. Spniull, 10 G. 145 
 
 Curry v. Burns, 3 C. 18» 
 
 V. Burns. 2 W. i21 
 
 Curtis, Clarke v., 11 L. 559 
 
 Clarke v , 1 G. 289 
 
 V. Lunn, 6 M. 42 
 
 V Thompson, 29 U. 474 
 
 Curzen, M'Connico v., 2 C. 358 
 
 Cnstis v. Fitzhugh, J. 72 
 
 V. Lane, 3.M. 579 
 
 Sheddeu v., 6 C. 241 
 
 V. Sucad, 12 G. 260 
 
 Cutchin y. Wilkinson, 1 C. 3 
 
 Cutler V. Hiuton, 6 E. 509 
 
 Outright, Jackson c, 5 M. 308 
 
 Cutting, Carter v.. 5 M. 223 
 
 V. Carter, 4 H. & M. 424 
 
 V. Carter, 4 H. & M. 478 
 
 Dabuey's Case, 1 Eob. 696 
 
 V. Catlett, IS L. 634 
 
 V. Catlett. 12 L. 383 
 
 Crouch I)., 2G. 415 
 
 V. Cottrell, 9G.572 
 
 V. Dabney, 2 Rob. 622 
 
 V. Green, 4 H. & M. 101 
 
 ■V. Kennedy, 7 G. 317 
 
 V. Knapp, 2 G. 354 
 
 Minor v.. 3 E. 191 
 
 V. Preston, 25 G. 838 
 
 i). Smith, 5 L. 13 
 
 Dabney v. Taliaferro, 
 
 4 R. 256 
 
 Dade v. Alexander, 
 
 1 W. 30 
 
 V. Madison, 
 
 5 L. 401 
 
 Smock v., 
 
 5 E. 639 
 
 Daggs, Wilson v., 
 
 8L 681 
 
 Daigh, Crawford v., 2 V. C. 521 
 
 Dailey, Snyder v., 1 E. 76 
 
 Daiugerfield v. Thompson, 33 G. 136 
 
 Dalby, Literary Fund v., 4 G. 528 
 
 t: Price, 2 W. 191 
 
 Dale, Cockerill «., 33 G. 45 
 
 Daly, Tucker v., 7 G. 330 
 
 Dance's Case, 5 M. 349 
 
 V. Seaman, 11 G. 778 
 
 Dandridge's Case, 2 V. C. 408 
 
 V. Dorring-ton, 5 C. 351 
 
 ■D.Harris, 1W.326 
 
 ■V. Lyon, Wy. 123 
 
 V. Minge, 4 R 397 
 
 Spotswood v., 4 H. & 
 
 M. 139 
 
 Spotswood v., 4 M. 289 
 
 Dangerfield, Armistead v., 3 M. 20 
 
 V. Claiborne, 2 H & M. 
 
 17 
 
 V. Claiborne, 4 H. & M. 
 
 397 
 
 V. Rootes, 1 M. 529 
 
 Daniel v. Leitch, 13 G. 195 
 
 V. Machins, 6 M. 61 
 
 V. Morton, 4 M. 120 
 
 Richmond v., 14 G. 385 
 
 t: Robinson, 1 W. 154 
 
 V. Robinson, 4 C. 5"0 
 
 Rowletts v., 4 M. 473 
 
 South'side R. E. Co. «., 20 G. 
 
 344 
 
 Whiting v., 1 H & M, 391 
 
 Daniels' Case, 2 V. C. 402 
 
 V. Conrad, 4 L. 401 
 
 Danville Bank v. Waddill, 27 G. 448 
 
 II. Waddill, 31 G. 469 
 
 Darby, Cook c, 4 M. 444 
 
 V. Henderson, 3 M. 115 
 
 Ross v., 4 M. 428 
 
 V. Stringer, J. 10 
 
 Dare, Linney v., 2 L. 588 
 
 V. Harrison, 4 R. 336 
 
 Darlington v. M'Coole, 1 L. 36 
 
 Darmsdatt v. Wolfe, 4 H. & M. 246 
 
 Damall v., Smith, 26 G. 878 
 
 Darne, Summers v., 31 G. 791 
 
 Darniele, Barnettii., 3 C. 413 
 
 Darracott, M'Kildoe v., 13 G. 278 
 
 Darst, Baldwin v., 3 G. 126 
 
 Dashiell, Merch. & Mech, Sav. Bank 
 
 v., 25 G. 616 
 
 Davenport's Case, 1 L- 588 
 
 Lawrason v.. 2 C. 95 
 
 V. Mason, 2 W. 200 
 
622 
 
 TABLE OF CASES. 
 
 Davenport, Thompson «., 1 W. 125 
 
 Davidson, Garland v., 3 M. 189 
 
 Davies, Anderson v., 6 M. 484 
 
 V. Crieghton, 33 G. 696 
 
 V. MiUer, 1 C. 127 
 
 Davis' Case, 17 G. 617 
 
 •v. Baxter, 2 P. & H. 133 
 
 V. Crews, 1 G. 407 
 
 V. Christian, 15 G. 11 
 
 Crouch v., 23 G. 62 
 
 •I). Commonwealthj 13 G. 139 
 
 V. Commonwealth, 16 G. 134 
 
 V. Davis, 25 G. 587 
 
 V. Davis, 2 G. 363 
 
 Dickenson v., 2 L. 401 
 
 Durrett v., 24 G. 302 
 
 Faulkner v., 18 G. 651 
 
 V. Franke, 33 G. 413 
 
 Fultz v., 26 G. 903 
 
 Glass v., 23 G. 184 
 
 «. Haiman, 21 G. 194 
 
 Harman v., 30 G. 461 
 
 , Hodges i)., 4H. &M. 400 
 
 Howatti)., 5 1VI. 34 
 
 Jiggetts v., 1 L. 368 
 
 Johns v., 2 Kob. 729 
 
 V. Johnson, 3 M. 81 
 
 «. Knight, 24 G. 406 
 
 Lipscombe c. 4 L. 303 
 
 Mackie v., ' 2 W. 219 
 
 V. Martin, 3 M. 285 
 
 V. Mead, 13 G. 118 
 
 V. Miller, 14 G. 1 
 
 V. Newman, 2 Rob. 664 
 
 V. Payne, 4 E. 332 
 
 Poindexter v., 6 G. 481 
 
 Keno v., 4 H. & M. 283 
 
 Eichardson v., 21 G. 706 
 
 Kohr v., 9 L. 30 
 
 V. Eowe, 6 K. 355 
 
 V. Snead, 33 G. 705 
 
 Smith «., 4 G. 50 
 
 «. Teays, 3 G. 270 
 
 V. Thomas, 5 L. 1 
 
 Tilson v., 32 G. 92 
 
 V. Turner, 4 G. 422 
 
 Turner v., 7 L. 227 
 
 Wood »., 1 W. 69 
 
 Davison, Fawkes v., 8 L. 554 
 
 Stevens v., 18 G. 819 
 
 V. Waite, 2 M. 527 
 
 Davisson, Lewis v., 29 G. 216 
 
 Overton-!)., 1 G.211 
 
 Wilson v., 5 M. 178 
 
 Wilson v., 2 Eob. 384 
 
 Davy, Spengler v., 1 5 G. 381 
 
 Dawney, Moore v., 3 H. & M. 127 
 
 V. Wright, 2 H. & M. 12 
 
 Wright 1)., 3 H. & M. 259 
 
 Dawson v. Dawson, 10 L. 602 
 
 JJawson, Glascock v., 1 M. 605 
 
 «. Graves, 4 G. 127 
 
 Literary Fund «., 10 L. 147 
 
 Literary Fund v., 1 Eob. 402 
 
 V. Moons, 4 M. 535 
 
 EivannaNav. Co. ■»., 3 G. 19 
 
 Thomas »., 9G.531 
 
 V. Thruston, 2 H. & M. 132 
 
 V. Watkins, 2 Eob.,259 
 
 Winslow v., 1 W. 118 
 
 V. Winslow, Wy. 114 
 
 Day's Case, 2 G. 562 
 
 Case, 3 G. 599 
 
 Case, 23 G. 915 
 
 Chirke v, 2 L. 172 
 
 Farmers'Bank i>., 6 G. 360 
 
 V. Hale, 22 G. 146 
 
 V. Murdock, 1 M. 460 
 
 V. Pickett, 4 M. 104 
 
 Eobinson v., 5 G. 55 
 
 Stinson v., 1 Rob. 435 
 
 Dean's Case, 4 G. 541 
 
 Case, 32 G. 912 
 
 Childers v., 4 E. 406 
 
 V. Hansford, 9 L. 253 
 
 Deanes v. Scriba, 2 C; 415 
 
 Dearing «. Eueker, 18 G. 426 
 
 De Baptists, Beck v., 4 L. 349 
 
 Deck, Kirtley v., 2 M. 10 
 
 Kirtley v., 3 H. & M. 388 
 
 •Deems v. Qnarrier, 3 R. 475 
 
 DeEnde v. Tart, 2 P. & H. 663 
 
 V. Wilkinson, 2 P. & H. 663 
 
 Defarges v. Lipscomb, 2 M. 451 
 
 Deford v. Hayes, 6 M. 390 
 
 Degraffenreid v. Donald, 2 H. & M. 10 
 
 Dejamette v. Allen, 5 G. 499 
 
 Baylor v., 13 G. 152 
 
 DeLacy v. Antoine, 7 L. 438 
 
 Delaney v. Goddin, 12 G. 266 
 
 Delaplane v. Crenshaw, 15 G. 457 
 
 V. Haxall, 15 G. 457 
 
 Delima v. Glassel, 2 C. 368 
 
 V. Glassel, 4 H. & M. 369 
 
 Deloney v. Hutcheson, 2 R. 183 
 
 Demoville, Eppes «., 2 C. 22 
 
 Dempsey v. Laurence, Gil. 333 
 
 Deneale, Alexander v., 2 M. 341 
 
 V. Morgan, 5 0. 407 
 
 Deneufville v. Travis, 5 G. 28 
 
 Denham. Eogers v., 2 G. 200 
 
 Denigree, Moses v., 6 E. 561 
 
 Dennis, Hopkirk v., 2 M. 3^6 
 
 Depew V. Howard, 1 M. 293 
 
 Depriest, Calahan v., 13 G. 274 
 
 Franklin v., 13 G. 257 
 
 Hawkins v., 4 M. 469 
 
 Robertson v., 6 M. 469 
 
 Rosser v., 5 G. 6 
 
 Derienx's Case, 2 V. C. 379 
 
TABLE OF CASES. 
 
 623 
 
 De Rothschilds v. Auditor, 22 G. 41 
 
 Deshazo, Morris v„ 4 E.. 460 
 
 Yarbrough v., 7 G. 374 
 
 Deshields, Jameson v., 3 G-. 4 
 
 Deskins' Case, 4 L. 685 
 
 De Soar, Anderson v., 6 G. 363 
 
 Devaughn v. Devaughn, 19 G. 556 
 
 Dever's Case, 10 L. 685 
 
 V. Ross, 10 G. 252 
 
 Devisme v. Martin, Wy. 298 
 
 De Voss ». Richmond, 18 G. 338 
 
 Deyries v. Johnston. 27 G. 805 
 
 Young v., 31 G. 304 
 
 Deyerle, Cecil v., 28 G. 775 
 
 V. Stair, 28 G. 800 
 
 Dew V. Judges, 3 H. & M. 1 
 
 Dice, Pharis v., 21 G. 303 
 
 Dick, Coleman v., 1 W. 233 
 
 Terrell «., 1 C. 546 
 
 Dickehsou, Brown v., 27 G. 690 
 
 V. Davis, 2 L. 401 
 
 V. HoUoway, 6 M. 422 
 
 Dickey, Reeves v.,' 10 G. 1 38 
 
 Dickerson. Farneyhough v., 2 Eob. 
 
 582 
 
 Dickinson, Coleman v., J. 67 
 
 V. Dickinson, 2 G. 493 
 
 V. Dickinson, 25 G. 321 
 
 V. Helms, 29 G^ 462 
 
 V. Hoomes, 1 G. 302 
 
 V. Hoomes, 8 G. 35^ 
 
 Gray v., 4 G. H7 
 
 Kent v., 25 G. 817 
 
 Kent v., 26 G. 1009 
 
 V. M'Craw, 4 R. 158 
 
 Oswald v., 2 C. 16 
 
 Perkins v., 3 G. 320 
 
 Sage v., 33 G. 361 
 
 V. Sizer, 4 R. 113 
 
 V. Smith, 5 G. 135 
 
 Sutton v., 9 L. 142 
 
 Dickinsons, Roach «., 9 G. 154 
 
 Didier, Carrington v., 8 G. 260 
 
 Didlake v. Hooper, Gil. 194 
 
 Digges, Beale v., 6 G. 582 
 
 Cnlpeper Ag- and Mac. Soc. 
 
 «., 6 R. 165 
 
 V. Dunn, 1 M. 56 
 
 Edmunds v., 1 G. 359 
 
 V. Norris. 3 H. & M. 268 
 
 Dillard v. Collins, 25 G. 343 
 
 Feazle v., 5 L. 30 
 
 V. Thornton, 29 G. 392 
 
 Dilliard, Tomlinson v., 3 C. 105 
 
 Tomlinson ®.,3 H. & M. 199 
 
 V. Tomlinson, 1 M. 183 
 
 Dilworth's Case, 12 G. 689 
 
 Dimmett v. Eskridge, 6 M. 308 
 
 Dinguid v. Schoolfield, 32 G. 803 
 
 Dinwiddle Co. v. Stuart, 28 G. 526 
 
 Dinwiddle Jus. v. Chesterfield Jus., 
 
 5 C. 556 
 
 Dishazer v. Maitland, 12 L. 524 
 
 Disher, Kayser v., 9 L. 357 
 
 Dishman, Hord v., 5 C. 279 
 
 Hord v., 2 H. & M. 595 
 
 Sale v., 3 L. 548 
 
 Dis. S. Land Co., Macavilay v., 2 Rob. 
 
 507 
 V. A. Macaulay, 7 G. 
 476 
 Distribution, Case upon Statute of, 
 Wy. 302 
 Dix V. Evans, 3 M. 308 
 
 Dixon, Fred v., 27 G. 541 
 
 Kerr v., 2 C 379 
 
 Knibh v., 1 E. 249 
 
 V. McCue, . 21 G. 373 
 
 V. McCue, 14 G. 540 
 
 V. Myers, 7 G. 240 
 
 Nicholson v., 5 M. 198 
 
 Doane v. Keating, 12 L. 391 
 
 Dobbings, M'Million v., 9 L. 422 
 
 Dobson, White v., 17 G. 262 
 
 Dobyns, Tarpley ii., 1 W. 185 
 
 Dock's Ca'^e, 21 G. 009 
 
 Doddridge, Clarkson v., 14 G. 42 
 Cowan v., 22 G. 458 
 
 Hewes v., 1 Rob. 143 
 
 Dodge, Skinner v., 4 H. & M. 432 
 Dodson V. Calpeper, 23 G. 3-52 
 
 V. Simpson, 2 R. 294 
 
 Doe, Jones v., 6 M. 105 
 
 Dogan V. Seekright, 4 H. & M. 125 
 Doggett V. Helm, 17 G. 96 
 
 Dold, Breut t)., Gil. 211 
 
 Wallace v., 3 L. 258 
 
 Donaghe v, Rankin, 4 M. 261 
 
 V. Koudeboush, 4 M. 251 
 Williams v., 1 R. 300 
 
 Donald, Currie v., 3 W. 58 
 
 Degraffenreid v., 2 H. & M. 
 10 
 Totty v., 4 M. 430 
 
 Donally v. Ginatt, 5 L. 359 
 
 Hoover u, 3H.&M. 316 
 V. Wilson, 5 L. 329 
 
 Donnally, Edgar v., 2 M. 387 
 
 Tyree v., 9 G. 64 
 
 Donnell v. King, 7 L. 393 
 
 Doolittle V. Maleom, 8 L. 608 
 
 Dorrington, Dandridge v., 5 C. 851 
 Dorsey, Snickers v., 2 M. 505 
 
 Doswell V. Anderson, 1 P. & H. 185 
 ■V. Buchanan, 3 L. 365 
 
 Doss' Case, 1 G. 557 
 
 Dotton, Ervine v., 6 M. 231 
 
 Douglas, Bull v., 4 M. 303 
 
 Piper v., 3 G. 354 
 
 Spotswood v., 6 M. 312 
 
624 
 
 TABLE OF OASES. 
 
 Douglass V. Fagg, 8 L. 588 
 
 V. M'Chesney, 3 R. 109 
 
 V. Roan, 4 C. 353 
 
 •II. Scott, 8 L 43 
 
 V. Stumps, 5 L. 392 
 
 Dove's Case, 3 V. C. 26 
 
 Case, 2 V. C. 29 
 
 Dow V. Adams, 5 M. 21 
 
 Dowdall's Case, 1 V. C. 7 
 
 Pickett v., 2 W. 106 
 
 Dowdy's Case, 9 G. 727 
 
 Merewethei v., 25 G. 232 
 
 Downer v. Morrison, 2 G. 237 
 
 V. Morrison, 2 G. 250 
 
 Downey v. Nutt, ■ 19 G. 59 
 
 Downman, Beale v., 1 C. 249 
 
 V: Chinn, 2 W. 189 
 
 ),'. Downman, 1 W. 26 
 
 V. Downman, 2 C. 507 
 
 V. Bust, 6 E. 587 
 
 Tomkies v., 6 M. 557 
 
 Dozier, Bier r., 24 G. 1 
 
 Drago V. Stead, 2 E. 454 
 
 Drake & Cochran's Case, 6 G. 665 
 
 V. Chandler, 18 G. 909 
 
 {>. Lyon, 9 G. 54 
 
 Drane v. Scholfield, 6 L. 386 
 
 Draper v. Gorman, 8 L. 628 
 
 Drew v: Anderson, 1 C. 51 
 
 Dre wry. Commonwealth «--., 15 G. 1 
 
 Mann v., 5 L. 296 
 
 Drummond v. Crn'tcher, 3 W. 218 
 
 Johnson v., 20 G. 419 
 
 Newcomb v., 4 L. 57 
 
 V. Richards, 2 M. 337 
 
 Eoane v., 6 R.' 182 
 
 V. Sneed,- 2 C. 491 
 
 Dryden, Auditor v., 3 L. 703 
 
 Duble, Richardson v., 33 G. 730 
 
 Dudgeon, Bray v., 6 M. 132 
 
 Dudley's Case, 6 L. 613 
 
 Anderson v., 5 C. 529 
 
 Crump v., 3 C. 507 
 
 v. Dudleys, 3 L. 436 
 
 Epea v., 4 L. 145 
 
 V. Estill 6 L. 562 
 
 Goodloe v., J. 59 
 
 Major !)., J. 51 
 
 Payne v., 1 W. 196 
 
 Duerson v. Alsop, 27 G. 229 
 
 V. Conn. Mut. Life Ins. Co., 
 
 28 G. 630 
 
 Duesberry, Richmond «., 27 G. 210 
 
 Duflf V. Duff, 3 L. 523 
 
 Duffield, M'Laughlin v., 5 G. 133 
 
 Lucas v., 6 G. 456 
 
 Dugger, Auditor v., 3 L. 241 
 
 Dngnid v. Patterson, 4 H. & M. 445 
 
 Duke, Burnley v., 1 ]{. 108 
 
 Burnley v., 2 Rob. 102 
 
 Duke, Hogah v.. 20 G. 244 
 
 Morris v., 2 P. & H. 462 
 
 Dulany, Green v., 2 M. 518 
 
 Dulaney, Carter v., 30 G. 192 
 
 DuU's Case, 25 G. 965 
 
 Dnnbar v. Beale, 5 M. 24 
 
 V. Buck, , 6 M. 34 
 
 HoUingsworth v., 5 M. 199 
 Hollingsworth v., 3 M. 168 
 ('. Lindenberger, 3 M . 169 
 V. Long, 4 H. & M. 212 
 
 Shumate v., 6 M. 430 
 
 V. Woodcock, 10 L. 628 
 
 Duncan v. Helms, 8 G. 68 
 
 Fisher v., 1 H. & M. 563 
 Pryor i^, 6 G. 27 
 
 V. Wright, 11 L. 542 
 
 Dundas, Hepburn v., 13 G. 219 
 
 Dundass, Hendricks v.. 3 W. 50 
 
 Taylor v., 1 W. 92 
 
 Dungan v. Henderlite, 21 G. 149 
 Dunkly, Durham r., 6 E. 135 
 
 Duulap, Beirne v., 8 L. 514 
 
 Chapman v., 4 G. 86 
 
 Dunlop's Case, 2 C. 284 
 
 r. Hapris, 5 C. 16 
 
 (-.Harrison, 14 G. 251 
 
 ('.Keith, 1 L. 430 
 
 V. Laporte, 1 H. & M. 22 
 Scott v., 2 M. 349 
 
 Dunman, Mason t)., , IM. 456 
 
 Dunn V. Amey, 1 L. 465 
 
 •!). Bray, 1 C. 338 
 
 Board Supervisors Washing- 
 ton v., ' 27 G. 608 
 Digges v., 1 M. 56 
 V. Dunn, 26 G. 291 
 Howie v., 1 L. 455 
 Johnson v., 6 G. 625 
 Mason v., 5 G. 384 
 V. Price, 11 L. 203 
 Wills v., 5^G. 384 
 Dunnavant, Clarke t ., 10 L. 13 
 Dunnington o. Pres. & Dir. X. W. 
 Turn. Eoad. 6 G. 160 
 Dunscomb v. Du«scomb, 2 H. & M. 
 
 11 
 
 Duntou V. Eobins, 2 M. 341 
 
 Dupfee V,. Gary, 6 L. 36 
 
 Dupuy V. Hardaway, 4 L. 584 
 
 Univ. Life Ins. Co.r.,30G. 72 
 
 V. Southgates, 11 L. 92 
 
 Durham v. Dunkly, 6 E. 135 
 
 Phippin v., S G. 457 
 
 Durkin v. Exchange Bank of Va., 2 
 
 P. & H. 277 
 
 Durrett v. Davis, 24 G. 302 
 
 Dust V. Conrod, 5 M. 411 
 
 Duval?). Bibb, 3 C. 362 
 
 I'. Bibb, 4 H. & M. 113 
 
TABLE OF CASES. 
 
 625 
 
 Duval, Cronghton «., , 
 
 3C. 69 
 
 V. Maloue, 
 
 H G. 24 
 
 Meredith v., 
 
 IM. 76 
 
 V. Eoss, 
 
 2 M. 290 
 
 Tebbs v., 
 
 17 G. 349 
 
 -i). Trent, 
 
 6 M. 29 
 
 Wood v., 
 
 9L. 6 
 
 Dyar, Rockbold i'., 
 
 3R. 473 
 
 Dye's Case, 
 
 7 G. 662 
 
 Dyer, Broadfoot v.. 
 
 3 M. 350 
 
 Smith v.. 
 
 1 C. 562 
 
 Waggener v., 
 
 11 L. 384 
 
 Dykes v. Woodhouse. 
 
 3 K. 287 
 
 Eacho i>. Cosby, 26 G. 112 
 
 Eades, Appling v., 1 G. 286 
 
 Eagles ?). Hook, 22 G. 510 
 
 Eames, City Lynchburg «., 20 G. 60 1 
 
 Earhait's Case, 9 L. 671 
 
 Early, Cecil v., 10 G. 198 
 
 V. Clarkson, 7 L. 83 
 
 V. Early, Gil. 124 
 
 V. Friend, 16 G. 21 
 
 i: Garland, 13 G. 1 
 
 Jas.R. &Kan. Co. <,.,13G.541 
 
 V. Moore, 4 M. 162 
 
 V. Owen, 6 M. 319 
 
 V. Preston, 1 P. & H. 228 
 
 ■V. Wilkinson, 9 G. 68 
 
 fearman, Sipe v., 26 G. 563 
 
 Earp V. Boothe, 24 G. 368 
 
 Easley v. Craddock, 4 R. 423 
 
 M'Comas v., 21 G. 23 
 
 E. Lun. Asylumi). Garrett,[27 G. 163 
 
 Echols, Londons v., 17 G 15 
 
 Minnisu, 2 H.&M. 31 
 
 Eckhols V. Graham, 1 C. 492 
 
 Eddins, Jarrell v., 2 P. & H. 579 
 
 Eddy, Winder v., 1 W. 87 
 
 Edelin v. Pascoe, 22 G. 8i6 
 
 Edgar v. Donnally, 2 M. 387 
 
 Edloe, M'Candish v., 3 G. 315 
 
 Edmond, :Merch.Ins. Co. v., 17 G. 138 
 
 Edmonds, Byrne v., • 23 G. 200 
 
 V. Carpenter, 1 H. & M. 340 
 
 V. Green, 1 R. 44 
 
 V. Hughes, J. 2 
 
 Edmondsou, Beall v., 3 C. 514 
 
 Estes v., 33 G. 510 
 
 Edmunds v. Digges, 1 G. 359 
 
 V. Harper, 31 G. 637 
 
 «. Venable, 1 P. & H. 121 
 
 Edmnndson, Shanks v., 28 G. 804 
 
 Edwards, Pinner v., 6 R. 675 
 
 Segar v., 11 L. 213 
 
 0. Van Bibber, 1 L. 183 
 
 Effinger v. Kenney, 24 G. 116 
 
 ^.Ralston, 21 G. 430 
 
 Efford, Rice v., 3 H. & M. 225 
 
 Eggleston, Lane v.. 2 P. & H. 225 
 
 Eggleston, Stegar v., 5 C. 449 
 
 Worsham v., 1 C. 48 
 
 Eib V. Martin, 5 L. 132 
 
 V. Pindall, 5 L. 109 
 
 Piudall v., 4 L. 132 
 
 Eidson, Bourland »., 8 G. 27 
 
 V. Fountaine, 9 G. 286 
 
 Huff, 29 G. 338 
 
 Lea v., 9 G. 277 
 
 Elam V. Bass, 4 M. 301 
 
 V. Keen, 4 L. 333 
 
 Elcan, Henry v., 2 M. 541 
 
 V. Lau'casterian School, 2 P. 
 
 &H. 53 
 
 Elder v. Elder, 4 L. 252 
 
 Eldridge, Caruthers v., 1 2 G. 670 
 
 V. Fisher, 1 H. & M. 559 
 
 Irvini!., ) W. 161 
 
 Ellett, Temple v., 2 M. 452 
 
 Ticheuor v., 13 G. 15 
 
 'V. Vaughan, 6 C. 77 
 
 Ellington, Anderson v., 2 H. & M. 16 
 
 Elligond, Webb v.. J. 59 
 
 EUiptt, Bacheldor v., 1 H. & M. 10 
 
 Bag-well «., 2R. 190 
 
 W.Carter, 9G. 541 
 
 V. George, 23 G. 780 
 
 George v., 2 H. & M. 5 
 
 Hansford v., 9 L. 79 
 
 V. Horton, 28 G. 766 
 
 V. Lyell, 3 C. 268 
 
 Parker?)., 6 M. 587 
 
 Parker v., Gil. 33 
 
 Smith v., 1 P. & H. 307 
 
 Watkins v., 28 G. 374 
 
 Ellis V Baird, 6 M. 456 
 
 V. Baker, 1 R. 47 
 
 Beverley v., 1 E. 102 
 
 Beverley v., 10 L. 1 
 
 Butterworth v., 6 L. 106 
 
 Christian v., 1 G. 396 
 
 Garland v., 2 L. 555 
 
 J), Harris, 32 G. 684 
 
 V. Jenny, 2 Rob. 597 
 
 Norfolk v., 26 G. 224 
 
 V. Tilman, 5 M. 196 
 
 Waller v., 2 M. 88 
 
 Ellison V. Woody, 6 M. 368 
 
 Ellyson, ex parte, 20 G. 10 
 
 Ellzey, Lane v., 4 H. & M. 504 
 
 Lane«., 6R. 661 
 
 «. Lane, 2H.&M. 589 
 
 V. Lane, 4 M. 66 
 
 Payne*)., 2W. 143 
 
 Elmore, Bowles v., 7 G. 385 
 
 Elvira, a slave, 16 G. 561 
 
 El-wes, Tolson v., 1 L. 436 
 
 Elys V. Wynne, 22 G. 224 
 
 Emerick v. Tavener, 9 G. 220 
 
 Emerson v. Berkley, 4 H. & M. 441 
 
 79 
 
626 
 
 TABLE OF CASES. 
 
 Emmerson, Corbin v., 10 L. 663 
 
 Emory v. Erskine, 7 L. 267 
 Enders v. Board Public Works, 1 G. 
 
 364 
 
 V. Brune, 4 R. 438 
 
 V. Burch, 15 G. 64 
 
 Brumme] v., 18 G. 873 
 
 Engle V. Burns, 5 C. 463 
 
 English, Justice v., 30 G. 565 
 
 Pasley v., 5 G. 141 
 
 Pasley v, 10 G. 236 
 
 Enos, Garland v., 4 M. 504 
 
 Ensell, M'Kinney v., 2 G. 333 
 
 Epes' Case, 5 G. 676 
 
 Cowan «., 2P. &H. 520 
 
 V. Dudley, 5 E. 437 
 
 V. Dudley, 4 L. 145 
 
 Harvey B., 12 G. 153 
 
 Myrick v., 8 G. 179 
 
 Eppes V. Cole, 4 H. & M. 1 61 
 
 V. CoUey, 2 M. 523 
 
 V. Cralle, 1 M. 258 
 
 ,4). Demoville, 2 C. 22 
 
 «. Randolph, 2C.125 
 
 Eoyall v., 2 M. 479 
 
 V. Smith, 4 M. 466 
 
 V. Thurman, 4 R. 384 
 
 V. Tucker, 4 C. 246 
 
 Ergenbright v. Ammon, 26 G. 490 
 
 Erskine's Case, 8 G. 624 
 
 Bierne v., 5 L. 59 
 
 Emory v., 7 L. 267 
 
 V. Henry. 6 L. 378 
 
 V. Henry! 9 L. 188 
 
 V. North. 14 G. 60 
 
 ■D. Staley, 12 L. 406 
 
 Ervln's Case, 2 V. 0^37 
 
 Lloyd «., 29 G7598 
 
 M'Clung v., 22 G. 519 
 
 Ervine u Dotton, 6 M. 231 
 
 Erwin V. Nichols, 27 G. 281 
 
 «. Vint, 6 M. 267 
 
 Estes V. Edmondson, 33 G. 510 
 
 Estill, Dudley v., 6 L. 562 
 
 Etheridge,'Addington v., 12 G. 436 
 
 Eubank v. Rail, 4 L. 308 
 
 V. Sandige, 4 L. 308 
 
 Eustace v. Gaskins, 1 W. 188 
 
 Evans, Berkshire v., 4 L. 223 
 
 V. Bradshaw, 10 G. 207 
 
 Dix « , 3 M. 308 
 
 V. Freeland, 3 M. 1 1 9 
 
 V. Greenhow, 15 Q. 153 
 
 V. Kingsberry, 2 R. 120 
 
 V. Pearce, 15 G. 513 
 
 V. Pettyjohn, 26 G. 604 
 
 V. Smith, 1 W. 72 
 
 «!. Spurgin, 6 G. 107 
 
 V. Spurgin, 11 G. 615 
 
 Thompson v., 6 M. 397 
 
 Eve, Jordan v., 
 
 31G.1 
 
 Ewart V. Saunders, 
 
 25 G. 203 
 
 Ewell, Hayes v., 
 
 4G. 11 
 
 Jackson v,, 
 
 4 M. 426 
 
 Maddox v., 
 
 2 V. 0.59 
 
 Robertson v., 
 
 3M. 1 
 
 Ewing's Case, 
 
 5 G. 701 
 
 V. Ewing. 
 
 2 L. 337 
 
 V. Ferguson, 
 
 33 G. 548 
 
 Kemper v.. 
 
 25 G. 427 
 
 Ex. Bank, Durkin v., 
 
 2 P. & H. 277 
 
 V. Knox, 
 
 19 G. 739 
 
 Southall v., 
 
 12 G.312 
 
 Eyre v. Jacob, 
 
 14 G. 422 
 
 Kendall v., 
 
 IE. 288 
 
 Fadeley v. "Weatherby, 8 L. 29 
 
 Fagg, Douglass v., 8 L. 58« 
 
 Fairclough v. Gatewood, 4 0. 158 
 
 Fairfax's Case, 4 H. & M. 208 
 
 V. City Alexandria, "-iS G. 16 
 
 V. Fairfax, 7 G. 36 
 
 Hite v., 4 C. 42 
 
 -v. Hunter, 1 V. C. 3 
 
 Hunter v.. 1 M. 218 
 
 V. Lewis, ' 2 R. 20 
 
 V. Lewis, It L. ii33 
 
 ■„. Muse, 2 H. & M. 557 
 
 V. Muse, 4 M. 124 
 
 V. Stephen. 1 V. C. 3 
 
 Thornton v., 29 G. 669 
 
 Fairfax Jus., Ward v., 4 51. 494 
 
 Falconer, Muire v.,' 10 G. 12 
 
 Fall V. Overseers of Poor, 3 M. 495 
 
 Fanny, Griffith v., Gil. 143 
 
 Fant V. Fant, 17 G. 11 
 
 V. Miller, 17 G. 47 
 
 V Miller, 17 G. 187 
 
 Paris' Case, 5 R. 691 
 
 Parish v. Eeigle, 11 G. 697 
 
 Eives v., 24 G. 125 
 
 Farland, Slaughters v.. 31 G. 134 
 
 Farley v. Shippen, Wy. 254 
 
 WiUianf son «., - Gil. 15 
 
 Farmer's Case, 8 L. 741 
 
 V. Yates, 23 G. 145 
 
 Farmers' Bank Case, 2 Eob. 737 
 
 Allison v., 6 R. 204 
 
 1J. Anderson, 19 G. 739 
 
 Caldwell v., 6 E. 241 
 
 V. Clarke, 4 L. 603 
 
 Crews v., 31 G. 348 
 
 «. Day, 6 G. 360 
 
 «).Gunnell, 26 G. 131 
 
 ti.Kent, 16 G. 257 
 
 Muse v., 27 G. 252 
 
 V. Mut. Ass. Soc, 4 
 
 L. 69 
 
 V. Reynolds, 4 E. 186 
 
 V. Vanmeter, 4 JJ. 553 
 
TABLE OF CASES. 
 
 627 
 
 Farmers' Bank of Petersburg, Mason 
 
 v., 12 L. 84 
 
 Faineyliough v. Dickerson, 2 Eob. 
 
 582 
 Farrar v. Jackson, Wy. 1 
 
 Farrow, M'Kae v., 4 H. &M. 444 
 Fanber, Burwell v., 21 G. 446 
 
 Faulcon v. Harris, 2 H. & M. 550 
 Faulkner v. Alderson, Gil. 221 
 
 V. Brock enbrough, 4 E. 245 
 V. Davis, 18 G. 651 
 
 V. Faulkner, 3 L. 255 
 
 V. Harwood, 6 E. 125 
 
 Faunce, Alex. & Fred. E. E. Co. v., 
 31 G. 761 
 Fauntleroy, Templeman v., S E. 434 
 Fawcett, Clayton v.. 2 L. 19 
 
 M'Mahon v., 2 B. 514 
 
 , Fawkes v. Davison, 8 L 554 
 
 Fawver v. Fawver, 6 G. 236 
 
 Fay's Case, 28 G. 912 
 
 Feazle's Case, 8 G. 585 
 
 ». Dillard, - 5L.30 
 
 Fechheimer v. Nat. Exch. Bank Nor- 
 folk, 31 G.60I 
 Feely's Case, 1 V. C. 321 
 
 Case, 2 V. C. 1 
 
 FeU's Case, 9 L. 613 
 
 Fenton, Attorney Gen. v., 5 M. 292 
 Fenwick, Barksdale v., 4 C. 492 
 Cole v., Gil. 134 
 
 V. M'Murdo, 2 M. 244 
 
 Moore v., Gil, 214 
 
 NaUe v., 4 E. 585 
 
 Shanks v., 2 M. 478 
 
 (Yancey v., 4 H. & M. 423 
 Ferguson's Case, 3 G. 566 
 
 Brown v., 4 L. 37 
 
 Ewing v., 33 G. 548 
 
 V. Findley. 11 G. 434 
 
 ■V. Franklin, 6 M. 305 
 
 V. Highley, 2 V. C. 255 
 Leake v., 2 G. 419 
 
 Littlejohn v., 18 G. 53 
 V. Moore, 2 W. .54 
 
 Moore v., 2 M. 421 
 
 Statham v., 25 G. 28 
 
 West v., 16 G. 270 
 
 Ferrill v. Brewis, 25 G. 765 
 
 Ficklin v. Carrington, 31 G. 219 
 
 Carrmgton v., 32 G. 670 
 Crump v., 1 P. & H. 201 
 V. Ficklin, 2 V. C. 204 
 
 Sheltonr^ . 32 G. 727 
 
 Taylor v., 5 M. 25 
 
 Field V. BrowTi, 24 G. 74 
 
 V. Calbreath, 2 C. 547 
 
 Freeland v., 6 C. 12 
 
 Harrison v., 2 W. 136 
 
 Harrison v., Wy. 273 
 
 Field I). Spotswood, 1W.280 
 
 Fields' Case, 4 L. 648 
 
 Commonwealth v., 33 G. 291 
 Hendricks v., 26 G. 447 
 
 Finch's Case, 14 G. 643 
 
 Thweat v., 1 W. 217 
 
 Findlay v. Hickman, 10 L. 354 
 
 V. Sheflfey, 1 R. 73 
 
 V. Smith, 6 M. 134 
 
 V. Toncray, 2 Eob. 374 
 
 Wiseley v., 3 E. 361 
 
 Findley v. Findley, 11 G. 434 
 
 Fine v. Cocksliut, 6 C. 16 
 
 Finns Case, 5 E. 701 
 
 Finney, Barksdale v., 14 G. 338 
 
 V. Bennett, 37 G. 365 
 
 Midlothian Coal Min Co. v., 
 18 G. 304 
 Power v., 4 C. 411 
 
 Fiott V. Commonwealth, 12 G. 564 
 Fireman's Fund Ins. Soc, Moore v., 
 28 G. 524 
 First Nat'l. Bank Eichmond,Hodges 
 v., 22 G. 51 
 
 Alexandria v. Turn- 
 bull, 32 G. 695 
 Fisher's Case, 10 L. 673 
 
 ex parte, 6 L. 619 
 
 ex parte, 38 G. 232 
 
 I). Bassett, 9 L. 119 
 
 V. Duncan, 1 H. & M. 563 
 Eldridge v., 1 H. & M. 559 
 .«. Fisher, 4H. &M.484 
 V. March, 26 G. 765 
 
 Noel v., 3 C. 2L5 
 
 V. Eiddell, 1 H. & M. 330 
 ♦ Eossett v., 11 G. 492 
 
 D.Smith, 5 L. 611 
 
 V. Vanmeter, 9 L. 18 
 
 Fitch V. Leitch, 11 L. 471 
 
 Fitzgerald ex parte, 33 G. 232 
 
 V. Jones, 1 M. 150 
 
 Terry li., 32 G. 843 
 
 Fitzhugh V. Anderson, 2 H. & M. 289 
 V. Beale, 4 M. 186 
 
 Bogle v., 2 W. 213 
 
 Custis v., ' J. 72 
 
 V. Fitzhugh, 11 G. 210 
 V. Foote, 3 0. 13 
 
 V. G. Fitzhugh, 11 G. 300 
 V. Gordon, 2 L. 62B 
 
 Gordon v., 27 G. 835 
 
 11. Jones, 6 M. 83 
 
 Kittys., 4E.600 
 
 V. Love, 6 C. 5 
 
 Thornton v., 4 L. 209 
 
 Threlkeld v., 2 L. 451 
 
 White v., 1 H. & M. 1 
 Fitzpatrick v. Greenhow, 2 P. & H. 
 
 255 
 
628 
 
 TABLE OF CASES. 
 
 Fitz Randolph, Hite v., 1 V. C. 269 
 Moore v., 6 L. 175 
 Fitzwater, Moore v., 2 R. 442 
 Flanagan v. Grimmet, 10 G. 421 
 Fleming v. Boiling, 3 C. 75 
 V. Boiling, 8 G. 692 
 V. Bradley, 1 C. 203 
 Cavendish v., 3 M. 198 
 V. Dimlop, 4 L. 838 
 Linke v., 25 C. 704 
 V. Saunders, 4 C. 563 
 V. Toler, 7 G. 310 
 V. "Willis, 2 0. 5 
 Flemming v. Riddicli, 5 G. 272 
 Fletcher «). Ashley, 6 G. 332 
 V. Chapman, 2 L. 560 
 Montgomery D., 6R.6I2 
 Miller v., 27 G. 403 
 Nicholas v., 1 AV. 330 
 V. Pollard, 2 H. & M. 544 
 V. Watson, 7 G. 1 
 Watson 1)., 7 G. 1 
 Flinn, Manns v., 10 L. 98 
 Flint's Case, 2 V. C. 159 
 Smith v.. 6 G. 40 
 Flockheart, Boswell v., 8 L. 364 
 Flood, Laughlin v., 3 M. 255 
 Steptoe v., 31 G. 323 
 Flournoy v. Ilalcomb, 2 M. 34 
 Malcomb v., 2 C. 433 
 Wooddy v., 6 M. 506 
 Flowers, Mangum v., 2 M. 205 
 Martin v., 8 L. 158 
 Floyd, Barrett v., 3 C. 531 
 Bias V, 7 L. 640 
 V. Harding, 28 G. 401 
 V. Harrison, 2 Rok 161 
 Strange v., 9 (Z 474 
 Fogg, Beverley v., 1 C. 484 
 ' Foggy's Case, 6 L. 638 
 Foley V. M'Keown, 4 L. 627 
 Fones v. Rice, 9 G. 568 
 Fontaine, Eidson v., 9 G. 286 
 Lasalyu, 4H.&M. 146 
 Richardson 1)., 4 0.152 
 Foote, Fitzhngh v., 3 C. 13 
 Henderson v., 3 C. 248 
 Taliaferro v., 3 L. 58 
 Ford, Commonwealth v., 29 G. 683 
 V. Gardner, 1 H, & M. 72 
 Kyles v., 2 R. 1 
 Ligon v., 5 M. 10 
 Lynchburg Fem. Orphan Asy- 
 lum v., 25 G. 566 
 V. Nichols, 3 G. 84 
 Patteson v., 2G. 18 
 Spencer v., 1 Rob. 648 
 V. Thornton, , 3 L. 695 
 Fordei). Commonwealth, 16 G. 547 
 V. Herron, 4 M. 316 
 
 Foreman D.Loyd, 2L.284 
 
 B.Murray, 7 L. 412 
 
 V. Newkirk, 3 M. 275 
 
 Forkner i). Stuart, 6 G. 197 
 
 Forney, Kendrick »., 22 G. 748 
 
 Forrer i>. Coffraan, 23 G. 871 
 
 «. Forrer, 29 G. 134 
 
 Forsyth, Harklns v., 1 1 L. 294 
 
 Newby v., 3 G. 294 
 
 Forward ». Thamer, 9 G. 537 
 
 Foster's Case, 5 G. 695 
 
 V. Clarke, 5 M. 430 
 
 D.Crenshaw, 3M. 514 
 
 V. Foster, 4 C. 231 
 
 «. Fosters, 10 G. 485 
 
 Humphrey »., 13 G. 653 
 
 V Rison, 17 G. 321 
 
 V. Sutton, 4 H. & M. 401 
 
 Woodward «., 18 G. 200 
 
 Fotteral], Nelson v., 7 L. 179 
 
 Fouchee, Buck v., 1 L. 64 
 
 Foulkes' Case, 2 Rob. t-36 
 
 Fountaine, Cobbs'!)., 3 R. 484 
 
 Foushee v. Blackwell, 1 Rob. 488 
 
 Blanks v., 4 M. 61 
 
 V. Lea, 4 C. 279 
 
 Fowler's Case, 4 C. 35 
 
 Guerrant v., 1 H. & M. 5 
 
 V. Lee, 4 M. 373 
 
 V. Sanndars, 4 C. 361 
 
 V. Saunders, Wy. 322 
 
 Fox, Anderson v., 2 H. & M. 245 
 
 V. Commonwealth, 16 G. 1 
 
 V. Cosby, 2 C. 1 
 
 V. Govan, 4 H. & M. 156 
 
 Harvey v., 5 L. 444 
 
 Hill v., 10 L. 587 
 
 V. Mountjoy, 6 M. 36 
 
 V. Rootes, 4 L. 429 
 
 V. Taliaferro, 4 M. 243 
 
 Wilde v., 1 R. 165 
 
 Foxewell v. Craddock, 1 F. & H. 250 
 
 Frame, Lee v., 1 H. & M. 22 
 
 Francis v. Francis, 31 G. 283 
 
 Francisco, I..egrand v., 3 M. 83 
 
 Winston v., 2 W. 187 
 
 Frank v. Lilienfeld, 33 G. 377 
 
 Franke, Davis v., 33 G. 413 
 
 Franklin, Clark v., 7 L. 1 
 
 V. Cox, 4 R. 448 
 
 Ferguson v., 6 M. 805 
 
 V. Gracey, 15 G. 314 
 
 Patterson v., 7 L. 590 
 
 Rosser v., 6 G. 1 
 
 Snelson s., 6 M . 210 
 
 Taliaferro v., 1 G. 332 
 
 K.Wilkinson, 3M.112 
 
 Frayser, Ransone v., 10 L. 592 
 
 Frazer, Phelps v., 3 R. 103 
 
 Frazier v. Bevill, 11 G. 9 
 
TABLE OF CASES. 
 
 629 
 
 Frazier v. Frazier, 2 L. 642 
 
 V. Frazier, 26 G. 500 
 
 Gordon v., 2 W. 130 
 
 Fred v. Dixon, 27 G. 541 
 
 Frederick Jus. v. Bruce, 4 G. 281 
 
 Gilkesoni)., 13&. 577 
 
 Fred'k., Or. & Char. E. E. Co., Silli- 
 
 man v., 27 G. 119 
 
 Free Bridge, Toll Bridge v., 1 E. 206 
 
 Freeland, Allen v., 3 E. 170 
 
 V. Cocke, 3 M. 352 
 
 Evans v., 3 51. 119 
 
 V. Field, 6 C. 12 
 
 V. Eoyall, 2 H. & M. 575 
 
 Freeman, Bronaughs v., 2 M. 266 
 
 Tutt v., J. 24 
 
 Freeman's Bank v. Euckman, 16 G. 
 
 126 
 
 French's Case, 5 L. 512 
 
 v. Bankhead, 11 G. 136 
 
 V. Noel, 22 G. 454 
 
 V. Successors Loyal Co., 5 L. 
 
 627 
 
 V. Townes, 10 G. 513 
 
 Fretwell, Couch v.. 10 L. 578 
 
 V. Wayt, 1 R. 415 
 
 Friend, Cheatham v., 9 L. 580 
 
 Early v., 16 G. 21 
 
 Myeis v., 1 E. 12 
 
 V. Wilkinson, 9 G. 31 
 
 V. Woods, 6 G. 189 
 
 V. Woods, 9 G. 37 
 
 Frisbie v. Jus. Wythe, 2 V. C. 92 
 
 Marshall v., 1 51. 247 
 
 Fristoe, Gibson v., 1 C. 62 
 
 Frommer v. Eichmond, 31 G. 646 
 
 Frost, Bamum v., 17 G. 398 
 
 Fry V. Boyd, 3 G. 70 
 
 Shepherd v., 3 G. 422 
 
 Frye's Case, 1 V. C. 19 
 
 Fugate's Case, 2 L. 724 
 
 Case, 6 G. 693 
 
 V. Honaker, 22 G. 409 
 
 Nash v., 24 G. 202 
 
 Nash v., 32 G. 595 
 
 Fulcher v. Baker, 1 L. 453 
 
 Hunter v., 5 R. 126 
 
 Hunter v., 1 L. 172 
 
 Fnlgham v. Lightibot, 1 C. 250 
 
 Fulkerson, Lee Jus. v., 21 G. 182 
 
 Fulkimore, Vanmeter v^ 1 H. & M. 
 
 329 
 
 Fuller, Withers v., 30 G. 547 
 
 Fullerton, Lewis v., 1 E. 15 
 
 Fulton, Cowan v., 23 G. 579 
 
 V. Gracey, 15 G. 314 
 
 Irick v., 3 G. 184 
 
 M'Kim v., 6 C. 106 
 
 V. Shaw, 4 E. 597 
 
 Fultz V, Davis, 26 G. 903 
 
 Fulvey, Orange & Alex. E. E. Co. «., 
 17 G. 366 
 
 Fuqua, Liggon v., 6 M. 281 
 
 Mackey v., 2 C. 496 
 
 Mackeyii., 3 C. 19 
 
 Price v., 4 >L 68 
 
 Gadsby, M'Gulre v. 3 C. 234 
 
 Gage V. Crockett, 27 G. 735 
 
 Gaines' Case, 2 V. C. 172 
 
 V. Alexander, 7 G. 257 
 
 Braxton v., 4 H. & M. 151 
 
 Eayfield v., 17 G. 1 
 
 Eoblnson v., 3 C. 243 
 
 Saunders v., 3 M. 225 
 
 Thomas v., 1 G. 347 
 
 Gallahue, B. & O. K. E. Co. «., 12 G. 
 
 665 
 
 B. & O. E. E. Co. v., 14 G. 
 
 563 
 
 Malrs v., 9 G. 94 
 
 Gallego, Anderson «., 6 G. 363 
 
 V. Attorney Gen., 3 L. 450 
 
 V. Lambert, 3 L. 450 
 
 V. Moore, 4 M. 60 
 
 V. Quesnall, 1 H. & M. 205 
 
 Gait V. Archer; 7 G. 307 
 
 V. Calland, 7 L. 594 
 
 1). Carter, 6M.245 
 
 Goode v., GU. 152 
 
 V. Swain, 9 G. 633 
 
 Gammel, Thomas v., 6 L. 9 
 
 Garber v. Armentrout, 32 G. 235 
 
 Garden, Haden v., 7 L. 157 
 
 Gardiner, Eoblnson v., 18 G. 509 
 
 Gardner, Charlton v., 11 L. 281 
 
 Ford?)., IH. &M.72 
 
 V. Neal, 9 G. 85 
 
 Eoach v., 9 G. 89 
 
 D. Vldal, 6E.106 
 
 Garland's Case, 5 R. 652 
 
 V. Agee, 7 L. 362 
 
 Brown v., 1 W. 221 
 
 V. Brown, 23 G. 173 
 
 «. Bugg, 1H.&M.374 
 
 ». Bugg, 5M. 166 
 
 Clarkson v., 1 L. 147 
 
 Crews v., 2 M. 491 
 
 V. Davidson, 3 M. 189 
 
 Karlyt)., 33G.1 
 
 V. Ellis, 2 L. 555 
 
 V. Enos, 4 M. 504 
 
 V. Harrison, 8 L. 368 
 
 «. Jacobs, 21^.651 
 
 Johnson v., 9 L. 149 
 
 Knox v., 2 C. 241 
 
 V. Loving, 1 R. 396 
 
 V. Lynch, 1 Eob. 545 
 
 V. Marx, ,4 L. 321 
 
 a, Pamplin, 32 G. 305 
 
630 
 
 TABLE OF CASES. 
 
 Garland v. Richeson, 4 E. 266 
 
 V. Rives, 4 R. 282 
 
 Vaughn «., 11 L. 251 
 
 Wells v., 2 V. C. 471 
 
 Garlington v. Clntton, 1 C. 520 
 
 Giirnand v. Childress, 28 G. 775 
 
 Garner's Case, 3 G 624 
 
 Case, 18 G. 989 
 
 Southall v., 2 L. 372 
 
 Gamett v. Childers, 2 M. 277 
 
 V. Jones, 4 Tj. 633 
 
 V. Macon, 6 C. 308 
 
 Noel v., 4 C. 92 
 
 Roy v., 2 "W. 9 
 
 V. Sam, 5 M. 542 
 
 Stamper v., 31 G. 550 
 
 Woods v., 6 L. 271 
 
 Garrard v. Henry, 6 R. 110 
 
 Garrett v. Bradford, 28 G. 609 
 
 <;. Carr, 3L.407 
 
 V. Can-, 1 Rob. 196 
 
 Eastern Lun. Asy. v., 27 G. 
 
 163 
 
 Green v., 3 M. 339 
 
 Garrott, M'Kinster v., 3 R. 554 
 
 Garth's Case, 3 C. 6 
 
 Case, 3 L. 761 
 
 V. Barksdale, 5 M. 101 
 
 Horsley v., 2 G. 471 
 
 M'Key v., 2 Rob. 33 
 
 Gary's Case, 12 G. 714 
 
 Chieves v., 25 G. 371 
 
 Gaskins' Case, 1 C. 194 
 
 Eustace v., 1 W. 188 
 
 Mnrphy v^ 28 G. 207 
 
 Gates, Gregory v., 30 G. 83 
 
 V. Lawson, 32 G. 12 
 
 Gatewood v. Burrus, 3 C. 194 
 
 Fairclough v., 4 C. 158 
 
 V. Goode, 23 G. 880 
 
 Sutton v., 6 M. 398 
 
 Taliaferro v^ 6 M. 320 
 
 Gathiightj). MarshaU, 1 H. &M. 427 
 
 Gaw V. Huffman, 12 G. 628 
 
 Gay V. Hancock, 1 R. 72 
 
 Hare v., 4 C. 151 
 
 V. Moseley, 2 M. 543 
 
 Gayle, Williamson v., 4 G. 180 
 
 WUliamson v., 7 G. 152 
 
 V. Wilson, 30 G. 166 
 
 Geddy v. Butler, 3 M. 345 
 
 Gedneyi). Commonwealth, 14 G. 318 
 
 Gee, Bacchus v., 2 L. 68 
 
 Blunt V. 5 C. 481 
 
 V. Hamilton, 6 M. 32 
 
 V. Malone, 2 R. 426 
 
 Sydnor v., 4 L. 535 
 
 Geiger, Countz v., 1 C. 190 
 
 Dold v., 2 G. 98 
 
 V. Harman, 3 G. 125 
 
 Geiger, Hamsberger v. 
 
 3 G. 13S 
 
 Gentry v. Allen, 
 
 32 G. 235 
 
 V. Bailey, 
 
 6 G. 594 
 
 George v Blue, 
 
 3 C. 455 
 
 Brown v., 
 
 6 G. 424 
 
 V. Elliott, 
 
 2 H. & M. 5 
 
 Elliott v., 
 
 23 G. 780 
 
 Moore v., 
 
 10 L. 228 
 
 V. Parker, 
 
 4R. 659 
 
 V. Pilcher, 
 
 28 G. 299 
 
 V. Richardson, Gil. 2.30 
 
 V. Strange, 10 G. 499 
 
 Georgia Home Ins. Co. v. Kinner, 28 
 
 G. 88 
 
 Gerst 1). Jones, 32 G. 518 
 
 G est, Anderson J)., 2H. &M.96 
 
 Gholson I). Kendall, 4L. 612 
 
 Gibbon v. Jameson, 5 C. 294 
 
 Scott v., 5 M. 86 
 
 Gibboney's Case, 14 G. 582 
 
 Gibbons, Armentrout v., 25 G. 371 
 
 Armentrout v., 30 G. 632 
 
 V. Jackson, 10 L. 364 
 
 Johnson v., 27 G. 632 
 
 Gibbs, James v., 1 P. & H. 277 
 
 V. Perkinson, 2 H. & M. 211 
 
 V. Perkinson, 4 H. & M. 415 
 
 Gibert v. Wash. C, V. M. & G. S. R. 
 
 R. Co., 33 G. 586 
 
 V. Wash. C, V. M. & G. S. R. 
 
 R. Co., 33 G. 645 
 
 Gibson's Case. 2 V. C. 70 
 
 Case, 2 V. C. Ill 
 
 Allen v., 4 R. 468 
 
 Beal v., 4 H. & M. 481 
 
 ■V. Beckham, 16 G. 321 
 
 V. Carrell, 13 G. 136 
 
 V. Pristoe, 1 C. 62 
 
 V. Gibson, 28 G. 44 
 
 Harrison v., 23 G. 212 
 
 Hawkins v., 1 L. 476 
 
 D.Jones, 5L. 370 
 
 M'Carty v^ 5 G. 307 
 
 Major v., 1 P. & H. 48 
 
 I). Randolph, 2 M. 310 
 
 Bedford ».. 12 L. 332 
 
 Rhea v., 10 G. 215 
 
 Skipwith v., 4 H. & M. 490 
 
 V. Stewart, 11 L. 600 
 
 V. White, 3 M. 94 
 
 Gilbert, Rucker v., 3 L. 8 
 
 Winchester Build. Asso. «., 
 
 23 G 787 
 
 Giles, Aldridge v., 3 H. & M. 136 
 
 V. Hallecote, J. 52 
 
 Mayo v., 1 M. 533 
 
 Perkins v., 9 L. 397 
 
 Vanmeter v., t Eob. 328 
 
 Winston », 27 G, 530 
 
TABLE OF CASES. 
 
 631 
 
 Giles, Fayette & Kan. Turn. Co., 
 
 Bowyer v., 9 G. 109 
 
 Gilkeson v Frederick Jus., 13 G. 577 
 
 Gill. Johnston t;., 27 G. 587 
 
 Ross v., 1 W. 87 
 
 Eoss v., 4 C. 250 
 
 Gillaspie, Spotts v., 6 E. 566 
 
 Gillespie, Bells c, 5 E. 273 
 
 Hendricks v., 25 G. 1 81 
 
 V. Thompson, 5 G. 132 
 
 Gillett V. Amer. Stove & Hollow- ware 
 
 to., 29 G. 565 
 
 Gilliam's Case, 4 L. 688 
 
 Adams I)., 1P.&H.161 
 
 ■«. Allen, 1 E. 414 
 
 V. Allen, 4 R. 498 
 
 V. Clay, 3 L. 590 
 
 Holman v., 6 E. 39 
 
 Moore v., 5 M. 346 
 
 V. Moore, 4 L. 30 
 
 V. Perkinson, 4 E. 325 
 
 Gilliat V. Lynch, 2 L. 493 
 
 Lyne v., 3 C. 5 
 
 Gillis, Stever v., 3 C. 417 
 
 Gilmore, Black v., 9 L. 446 
 
 Gilpin, Cocke v., 1 Eob. 20 
 
 Gimmi v. CuUen, 20 G. 439 
 
 Ginatt, Donally v., 5 L. 359 
 
 Gist, Tabb v., 6 C. 279 
 
 Givens' Case, 29 G. 830 
 
 V. Manns, 6 M. 191 
 
 Mann v., 2 L. 762 
 
 Manns v., 7 L. 689 
 
 V. Nelson, 10 L. 382 
 
 Eowans v., 10 G. 250 
 
 Wiley v., 6 G. 277 
 
 Williams v., 6 G. 268 
 
 Glaize, Tyson v., 23 G. 799 
 
 Glascock, Brown v., 1 Eob. 461 
 
 Cam;., ' 3 G. 328 
 
 V. Dawson, 1 M. 605 
 
 Glass' Case, 33 G. 827 
 
 Baker v., 6 M. 212 
 
 ti. Davis, 23 G. 184 
 
 Glasscock v. Batton, 6 E. 78 
 
 V. Smither, 1 C. 479 
 
 GlasseU v. Delima, 2 C. 369 
 
 Delima v., 4 H. & M. 369 
 
 Pollock v., 2 G. 439 
 
 V. Thomas, 3 L. 113 
 
 Glassford v. Hackett, 3 C. 193 
 
 Glazebrook v. Eagland, 8 G. 332 
 
 Gleeson v. Scott, 3 H. & M. 278 
 
 Glendening, Bowers;., 4 M. 219 
 
 Glenn v. Clark, 21 G. 35 
 
 Goai-e 1). Beuhring, 6 L. 585 
 
 Goddin, Carrington v., 13 G. 587 
 
 V. Crump, 8 L. 120 
 
 Delaney v., 12 G. 266 
 
 V. Mason, 14 G. 102 
 
 Goddin v. Vaughn, 
 
 14 G. 103 
 
 Godwin v. Godwin, 
 
 4 L. 410 
 
 v. Luuan, 
 
 J. 96 
 
 Gold, Lavell v., 
 
 25 G. 473 
 
 Goocn, Carr v., 
 
 1 W. 260 
 
 Young v., 
 
 2 L. 596 
 
 Goochland Jus,, Sampson d , 5 G. 241 
 
 Goodall, Bullock v., 3 0. 44 
 
 V. Bullock, Wv. 328 
 
 Minor v., 3 C. 393 
 
 V. Stuart, 2 H. & M. 105 
 
 Goode's Case, 2 V. C. 200 
 
 V. Gait, Gil. 152 
 
 Gatewood v., 23 G. 880 
 
 Haydou v., 4 H. & M. 4()0 
 
 Hayes i'., 7 L. 452 
 
 Hicks «., 12 L. 479 
 
 V. Love, 4 L. 635 
 
 Sturlevant v., 5 L. 83 
 
 Goodloe V. Dudley, J. 40 
 
 Goodrich v. Hardina;, 3 E. 280 
 
 Goodridge, Ober i'.',"" • 27 G. 878 
 
 Goodson, Richards v., 2 V. C. 381 
 
 Goodtitle u. See, 1 V. C. 123 
 
 Goodwin, Hubbard v., 3 L. 492 
 
 Kennedy v., 3 L. 492 
 
 V. M'Cluer, 3 G. 278 
 
 V. Miller, 2 M. 42 
 
 V. Taylor, 2 W. 74 
 
 Williamson v., 9 G. 503 
 
 Goodwyn, Vlagruder d.,2 P. & H. 561 
 
 V. Myers, 16 G. 336 
 
 «. Taylor, 4 C. 305 
 
 Goodykoontz, Kirby v., 26 G. 298 
 
 Goolsbv, ex parte, 2 G. 575 
 
 " V. St. John, 25 G. 146 
 
 V. Strother, 21 G. 107 
 
 Goosely v. Holmes, 3 C. 424 
 
 Gooseman v. Martin, 4 M. 533 
 
 Gordon, Bates v., 3 C. 555 
 
 Brooke v., 2 C. 213 
 
 B.Brown, 3 H. & M. yl9 
 
 V. Cannon, 18 G. 387 
 
 Fitzhugh v., 2 L. 626 
 
 V. Fitzhugh, 27 G. 835 
 
 D. Frazier, 2W. 130 
 
 V. Frederick Jus., 1 M. 1 
 
 1). Harvey, 4 C. 450 
 
 V. Jeffrey, 2 L. 410 
 
 Eoss v., 2 M. 289 
 
 Sangston v., 22 G. 755 
 
 Thornton v., 2 Eob. 719 
 
 Wilkins v., 11 L. 547 
 
 Williamson v., 5 M. 257 
 
 Gore V. Buzzard, 4 L. 231 
 
 V. Lawson, 8 L. 458 
 
 Eaynolds v., 4 L. 276 
 
 Gorman, Draper v., 8 L. 628 
 
 Gomto V. Bonney, 7 L. 234 
 
632 
 
 TABLE OF CASES. 
 
 Gorrell, Supervisors of Culpejier v., 
 
 20 G. 484 
 
 Gosden v. Tucker, 6 M. 1 
 
 Goss V. South all, 23 G. 825 
 
 Gouldin, White v., 27 G. 491 
 
 Gourd's Case, 2 V. C. 470 
 
 GovaD,Fox«., 4H. &M. 156 
 
 Thompson v., 9 H. 695 
 
 Governor, M'Neale v., 3 G. 286 
 
 1-. Koacli, 9 G. 13 
 
 Smith v., 2 Rob. 229 
 
 V. Withers, 5 G. 24 
 
 Gracey, Fulton v., 15 G, 314 
 
 Grsemei). Adams, 23 G. 225 
 
 V. CuUen, 23 G. 266 
 
 Horsl^y v., 2 G. 471 
 
 Grafif V. Castleman, 5 K. 195 
 
 Graham, Alex. & Fred. R. W. Co. v., 
 
 31 G. 769 
 
 Auditor v. 1 C. 475 
 
 V. Austin^ 2 G. 273 
 
 D. Bardin, IP. &H.206 
 
 <;. Call, 5 M. S96 
 
 V. Carter, 2 H. & M. 6 
 
 ("ookei;., 5 M. 172 
 
 Eckhols v., 1 C. 492 
 
 I-. Graham, 4 M. 205 
 
 V. Hendren, 5 M. 185 
 
 M'Call v., 1 H. & M. 13 
 
 Newman v., 3 M. 187 
 
 V. Pence, 6 R. 529 
 
 V. Pierce, 19 G. 28 
 
 Wilson v., 5 M. 297 
 
 Granberry, Bourke v., Gil. 16 
 
 V. Granberrys. 1 W. 246 
 
 Grandstaff v. Ridgely, 30 G. 1 
 
 . . randy, Tunis v., 22 G. 109 
 
 Grant, Carter v., 32 G. 769 
 
 D. Hover, 6 M. 13 
 
 Grantland v. Wight, 2 M. 179 
 
 V. Wight, 5 M. 295 
 
 Grasswitt v. Connally, 27 G. 19 
 
 Graves, Dawson v., 4 C. 127 
 
 V. Graves, 2 H. & M. 22 
 
 V. Graves, 1 L. 34 
 
 Groves D. 1 W. 1 
 
 Henry v., 16 G. 244 
 
 V. M'Call, 1 C. 414 
 
 Payne v., 5 L. 561 
 
 Sandidge t:., IP. AH. 101 
 
 Scott v., 4 C. 372 
 
 Stanard v., 2 C..369 
 
 Tayloe v., X 40 
 
 Thompson v., 1 P. & H. 101 
 
 Timberlake v., 6 M. 174 
 
 V. Webb, 1 C. 443 
 
 Gray v. Berryman, 4 M. 181 
 
 ■0. Campbell, 3 M. 251 
 
 V. Dickinson, 4 G. 87 
 
 Hansbrough v., 3 G. 340 
 
 Gray v. Hines, 4 M. 437 
 
 V. Overstreet, 7 G. 346 
 
 Parish «., 6 C. 18 
 
 V. Stuart, 33 G. 351 
 
 Tennant v., 5 M. 494 
 
 Turnpike Co. «., 4R.578 
 
 Waggoner v., 2 H. & M. 603 
 
 Grayson's Case, 6 G. 712 
 
 Case, 7 G. 613 
 
 i;. Beatty, 10 L. 57 
 
 ■V. Moncure, 1 L. 449 
 
 V. Richards, 10 L. 57 
 
 Grayson Co., Pr&ston v., 30 G. 496 
 
 Great Falls Man. Co. v. Henry, 25 <i. 
 
 575 
 V. Henry, 32 G. 
 467 
 Green's Case, 11 L. 677 
 
 Case, 1 Rob. 731 
 
 V. Ashby, 6 L. 135 
 
 V. Bailey, 5 M. 246 
 
 Brent I)., ' 6 L. 16 
 
 V. Buckner, 6 L. 82 
 
 V. Grain, 12 G. 252 
 
 Dabney v., 4 H. & M. 101 
 V. Dulanv, 2 M. 518 
 
 Edmonds v.. 1 R. 44 
 
 V. Garrett, 3 M. 339 
 
 Henry v., 4 M. 227 
 
 Hill v., 4 H. & M. 448 
 
 Hyers v., 2 C. 555 
 
 V. Judith, 5 R. 1 
 
 V. Massie, 21 G. 356 
 
 Moss v., 10 L. 251 
 
 V. Phillips, 26 G. 752 
 
 Poindexter v., 6 L. 504 
 
 V. Price, 1 M. 449 
 
 Sadler v., 1 H. & M. 26 
 
 V. Skipwith, 1 R. 460 
 
 Slaughter v., 1 R. 3 
 
 i\ Thompson, 1 P. & H. 109 
 Vaughan v., 1 L. 287 
 
 Greenesville Jus. v. Williamson, 12 
 
 L. 93 
 
 Greenhow v. Barton, 1 M. 590 
 
 V. Buck, 5 M. 263 
 
 V. Coutts, 4 H. & M. 485 
 
 Coutts v., 2 M. 363 
 
 Evans v., 15 G. 153 
 
 Fitzpatrick v., 2 P. & H. 
 
 255 
 
 V. Harris, 6 M. 472 
 
 Massie v., 2 P. & H. 255 
 
 Greenlaw, Tyler v., 5 R. 711 
 
 Greenleaf. Banks v., 6 C. 271 
 
 Greenlee v. Bailey, 9 L. 526 
 
 Poague v., 22 G. 724 
 
 See v., 6 M. 303 
 
 Greenup, Alexander v., 1 M. 134 
 
 Greenwood, Wade v., 2 Rob. 474 
 
TABLE OF CASES. 
 
 633 
 
 Greer «. Gteers, 
 Greers v. Wright, 
 Greever, Irvine v., 
 Gregorie, Young v., 
 Gregory v. Baugh, 
 V. Baugh, 
 Braxton v., 
 Caperton v., 
 V. Gates, 
 Hill v., 
 V. Jacksons, 
 Lyons v., 
 V. Marks, 
 Smith v., 
 Tabb v., 
 V. "Winston, 
 Greshams v. Gresham, 
 Gressom, Wall v., 
 Griffin v. A. Macanley, 
 Brachau v., 
 V. Cunningham, 
 V. Cunningham, 
 V. E. Macauley, 
 Macauley v., 
 Smith v., 
 Svme v., 4 
 
 ^ * Griffith i. Bird, 
 
 Burley v., 
 V. Fanny, 
 Hoxton v., 
 V. Reynolds, 
 V. Thompson, 
 V. Thompson, 
 Griffiths, Brown v.; 
 Grigshy, Meade v., 
 V. Simpson, 
 V. Weaver, 
 Yerby v., 
 Grim v. Byrd, 
 Payne v., 
 Grimmet, Flanagan v., 
 Grosjean, Smith v., 
 Gross, Claiborne v., 
 V. Criss, 
 V. Pearcy, , 
 Wimbish v., 
 Grove, Isleri)., 
 V. Little, 
 Shand v^ 
 i>. Zumbro, 
 Groves v Graves, 
 Grubb, Morrison v., 
 Grubbs, Morris v., 
 V. Suit, 
 V. Wisors, 
 Grymes v. Heffeman, 
 V. Pendleton, 
 V. Pendleton, 
 Sayre v., 
 
 9 G. 330 
 6 G. 154 
 
 32 0. 411 
 
 3 C. 446 
 2 L. 665 
 
 4 K. 611 
 Wy. 73 
 
 11 G. 505 
 30 G. 83 
 Wy. 73 
 6M. 25 
 3H. & M.237 
 1 E. 355 
 
 26 G. 248 
 4 C. 225 
 
 23 G. 102 
 
 6 M. 187 
 4M. 110 
 
 7 G. 476 
 
 3 C. 433 
 19 G. 571 
 
 20 G. 31 
 
 7 G.476 
 
 4 G. 9 
 
 J. 132 
 
 H. & M. 277 
 
 22 G. 73 
 
 8L 442 
 
 Gil. 143 
 
 18 G. 574 
 
 4G. 46 
 
 1 L. 321 
 
 4 G. 147 
 6 M. 450 
 26 G 612 
 
 28 G. 348 
 
 5 L. 197 
 9 L. 387 
 
 32 G. 293 
 
 2 M. 297 
 
 10 G. 421 
 IP. &H. 109 
 
 7 L. 331 
 
 3 G. 250 
 2 P. & H. 255 
 
 7 L. 331 
 -8 G. 257 
 
 11 L. 180 
 26 G. 652 
 14 G. 601 
 
 IW. 1 
 23 G. 342 
 30 G. 286 
 32 G. 203 
 32 G. 1-27 
 2 L. 612 
 
 4 C. 130 
 1C.54 
 
 1 H. & M. 404 
 
 Guerranti). Anderson, 
 
 4 R. 208 
 
 Guerratit v. Bagby, 6 M. 16d 
 
 V. Fowler, 1 H. & M. 5 
 
 V. Hoeker, 7 L. 368 
 
 V. Johnson, 4 M. 360 
 
 Markham v., 4 L. 279 
 
 V. Tayloe, 2 C. 208 
 
 V. Tinder, Gil. 36 
 
 Trevillian v., 31 G. 525 
 
 Guigon, Hogan v., 29 G. 705 
 
 M'Dougal v., 27 G. 133 
 
 Moll v., 29 G. 705 
 
 Gunn V. Turner, 21 G. 382 
 
 Giinnell, Farmers' Bank v., 26 G. 131 
 
 Guthrie v. Guthrie, 1 C ■? 
 
 Thompson v., 9 L. 101 
 
 Gwathmeys v. Eagland, 1 E. 46B 
 
 G-watkiu's Case, 9 L. 67S 
 
 Case, 10 L. 687 
 
 Ming v., 6 E. 551 
 
 Gwiiiu V. Bugg, J. 87 
 
 Mann v., 8 G. 58 
 
 Gwynn, M'Clenahan v., 3 M. 558 
 
 HackettD. Aleock, 1 C. 533 
 
 Glassford v., , 3 C. 193 
 
 Hackley, Brockenbrongh v., 6 C. 51 
 
 Johnston v., 6 M. 448 
 
 Haden v. Garden, 7 L. 157 
 
 Boss v., ' 7 G. 86 
 
 Hadfield v. Jameson, 2 M. 53 
 
 Haffey v. Birchetts, 11 L. 83 
 
 V. Miller, 6 O. 454 
 
 Hagan, Mettert v., 18 G. 231 
 
 V. Wardens, 3 G. 301 
 
 Hagerman's Case, ' 2 V. C. 244 
 
 Hagerstown Agri. Imp. Man. Co.j 
 
 Long v., 30 G. 665 
 
 Hague V. Stratton, 4 C. 84 
 
 Stratton v., 4 C. 564 
 
 Hagy, Eagsdale v., 9 G. 409 
 
 Hailstock's Case, 2 G. 564 
 
 Haines' Case, 2 V. C. 134 
 
 Cleek v., 2 R. 440 
 
 , Mayo v., 2 M. 423 
 
 Hairston v. Cole, 1 E. 461 
 
 V. Hall, 3 C. 218 
 
 V. Hughes, 3 M. 568 
 
 M'Alexander »., 10 L. 488 
 
 «. Medley, IG. 96 
 
 V. Randolphs, 12 L. 445 
 
 V. Woods, 9 L. 308 
 
 Halcomb, Flournoy v., 2 M. 34 
 
 V. Flournoy, 2 C. 433 
 
 V. Innis, 4 C. 364 
 
 Hale's Case, 2 V. C. 241 
 
 V. Branscum, 10 G. 418 
 
 V. Burwell, 2 P. & H. 608 
 
 Carter v.,. 32 G. 115 
 
 Chamberlaine v., 13 G. 658 
 
 V. Clarkson, 23 G. 43 
 
 80 
 
634 
 
 TABLE OP CASES. 
 
 Hale V. Crow, 
 
 9 G. 263 
 
 Day v., 
 
 22 G. 146 
 
 V. Hare, 
 
 22 G. 146 
 
 V, Home, 
 
 21 G. 112 
 
 Linkous v., 
 
 27 G. 668 
 
 V. Marshall, 
 
 14 G. 489 
 
 V. Penn, 
 
 25 G. 261 
 
 V. Wall, 
 
 22 G. 424 
 
 Walsh v., 
 
 25 G. 314 
 
 Walton v., 
 
 9 G. 194 
 
 V. Wilkinson, 
 
 21 G. 75 
 
 Haleys v. Williams, 
 
 1 L. 140 
 
 Halkem's Case, 
 
 2 V. C. 4 
 
 Pall's Case, 
 
 6 L. 615 
 
 Case, 
 
 3 G. 565 
 
 Case, 
 
 8 6. 588 
 
 Birthright, v.. 
 
 3 M. 536 
 
 Briggs v., 
 
 4 L. 484 
 
 Conway v., 
 
 1 V. C. 6 
 
 Hairston v., 
 
 3C.218 
 
 V. Hall, 
 
 3 C. 488 
 
 Hughes v., 
 
 5 M. 431 
 
 Hunter v., 
 
 1 C. 206 
 
 Martin v., 
 
 9G. 8 
 
 Scott v., 
 
 2 M. 229 
 
 V. Smith, 
 
 3 M. 550 
 
 V. Smith, 
 
 25 G. 70 
 
 Hallam v. Jones, 
 
 Gil. 142 
 
 Oliver v., 
 
 1 G. 298 
 
 Halley v. Baird, 1 H. & M. 25 
 
 Harrison v., J. 58 
 
 Halstead, Putnam v.,- 20 G. 211 
 
 Halliday, Scott v., 5 M. 103 
 
 Ham V. Ham, 15 G. 74 
 
 Hambleton ii. Wells, 4 C. 213 
 
 Hamilton, Allen v., 9 G. 255 
 
 ;• Boyd v., 6 M. 459 
 
 Gee v., 5 M. 32 
 
 Hillisi;., 10 G. 300 
 
 M'Cormick «., 23 G. 561 
 
 . Maze v., 4 C. 33 
 
 Mazei;., .40.196 
 
 V. M'Neil, 13 G. 389 
 
 «. Shrewsbury, 4 $. 427 
 
 r Stover v., 21 G. 273 
 
 f- Stuait v., 8 L. 503 
 
 . Stuart v., 2 H; & M. 48 
 
 > 11. Urqnhart, Wy. 295 
 
 Hamiltons, Maze v., Wy. 51 
 
 Hamlett v. Commonwealth, 3 G. 78 
 
 Perin to., 27 G. 337 
 
 HamlettsjJ. Hamlett, 12 L. 350 
 
 Hamlin v. Atkinson, 6 E. 574 
 
 Hammen, Minnick v., 32 G. 249 
 
 Pammitt v. Bullett, 1 C. 567 
 
 Hammock v. Wilson, 2 V. C. 321 
 
 Pammond, Bell v., 2 L. 416 
 
 Hammonds, Sage v., 27 G. 651 
 
 Hamner, Boaz v., 27 G. 382 
 
 Hamor's Caee, 8 G. 698 
 
 Hampden Syd. Col., Legrand v., 5 
 
 ; M. 324 
 
 Hampton's Case, 3 G. 562 
 
 «. Michael, 6G. 151 
 
 V. Pollard, 4 H. & M. 451 
 
 Hamtramck v. Selden, 12 G. 28 
 
 HSnby, Pennington v., 4 M. 140 
 
 Hancock, Gay v., 1 E. 72 
 
 Plook v., 5 M. 546 
 
 Nicholson «., 4 H. & M. 
 
 491 
 
 V. Eich. & Pet. E. E. Co., 
 
 3 G. 313 
 
 Handley, Brown v., ' 7 L. 119 
 
 Nickellj;, 10 G. 336 
 
 Handly v. Bnodgrass, 9 L. 484 
 
 Hanks v. Price, 32 G. 107 
 
 Hanna v. Clarke, 31 G. 36 
 
 Eeed v., 3 E. 56 
 
 V. Wilson, 3 G. 232 
 
 Hannah v. Boyd, 25 G. 692 
 
 Hannon v., 9 G. 146 
 
 M'Clenahans «.. 4 M. 499 
 
 Thrift?)., 2L. 300 
 
 Hannon v. Batte, 5 M. 490 
 
 V. Hannah, 9 G. 146 
 
 Hansbarger, Coiner «., 4 L. 452 
 
 Lemon v., 6 G. 301 
 
 D. Kinney, 6 G. 287 
 
 Maggort ■!)., 8 L. 532 
 
 Hansbrongh v. Baylor, 2 M. 36 
 
 V. Gray, 3 G. 340 
 
 V. Hooe, 12 L. 316 
 
 Shultz v., 33 G. 567 
 
 V. Stinnett, 22 G. 593 
 
 V. Stinnett, 25 G. 495 
 
 Stone v., 5 L. 422 
 
 V. Thom, 3 L. 147 
 
 Hansford, Deane v., 9 L. 253 
 
 V. Elliott, 9 L. 79 
 
 Hanson, King v., 4 C. 259 
 
 Harcum v. Hudnall, 14 G. 369 
 
 Hardaway, Bennett v., 6 M. 125 
 
 Dupuy«., 4 L. 584 
 
 uManson, 2M.230 
 
 Eofiin «., J. 109 
 
 Scott «., 4M.263 
 
 Woisham v., 5 G. 60 
 
 Hardgrove v. Clarke, 7 G. 399 
 
 Hardin «. Hardin, 2 L. 572 
 
 Harding, Calloway v., . 23 G. 542 
 
 Floyd v., 28 G. 401 
 
 Goodrich v., 3 R. 280 
 
 Hardings, Upp. Appomattox Co. «., 
 
 IIG. 1 
 
 Hardiman, Clark v., 2 L. 347 
 
 Hardman v. Boardmaa, 4 L. 377 
 
 Hardwick, Cabell v., 1 C. 345 
 
 Hardwicke, Burch v., 23 G. 51 
 
 Buroh v., 30 G. 24 
 
TABLE OF CASES. 
 
 635 
 
 Hardy & Curry's Case, 17 G. 592 
 
 V. ]«cCulloxigh, 23 G. 251 
 
 Hare v. Gay, 4 C. 151 
 
 V. Niblo, 4 L. 359 
 
 Hargrave, Peter «., 5 G. 13 
 
 Harkins v. Forsyth, 11 L. 294 
 
 Herrington v., 1 Rob. 591 
 
 Harkrader, Snavely v., 29 G. 112 
 
 Snavely v., 30 G. 487 
 
 Harlan, Allen v., 6 L. 42 
 
 Harman, Chrisman v., 29 G. 494 
 
 V. Davis, 30 6. 461 
 
 Davis v., 21 G. 194 
 
 V. Howe, 27 G. 676 
 
 Geigerij., 3 G. 125 
 
 V. Lynchburg, 33 G. 37 
 
 V. Oberdorfer, 33 G. 497 
 
 V. OdeU, 6 G. 207 
 
 Peyton v., 22 G. 643 
 
 Wynn v., 5 G. 157 
 
 Harmanson, Bently v., 1 W. 273 
 
 Smith v., 1 W. 6 
 
 Harmer v. Key, 4 H. & M. 461 
 
 Harnsbarger ■!). Kinney, 13 G. 511 
 
 Moore v., 26 G. 667 
 
 Harnsberger D. Geiger, 3 G. 138 
 
 V. Yancey, 33 G. 527 
 
 Harper v Baugh, 9 G. 508 
 
 Edmunds v., 31 G. 637 
 
 V. Patton, 1 L. 306 
 
 Parsons v., 16 G. 64 
 
 V. Smith, 6 M. 389 
 
 Wainwright v., 3 L. 270 
 
 Harriman v. Brown, 8 L. 697 
 
 Harris' Case, 20 G. 833 
 
 Ammonett v., 1 H. & M. 488 
 
 V. Barnett, 3 G. 323 
 
 Bentleyu, 2 G. 357 
 
 Bills v., 2 V. C. 26 
 
 V. Carson, 7 L. 632 
 
 Carters., 4E.199 
 
 V. Crenshaw, 3 E. 14 
 
 Dandridge v., 1 W. 326 
 
 Dunlop v., 5 C. 16 
 
 V. EUis, 32 G. 684 
 
 Greenhow v., 6 M. 472 
 
 V. Harris, 23 G. 737 
 
 V. Harris, 31 G. 13 
 
 V. Harris, 6 M. 367 
 
 V. Harris, 2 E. 431 
 
 V. Harris, 2 L. 584 
 
 M' Alexander ».', 6 M. 465 
 
 V. Magee, 3 C. 502 
 
 «. Nichols, 5M.483 
 
 Porter v., 4 C. 485 
 
 D. Ihomas, IH. &M.18 
 
 Turner v., 1 Kob. 475 
 
 Wroe v., 2 W. 126 
 
 Harris & Hickman's Case, 7 G. 600 
 
 Harrisoa's Case, 2 V. C. 202 
 
 Harrison ex parte, 33 G. 119 
 
 V. Allen, Wy. 273 
 
 V. Allen, 3 C. 289 
 
 Ashby v., 1 P. & H. 1 
 
 Bishop i>., 2 L. 532 
 
 Braxton «., 11 G. 80 
 
 V. Brock, 1 M. 22 
 
 Boiling v., 2 P. & H. 582 
 
 V. Carroll, 11 D. 476 
 
 Cartersville Bridge Co. v., 
 
 1 E. 50 
 
 Chapman v., 4 R. 336 
 
 Cocke v., 6 M. 184 
 
 Cocke v., 3 E. 494 
 
 Conrad v., 3 L. 532 
 
 Dunlop v., 14 G. 251 
 
 Field v., Wy. 273 
 
 «. Field, 2W. 136 
 
 Floyd 1J., 2 Rob. 161 
 
 Garland v., 8 L. 368 
 
 V. Gibson, 23 G. 212 
 
 V. Halley, J. 58 
 
 V. Harrison, 1 C. 419 
 
 S.Harrison, 4 L. 371 
 
 V. Harrison, 2 G. 1 
 
 V. Haskins, 2 P. & H. 388 
 
 V. Jus. Norfolk, 2 L. 764 
 
 Lamb v., 2 L. 5i5 
 
 V. Lane, 5 L. 414 
 
 Lane v., 6 M. 573 
 
 V. Lane, 4 M. 238 
 
 ■V. Lane, 4 M. 495 
 
 t). Morton, 4 H. & M. 483 
 
 w. Middleton, 11 G. 527 
 
 Milliner v., 32 G. 422 
 
 V. Payne, 32 G. 387 
 
 Poythress v., 1 P. & H. 197 
 
 Price v., 31 G. 114 
 
 S.Price, 25 G. 553 
 
 V. Eaines, 5 M. 456 
 
 Euckerw., 6 M. 181 
 
 V. Sampson, 3 W. 155 
 
 Sims v., ■ 4 L. 346 
 
 K. Sims. 6 E. 506 
 
 The King v., J. 50 
 
 V. Tiernans, 4 E. 177 
 
 ■V. Tomkins, 1 C. 295 
 
 V. Wortham, 8 L. 296 
 
 Harrison Jus. e. Holland, 3 G. 236 
 
 Harriss, Faulcon v., 2 K & M. 550 
 
 Harshbarger, Blosser v., 21 G. 214 
 
 Harshberger v. Alger, 31 G. 53 
 
 Hart's Case, 2 Rob. 819 
 
 Allen v., 18 G. 722 
 
 Cronies., ]8G. 739 
 
 Jones v., 1 H. & M. 471 
 
 Moses v., 25 G. 795 
 
 Overseers Poor s., 3 L. 1 
 
 Hartman s. Ins. Co. Valley, 32 G. 242 
 
 Hartshorne s. "Whittles, 3 M. 357 
 
636 
 
 TABLE OF CASES. 
 
 Harvey's Case, 23 G. 941 
 
 u Alexander, IE. 21 9 
 
 Andersom)., 10 G. 386 
 
 V Borden, 2 W. 356 
 
 V. Branson, ] L. 108 
 
 ■D.Epes, 12 G. 153 
 
 V. Fox, 5 L. 444 
 
 Gordon v., 4 C. 450 
 
 Hill «., 2 M. 525 
 
 Kinney v., 2 L. 70 
 
 Niday v., 9 G. 454 
 
 «;. Pecks, 1 M. 518 
 
 V. Preston, 3 C. 495 
 
 Preston »., 2 H. & M. 55 
 
 ?;. Skip with, 16 G. 393 
 
 ■D. Skipwith, IfiG. 4i0 
 
 V. Steptoe, 17 G. 289 
 
 Steptoe v., 7 L. 501 
 
 Harvie v. Banks, 1 E. 408 
 
 1;. Wickham, 6L.236 
 
 Harwell v. Bennett, 1 E. 282 
 
 Burnett v., 3 L. 89 
 
 Lanier v., 6 M. 79 
 
 Wyche v., 2 E. 4-26 
 
 Harwood, Faulkner v., 6 E. 125 
 
 Nelson v., 3 C. 394 
 
 Haseltiue v. Brickey, 16 ' '■. 116 
 
 Haskill, Camden v., 3 E. 462 
 
 Haskins, Mosby v, 4 H. & M. 427 
 
 Harrison v., 2 P. & H. 338 
 
 ■Snoddy 1)., ]2(-!. 363 
 
 Hasler v. King, 9 G. 115 
 
 Hastie, Brewer »., 3 C. 22 
 
 Hatch, Brooks v., 6 L. 534 
 
 Hatcher's Case, 6 G. 667 
 
 V. Cabell, 6 E. 3">3 
 
 Cheatham v., 30 G. 56 
 
 V. Hatcher, 1 R. 53 
 
 V. Lewis, 4 E. 152 
 
 Hatorifi;. Wellford, 27 G. 356 
 
 Hatton's Case, 3 G. 593 
 
 Hauensteins v. Lyiiham, 28 G. 62 
 
 Haught's Lase, 2 V. C. 3 
 
 Hawkins v. Berkley, 1 W. 204 
 
 V. Depriest, 4 M. 469 
 
 Fleets., 6 M. 188 
 
 V. Gibson, 1 L. 476 
 
 Kamper v., 1 V. C. 20 
 
 V. Minor, 5 C. 118 
 
 Perkins v., 9 G. 649 
 
 Waddy v., 4 L. 458 
 
 Hawley , Twyman v., 24 G. 51 2 
 
 V. Twyman, 24 G. 516 
 
 V. Twyman, 29 G. 728 
 
 Hawpe V. Burnett, 25 G. 481 
 
 Hawthorn v. Hunter, 8 L. 411 
 
 Eeese v., 10 G. 548 
 
 Haxall, Cocke v., 2 Eob. 470 
 
 Delaplane v., 15 G. 457 
 
 V. Lee, 2 L. 267 
 
 Haxall, I). Shippen, lO L. 536 
 
 V. Willis, 15 G. 434 
 
 Hay V. Pistor, 2 L. 707 
 
 Haydon v. Goode, 4 H. & M. 460 
 
 Hayes t>. Bowman, 1 R. 417 
 
 Cook v., 9 G 142 
 
 Deford v., 6 M. 390 
 
 V. Ewell, 4 G. 11 
 
 V. Goode. 7 L. 452 
 
 «. Jones, 2 P. & H. 583 
 
 V. Northwestern Bank of Va., 
 
 9 G. 127 
 
 Haymond, Horton v., 6 M. 399 
 
 i). Jones, 33 G. 3l7 
 
 Haynes' Case, 28 G. 942 
 
 V. Commonwealth, 31 G. 96 
 
 Hunter v., 1 W. 71 
 
 Mead v., 3 K. 33 
 
 Hays' Case, 1 V. C. 13^ 
 
 V. Hays. 5 M. 418 
 
 V. Wood, 4 E. 272 
 
 Havwood V. Chisman, J. 52 
 
 Hayworth, Sprinkle v., 26 G. 384 
 
 Head's Case, 11 G. 819 
 
 V. Muir, 3 E. 1-22 
 
 Strode v., 2 W. 149 
 
 Headley, Browning v., 2 Eob. 340 
 
 Heale, Chinn v , 1 M. 63 
 
 Healy v. Eowan, 5 G. 414 
 
 Heanie v. Roane, Wy. 90 
 
 Heath's Case, 1 Kob. 735 
 
 ■V. Blaker, 2 V. C. 215 
 
 Eaney v., 2 P. & H. 206 
 
 Hedriek, Cailisou v., 15 G. 244 
 
 Hefferiian v. Grymes, 2 L. 512 
 
 Heffner v. Miller, 2 M. 43 
 
 Heiskell, Jackson «., 1 L. 257 
 
 Preston v., 32 G. 48 
 
 Helfriok's Cuse, 29 G. 844 
 
 Helm, Doggett v., 17 6. 96 
 
 V. Itelm, 30 G. 404 
 
 Hiekerson v., 2 Eob. 628 
 
 Helms, Altbrd v., 6 G. 90 
 
 Dickinson v., 29 G 462 
 
 Hollaml v., 7 G. 245 
 
 Plowery v., 20 G. I 
 
 Duncan v., 8 G. 68 
 
 Livesay v., 14 G. 4-11 
 
 Helsley v. Craig, 33 G. 7 1 6 
 
 Hemphill, Tremper v., 8 L. 623 
 
 Hencock, Wright v., 3 M. 521 
 
 Henderlite, Dungan i'., 21 G. 149 
 
 r. Thurman, 22 G. 466 
 
 Henderson's Case, 8 G. 708 
 
 V. Aliens, 1 H. & M. 235 
 
 V. Anderson, 4 M. 435 
 
 Brown v., 4 M. 492 
 
 Claiborne v., 3 H. & M. 
 
 322 
 
 Darby v., 3 M. 115 
 
TABLE OF CASES. 
 
 637 
 
 Henderson ». Foote, 3 C. 948 
 
 V. Henderson, 9 G. 394 
 
 ■V. Hepburn, 2 C. 233 
 
 • V. Hudson, 1 M. 510 
 
 V. Huntou, 96 G. 926 
 
 Jackson v., 3 L. 196 
 
 Leonard v., 23 G. 331 
 
 V. Lightfoot, 5 C. 241 
 
 Overfield v., 6 E. 675 
 
 V. Peachy, 3 L. 64 
 
 Shepherd v., 3 G. 3o0 
 
 V. Southall, 4 C. 371 
 
 u Stringer, 6G. 130 
 
 Hendley, Johnson v., 5 M. 219 
 
 Mantz v., 2 H. & M. 308 
 
 Hendree, Barksdale v., 2 P. & H. 43 
 
 Hendren v. Colgin, 4 M. iSl 
 
 Graham v., 5 M. 185 
 
 N. Y. Life Ins. Co. v., 24 
 
 G. 536 
 
 Hendrick's Case, 5 L. 707 
 
 V. Andrick, 1 V. C. 267 
 
 V. Shoemaker, 3 G. 188 
 
 Tarr v., 12 G. 64i 
 
 Wilkin,son v., 5 C. 12 
 
 V. Compton, 2 Eoli. 192 
 
 V. Dnndiiss, 2 "W. 50 
 
 V. Fields, 26 G. 447 
 
 V.Gillespie, 25 G. 181 
 
 Knifong t)., 2G. 212 
 
 Hening's Case, ' 1 T. C. 325 
 
 Henkle v. Allstadt, 4 G. 284 
 
 Henley's Case, 1 V. C. 145 
 
 Clayton v., 33 G. 65 
 
 Colgin v., 6 L. 85 
 
 V. Perkins, 6 G. 615 
 
 Henrico Jus. v. Turner, 6 L. 116 
 
 Henry v. Bollar, 7 L. 19 
 
 V. Bradford, 1 Kob. 53 
 
 V. Elcan, 2 M. 541 
 
 Erskine v., 6 L. 378 
 
 V. Erskine, 9 L. l-<8 
 
 Garrard v., 6 R. 110 
 
 Great FaUs Man. Co. v., 32 G. 
 
 467 
 
 Great Falls Man. Co. v., 25 G. 
 
 575 
 
 8J. Graves, 16G.244 
 
 V. Green, 4 M. 227 
 
 Lewi-« v., 28 G. 192 
 
 Pearpoint v., 2 W. 192 
 
 Sarah v., 2 H. & M. 19 
 
 Stone v., 2 K. 455 
 
 Hensley s Case, 2 V. C. 149 
 
 Henson, Cr^igh v., 10 G. 231 
 
 Omohundro, v., 26 G. 51.1 
 
 Hepburn, Cooper v., 15 G. 551 
 
 V. Dundas, 13 G. 219 
 
 Henderson v., 2 C. 232 
 
 V. Lewis, 2 C. 497 
 
 Herbert D. Alexander, 
 
 2 C. 498 
 
 Alexander v., 
 
 9 C. 508 
 
 Keel v., 
 
 1 W. 138 
 
 Keel v.. 
 
 1 W. 203 
 
 WCoyv., 
 
 9 L. 548 
 
 V. Wise, 
 
 3 C. :i39 
 
 Hern, Roane v.. 
 
 1 W. 47 
 
 Herndon, Cunningham v., 2 C. 530 
 
 V. Carr, J. 132 
 
 Murdock v., 4 H. & M. 200 
 
 Herold, McNeil v., 11 G. 308 
 
 Heron v. Bank of U. S., 5 R. 427 
 
 Herring, "Walker v., 21 G. 678 
 
 V. Wickham, 29 G. 628 
 
 Herrington v. Harkins, 1 Rob. 591 
 
 Herron, Forde «., 4 M. 316 
 
 Hess V. Rader, 26 G. 746 
 
 Hesteud, Withers v., 5 G. 456 
 
 Heth «. Cooke, ^ 1 R. 344 
 
 V. R., F. & P. E. R. Co., 4 G. 482 
 
 V. Wooldridge, 6 R. 605 
 
 Hewes v. Doddridge, 1 Rob. 143 
 
 Hewitt's Case, 17 G. 627 
 
 Case. 2 H. & M. 181 
 
 V. Adams, 1 P. & H. 34 
 
 Bovvyer v., 2 G. 193 
 
 Hewlett V. Chamberlayne, 1 W. 367 
 
 Parks 1)., 9L. 511 
 
 Hey's Case, 33 G. 946 
 
 Heywood v. Covington, 4 L. 373 
 
 Hickara v. Larkey, 6 G. 2 
 
 Hickerson's Case, 9 V. C. 60 
 
 V. Helm, 2 Rob. 628 
 
 Hickle, Peale «., 9 G. 437 
 
 Hickman's Case, 2 V. C, 333 
 
 Armstrong »., 6 M. 287 
 
 Arnold v., ■ 6 M. 15 
 
 Bedford v., 5 C. 236 
 
 Finlay v., 10 L. 354 
 
 V. Stout, . 2 L. 6 
 
 Hicks' Case, 7 G. 597 
 
 Cecil v., 99 G. 1 
 
 «. Goode, 12 L. 479 
 
 V. Riddick, 28 G 418 
 
 Shearman,'!)., 14 G. 96 
 
 Hiden, Chapman v., 2 P. & H, 91 
 
 Higgenbotham v. Bucker, 2 C. 313 
 
 Spotswood v., 6 M. 
 
 313 
 
 Higginbotham v. Brown, 22 G. 323 
 
 V. Browns, 4 M. 516 
 
 Brown v., 5 L. 583 
 
 V. Chamberlayne, 4 
 
 M. 547 
 
 V. Commonwealth, 95 
 
 G. 697 
 
 V. Cornwell, 8 G. 83 
 
 Lyle v., 10 L. 63 
 
 Higgins, Brongh v., 2 G. 408 
 
 Burbridge v., 6 G. 119 
 
638 
 
 TABLE OP OASES. 
 
 Higgins, Joliffe v., 6 M. 3 
 
 High, Radcliff v., 2 Kob. 271 
 
 Highland, Young v., 9 G. 16 
 
 Highley, Ferguson v., 2 V. C. 255 
 
 Hilb V. Peyton, 21 a. 386 
 
 V. Peyton, 22 G. 550 
 
 Hill's Case, 2 G. 594 
 
 Case, 5G.682 
 
 Case, 2 V. C. 61 
 
 Case, 9 L. 601 
 
 Case, 6 L. 636 
 
 Alcock v., 4 L. 622 
 
 B. Bowman, 7 L. 650 
 
 V. Bowyer, 18 G. 364 
 
 Brummel v., 18 G. 873 
 
 V. Barrow, 3 C. 342 
 
 V. Bull, Gil. 149 
 
 Claybom v., 1 W. 177 
 
 u. Fox, 10 L. 587 
 
 V. Green, 4 H. & M. 448 
 
 V. Gregory, Wy. 73 
 
 V.Harvey, 2.M. 525 
 
 V. Huston, 15 G. 350 
 
 Jacobs v., 2 L. 393 
 
 Lynch v., 6 M. 114 
 
 V. Manser, 11 G. 522 
 
 Marks v., 15 G. 400 
 
 Norman v., 2 P. & H. 676 
 
 Pallas v., 2 H. & M. 149 
 
 V. Pride. ■ 4 C. 107 
 
 Purvis v., 2 H. & M. 614 
 
 Eandolph v., 7 L. 383 
 
 V. Elxey, 26 G. 72 
 
 0. Salem Turn. Co., 1 Rob. 263 
 
 V. Southerland, 1 W. 128 
 
 Taylors., 10 L. 457 
 
 Walters v., 37 G. 388 
 
 Hillis V. Hamilton, 10 G. 300 
 
 Hilton, Moore v., 12 L. 1 
 
 Hilyard, Braxton v., 2 M. 49 
 
 Hinchmau v. Lawson, 5 L. 695 
 
 Leightons v^ 1 G. 156 
 
 Hinde v. Pendleton, Wy. 354 
 
 Hines, Grays v., 4 M. 437 
 
 Whitehorn v., 1 M. 557 
 
 Hinton, Cutler v., 6 E. 509 
 
 Hipkins o. Bernard, 2 H. & M. 21 
 
 V. Bernard, 4 M. 83 
 
 Bernard v., 6 C. 101 
 
 Hirsh's Case, 21 G. 785 
 
 Hitchcox V. EawsoD, 14 G. 526 
 
 Hlte's Case, 6 L. 588 
 
 Cosby v., 1 W. 365 
 
 V. Fairfax, 4 C. 42 
 
 V. Fitz Eandolph, 1 V. C. 269 
 
 1). Hite, 2 R. 409 
 
 JoUifFe v., 1 C. 301 
 
 V. Long, 6 R. 457 
 
 M'Kay v., 4 R. 564 
 
 M'Kaysz)., 2 L. 145 
 
 Hite I'. Paul, 2 M. 154 
 
 V. Wilson, 2 H. & M. 268 
 
 Hitt, Humphrey v., 6 G. 509 
 
 Hixton, Butcher v., ■ 4 L. 519 
 
 Hoback's Case, 28 G. 922 
 
 V. Kilgores, 26 G. 442 
 
 Hobbs, Malone v., 1 Eob. 346 
 
 V. Shumates, 11 G. 516 
 
 Hobson, Burwell v., 12 w. :^22 
 
 Jones v., 2 R. 483 
 
 Langhorne v., 4 L. 224 
 
 Wash. & N. O. Tel. Co. v., 
 
 15 G. 122 
 
 ?;. Yancey, 2G.73 
 
 Hocker, Guerrant v., 7 L. 366 
 
 i;. Hocker, 4G.277 
 
 Hodges V. Davis, 4 H. & M. 400 
 
 V. First Nat. Bank Eich., 22 
 
 G. 51 
 
 Lee v., 13 G. 726 
 
 Hodgson V. Muse, 2 H. & M. 557 
 
 Wm. & Mary Col. v., 2 H. & 
 
 M. 557 
 
 Wm. & Mary Col. v., 6 M. 
 
 163 
 
 Hodnett's Case, 8 L. 741 
 
 Hoffman, Kenny v., 31 G. 442 
 
 Hogan V. Guigon, 29 G. 705 
 
 V. Duke, 20 G. 244 
 
 V. Wilmoth, 16 G. 80 
 
 Hoge V. Currin, 3 G. 192 
 
 Patton v., 2a G. 443 
 
 V.Trigg, 4M. 150 
 
 Hogshead v. Baylor, 16 G. 99 
 
 Hogsheads, Robertson v., 3 L. 667 
 
 Hogue V. Cottle, 2 V. C. 229 
 
 ft. Davis, 8 G. 4 
 
 Holcombe, Miller v., 9 G. 665 
 
 Moore v., 3 L. 597 
 
 HoUaday, Coleman v., 3 M. 510 
 
 Colemans v., 6 M. 47 
 
 V. Coleman, 2 M. 162 
 
 V. Littlepage, 2 M. 316 
 
 V. Littlepage, 2 M. 539 
 
 Holland v. Commonwealth, 21 G. 511 
 
 Harrison Jus. v., 3 G. 236 
 
 V. Helm, 7 G. 245 
 
 Price v., 1 P. & H. 289 
 
 V. Trotter, 22 G. 136 
 
 HoUeman's Case, 2 V. C. 135 
 
 HoUiday, Linney v., ~ 3 E 1 
 
 Eootes v., 4 M. 323 
 
 Eootes v., 6 M. 251 
 
 Holliugsworth v. Dunbar, 3 M. 168 
 
 V. Dunbar, 5 M. 199 
 
 V. Lupton, 4M. 114 
 
 V. Milton, 8 L. 50 
 
 Holllns V. Patterson, 6 L. 457 
 
 Holloway, Dickenson v., 6 M. 422 
 
 ■ Wilkinson D., 7L.2r7 
 
TABLE OF CASES. 
 
 639 
 
 Holman, Bates v., 3 H. & M. 502 
 
 V. Gilliam, 6 E. 39 
 
 Holmes, Beverleys v., 4 M. 95 
 
 Clem v., 33 G. 722 
 
 Commonwealth v., 25 G. 771 
 
 Goosely v., 3 C. 424 
 
 Sexton v., 3 M. 566 
 
 Holt's Case, 2V. C. 156 
 
 V. Atkinson, 2 W. 143 
 
 Moore »., 10 G. 284 
 
 Mut. Ass. Soc. »., 29 G. 612 
 
 Homan, Beery v., 8 6. 48 
 
 Home, Hale v., 21 G. 112 
 
 Home Ins. Co. ®. Cohen, 20 G. 312 
 
 Homestead Case, 22 G. 262 
 
 Honaker, Fugate v., 22 G. 409 
 
 V. Howe, 19 G. 50 
 
 Hooe V. Barber, 4 H. & M. 439 
 
 Beckwith v., Wy. 190 
 
 Chew v., 4 H. & M. 489 
 
 Hansbrough v., 12 L. 316 
 
 V. Hooe, 13 G. 245 
 
 V. Kelsick, Wy. 190 
 
 V. ilarquess, 4 C. 416 
 
 V. Mason, 1 W. 207 
 
 V. Oxley, 1 W. 19 
 
 t). Pierce, 1 W. 212 
 
 r. Tebbs, 1 M. 501 
 
 V. Wilson, 5 C. 61 
 
 Hook, Eagles v., 22 G. 510 
 
 V. Hancock, 5 Mi 546 
 
 V. Nanny, 4 H. & M. 157 
 
 V. Nanny, 2 M. 379 
 
 ». Ross, 1H.&M. 310 
 
 'Ross 11., 4M.97 
 
 ■0. TurnbuU, 6 C. 85 
 
 Hooker's Case, 13 G. 763 
 
 Hoome, Cichards v.. 2 W. 36 
 
 V. Eichards, 2 C. 507 
 
 V. Richards, 4C. 441 
 
 Hoomes, Clarke v., 2 H. & M. 23 
 
 Dickinson v., 1 G. 302 
 
 Dickinson v., 8 G. 353 
 
 V. Kuhn, Wy. 136 
 
 V. Kuhn, 4 C. 274 
 
 Pendleton »., Wy. 94 
 
 V. Smock, 1 W. 889 
 
 Hooper's Case, 2 V. C. 223 
 
 Conch v., 2 L. 557 
 
 Didlakei)., Gil. 194 
 
 V. Royster, 1 M. 119 
 
 Hoover v. Calhoun, 16 G. 109 
 
 V. DonaUy, 3 H. & M. 316 
 
 V. Mitchell, 25 G. 387 
 
 Hope, Smith v., 10 G. 221 
 
 Hopewell I). Cumb. Bank, 10 L. 206 
 
 Hopkins i». Baker, 2 P. & H. 110 
 
 Barzizas v., 2 E. 276 
 
 «. Blane, 1 C 361 
 
 V. Cockerell, 2 G. 88 
 
 Hopkins v. Koonce, 6 G. 387 
 
 M'Candlishii., 6C.208 
 
 V. Richardson, 9 G. 485 
 
 ■0. Stephens, 2 R. 432 
 
 V. AVard, 6 M. 38 
 
 Watkins v., 13 G. 743 
 
 Yancey v., 1 M. 419 
 
 Hopkirk v. Bridges, 4 H. & M. 413 
 
 ». Dennis, . 2 M. 326 
 
 Hopper's Case, 6 G. 684 
 
 Hoppess V. Straw, 10 L. 348 
 
 Herd's Case, 4 L. 674 
 
 ■e. Colbert, 28 G. 49 
 
 i>. Dishman, 5 C. 279 
 
 V. Dishman, 2 H. & M. 595 
 
 Hume v., 5 G. 374 
 
 Kenner v., 1 H. & M. 204 
 
 Kenner v., 2 H. & M. 14 
 
 Key v., 4 M. 485 
 
 Lomax «., 3 H. & M. 271 
 
 Horde v. M'Eoberts, 1 C. 337 
 
 Taliaferro v., 1 E. 242 
 
 Horner's Case, 10 L. 700 
 
 • V. Marshall, 5 M. 466 
 
 V. Speed, * 2 P. & H. 616 
 
 Hornsby, Scott «., IC. 41 
 
 Horrel v. M'Alexander, 3 E. 94 
 
 Horsley v. Garth, 2 G. 471 
 
 V. Graeme, 2 G. 471 
 
 Patteson v., ' 29 G. 263 
 
 Horton's Case, 1 V. C. 335 
 
 Betty v., 5 L. 615 
 
 V. Bond, 28 G. 815 
 
 Crabtree v., 4 M. 59 
 
 Elliott v., 28 G. 766 
 
 V. Haymond, 6 M. 399 
 
 V. Horton, 4 H. & M. 403 
 
 V. Townes, 6 L. 47 
 
 Hoskins v. Wright, 1 H. & M. 378 
 
 Hoskinson v. Pusey, 32 G. 428 
 
 Hough V. Sbreeve, 4 M. 490 
 
 House's Case, 8 L. 755 
 
 Hover v. Grant, 6 M. 13 
 
 How, Tomlin v., Gil. 1 
 
 Howard's Case, 11 L. 631 
 
 Case, 1 G. 555 
 
 DepeuD., IM. 293 
 
 V. M'Call, 21 G. 205 
 
 V. Overseers Poor, 1 R. 464 
 
 V. Eawson, 2 L. 733 
 
 Williams v., 3 M. 277 
 
 Williamson v., 2 Eob. 39 
 
 Howatt V. Davis, 5 M. 34 
 
 Howe, Barman v., 27 G. 676 
 
 V. Honaker. 19 G. 50 
 
 V. Quid, 28 G. 1 
 
 Howel's Case, 5 G. 664 
 
 ■0. Cowles, 6 G. 393 
 
 Howell's Case, 26 G. 995 
 
 V. Netherlamd, J. 90 
 
640 
 
 TABLE OF CASES. 
 
 Howerton, Lindsay v., 
 Howery v. Helms, 
 Howland, Piatt v., 
 Howie V. Dunn, 
 Howver, Meze v., 
 Hoxton V. (Griffith, 
 Hoy, Watson v., 
 Ho,vR C. & O. Can. Co. 
 Hoyle V. Young, 
 Hubbard, Adams «., 
 V. Blow, 
 V. Blow, 
 V Goodwin, 
 Jones v., 
 V. '1 aylor, 
 Hudgin's Case, 
 
 V. Hudgins, 
 Hudgins v., 
 V. Lanier, 
 V. Marchant, 
 Norvell v., 
 V. Wrights, 1 
 Hudnall, Harcum «., 
 Hudson, Ballow v., 
 
 Henderson v., 
 i>. Hudson, 
 V. Hudson, 
 V. Hudson, 
 V. Johnson, 
 V. Kline, 
 V. Morris, 
 Overton v., 
 V. Ross, 
 Wood v., 
 Huff's Case, 
 
 Broyles v., 
 Eidson u., 
 Huffman's Case, 
 
 Gaw v., 
 V. Leffell, 
 V. Walker, 
 Hughart, Bowyer^j., 
 Hughes' Case, 
 Case, 
 
 V. Caldwell, 
 V. Clayton, 
 Edmonds v., 
 Hairston v., 
 V. Hall, 
 V. Hughes, 
 V. Johnston, 
 Jones »., 
 M'Clung v., 
 V. Pledge, 
 V. Shippard, 
 Hull, Brown v., 
 
 V. Cunningham, 
 Jones v., 1 
 
 Preston v., 
 Strothei v., 
 
 2 H. & M. 9 
 
 20 G. 1 
 
 10 L. 
 
 507 
 
 1 L. 
 
 455 
 
 IL. 
 
 442 
 
 18 G. 
 
 574 
 
 28 G. 
 
 698 
 
 v., 2G. 
 
 511 
 
 1 W. 
 
 150 
 
 25 G. 
 
 129 
 
 1W.70 1 
 
 4C. 
 
 224 
 
 3 L. 492 1 
 
 6C. 
 
 211 
 
 1W.259 1 
 
 2 L. 
 
 248 
 
 6G. 
 
 320 
 
 6 G. 
 
 320 
 
 23 G. 
 
 494 
 
 28 G. 
 
 17? 
 
 4M. 
 
 496 
 
 H. &M. 
 
 134 
 
 14 G. 
 13 5. 
 
 369 
 
 672 
 
 IM. 
 
 510 
 
 5M.180 1 
 
 6M. 
 
 352 
 
 3K. 
 
 117 
 
 IW. 10 1 
 
 9G. 
 
 379 
 
 1W.70 1 
 
 2W.172 1 
 
 1 W 
 
 .74 
 
 5M.423 1 
 
 14 G. 
 
 648 
 
 26 6. 
 
 283 
 
 29 G. 
 
 338 
 
 6 E. 685 1 
 
 12 G. 
 
 628 
 
 32 G 
 
 .41 
 
 26 G. 
 
 314 
 
 9G.336 i 
 
 5E. 
 
 655 
 
 17 G. 565 1 
 
 11 L. 
 
 342 
 
 3C. 
 
 554 
 
 
 J. 2 
 
 3M. 
 
 568 
 
 5 M. 
 
 431 
 
 2M. 
 
 209 
 
 12 G. 479 1 
 
 27 G. 
 
 560 
 
 5E. 
 
 453 
 
 IL. 
 
 443 
 
 IL. 
 
 443 
 
 33 G. 23 1 
 
 IM. 
 
 330 
 
 H. &M. 
 
 212 
 
 23 G. 
 
 600 
 
 23 G. 
 
 652 
 
 Hulstead's Case, 5 L. 724 
 
 Hume u Beale, 3 M. 226 
 
 Brown v., 16 G. 456 
 
 V. Hord, 5 G. 374 
 
 Norris v., 2 L. 334 
 
 Humes v. Shugart, 10 L. 332 
 
 Verdier v., 4 H. & M. 479 
 
 Humphrey v. Foster, 13 G. 653 
 
 V. Hitt, 6 G. 509 
 
 Noyesu, 11 G. 636 
 
 Humphreys, Hunter v., 14 G. 287 
 
 V. M.'Clenachan, 1 M. 
 
 493 
 
 'V. Norfolk, 25 G. 97 
 
 V. West, 3 E. 516 
 
 Wood v., 12 G. 333 
 
 Hundley, Armstead v., 7 G. 52 
 
 V. Lyons, 5 M. 342 
 
 Hunnicut v. Carsley, 1 H. & M. 153 
 
 Charles v., 5 0. 311 
 
 Hunt's Case, 13 G. 757 
 
 V. M'Kea, 6 M. 454 
 
 V. Martin, 8 G. 578 
 
 Eichardson v., 2 M. 148 
 
 Smith v., 2 Eob. 206 
 
 V. Wilkinson, 2 C. 49 
 
 Hunter's Case, 7 G. 641 
 
 Bennett v., 18 G. 100 
 
 Brickhousei)., 4H. & II. 363 
 
 Coalter v., 4 R. 58 
 
 Fairfax u , 1 V. C. 3 
 
 \). Fairfax, 1 M. 218 
 
 V. Fuloher, 5 E. 126 
 
 V. Fuloher, 1 L. 172 
 
 V. Hall, 1 C. 206 
 
 Hawthorn D., 8 L. 411 
 
 V. Haynes, 1 W. 71 
 
 «. Humphreys, 14 G. 287 
 
 Hylton v., Wy. 195 
 
 V. Jett, 4 K. 104 
 
 V. Johnston, 23 6. 266 
 
 V. Jones, 6 E. 541 
 
 V. Lawrence, 11 G. Ill 
 
 M'Farland v., 8 L. 489 
 
 V. Martin, 4 M. 1 
 
 V. Mntthews, 1 Eob. 468 
 
 V. Matthews, 12 L. 228 
 
 Mayor Alex, v., 2 M. 228 
 
 V. Spotswood, 1 W. 145 
 
 V. Vaughan, 24 G. 400 
 
 V. Waits, 3 G. 25 
 
 Hunton, Henderson v., 26 G. 926 
 
 Huntons, Armstrongs., 1 Rob. 323 
 
 Hupp V. Hupp, 6 G. 310 
 
 Kurd's Case, 5 L. 715 
 
 Hurst, Blackford v., 26 G. 203 
 
 Hurt, Jenkins v., 2 E. 446 
 
 Watson v., 6 G. 633 
 
 Huston, Bowler d., 80 G. 266 
 
 V. Cantril, 11 L. 136 
 
TABLE OF CASES. 
 
 Huston, Hill v., 
 Pence v., 
 Taylors v., 2 
 Hutcherson ®. Pigg, 
 Hutcheson, Daloneyi)., 
 Payne v., 
 V. Priddy, 
 Hutchinson v. Kellam, 
 Taylor v., 
 Hutchison v. Kelly, 
 V. Bust, 
 Stephens v., 
 Hutson v. Jjowry, 
 Hutsonpiller v. Stover, 
 Hyde ®. Nick, 
 Hyer v. Shobe, 
 Hyers v. Green, 
 V. Wood, 
 Hylton V. Hunter, 
 V. Hylton, 
 Hyre, Bryan v., 
 
 15 G. 350 
 
 6G.304 
 
 H. &M.161 
 
 8 G. 220 
 
 2 E. 183 
 32 G. 812 
 
 12 G. 85 
 
 3 M. 202 
 25 G. 536 
 
 1 Eob. 123 
 2 G. 394 
 6 G. 147 
 
 2 V. C. 42 
 12 G. 579 
 5 L. 336 
 2 M. 200 
 2 C. 555 
 2 C. 574 
 Wy. 195 
 1 G. 161 
 
 1 Rob. 94 
 
 laege v. Bossieux, 15 G. 83 
 
 Imboden, Terrell v., 10 L. 321 
 
 Ingrams v. Mut. Ass. Soc, 1 Eob. 661 
 
 Innes, Radford v., 1 H & M. 8 
 
 Innis, Halcomb v., 4 C. 364 
 
 V. Eoane, 4 C. 379 
 
 Eoane v., Wy. 243 
 
 Ins. Co. of Valley v. Barley, 16 G. 363 
 
 Hartman v., 32 G. 
 
 242 
 
 Eichardson v., 27 
 
 749 
 
 22 G. 484 
 
 i:2 G. 614 
 
 3 G. 184 
 
 1 W. 161 
 
 4 M. 450 
 32 G. 411 
 
 6 L. 607 
 5 M. 95 
 
 6 E. 652 
 
 5 E. 634 
 30 G. 726 
 
 IH. &M.388 
 
 2 H. & M. 193 
 
 J. 10 
 
 13 G. 644 
 
 4 G. 176 
 
 5C. 425 
 
 8 G. 257 
 1 P. & H. 43 
 
 2 M. 272 
 
 1 V. e. 317 
 4 L. 675 
 
 9 L. 556 
 
 7 L. 147 
 
 2 V. C. 501 
 1 L. 485 
 
 Iiick, Beery v., 
 Beery »., 
 V. Fulton, 
 Irvin V. Eldridge, 
 Irvine, Bullock v , 
 V. Greever, 
 Isaac's Case, 
 
 V. Johnson, 
 s. West, 
 Isaacs' Case, 
 
 Nultou v., 
 Isabell, Pegram v., 
 Pegram v., 
 Isbell B. Butler, 
 V. Johnson, 
 V. Norvell, 
 Wilson v., 
 Isler V. Grove, 
 V. Willis, 
 Isom V. Johns, 
 Israel's Case, 
 Case, 
 Long v., 
 Ivie, Power v., 
 Jackson's Case, 
 Case, 
 
 Jackson's Case, 
 Case, 
 Case, 
 Case, 
 V. Arnold, 
 Arnolds v., 
 
 641 
 
 13 G. 795 
 19 G. 656 
 27 G. 1018 
 23 G. 919 
 4 R. 195 
 6 M. 106 
 
 V. Bank Marietta, 9 L. 240 
 Bank Metropolis v., 9 L. 
 221 
 Bank U. S. v., 
 V. Boast, 
 
 V. Cntright, 
 V. Ewell, 
 Parrar v., 
 Gibbons v., 
 Gregory v., 
 V. Heiskell, 
 V. Henderson, 
 V. Jackson, 
 V. Jackson, 
 V. Jus. Harrison 
 
 V. King, 
 ■V. King, 
 V. Ligon, 
 Lyne v., 
 M'Cluuy v., 
 V. M'Gavock, 
 Maddox v., 
 V. Maxwell, 
 V. Eose, 
 V. Sanders, 
 Stealy v., 
 Stout v., 
 Thompson v., 
 V. Turner, 
 ». Updegraffe, 
 Wells «;, 
 Wilkes v., 
 Wilson v., 
 Jacob, Eyre v., 
 
 . Williams v., 
 Jacobs' Case, 
 
 Garland v., 
 V. HiU, 
 V. Sale, 
 James ». Bird, 
 V. Gibbs, 
 », Johnston, 
 Mayo v., 
 V. M'Cubbin, 
 V. M'Williams, 
 Monroe v., 
 Selden v., 
 Jameson v. Beshields, 
 Gibbon v., 
 Hadfield v., 
 
 Triplett v., 
 
 James Gray's Sons, Bmmmel v., 18 
 G. 873 
 
 9 L. 221 
 
 2 V. C. 49 
 
 5 M. 308 
 
 4 M. 426 
 Wy.l 
 
 10 L. 364 
 
 6 M. 25 
 
 1 L. 257 
 
 3 L. 196 
 
 10 L. 448 
 
 1 G. 143 
 
 , 1 V. C. 
 
 314 
 
 12 G. 499 
 
 8 L. 689 
 
 3 L. 161 
 
 1 E. 114 
 6G. 96 
 
 5 E. 509 
 
 4 M. 462 
 
 5 E. 636 
 2 V. C. 34 
 
 2 L. 109 
 
 1 E. 413 
 
 2 R. 132 
 
 3 E. 504 
 5 L. 119 
 
 L Eob. 107 
 
 3 M. 458 
 2 H. & M. 355 
 
 5 L. 102 
 
 14 G. 422 
 
 Wy. 145 
 
 2 L. 709 
 2 L. 651 
 2 L. 393 
 Gil. 123 
 8 L. 510 
 
 1 P. & H. 277 
 
 22 G. 461 
 
 12 G. 17 
 
 2 C. 273 
 
 6 M. 301 
 
 4 M. 194 
 6 R. 465 
 
 .3G.4 
 
 5 C. 294 
 
 2M. 53 
 
 2 M. 242 
 
 81 
 
642 
 
 TABLE OF CASES. 
 
 J. E. & Kan. Co. Case, 2 V. C. 190 
 
 V. Adams, 17 G. 441 
 
 u Adams, 17 G. 427 
 
 V. Anderson, 12 L. 
 
 278 
 
 Bailey «., 11 G. 468 
 
 Brockenbrough v., 
 
 1 P. & H. 94 
 
 «. Early, 13 G. 541 
 
 V. Lee, 16 G. 424 
 
 V. Littlejohn, 18 G. 
 
 53 
 
 V. Macfarland, 16 
 
 G. 424 
 
 i: Robinson, 16 G. 
 
 434 
 
 Stuart I)., 24 G. 294 
 
 V. Thompson, 3 G. 
 
 258 
 
 V. Turner, 9 L. 3'3 
 
 V. "Wortham, 16 G. 
 
 424 
 
 Janes, Jones v., 6 L. 167 
 
 M'Cann v., 1 Rob. 256 
 
 Janey v. Blake, 8 L. 88 
 
 Collins v., 3 L. 389 
 
 r. Latane, 4 L. 327 
 
 Janney Ji. Barnes, 11 L. 100 
 
 M'Laughlin v., 6 G. 609 
 
 V. Stephen, 2 P. & H. 11 
 
 Jaques' Case, 10 G. 690 
 
 Jan-ell d. Eddins, 2 P. & H. 579 
 
 Jarrett, Crawford v., 2 L. 630 
 
 n. Jarrett, 7 L. 93 
 
 V. Johnson, 11 G. 327 
 
 Jaynes v. Brock, 10 G. 211 
 
 Jefferson, Turpin v., 4 H. & M. 483 
 
 Jeffery, Gordon v., 4 L. 410 
 
 Jeffress, Miller r., 4 G. 472 
 
 Jeffries, Land v., 5 R. 211 
 
 Michie^., 21 G. 334 
 
 Poiudexter v., 15 G. 363 
 
 Jenkins v. Plurt, 2 R. 446 
 
 V. Listen, 13 G. 535 
 
 V. Tom, 1 W. 123 
 
 Jennings' Case, 3 G. 595 
 
 V. Attorney Gen., 4 H. & 
 
 M. 424 
 
 V. Jennings, 22 G. 313 
 
 Johnson v., 10 G. 1 
 
 V. Montague, 2 G. 350 
 
 Nelson r., 2 P. & H. 369 
 
 V. Palmer, 8 G. 70 
 
 Pettit v., 2 Rob. 676 
 
 V. Shacklett, 30 G. 765 
 
 Jenny, Ellis v., 2 Rob. 597 
 
 Smith v., 4 H. & M. 440 
 
 Talbert v., 6 R. 159 
 
 Jesse V. Parker, 6 G. 57 
 
 r. Preston, 5 G. 120 
 
 Jeter v. Board, 
 
 V. Langhorne, 
 V. Taliaferro, 
 
 Jett's Case, 
 
 v. Bernard, 
 Hunter v., 
 Thornton v., 
 V. Walker, 
 Wilkinson v., 
 
 Jiggetts V. Davis, 
 
 Jincey, Jones v., 
 
 V. Wingfield, 
 
 Johns V. Davis, 
 Isom v., 
 
 27 G. 910 
 
 5 G. 193 
 
 4M. 80 
 
 18 G. 933 
 
 3C. 11 
 
 4 R. 104 
 
 1 W. 138 
 
 1 B. 211 
 
 7 L. 115 
 
 1 L. 368 
 
 9 G. 708 
 
 9 G. 708 
 
 2 Bob. 729 
 
 • 2M.272 
 
 Meredith v., 1 H. & M. 585 
 
 Middleton v., 4 G. 129 
 
 V. Scott, 23 G. 704 
 
 Woodson v., 3M.230/ 
 
 Johnson's Case, 2 G. 581 
 
 Case, 12 G. 714 
 
 Case, 24 G. 555 
 
 Case, 29 G. 796 
 
 Anderson v., 32 G. 558 
 Auditor v., 1 H. & M. 537 
 
 Ball v., 8 G. 281 
 
 V. Bourn, 1 W. 187 
 
 V. Brown, 3 C. 259 
 
 Brown v, 13 G. 644 
 
 D. Buffington, 2W. 116 
 
 Davis v., 3 M. 81 
 
 Drummond v., 20 G. 419 
 
 V. Dunn, 6 G. 625 
 
 V. Garland, 9 L. 149 
 
 Guerrant v., 4 M. 360 
 
 V. Gibbons, 27 G. 632 
 
 V. Hendley, 5 M. 219 
 
 Hudson v., 1 W. 10 
 
 Isaac v., 5 M. 95 
 
 Isbell v., 13 G. 644 
 
 Jarrett v., 11 G. 327 
 
 V. Jennings, 10 G. 1 
 
 V. Johnson, 4 C. 38 
 
 V. Macon, 1 W. 4 
 
 V. Mitchell, 1 R. 209 
 
 Mitchells v., 6 L. 461 
 Murrell v., 1 H. & M. 450 
 
 V. Nat. Ex. Bk. Rich., 33 
 G. 473 
 
 r. O'Hara, 5 L. 456 
 
 V. Pendleton, 5 C. 128 
 
 Poling v., 2 Rob. 255 
 
 PuUiami)., 4M.71 
 
 Richardson v.. 2 C. 527 
 
 Riddell r., 2S G. 152 
 
 V. Ronald, 4 M. 77 
 
 Royall v., 1 R. 421 
 
 Shurtz i;., 28 G. 657 
 
 Spilman v., 27 G. 33 
 
 Walthol I'., 2 C. 275 
 
 Ward v., 6 M. 6 
 
TABLE OF CASES. 
 
 643 
 
 Johnson o. White, 1 H. & M. 201 
 
 V. White, 8 L. 214 
 
 . White v., 2 M. 285 
 
 Winston v., 2 M. 305 
 
 Johnston's Case, 5 G. 660 
 
 V. Bower, 4 H. & M. 476 
 
 Devries »., 27 G. 805 
 
 V. Gill, 27 G. 587 
 
 v. Hackley, 6 M. 448 
 
 Hughes v., 12 G. 472 
 
 Hunter v., 23 G. 266 
 
 James «., 22 G. 461 
 
 !). Macon. 4 C. 367 
 
 Mahon v., 7 L'. 317 
 
 V. Meriwether, 3 C. 523 
 
 Moran v., 26 G. 108 
 
 Norris v., 17 G. 8 
 
 ['.Slater, 11 G. 321 
 
 Syme v., 3 C. 558 
 
 V. Syme, 3 C. 522 
 
 I). Thompson, 5 C. 248 
 
 Ward v., 1 M. 45 
 
 V. Williamson, 29 Q. 879 
 
 Young «., 10 G. 269 
 
 ». Zane, 11 G. 552 
 
 JoUiffe V. Higgins, 6 M. 3 
 
 V. Hite, 1 C. 801 
 
 Jones' Case, 1 L. 598 
 
 Case, 1 Eob. 748 
 
 Case, 2 G. 555 
 
 Case, 1 C. 555 
 
 Case, 1 V. C. 270 
 
 Case, 2V. C. 224 
 
 Case, 17 G. 563 
 
 Case, 19 G. 478 
 
 Case, 20 G. 848 
 
 Case, 31 G. 830 
 
 Case, 31 G. 836 
 
 V. Anderson, 7 L. 308 
 
 Austin v., Gil. 341 
 
 Backhouse v., 5 C. 462 
 
 Boswell v., 1 W. 322 
 
 V. Bradshaw, 16 G. 365 
 
 K.Carter, 4H. &M. 184 
 
 V. Clark, 25 G. 642 
 
 Collins v., 6 L. 530 
 
 v. Comer, 5 L 350 
 
 V. Doe, 6 M. 104 
 
 Fitzgerald v., 1 M. 150 
 
 Fitzhugh v., 6 M. 83 
 
 Gamett v., 4 L. 633 
 
 Gerst v., 32 G. 518 
 
 Gibson v., 5 L. 370 
 
 Hallam v., ' Gil. 142 
 
 Hart v., 1 H. & M. 471 
 
 Hayes v., 2 P. & H. 583 
 
 Haymond v., 33 G. 317 
 
 V. Hobson, 2 E. 483 
 
 V. Hook, 2 E. 303 
 
 «).Hubard, 6 M. 261 
 
 Jones V. Hubbard, 6 C. 211 
 
 V. Hughes, 27 G. 560 
 V. Hull, 1 H. & M. 212 
 
 Hunter v., 6 R. 541 
 
 V. Janes, 6 L. 167 
 
 V. Jincey, 9 G. 708 
 
 «. Jonib, 1 C. 458 
 
 V. Jones, 1 H. & M. 3 
 V. Jones, " 4 H. & M. 447 
 
 V. Jus. Stafford; 1 L. 584 
 
 Kennaird v., 9 G. 183 
 
 Kelly J)., 6C. 204 
 
 V. Lackland, 2 G. 81 
 Lambert «., 2 P. & H. 144 
 
 V. Langdon, J. 37 
 
 Lange v., 2 L. 192 
 
 V. Logwood, 1 W. 42 
 
 V. Lucas, 1 E. 268 
 
 V. Mason, 5 E. 577 
 
 Mason v., 26 G. 271 
 
 Mead v., % 24 G. 347 
 
 Medley v., 5 M. 98 
 
 Miller v., 9 G. 584 
 Minor v., 4 H. & M. 480 
 
 Moseley v., 5 M. 23 
 
 «. Murdaugh, 2 L. 447 
 
 V. Myrick, 8 G. 179 
 V. Neale. 2 P. & H, 339 
 
 Nuckoli)., 8G. 267 
 
 V. Obenehain, 10 G. 259 
 Old Bom. Granite Co.'!)., 28 G. 
 617 
 
 V, Phelan, 20 G. 229 
 
 V. Pileher, 6. M. 425 
 
 V. Porter, J. 62 
 
 Pugh v^ 6 L. 299 
 
 Purdie v., 32 G. 827 
 
 V. Eaine, 4 E. 386 
 
 Eedd v., 30 G. 123 
 
 Eice «., 4 C. 89 
 
 Bichardson v., 12 G. 53 
 
 II. Richmond, 18 G. 517 
 V. Roberts, 3 H. & M. 436 
 
 V. Roberts, 6 C. 187 
 
 V. Robertson, 2 M. 187 
 
 Shelton v., 26 G. 891 
 
 Smith v., 7 L. 165 
 
 Smith v., 6 R. 33 
 
 V. Stevenson, 5 M. 1 
 
 11. Tatum, 19 G. 720 
 
 V. Thomas, 21 G. 96 
 
 Thomas e., 28 G. 383 
 
 Thweatt v., 1 R. 328 
 
 V. Timberlake, 6 R. 678 
 
 Tinsley v., 13 G. 289 
 
 Vaughan v., 23 G. 444 
 
 V. Watson, 3 C. 253 
 
 V. White, Wy. Ill 
 
 White v., 1 W. 116 
 
 White v., 4 C- 253 
 
644 
 
 TABLE OF CASES. 
 
 Jones V. Williams, 
 V. Williams, 
 Winn v., 
 Jordan's Case, 
 V. Eve, 
 V. Murray, 
 
 1 W. 230 
 
 2 C. 102 
 
 6L. 74 
 
 25 G. 643 
 31 G. 1 
 3 C. 85 
 
 V. Neilson, • 2 W. 164 
 
 Ehea v., 28 G. 678 
 
 Roberts I)., 3 M.488 
 
 D. Williams. 3 E. 501 
 
 V. Wyatt, 4 G. 151 
 
 Joynes, May v., 20 G. 692 
 
 Judah, Mayo v., 5 M. 495 
 
 Mayor Richmond v., 5 L. 305 
 
 Jude, Syme v., 3 C. 522 
 
 Judges' Case, 4 C. 1 
 
 Case, 4 C. 135 
 
 Dew I!., 3H. &M.1 
 
 Judith, Green v., 5 R 1 
 
 Justice's Case, 2 V. C. 171 
 
 Justices Accomjic, Ponlson v., 2 L. 
 
 743 
 
 Fairfax Case, 2 V. C. 9 
 
 Fauquier, Rixey v., 3 L. 811 
 
 Gloucester, Amory v., 2 V. 
 
 C. 523 
 
 Frederick, Gordon II., 1 M. 1 
 
 Harrison, Jackson «., 1 V. 
 
 C.314 
 
 Kanawha's Case, 2V. C.499 
 
 King Wm.3 Munday *., 2 L. 
 
 165 
 
 Norfolk, Harrison ?)., 2 L. 764 
 
 Spottsylvania, Chew v., 2 V. 
 
 C. 208 
 
 Stafford, Jones v., 1 L.584 
 
 Wvthe, Frishie v., 2 V.C. 92 
 
 Justis V. English, 30 G. 565 
 
 Kamper v. Hawkins, 1 T. C. 20 
 
 Kane, Koger i>., 5 L. 606 
 
 Kasey, Continental Ins. Co. i>., 25 G. 
 
 268 
 
 Continental Ins. Co. «., 37 G. 
 
 216 
 
 Rich. & Pet. E. R. Co. v., 30 
 
 G.218 
 
 Kates' Case, 17 G. 561 
 
 Kaufmans, Boyd v., 6 M. 45 
 
 Kayser v. Disher, 9 L. 357 
 
 Kean v. Welch, 1 G. 403 
 
 Kearns' Case, 1 V. C. 109 
 
 Keating, Doane v., 12 L. 391 
 
 Kee «. Kee. 2 G. 1 1 6 
 
 Keel V. Herbert, 1 W. 138 
 
 V. Herbert, 1 W. 203 
 
 Keeling, Stones v., 3 H. & M. 228 
 
 Stones v., 5 C. 143 
 
 Wilson v., 1 W. 194 
 
 Keen, Elam v., 4 L. 333 
 
 Keen, M'Aden v., 
 
 M'Candlish v., 
 Selden v., 
 Keene ». Lee, 
 Keeran, Russell v., 
 Keerle v. Norris, 
 Keewood, RossB., 
 Keith, Dunlop v., 
 i>. Preston, 
 
 30 G. 400 
 
 13 G. 615 
 
 27 G. 576 
 
 1 W. 389 
 
 8L. 9 
 
 2 V. C. 217 
 
 2M.141 
 
 1 L. 480 
 
 5 G. 120 
 
 Kellam, Hutchinson v., 3 M. 202 
 
 V. Kellam, 2 P. & H. 356 
 
 Keller, Ambrouse v., 22 G. 769 
 
 Eosenbirgeru, 38 G. 489, 
 
 Kelly's Case. 8 G. 632 
 
 V. Board Pub. Works, 25 G. 
 
 755 
 
 Carter v., 28 G. 787 
 
 Hutchinson «., iRob. l-.:3 
 
 V. Jones, 6 C. 204 
 
 11. Kelly, 6 R. 176 
 
 V. Linkenhoger, 8 G. 104 
 
 «. Love, 20 G. 124 
 
 Mitchell v., 1 C. 379 
 
 1]. Paul, 3 G. 182 
 
 Roberts v., 2 P. & H. 396 
 
 V. Scott, * 5 G. 479 
 
 Tomlin •.;., 1 W. 190 
 
 Kel=i(!k, Hooe v., Wy. 190 
 
 Kelso, Ben Mercer v., 4 G. 106 
 
 V. Blackburn, 3 L. 299 
 
 Kemp's Case, 1 H. & M. 85 
 
 Case, 18 G. 969 
 
 Callis v., 11 G. 78 
 
 V. Mundell, 9 L. 12 
 
 Kemper v. Ewing. 25 G. 427 
 
 V. Kemper, 3 R. 8 
 
 Kendall v. Eyre, 1 E. 288 
 
 Gholson?)., 4L. 612 
 
 V. Kendall, 5 M. 272 
 
 Kendrick v. Forney, 22 G. 748 
 
 V. Whitney, 28 G. 646 
 
 Kennaird v. Jones, 9 G. 183 
 
 Kennedy's Case, 2 V. C. 510 
 
 V. Baylor, 1 W. 162 
 
 Dabuey v., 7 G. 817 
 
 V. Goodwin, 3 L. 492 
 
 Miller v., 3 E. 2 
 
 ?). Wallers, 2H.&M.415 
 
 Kenner v. Hord, 1 H. & M. 204 
 
 V. Hord, 2 H. & M. 14 
 
 Kenney, Effinger v., 24 G. 116 
 
 Kennon v. M'Koberts, 1 W. 96 
 
 Kenny v. Hoffman, 31 G. 442 
 
 V. Kenny, 25 G. 293 
 
 Kent V. Armistead, 4 M. 72 
 
 Charlton v., 11 L. 281 
 
 V Cloyd, 30 G. 555 
 
 v. Dickinson, 25 G. 817 
 
 V. Dickinson, 26 G. 1009 
 
 Farmers' Bank v., 16 G. 257 
 
TABLE OF CASES. 
 
 645 
 
 Kent V. Kent, ' 28 G. 840 
 
 V. Matthews, 12 L. 573 
 
 Tiffany v., 2 G. 231 
 
 Kephart, Millan v., 18 G. 1 
 
 Keran, Burtners v., 24 G. 42 
 
 Kerby's Case, 7 L. 747 
 
 Kerney v. Kerney, 6 L, 478 
 
 Kerngood, Straus v., 21 G. 584 
 
 Kerns, Sharp v., 2 G. 348 
 
 Kerr v. Dixon, 2 C. 379 
 
 Love v., 1 W. 172 
 
 Quai-lesu, 14 G. 48 
 
 Kesler, Booth v.. 6 G. 350 
 
 Kevan v. Branch, 1 G. 274 
 
 ■v. Waller, 11 L. 414 
 
 Key, Harnier 8)„ 4 H. & M. 461 
 
 V. Herd, 4 K. 485 
 
 V. Lambert, I H. & M. 330 
 
 Lambert *■.. 4 H. & M. 484 
 
 Keys r. M'Fatridge, 6 M. 18 
 
 Keyton ». Brawford, 5 L. 39 
 
 Kidd t: Alexander, 1 R. 456 
 
 Kidwell V. B. & O. R. E. C«., 11 G. 
 
 676 
 
 Kiger, Asbby v., Gil. 153 
 
 Ashliy v., 3 E. 50 
 
 Ashby v^ 3 E. 165 
 
 O'Eear c, 10 L. 622 
 
 Kilgore, Hoback c, 26 G. 442 
 
 Kincaid v. CunningBam, 2 M. 1 
 
 Kincannon's Case, <5 L. 611 
 
 Kincheloe v. Kincheloe, 11 L. 393 
 
 Neply v., 6 M. 529 
 
 «. Tracewells, 11 G. 587 
 
 Kile, Eowt «i, Gil. 202 
 
 Eowt a, 1 L. 216 
 
 King's Case, 2 V. C. 78 
 
 V. Ashley, 5 Tu. 408 
 
 Aylett®., ^ 11 L. 486 
 
 Buchanan «., 22 G. 414 
 
 «. Back, 30 G. 838 
 
 Donnell v., 7 L. 393 
 
 «. Hanson, 4 C. 259 
 
 V. Harrison, 3. 71 
 
 Hasler v., 9 G. 115 
 
 Jackson v., 8 L. 689 
 
 Jackson v.. 12 G. 499 ! 
 
 t:. M'Claiiahan. J- 9 
 
 tu. M'Daiiie], 4 C. '451 
 
 <D. M'Pherriia, 1 E. 172 
 
 4). Malone, 31 G. 158 
 
 Mann v., 6 M. 428 
 
 V. Moore, J- ^ 
 
 V. Newman, 2 M. 40 
 
 Ott v., S G- 224 
 
 Roberts v., 10 G. 184 
 
 Robin », 2 L. 140 
 
 Rose «^ 4 H. & M. 475 
 
 Selden is 2 C. 72 
 
 V. Sheffey, 8 L. 614 
 
 King V. Smith, 2 L. 157 
 
 Taylor v., 6 M. 358 
 
 Triggs v., 1 E. 252 
 
 White v., 5 L. 726 
 
 White v., 32 G. 428 
 
 Kingsberry, Evans v., 2 E. 120 
 
 Kinnaird, M'Clellan v., 6 (i. 352 
 
 V. Miller, 25 G. 107 
 
 V. Williams, 8 L. 400 
 
 Kinney's Case, 2 V. C. 139 
 
 Case, 30 G. 858 
 
 V. Beverley, 1 H. & M. 531 
 
 V. Beverley, 2 H. &M. 3lS 
 
 Hamsbarger »., 6G. 287 
 
 Karnsbarger !)., 13 G. 511 
 
 V. Harvey, 2 L. 70 
 
 V. M'Clure, 1 R. 284 
 
 Prior jj., 6 M. 510 
 
 Randolph c, 3 R. 394 
 
 «i. Sitlington, 29G.91 
 
 Watts v., 3 L. 272 
 
 Kinnier, Ga. Home Ins. Co. v., 28 G. 
 
 88 
 
 Kinsey, Booth v., 8 G. 560 
 
 Kippen v. Carr, 4 M. 119 
 
 Kippers, Callaghan v.. 7 L. 608 
 
 Kirby v. Goodykoontz, 26 G. 298 
 
 Martin c, 11 G. 67 
 
 Kirk's Case, 9 L. 627 
 
 Kirkland v. Brune, 31 G. 126 
 
 Kirkpatrick, Booker v., 26 G. 145 
 
 Kirtley v. Deck, 3 H. & M. 388 
 
 V. Deck, 2 M. 10 
 
 Kishpangh, At. & Va. Fert. Co. ti., 
 
 32 G. 578 
 
 Kitty V. Fitzhugfa, 4 E. 600 
 
 Kline, Hudson c, 9G. 378 
 
 Kloeber, South. Mut. Ins. Co. v., 31 
 
 G. 733 
 
 Va. Fire & M. Ins. Co. I)., 31 
 
 G. 749 
 
 Knapp, Dabneys o., 2 G. 354 
 
 Knibb v. Dixon, • 1 E. 249 
 
 Knifong v. Hendricks, 2 G. 212 
 
 Kni#it, Davis v., 24 G. 406 
 
 V. Oliver, 12 G. 33 
 
 t). Triplett, J. 71 
 
 V. Yarborough, 4 E. 566 
 
 c. Yarbrough, Gil. 27 
 
 Kniseley v. Williams, 3 G. 253 
 
 Knox, Exchange Bank «., 19 G. 739 
 
 V. Garland, 2 a 241 
 
 Koger, Amis v., 7 L. 221 
 
 V. Kane, 5 L. 606 
 
 Koiner v. Rankin, 11 G, 420 
 
 Koonce, Hopkins «, 6 G. 387 
 
 Kownslar v. Ward, Gil. 127 
 
 Kraker v. Shields, 20 G. 377 
 
 Krebbs, Wood v., 30 G. 708 
 
 Wood v., 33 G. 685 
 
646 
 
 TABLE OF CASES. 
 
 Kroesen c. Seevers, 
 
 5 L. 434 
 
 Lane v. Tidball, 
 
 Gil. 130 
 
 Kuhn, Hoomes v.. 
 
 Wy. 136 
 
 Towner v., 
 
 9 L. 262 
 
 Hoomes v.. 
 
 4 C. 374 
 
 Tiang V. Lee, 
 
 3 E. 410 
 
 Pryor v., 
 
 12 G. 615 
 
 V. Lewis, 
 
 1 E. 277 
 
 Kyle, Price v., ■ 
 
 9 U. 247 
 
 Langdon, Jones v., 
 
 J. 37 
 
 Kyles, Clements v., 
 
 13 G. 468 
 
 Lange v. Jones, 
 
 5 L. 192 
 
 V, Connelly, 
 
 3 L. 719 
 
 Langford v. Perrin, 
 
 5 L. 552 
 
 't). Ford, 
 
 2E. 1 
 
 Langham v. Brydie, 
 
 2W. 72 
 
 V. Kyle, 
 
 1 G. 526 
 
 Langhorne, Calloway v. 
 
 4 E. 181 
 
 V. Roberts, 
 
 6 L. 495 
 
 V. Hobson, 
 
 4 L. 325 
 
 
 
 Jeter v., 
 
 5 G. 193 
 
 Lacey, Beverldge v., 
 
 3E. 63 
 
 V. Eobinson, 
 
 20! G. 661 
 
 V. Stamper, 
 
 27 G. 42 
 
 TifliTiier v. Cocke, 
 
 6 M. 580 
 
 Lackland, Jones v., 
 
 2Q. 81 
 
 V. Harwell, 
 
 6M. 79 
 
 Lacy, Quarles v., 
 
 4 M. 251 
 
 Hudgins v.. 
 
 23 G. 494 
 
 V. Wilson, 
 
 4 M. 813 
 
 Lanthrop's Case, 
 
 6 G. 671 
 
 Ladd, Payne v.. 
 
 4M.483 
 
 Laporte, Dnnlops v.. 
 
 1 H. & M. 22 
 
 Terrell v., 
 
 2 W. 150 
 
 Larkey, Hickman v., 
 
 6 G. 210 
 
 Lafferfcy's Case, 
 
 6 G. 672 
 
 Lame v. Cloud, 
 
 22 G. 513 
 
 Bait. & 0. R. E. Co. v., 14 
 
 Larowe v. Binns, 
 
 2 V. C.203 
 
 
 G. 478 
 
 Larue, Shepherd v.. 
 
 6 M. 529 
 
 Buckles v., 3 Eob. 292 
 
 Laidley ». Merrifield, 7 L. 346 
 
 Lamb ii. Harrison, 3 L. 525 
 
 v Smith, 6 R. 552 
 
 Wise ■('., 9 G. 294 
 
 Lambert's Case, 9 L. 603 
 
 Brown v., 33 G. 256 
 
 Burnley v., 1 W. 308 
 
 1 Cosby v., 1 Eob. 225 
 
 Gallego v., 3 L. 450 
 
 ■B. Jones, 2 P. & H. 144 
 
 Key v., 1 H. & M. 330 
 
 ■B. Key, 4 H. & M. 484 
 
 V. Nanny, 2 M. 196 
 
 Lamberts v. Cooper, 29 G. 61 
 
 Smith v., 7 G. 138 
 
 Lancaster, Boyden u, 2 P. & H. 198 
 
 V. Corbin, 19 G. 438 
 
 Mills v., 28 G. 442 
 
 Shanks?)., 5 G. 110 
 
 Taylor v., 33 G. 1 
 
 V. Wilson, ■ 27 G. 624 
 
 Lancasterian School, Elean v., 2 P. & 
 
 H. 53 
 Laud V. Jeffries, 5 E. 211 
 
 V. Otley, 4 E. 213 
 
 Lane, Custisw., 3 M. 579 
 
 Eggleston v., 2 P. & H. 225 
 Bllzey «., 2 H. & M. 589 
 
 EUzey v., 4 M. 66 
 
 (I. EUzey, 4 H. & M. 504 
 
 V. EUzey, 6 R. 661 
 
 Harrison v., 4 M. 238 
 
 Harrisoni).. 4 M. 495 
 
 ('. Harrison, 6 M. 573 
 
 Harrison v., 5 L. 414 
 
 Lane, 4 H. & M. 437 
 
 1). Masop, , 5 L. 520 
 
 Kadenbash i>_ 4 R. 413 
 
 Lawrason v. Davenport,^ 
 
 Lassly v. Fontaine, 4 H. & M. 146 
 
 Latane, Janey v., 4 L. 327 
 
 Latham v. Latham, 3 C. 181 
 
 v. Latham, 30 G. 307 
 
 Lathrop v. Lumpkin, 2 Eob. 49 
 
 LaughUn v. Flood, 3 M. 255 
 
 LaveU v. Gold, 25 G. 473 
 
 Laverty, Walker v.. 6 M. 487 
 
 Law V. Law, 2 G. 366 
 
 Lawhorne, ex parte, 18 G. 85 
 
 V. Anthony, 1 L. 1 
 
 2C.95 
 
 Lawrence's Case, ' 30 G. 845 
 
 V. Blow, 2 L. 29 
 
 Dempsey v., GU. 333 
 
 Hunter ti., 11 G. Ill 
 
 Miclde v., 5 E. 571 
 
 V. Swann, 5 M, 332 
 
 Laws, Petermans v., ,, 6 L. 523 
 
 V. Sutherland, 5 G. 357 
 
 Lawson, Adams «., 17 G. 350 
 
 Beverley v., 3 M. 317 
 
 Gates v., 32 G. 12 
 
 Gore v., 8 L. 458 
 
 Hinchman r., 5 L. 695 
 
 I'. Lawson, 16 G. 280 
 
 V. Tilden, 3 H. & M. 95 
 
 Layne v. Norris, 16 G. 236 
 
 Lazier's Case, 10 G. 708 
 
 Wilson v., 11 G. 477 
 
 Lea V. Eidson, 9 G. 277 
 
 • Fonshee ))., 4 C. 279 
 
 Leachman i>. Overseers Poor, 2 V. 
 
 0.399' 
 
 Leake v. Benson, 29 G, 153 
 
 V. Ferguson, 2 G. 419" 
 
 Eoyster v., 2 M. 380 
 
 Leath's CaSe, 1 V. C. 151 
 
 Case, 32 G,87S6 
 
TABLE OP CASES. 
 
 647 
 
 Leavell, Ballard v., 5 C. 531 
 
 I'. Robinson, 2L. 161 
 
 Ledbetter, Williamson v., 2 M. 521 
 
 Lee V. Baird, 4 H. & M. 453 
 
 V. Bank U. S., 9 L. 200 
 
 V. Boak, 11 G. 182 
 
 ■e. Braxton, 5 C. 459 
 
 Braxton v., 4 H. & M. 376 
 
 V. Cabell, 19 G. 758 
 
 V. Carter, 3 M. 121 
 
 V. Chilton, 5 M. 407 
 
 i'. Cooke, Gil. 331 
 
 V. Cooke, 1 W. 306 
 
 Fowler r., 4 M. 373 
 
 r. Frame, 1 H. & M. 22 
 
 Haxall ■()., 2 L. 267 
 
 i: Hodges. 13 G. 726 
 
 Jas. R. & Kan. Co. r., 16 G. 424 
 
 Keene v., 1 W. 239 
 
 Lang v.. 3 E. 410 
 
 V. Love, 1 C. 497 
 
 V. Murphy, 22 G. 789 
 
 Parsons i., J. 49 
 
 V. Patillo, 4 L. 436 
 
 V. Peachy, 3 C. 220 
 
 i: Eandolph, 2 H. & M. 12 
 
 V. Stuart, 2 L. 76 
 
 Stuart I'., 3 C. 421 
 
 V. Tapscott, 2 W. 276 
 
 V. Tnberville, 2 W. 162 
 
 Lee Jus. i: Fulkerson, 21 G. 182 
 
 Lee Reynolds' Case, 33 G. 834 
 
 Leeds v. Mosby, 3 C. 439 
 
 Leeright, Buchanan n., 1 H. & :M.211 
 
 Leffell, HufiFinan v., 32 G. 41 
 
 Leftwieh's Case, 5 R. 657 
 
 Case, 20 G. 716 
 
 Legan v. Stevens, J. 30 
 
 Legaw V. Newton, J. 18 
 
 Legg V. Peggy, 6 M. 229 
 
 Legrandi). Francisco, 3 M. 83 
 
 r. Hamp. Syd. Col., 5 M.324 
 
 Leigh's Case, 1 M. 468 
 
 Leightons i-. Hinchman, 1 G. 156 
 
 Leitch, Anderson v., 1 L. 462 
 
 Daniel v., 13 G. 195 
 
 Fitch v., 11 L. 471 
 
 Lemessurier, Clegg v., 15 G. 108 
 
 Lemoigne v. Montgomery, 5 C. 528 
 
 Lemon v. Harnsbarger, 6 G. 301 
 
 V. Reynolds, 5 M. 552 
 
 Lenows v. Lenow, 8 G. 349 
 
 Lenox, Caton v., 5 R- 31 
 
 Leonard v. Henderson, 23 G. 331 
 
 Lersner, Boiling v., 26 G. 36 
 
 Leslie v. Briggs, 5 L. 6 
 
 Lesslie v. B'own, 1 P. & H. 216 
 
 Lessuer, Norvell i ., 33 G. 222 
 
 Lester's Case, 2 V. C. 198 
 
 V. Lester, 28 G. 737 
 
 Levasser v. Washburn, 11 G. 572 
 
 Levisay, Steele v., 11 G. 454 
 
 Levy V. Arnsthall, 10 G. 641 
 
 Burke ■;;., 1 E, 1 
 
 Commonwealth v., 23 G. 21 
 
 Lewellen v. Lockharts, 21 G. 570 
 
 Lewellin, Ayres v., 3 L. 609 
 
 Lewis' Case, 1 V. C. 334 
 
 Case, 4 L. 664 
 
 Case, 25 G. 938 
 
 V. Adams, 6 L. 320 
 
 V. Arnold, 13 G. 454 
 
 Atkins r., 14 G. 30 
 
 V. Bacon, 3 H. & M. 89 
 
 V. Billips, 1 L. 353 
 
 Bowyer v., 1 H. & M. 554 
 
 V. Caperton, 8 G. 148 
 
 Clapham r., 1 V. C. 182 
 
 ■V. Davisson, 29 G. 216 
 
 Fairfax v., 2 R. 20 
 
 Fairfax v., 1 1 L. 233 
 
 V. FuUerton, 1 E. 15 
 
 Hatcher v., 4 E. 152 
 
 V. Henry, 28 G. 192 
 
 Hepburn v., 2 C. 497 
 
 Lang v., 1 R. 277 
 
 V. Long, 3 M. 136 
 
 V. Madisons, 1 M. 303 
 
 Martin v., 30 G. 672 
 
 V. Norton, 1 W. 76 
 
 V. Overby, 28 G. 627 
 
 Overby v, 31 G. 601 
 
 Pleasants v., 1 W. 273 
 
 Ruffners v., 7 L. 720 
 
 Sims v., 5 M. 29 
 
 Singleton v., 6 M, 397 
 
 V. Thompson, 2 H.& M. 100 
 
 i:. Thornton, 6 M. 87 
 
 Tutt v., • 3 C. 233 
 
 V. Washington, 5 G. 265 
 
 V. Weldon, 3 E. 71 
 
 Wiekham »., 13 G. 4i7 
 
 Williams v., 5 L. 686 
 
 V. Wyatt, 2 R. 114 
 
 Yancey v., 4 H. & M. 390 
 
 Liggat V. Morgan, 2 L. 84 
 
 Tate v., 2 L. 84 
 
 Liggat V. Withers, 5 G. 24 
 
 Light, Maxwell v., 1 C. 117 
 
 Lightfoot V. Colgin, 5 M. 42 
 
 Fulgham i-., 1 C. 250 
 
 Henderson v., 5 C. 241 
 
 V. Price, 4 H. & II. 431 
 
 V. Strother, 9 L. 451 
 
 Lightner, Euckman v., 24 G. 19 
 
 Ligon V. Ford, 5 M. 10 
 
 Jackson v., 3 L. 161 
 
 Lilienfeld, Frank v., 33 G. 377 
 
 Lilly's Case, 1 L. 525 
 
 Lincoln v. Chrisman, 10 L. 338 
 
648 
 
 TABLE OF CASES. 
 
 Lincoln v. Stern, 23 G. 816 
 
 Lindenberger, Dunbar v., 3 M. 169 
 
 Wamsley v., 2 E. 478 
 
 Lindsay's Case, 2 V. C. 345 
 
 V. Campbell, 4 H, &M. 405 
 
 V. Howerton, 2 H. & M. 9 
 
 Martin v., 1 L. 499 
 
 Lindsay v. Corkery, 29 G. 650 
 
 Lingle v. Cooke, 32 G. 26 1 
 
 Linke v. Fleming, 25 G. 704 
 
 Linkenhoger, Kelly v., 8 G. 104 
 
 Linkons' Case, 9 L. 608 
 
 i;.Hale, 27 G^. 668 
 
 V. Shafer, 28 G. 77o 
 
 Linn v. Carson, 32 G 170 
 
 Linney v. Dare, 2 L. 588 
 
 V. HoUiday, 3 S. 1 
 
 Linton's Case, 2 V. C. 205 
 
 Case, 2 V. C. 476 
 
 V. Hartley, 9 L. 444 
 
 Lipscomb, Braxton v., 2 M. 282 
 
 V. Davis, 4 L. 303 
 
 Defarges v., 2 M. 451 
 
 V. Littlepage, 1 H. & M. 
 
 454 
 
 V. Kogeis, 20 G. 658 
 
 Stark v., 29 G. 322 
 
 Tankersley v., 3 L. 813 ■ 
 
 Liston, Jenkins »., 13 O. 535 
 
 Lit. Fund v. Dalby, 4 G. 528 
 
 V. Dawson, 10 L. 147 
 
 «. Dawsons, 1 Rob. 402 
 
 Lithgow's Case, 2 V. C. 297 
 
 Little's Case, 25 G. 921 
 
 Littlejobn v. Ferg-uson, 18 G. 53 
 
 Jas. R. & Kan. Co. v., 18 
 
 G. 53 
 
 Littlepage, Holladay v., 2 M. 316 
 
 Holladay v., 2 M. 539 
 
 Lipscomb v., 1 H. & M. 
 
 454 
 
 Quarlesii., 2H. &M.401 
 
 Starke v., 4 R. 368 
 
 Litton's Case, 6 G, 691 
 
 Lively, Anderson v., 6 L. 77 
 
 Pollard v^ 2 G. 216 
 
 Pollard v., 4 G. 73 
 
 Livesay v. Helms, 14 G. 441 
 
 Livingston's Case, 7 G. 658 
 
 Case, 14 G. 592 
 
 Lloyd V. Erwin, 29 G. 598 
 
 Smith v., 16 G. 295 
 
 Lobb, Craigen v., 12 L. 627 
 
 Lobdell, M'Comb v., 32 G. 1H5 
 
 Lock, Walraven v., 2 P. & H. 547 
 
 Locket, Turpin v., 6 0. 113 
 
 Lookharts, Lewellen v., 21 G. 570 
 
 Lockridge v. Carlisle, 2 L. 186 
 
 V. Carlisle, 6 R. 20 
 
 M'Clintic i>., 11 L. 253 
 
 Lockridge v. Sharrot, 
 
 5 L. 376 
 
 Lodge's Case, 
 
 2 G. 579 
 
 Lofitus, Bryan v., 
 
 1 Rob. 12 
 
 Collins v., 
 
 ]0L. 5 
 
 Loftus' Case, 
 
 3 G. 601 
 
 Logan's Case, 
 
 2 G. 571 
 
 Case, 
 
 5 G. 692 
 
 Adams v., 
 
 27 G. 201 
 
 Neale v., 
 
 1 G. 14 
 
 Pleasants v., 4 H. & M. 489 
 
 Logwood, Jones v., 1 W. 42 
 
 West V.., 6 M. 491 
 
 Lohman v. Crouch, 19 G. -331 
 
 Lohrs V. Miller, 13 G. 452 
 
 Lomax v. Hord, 3 H. & M. 271 
 
 Pendleton ■»., Wy. 4 
 
 V. Pendleton, 3 C. 538 
 
 Perrin v., 2 R. 133 
 
 V. Picot, 2 E. 247 
 
 London, Stovall v., 5 M. 299 
 
 V. Turner, 11 L. 403 
 
 Londons V. Echols, 17 G. 15 
 
 Long's Case, 2 V. C. 318 
 
 Clark »., 4 R. 451 
 
 V. Colston, Gil. 98 
 
 V. Colston. 1 "H. & M. Ill 
 
 Dunbar v., 4 H. & M. 212 
 
 c;. Hagerstown Ag. Im. Mf. 
 
 Co., 30 G. 665 
 
 Hite v., 6 R. 457 
 
 V. Israel, 9 L. 556 
 
 Lewis v., 3 M. 136 
 
 V. Long, 5 C. 431 
 
 Mahone v., 3 R. 557 
 
 Richmond v., 17 G. 375 
 
 V. Ryan, 30 G. 718 
 
 Shiflett v., 23 G. 718 
 
 Shirley v., 6 E. 764 
 
 Shirley v., 6 R. 735 
 
 Tuberville v., 3 H. & M. 309 
 
 Waller v., 6 M. 71 
 
 i>. Weller, 29 G. 347 
 
 Loop V. Summers, 3 11. 511 
 
 Loraine, Scott v., 6 M. 117 
 
 Lorton, Pleasants v., 2 P. & H. 8 
 
 Louisa E. R. Co., Trevillian v.. 3 G. 
 
 312 
 
 Love V. Braxton, Wy. 144 
 
 V. Braxton, 5 C. 537 
 
 Fitzhugh v., 6 C. 5 
 
 Goode v., 4 L. 635 
 
 Kelly v., 20 G. 124 
 
 Kerr»., 1 W. 172 
 
 Lee v., 1 C. 497 
 
 V. Ross, 4 C. 590 
 
 Lovell V. Arnold, 2 M. 167 
 
 V. Arnold, 2 L. 16 
 
 Lovett's Case, 2 V. C. 74 
 
 Loving, Garland v., 1 B. 396 
 
 Lowe V. Miller, 3 G. 196 
 
TABLE OF CASE8. 
 
 649 
 
 Lowry, Collins v., 
 Hutson v., 
 V. Mountjoy, 
 Mountjoy v., 
 
 Lowther's Case, 
 
 Rucker v., 
 
 2W. 75 
 
 2 V. C.42 
 
 6C. 55 
 
 4 H. & M. 428 
 
 1 H. & M. 202 
 
 6 L. 259 
 
 Loyal & Greenbrier Co.'s Case; 4 C. 21 
 
 Loyd, 
 
 Bennett v., 
 Foreman v., 
 Smith v., 
 Lucado V. Tutwiler, 
 Lucas V. Duffield, 
 Jones v., 
 Moring v., 
 Towner v., 
 Luckess, Moore ■«., 
 Lucketts c. Lucketts, 
 Lucy V. Cheminant, 
 Lnddington, Stuart v., 
 Ludbam, Burkholder v , 
 Lumpkin, Lathropr., 
 Pollard D., 
 Small v., 
 Washington v., 
 Lumsden, Burwell v., 
 Lunan, Godwin v., 
 Lunn, Curtis v., 
 Lunsford v. Smith, 
 Lupton, HoUingsworth r. 
 
 Tidball v., 
 Lusk V. Eamsay, 
 Luster v. Middlecoff, 
 Luttrell, Wood v., 
 Lyell, Elliott v., 
 Lyle, Byrne v., 1 
 
 V. Higginbotham, 
 f. Overseers Poor, 
 V. Stephenson, 
 Watson v., 
 Lylfes; Simmons v., 
 Simmons i-., 
 Lymbrick v. Seldon, 
 Lynch, Garland v., 
 Gilliat v., 
 V. Hill, 
 Skeen •v., 
 V. Thomas, 
 Watson v., 
 Yerby v., 
 
 Lynchburg Fem. Orphan Asy. i-. 
 Ford, 25 G. 566 
 
 6 L. 316 
 
 2 L. 284 
 
 11 L. 512 
 28 G. 39 
 6 G. 456 
 1 R. 268 
 
 4 C. 577 
 13 G. 705 
 23 G. 160 
 
 10 L. 50 
 
 2 G. 36 
 
 1 E. 403 
 
 30 G. 255 
 
 2E. 49 
 
 6 G. 398 
 
 28 G. 832 
 
 5 G. 432 
 :>4 G. 443 
 
 J. 96 
 6 M. 42 
 
 12 G. 554 
 4 M. 114 
 
 1 E. 194 
 
 3 M. 417 
 
 8G. 54 
 
 1 0.232 
 
 8 C. 268 
 
 H. S: M. 7 
 
 10 L. 63 
 
 8G.20 
 
 6 C. 54 
 
 4 L. 236 
 27 G. 922 
 32 G. 752 
 
 3 M. 202 
 1 Rob. 545 
 
 2 L. 493 
 
 6 M. 114 
 1 Rob. 186 
 
 3 L. 682 
 
 4 M. 94 
 3 G. 439 
 
 Lyne, Coleman ■!)., 
 
 V. Gilliat, 
 
 V. Jackson, 
 
 Ritchie v., 
 
 V. Wilson, 
 Lynham, Hauensteiris 1 
 
 Sands v., 
 Lyon, Dandridge n., 
 Lyons' Case, 
 
 4 R. 454 
 3C. 5 
 1 R. 114 
 1 C. 489 
 1 R. 114 
 28 G. 62 
 27 G. 291 
 Wy. 123 
 -3 L. 761 
 
 Lyons u.Byrd, 
 
 V. Brown, 
 Drake v., 
 V. Gregory, 
 Hundley o., 
 M'Gruder v., 
 V. M'Guire, • 
 V. Magagnos, 
 V. Miller, 
 ®. Turner, / 
 
 Maben, Overton v., 
 Mabry's Case, 
 Macaboy's Case, 
 Macaulay ~ ' 
 
 2 H. & M. 22 
 
 Gil. 105 
 
 9G. 54 
 
 3H. &M. 237 
 
 5 M. 342 
 7 G. 233 
 
 22 G. 202 
 7G.377 
 
 6 G. 427 
 6R. 41 
 
 10 L. 609 
 2 V. C. 396 
 2 V. C. 268 
 
 Dis. Swamp Land Co., 
 
 2 Rob. 507 
 
 V. Dis. Swamp Laud Co., 
 
 7 G. 47(j 
 
 V. Griffin, 
 
 Griffin v., 
 
 Macfarland, Jas. E. & Kan 
 
 Machir o. ilachir, 
 
 v. Moore, 
 
 MuUiday v., 
 Mackay, Buckner v , 
 JIackey i'. Bell, 
 
 ■u. Bell, 3 H 
 
 V. Fuqua, 
 V. Fuqua, 
 
 V. Mackey, 
 Mackie v. Davis, 
 Macklin, Wyche v., 
 Maclin's Case, 
 Maclins, Daniel v., 
 Macon, Gary v., 
 
 V. Crumj), 
 
 Garnett v., 
 
 Johnson v., 
 
 Johnson v., 
 
 il'Kenziii v., 
 Macrae, Woods v., 
 Madden v. Madden, 
 Maddox's Case, 
 
 V. Ewell, 
 1). Jackson, 
 i'. Maddox, 
 M^adison, Dades «., 
 Lewis v., 
 Stuart »., 
 V. Vaughan, 
 Magagnos, Lyons v., 
 Magee, Harris -u., 
 
 Vass v., 
 Maggort V. Hansbarger 
 Magill V. Manson, 
 
 ■V. Saur, 
 Magruder, Boyd v., 
 
 4G. 9 
 
 7 G. 476 
 
 Co. r., 16 
 
 G. 424 
 
 6 M. 265 
 
 2 G. 257 
 
 4G. 1 
 
 2 L. 488 
 
 2 M.523 
 
 & M. 199 
 
 2 C. 496 
 
 3 C. 19 
 
 29 G. 15& 
 
 2 W. 219 
 
 2 R. 426 
 
 3 L. 809 
 6 M. 61 
 
 4 C. 605 
 
 1 C. 575 
 
 6 C. 308 
 1 W. 4 
 
 4 C. 367 
 
 5 G. 379 
 Wy. 253 
 
 2 L. 877 
 2V. C 19 
 2 V. C. 59 
 
 4 M. 462 
 11 G. 804 
 
 5 L. 401 
 1 M. 303 
 
 1 C, 481 
 5 C. 562 
 
 7 G. 377 
 
 3 C. 502 
 1 H. & M. 2 
 
 8 L. 532 
 
 20 G. 527 
 
 20 G. 540 
 
 2 Rob. 761 
 
 Carr v., 2 P. & H. 107 
 I'. Goodwin, 2 P. &H. 561 
 
 «2 
 
650 
 
 TABLE OF CASES. 
 
 Magruder, Poore v., 
 Mahon v. Johnston, 
 Mahone v. Long, 
 Mahoney, Wyeth v., 
 Maile's Case, ' 
 Mairs i>. Gallahue, 
 
 24 G. 197 
 7L.317 
 3 R. 557 
 
 32 G. 645 
 
 9 L. 661 
 
 9G. 94 
 
 Maitland, Dishazer v., 12 L. 524 
 V. M'Dearman,l V. C. 131 
 V. Newton, 3 L. 714 
 
 Major, Compton v., 30 G. 180 
 
 V. Dudley, J. 51 
 
 V. Gibson, 1 P. & H. 48 
 
 V. Major, 32 G. 819 
 
 Mai com, Doolittle v., 8 L. 608 
 
 Mallecote, Giles v., J. 52 
 
 Malone, Dnval v., . 14 G. 24 
 
 Gee v., 2 E. 426 
 
 V. Hobbs, 1 Bob. 346 
 
 King v., 31 G. 158 
 
 Manchester Cotton Mills v. Manches- 
 ter, 25 G. 825 
 Mandeville v. Mandeville, 3 C. 225 
 V. Patton, 3 C. 9 
 V. Perry, 6 C. 73 
 Sutton v., 1 M. 407 
 Mangum i>. Flowers, 2 M. 205 
 Manhattan Xjfe Ins. Co. v. Warwick, 
 20 G. 614 
 Fire Ins. Co. v. Weil, 28 
 G. 389 
 Manlove v. Thrift, 5 M. 493 
 Mann's Case, 6 M. 452 
 Case, 1 V. C. 3C8 
 Caae, 2 V. C. 210 
 Beirne v., 5 L. 364 
 V. Drewry, 5 L. 296 
 V. Flinn, 10 L. 90 
 V. Givens, 2 L. 762 
 Givens v., 6 M. 191 
 «. Givens 7 L. 689 
 V. Gwynn, 8 G. 58 
 V. King, 6 M. 428 
 M'Clintick v., 4 M. 328 
 V. Parke, 16 G. 443 
 V. Sutton, 4 E. 253 
 Manser, Hill v., 11 G. 522 
 Manson, Hardaway v., 2 M. 230 
 Magill v., 20 G. 527 
 Powell v., 22 G. l'>7 
 Trustees Pres. Ch. v., 4 E. 
 197 
 Mantz V. Hendley, 2 H. & M. 308 
 Manuel, Williams v., 1 Rob. 639 
 March v. Chambers, 30 G. 299 
 Fisher v., 26 G. 765 
 Marohant, Hudgins v., 28 G. 177 
 Maria v. Surbaugh, 2 E. 228 
 Marine Ins. Co. v. Stras., :" 1 M. 408 
 Markells v. Markells, 82 G. 544 
 Markham's Case, 1 L. 516 
 
 Markham u. Boyd, 92 G. 544 
 
 V. Guerrant, 4 L. 279 
 
 Markle v. Burch, 11 G. 26 
 
 Marks' Caae, 4 L. 652 
 
 Armstead v., 1 W. 325 
 
 V. Bryant, 4 H. & M. 91 
 
 Gregory v., 1 E. 355 
 
 W.Hill, 15 6.400 
 
 V. Morris, 2 M. 407 
 
 V. Morris, 4 H. & M. 463 
 
 Smith v., 2 E. 449 
 
 Markwood, Cribbins v., 13 G. 495 
 
 Wine v., HI G. 43 
 
 Marlow v. Bell, 13 G. 527 
 
 Marquess, Hooe v., 4 C. 416 
 
 Marr, Bell v., 1 C. 47 
 
 V. Miller, 1 H. & M. 204 
 
 Marsh, Bream v., 4L. 21 
 
 Chamberlaine v., 6 M. 283 
 
 Stinchcomb »., 15 G. 202 
 
 Marshall's Case, 5 G. 663 
 
 Case, , 5 G. 693 
 
 Case, 20 G. 845 
 
 Bank Valley v., 25 G. 378 
 
 V. Bussard, GU. 9 
 
 Cattlet v., 10 L. 79 
 
 V. Clark, 4 C. 268 
 
 V. Colvert, 5 L. 146 
 
 V. Conrad, 5 C. 364 
 
 V. Cross, 26 G. 271 
 
 V. Frisbie, 1 M. 247 
 
 Gathright «?., 1 H. & M. 427 
 
 Hale v., 14 G. 489 
 
 Homer v., 5 M. 466 
 
 Miller v., 1 y. C. 158 
 
 Overstreet v., 3 C. 192 
 
 Overstreet k.,1 H. & M. 382 
 
 Eogers v., 4 L. 425 
 
 Samuel v., 3 L. 567 
 
 Saunders v., 4 H. & M. 455 
 
 Smoot v., 2 L. 134 
 
 D. Thompsoa, 2M. 412 
 
 Marsteller v. Coryell, 4 L. 325 
 
 Weaver v., 1 G. 391 
 
 Marston's Case, 9 L. 36 
 
 V. Parish, J. 1 
 
 Martin's Case, 2 L. 745 
 
 Case, 5 M. 117 
 
 Adams »., 8 G. 107 
 
 V. Anderson, 6 E. 19 
 
 V. Auditor, 4 R. 264 
 
 V. Beverly, 5 C. 444 
 
 Bowyer v., 6 E. 525 
 
 Bush v., 7 L. 320 
 
 Cavani)., 3C.228 
 
 Cnrrie v., 3 C.'28 
 
 Davis v., 3 M. 285 
 
 Devismea., Wy. 298 
 
 Eib v., 5 L. 132 
 
 V. Flowers, 8 L. 158 
 
TABLE OF CASES. 
 
 651 
 
 Mftrtin, Gooseman v., 4 M. 533 
 
 V. Hall, 9 G. 8 
 
 Hunt v., 8 G. 578 
 
 Hunter v., 4 M. 1 
 
 V. Kirby, 11 G. 67 
 
 V. Lindsay, 1 L. 499 
 
 V. Lewis, 30 G. 672 
 
 V. Martin, 12 L. 495 
 
 V. Snowden, 18 G. 100 
 
 V. Stover, 2 C. 514 
 
 V. Sturm, 5 E. 693 
 
 V. Welch, 4 M. 60 
 
 Wheatley v., 6 L. 62 
 
 Martiney, Phillips v., 10 G. 333 
 
 Martz V. Martz, 25 G. 361 
 
 Marye, Moohery v., 2 M. 453 
 
 Marx, Garland v., 4 L. 321 
 
 Marxhausen's Case, 29 G. 853 
 
 Mason, Almond v., 9 G. 700 
 
 V. Bond, 9 L. 181 
 
 Cadwallader v., Wy. 188 
 
 V. Chappell, 15 G. 572 
 
 Chichester «,, 7 L. 244 
 
 Davenport v., 2 W. 200 
 
 V. Dunman, 1 M. 456 
 
 «. Dunn, 6 G. 384 
 (X Farmers' Bank, 12 L. 84 
 
 Goddin v., 14 G. 102 
 
 Hooe v., 1 "W. 207 
 
 Jones v., 5 E. 577 
 
 V. Jones, 26 G. 271 
 
 Lane v., 5 L. 520 
 ■B.Mason, 4H.&M. 414 
 
 V. Moyers, 2 Kob. 606 
 
 V. Nelson, 11 L. 227 
 
 V. Peters, ' 1 M. 437 
 
 Ehett v., 18 G. 541 
 
 Stearns v., 24 G. 484 
 
 Tomlinson «., 6 E. 169 
 
 Warners v., 5 M. 242 
 
 V. Williams, 3 M. 126 
 
 i: Wood, 27 G. 783 
 
 Massenburg, Pierce v., 4 L. 493 
 
 Massie's Case, 30 G. 841 
 
 Green v., 21 G. 356 
 
 V. Greenhow, 2 P. & H. 255 
 
 Williamson v.; 33 G. 237 
 
 Masters v. Varner, 5 G. 168 
 
 Matthews' Case, 16 G- 989 
 
 Abraham v., 6 M. 159 
 
 - Brown v., 1 E. 462 
 
 V. Buxton, 17 G. 312 
 
 Cabaness v., 2 G. 32o 
 
 Hunter v., 12 L. 228 
 
 Hunter v., 1 Eob. 468 
 
 Kentv., 12 L. 573 
 Nelson v., 1 H. & M. 21 
 Nelsons., 2 H. & M. 164 
 
 1). Noel, 5 M. 460 
 
 «. Warner, 29 G, 570 
 
 Matthews v. Woodsonet, 2 Eob. 601 
 
 Mattox, Baird v., 1 C. 257 
 
 Mauek, Yancey «., 15 G. 300 
 
 Maule, Alcocke v., Gil. 305 
 
 Bennett v., Gil. 305 
 
 West v., Gil. 305 
 
 Maund v. M'Phail, 10 L. 199 
 
 Maupin v. Whiting, 1 C. 224 
 
 Mauro, Moore v., 4 R. 488 
 
 Maury v. Ches. & 0. E. E. Co., 27 G. 
 
 698 
 
 Maury & Co., Bernard v., 20 G. 434 
 
 V. Eogers, 24 G. 169 
 
 Mauzy v. Sellars, 26 6. 641 
 
 May V. Boisseau, 8 L. 164 
 
 V. Boisseau, 12 L. 512 
 
 Brown v., 1 M. 288 
 
 V. Joynes, 20 G. 692 
 
 Pegram v., 9 L. 176 
 
 V. State Bank N. C, 2 Bob. 56 
 
 V. Yancey, 4 L. 362 
 
 Mayberry, Newell v., 3 L. 250 
 
 Mayb]ish's Case, 29 G. 857 
 
 Maynadier, Buchanan v., 6 C. 1 
 
 Maynard, Blow v., 2 L. 29 
 
 V. M'Candlish, 10 L. 116 
 
 Mayo V. Bentley, 4 C. 528 
 
 V. Carrington, 4 C. 472 
 
 v. Carrington, 19 G. 74 
 
 Cheatwood v., 5 M. 1 6 
 
 V. Clark, 2 C. 276 
 
 V. Clark, 2 C. 389 
 
 Clarke v., l C. 374 
 
 V. Giles, 1 M. 533 
 
 V. Haines, 2 M. 423 
 
 V. James, 12 G. 17 
 
 V. Judah, 5 M. 495 
 
 V. Murchie, 3 M. 358 
 
 V. Purcell, 3 M. 243 
 
 V. Tomkies, 6 M. 520 
 
 V. Turner, 1 M. 405 
 
 Warwick v., 15 G. 528 
 
 Wilkinson v., 3 H. & M. 565 
 
 V. Winfree, 2 L. 370 
 
 Mayor, Boiling »., 3 E. 563 
 
 Boiling »., 8L.224 
 
 V. Judah, 5 L. 305 
 
 Mays V. Callison, 6 L. 230 
 
 V. Swope, 8 G. 46 
 
 Mayse, Meze v., 6 E. 658 
 
 Maxwell, Jackson v., 5 E. 636 
 
 V. Light, 1 C. 117 
 
 Maze V. Hamiltons, Wy. 51 
 
 V. Hamiltons, 4 C. 33 
 
 ■ Hamilton «., . 4 C 196 
 
 McAden v. Keen, 30 G. 400 
 
 McAlexander, Hairston v., 10 L. 486 
 
 V. Harris, 6 M. 465 
 
 Howell «., 3 E. 94 
 
652 
 
 TABLE OF CASES. 
 
 McAlexander r. Montgomery, 4 L. 
 
 61 
 
 McAlister v. MoAlister, 1 "W. 193 
 
 MoAlpine, Otley v., 2 G-. 340 
 
 McArthur v. Chase, 13 G. 683 
 
 MoArtdr, Carter v., 28 G. 356 
 
 MoBride v. McBride, 26 G. 476 
 
 MoCall, Broddus v.. 3 C. 546 
 V. Graham, 1 H. & M. 13 
 
 Graves v., 1 C. 414 
 
 Howard v., 21 G. 205 
 
 Mitchell v., 35 G. 3O0 
 
 V. Peachy, 1 C. 55 
 
 V. Peachy, 3 M. 288 
 
 Prestons v., 7 G. 121 
 
 V. Tamer, 1 C. 133 
 
 McCalley, Coplin v„ 1 L. 280 
 McCally, Bank Marietta v., 2 K. 465 
 
 McCauce v. Taylor, 10 G. 580 
 
 McCandlishi). Coke, 13 G. 615 
 
 V. Edloe, 3 G. 315 
 
 V. Hopkins, 6 C. 208 
 
 r. Keen, 13 G. 615 
 
 Maynard v., 10 L. 116 
 
 Ware v., 11 L. 595 
 
 McCann's Case, 14 G. 570 
 
 Butler ti., 4L631 
 
 V. Janes, 1 Kob. 256 
 
 McCargo v. Callicotb, 2 M. 501 
 
 McCarter's Case, 11 L. 633 
 
 McCarty v. Gibson, 5- G. 307 
 
 V. Murray, 2 M. 393 
 
 McCaul's Case, ' 1 V. C. 271 
 
 McChesney, Bowman v.. 22 G. 609 
 
 V. Brown, 25 G. 393 
 
 Douglass v., 2 E. 109 
 
 Olinger v., 7 L. 660 
 
 McClanachan's Case, 4 K. 482 
 
 Siter v., 2 G. 289 
 
 McClanahan v. The King, J. 9 
 
 McClean, Taylor v., 3 C. 557 
 
 V. Tomlinson, 5 M. 220 
 
 McCleary, Purcell v., 10 G. 246 
 McClelland v. Kennaird, 6 G. 352 
 McClenachan, Humphrey «., 1 M. 493 
 
 McClenahan v. Gwynn, 3 M. 566 
 McClenahans v. Hannah, 4 M. 499 
 
 MoClenegan's Case, 1 V. C. 155 
 Case, 3 H. & M. 575 
 
 MoClintic's Case, 1 Eob. 727 
 V. Lockridge, 11 L. 253 
 
 «). Manns, 4M. 328 
 
 V. Wise, 25 G. 448 
 
 McClung V. ArbucUle, 6 M. 315 
 
 V. Beirne, 10 L. 394 
 
 V. Ervin, 2 J G. 519 
 
 V. Hughes, 5 K. 453 
 
 Young v., 9 G. 336 
 
 McCluun V. Steel, 2 V. C. 256 
 
 McCluny v. Jackson, 6 G. 96 
 
 McCluer, Goodwin v., 3 G. 378 
 
 McClure, Clarke v., 10 G. 305 
 
 Kinney i;., 1 E. 284 
 
 Pate v., 4 E. 164 
 
 1). Thistle, 2G. 182 
 
 McComas v. Easley. 21 G. 23 
 
 McComb V. Lobdeli, 32 G. 185 
 
 McConnico v. Curzen, 3 C. 358 
 
 McCoole, Darlington v., 1 L. 36 
 
 McCorkle, Caperton v., 5 G. 177 
 
 McCormack «. Obannon, 3 M. 484 
 
 McCormick v. Blackford, 4 G. 133 
 
 Bower v., 23 G. 310 
 
 V. Hamilton, 23 G. 561 
 
 v. McCormick, 7 L. 66 
 
 McCortney, Caldwell v., 2 G. 187 
 
 McCoy V. Herbert, 9 L. 548 
 
 Pairker v., 10 G. 594 
 
 McCraoken, Parsons v., 9 L. 495 
 
 McCraw, Dickinson v., ■ 4 E. 158 
 
 V. Williams, 33 G. 510 
 
 MeCready's Case, 27 G. 982 
 
 Case, 27 G. 985 
 
 McCubbin. James v.. 2 C. 273 
 
 McCue's Case, 1 V. C. 137 
 
 Dixon v., 14 G. 540 
 
 Dixon r., , 21 G. 373 
 
 V. Ealston, 9 G. 430 
 
 Eamsey v., 51 G. 349 
 
 Zirkle v., 26 G. 517 
 
 McCullough, Hardy v, 23 G. 251 
 
 V. Somerville, 8 L. 415 
 
 McCullough & Co,, Bait. & O. E. E. 
 
 Co. v., 12 G. 595 
 
 McCune's Case, 2 Kob. 771 
 
 McDaniel v. Baskerville, 13 G. 228 
 
 1). Brown, RL.218 
 
 Crawford v., 1 Eob. 448 
 
 King v., 4 C. 451 
 
 MoDearman v. Commonwealth, 21 G. 
 
 511 
 
 Maitland r.. 1 V. C. 131 
 
 McDonald, Burr «., 3 G. 206 
 
 - Crawford r., 2 H. & M. 1 89 
 
 Witherington «., 1 H. & 
 
 M. 306 
 
 McDouall, Nuttall v., 6 C. 53 
 
 McDougall V. Guigon, 27 G. 133 
 
 McDowell, Bnrging v., 30 G. 236 
 
 V. BuTwell, 4 E. 317 
 
 Carpprr., 5 G. 212 
 
 V. Crawford, 11 G. 377 
 
 McFarland o. Hunter, 8 L. 489 
 
 M' Fatridge, Keys r., 6 M. 18 
 
 McGannon, White v., 29 G. 511 
 
 McGavock, Jackson v., 5 E. 509 
 
 McGinnis, Seamonds v., 3 G. 305 
 
 V. Wash. Hall Asso., 12 
 
 G. 602 
 
 McGruder v. Lyons, 7 G. 233 
 
TABLE OP CASES. 
 
 653 
 
 McGuire's Case, 
 
 1 V. C. 119 
 
 v. Ashby, 
 
 IE. 76 
 
 «. Gadsby, 
 
 3 C. 224 
 
 Lyons v., 
 
 22 G. 202 
 
 V. Pierce, 
 
 9 G. 167 
 
 V. Warder, 
 
 1 W. 368 
 
 Mcllhaney, Whitacre r., 4 M. 310 
 
 McKay v. Hite, 4 K. 564 
 
 McKays v. Hite, 2 L. 145 
 
 McKeand, Sonthall v., Wv. 95 
 
 Southall »., 1 W" 136 
 
 McKee v. Bailey, 11 G. 340 
 
 McKenney t>. Waller, 1 L. 434 
 
 McKenzie, Banister v., 6 M. 447 
 
 ». Macon, 5 G. 379 
 
 Worsliam v., 1 H. & M. 
 
 « 342 
 
 McKeown, Foley v., 4 L. 627 
 
 McKey v. Garth, 2 fiob. 33 
 
 ■0. Yonng, 4 H. & M. 430 
 
 McKildoe v. Darracott, 13 G. 278 
 
 McKim -D. Fulton, 6 C. 106 
 
 Moody v., 5 M. 374 
 
 V. Moody, 1 E. 58 
 
 McKiuley v. Ensell, 2 G. 333 
 
 Parrill v., 9 G. 1 
 
 McKinney's Case, 8 G. 589 
 
 Baitley v., 28 G. 750 
 
 V. Pinckard, 2 L. 1 49 
 
 Sailing v., 1 L. 43 
 
 McKinster v. Garrott, 3 E. 554 
 
 McLauchlan, Eoss v., 7 G. 86 
 
 McLaughlin 1). Bank Potomac, 7 G. 68 
 
 V. Duffield, 5 G. 133 
 
 V. Jaiiney, 6 G. 609 
 
 Peatross v., 6 G. 64 
 
 Vance <.., 8 G. 289 
 
 McLean v. Copper, 3 C, 367 
 
 Cresap 0., 5 L. 381 
 
 V. Pied & Ari. Life Ins. Co., 
 
 26 G. 361 
 
 Pied. & Arl. Life Ins. Co. v , 
 
 31 G. 517 
 
 McLeod, Eyan v., 32 G. 367 
 
 McLochlin, Wilkinson v., 1 C. 49 
 
 McLoud e. Eoberte, 4 H. & M. 443 
 
 McLuer, Miller v., Gil. 338 
 
 Eogers v., 4 G. 81 
 
 McMahon v. FawCett, 2 E. 514 
 
 McMaster v. McMaster, 10 G. 275 
 
 McMichen v. Amos, 4 E, 134 
 
 McMillion v. Dobbins, 9 L. 422 
 
 McMuUin, Cox v., UG. 82 
 
 Shannons., 25 G. 211 
 
 McMurdo, Chalmers «., 5 M. 252 
 
 Coleman v., 5 E. 51 
 
 Fenwick v., 2 M. 244 
 
 McMnrray n. Oneal, 1 C. 246 
 
 McNaughton, Claughton v., 2 M. 513 
 
 McNeal, Boynton v., 31 G. 456 
 
 McNeale v. Governor, 3 G. 286 
 
 McNeel ii. Herold, H G. 309 
 
 McNeil, V. Baird, 6 M. 316 
 
 Hamilton v., 13 G. 389 
 
 Webb v., 3 M. 184 
 
 McNew V. Smith, 5 G. 84 
 
 McNutt V. Young, 8 L. 542 
 
 McPhail, Maund v., 10 L. 199 
 
 McPherin v. King, 1 R, 172 
 
 McPherson's Case, 28 G. 939 
 
 V. Nesmith, 3 G. 227 
 
 McEae v. Bates, 4 H. & M. 490 
 
 ■V. Boast, 3 E. 481 
 
 V. Brooks, 6 M. 157 
 
 Brown v., 4 M. 439 
 
 Cole v., 6 E. 644 
 
 V. Farrow, 4 H. & M. 444 
 
 V. Scott, 4 E. 463 
 
 V. Turnpike Co., 3 E. 160 
 
 V. Woods, 2 W. 80 
 
 V. Wodds, 1 H. & M. 548 
 
 McEea v. Brown, 2 M. 46 
 
 Hunt v., 6 M. 454 
 
 Nadeubousch v., Gil. 228 
 
 McEeynolds v. Counts, 9 G. 242 
 
 McEoberts, Booker v.. 1 C. 243 
 
 Horde v., 1 C. 337 
 
 Kennon v., 1 W. 96 
 
 McVeigh v. Allen, 29 G. 5f-8 
 
 Bank, O. D. v., 20 G. 457 
 
 V. Bank, O. D., 26 G. 188 
 
 V. Bank, O. D., 26 G. 785 
 
 Bank, O. D. u., 29 G. 546 
 
 Bank, O. D. v.. 32 G. 530 
 
 South. Ex. Co. v., 20 G. 264 
 
 Underwood v., 23 G. 409 
 
 McWhirt's Case, 3 G. 566 
 
 McWilliams, James v., 6 M. 301 
 
 B.Smith, 1C.123 
 
 V. Willis, 1 W. ] 99 
 
 Mead, Davis v., 13 G. 118 
 
 V. Haynes, 3 E. 33 
 
 V. Jones, 24 G. 347 
 
 Meade v. Brooking, 3 M. 548 
 
 V. Grigsby, 26 G. 612 
 
 V. Tate, 2 C. 231 
 
 Mears, Savage v., 2 Bob. 570 
 
 Mechan, Bourne v., 1 G. 292 
 
 Mechanics Build. Asso., White v., 22 
 
 G. 233 
 
 Medley, Hairston v., 1 G. 96 
 
 V. Jones, 5 M. 98 
 
 V. Medley, 3 M. 191 
 
 V. Medley, 27 G, 568 
 
 V. Pannill, 1 Eob. 63 
 
 V. Tunis, 1 Eob. 63 
 
 Meek v. Baine, 1 H. & M. 339 
 
 Thompsons v., 7 L. 419 
 
 V. Thompson, 8 G. 134 
 
 Meem, Cralle v,. 8 G. 496 
 
654 
 
 TABLE OF CASES. 
 
 Megginson, Cabell v., 
 
 6 M. 202 
 
 Meggs, Boatright v., 
 
 '1 M. 145 
 
 Melson v. Cooper, 
 
 4 L. 408 
 
 V. Melson, 
 
 2 M. 542 
 
 Phillips v., 
 
 3M. 76 
 
 Mendum's Case, 
 
 6 E. 704 
 
 Menefcee, Colvin v., 
 
 11 G. 87 
 
 Mercer's Case, 2 V. C. 144 
 
 V. Beale, 4 L. 189 
 
 V. Kelso, 4 G. 106 
 
 Eichards «., 1 L. 125 
 
 Smallwood v., 1 "W. 290 
 
 Merchants' Bank, U. S. Bank v., 1 
 
 Eob. 573 
 
 Ins.Co.ti.Edmond, 17 G. 
 
 138 
 
 & Mechs. Sav. Bk. v. Da- 
 
 shiell, 25 G. 616 
 
 Meredith exparte, 33 G. 119 
 
 Barrett v., 10 G. 650 
 
 ■U.Duval, 1M.76 
 
 V. Johns, 1 H. & M. 585 
 
 V. Eogers, 24 G. 172 
 
 u. Salmon, 21 G. 762 
 
 Merewether«. Dowdy, 25 G. 232 
 
 Meriwether. Johnstons v., 3 C. 523 
 
 Merrifield, Laidley «., 7L. 346 
 
 Merryman v. Criddle, 4 M. 542 
 
 Merrymans v., 5 M. 440 
 
 Merrymans v. Merryman, 5 M. 440 
 
 Merrit v. Smith, 6 L. 486 
 
 Mertens v. Nottlebohms, 4G. 163 
 
 Mesmer's Case, 26 G.' 976 
 
 Metcalfe v. Battaile, Gil. 191 
 
 Mettert v. Hagan, 18 G. 231 
 
 Merze v. Howver, 1 L. 442 
 
 V. Mayse, 6 E. 658 
 
 Miars v. Bedgood, 9 L 361 
 
 Michael, Hampton v., 6 G. 150 
 
 Michaux v. Brown, 10 G. 612 
 
 Michie v. Jeffries, 21 G. 334 
 
 V. Michie, 17 G. 109 
 
 Vest v., 31 G. 149 
 
 Wright v., 6 G. 354 
 
 Miclde V Lawrence, 5 E. 571 
 
 Micou, Triplett v., 1 E. 269 
 
 Middlecoff, Luster v., 8 G. 54 
 
 Middleton v. Arnold, 13 G. 489 
 
 V. Johns, 4 G. 129 
 
 Harrison v., 11 G. 527 
 
 V. Pinnell, 2 6. 202 
 
 Midlothian Coal Min. Co. e. Finney, 
 
 18 G. 304 
 
 Winston 
 
 o.,20G. 
 
 Mill, Palmer v., 
 Millan v. Kephart, 
 Millar, Bowers v., 
 Miller's Case, 
 
 3 H. & M. 502 
 
 18 G. 1 
 
 3 M. 492 
 
 1 V. C. 310 
 
 Miller, Alderson v., 15 G. 279 
 
 V. Argyle, 5 L. 460 
 
 Barnette v., 23 G. 551 
 
 V. Bayly, 21 G. 521 
 V. Beverly, 1 H. & M. 368 
 
 V. Beverlys, 6 M. 99 
 V. Beverlys, 4 H. & M. 415 
 V. Blannerhasset, 5 M. 197 
 
 V. Blase, 30 G. 744 
 
 Bowman v., 25 G. 331 
 
 Cales v., 8 G. 6 
 
 Christian v., 3 L. 78 
 
 Clevinger v., 27 G. 740 
 
 Coffman v., 26 G. 698 
 V. Commonwealth,27 G. 110 
 
 Couch v., 2 L. 545 
 
 . V. Crawford, 32 G. 277 
 
 V. Crews, 2 L 576 
 
 Curd v., 7 G, 185 
 
 Davies «., 1 C. 127 
 
 Davis v., 14 G. 1 
 
 Fant v., 17 G. 47 
 
 Fant v., 17 G. 187 
 
 V. Fletcher, 27 G. 403 
 
 Goodwin v., 2 M. 42 
 
 Haffey v., 6 G. 454 
 
 Heffner v., 2 M. 43 
 
 V. Holcombe, 9 G. 665 
 
 V. Jeflress, 4 G. 472 y 
 
 V. Jones, 9 G. 584 
 
 ■!). Kennedy, 3 E. 2 
 
 Kinniard v., 25 G. 107 
 
 Lohro v., 12 G. 452 
 
 Lowe v., 3 G. 196 
 V. Lynchburg, 20 G. 330 
 
 Lyons v., 6 G. 427 
 Marr v., 1 H. & M. 204 
 
 ■U.Marshall, IV. C. 158 
 
 V. McLuer, Gil. 338 
 
 Mowry v., 3 L. 561 
 
 V. Page, 6 0. 28 
 ». Pendleton, t H. & M. 436 
 
 Ealston«., 3 E. 44 
 
 V. Eice, 1 E. 438 
 Boudabflsh »., 32 G. 454 
 
 V. Sharp, 3 E. 41 
 
 Spindle v., 6 M. 170 
 
 ■0. Trevilian, 2 Kob. 1 
 
 V. Truehart, 4 L. 569 
 
 V. Williams, 15 G. 213 
 Wilson v., 1 P. & H. 353 
 
 Millers v. Catlett, 10 G. 447 
 
 Milliner v. Harrison, 32 G. 422 
 
 Mills' Case, 7 L. 751 
 
 V. Bell, 3 C. 320 
 
 V. Black, 1 C. 241 
 
 Corbin v., 19 G. 438 
 
 V. Lancaster, 28 G. 442 
 
 V. Mills, 28 G. 442 
 
 Eobinson «., 19 G. 438 
 
TABLE OF CASES. 
 
 655 
 
 Mills «. ThoCen.Sav.Bank,16G. 91 
 
 Millstead, Colvert v., 5 L. 88 
 
 Milne, Eoss v., 12 L. 204 
 
 Milner v. Commonwealth, 21 G. 511 
 
 Milstead v. Redman, 3 M. 219 
 
 MUton, Atwell v., 4 H. & M. 253 
 
 HoUingsworth v., 8 L. 50 
 
 Ming V. Gwatkin, 6 E. 551 
 
 Minge, Dandridge v., 4 E. 397 
 
 Mingo, Paup v., 4 L. 163 
 
 Minniok, Hammen v., 32 G. 249 
 
 Minnis, Aylett v., Wy. 21 9 
 
 c. Aylett, 1 ^Y. 300 
 
 V. Echols, 2 H. & M. 31 
 
 V. Pollard, 1 C. 226 
 
 Stratton v., 2 M. 329 
 
 Minor, Allen v., 2 C. 70 
 
 Christy v., 4 M. 431 
 
 Cocke v., 25 G. 246 
 
 i). Dabner, 3 E. 191 
 
 ». Goodail, 3C.393 
 
 Hawkins v., 5 C. Ii8 
 
 V. Jones, 4 H. & M. 480 
 
 V. Minor, 8 G. 1 
 
 Eopp v., 33 G. 97 
 
 Taliaferro v.. 1 C. 524 
 
 Taliaferro?)., 2C. 190 
 
 Miss. Soo. M, E. Ch. v. Calvert, 32 G. 
 
 357 
 
 Mitchell's Case, 1 V. C. 116 
 
 Case, 1 L. 572 
 
 Case, 33 G. 845 
 
 Case, 33 G. 872 
 
 V. Baratta, 17 G. 445 
 
 Cunningham v., 4 E. 189 
 
 HooTer^, 25 G. 387 
 
 Johnson v., 1 E. 209 
 
 V. Johnsons, 6 L. 461 
 
 V. Kelly, 1 C. 379 
 
 V. M Call, 25 G. 300 
 
 V. Moore, 16 G. 275 
 
 Pmntz v., 30 G. 247 
 
 V. Riviera, 17 G. 445 
 
 V. Thompson, 2 P. & H. 
 
 424 
 
 «. Thornton, 21 G. 164 
 
 Tomkins v., 2 E. 428 
 
 V. Trotter, 7 G. 136 
 
 Moflfatt V. Bowman, 6 G. 219 
 
 Mortimer v., 4 H. & M. 503 
 
 Moffett V. Biokle, 21 G. 280 
 
 Chew v., 6 M. 120 
 
 Turner v., 2 W. 70 
 
 Molineaux, Brown v., 21 G. 539 
 
 Moll V. Guigon, 29 G. 705 
 
 Moncure, Grayson v., 1 L. 449 
 
 Monroe v. James, 4 M. 194 
 
 V. Eedman, 2 M. 240 
 
 Vance v., 4 G. 52 
 
 V. Webb, 4 M. 73 
 
 Montague's Case, 10 6. 767 
 
 Jennings v., 2 G. 350 
 
 Syme v., 4 H. & M. 180 
 
 V. Turpin, 8 G. 453 
 
 Monteith v. Commonwealth, 15 G. 
 
 172 
 Montgomery, Campbell^., 1 Eob. 392 
 V. Fletcher, 6 E. 612 
 Lemoigne v., 5 C. 528 
 M'Alexanderi)., 4 L.61 
 V. Eose, 1 P. & H. 5 
 Mooberry v. Marye, 2 M. 453 
 
 Moody, Coleman v., 4 H. & M. 1 
 M'Kim v., 1 E. 58 
 
 ■J). M'Kim, 5 M. 374 
 
 Moon V. Campbell, 1 M. 600 
 
 V. Pasteur, 4 L. 35 
 
 V. Eichardson, 24 G. 219 
 
 V. Stone, 19 G. 130 
 
 Moore's Case, 2 V. C. 155 
 
 Case, 2 L, 701 
 
 Case, 9 L. 639 
 
 Case, 1 G. 294 
 
 Case, 25 G. 951 
 
 V. Auditor, 3 H. & M. 232 
 V. Aylett, 1 H. & M. 29 
 Baxter v., 5 L. 219 
 
 «. Brooks, 12G. )35 
 
 V. Chapman, 3 H. & M. 260 
 Coflfman »., 29 G. 244 
 
 ?). Dawney, 3 11. &M. 127 
 Early v., 4 M, 26^ 
 
 V. Fenwick, Gil. 214 
 
 V. Ferguson, 2 M. 421 
 
 Ferguson j;., 2 W. 54 
 
 V. Fitzrandolph, 6 L. 175 
 V. Fitzwater, 2 E. 442 
 
 Gallego v., 4 M. 6(1 
 
 V George, 10 L. 228 
 
 GiUiami)., 4 L. :-0 
 
 D.Gilliam. 5M. 346 
 
 V. Harnsbarger. 26 G. 667 
 V. Hilton, 12 L. 1 
 
 V. Holcombe, 3 L. 597 
 
 V. Holt, 10 G. 284 
 
 V. Luckess, 23 G. 160 
 
 Machir v., 2 G. 257 
 
 V. Mauro, 4 E. 488 
 
 Mitchell v., 16 G. 275 
 
 C.Moore, 8G.307 
 
 Eitchieu., 5 M. 3-8 
 
 V. Sexton, 30 G. 505 
 
 Spencer «., 4 C. 423 
 
 V. Tate, 22 G. 351 
 
 Taylor v., 2 E. 563 
 
 V. The Fireman's Fund Ins. 
 Co., 28 G. 524 
 
 The King v., J. 8 
 
 V. Thornton, 7 G. 99 
 
 Todd«., IL. 457 
 
656 
 
 TABLE OF CASES. 
 
 iiloore ... Va. F. & M. Ins. Co., 261 
 
 G. 508 
 
 V. Waller, 3 E. 418 
 
 Williams »., 3 M. 310 
 
 ZoUman v., 21 G. 313 
 
 Moores v. White, 3 G. 133 
 
 Moorman, Moss v., 24 G. 97 
 
 V. Smoot, 28 G. 80 
 
 Moran's Case, 9 L. 651 
 
 V. Brent, 25 G. 104 
 
 V. Johnston, 26 G. 108 
 
 Wartenby v., 3 C. 491 
 
 Morgan's Case, 7 G. 592 
 
 Case, 26 G. 992 
 
 V. Carson, 7 L. 238 
 
 Deneale v., 5 C. 407 
 
 Liegat v., 2 L. 84 
 
 V. btey, 21 6. 619 
 
 Selby v., 3 L. 577 
 
 Selby v., 6 M. 156 
 
 Morgenstern's Case, 27 G. 1018 
 
 Moring v. Lucas, 4 C. 577 
 
 Morris' Case, 9 L. 636 
 
 Case, 1 V. C. 176 
 
 ex parte, 11 G. 292 
 
 Alexander «., 3 C. 89 
 
 Baker v., 10 L. 284 
 
 Barrett u, 33 G. 273 
 
 Braxton D., 1 W. 380 
 
 V. Chambevlayne, J. 14 
 
 Childress v., 23 (-. 802 
 
 Clopton v., 6 L. 278 
 
 Crawford v., 5 G. 90 
 
 V. Creel, 1 V. C. 333 
 
 V. Creel, 2 V. 0. 49 
 
 V. Deshazo, , 4 E. 460 
 
 V. Duke, 2 P. & H. 462 
 
 V. Grubbs, 30 G. 286 
 
 Hudson v., 1 W. 70 
 
 Marks v., 4 H. & M. 463 
 
 Marks v., 2 M. 407 
 
 V. Morris, 4 G. 293 
 
 u. Morris, 9 G. 637 
 
 V. Morris, 33 G. 51 
 
 «. Owen, 2 C. 520 
 
 V. Peregoy, 7 G. 373 
 
 Picket v.. 2 W. 255 
 
 Rich. & iDau. E. E. Co. v., 31 
 
 G. 200 
 
 V. Ross, 2 H. & M. 408 
 
 V. Terrell, 2 E. 6 
 
 Morrisett's Case, 6 G. 673 
 
 Morrison v. Bausemer,. 32 G. 225 
 
 V. Campbell, 2 E. 206 
 
 Downer v., 2 G. 237 
 
 Downer v., 2 G. 250 
 
 V. Grubb, 23 G. 342 
 
 V. Morrison, 27 G. 190 
 
 Peay v.,. 10 G. 149 
 
 V. Speer,. 10 G. 228 
 
 Morrison,Whe6ling Ins. Co. v., 11 L, 
 
 354 
 
 Morriss v. Coleman, 1 Rob. 478 
 
 Morrow, Peyton v., 8 L. 54 
 
 Mortimer's Case, 3 V. C. 325 
 
 V. Brumfield, 3 M. 122 
 
 V. Moffatt, 4 H. & M. 503 
 
 Morton, Daniel v., 4 M. 120 
 
 Harrison v., 4 H, & M. 483 
 
 Skipwith v., 2 C. 277 
 
 Mosby, Bradley v., 3 C. 50 
 
 OarapbeU v., 4 M. 487 
 
 Cobbs v., Wy. 137 
 
 V. Haskins, 4 H. & M. 427 
 
 V. Leeds, 3 C. 439 
 
 V. Mosby, 9 G. 584 
 
 ■!). St. Louis Mv,t. Ins. Co., 31 
 
 G. 629 
 
 u. Taylor, Gil. 172 
 
 Tichenor v., 13 G. 15 
 
 Moseley's Case, 3 V. C. 154 
 
 V. Boush, 4 K. 392 
 
 V. Buck, 3 M. 232 
 
 I). Cocke, 7 L. 234 
 
 Gay v., 2 M. 543 
 
 V. Jones, 5 M. 23 
 
 M'Connico »., 4 C 360 
 
 «. Moss, 6 G. 534 
 
 Moses, Crawford v., 10 L. 277 
 
 V. Denigree, 6 E. 561 
 
 V. Hart, 25 G. 795 
 
 V. Trice, 21 G. 556 
 
 Moss V. Green, 10 L. 251 
 
 V. Moorman, 24 G. 97 
 
 Moseley v., 6 G. 534 
 
 ■u. Moss, 4 H. & M. 293 
 
 V. Stipp, 3 M. 159 
 
 Mott V. Carter, 26 G. 127 
 
 Motter, Ward v., 2 Eob. 536 
 
 Monntjoy v. Banks, 6 M. 387 
 
 Fox r., 6 M. 36 
 
 V. Lowry, 4 H. & M. 428- 
 
 Lowry v„ 6 C. 55 
 
 Mowbray's Case, ' 11 L. 643 
 
 Mowry v. Miller, 3 L. 561 
 
 Moyeis, Mason v., 2 Eob. 606 
 
 Muiri). Falconer, 10 G. )2 
 
 Head v.. 3 R. 122 
 
 Muire ». Smith, 2 Rob. 458 
 
 Mull's Case, 8 G. 695 
 
 Mullen, PuUen v., 12 L. 434 
 
 MuUiday v. Machir, 4 G. 1 
 
 Munday, King Wm. Jus. v., 2 L. 165 
 
 V. Vawter, 3 G. 494 
 
 Mundel, United States v., 6 C. 245 
 
 Mundell, Kemp v., 9 L. 12 
 
 Munford v. Overseers Poor, 2 R. 313 
 
 V. Rice, 6 M. 81 
 
 Murchie, Mayo v., 3 M. 358 
 
 Rose v., 2 C. 409 
 
TABLE OP CASES. 
 
 657 
 
 Murdaugh, Jones v., 2 L. 447 
 
 Murdoch, Day v., 1 M, 460 
 
 Mnrdock v. Herndon, 4 H. & M. 200 
 
 Murphy's Case, 23 G. 960 
 
 V. Carter, 23 G. 477 
 
 V. Gaskins, 28 G. 207 
 
 Lee v., 22 G. 789 
 
 V. Staton, 3 M. 239 
 
 Mnrra v. Northern, 1 W. 282 
 
 Murray's Case, 2V. C. 504 
 
 Bragg v., 6 M. 32 
 
 V. Carret, 3 C. 373 
 
 Chiun v., 4 G. 348 
 
 Foreman v., 1 L. 412 
 
 Jordan v., 3 C. 85 
 
 V. M'Carty, 2 M. 393 
 
 V. Pennington, 9 G .87 
 
 Prondflt v., 1 C. 394 
 
 Murrell v. Johnson, 1 H. & M. 450 
 
 "Murry's Case. 5 L. 7^0 
 
 Muse, Fairfax v., 2 H. & M. 557 
 
 Fj,irlax v., 4 M. 124 
 
 V. Farmers' Bank, 27 G. 252 
 
 V. Vidal, 6 M. 27 
 
 Wjatt«., 1M.183 
 
 Mustard «. Wohlford, 15 G. 329 
 
 Mut. Assur. Co. ». Mahon, oC. 5)7 
 
 Soc. V. Byrd, 1 V. C. 170 
 
 Currie v., 4 H. & M. 
 
 315 
 
 Farmers' Bank v., 4 
 
 L. 69 
 
 Ingrams v.-, 1 Eob. 
 
 661 
 
 «. Holt, 29 G. 612 
 
 Shirley «)., 2 Rob. 705 
 
 Skipwith v., 10 L. 
 
 602 
 
 V. Stanard, 4 M. 539 
 
 D.Stone, 3L.218 
 
 Stratton v., 6 B. 22 
 
 Mut Ben. Life Ins. Co. v. Atwood, 24 
 
 G. 497 
 
 Myerdock's Case, 26 G. 988 
 
 Myers' Case, 1 V. C. 188 
 
 Case, 2V. C. 160/ 
 
 Dixon v., 7 G. 240 
 
 V. Friend, 1 K. 13 
 
 Goodwyii^., 16 G. 336 
 
 «). Nelson, 26 G. 929 
 
 Ould y., 23 G. 383 
 
 V. Wade, 6 R. 444 
 
 V. Whitfield, 22 G. 780 
 
 Zeteller., 19G. 62 
 
 Myrick v. Adams, 4 M. 366 
 
 V. Epes, 8 G. 179 
 
 Jones v., ^ G. 179 
 
 Nadenboush v. M'Rea, 
 Nadenbush v. Lane, 
 
 Gil. 228 
 4 R. 413 
 
 Nagle V. Newton, 22 6. 814 
 
 Nalle, Borst v., 28 G. 423 
 
 V. Fenwick, 4 R. 585 
 
 Nance v. Woodward, Wy. 180 
 
 Nanny, Hook u, 4 H. & M. 157 
 
 Hook v., 2 M. 379 
 
 Lambert v., 2 M.196 
 
 Nansemond Jus., Cowling «., 6R. 349 
 
 Nash V. Fugate, 24 G. 202 
 
 1-. Fugate, 32 G. 595 
 
 V. Nash, 28 G. 686 
 
 Eouth v., 27 (i. 843 
 
 V. Up. App. Co., 5 G. 332 
 
 Natl. Ex. Bank Norfolk, Feckheimer 
 
 v., 31 G. 651 
 
 Richmond, Johnson 
 
 I., .33 G. 473 
 
 Nax's Case, 13 G. 789 
 
 Naylor v. Lit, Fund, 5 L. 71 
 
 V. Throckmorton, 7 L. 98 
 
 Neal'sCase, 22 G. 917 
 
 Barksdale v., 16 G. 314 
 
 V. Commonwealth, 21 G. 511 
 
 Gardner v., 9 G. 85 
 
 V. Logan, 1,G. 14 
 
 Neale, Chandler v., 2 H. & M. 124 
 
 Jones v., 2 P. & H. 339 
 
 Ned's Case, 6 L. 607 
 
 Neff V. Talbot, 1 V. C. 140 
 
 Neil V. Neil, 1 L. 6 
 
 Neilson i). Bowman, 29 G. 732 
 
 Clay v., 5 R. 596 
 
 Jordan v.. 2 W. 164 
 
 Nekervis, Porter c, 4 R. 359 
 
 Nelson v. Anderson, 2 C. 286 . 
 
 V. Armstrong, 6 G. 354 
 
 V. Carrington, 4 M. 332 
 
 0. Cornwell, 11 G. 724 
 
 V. Fotterall, 7 L. 179 
 
 Givens r., 10 L. 382 
 
 V. Harwood, 3 C. 394 
 
 V. Jennings, 2 P. & H. 369 
 
 Mason v., 11 L. 227 
 
 Matthews v., 1 H. & M 21 
 
 Matthews c. 2 H. & M. 164 
 
 Myers v., 26 G. 929 
 
 V. Nelson, 1 W. 13{i 
 
 Northwestern Bk. v., 1 G. 10^ 
 
 V. Page, 7 G. 160 
 
 4). Suddarth, IH. &M.350 
 
 Tyler t\, 14 G. 214 
 
 Vail v., 4 R. 478 
 
 Nelson Mitchell's Case, 33 G. 872 
 
 Nemo's Case, 2 G. 558 
 
 Neply V. Kincheloe, 6 M. 529 
 
 Nesmith, M'Phersou v., 3 G. 227 
 
 Netherland, Howell v., J. 90 
 
 Neville, Peters v., 26 G. 549 
 
 Newbill, Shackleford v^ % P. & H. 
 
 332 
 
 «3 
 
658 
 
 TABLE OF CASES. 
 
 Newbrougb «, Walker, 8 Gr. 16 
 
 Newby, Blake v., 6 M. 64 
 
 V. Blakey, 3 H. & M. 57 
 
 '0. Forsyth, 3 G. 294 
 
 Newcomb v. Drummoud, 4 L. 57 
 
 Newell '8 Case, 2 W. 88 
 
 V. Mayberry, 3 L. 250 
 
 V. Wood, 1 M, 555 
 
 Newkirk, Foreman »., 3 M. 275 
 
 Newman v. Chapman, 2 E. 93 
 
 Davis «., 2 Rob. 664 
 
 4). Graham, 3 M, 187 
 
 King v., 2 M. 40 
 
 V. Newman, 37 G. 714 
 
 Newsum v. Newsum, 1 L. 86 
 
 «.Pendred, 2V. C. 93 
 
 Newton's Case, 1 H. & M. 90 
 
 Alexander v., 2 G. 266 
 
 Boulware v., 18 G. 708 
 
 K.Bnshong, 22 G. 484 
 
 V. Bushong, 22 G. 628 
 
 Legaw v., J. 18 
 
 Maitlaiid v., 3 L. 734 
 
 Nagle B., 22 G. 844 
 
 V. Poole, 12 L. 112 
 
 Trotter v., 30 G. 582 
 
 D. Wilson, 3 H. & M. 470 
 
 New York L. Ins. Co. v. Hendren, 24 
 
 G. 536 
 
 Niblo, Hare v., 4 L. 359 
 
 Nice V. Purcell, 1 H. & M. 372 
 
 Nicholas, Auditor v., 2 M. 31 
 
 «. Burruss, 4 L. 289 
 
 Crump v., 5 L. 251 
 
 «. Fletcher, 1 W. 330 
 
 Harris v., 5 M. 483 
 
 Kosei), Wy.268 
 
 Smith v., 8 L. 330 
 
 V. Tyler, 1 H. & M. 332 
 
 Nichols V. Ay lor, 7 L. 546 
 
 V. CampbeU, 10 G. 560 
 
 13. Covey, 4 R. 365 
 
 Erwin v., 27 G. 281 
 
 Ford »., 3 G. 84 
 
 Janes »., 7 G. 589 
 
 Shumaker v., 6 G. 592 
 
 Nicholson ». Dixon, 5 M. 198 
 
 Stone v., 27 G. 1 
 
 Nick, Hyde v., 5 L. 336 
 
 Nickell V. Handley, 10 G. 336 
 
 Nicolson, Cringau v., 1 H. & M. 429 
 
 V. Hancock, 4 H. & M. 491 
 
 Taylor?)., 1 H. & M. 67 
 
 Nidayt). Harvey, 9ii. 454 
 
 Nimmo's Case, 1 H. & M. 470 
 
 Case, 4 H. & M. 57 
 
 ■Niswander, Coffman v., 26 G. 737 
 
 Nix's Case, 11 L. 636 
 
 Nixon V. Eose, 12 G. 425 
 
 Noble V. Eichmond, 31 G. 271 
 
 Nock V. Nock, 
 
 10 G. 103 
 
 Noel V. Fisher, 
 
 3C. 215 
 
 French v., 
 
 22 G. 454 
 
 V. Gamett, 
 
 4 C. 92 
 
 Matthews v.. 
 
 5 M. 460 
 
 V. Sale, 
 
 1 C. 495 
 
 Noell, B. & 0. E. E. Co. v., 
 
 32 G. 394 
 
 Noland v. Cromwell, 
 
 4 M. 155 
 
 v. Seekright, 
 
 6 M. 185 
 
 Norfolk City v. Chamberlaine, 29 G. 
 
 
 534 
 
 V. Cooke, 
 
 27 G. 430 
 
 V. Ellis, 
 
 26 G. 2^4 
 
 Humphreys 
 
 v., 25 G. 
 
 
 97 
 
 Norfolk County, Portsmouth v., 31 
 
 
 G. 727 
 
 N. & P. E. E. Co. V. Ormsby, 27 G. 
 
 
 455 
 
 Norman v. Cunningham, 
 
 5G. 63 
 
 V. Hill, 2 P 
 
 . & H. 676 
 
 Korris v. Crummey. 
 
 2 E. 323 
 
 Digges v., 3 H 
 
 . & M. 268 
 
 «. Hume, 
 
 2 L. 334 
 
 V. Johnston, 
 
 17 G. 8 
 
 Keerle v., 2 V. C. 217 
 
 Layne v., 
 
 16 G. 236 
 
 V. Tomlin, 
 
 2 M. 336 
 
 North, Erskine v., 
 
 14 G. 60 
 
 V. Perron, 
 
 4K. 1 
 
 Northern, Murra v., 
 
 IW. 282 
 
 Northwestern Bank v. Nelson, 1 G. 
 
 
 108 
 
 Hays 
 
 v., 9 G. 
 
 
 127 
 
 Piudall v., 7 L. 
 
 
 617 
 
 Northwestern Turnpike, £ 
 
 ayre v., 10 
 
 
 L. 454 
 
 Norton, Ambler v., 4 H. & M. .:S 
 
 Ijewis v.. 
 
 1 W.76 
 
 V. Eose, 
 
 2 W. 233 
 
 Norvell v. Camm, 
 
 2E.6a 
 
 ■V. Camm, 
 
 6 M. 233 
 
 V. Camm, 
 
 2 M. 257 
 
 V. Hudgins, 
 
 4 M. 496 
 
 V. XiBSSuer, 
 
 33 G. 222 
 
 Lynchburg v., 
 
 20 G. 601 
 
 Boss v., 
 
 1 W. 14 
 
 Eoss v., 
 
 3 M. 170 
 
 Warwick v., 
 
 IL. 96 
 
 Warwick v., 
 
 1 Eob. 308 
 
 Nottebohms, Mertens v., 
 
 4 G. 163 
 
 Nottingham, Un. Steamship Co. v., 
 
 
 17 G. 115 
 
 Nowell, Isbell v., 
 
 4 G. 176 
 
 Nowlin V. Burwell, 
 
 28 G. 8>^3 
 
 V. Eeynolds, 
 
 25 a. 137 
 
 ». Scott, 
 
 10 G. 64 
 
 V. Winfree, 
 
 8 G. 346 
 
TABLE OF CASES. 
 
 659 
 
 Noyes v. Cooper, 
 
 5 L, 186 
 
 V. Humphreys, 
 
 11 G. 636 
 
 Nuckols V. Jones, 
 
 8 a. 267 
 
 Nuckolls' Case, 
 
 32 G. 884 
 
 Nulton, Isaacs v., 
 
 30 G. 726 
 
 Nunn, Clark v., 
 
 25 G. 287 
 
 Nutt, Corbettu., 
 
 18 G. 624 
 
 Downey »., 
 
 19 G. 59 
 
 Nuttall V. M'Douall, 
 
 6C. 53 
 
 Nutter's Case, 
 
 8 G. 699 
 
 Obannon, M'Cormaok v., 3 M. 484 
 O'Bannon v. Saunders, 24 G. 138 
 Obenchain, Jones v., 10 G. 259 
 
 Ober V. Goodridge, 27 G. 878 
 
 Oberdorfer, Harman «., 33 G. 497 
 O'Brien v. Stevens, 11 G. 610 
 
 Odell, Harman v., 6 G. 207 
 
 Offner'sCase, 2V. C. 17 
 
 Ogg V. Randolph, 4 H. & IVl. 445 
 Oglesby, Boyd v., 23 G. 674 
 
 O'Hara, Johnson v.. 5 L. 456 
 
 Old's Case, 18 G. 915 
 
 Truss v., 6 E. 556 
 
 Oldacre, Anthony «,. 4 C. 489 
 
 O. D. Granite Co. v. Clarke, 28 G. 617 
 V. Jones, 28 G. 617 
 O. D. Ins. Co., Sutherland v.. 31 G. 
 
 176 
 
 Iqs. Co., Wooddy «., 31 G. 862 
 
 Steamship Co. v. Burckhardt, 
 
 31 G. 664 
 
 Oldham, Wrights v., 8 L. 306 
 
 Olinger v. M'Chesuey, 7L. 660 
 
 V. Shepherd, 12 G. 462 
 
 Oliver v. Hallam, 1 G. 298 
 
 Knight i>., 12 G. 33 
 
 Tinsley®., 5M. 4:9 
 
 Wilkinson v., 4 H. & M. 450 
 
 Oraohundro v. Crump, 18 G. 703 
 
 V. Henson, 26 G. 511 
 
 ». Omohundro,21 G. 626 
 
 V. Oraohundro, 27 G.824 
 
 Oneal, M'Murray v., 1 C, 246 
 
 Oneale's Case, 17 (i. 582 
 
 Oney, Shields v., 5 M. 550 
 
 Opie, Brewer v., 1 C. 112 
 
 Or. & Alex. R. R. Co. f. Alexandria, 
 
 17 G. 176 
 
 V. Cowherd,17 
 
 G. 366 
 
 V. Fulvey, 17 
 
 G. 366 
 
 Orange Humane Soc, Shifflett v., 7 
 
 ^ ' G. '.■97 
 
 O'Eear v. Kiger, 10 L. 623 
 
 Oriek v. Colston, 7 G. 189 
 
 Omdoff ». Turman, 2 L. 200 
 
 Omisby, N. & P. R. E. Co. v., 27 G. 
 
 455 
 
 Osborne v. Crawley, 
 
 1 V. C. 113 
 
 V. Osborne, 
 
 24 G. 392 
 
 Scott v., 
 
 2 M. 413 
 
 V. Taylor, 
 
 12 G. 117 
 
 Osiander's Case, 
 
 3 L. 780 
 
 Oswald V. Dickinson, 
 
 2C.16 
 
 V. Tyler, 
 
 4E. 19 
 
 Otey, Morgan v., 
 
 21 G. 619 
 
 Otis, Carrington v., 
 
 4 G. 235 
 
 Otley, Land v., 
 
 4 E. 213 
 
 V. M'Alpine, 
 
 2 G. 340 
 
 Ott V. King, 
 
 8 G. 224 
 
 Otterback v. Alex. & Fred. R. R. Co. 
 
 26 G. 940 
 
 Ould, Bartlett v., 28 G. 1 
 
 Howe v., 28 G. 1 
 
 V. Myers, 23 G. 383 
 
 V. Richmond, 23 G. 464 
 
 Overbee's Case, 1 Rob. 756 
 
 Overby, Boyle v., 11 G. 202 
 
 Lewis v., 28 G. 627 
 
 Lewis v., 31 G. 601 
 
 Overfield v. Henderson, 6 E. 675 
 
 Overseers Poor i'. Bank Va., 3 G. 544 
 
 Chapline v., 7 L. 231 
 
 Fall !)., 3 M. 49.T 
 
 V. Hart, 3 L. 1 
 
 Howard !'., 1 R. 464 
 
 Leachman v., 2 V. C. 
 
 399 
 
 Lyle v., 8 G. 20 
 
 Mnnford v., 2 E. 313 
 
 Selden v., 11 L. 127 
 
 Tayloei),, Gil. 336 
 
 V. Tucker, ,2 L. 580 
 
 WillardiJ., 9G.139 
 
 Winston v., 4 C. 357 
 
 Overstreet, Gray v., 7 G. 346 
 
 0. Marshall, 3 C. 192 
 
 V. MarshaU, 1 H. & M. 
 
 382 
 
 e. Eandolph, Wy. 47 
 
 Overton «, Davidson, 1 G. 211 
 
 V. Hudson, 2 W. 172 
 
 V. Maben, 10 L. 609 
 
 Eoss v., 3 C. 309 
 
 Owen, Beasley «., 3 H. & M. 449 
 
 V. Cogbill, 4 H. & M. 487 
 
 Early «., 6 M. 319 
 
 Morris v., 2 C. 520 
 
 V. Sharp, 12 L. 427 
 
 White v., 30 G. 43 
 
 Owens, Ruth v., 2 E. 507 
 
 Owles, Blair v., 1 M. 38 
 
 Owners Wenonah v. Bragdon, 21 G. 
 
 685 
 
 Oxley, Hooe v., 1 W. 19 
 
 V. Turner, 2 V. C. 334 
 
 Pace V. Commonwealth, 21 G. 511 
 
 Danville v„ 25 G. J 
 
660 
 
 TABLE OF OASES. 
 
 Page's Case, 
 
 9 L. 683 
 
 Case, 
 
 26 G. 943 
 
 Case, 
 
 27 G. 954 
 
 V. Booth, 
 
 1 Rob. 161 
 
 V. Clopton, 
 
 30 G. 415 
 
 Craighill v., 
 
 2 H. & M. 446 
 
 Currie v., 
 
 2L. 617 
 
 Miller v., ' 
 
 6C. 28 
 
 Nelson v., 
 
 7 G. 160 
 
 V. Page, 
 
 2 Eob. 424 
 
 Patton v., 
 
 4 H. & M. 449 
 
 V. Pendleton, Wy. 211 
 
 V. Peyton, 2 H. & M. 566 
 
 V. Taylor, 2 M. 492 
 
 Terrellsi)., 3H. &M. 118 
 
 "Walker v., 21 G. 636 
 
 V. Winston, 2 M. 298 
 
 Paine v. Tntwiler, 27 G. 440 
 
 0. & O. E. K. Co. ■»., 29 G. 503 
 
 Pallas V. Hill, 2 H. & M. 149 
 
 Palmer, Beckley v., 11 G. 625 
 
 Calhoun v., 8 G. 88 
 
 Jennings v., 8 G. 70 
 
 V. Mill, 3 H. & M. 502 
 
 Pamplin, Garland v., 32 G. 305 
 
 Pankey's Case, 12 G. 714 
 
 Pannill, Barber n., 6 G. 442 
 
 Medley v., 1 Rob. 63 
 
 Paradise v. Cole, 6 M. 218 
 
 Parent v. Spitler, 30 G. 819 
 
 Parham, Allen «., 5 M. 457 
 
 Paris, Cochran v., 11 G. 348 
 
 Parish v. Gray, , 6 C. 18 
 
 Marston v., J. 1 
 
 Parke, Mann v., 16 G. 443 
 
 Parker ». Anderson, 2 P. & H. 38 
 
 V. Brown, 6 G. 554 
 
 V. Carter, 4 M. 273 
 
 V. Consins, 2 G. 372 
 
 V. Elliott, 6 M. 587 
 
 V. Elliott, Gil. 33 
 
 George v., 4 E. 659 
 
 Jesse v., 6 G. 57 
 
 V. M'Coy, 10 G. 594 
 
 Pasteur v, 3 E. 458 
 
 V. Pitts, 1 H. & M. 4 
 
 V. Wasley, 9 G. 477 
 
 "Windrum v., 2 L. 361 
 
 Parks, Butler v., 1 W. 76 
 
 «. Hewlett, 9L.5I1 
 
 V. Eucker, 5 L. 149 
 
 Washingten v., 6 L. 581 
 
 Parramore v. Taylor, 11 G. 220 
 
 Parrill v. M'Kinley, 9 6. 1 
 
 Parrish, Claiborne v., 2 W. 146 
 
 V. Parrish, 11 L. 626 
 
 Segar v., 20 G. 672 
 
 Parsons' Case, 2 Eob. 771 
 
 V. Harper, 16 G. 649 
 
 V. Lee, J. 49 
 
 Parsons v. M'Cracken, 9 L. 495 
 
 Pascoe, Edelin v., 22 G. 826 
 
 Pasley v. English, 10 G. 236 
 
 Pasleys v. English, 5 G. 141 
 
 Pasteur, Moon «., 4 L. 35 
 
 V. Parker, 3 R. 458 
 
 Pate V. Bacon, 6 M. 219 
 
 V. Baker, . 8 L. 80 
 
 V. M'Clure. 4 E. 164 
 
 Saunders v., 4 E. 8 
 
 V. Spotts, 6 M. 394 
 
 Pates «. Sinclair, 11 G. 22 
 
 Patillo, Lee v., 4 L. 486 
 
 Patrick v. Euffiiers, 2 Eob. 209 
 
 Patriotic Bank, Cookes «., 1 L. 433 
 
 Patten, Bent v., 1 E. 25 
 
 Patterson, Campbell v., 11 L. 113 
 
 Crawford*., 11 G. 364 
 
 Crenshaw v., 6 L. 4-57 
 
 Dnguid v., 4 H. & M. 445 
 
 V. Franklin, 7 L. 590 
 
 HoUins v., 6 L. 457 
 
 PoUaid v., 3 H. & M. 67 
 
 Stone »., 6C. 71 
 
 Patteson ®. Boudurant, 30 G. 94 
 
 Cunningham v. 3 E. 66 
 
 O.Ford, 2 G. 18 
 
 V. Horsley, 29 G. 263 
 
 Patton, Bank of Alex, v., 1 Rob. 499 
 
 V. Calhoun, 4 G. 138 
 
 Harpers v., 1 L. 306 
 
 V. Hoge, 22 G. 443 
 
 Mandeville v., 3 C. 9 
 
 V. Page, 4 H. & M. 449 
 
 Tennent v., 6 L. 196 
 
 V. Williams, 3 M. 59 
 
 Patty V. Colin, 1 H. & M. 519 
 
 Paul, Allen !)., 24 G. 332 
 
 Kite v., 2 M. 154 
 
 Kelly v., 3 G. 182 
 
 V. Paul, 2 H. & M. 5-^5 
 
 V. Smiley, 4 M. 468 
 
 Pauley v. Chapman, 2 Eob. 235 
 
 Paulsen v. Eogers, 32 G. 654 
 
 Pauly, Auditor v., 5 C. 331 
 
 Paup V. Mingo, 4 L. 163 
 
 Paxton, Williamson *., 18 G. 475 
 
 Payne's Case, 31 G. 855 
 
 Ball v., 6 R. 73 
 
 V. Britton, 6 E. 101 
 
 V. Coles, 1 M. 373 
 
 Davis v., 5 E. 332 
 
 V. Dudley, 1 W. 196 
 
 V. EUzey, 2 W. 143 
 
 V. Graves, 5 L. 561 
 
 V. Grim, 2 M. 297 
 
 Harrison «., 32 G. 387 
 
 0. Hutcheson, 32 G. 812 
 
 V. Ladd, 4 M. 483 
 
 V. Eead, 3 C. 225 
 
TABLE OF CASES. 
 
 66t 
 
 Payne, Sampson v.. 5 M. 176 
 
 Storre v., 4 H. & M. 506 
 
 Walden v., 2 W. 1 
 
 Woodson v., 1 C. 570 
 
 Yates v., 4 H. & M. 412 
 
 Peachy, Henderson v., 3 L. 64 
 
 Lee v., 3 C. 220 
 
 M'Call v., 1 C. 55 
 
 M'Call v., 3 M. 288 
 
 Peale J). Hickle, 9 (i. 437 
 
 Pearee's Case, 6 G. 669 
 
 Evans v., 15 G. 513 
 
 Smith v., 6 M. 585 
 
 Smith v., GU. 34 
 
 Pearcy, Gross v., 2 P. & H. 483 
 
 Fearman, Wilcox v., 9 L. 144 
 
 Peaipoint v. Henry, 2 W. 192 
 
 Peas' Case, 2 G. 629 
 
 Case, 4 L. 692 
 
 Peasley v. Boatwright, 2L. 195 
 
 Peatross v. M'Laughlin, 6 G. 64 
 
 Peay v. Morrison, 10 G. 149 
 
 Peck, Harvey v., 1 M. 518 
 
 Taylor v., 21 G. 11 
 
 Wayt v., 9 L. 434 
 
 Peers' Case, 5 G. 674 
 
 V. Barnett, 12 G. 410 
 
 Peery v. Peery, 26 G. 320 
 
 Peete, Ben v., 2 E. 539 
 
 Peggy V. Legg, 6 M. 229 
 
 Bedford »., 6 E. 316 
 
 Pegram's Case, 1 L. 569 
 
 V. Isabell, 2 H. & M. 1 93 
 
 V. IsabeU, 1 H. & M. 388 
 
 V May, 9L. 176 
 
 Vizonnean v., 2 L. 183 
 
 Pence, Graham v., 6 E, 529 
 
 V. Huston, 6 G. 304 
 
 Pendell, Thompson v., 12 L. 591 
 
 Pendleton's Case, 4 L. 694 
 
 Asher v., 6 G. 628 
 
 Crews «., 1 L. 297 
 
 Grymes v., 1 C. 54 
 
 Giymes »., 4 C. 130 
 
 Hinde v., Wy. 354 
 
 V. Hoomes, Wy. 94 
 
 Johnson v., 5 C. 128 
 
 Lomax v., 3 C. 538 
 
 V. Lorn ax, Wy. 4 
 
 Miller®., 4H. &M.436 
 
 Page v., Wy. 211 
 
 Pleasants v., 6 E. 473 
 
 Euffin®., 2W. 184 
 
 Spotswood v., 2 C. 209 
 
 Spotswood v., 4 C. 514 
 
 V. Stewart, 5 C. 1 
 
 V. Stuart, 6 M. 377 
 
 V. Vandeviei", 1 W. 381 
 
 V. Whiting, Wy. 38 
 
 Pendleton, Woodford v., 1 H. & M. 
 
 303 
 
 Pendred, Newsum v., 2 V. C. 93 
 
 Penn, Hale v.. 25 G. 261 
 
 V. Hamlett, 27 G. 337 
 
 V. Eeynolds, 23 G. 518 
 
 Smith ,.., 22 G. 402 
 
 V. Spencer, 17 G. 85 
 
 V. Whiteheads, 12 G. 74 
 
 V. Whitehead, 17 G. 503 
 
 PenneU, Cole v., 2 E. 174 
 
 Penner v. Cooper, 4 M. 458 
 
 Pennington v. Hanby, 4 M. 140 
 
 Murray v., 3 6. 87 
 
 Pennybacker, Buck v., 4 L. 5 
 
 Pepper v. Barnett, 22 G. 405 
 
 Percavil's Case, 4 L. 686 
 
 Perdue's Case, 2 V. C. 227 
 
 Peregoy, Morriss v., 7 G. 373 
 
 Perkins' Case, 7 G. 651 
 
 V Clements, 1 P. & H. 141 
 
 V. Dickinson, 3 G. 320 
 
 V. Giles, 9 L. 397 
 
 V. Hawkins, 9 G. 649 
 
 Henley »., 6 G. 615 
 
 V. Perkins, 8 G. 348 
 
 Eichardson v., 4 M. 512 
 
 V. Saunders, 2 H. & M. 420 
 
 Stokes v., 4 E. 356 
 
 Woodson v., 5 G. 345 
 
 Perkinson v. Gibbs, 2 H. & M. 211 
 
 Gibbs v., 4 H. & M. 415 
 
 Gilliam v., 4 E. 325 
 
 Perrin, Langford v., 5 L. 552 
 
 V. Lomax, 2E. 133 
 
 PeiTins V. Eagland, 5 L. 552 
 
 Perrow, North v., 4 E. 1 
 
 Perry's Case, 3 G. 602 
 
 Manderville v., 6 C. 78 
 
 ■V. Shenandoah N. Bank, 27 
 
 G. 755 
 
 V. Smoot, 23 G. 241 
 
 Ferryman's Case, 2 L. 717 
 
 Persinger v. Simmons, 25 G. 238 
 
 Pcshine v. Shepperson, 17 G. 472 
 
 Peter's Case, 2 V. C. 330 
 
 Baird v., 4 M. 76 
 
 V. Butler, 1 L. '285 
 
 V. Cocke, 1 W. 257 
 
 V. Hargravej 5 G. 12 
 
 Mason v., 1 M. 437 
 
 Petermans v. Laws, 6 L. 523 
 
 Peters v. Auditor, 33 G. 368 
 
 V. Neville, 26 G 549 
 
 Petersburg v. Pet. E. E. Co., 29 G. 
 
 773 
 
 B. R. Co., Petersburg v., 
 
 29 G. 773 
 
 Pettit V. Jennings, 2 Eob. 676 
 
 Pettyjohn, Evans v., 26 G. 604 
 
662 
 
 TABLE OF CASES. 
 
 Peyton's Case, 2 G. 393 
 
 Abrahams v., 16 G. 470 
 
 Brent v., 1 Rob. 604 
 
 Burroughs v.,. 3 6 G. 470 
 
 V. Carr, 1 E. 436 
 
 V. Carr, 3 M. 126 
 
 Cookus v., 1 G. 431 
 
 V. Harman, 22 G. 643 
 
 Hibb v., 21 G. 386 
 
 Hibb v., 22 G. 550 
 
 Morrow v., 8 L. 54 
 
 Page v., 2 H. & M. 566 
 
 V. Stratton, 7 G. 380 
 
 Taylor v., 1 "W. 252 
 
 Phalen's Case, 1 Eob. 73 3 
 
 Pharis V. Dice, 21 G. 303 
 
 Phaup V. Stratton, 9 G. 615 
 
 V. Wooldridge, 14 G. 332 
 
 Phelan, Jones v., 20 G. 229 
 
 Phelps V. Frazer, 3 E. 103 
 
 Lynchburgj)., 20 G. 601 
 
 V. Seely, 22 G. 573 
 
 PhUips' Case, 19 G. 485 
 
 Brock «., 2W 68 
 
 Cocke v., 12 L. 248 
 
 V. Martiney, 10 G. 333 
 
 V. Melson, 3 M. 76 
 
 Eaines «., 1 L. 483 
 
 V. Williains, 5 G, 259 
 
 Phillips, Green v., 26 G. 752 
 
 Phippen v. Durham, 8 G. 457 
 
 Phoebe v. Boggess, 1 G. 129 
 
 Pickering's Case, 8 G. 628 
 
 Sexton v., 3 K. 468 
 
 Picket V. Dowdall, 2 W. 106 
 
 V. Morris, 2 W. 255 
 
 Pickett, Beverley v., 2 L. 425 
 
 V. Chilton, 5 M. 467 
 
 V. Claiborne, 4 C. 99 
 
 Day v., 4 M. 104 
 
 V. Stewart, 1 E. 478 
 
 Pickle, Suavely v., 29 G. 27 
 
 Picot, Lomax v., 2 E. 247 
 
 Pidgeon v. WiUiams, 21 G. 251 
 
 Pied. & Arl L. I. Co., M'Lean v., 29 
 
 G. 361 
 
 V. M'Lean, 31 
 
 G.507 
 
 Pierce's Case, 4 E. 432 
 
 V. Catron, 23 G. 588 
 
 Graham v., 19 G. 28 
 
 Hove v., 1 W. 212 
 
 ». Massenbuig, 4 L. 493 
 
 M'Guiie v., 9 G. 167 
 
 V. Tiigg. 10 L. 406 
 
 Walker «., 21 G. 722 
 
 Pifer'sCase, 14 G. 710 
 
 Pigg V. Corder, 12 L, 69 
 
 Hutcherson v., 8 G. 220 
 
 Pilcher, George v., 28 G. 299 
 
 Pilcher, Jones v., 
 Spencer v., 
 Spencer «., 
 Piles, Cooke v., 
 Pilson V. Bushong, 
 
 6M. 425 
 8 L. 565 
 
 10 L. 490 
 2M. 151 
 
 29 G. 229 
 
 Pinckard, M 'Kinney v., 2 L, 149 
 
 V. "Woods, 8 G. 140 
 
 Pindall v. Bank Marietta, 10 L. 481 
 
 Bank Marietta v., 2 E. 465 
 
 Eib v., 5 L. 109 
 
 V. Eib, 5 L. 132 
 
 0. Northwestern Bank, 7 L. 
 
 617 
 
 Pinnell, Middleton v., 2 G. 202 
 
 Pinner v. Edwards, 6 E. 675 
 
 Pintony, Cahill v., 4 M, 371 
 
 Piper's Case, 9 L. 657 
 
 '». Douglass, 3 G. 354 
 
 Pistor, Hay v., 2 L. 707 
 
 Pitman's Case, 2 Eob. 800 
 
 V. Breckenridge, 3 G. 121 
 
 Briens v., 12 L. 379 
 
 V. Staton, 11 G. 99 
 
 Statoni;., 11 G. 99 
 
 Pitts, Armstrong v., 13 G. 235 
 
 Parker v., 1 H. & M. 4 
 
 V. Tidwell, 3 M. 88 
 
 Pitzer V. Williams, 2 Eob. 241 
 
 Pizzini v. Zetelle, 2 1 G. 733 
 
 PlainviUe v. Brown, 4 H. & M. 482 
 
 Piatt V. Howland, 10 L. 507 
 
 Pleasant's Case, 10 L. 697 
 
 Pleasants v. Bibb, 1 W. 8 
 
 ■A Clements, 2 L. 474 
 
 V. Lewis, 1 W. 273 
 
 U.Logan, 4H.&M.489 
 
 (I. Lorton, 2 P. & H. 8 
 
 B. Pendleton, 6 E. 473 
 
 V. Pleasants, 2 C. 319 
 
 Eoss v., Wy. 10 
 
 Ro-ss ?)., 1 H. & M. 1 
 
 V. Eoss, 1 W. 156 
 
 Plecker v. Ehodes, 30 6. 795 
 
 Pledge, Hughes v., 1 L. 443 
 
 Plumer's Case, 3 G. 615 
 
 Poage V. Bell, 8 L. 604 
 
 V. Bell, 3 R. 586 
 
 V. WillsoB, 2 L. 490 
 
 Poague V. Greenlee, 22 G. 724 
 
 V. Spriggs, 21 G. 220 
 
 Poe, Bichmond v., 24 G. 149 
 
 Poindexter's Case. 6 E. 667 
 
 Case, 33 G. 766 
 
 Bailey «., 14 G. 182 
 
 V. Davis, 6 G. 481 
 
 ». Green, 6 L. 504 
 
 V. Jeffries, 15 G. 363 
 
 V. Pr. Geo. Jus., 11 G. 
 
 19» 
 
 V. Waddy, 6 M. 418 
 
TABLE OF CASES. 
 
 663 
 
 Poindexter v. Wilton, 3 M. 183 
 Pointer, Stone v.. 5 M. 287 
 
 Poitianx, Banks v., 3 E. 136 
 
 Bargamin ■«>., 4L. 412 
 
 Poling V. Johnson. 2 Eolj. 265 
 
 Pollard's Case, .5 R. 659 
 
 V. Baylor, 4 H. & M. 223 
 V. Baylors, 6 M. 433 
 
 Botts v., 11 L. 433 
 
 V. Cartwriglit,2H. &M. 116 
 V. Coleman, 4 C. 245 
 
 Fletcher v.. 3 H. & M. 544 
 Hampton v., 4 H. & M. 451 
 ■V. Lively, 2 O. 216 
 
 V. Lively, 4 G. 73 
 
 V. Lumpkin, 6 G. 398 
 
 Minnis v., 1 C. 226 
 
 ■V. Patterson, 3 H. & M. 67 
 V. Rogers, 4 C. 239 
 
 Steptoe v., 30 G-. 689 
 
 Trimyer v., 5 G. 460 
 
 TunstalH-., 11 L. 1 
 
 V. Underwood, 4 H. & M. 
 459 
 Washington v., 5 G. 432 
 Pollock, Buford -v., 25 G. 78 
 
 ■u. Glassell, 2 G. 439 
 
 V. Sutherlin, 25 G. 78 
 
 PoUok & Co.. Cocke v., 1 H. & M.499 
 Shelton v., 1 H. & M. 
 423 
 PoUy, B. & O. R. E. Co. v., 14 G. 447 
 Ratcliflf'!)., 12 G. 528 
 
 Pomeroy's Case, 2 V. C. 342 
 
 Pool, ex parte, 2 V. C. 276 
 
 Poole, Newton v., 12 L. 112 
 
 Poore's Case, 2 V. C. 474 
 
 V. Magruder, 24 G. 197 
 
 V. Price, 5 L 52 
 
 Pope, Calava v., 3 L. 103 
 
 Cooke*., 3M. 167 
 
 Spicer v., J. 43 
 
 v. Towles, 3 H. & M. 47 
 
 Porter v. Arnold, 3 R. 479 
 
 Ashby v., 26 G. 455 
 
 Brent v., J. 72 
 
 Corr®., -33 6.278 
 
 V. Harris, 4 C. 485 
 
 Jones v., J. 62 
 
 V. Neckervis. 4 E. 359 
 
 V. Porter, 27 G. 599 
 
 Porterfield v. Smith, 2 L. 157 
 
 Portner v. Cazenove, 18 G. 100 
 
 Portsmouth Ins. Co. v. Reynolds, 32 
 G. 613 
 Posey's Case, 4 C. 109 
 
 Potterfield v. Coiner, 4 G. 55 
 
 Poulson V. Accomac Jus., 2 L. 74? 
 Povall, ex parte, 3 L. 816 
 
 Turpin v., 8 L. 93 
 
 Powell's Case, 8 L. 7J9 
 
 Case, 11 G. 822 
 
 Clements v., 9 L. 1 
 
 ■V. Maason, 22 G. 177 
 
 V. Stratton, 11 G. 792 
 
 Tompkins v., 6 L. 576 
 
 Watson v., 3 C. 806 
 
 V. Watson, 3 L. 4 
 
 0. White, 11 L. 309 
 
 Wm. & Mary CoU; v., 12 G. 
 372 
 Power V. Finnie, 4 C. 411 
 
 V. Ivie, 7 L. 147 
 
 V. Tazewells, 25 G. 786 
 
 Pownal ». Taylor, 10 L. 172 
 
 Poythress v. Harrison, 1 P. & H. 197 
 Ross v., 1 W. lao 
 
 Pratt V. Cox, 22 G. 330 
 
 V. Taliaferro, 3 L. 419 
 
 «;. Wright, 13 G. 175 
 
 Prentice «. 2,ane, 2 G. 262 
 
 Prentis' Case, 5 R. 697 
 
 President Bank Va. v. Eohinson. 5 
 G. 174 
 Lit. Fund, Naylor v., 5 
 L. 71 
 N. W. Turnpike, Dun- 
 ningtons v., 6 G. 160 
 Preston's Case, Gil. 235 
 
 V. Auditor, 1 C. 471 
 
 V. Bowen, 6 M. 271 
 
 Campbell v., 22 G. 396 
 Dabney «., 25 G. 838 
 
 Early v., 1 P. & H. 228 
 ■V. Grayson County, 30 G. 
 496 
 Harvey v., 3 C. 495 
 
 V. Harvey, 2 H. & .M. 55 
 V. Heiskell, 32 G. 48 
 
 V. HuU, 23 G. 600 
 
 Jesse v., 5 G. 120 
 
 Keith v., 5 G. 120 
 
 V. M'Call, 7 G. 121 
 
 V. Preston, 4 G. 88 
 
 Eobinett v., 2 Rob. 273 
 Robinett v., 4 G. 141 
 
 V. Stuart, 29 G. 289 
 
 Pcetlow V. Bailey, 29 G. 212 
 
 Price's Case, 8 L. 757 
 
 Case, 21 G. 846 
 
 Case, 33 G. 819 
 
 Anderson v., 4 M. 307 
 
 V. Ayres, 10 G. 575 
 
 V. Browning, 4 G. 68 
 
 Callaway v., ' 32 G. 1 
 
 V. Campbell, 5 C. 115 
 
 u. Campbell, 2C. 110 
 
 Campbell v., 3 M. 227 
 
 V. Crump, 2 H. & M. 89 
 
 Dalby v., 2 W. 191 
 
664 
 
 TABLE OP CASES. 
 
 Price, Dann v., 
 
 
 11 L. r03 
 
 Purdie, Cohoons «., 
 
 3 C. 431 
 
 V. Fuqua, 
 
 
 4 M. 68 
 
 V. Jones, 
 
 32 G. 827 
 
 Green v., 
 
 
 1 M. 449 
 
 Purvis II. Hill, 
 
 2 H. & M. 614 
 
 Hanks v., 
 
 
 32 G. 107 
 
 Puryear v. Cabell, 
 
 24 G. 260 
 
 V. Harrison, 
 
 
 31 G. 114 
 
 Cabells v., 
 
 27 G. 902 
 
 Harrison v., 
 
 
 25 G. 553 
 
 Crouch v., 
 
 1 R. 258 
 
 V. Holland, 
 
 IP 
 
 &. H. 2^9 
 
 V. Taylor, 
 
 12 G. 401 
 
 V. Kyle, 
 
 
 9 G. 247 
 
 Pusey, Hoskinson v.. 
 
 32 Or. 428 
 
 Lightlbot v., 
 
 4H 
 
 . & M. 431 
 
 Putney, Brown v., 
 
 1 W. 302 
 
 Poore v., 
 
 
 5L. 52 
 
 Ruffners v., 
 
 12 G. 541 
 
 V. Price, 
 
 
 9G. 45 
 
 Pynes, Ross v., 
 
 Wy. 69 
 
 Spotswood v., 
 
 3H. &M. 123 
 
 Ross v., 
 
 3 C. 568 
 
 V. Strange, 
 
 2H 
 
 . & M. 615 
 
 
 
 V. Thrash, 
 
 
 30 G. 515 
 
 Quann's Case, 
 
 2 V. C. 89 
 
 Truehart v., 
 
 
 2 M. 468 
 
 Quarles v. Buford, 
 
 3 M. 487 
 
 V. Via, 
 
 
 8G. 79 
 
 V. Kerr, 
 
 14 G. 48 
 
 V. Warren, 
 
 1 H 
 
 . & M. 385 
 
 V. Lacy, 
 
 4 M. 251 
 
 Williams «., 
 
 
 5 M. 507 
 
 V. Littlepage, 
 
 2 H. & M. 401 
 
 V. Winston, 
 
 
 4M.63 
 
 V. Quarles, 
 
 2 M. 321 
 
 Young v., 
 
 
 2 M.-534 
 
 Quarrier v. Carter, 
 
 4 H. & M. 242 
 
 Priddy, Hutcheson v. 
 
 1 
 
 12 G. 85 
 
 Deems v.. 
 
 3 K. 475 
 
 Pride, HiU v., 
 
 
 4 C. 107 
 
 Quesenberry v. Barbour, 31 G. 491 
 
 Usher v., 
 
 
 15 G. 190 
 
 Quesnall, (j allege v., 
 
 1 H. & M. 205 
 
 Prince George Jus,, 
 
 iPoindexter v., 
 
 Quesnel v. Woodlief, 
 
 6 C. 218 
 
 
 
 11 G. 190 
 
 V. Woodlief, 
 
 2H. &M. 173 
 
 
 Richardson v., 
 
 Quinling's Case, 
 
 2 V. C. 494 
 
 
 • 
 
 11 G. 190 
 
 Quinn v. Commonwealth, 20 G. 138 
 
 Prior V. Kinney, 
 
 
 6 M. 510 
 
 
 
 Procter, Sorrell v., 
 
 4H 
 
 & M. 431 
 
 Rachel, Butt v., 
 
 4 M. 209 
 
 Proctor's Case, 
 
 
 1 V. C. 4 
 
 RadcliffB.High, 
 
 5 Roll. 271 
 
 Proudfit, Blane «.,, 
 
 
 3 C. 207 
 
 Rader, Hess «., 
 
 26 G. 746 
 
 V. Murray, 
 
 
 1 C. 394 
 
 Radford v. Innes, 
 
 i H.&M.8 
 
 Prnntz v. Mitchell, 
 
 
 30 G. 247 
 
 Ragland w. Broadnax 
 
 29 G. 401 
 
 Pryor's Case, 
 
 
 27 G. 1009 
 
 V. Butler, 
 
 18 G. 323 
 
 V. Adams, 
 
 
 ■1 C. 382 
 
 Carter v., 
 
 21 G. 574 
 
 1'. Duncan, 
 
 
 6 G. 27 
 
 Glazebrook 
 
 «., 8 G. 332 
 
 V. Kuhn, 
 
 
 12 G. 615 
 
 Gwathifieys 
 
 1)., 1 R. 466 
 
 Taliaferro v.. 
 
 
 12 G. 277 
 
 Perrins v., 
 
 5 L. 552 
 
 Pucket, Wright v., 
 
 
 22 G. 870 
 
 V. Wills, 
 
 6L.1 
 
 Puckett, Whitworth 
 
 v., 
 
 2 G. 528 
 
 Ragsdale's Case, 
 
 2H.&M. 8 
 
 Pugh V. Jones, 
 
 
 6 1 . 299 
 
 V. Balte, 
 
 2 W. 201 
 
 V. Russell, 
 
 
 27 G. 789 
 
 V. Hagy, 
 
 9 G. 409 
 
 Senter «., 
 
 
 9 G. 260 
 
 Terry v.. 
 
 33 G. 342 
 
 Pulaski Co. v. Stuart 
 
 
 28 G. 872 
 
 Rainbow, Taylor v.. 
 
 2 H. & M. 423 
 
 Pullen V. Mullen, 
 
 
 12 L. 434 
 
 Raine v. Bank Va., 
 
 4G, 150 
 
 Puller V. Puller, 
 
 
 3R. 83 
 
 Jones v., 
 
 4 R. 386 
 
 PuUiam v. Aler, 
 
 
 15 G. 54 
 
 V. Rice, 
 
 2P,&H. 529 
 
 V. Johnson, 
 
 
 4M. 71 
 
 Raines v. Barker, 
 
 13 G. 128 
 
 V. Winston, 
 
 
 5 L. 324 
 
 Harrison v.., 
 
 5 M. 456 
 
 PureellV Case, 
 
 
 15 G. 679 
 
 V. Philips^ 
 
 1 L. 4®? 
 
 V. Allemong, 
 
 22 G. 739 
 
 Sturdivant v^ 
 
 1 L. 481 
 
 Cheshire v., 
 
 
 11 G. 771 
 
 Ralls, Eubank v.. 
 
 4 L. 308 
 
 V. Maddox, 
 
 
 3M.79 
 
 Ralston, Brown v.. 
 
 4R.504 
 
 Mayo »., 
 
 
 3 M. 243 
 
 Brown v., 
 
 9 L. 532 
 
 M'Cleary «., 
 
 
 10 -.246 
 
 Effinger v., 
 
 21 G. 430 
 
 Nice v., 
 
 1H,&M.372 
 
 M'Cue «., 
 
 9G.430 
 
 r. Purcell, 
 
 4H 
 
 & M. 507 
 
 V. Miller, 
 
 3R.44 
 
 V. Richardson, 4 
 
 H. & M. 
 
 Eambo, Wright «., 
 
 21 G. 158 
 
 
 
 404 
 
 Ramey, Carter v.. 
 
 15 G. 346 
 
 V. Wilson, 
 
 
 4 G. 16 
 
 Eedd D,, 
 
 31 G. 265 
 
TABLE OF CASES. 
 
 665 
 
 Ramsay, Lusk »., 3 M. 417 
 
 Kamsey v. M'Cue, 21 G. 349 
 
 V. Bamsey, 13 G. 664 
 
 WhitloDk v., 2 M. 510 
 
 Rand's Case, 9 G. 788 
 
 D.Reynolds, 2G 171 
 
 Randall's Case, 24 G. 644 
 
 Randolph, Branch v., 3 U. 546 
 
 V. Brown, 2 V. C. 351 
 
 Eppesi!.. 2 0.125 
 
 Gihson v., 2 M. 310 
 
 Hairston v., 12 L. 445 
 
 V. Hill. 7 L. 383 
 
 ■c. Kinney, 3 E. 394 
 
 Lee v., 2H. &M.13 
 
 Ogg v., 4 H. & M. 445 
 
 Overstreet v., Wy. 47 
 
 «'. Randolph, 2 C. 537 
 
 V. Randolph, 1 H. & M. 
 
 181 
 
 a. Randolgh, 3 H. & M. 
 
 399 
 
 f. Randolph, 3 M. 99 
 
 V. Randolph, 3 R. 490 
 
 V. Randolph, 6 R. 194 
 
 v. Randolph, 2 L. 540 
 
 Ross v., 5 C. 296 
 
 Russell v., 26 G. 705 
 
 «. Tucker, 10 L. 655 
 
 Woodson '(>., 1 V. C. 128 
 
 Jus. V. Stalnaker, 13 G. 
 
 523 
 
 Raney v. Heath, 2 P. & H. 206 
 
 Rankin v. Bradford, 1 L. 163 
 
 Donaghe v., 4 M. 261 
 
 Koiner v., 11 G. 420 
 
 V. Rankin, 1 G. 153 
 
 V. Koler, 8 G. 63 
 
 Tapp v., 9 L. 478 
 
 Ransome, Clay v., 1 M. 454 
 
 Hanson, Campbell v., 21 G. 405 
 
 Kansone v. Frayser, 10 L. 592 
 
 Raper v. Sanders, 21 G. 60 
 
 Rasnlck's Case, 2 V. C. 856 
 
 RateUffs Case, 5 G. 657 
 
 V. Polly, 12 G. 528 
 
 Ratcliffe v. Allison, 3 R. 537 
 
 V. Anderson, 31 G 105 
 
 Ravenscroft, Tarr v., 12 G. 642 
 
 EawUngs' Case, 1 L- 5^1 
 
 Rawson, Howard v., 2 L. 733 
 
 Hitchcoxc, 14 G. 526 
 
 Ray's Case, 1 V. C. 262 
 
 v. Clements, 6 L. 600 
 
 Bayfield v. Gaines, 17 G.l 
 
 Raymond, Cartigne v^ 4 L. 5(3 
 
 Raynolds v. Carter, 12 L. 166 
 
 V. Gore, 4 L. 276 
 
 Rea V. Trotter, 26 G. 585 
 
 Read's Case, 22 G. 924 
 
 Read's Case, 
 
 24 G. 618 
 
 Bull v., 
 
 13 G. 78 
 
 Clarkson t'.. 
 
 15 G. 288 
 
 V. Payne, 
 
 3 C. 225 
 
 V. Read, 
 
 5 C. 160 
 
 Robertson v., 
 
 17 G. 544 
 
 Stainback v., 
 
 11 G. 281 
 
 Steptoe v., 
 
 19G. 1 
 
 V. Winston, 4 H. & M. 450 
 
 Rector, Whiteacre v., 29 G. 714 
 
 Redd, Crump »., 6 G. 372 
 
 ». Jones, BOG. 123 
 
 V. Kamey, 31 G. 265 
 
 V. Supervisors Henrv, 31 G. 
 
 695 
 
 Wootton v., 12 G. 196 
 
 Redford v. Gibson, 12 L. 332 
 
 V. Peggy, 6 R. 31b 
 
 V. Winston, 3 R. 148 
 
 Redman, MUstead v., 3 M. 2i9 
 
 Monroe v., 2 M. 240 
 
 Redwood v. Riddick, 4 M. 2i2 
 
 Reed 1J. Cline, 9 G. 136 
 
 V. Hauna, " 3 K. 56 
 
 p. Un. Bank Winchester, 29 G 
 
 719 
 
 1]. Vannorsdale, 2 L. 569 
 
 Reeder, Baring v., 1 H. & M. 154 
 
 Rees t). Conocheag-ue Bank, 5 K. 326 
 
 Reeves v. Dickey, 10 G. 138 
 
 V. Waller, J. 9 
 
 Eegula Generalis, 2V. C. 88 
 
 Eeid V. Blackstone, 14 G. 363 
 
 -«, Burnsides, Wy. 150 
 
 Burnsides iK, 2 W. 43 
 
 Ross v., 8 G. 229 
 
 Strider v., 2 G. 38 
 
 V. Strider, 7 G. 76 
 
 Reigle, Parish v., 11 G. 697 
 
 Reins, Clarke v., 12 G. 98 
 
 Eennolds, Beverly «., Wy. 121 
 
 Reno V. Davis, 4 H. & M. 283 
 
 Repass, Shipe v., 28 G. 716 
 
 Reynolds' Case, 4 L. 663 
 
 Case, 33 G. 834 
 
 ■V. Bank Va^ 6 G. 174 
 
 V. Callaway, 31 G. 436 
 
 Farmers' Bank v., 4 R. 186 
 
 Grifath v., 4 G. 46 
 
 Lemon v., 5 M. 552 
 
 Nowlin v., 25 G. 137 
 
 Penn v., 23 G. 518 
 
 Portsmouth Ins. Co. v., 32 
 
 G. 613 
 
 Rand v., ' 2 G. 171 
 
 V. Stephenson, 11 L. 369 
 
 Thorndike v., 22 G. 21 
 
 V. Waller, a W. 164 
 
 V. Zink, 27 G. 29 
 
 Rhea v. Gibson, 10 G, 215 
 
 84 
 
TABLE OF CASES. 
 
 £beav. Jordan, 
 Bhett V. Mason, 
 Khodes v. Cousins, 
 Flecker v.. 
 Rice V. Annatt, 
 Baird v., 
 Brock v., 
 Brown v., 
 V. Efford, 
 Fones v., 
 V. Jones, 
 Miller v., 
 Munford v., 
 Baine v., 
 V. White, 
 Eichards' Case, 
 Case, 
 Case, 
 Case, 
 Brent v.. 
 
 28 G. 678 
 
 18 6. 541 
 
 6 E. 188 
 
 30 G. 795 
 
 8 G. 557 
 10.18 
 
 27 G. 812 
 
 26 G. 467 
 
 3 H. & M. 225 
 
 9 G. 568 
 4C. 89 
 
 1 E. 438 
 
 6M. 81 
 
 2 P. & H. 529 
 
 4 L. 474 
 
 11 L, 690 
 
 1 V. C. 1 
 1 V. C. 133 
 
 13 G. 803 
 
 2 G. 539 
 
 V. Brockenbrough, 1 E. 449 
 
 Drnmmond v., 2 M. 337 
 
 V. Goodson, 2 V. C. 381 
 
 Graysons v., 10 L. 57 
 
 V. Hoome, 2 W. 36 
 
 Hoome v., 2 C. 507 
 
 Hoome v., 4 C. 441 
 
 V. Mercer, 1 L. 125 
 
 V. Tabb, 4 C. 522 
 
 Taylor v., 3 M. 8 
 
 Eichardson's Case, 3 L. 343 
 
 Austin v., 3 C. 201 
 
 Austin 1)., 1.G.310 
 
 V. Baker, 5 C. 514 
 
 V. Carey, 2 E. 87 
 
 ■u. Davis, 21 G. 706 
 
 V. Duble, 33 6. 730 
 
 B.Pontainei 4 C. 152 
 
 Ceorge v., Gil. 230 
 
 Hopkins?)., 9 G..485 
 
 V. Hunt, 2 M. 148 
 
 V. Ins. Co. Valley, 27 G. 
 
 749 
 
 ». Johnson, 2 C. 527 
 
 V. Jones, 12 G. 53 
 
 Moon v., 24 G. 219 
 
 V. Perkins, 4 M. 512 
 
 V. Pr. Geo. Justices, 11 
 
 G. 190 
 
 Purcell v., 4 H. & M. 
 
 404 
 
 Shermer v., Wy. 159 
 
 Bicheson, Garland v., 4 E. 266 
 
 V. Eicheson, 2 G. 497 
 
 Eichmond Mayoralty Case, 19 G. 673 
 
 V. Daniel, 14 G. 385 
 
 ■Wallace v., 26 G. 67 
 
 ; Eichmond Enq. Co, v. Eobinson, 24 
 
 G.548 
 
 Eichmond & Dan. E. E. Co, v. Ander- 
 son, 31 
 G. 812 
 V. Morris, 
 13 G. 
 200 
 Eichmond 
 v., 21 G. 
 604 
 Talbot «., 
 31 G. 
 685 
 Eichmond &Pet. E. E. Co., Hancock 
 v., 3 G. 
 313 
 
 30 G. 
 
 218 
 V. Ship- 
 pen, 2 
 P.&H. 
 327 
 Eichmond & Y. E. E. E. Co. v. Wicker, 
 4 G. 482 
 Eichmond, F. &P.E. E. Co., Heth v., 
 13 G. 
 375 
 V. Eich- 
 mond, 
 » 26 G. 
 
 83 
 
 V. Snead, 
 
 19 G. 
 
 354 
 
 Eicka' Case, 1 G. 416 
 
 Eiddell, Fisher v., 1 H. & M. 330 
 
 V. Johnson, 26 G. 152 
 
 Eiddick v. Cohoon, 4 E. 547 
 
 Flemings v., 5 G. 272 
 
 Hicks v., 28 G. 418 
 
 Eedwood v., 4 M. 222 
 
 Eiddle, Willock v., 5 C. 358 
 
 Eider v. Commonwealth, 16 G. 499 
 
 V. Union Factory, 7 L. 154 
 
 Eidgely, Graudstaff v., 30 G. 1 
 
 Eightraire, Taylor v., 8 L. 468 
 
 Einson, Stveit v., 33 G. 663 
 
 Eison V. Berry, 4 E. 275 
 
 Foster v., 17 G. 321 
 
 Eitchie v. Lyne, 1 C. 489 
 
 V. Moore, 5 M. 388 
 
 Eivanna Nav. Co.i). Dawsons, 3 G.19 
 
 Eives V. Parish, 24 G. 125 
 
 Garland v., 4 E. 282 
 
 Eiviera, Mitchell v., 17 G. 445 
 
 Eixey v. Bayes, 4 L. 330 
 
 V. Fauquier Jus., 3 L. 811 
 
 Hill v., 26 G. 72 
 
 Utterbach v., 18 G. 313 
 
 V. Ward, 3 E. 52 
 
TABLE OF CASES. 
 
 667 
 
 Roach's Case, 
 
 1 G. 561 
 
 V. Dickinsons, 
 
 9 G. 154 
 
 V. Gardner, 
 
 9G. 89 
 
 Governor v., 
 
 9G. 13 
 
 Eoadcap v. Sipe, 
 
 6 G. 213 
 
 Eoan, Bentley v.. 
 
 4 0.153 
 
 Douglass v., 
 
 4C. 353 
 
 Roane v. Archer, 
 
 4 L. 550 
 
 Aylett v., 
 
 1 G. 282 
 
 Brooke v., 
 
 1 C. 205 
 
 V. Drummond, 
 
 6 R. 182 
 
 Hearne v., 
 
 Wy. 90 
 
 V. Hern, 
 
 1 W. 47 
 
 V. Innis, 
 
 Wy. 243 
 
 Innis V , 
 
 4 C. 379 
 
 V. Vidal, 
 
 4 M. 187 
 
 Kobb, Taliaferro v., 
 
 2 C. 258 
 
 Roberts' Case, 
 
 10 L. 686 
 
 Cabell v., 
 
 6 R. 580 
 
 V. Cocke, 
 
 28 G. 207 
 
 V. Cocke, 
 
 1R.162 
 
 ■B. Colvin, 
 
 3 G. 342 
 
 Jones v., 
 
 6 C. 187 
 
 Jones v., 3 H. & M. 436 
 
 V. Jordans, 3 M. 488 
 
 V. Kelly, 2 P. & H. 396 
 
 V. King, 10 G. 184 
 
 Kyles v., 6 C. 495 
 
 M'Loud v., 4 H. & M. 443 
 
 V. Roberts, 13 G. 639 
 
 Shore v., 4 H. & M. 443 
 
 V. Stanton, 2 M. 129 
 
 Robertson v Archer, 5 K. 319 
 
 Boiling b., 6 M. 220 
 
 V. Braddick, 1 H. & M. 21 
 
 V. Campbell, 2 C. 421 
 
 Chappell v., 2 Rob. 590 
 
 V. Depriest, 6 M. 469 
 
 V. Ewell, 3 M. 1 
 
 V. Hogsheads, 3 L. 667 
 
 Irvine v., 3 R. 549 
 
 Jones v., 2 M. 187 
 
 V. Read, 17 G. 544 
 
 V. Robertson, 3 R. 68 
 
 Sharpe s., 5 G. 518 
 
 Tosh v., 27 G. 270 
 
 V. Trigg, 32 G. 76 
 
 WalthaU v., 2 L. 189 
 
 Watson v., 4 L. 236 
 
 Watts v., 4 H. & M. 442 
 
 V. Williams, 5 M. 381 
 
 V. Wright, 17 G. 534 
 
 Robin, Binford v., 1 G. 327 
 
 V. Hardaway, J- 109 
 
 «. King, 2L.140 
 
 Eobinett, Carter «., 33 G. 429 
 
 V. Preston, 2 Rob. 273 
 
 V. Preston, 4 G. 141 
 
 Robins, Ayres v., 30 G. 105 
 
 Dunton v., 2 M. 341 
 
 Robinson' Case, 32 G. 866 
 
 «. Allen, 11 G. 785 
 
 Atkinson v., 9 L. 393 
 
 Avery v., 4 M. 546 
 
 Aylett v., 9 L. 45 
 
 Bailey D., 1G.4 
 
 Bank Va. v., 5 G. 174 
 
 Beasley v., 24 G. 325 
 
 V. Brock, 1 H. & M. 213 
 
 V. Burks, 12 L. 378 
 
 Daniel v., 1 W. 154 
 
 Daniel v., 4 C. 570 
 
 V. Day, 5 G. 55 
 
 ■V. Gaines, 3 C. 243 
 
 V. Gardiner, 18 G. 509 
 
 Jas. R. & Kan. Co. v., 16 
 
 G. 434 
 
 Langhorne v., 20 G. 661 
 
 ♦ Leavell v., 2 L. 161 
 
 V. Mill, 19 G. 438 
 
 Rich. Enq. Co. v., 24 G. 
 
 548 
 
 ». Rogers, 24 6. 319 
 
 V. Shacklett, 29 G. 99 
 
 V. Sherman, 2 G. 178 
 
 Talley v., 22 G. 888 
 
 Tavenner v., 2 Rob. 280 
 
 Rochelle v. Rochelle, 10 L. 125 
 
 Rockbold V. Barnes, 3 E. 473 
 
 V. Dyar, 3 E. 473 
 
 Rodes V. Rodea, 24 G. 256 
 
 Eudisill v., 29 G. 147 
 
 Eoe V. Baker, 4 L. 416 
 
 V. Crutchfield, 1 H. c& M. 361 
 
 Tichanal v., 2 Eob. 288 
 
 Rogers, Aglionby?;., |24 G. 172 
 
 Alley v., 19 G. 366 
 
 i;. Chandler, 3 M. 65 
 
 V. Denham, 2 G. 200 
 
 Lipscombe v., 20 G. 658 
 
 V. M'Luer, 4 G. 81 
 
 V. Marshall, 4 L. 435 
 
 Maury o., 24 G. 169 
 
 Meredith v., 24 G; 173 
 
 Paulsen v., 32 G. 654 
 
 Pollard v., 4 C. 239 
 
 Eobinson v., 24 G. 319 
 
 e. Spalden, J. 58 
 
 Stanard v., 4 H. & M . 438 
 
 V. Strother, 27 G- 417 
 
 Terrell »., 24 G. 172 
 
 Wise v., 24 G. 169 
 
 Yates v., 24 G. 172 
 
 Rohr V. Davis, 9 L. 30 
 
 Eoler, Eankin v., 8 G. 63 
 
 Eollo V. Andes Ins. Co., 23 G. 509 
 
 EoUs' Case, 2 V. 0. 68 
 
 Romine, Cox v., 9 G. 21 
 
 Triplett v., 33 G. 651 
 
 Ronald's Case, 4 C. 97 
 
668 
 
 TABLE OF CASES. 
 
 E n a 1 d t). Bentley, 4 H. & M. 461 
 
 Johnson v., 4 M. 77 
 
 Koneys v. Roneys, 7 L. 13 
 
 Rootes, Dangerfleld v., 1 M. 529 
 
 Fox v., 4 L. 429 
 
 V. HoUiday, 4 M. 323 
 
 i>. HoUiday, 6M.251 
 
 V. Stone, 2 L. 650 
 
 V. Tompkins, 3 Q. 94 
 
 V. Webb, 4 M. 77 
 
 v. Wellford, 4 M. 215 
 
 Wilcox v., 1 W. 140 
 
 Boper V. Wren, 6 L. 38 
 
 Roppi). Minor, 33 0.97 
 
 Eose V. Burgess, 10 L. 186 
 
 Jackson v., 2 V. C. 34 
 
 V. King, 4 H. & M. 475 
 
 Montgomery i>.j 1 P. & H, 5 
 
 V. Murohie, 2vC. 409 
 
 ». Nicholas, Wy. 268 
 
 Nixon «., 12 G. 425 
 
 Norton v., 2 W. 233 
 
 «. Sharpless, 33 G. 153 
 
 V. Shore, 1 C. 540 
 
 Eosenbaums v. Welden, 18 G. 785 
 
 Eosenberger v. Keller, 33 G. 489 
 
 Eoss V. Austin, 4H. & M. 502 
 
 Brown v., 6 M. 391 
 
 Browne v., 4 C. 221 
 
 V. Carter, 4 H. & M. 488 
 
 , Chapman v., 12 L. 565 
 
 ». Colville, 3 C. 382 
 
 V. Darby, 4 M. 428 
 
 Devers v., 10 6. 252 
 
 Duvals v., 2 M. 290 
 
 V. Gill. 1 W. 87 
 
 V. Gill, 4 C. 250 
 
 ■V. Gordon, 2 M. 289 
 
 V. Haden, 7 G. 86 
 
 Hook v., 1 H. & M. 310 
 
 D. Hook, 4 M. 97 
 
 Hudson v., 1 W. 74 
 
 V. Keewood, 2 M. 141 
 
 Love v., 4 0. 590 
 
 V. M'Laughlan, 7 G. 86 
 
 V. Milne, 12 L. 204 
 
 Morris v., 2 H. & M. 408 
 
 V. Norvell, 3 M. 170 
 
 ■». Overton, 3 0. 309 
 
 V. Pleasants, Wy. 10 
 
 V. Pleasants, 1 H. & M. 1 
 
 Pleasants v., 1 W. 156 
 
 11. Poythiess, 1 W. 120 
 
 V. Pynes, . Wy, 69 
 
 V. Pynes, 3 0. 568 
 
 V. Kandolph, 5 C. 296 
 
 V. Eeid, 8 G. 229 
 
 V. Woodville, 4 M. 324 
 
 Eosaer, Beime v., 26 G. 537 
 
 V. Depriest, 5 G. 6 
 
 Eosser, v. Franklin, 
 
 6G.1 
 
 Eossett V. Fisher, 
 
 11 G. 492 
 
 Eosson, EroaduB v.. 
 
 3L. 12 
 
 Winston «., 
 
 3L. 12 
 
 Eotchford, Suckley v., 
 
 13 G. 60 
 
 Eoudaboush, Donaghe »., 4 M. 251 
 
 V. Mi ler 
 
 32 G. 454 
 
 Eonssell's Case, 
 
 28 6. 930 
 
 Eouth V. Nash, 
 
 27 G. 842 
 
 Eow, Collins v., 
 
 10 L. 114 
 
 Eowarij Healy v., 
 
 5 G. 414 
 
 Eowans v. Givens, 
 
 10 G. 250 
 
 Bowe v.. Bentley, 
 
 29 G. 756 
 
 Davis v., 
 
 6E. 355 
 
 V. Smith, 
 
 1 C. 487 
 
 Bowlett V. Daniel, 
 
 4 M. 473 
 
 V. Eowlett, 
 
 5L. 20 
 
 Eowt V. Kile, 
 
 1 L. 216 
 
 v. Kile, 
 
 Gil. 202 
 
 Eowton V. Eowtou, 
 
 1 H. & M. 92 
 
 Eowzie, Koy v., 
 
 25 G. 599 
 
 Eoy ». Garnett, 
 
 2W. 9 
 
 ■t,. Roy, 
 
 16 G. 418 
 
 V. Eowzie, 
 
 25 G. 599 
 
 Sale v., 
 
 2 H. & M. 69 
 
 EoyaU v. Eppes, 
 
 2 M. 479 
 
 Freelauds v., 
 
 2 H. & M. 575 
 
 V. Johnson, 
 
 1 E. 421 
 
 V. Royall, 
 
 5M.82 
 
 V. Thomas, 
 
 28 G. 130 
 
 Royster, Hooi)er v., 
 
 1 M. 119 
 
 V. Leake, 
 
 2M.28a 
 
 Ruble V. Turner, 
 
 2 H. & M. as 
 
 Rucker, Dearing v., 
 
 18 G. 426 
 
 V. Gilbert, 
 
 3L. 8 
 
 V. Harrison, 
 
 6 M. 181 
 
 Higgenbotham v., 2 C. 313 
 
 V. Lowther, 
 
 6 L. 259 
 
 Meem v., 
 
 10 G. 506 
 
 Parks v., 
 
 5 L. 149 
 
 Wilson »., 
 
 Wy. 296 
 
 Wilson v.. 
 
 1 C. 500 
 
 Euckman, Freeman's 
 
 Bank v., 16 G. 
 
 
 126 
 
 V. Lightner 
 
 24 G. 169 
 
 Buddies. Ben, 
 
 10 L. 467 
 
 Eudisill V. Eodes, 
 
 29 G. 147 
 
 Buff I). Starke, 
 
 3 G. 129 
 
 Buffin's Case, 
 
 21 G. 790 
 
 V. Call, 
 
 2 W. 181 
 
 Call v., 
 
 1 C. 333 
 
 V. Pendleton, 
 
 2 W. 184 
 
 Ruffners v. Barrett, 
 
 6 M. 307 
 
 Buster v., 
 
 5 M. 27 
 
 V. Lewis, 
 
 7 L. 720 
 
 Patrick v., 
 
 2 Eob. 209 
 
 «. Putney, 
 
 12 G. 541 
 
 Euleman, Siron i>., 
 
 32 G. 215 
 
 Eussell, Catlett v., 
 
 6 L. 344 
 
 V. Clayton, 
 
 3 0.41 
 
TABLE OF CASES. 
 
 669 
 
 Russell, Cofifman v., 
 
 4 M. 207 
 
 V. Keeran, 
 
 8L. 9 
 
 Pugh v., 
 
 27 G. 789 
 
 V. Randolph, 
 
 26 G. 705 
 
 Rust, Downman v.. 
 
 6 E. 587 
 
 Hutchison v., 
 
 2G. 394 
 
 Slagle v., 
 
 4 G. 274 
 
 V. Ware, 
 
 6G.50 
 
 Whiting v., 
 
 1 a. 483 
 
 Ruth V. Owens, 
 
 2 R. 507 
 
 Sallust v., 
 
 4R.67 
 
 Rutherford's Case, 
 
 5 R. 646 
 
 Case, 
 
 2 V. C. 141 
 
 Ryan's Case, 
 
 2 V. C. 467 
 
 V. M'Leod, 
 
 32 G. 367 
 
 Saddler, Archer v., 2 H. & M. 370 
 
 V. Green, 1 H. & M. 26 
 
 Wyatt v., 1 M. 537 
 
 Sage V. Dickinson, 33 G. 361 
 
 V. Hammonds, 27 G. 651 
 
 Sale V. Dishman, 3 L. 548 
 
 Jacobs v., Gil. 123 
 
 Noel v., 1 C. 493 
 
 V. Roy, 3 H. & M. 69 
 
 Salem Turnpike Co., Hill v., 1 Kob. 
 
 263 
 
 SaUee, Yatfes !'., Wy. 163 
 
 V. Yates, 1 W. 226 
 
 Sailing V. M'Kinney, 1 L. 42 
 
 Sallust V. Ruth, 4 R. 466 
 
 Salmon, Meredith v., 21 G. 762 
 
 Salyards, Bryan v., 3 G. 179 
 
 Sam, Barnett v., GU. 232 
 
 V. Blakemore, 4 R. 466 
 
 Gametti;., 5 M. 542 
 
 Samanni's Case, 16 G. 543 
 
 Sampson v. Bryce, 5 M. 175 
 
 V. Goochland Jus.y 5 G. 241 
 
 Harrison v., 2 W. 155 
 
 V. Payne, 5 M. 176 
 
 Wood v., 25 G. 845 
 
 Samuel v. Marshall, 3 L. 567 
 
 Sanders' Case, 5 L." 751 
 
 V. Branson, 22 G. 364 
 
 Jacksons v., 2 L. 109 
 
 Raper v., 21 G. 60 
 
 Sandige, Eubank v., 4 L. 308 
 
 t). Graves, IP.&H.lOl 
 
 Sands' Case, 20 G. 800 
 
 Case; 21 G. 871 
 
 V. Lynhaven, 27 G. 291 
 
 V. Richmond, 31 G. 571 
 
 Sanger, Va. C. R. R. Co. v., 15 G. 230 
 
 Sangster v. Commonwealth, 17 G. 
 
 1^4 
 
 Sangston, Coffman v., 21 G. 263 
 
 V. Gordon, 22 G. 755 
 
 Sansum. Blane v., 2 C. 495 
 
 Santee ex parte, Z \.^. m^ 
 
 Sarah v. Henry, ■ 2 H. & M. 19 
 
 Sauer, Magill v., 20 G. 540 
 
 Saunders, Chaney v., 3 M. 51 
 
 Coopers v., 2 H. & M. 413 
 
 V. Commonwealth, 3 G. 
 
 204 
 
 ■V. Commonwealth, 10 G. 
 
 494 
 
 Ewart v., 25 6. 203 
 
 Fleming v., 4 C. 563 
 
 Fowler v., Wy. 322 
 
 B.Gaines, 3M.225 
 
 V. MarshaU, 4 H. & M. 455 
 
 O'Bannon v., 24 G. 138 
 
 V. Pate, ■ 4 R. 8 
 
 Perkins®., 2 H. & M. 420 
 
 Tazewell v., 13 G. 354 
 
 Tnrpin v., 32 G. 27 
 
 Warren v., 27 G. 259 
 
 V. White, 20 G. 327 
 
 V. Wood, 1 M. 406 
 
 Savage v. Mears, 2 Rob 570 
 
 Sawney v. Carter, 6 R. 173 
 
 Sawyer v. Corse, 17 G. 230 
 
 Sayers' Case, 8 L. 722 
 
 V. Cassell, 23 G. 525 
 
 Va. & Ten. R. R. Co. v., 26 
 
 G.328 
 
 11. Wall, 26 G. 354 
 
 Sayre v. Grymes, 1 H. & M. 404 
 
 V. N.W. Turnpike. 10 L. 454 
 
 Scarburgh, Wallops v., 5 G. 1 
 
 Scat^ V. Wilson, 9 L. 473 
 
 Scheffer, Booten v., 21 G. 474 
 
 Schley. Tiemans v., 2 L. 25 
 
 Schofield V. Cox, 8 G. 533 
 
 Scholfield, Drane v., 6 L. 386 
 
 Schoolfield, Dinguid v., 32 G. 803 
 
 Schultz V. Schultz, 10 G. 358 
 
 Schwartz's Case, 27 G. 1025 
 
 V. Thomas, 2 W. 167 
 
 Scott's Case, 4 R. 143 
 
 Case, 1 Rob. 695 
 
 Case, 5 G. 697 
 
 Case, 10 G. 749 
 
 Case, 14 G. 687 
 
 V. Adams, 3 H. & M. 501 
 
 Bass«., 2L. 356 
 
 V. Beutel, 23 G. 1 
 
 Bernard «., 3R.522 
 
 Beverley v., 4 G. 187 
 
 Bronaugh v., 5 C. 78 
 
 Brooks v., 2 M. 344 
 
 Burton v., 3 R. 399 
 
 «. Call, 1 W. 115 
 
 Call v., 4 C. 402 
 
 Cole v., 2 W. 141 
 
 Cole v., Wy. 272 
 
 Douglass v., 8 L. 43 
 
 V. Dunlop, 2 M. 349 
 
(570 
 
 TABLE OF CASES. 
 
 Scott «. Gibbou, 5 M. 86 
 
 Gleeson v., 3 H. & M. 278 
 
 V. Graves, 4 C, 372 
 
 V. Hall, 2 M. 2i9 
 
 V. Halliday, 5 M. 103 
 
 ■V. Hardaway, 4 M. 263 
 
 11. Homsby, 1 C. 41 
 
 Johns v., 23 G. 704 
 
 Kelly v., 5 G. 479 
 
 V. LoraiDC, 6 M. 117 
 
 M'Eae v., 4 E. 463 
 
 Nowlin v., 10 G. 64 
 
 V. Osborne, 2 M. 413 
 
 V. Scott, 18 G. 150 
 
 I). Shelor, 28 G. 891 
 
 «. Tankersley, 10 L. 581 
 
 V. Trentfl, 1 W. 77 
 
 V. Trents, 4 H. & M. 356 
 
 Turner v., 5 E. 332 
 
 V. "Wharton, 2 H. & M. 25 
 
 Wynn v., 7 L. 63 
 
 Yonng v., 4 R. 415 
 
 Scriba, Deanes v., 2 C. 4i5 
 
 Soutt's Case, 2 V. 0. 54 
 
 Seaburn v. Seaburn,. 15 G. 4'i3 
 
 Seaman, Dance v., 11 G. 778 
 
 Seamonds v. M'Ginniss, .S G. 305 
 
 Scars, Billups i;., 5 G. 31 
 
 Seaton, Taucil v., 28 G. 601 
 
 Sebrell, Bullock v., 6 L. 560 
 
 Craig v., 9 G. 131 
 
 See i>. Craigen, 8 L. 449 
 
 Goodtitle v., 1 V. C.123 
 
 V. Greenlee, 6 .M. 303 
 
 Seekright, Baker v., 1 H. & M. 177 
 
 V. Carrington, 1 W. 45 
 
 Dogan v., 4 H. & M. 125 
 
 Noland'i)., 6 M. 185 
 
 Seely, Phelps v., ' 22 G. 573 
 
 Seevers, Kroesen v., 5 L. 434 
 
 Segarti. Edwards, 11 L. 213 
 
 ■B. Parrish, 20 G. 672 
 
 Smith v., 3 H. & M. 394 
 
 Segouine v. Auditor, 4 M. 398 
 
 Sehon, Coplin v., 1 L. 280 
 
 Seig V. Acord, 21 G. 365 
 
 Seiglried, Cren.shaw v., 24 G. 272 
 
 Seiveley, Beallu., 8 L. 658 
 
 Selby V. Morgan, 3 L. 577 
 
 V. Morgan, 6 M. J 56 
 
 Selden's Case, 5 M. 160 
 
 Backhouse v., 29 G. 581 
 
 V. Coalter, 2 V. C. 553 
 
 Hamtramck v., )2 G. 28 
 
 V. James, 6 E. 465 
 
 1). Keen, 27 G. 576 
 
 V. King, 2 C. 72 
 
 V. Overseers Poor, 11 L. 127 
 
 Seldon, Lymbrick «, 3 M. 202 
 
 Self 1). Tune, 6 M. 470 
 
 Self,Turberville v., 
 
 4 C. 580 
 
 Turberville v., 
 
 2W. 71 
 
 Sellars, Manzy v., 
 
 26 G. 641 
 
 Semmes' Case, 
 
 11 L. 665 
 
 Senter v. Pugh, 
 
 9 G. 260 
 
 Serpen, Wild v., 
 
 10 G. 405 
 
 Sexton V. Crockett, 
 
 23 G. 857 
 
 Crockett v., 
 
 29 G. 46 
 
 V. Holmes, 
 
 3 M. 566 
 
 Moore v., , 
 
 30 G. 505 
 
 V. Pickering, 
 
 3 E. 468 
 
 1). Sexton, 
 
 9 G. 204 
 
 V. Windell, 
 
 23 G. 534 
 
 Shackelford v. Newbill, 2 P. & H. 232 
 
 V. Shackelford, 32 G. 481 
 
 Shackleford v. Apperson, 6 G. 451 
 
 Wilson v., 4 E. 5 
 
 Shacklett, Brooks v., 13 G. 301 
 
 Jennings v., 30 G. 765 
 
 Eobinson v., 29 G. 99 
 
 SchadraCk v. Woolfolk, 3J G. 707 
 
 Shafer, Coffman v., 29 G. 173 
 
 Linkous v., 28 G. 775 
 
 Shand v. Grove, 26 G. 653 
 
 Shanks, Brugh »., 5 L. 598 
 
 V. Edmondson, 28 i'. 804 
 
 V. Fenwick, . 2 M. 478 
 
 u. Lancaster, 5 G. 110 
 
 Shannon v. M'MuUin/ 25 G. 211 
 
 Sharp V. Kerns, 2 G. 348 
 
 Miller v., 3 E. 41 
 
 Owen v., 12 L. 427 
 
 «. Sharp, 2 L. 249 
 
 Sharpe v. Robertson, 5 G. 518 
 
 Sharpless, Eose v., 33 G. 153 
 
 Sharrot, Lock ridge v., 2 L. 376 
 
 Shaver v. White, 5 M. 110 
 
 Shaw V. Clements, 1 C. 429 
 
 Fulton v., 4 E. 597 
 
 Shearman v. Christian, 6 E. 49 
 
 V. Christian, 9 L. 671 
 
 V. Christian. 1 B. 393 
 
 V. Hicks, 14 G 96 
 
 Shedden, Cnstis v., 6 C. 241 
 
 Sheets, W. R. M. Fire Ins. Co. ■»., 26 
 
 G. 854 
 
 Sheffey, Findlay v., 1 E. 73 
 
 King v., 8 L. 614 
 
 Sheilds, Calwells v., 2 Eob. 305 
 
 Sheldon v. Armstead, 7 G. 264 
 
 Shelly's Case, 19 G. 653 
 
 Brooke u., 4 H. & M. 266 
 
 Shelor, Cave v., 2 M. 193 
 
 Scott v^ 28 G. 891 
 
 Shelton's Case, 2 V. C. 384 
 
 Case, 8 G. 592 
 
 ■I). Barbonr, 2 W. 64 
 
 V. Cocke, 3 M. 191 
 
 V. Ficklin, 32 G. 727 
 
 V. Jones, 26 G. 891 
 
TABLE OF CASES. 
 
 671 
 
 Shelton v. Pollock. 1 H. & M. 423 
 V. Shelton, 1 W. 53 
 
 B. Ward, 1 0. 538 
 
 «. Welsli, 7 L. 175 
 
 Wilson v., 9 L. 342 
 
 Shenandoah Nat. Bk., Perry u., 27 G. 
 
 755 
 
 Shepherd tv Anderson, 2 P. & H. 203 
 
 Chapman v., 24 G-. 377 
 
 V. Frys, 3 G. 422 
 
 V. Henderson, 3 G. 350 
 
 ti. Lame, 6 M, 529 
 
 Olinger v., 12 G. 462 
 
 Wood v., 2 P. & H. 442 
 
 Sheppard, Bohn »., 4 M. 403 
 
 CoUhv v., 31 G. 312 
 
 V. Storke, 3 M. 29 
 
 Sheppards v. Turpin, 3 G. 373 
 
 Shepperson, Peshine v., 17 G. 472 
 
 V. Shepperson, 2 G. 501 
 
 Sherman's Case, 14 G. 677 
 
 V. & O. E. R. Co. »., 30 G. 
 
 602 
 
 Robinson r., 2 G. 176 
 
 Shermer v. Beale, 1 W. 1 1 
 
 V. Richardson, Wy. 159 
 
 V. Shermer, 1 W. 266 
 
 Sherrard's Case, 4 L. 643 
 
 t). Carlisle, 1 P. & H. 12 
 
 Shields' Case, 4 R. 541 
 
 V. Anderson, 3 L. 729 
 
 Brown v., 6 L. 440 
 
 Campbell r., 6 L. 517 
 
 Kraker v., 20 G. 377 
 
 11. Oney, 5 M. 550 
 
 Shifflet's Case, 14 G. 652 
 
 Shiflett V. Long, 23 G. 718 
 
 V. Or. Humane Soc., 7 G. 297 
 
 Shinn's Case, 32 G. 899 
 
 Shipe ('. Repass, 28 G. 716 
 
 Shippard, Hughes c, 1 L. 443 
 
 Shippen, Farley v., Wy. 254 
 
 HaxaU v., 10 L. 536 
 
 E. & P. E. E. Co. v., 2 P. & 
 
 H. 327 
 
 Shirley v. Long, 6 K. 735 
 
 ». Long, 6 R. 764 
 
 V. Muf. Aa Soc, 2 Eob. 705 
 
 Shobe V. Bell, 1 E. 39 
 
 V. Cair, 3 M. 10 
 
 Hyer v., 2 M. 200 
 
 Shoemaker, Hendricks v., 3 G. 188 
 
 Shore, Bannister v., 1 W. 173 
 
 V. Roberts, 4 H. & M. 443 
 
 Kose«., 1C.540 
 
 Shores p. Wares, 1 Eob. 1 
 
 Shover, Crawford v., 29 G. 69 
 
 Shreeve, Hough v., 4 M. 490 
 
 Shrewsbury, Hamilton v., 4 E. 427 
 
 Shue V. Turk, 15 G- 256 
 
 Shugart, Humes v., 10 L. 332 
 
 V. Thompson, 10 L. 434 
 
 Shultz V. Hansbrough, 33 G. 567 
 
 Shuraaker v. Nichols, 6 G. 592 
 
 Shumate's Case, 15 6. 653 
 
 V. Dunbar, 6 M. 430 
 
 Shumates, Hobbs v.. 11 G. 516 
 
 Shurtz V. Johnson, 28 G. 657 
 
 Sights V. Yarnalls, 12 G. 292 
 
 SiUiman v. Fred., O. & C. R. E. Co., 
 
 27 G. 119 
 
 Sillings V. Bumgardner, 9 O. 273 
 
 Silver, Beall v., 2 E. 401 
 
 Simmerman v. Songer, 29 G. 9 
 
 Simmons, Bean v., 9 G. 389 
 
 V. Lyle, 32 G. 752 
 
 V. Lyles, 27 G. 922 
 
 Persinger v., 25 G. 238 
 
 V. Simmons, 33 G. 451 
 
 Simms, Cooke v., 2 C. 39 
 
 Cooke v., 2 C. 374 
 
 Simpson, Dodson v., 2 R. 294 
 
 V. Grigsby, 28 G. 348 
 
 SinJs' Case, 2V. C. 374 
 
 «i. Alderson, 8 L. 479 
 
 Carpenter v., 3 L. 675 
 
 Harrisons, 6 E. 506 
 
 V. Harrison, 4 L. 346 
 
 V. Lewis, 5 M. 29 
 
 Singleton v. Lewis, 6 M. 397 
 
 Stevenson v., 1 L. 72 
 
 WestfaU v., 1 W. 227 
 
 Sipe V. Earman, 26 G. 563 
 
 Roadcap v., 6 G. 213 
 
 Siron v. Euleman, 32 G. 215 
 
 Siter V. M'Clanachan, 2 G. 280 
 
 Sites V. AVieland, 5 L. 80 
 
 Sitlingtou V. Kimiey, 29 G. 91 
 
 Sitlingtons v. Brown, 7 L. 271 
 
 Sively v. Campbell, 23 6. 893 
 
 Sizer, Dickinson «., 4 E. 113 
 
 Skeen v. Lynch, 1 Eob. )86 
 
 Skinker, Weaver v., 4 G. 160 
 
 Williams v., 25 G. 507 
 
 Skinner v. Dodge, 4 H. & M. 432 
 
 Skipwith V. Baird, 2 W. 165 
 
 V. Cabell, 19 G. 758 
 
 ». Clinch, 2 C. 2-53 
 
 V. Clinch, 2 C. 536 
 
 V. Clinch, 3 C. 86 
 
 c. Cunningham, 8 L. 271 
 
 V. Gibson, 4 H. & M. 490 
 
 Green v., 1 E. 460 
 
 Harvey v., 16 G. 393 
 
 Harvey v., 16 G. 410 
 
 c. Morton, 2 C. 277 
 
 V. Mut. As. Soc., 10 L. 502 
 
 V. Strother, 3 R. 214 
 
 V. Young, 5 M. 276 
 
 Young v., 2 W. 300 
 
672 
 
 TABLE OF CASES. 
 
 Slack V. Wood, 9 G. 40 
 
 Slagle V. Rust, 4 G. 274 
 
 Slate Eiv. Co., Crenshaw v., 6 E. 245 
 
 Slater, Johnston v., 
 Slaughter's Case, 
 Case, 
 Case, 
 Barton v., 
 V. Green, 
 Lynchburg v., 
 Tutt v., 
 V. Tutt, 
 Slaughters v. Parland, 
 Sledd's Case, 
 
 Turpln v., 
 Sleigh V. Strider, 
 Sleighs V. Strider, 
 Slusher, Wall v., 
 Small 11. Lumpkin, 
 Smallwood v. Mercer, 
 Smart's Case, 
 Smiley, Paul v., 
 Smith's Case, 
 
 Case, 
 
 Case, 
 
 Case, 
 
 Case, 
 
 Case, 
 
 Case, 
 
 Case, 
 
 Case, 
 
 Case, 
 
 Allen v., 
 
 V. Ambler, 
 
 Ashby v., 
 
 Ashby v., 
 
 Barnett v., 
 
 Beatty v., 
 
 Beatty v., 
 
 Berkley v., 
 
 V. Betty, 
 
 V. Blackwell, 
 
 Boykin v.. 
 
 Breathed v., 
 
 V. Britton, 
 
 V. Browne, 
 
 Bucknerj)., 
 
 V. Butcher, 
 
 Campbell v.. 
 
 V. Carter, 
 
 «. Chapman, 
 
 V. Chapman, 
 
 V. Charlton, 
 
 Childers v., 
 
 V. Commonwealth, 
 
 V. Cooper, 
 
 Cordell v., 
 
 Council Alexandria v., 33 G. 
 208 
 
 Crenshaw v., 5 M. 415 
 
 11 G. 321 
 11 L. 681 
 2 G. 391 
 
 13 G. 767 
 
 26 G. 914 
 IE. 3 
 
 20 G. 601 
 5 G. 364 
 
 12 L. 147 
 31 G. 134 
 19 G. 813 
 23 G. 238 
 
 5 C. 439 
 3 H. & M. 229 
 
 22 G. 424 
 28 G. 882 
 
 1 W. 290 
 
 27 G. 950 
 4 M. 468 
 
 2 V. C. 3i7 
 
 2 V. C. 6 
 10 L. 695 
 
 2 Eob. 229 
 1 G. 553 
 
 10 G. 734 
 
 4 G. 532 
 
 6 G. 696 
 
 7 G. 593 
 
 21 G. 809 
 1 L. 231 
 1 M. 596 
 9 L. 164 
 
 1 Eob. 55 
 
 5 C. 98 
 
 2 H. & M. 395 
 
 5 M. 39 
 
 27 G. 892 
 
 11 G. 752 
 
 31 G. 291 
 
 3 M. 102 
 
 1 P. & H. 301 
 
 2 P. & H. 124 
 
 9 L. 293 
 1 W. 296 
 
 28 G. 144 
 
 32 G. 288 
 3 B. 167 
 
 , & M. 240 
 
 10 G. 445 
 
 7 G. 425 
 
 Gil. 196 
 
 25 G. 780 
 
 6 M. 401 
 
 6 E. 612 
 
 IH. 
 
 Smith, Cunningham 
 Dabney v., 
 Damall v., 
 Dickinson v., 
 0. Dyer, 
 V. EUiott, 
 Eppes v., 
 Evans v., 
 Findley v., 
 Fisher v., 
 V. Flint, 
 V. Governor, 
 V. Gregory, 
 V. Griffin, 
 V. Grosjean, 
 Hall 4)., 
 Hall v., 
 V. HarmaiisoD; 
 Harper v, 
 Hope v., 
 V. Hunt, 
 «. Jenny, 
 11. Jones, 
 r. Jones, 
 King v., 
 Lamb v., 
 0. Lamberts, 
 Liggou v., 
 V. Loyd, 
 V. Lloyd, 
 Lunsford v., 
 M'New »., 
 M'Williams v. 
 V. Marks, 
 Merrit v., 
 Muire v., 
 V. Nicholas, 
 V. Pearce, 
 V. Pea,rce, 
 V. Penn, 
 Porterfield v., 
 Eowe v., 
 V. Segar, 
 V. Smith, 
 V. Smith, 
 V. Smith, 
 V. Smith, 
 Sneed v., 
 Spencer (i., 
 V. Spiller, 
 Stowers v., 
 Tazewell v., 
 Tayloe v., 
 '!>. Thompson, 
 Thornton v., 
 V. Thurman, 
 V. Townes, 
 V. Triplett, 
 Turner v., 
 ,:. Waddill, 
 
 v., 
 
 10 G. 255 
 5L. 13 
 26 G. 878 
 5 G. 135 
 
 1 C. 562- 
 1 P. & H. 307 
 
 4 M. 466 
 ' 1 W. 72 
 
 6 M. 134 
 
 5 L. 611 
 6G. 40 
 
 2 Eob. 229 
 
 26 G. 248 
 
 J. 132 
 
 1 P. & H. 109 
 
 3 M. 550 
 25G. 70 
 
 1 W. 6 
 
 6 M. 389 
 
 10 G. 221 
 2 Eob. 206 
 
 4 H. & M. 440 
 6R. 33 
 
 7 L. 165 
 
 2 L. 157 
 6 E. 552 
 7G.138 
 
 4 H. & M. 405 
 
 11 L. 512 
 
 16 G. 295 
 
 12 G. 554 
 5 G. 84 
 IC. 123 
 2 E. 449 
 6 L. 486 
 
 2 Eob. 458 
 
 8 L, 330 
 
 6 M. 485 
 GU. 34 
 
 22 G. 402 
 
 2 L. 157 
 
 1 C. 487 
 
 3 H. & M. 394 
 
 6 M. 581 
 
 4K. 95 
 
 17 G. 268 
 19 G. 545 
 
 1 P. & H. 46 
 
 4M. 323 
 
 10 G. 318 
 
 5 M. 401 
 
 1 E. 313 
 
 10 G. 557 
 
 7 G. 112 
 1 W. 81 
 
 11 G. 752 
 
 4 M. 191 
 4 L. 590 
 
 18 G. 830 
 11 L. 532 
 
TABLE OJ CASES. 
 
 673 
 
 Smith, V. Walker, 1 W. 135 
 
 V. Walker, 1 C. 28 
 
 V. Wallace, 3 C. 13 
 
 v: Wash., C, V. M.&G. S.R. 
 
 E. Co., 33 G. 617 
 
 Whiteford v., 6 R. 612 
 
 Wilson v., 22 G. 493 
 
 WoTtharaB., 15 G. 487 
 
 Wright v., 22 G. 833 
 
 Smither, Glassock v., 1 C. 479 
 
 Smithson v. Briggs, 33 G. 180 
 
 Cunningham v., 12 L. 32 
 
 Smock V. Dade, 5 E. 639 
 
 Hoome v., 1 W. 389 
 
 Smoot V. Marshall, 2 L. 134 
 
 Moorman v., 28 G. 80 
 
 Perry v., 23 G. 241 
 
 Smyth V. Sutton, 24 G. 191 
 
 Snapp V. Spengler, 2 L. 1 
 
 Spengler v., 5 L. 478 
 
 Snavely v. Harkrader, 29 G. 112 
 
 V. Harkrader, 30 G. 487 
 
 . V. Pickle, 29 G. 112 
 
 Snead v. Coleman, 7 G. 300 
 
 Custis v., 12 G. 260 
 
 Davis v., 33 G. 705 
 
 E. P. & P. E. E. Co. v., 19 G. 
 
 354 
 
 Sneed, Drummond v., 2 C. 491 
 
 V. Smith, 1 P. & H. 46 
 
 Snelson «. Franklin, 6 M. 2l0 
 
 Snickers v. Dorsey, 2 M. 505 
 
 Snider's Case, 2 L. 744 
 
 Snidow, Tatum v., 2 H. & M. 542 
 
 Williams v., 4 L. 14 
 
 Snoddy v. Haskins, 12 G. 363 
 
 Snodgrass, Handley v., 9 L. 484 
 
 Snowden, Martin v., 18 G. 100 
 
 Snyder, Bell v., 10 G. 350 
 
 V. Dailey, 1 E. 76 
 
 Solomon, South v., 6 M. 12 
 
 Somerville's Case, 1 V. C. 164 
 
 V. Wimhish, 7 G. 305 
 
 Sommerville, M'CuUoeh v., 8 L. 415 
 
 Songer, Simmerman v., 29 G. 9 
 
 Songster, Bullitt v., 3 M. 54 
 
 Soper, Thomas v., 5 M. 28 
 
 Soran, Cammack v., 30 G. 292 
 
 Sorrel v. Procter, 4 H. & M. 431 
 
 Sorrell's Case, 1 V. C. 253 
 
 South V. Solomon, 6 M. 12 
 
 Southall V. Exch. Bank, 12 G. 312 
 
 V. Gamer, 2 L. 372 
 
 Goss v., 23 G. 825 
 
 Henderson v., 4 C. 371 
 
 V. M'Keand, "Wy. 95 
 
 V. M'Keand, 1 W. 336 
 
 V. Taylor, 14 G. 269 
 
 Souther's Case, , 7^- ^73 
 
 Southerland, HiU v., 1 W. 128 
 
 Southern Exp. Co., Collier v., 32 G. 
 
 718 
 
 V. M'Veigh, 20 G. 
 
 264 
 
 Southern Mut. Ins. Co. v. Kloeber, 
 
 31 G. 739 
 
 V. Taylor, 33 G. 
 
 743 
 
 V. Trear, 29 G. 255 
 
 V. Yates, 28 G. 585 
 
 Southgate, Corbin v., 3 H. & M. 319 
 
 Dupuy v., 11 L. 92 
 
 ». Taylor, 5 M. 420 
 
 Southside E. E. Co., Condon v., 14G. 
 
 302 
 
 V.Daniel, 20 G. 
 
 344 
 
 Spalden, Eogers v., J. 58 
 
 Spangler, M'Mahon v., 4 E. 5i 
 
 Speed, Homer v., 2 P. & H. 616 
 
 Speer's Case, 2 V. C. 65 
 
 Case, 17 G. 570 
 
 Case, 23 G. 935 
 
 Morrison v., 10 G. 228 
 
 Spence v. Bagwell, 6 G. 444 
 
 Spencer's Case, 2 L. 751 
 
 Barnett v., 2 H. & M. 7 
 
 «. Carter, 4 H. &M.402 
 
 V. Ford, 1 Eob. 648 
 
 V. Moore, 4 C. 423 
 
 Penn v., 17 G. 85 
 
 V. Pilcher, 8 L. 565 
 
 V. Pilcher, 10 L. 490 
 
 «. Smith, 4 M. 323 
 
 V. Wilson, 4 M. 130 
 
 Wilson v., 1 E. 76 
 
 Wilson v., 11 L. 261 
 
 Spengler v. Davy, 15 G. 381 
 
 Snapp v., 2 L. 1 
 
 V. Snapp, 5 L. 478 
 
 Sperry's Case, 9 L. 623 
 
 Speyers, Brown v., 20 G. 296 
 
 Spicer v. Pope, J. 43 ' 
 
 Spiller, Smith v., 10 G. 318 
 
 Spilman v. Johnson, 27 G. 33 
 
 Spindle, Brockenhrough v., 17 G. 21 
 
 ' V. Miller, 6 M. 170 
 
 Taylor v., 2 G. 44 
 
 Spitler, Parent v., 30 G. 819 
 
 Spooner, Beers v., 9 L. 153 
 
 Spotswood V. Dandridge, 4 H. & M. 
 
 139 
 V. Dandridge, 4 M. 289 
 V. Douglass, 6 M. 312 
 
 Field v., 1 W. 280 
 
 i). Higgenbotham, 6 M. 
 313 
 Hunter »., 1W.145 
 
 V. Pendleton, 2 C. 209 
 
 85 
 
674 
 
 TABLE OF CASES. 
 
 Spotswood V. Pendleton, 4 C. 514 
 
 V. Price, 3 H. & M. 123 
 
 Thornton v., 1 W. 142 
 
 Spotts V. Gillaspie, 6 R. 566 
 
 Pate v., 6 M. 394 
 
 Spraggins, Wills v., 3 G. 529 
 
 Spraul, Currin v., 10 G. 145 
 
 Spriggs, Poague v., 21 G. 220 
 
 Sprinkle's Case, 4 L. 650 
 
 V. Hayworth, 26 G. 384 
 
 Sprouce's Case, 2 V. C. 375 
 
 Spurgin, Evans v., 6 G. 107 
 
 Evans «., 11 G, 615 
 
 Staats V. Board, 10 G. 400 
 
 Stafford v. Carter, 4 G. 63 
 
 V. White, 6 G. 93 
 
 Stainback v. Bank Va., 11 G. 260 
 
 v. Bank Va., 11 G. 269 
 
 Boyd u, 5 M. 305 
 
 v. Read, 11 G. 281 
 
 Stair, Dyerle v., 28 G. 800 
 
 Staley, Erskine v., 12 L. 406 
 
 Stalnaker, Randolph Jus. v., 13 G. 
 
 523 
 
 Stamper, Crump u., 27 G. 42 
 
 V. Garnett, 31 G. 550 
 
 Lacey v., 27 G. 42 
 
 Stanard v. Brownlow 3 M. 229 
 
 V. Graves, 2 C. 369 
 
 I Mut. Ass. Soc. v., 4 M. 539 
 
 V. Rogers, 4 H. & M. 438 
 
 V. Timberlake, 3 L. 681 
 
 Stanton, Roberts ti., 2 M. 129 
 
 Staples' Case, Gil. 213 
 
 V. Staples, , 24 G. 225 
 
 V. Turner, 29 G. 330 
 
 Stark V. Lipscomb, 29 G. 322 
 
 Starke, Chisholm v., 3 C. 25 
 
 i>. Littlepage, 4 R. 368 
 
 Kuffi;., 3 G 129 
 
 Sheppard i\. 3 M. 29 
 
 Talley v., 6 G. 339 
 
 Winston «., 12G. 317 
 
 Starkie's Case, 7 L. 752 
 
 State Bank N. C. v. Cowan, 8 L. 238 
 
 May v., 2 Rob. 56 
 
 Statham v. Ferguson, 25 G. 28 
 
 Staton, Murphy u.| 3 M. 239 
 
 Pittmau!).. 11 G. 99 
 
 V. Pittman, 11 G. 99 
 
 St. Clair's Case, 1 G. 556 
 
 Pates v., 11 G. 22 
 
 Street v., 6 M. 457 
 
 Stead, Drago v., 2 R. 454 
 
 Stealy?). Jackson, 1 R. 413 
 
 Steam v. Mason, 24 G. 484 
 
 Stearns v. Beckham, 31 G. 379 
 
 Taylor v., 18 G. 244 
 
 Steed V. Baker, 13 G. 380 
 
 Steel. M'Clunn v., 2 V. C. 256 
 
 Steele v. Boyd, ' 6 L. 547 
 
 V. Brown, 2 V. C. 246 
 
 V. Levisay, 11 G. 454 
 
 Steeubock, Claflin v., 18 G. 842 
 
 Steers, Wigglesworth v., 1 H. & M. 70 
 
 Stegar v. Eggleston, 5 C. 449 
 
 Stephen's Case, 4 L-. 679 
 
 Case, - 2 L. 759 
 
 Fairfax v., 1 V. C. 3 
 
 Janev v., 2 P. & H. 11 
 
 V. Swann, 9 L. 404 
 
 Toole v., 4 L. 581 
 
 Stephens v. Cobun, 2 C. 440 
 
 Hopkins v., 2 R. 422 
 
 V. Hutchison, 6 G. 147 
 
 O'Brien v., 11 G. 610 
 
 V. White, 2 W. 203 
 
 Stephenson, Beeson v., 7 L. 107 
 
 Lyle v., 6 C. 54 
 
 Reynolds v., 11 L. 369 
 
 V. Taverners, 9 G. 398 
 
 Ware v., 10 L. 155 
 
 Steptoe v. Auditor, 3 R. 221 
 
 V. Flood, 31 G. 323 
 
 V. Harvey, 7 L. 501 
 
 Harvey v., 17 G. 289 
 
 1). Pollard, 30 G. 689 
 
 V. Read, 19 G. 1 
 
 Templeman v., 1 M. 339 
 
 Stern, Lincoln v., 23 G. 816 
 
 Sterrett v. Teaford, 4 G. 84 
 
 Stevens' Case, 4 L. 683 
 
 V. Bransford, 6 L. 246 
 
 V. Davison, 18 G. 819 
 
 Legan v., 3. 30 
 
 V. Taliaferro, 1 W. 155 
 
 Stevenson, Bryce v., 2 R. 438 
 
 Jones v., 5 M. 1 
 
 V. Singleton, 1 L. 72 
 
 V. Wallace, 27 G. 77 
 
 Wilson v., 2 C. 213' 
 
 Stever v. GiHis, 3 C. 417 
 
 Stewart's Case, 1 V. C. 114 
 
 Case, 28 G. 939 
 
 V. Crabbin, 6 M. 280 
 
 Gibson v., 11 L. 600 
 
 Pendleton «,, 5 C. 1 
 
 Pickett v., 1 R. 478 
 
 Taylor r., 5 C. 520 
 
 Thornton v., 7 L. 128 
 
 Stimson v. Tnorn, 25 G. 278 
 
 Stinchcomb v. Marsh, 15 G. 202 
 
 Stinnett, Hansbrough v., 22 G. 593 
 
 Hansbrough i'., 25 G. 495 
 
 Stinson v. Day, 1 Rob. 435 
 
 Stip, Turner v., 1 W. 319 
 
 Stipp, Moss v., 3 M. 159 
 
 St. John I). Alderson, 32 G. 140 
 
 Goolsby v., 25 Q. 146 
 
TABLE OF CASES. 
 
 675 
 
 St. Louis M., In. Co., Mosby «., 31 G. 
 
 629 
 
 Stockley's Case, 10 L. 678 
 
 Stockton V. Cook, 3 M. 68 
 
 Wright v., 5 L. 153 
 
 Stokeley's Case, 1 V. C. 330 
 
 Stokes, Boiling v., 2 L. 178 
 
 «. Perkins, 4 R. 356 
 
 V. Upper App. Co., 3 L. 318 
 
 Wilson v., 4 M. 455 
 
 Stone, Armstrong v., 9~ G. 102 
 
 V. Hansbrough, 5 L. 422 
 
 V. Keeling, 3 H. & M. 228 
 
 V. Keeling, 5 C. 143 
 
 Moon v., 19 G. 130 
 
 Mut. Ass. Soc. v., 3 L. 218 
 
 I'. Nicholson, 27 G. 1 
 
 V. Patterson, 6 C. 71 
 
 V. Pointer, 5 M. 287 
 
 Eootes »., 2 L. 650 
 
 Taylor v., 2 M. 314 
 
 , V. Ware, 6 M. 541 
 
 V. Wilson. 10 G. 529 
 
 Stoneman's Case, 25 G. 887 
 
 Stonestreet, Williams v., 3 E. 559 
 
 Storrs V. Payne, 4 H. & M. 506 
 
 Stott V. Alexander, 1 W. 331 
 
 V. Baskerville, 6 M. 20 
 
 Stout, Hickman v., 2 L. 6 
 
 V. Jackson, 2 K. 132 
 
 V. Vause, 1 Rob. 169 
 
 Stovall, Leftwitch «„ 1 W. 303 
 
 V. London, 5 M. 299 
 
 V. Woodson, 2 M. 303 
 
 Stover V. Hamilton, 21 G. 273 
 
 Hutsonpiller v., 12 G. 579 
 
 V. Martin, 2 C. 514 
 
 Stowers v. Smith, 5 M. 401 
 
 Strange v. Floyd, 9 G. 474 
 
 George v., 10 G. 499 
 
 Price v., 2 H. & M. 615 
 
 Stras, Marine Ins. Co. v., 1 M. 408 
 
 Stratton, Hague v., 4 C. 84 
 
 V. Hague, 4 C. 564 
 
 V. Minnis, 2 M. 329 
 
 V. Mut. Ass. Soc, 6 E. 22 
 
 Peyton v., 7 G. 380 
 
 Phaup v., 9 G. 615 
 
 Powell v., 11 G. 792 
 
 Straughan v. Wright, 4 R. 493 
 
 Straus V. Kerngood, 21 G. 584 
 
 Straw, Hoppess v., 10 L. 348 
 
 Street, Brown v., 6 E. 1 
 
 Cochran v., Wy. 133 
 
 Cochran v., 1 W. 79 
 
 V. St. Clair, 6 M. 457 
 
 V. Street, H L- 498 
 
 V. Tinsley, 2 P. & H. 612 
 
 Turner v., 2 E. 404 
 
 Winston v., 2 P. & H. 169 
 
 Streit, Einker v., 33 G. 663 
 
 Stribb ing «. Valley Bank, .5E. 132 
 
 Valley Bank v., 7 L. 26 
 
 Sttickler, Williams v., 3 C. 230 
 
 Strider v. Eeid, 2 G. 38 
 
 Eeid v., 7 G. 76 
 
 Sleigh v., 5 C. 439 
 
 Sleighs v., 3 H. & M. 229 
 
 V. Win. & Pot. E. R. Co., 21 
 
 G. 440 
 
 Stringer, Darby v., J. 10 
 
 Henderson v., 6 G. 130 
 
 Taylor v., 1 G. 158 
 
 Strode «). Head, 2 W.149 
 
 Thompson v., 2 H. c& M. 19 
 
 Strother's Case, 1 V. C. 186 
 
 Goolsby v., 21 G. 107 
 
 V. Hull, 23 G. 652 
 
 Lightfoot v., 9 L. 451 
 
 Eogers v., 27 G. 417 
 
 Skipwith v., 3 E. 214 
 
 Stroud «. Connelly, 33 G. 217 
 
 Stroup's Case, 1 Eob. 754 
 
 Stuart's Case, 2 V. C. 320 
 
 Case, 28 G. 950 
 
 V. Abbott, 9 G. 252 
 
 V. Coalter, 4 E. 74 
 
 Dinwiddle Co. v., 28 G. 526 
 
 Forkner v., 6 G. 197 
 
 Goodall v.. 2 H. & M. 105 
 
 Gray v., 33 G. 351 
 
 V. Hamilton, 2 H. & M. 48 
 
 V. Jas. E. & K. Co., 24 G. 
 
 294 
 
 V. Lee, 3 C. 421 
 
 Lee v., 2 L. 76 
 
 ■V. Luddiugton, 1 E. 403 
 
 V. Madison, 1 C. 481 
 
 Pendleton v., 6 M. 377 
 
 • Preston v., 29 G. 289 
 
 Pulaski Co. !)., 28 G. 872 
 
 V. Valley R. E. Co., 32 G. 
 
 146 
 
 V. White, 25 G. 300 
 
 Stubblefield v. Beazley, 5 G. 51 
 
 Vaiden v., 28 G. 153 
 
 Stubbs B. BtirweU, 2 H. & M! 536 
 
 Sheppard v., 3 G. 357 
 
 V. Whiting, 1 E. 322 
 
 Stump, Bryan v., 8 G. 241 
 
 Stumps, Douglass v., 5 L. 392 
 
 Sturdivant v. Birchett, 10 G. 67 
 
 V. Eaines, 1 L. 481 
 
 Sturm, Martin v., 5 E. 693 
 
 Sturman, Waddy v., J. 5 
 
 Sturtevant v. Goode, 5 L. 83 
 
 Successors Loyal Co.^ French v., 5 L. 
 
 627 
 Sucfcley V. Kotchford, 12 G. 60 
 
 Suddarth, Nelson v., 1 H. & M. 350 
 
676 
 
 TABLE OF CASES. 
 
 Snllivant, Bogje v-, 1 C. 561 
 
 Suit, Grubbs v., 32 G. 203 
 
 Summerfield's Case, 2 Rob. 767 
 
 Summers v. Beane, 13 Gr. 404 
 
 V. Darne, 31 G. 791 
 
 Loup v., 3 E. 511 
 
 Todds v., 2 G. 167 
 
 Sunket's Case, 1 L. 652 
 
 Supervisors Bedford v. Wingfield, 27 
 
 G. 329 
 
 Supervisors Henry ,Eedd v.. 31 G. 695 
 
 Surbaugh, Maria t\, ' 2E. 228 
 
 Sutherland, Laws v., 5 G. 357 
 
 V. 0. D. Ins. Co., 31 G. 
 
 176 
 
 Sutherltn, Danville v., 20 G. 555 
 
 Pollock v., 25 G. 78 
 
 Sutton V. Burruss, 9 L. 381 
 
 V. Dickinson, 9 L. 142 
 
 Foster?)., 4H.&M.401 
 
 V. Gatewood, 6 M. 398 
 
 V. Mandeville, 1 M. 407 
 
 Mann v., 4 E. 253 
 
 Smyth v., 24 G. 191 
 
 V. Sutton, 7 G. 234 
 
 Swan, Walcott v., 2 C. 298 
 
 Walcott v., 4 C. 462 
 
 Swann, Lawrence v., 5 M. 332 
 
 Stephen v., ' 9 L. 404 
 
 Swain, Gait v., 9 G. 633 
 
 Sweny, Tucker v., J. 5 
 
 Swift Eun Turnpike Co.'s Case, 2 V. 
 
 C. 361 
 
 Case, 2 V. 
 
 C.362 
 
 Swinney's Case, 1 V. C. 146 
 
 Swisher's Case, 26 G. 963 
 
 Switzer v. Switzer, 26 G. 574 
 
 "Wash., Gin. & St. L. E. E. 
 
 Co. v., 
 Swope V. Chambers, 
 
 Mays v., 
 Sydnor v. Burke, 
 V. Gee, 
 V. Sydnors, 
 Syme v. Butler, 
 V. GrifiSn, 
 V. Johnston, 
 Johnston v., 
 ■It. Jude, 
 V. Montague, 
 Syrus -!). Allison, 
 
 Tabb V. Archer, 
 V. Archer, 
 V. Baird, 
 Seattle v., 
 V. Binford, 
 Botts v., 
 V. Boyd, 
 
 26 G. 661 
 
 2G. 319 
 
 8G. 46 
 
 4 E. 161 
 
 4 L. 585 
 
 2 M.263 
 
 1 C. 105 
 4 H. & M. 277 
 
 3 C. 558 
 
 3 C. 522 
 3C,522 
 
 4H.&M. 180 
 2 Eob. 200 
 
 7 G. 408 
 3 H. & M. 399 
 
 3 C. 475 
 
 2 M. 254 
 
 4 L. 132 
 10 L. 616 
 
 4 C. 453 
 
 Tabb, v. Cabell, 
 ■0. Gist, 
 V. 1 . regory, 
 Eichards v., 
 Tabor, Compton v., 
 Taggart's Case, 
 
 Bowden v., 
 Tait, De Ende v., 2 
 
 Kyles v., 
 V. Tait, 
 Talbert v. Jenny, 
 
 V. E. & D. E. E. 
 
 Talbot, Neff v., 
 Taliaferro v. Burwell, 
 Dabney v., 
 V. Foote, 
 Fox v., 
 V. Franklin, 
 V. Gate wood, 
 V. Horde, 
 Jeter v., 
 V. Minor, 
 V. Minor, 
 Pratt v., 
 V. Pryor, 
 V. Eobb, 
 Stevens v., 
 V. Taliaferro, 
 V. Thornton, 
 Wallace v., 
 Talley v. Eobinson, 
 V. Starke, 
 V. Tyree, 
 TaUy, Tate v., 
 
 White v., 
 Tarns V. Brannaman, 
 Taucil V. Seaton, 
 Tankersley v. Lipscomb, 
 
 Scott v., 
 Tanner's Case, 
 
 V. Bennett, 
 Tapp V. Beverley, 
 V. Eaukin, 
 Tapscott V. Cobbs, 
 Lee v., 
 Weaver v., 
 Tardy v. Boyd, 
 Tarpley, Brewer v., 
 V. Dobyns, 
 Tarr v. Hendrick, 
 
 (!. Eavenscroft, 
 Tate's Case, 
 
 Calloway v., 
 Cromwell v., 
 V. Liggat, 
 Meade v., 
 Moore v., 
 V. Tally, 
 V. Vance, 
 
 17 G. 160 
 6 C. 279 
 4 C. 225 
 4 C. 522 
 
 32 G. 121 
 
 8 G. 697 
 
 3 M. 513 
 P. & H. 663 
 
 6 G. 44 
 
 6 L. 154 
 
 6 E. 159 
 
 Co., 31 G. 
 
 685 
 
 1 C. 140 
 
 4 C. 321 
 4 E. 256 
 
 3 L. 58 
 4 M, 243 
 1 G. 332 
 6 M. 320 
 
 1 E. 242 
 4 M. 80 
 1 C. 524 
 
 2 C. 190 
 
 3 U 419 
 12 G. 277 
 
 2 C. 258 
 
 1 VV. 155 
 4C. 93 
 6 0.21 
 
 2 C. 447 
 
 22 G. 888 
 
 6 G. 339 
 2 Eob. 500 
 
 3 C. 354 
 5C. 98 
 
 23 G. 809 
 28 G.601 
 
 3L. 813 
 
 10 L. 581 
 14 G. 635 
 
 33 G. 251 
 1 L. 80 
 
 9 L. 478 
 
 11 G. 172 
 
 2 W. 276 
 9 L. 424 
 
 26 G. 631 
 1 W. 363 
 
 1 W. 185 
 
 12 G. 642 
 12 G. 642 
 
 3 L. 802 
 1 H. & M. 9 
 
 7 L. 301 
 2L. 84 
 
 2 C. 231 
 22 G. 351 
 
 3 C. 354 
 
 27 G. 571 
 
TABLE OF CASES. 
 
 677 
 
 Tate, Watkiiis v., 3 0. 521 
 
 Tatum's Case, 9 L. 56 
 
 Jones 1'., ]9G. 720 
 V. Snidow, 2 H. & M. 542 
 
 Tavenner?;. Robinson, 2 Rob. 280 
 Taverner, Emerick v., ' 9 G. 220 
 Taverners, Stephenson v., 9 G. 388 
 
 Tayloe v. Adams, Gil. 329 
 
 V. Graves, J. 40 
 
 Guerrant v., 2 C. 208 
 Overseers Poor v., Gil. 336 
 
 V. Smith, 10 G. 557 
 
 Taylors Case, 2 V. C. 94 
 
 Case, 20 G. 825 
 
 Case, 29 G. 780 
 
 V. Armstead, 3 C. 200 
 
 Backus v., 6 U. 488 
 
 V. Bank Alex., 5 L. 471 
 
 V. Beale, 4 G. 93 
 
 Beall v., 2 G. 532 
 
 V. Beck, 3 E. 316 
 
 Blanton v., Gil. 209 
 Blow v., 4 H. & M. 159 
 
 Brown v., 32 G. 135 
 
 V. Browne, 2 L. 419 
 
 V. Bruce, ■ Gil. 42 
 
 ,;. Burdett, 11 L. a34 
 
 s). Burnsides, 1 G. 165 
 
 «)..Chowning, 3 L. 654 
 
 1-. Cleary, 29 G. 448 
 
 •«. Cole, 4 M. 351 
 
 V. Cooper, 10 L. 317 
 
 V. Cullins, 12 G. 394 
 
 V. Dundass, 1 W. 92 
 
 V. Ficklin, 5 M. 25 
 
 Goodwin I-., 2W. 74 
 
 V. Goodwyn, 4 C. 305 
 
 V. Hill, 10 L. 457 
 
 Hubbard «., 1 "W. 2-59 
 V. Huston, 2 H. & M. 161 
 
 V. Hutchinson, 25 G. 536 
 
 t>. King, 6 M. 358 
 
 «), Lancaster, 33 G. 1 
 
 M'Cance v., 10 G. 580 
 
 V. M'Clean, 3 C. 557 
 
 V. Moore, 2 R. 563 
 
 Mosby v., Gil. 172 
 D. NicolsMi, 1 H. & M. 67 
 
 Osborne I!., 12 G. 117 
 
 Page v., ■ 2 M. 492 
 
 Parramore v., 11 G. 220 
 
 «. Peck, 21 G- 11 
 
 V. Peytin, 1 W. 252 
 
 Pownal v., , 10 L. 172 
 
 Purvear v., 12 G. 401 
 «. Rainbow, 2H.&M423 
 
 c. Richards, 3 M. 8 
 
 V. Rightmire, 8 L. 468 
 
 Southall«., 14 G. 269 
 
 Taylor, Southern M. Ins. Co. v., 33 
 G. 743 
 
 Southgates)., 5M. 420 
 
 V. Spindle, 2 G. 44 
 
 V. Stearns, 18 G. 244 
 
 V. Stewart, 5 C. 520 
 
 V. Stone, 2 M. 314 
 
 V. Stringer, 1 G. 158 
 V. Taylor, 4 H. & M. 411 
 
 Thatcher v., 3 M. 249 
 
 Tyler v., 21 G. 700 
 
 Tyler v., 29 G. 765 
 
 V. Wallace, 4 0. 92 
 
 Watkins v., 2 M. 424 
 
 Wilkinsu, Wy 338 
 
 Wilkins v., 5 C. 150 
 
 V. Yarbrough, 13 G. 183 
 
 Tazewell, Bnrrett v., 1 C. 215 
 V. Barrett, 4 H. & M. 259 
 
 V. Saunders, 13 G. 354 
 
 V. Smith, 1 R. 313 
 
 V. Whittle, 13 G. 329 
 
 Tazewells, Power v., 25 G. 786 
 
 Teackle, Bailey v., Wy. 173 
 
 Teaford, Sterrett v., 4 G. 84 
 
 Teays. Davis v., 3 G. 270 
 
 Tebbs V. Duval, 17 G. 349 
 
 Hooe v., 1 M. 501 
 
 Teel V. Yancey, • 23 G. 691 
 
 Tefft's Case, 8 L. 721 
 
 Temple's Case, 1 V. C. 163 
 
 Ohamberlayne v., 2 E. 384 
 
 V. Ellett, 2 M. 452 
 V, Temple, 1 H. & M. 476 
 Templeman, Fauntleroy v., 3 B. 434 
 
 V. Steptoe, 1 M. 339 
 
 Tennant v. Gray, 5 M. 494 
 
 Tennent v. Pattous, 6 L. 196' 
 
 Terrell v. Dick, 1 C. 546 
 
 V. Imboden, 10 L. 321 
 
 V. Ladd, 2 W. 150 
 
 Morris »., 2 R. 6 
 
 V. Rogers, 24 G. 172 
 Terrells v. Page, 3 H. & M. 118 
 
 Terry's Case, 2 V. C. 77 
 
 V. Fitzgerald, 32 G. 843 
 
 V. Eagsdale, 33 G. 342 
 
 Whitton v., 6 L. 189 
 V. Wooding, 2 P. & H. 178 
 
 Thamer, Forward »., 9 G. 537 
 
 Tharp, Amick v., 13 G. 564 
 
 Thatcher v. Taylor, 3 M. 249 
 
 Thilman, Ellis v., 3 C. 3 
 
 Thistle, M'Clure v., 2 G. 182 
 
 Thom, Hansbrough v., 3 L. 147 
 
 Thomas' Case, 2 Rob. 795 
 
 Case, 1 V. C. 307 
 
 Case, 2 V. C. 479 
 
 Case, 2 L. 741 
 
 Case, 22 G. 912 
 
678 
 
 TABLE OF CASES. 
 
 Thomas, Alex. Sav. Bank v., 29 G. 483 
 
 Ballard v., 19 G. 14 
 
 Cox v., 9 G. 312 
 
 Cox v., 9 G. 323 
 
 Crockett v., 20 G. 419 
 
 Davis I)., 5 L. 1 
 
 r. Dawson, 9 G. 531 
 
 ■I). Gaines, 1 G. 347 
 
 V. Gammel, 6 L. 9 
 
 Glassell v., 3 L. 113 
 
 Harris «., 1 H. & M. 18 
 
 Janes v., 21 G. 96 
 
 1). Jones. 28 G. 383 
 
 Lynch v., 3 L. 082 
 
 V. Kichmond, 18 G. 583 
 
 Xioyall v., 28 G. 130 
 
 Schwartz v., 2 W. 167 
 
 V. Soper, 5 M. 28 
 
 Tnrpin v., 2 11. & M. 139 
 
 Willoughby v., 24 G. 521 
 
 Thomason v. Andersons, 4 L. 118 
 
 Thompson's Case, 1 V. C. 319 
 
 Case, 2 V. C. 135 
 
 Case, 4 L. 652 
 
 Case, 4 L. 667 
 
 Case, 8 G. 637 
 
 Case, 20 G. 724 
 
 Anderson v., 11 L. 439 
 
 Byars v., 12 L. 550 
 
 Clough v., 7 G. 26 
 
 V. Gumming, 2 L. 321 
 
 Curtis v., 29 G. 474 
 
 Daiugerfield v., 33 G. 1 36 
 
 V. Davenports, 1 W. 125 
 
 V. Evans, 6 M. 397 
 
 Gillespie v., 5 G. 132 
 
 V. Govan, 9 G. 695 
 
 D.Graves, IP.&H. 101 
 
 Green v., 1 P. & H. 427 
 
 Griffith v., 1 L. 321 
 
 Griffith v., 4 G. 147 
 
 V. Guthrie, 9 L. 101 
 
 V. Jackson, 3 E. 504 
 
 Jas. Kiv. & K. Co. v., 3 
 
 G. 258 
 
 Johnston v., 5 C. 248 
 
 Lewis v., 2 H. & M. 100 
 
 M'Blair v., 11 G. 441 
 
 Marshall v., 2 M. 412 
 
 V. Meekj 7 L. 419 
 
 Meek »., 8 G. 134 
 
 Mitchell «., 2 P. &H. 424 
 
 V. Pendell, 12 L. 591 
 
 Shugart v., 10 L. 434 
 
 Smith «., 7 G. 112 
 
 D. Strode, 2H. &M. 19 
 
 V. Thompson, 6 M. 514 
 
 Thornton «., 1 G. 121 
 
 Turnbull v., 27 G. 306 
 
 Wrenn v., 4 M. 377 
 
 Thon's Case, 31 G. 887 
 
 Thorn, Stimson v., 25 G. 278 
 
 Thorndike v. Reynolds, 22 G. 21 
 
 Thornton's Case, 24 6.657 
 
 Cooke v., 6 R. 8 
 
 'v. Oorbin, 3 C. 221 
 
 ■V. Corbin, 3 C. 232 
 
 V. Corbin, 3 C. 384 
 
 Dillardo., 29 G. 392 
 
 V. Fairfax, 29 G. 669 
 
 V. Fitzhugh, 4 L. 209 
 
 Ford v., 3 L. 695 
 
 V. Gordon, 2 Rob. 719 
 
 V. Jett, 1 "W. 138 
 
 Lewis v., 6 M. 87 
 
 Mitchell v., 21 G. 164 
 
 Moore v., 7 G. 99 
 
 V. Smith, 1 W. 81 
 
 V. Spotswood, 1 W. 142 
 
 V. Stewart, 7 L. 128 
 
 Taliaferro v., 6 C. 21 
 
 V. Thompson, 4 6. 121 
 
 V. Thornton, 3 B. 179 
 
 V. Thornton, 31 G. 212 
 
 West v., 7 G. 177 
 
 V. Winston, 4 L. 152 
 
 Thrash, Price v., 30 G. 515 
 
 Threlkeld v. Campbell, 2 G. 198 
 
 V. Fitzhugh, 2 L. 451 
 
 Thrift V. Hannah, 2 L. 300 
 
 Manlove v. 5 M. 493 
 
 Throckmorton v. Cooper, 3 M. 93 
 
 Naylor v., 7 L. 98 
 
 Thruston, Dawson «., 2 H. & M. 132 
 
 Thurman, Eppes*., 4 R. 384 
 
 Heuderlite v., 22 G. 466 
 
 Smith v., 11 G. 752 
 
 Thurmond, Crawford v., 8 L. 85 
 
 V. Wood, 27 G. 727 
 
 Thweatu. Finch, 1 W. 217 
 
 Thweatt v. Jones, 1 R. 328 
 
 Young v., 12 G. 1 
 
 Tichanal v. Roe, 2 Rob. 288 
 
 Tichenor v. Allen, 13 G. 15 
 
 V. Clough, 13 G. 15 
 
 V. EUett, 13 G. 15 
 
 V. Mosby, 13 G. 15 
 
 Tidball, Lane v., Gil. 130 
 
 V. Lupton, 1 E. 194 
 
 Tid well, Pitts «. 3M.88 
 
 Tiernan's Case, 4 G. 545 
 
 Tiernans, Harrison v., 4 R. 177 
 
 V. Schley, 2 L. 25 
 
 Tiffany, Carroll v., 9 G. 269 
 
 V. Kent, 2 G. 231 
 
 Tilden, Lawson v., 2 H. & M. 95 
 
 Tilson V. Davis, 82 G. 92 
 
 Timberlake v. Benson, 3 V. C. 348 
 
 V. Graves, 6 M. 174 
 
 Jones v., 6 R. 678 
 
TABLE OF CASES. 
 
 €79 
 
 Timberlake.Stanard v., 3 L. 681 
 
 Tinder, Guerrant r., Gil. 36 
 
 Tinsley r. Anderson, 3 C. 329 
 
 Clarke v., ' 4 R. 250 
 
 1-. Jones, 13 G. 289 
 
 V. Oliver, 5 M. 419 
 
 Street v., 2 P. & H. 612 
 
 Tisdale, Brizendine i'., 5 L. 51 
 
 Tod V. Baylor, 4 L. 498 
 
 Todd ex parte, 3 L. 819 
 
 r. Bowyer, 1 Jl. 447 
 
 ■V. Moore, 1 L. 457 
 
 Todds V. Summers, 2 G. 167 
 
 Toell, Brown v., 5 R. 543 
 
 Toler, Benoett v., 15 G. 588 
 
 Fleming v., 7 G. 310 
 
 i: Toler, 2 P. & H. 71 
 
 Toll Bridge v. Free Bridge, 1 E. 206 
 
 Tolson r. Elwes, 1 L. 436 
 
 Tom, Jenkins r., 1 "W. 123 
 
 Tomkies r. Downmau, 6 M. 557 
 
 Mayo v., 6 M. 520 
 
 V. Walters, 6 C. 44 
 
 Tomkins, Harrison v., 1 C. 295 
 
 Tomlin v. How, Gil. 1 
 
 V. Kelly, 1 W. 190 
 
 Norris «., 2 M. 336 
 
 Tomlinson ;;. Dilliard, 3 C. 105 
 
 V. Dilliard, 3 H. & M. 199 
 
 Dilliard v., 1 M. 183 
 
 iVl'Leani!., 5 M. 220 
 
 1-. Mason, 6 R. 169 
 
 Tompkins v. Branch Bank, 11 L. 373 
 
 D. Mitchell, 2R. 428 
 
 V. Powell, 6 L. 576 
 
 Eoote v., 3 G. 94 
 
 V. Wiley, 6 K. 242 
 
 Toucray, Findlay v., 2 Rob. 374 
 
 White v., 9 L. 347 
 
 Toncrey, White v., 5 6. 179 
 
 Tooel's Case, 11 L. 714 
 
 Toole V. Stephen, 4 L. 581 
 
 Tosh V. Robertson, 27 G. 270 
 
 Totty V. Donald, 4 M. 430 
 
 Towler v. Buchanans, 1 C. 187 
 
 Towles' Case, 5 L. 743 
 
 Atwell v., 1 M. 175 
 
 Pope v., 8 H. & M. 47 
 
 Town Danville v. Pace, 25 G. 1 
 
 V. Sutherliu, 20 G.555 
 
 Manchester, Man. Cot Mills v., 25 G. 
 
 825 
 
 Towner v. Lane, 9 L. 262 
 
 V. Lucas, 13 G. 705 
 
 Townes v. Birchett, 12 L. 173 
 
 Boyle v., 9 L. 158 
 
 French «., 10 G. 513 
 
 Hortons v., 6 L. 47 
 
 Smith v., 4 M. 191 
 
 Trace wells, Kincheloo v., 11 G. 587 
 
 Travis v. Claiborne, 5 M. 435 
 
 Deneufville v., 5 G. 28 
 
 Treakle, Wallace v., 27 G. 479 
 
 Trear, South. M. Ins. Co. v., 29 G. 
 
 255 
 
 Tregg, Burk c, 2 W. 215 
 
 Tremaine's Case, 25 G. 987 
 
 Trcmper v. Hemphill, 8 L. 653 
 
 Trent v. Cartersville Bridge Co., 11 
 
 L. 521 
 
 Duval v., 6 M. 29 
 
 Scott v., 1 W. 77 
 
 Scott v., 4 H. & M. 356 
 
 V- Trent, Gil. 174 
 
 Trevilian, Miller v., 2 Rob. 1 
 
 Trevillian v. Guerrant, 31 G. 525 
 
 V. Louisa R. R. Co., 3 G. 
 
 312 
 
 Trice v. Cock ran, 8 G. 442 
 
 Moses v., 21 G. 556 
 
 Trigg, Hoge ;;., 4 M. 150 
 
 V. King, 1 B. 252 
 
 Pierce v., 10 L. 406 
 
 Robertson v., 32 G. 76 
 
 Trim's Case, 18 G. 983 
 
 Trimble's Case, 2 V. C. 143 
 
 Trimyer v. Pollard, 5 G. 460 
 
 Triplett v. Allen, 26 G. 721 
 
 V. Jameson, 3 M. 242 
 
 Knight ■!;., J. 71 
 
 V. Micou, 1 R. 269 
 
 Romine v., 33 G. 651 
 
 Smith v., 4 L. 590 
 
 V. Tyler. 4 H, & M. 413 
 
 «. Wilson, 6 C. 47 
 
 Wilson v., 4 H. & M. 433 
 
 Trogdon's Case, 31 G. 862 
 
 Trotter, Holland v., 22 G. 136 
 
 Mitchell v., 7 G. 136 
 
 V. Newton, 30 G. 583 
 
 Kea v., 26 G. 585 
 
 Trout V. Va. & Ten. R. R. Co., 23 G. 
 
 619 
 Tmdgain, Beach i;., 2G.219 
 
 Truehart, Miller v., 4 L. 569 
 
 V. Price, 2 M. 468 
 
 Truss, Cornwell v., 2 M. 195 
 
 V. Old, 6 B. 556 
 
 Trustees Presb. Ch. v. Mansou, 4 E. 
 
 197 
 
 Lexington, Caruthers v., 12 L. 610 
 
 Tuckahoe Canal Co. v. Tuekahoe & 
 
 J. R. R. R. Co., 11 L. 42 
 
 Tucker v. Calvert, 6 C. 99 
 
 V. Cocke, 2 R. 51 
 
 V. Daly, 7 G. 330 
 
 Eppes ■»., 4 C. 346 
 
 Gosden v., 6 M. 1 
 
 Overseers Poor »., 2 L. 580 
 
 Randolph/!).. 10 L. 655 
 
680 
 
 TABLE OF CASES. 
 
 Tucker «). Sweny, 
 Tune, Self v., 
 Tunis V. Grandy, 
 Medley v., 
 Tunnell 11. Watson, 
 Tunstall v. Pollard, 
 Turberville v. Bernard, 
 Browne v., 
 Chapman v., 
 
 I,ee v., 
 V. Long, 
 V. Self, 
 V. Self, 
 
 Turk, Crawford v., 
 Shue V , 
 
 Turman, Orndoff ii.. 
 
 TurnbuU 
 
 Clalbornes, 
 
 First Nat. 
 
 Hook v., 
 V. Thompson, 
 Turner's Case, 
 
 Boiling v., 
 Broaddus v., 
 Broaddus v., 
 ■V. Campbell, 
 V. Campbell, 
 Chapman v., 
 V. Chinn, 
 Davis v., 
 V. Davis, 
 Ellis t)., 
 Gunn v., 
 V. Harris, 
 Henrico Jus 
 Jackson v., 
 
 J. 5 
 
 6 M. 470 
 22 G. 109 
 
 1 Rob. 63 
 
 2 M. 283 
 UL. 1 
 
 7 L. 302 
 2 C. 390 
 
 4 H. & M. 
 
 482 
 
 2 W. 162 
 
 3 H. & M. 309 
 
 2 W. 71 
 
 4 C. 580 
 24 G. 176 
 15 G. 256 
 
 2 L. 200 
 
 3 L. 392 
 Bank Alex v., 
 
 32 G. 695 
 6C. 85 
 27 G. 306 
 
 5 R. 678 
 
 6 E. 584 
 2fi. 5 
 
 5 R. 308 
 
 3 G. 357 
 1 P. & H. 256 
 
 1 C. 280 
 1 H. & M. 53 
 
 4 G. 422 
 7 L. 227 
 
 5 M. 196 
 21 G. 382 
 
 1 Rob. 475 
 
 v., 6 L. 116 
 
 5 L. 119 
 
 Jas. R. & K. Co. v., 9 L. 313 
 Loudon v., 11 L. 403 
 
 Lyons v., 6 R. 41 
 
 M'Call v., 1 C. 133 
 
 Mayo v., 1 M. 405 
 
 V. Moffett, 2 "W. 70 
 
 Oxley v., 2 V. C. 334 
 
 Ruble v., 2 H. & M. 38 
 V. Scott, 5 R. 332 
 
 V. Smith, 18 G. 830 
 
 Staples v., 29 G. 330 
 
 V. Stlp, 1 W. 319 
 
 V. Street, 2 E. 404 
 
 V. Turner, 1 W. 139 
 
 V. Turner, 8 M. 66 
 
 V. Turner, 1 G. 11 
 
 V. Turner, 4 C. 234 
 
 Walker v., 2 G. 534 
 
 White v., 3 G. 502 
 
 Turnpike Co., Grays v., 4 B. 578 
 M'Rae v., 3 R. 160 
 
 Turpin, Atty. Gen. d., 3 H. & M. 548 
 V. Jefferson, 4 H. & M. 483 
 
 Turpin v. Locket, 
 
 Montague v., 
 V. Povall, 
 Sheppards v., 
 V. Saunders, 
 V. Sledd, 
 v. Thomas, 
 ■u. Turpin, 
 V. Turpin, 
 Tutt V. Freeman, 
 V. Lewis, 
 Slaughter v., 
 V. Slaughter, 
 Tuttle V. Eskridge, 
 Tutwiler, Lucado v., 
 
 Paine v., 
 Twyman v. Hawley, 
 Hawley v., 
 Hawley v., 
 Tyler, Carter v., 
 Clarke i>., 
 V. Greenlaw, 
 Nicholas v., 
 Oswald v., 
 V. Taylor, 
 V. Taylor, 
 Triplett v., 
 Tyree's Case, 
 
 V. Donnally, 
 Talley v., 
 ■0. Wilson, 
 Tyson ■». Glaize, 
 
 6 C. 113 
 8 G. 453 
 8L. 93 
 3 G. 357 
 32 G. 27 
 
 23 G. 238 
 2 H. & M. 139 
 
 Wy. 137 
 
 1 W. 75 
 
 J. 24 
 
 3 C. 233 
 
 12 L. 147 
 
 5 G. 364 
 
 2 >I. 330 
 28 G. 39 
 
 27 G. 440 
 
 24 G. 513 
 24 G. 516 
 
 29 G. 728 
 1 C. 165 
 
 30 G. 134 
 5 E. 711 
 
 1 H. & M. 332 
 
 4E. 19 
 
 21 G. 700 
 
 29 G, 765 
 
 4 H. & M. 413 
 
 2 V. C. 263 
 
 9G. 64 
 
 2 Eob. 500 
 
 9 G.59 
 
 23 G. 799 
 
 Uhl's Case, 6 G. 706 
 
 Umbarger v. Watts, 25 G. 167 
 
 Underwood v. M'Veigh, 23 G. 409 
 
 Pollard«.,4H. &M. 459 
 
 Union Bank Md. v. Beirne, 1 G, 226 
 
 Union Bank Win., Reed v., 29 G. 719 
 
 Union Factory, Rider v., 7 L. 154 
 
 Union Steamship Co. v. Nottingham, 
 
 17 G. 115 
 
 Unis, Charlton v., 4 G. 58 
 
 V. Charlton, 12 G. 484 
 
 United States v. Blakeney, 3 G. 387 
 
 V. Cottingham, 1 Eob. 
 
 615 
 
 V. Lipscomb, 4 G. 41 
 
 ■u. Mundel, 6 C. 245 
 
 U. S. Bank v. Merchants' Bank, 1 
 
 Bob. 573 
 
 U. S. Mining Co., Crump v., 7 G. 353 
 
 Universal Life Ins. Co. «. Cogbill, 30 
 
 G.72 
 
 Cowardin v., 
 
 32 G. 445 
 
 V. Dupay, 30 
 
 G.72 
 
 Updegraffe, Jackson «., 1 Eob. 107 
 
 Upper App. Co. v. Hardings, 11 G. 1 
 
TABLE OF CASES. 
 
 681 
 
 Upper App Co., Nash v., 5 G. 332 
 
 Stokes v., 3 L. 318 
 
 Upshaw, Cocke v., 6 M. 464 
 
 V. Upshaw, 2 H. & M. 381 
 
 Urquhart v. Clarke, 2 E. 549 
 
 Hamilton v., Wy. 295 
 
 Usher i). Pride, 15 G. 190 
 
 Utterbach v. Rixey, 18 G. 313 
 
 Utterback v. Cooper, 28 G. 233 
 
 Utz, Carpenter v., 4 G. 270 
 
 Va. Bank v. Eobinson, 
 Va. Ceu. E. E. Co. v. 
 
 5 G. 174 
 Sanger, 15 G. 
 230 
 Va. Fire & M. Ins. Co. v. Kloeber, 31 
 
 G. 749 
 
 Moore v., '28 
 
 G. 508 
 
 Va. Por. & Earth. Co., Calbreath v., 
 
 22 G. 437 
 
 Va. & Ten, E. E. Co. v. Campbell, 22 
 
 G. 437 
 
 V. Sayers, 26 G. 
 
 328 
 
 Trout v., 23 G. 
 
 6.9 
 
 Washington 
 
 Co. 
 
 30 G. 471 
 12 G. 717 
 
 3 K. 448 
 28 G. 153 
 
 4 E. 478 
 
 Vaiden's Case, 
 
 V. Bell, 
 
 V. Stubblefield, 
 Vail V. Nelson, 
 VaUey E. R. Co. v. Crawford, 25 G. 
 
 467 
 
 Stuart «., 32 G. 146 
 
 Van Bibber, Edwards v., 1 L. 183 
 
 Vance's Case, 3 V. C. 132 
 
 Case, 2 V. C. 162 
 
 V. Bird, 4 M. 364 
 
 V. M'Laughlin, 8 G. 289 
 
 V. Monroe, 4 G. 52 
 
 V. Tate, 27 G. 571 
 
 V. Walker, 3 H. & M. 288 
 
 Vandevier, Pendleton v., 1 W. 381 
 
 Vandewall's Case, 2 V. C. 275 
 
 Vandine's Case, 6 G. 6-9 
 
 Van Lew v. Bohannan, 4 E. 537 
 
 Vanmeter, Farmers' Bank v., 4 E. 553 
 
 Fisher v., 9 L. 18» 
 
 V. Fulkimore, 1 H. & M. 
 
 329 
 
 V. Giles, 
 
 V. Vanmeter, 
 
 Vannorsdale, Eeed v., 
 
 Varner's Case, 
 
 Masters v., 
 Vass' Case, 
 
 Chichester v., 
 Chichester v., 
 
 V. 
 
 1 Bob. 328 
 3 G. 142 
 
 2 L. 569 
 3 V. C. 62 
 
 5G. 168 
 
 3 L. 786 
 10.83 
 
 1 M. 98 
 H. & M. 2 
 
 Vass, Ward v., 
 Young v., 
 
 Vathir v. Zane, 
 
 Vaughan's Case, 
 Case, 
 EUett v., 
 V. Green, 
 Hunter v., 
 «. Jones, 
 Madison v. 
 V. WilsoD, 
 
 7 L. 135 
 
 1 P. & H. 167 
 
 6 6. 246 
 
 2 V. C. 273 
 
 17 G. 676 
 
 6C. 77 
 
 1 L. 287 
 
 24 G. 400 
 
 23 G. 444 
 
 5 C. 562 
 
 4 H. & M. 480 
 
 u. Wilson, 4 H. & M. 452 
 
 V. Winckler, 4 M. 136 
 
 Vaughn's Case, 10 G. 758 
 
 v. Commonwealth, 17 G. 
 
 386 
 
 V. Garliind, 11 L. 251 
 
 Goddin v., 14 G. 102 
 
 Vause, Stout, »., 1 Eob. 169 
 
 Vawter's Case, 1 V. C. 127 
 
 Mundyi)., 3 G. 494 
 
 V. Watts, 3 G. 494 
 
 Veitch, Castleman v., 3 E. 598 
 
 Venable's Case, 24 G. 639 
 
 EdmundsD., 1P.&H.121 
 
 Wyllie v., 4 M. 369 
 
 Verdier v. Humes, 4 H. & M. 479 
 
 Verell v. Coleman, 
 Vest V. Miehie, 
 Via, Price v., 
 Vidal, Gardner v., 
 
 Muse v., 
 
 Eoane v., 
 Vint, Erwin v., 
 Vizonneau v. Pegram, 
 Vowles, Boyle v., 
 Weaver v., 
 
 4 C. 230 
 
 31 G. 149 
 
 8G. 79 
 
 6E.106 
 
 6 M. 27 
 
 4 M. 187 
 
 6 M. 267 
 
 2 L. 183 
 
 1 C. 244 
 
 2 Eob. 438 
 
 WaddiU, Binns v., 32 G. 588 
 
 V. Chamberlajme, J. 10 
 Danville Bank v., 27 G. 448 
 .Danville Bank »., 31 G. 469 
 Smith v.. 
 Wade V. Bo^ey, 
 
 V. Grwnwood, 
 Myers v., 
 ■u. Eichmond, 
 Waddy, Callis v., 
 
 V. Hawkins, 
 Poindexter v., 
 V. Sturman, 
 Wadsworth v. Allen, 
 Waggener v. Dyer, 
 Waggoner v. Gray, 
 Wainwright v. Biarper, 
 Waite, Davison v., 
 Hunters v., 
 Walcott V. Swan, 
 V. Swan, 
 Walden, Beverley v., 
 
 11 L. 
 
 532 
 
 5L. 
 
 442 
 
 2 Eob. 474 
 
 6E. 
 
 444 
 
 18 G. 
 
 583 
 
 2M. 
 
 511 
 
 4L. 
 
 458 
 
 6 M.418 
 
 
 J. 5 
 
 8G. 
 
 174 
 
 11 L. 
 
 384 
 
 2H.&M.603 
 
 3L. 
 
 270 
 
 2 ]VL 527 
 
 3G 
 
 . 25 
 
 2C 
 
 298 
 
 4 0. 
 
 462 
 
 20 G. 
 
 147 
 
 86 
 
682 
 
 TABLE OF CASES. 
 
 Walden v. Payne, 
 V. Walden, 
 V. Winston, 
 Walke, Walker v., 
 Walker's Case, 
 I ase, 
 Case, 
 
 2W. 1 
 33 G. 88 
 9L. 160 
 2 W. 195 
 8 L. 743 
 2 V. C.5i5 
 1 L. 574 
 
 Case, 1 H. & M. 144 
 
 Case, 28 G. 969 
 
 V. Aicklin, 2 M. 357 
 
 V. Beauchler, 27 G. 511 
 
 V. Boaz, 2 Rob. 485 
 
 V. Christian, 21 G. 291 
 
 V. Commonwealth, 18 G. 13 
 
 Coutts v., 2 L. 268 
 
 V. Herring, 21 G. 678 
 
 Huflfmaus v., 26 G. 314 
 
 Jettv., IE. 211 
 
 V. Laverty, 6 M. 487 
 
 Newbrough v., 8 G. 1 6 
 
 V. Page, 21 G. 636 
 
 Pierce v., 21 G. 722 
 
 Smith «., 1 W. 135 
 
 Smith v., 1 C. 28 
 
 V. Turner, 2 G. 534 
 
 Tance v.. 3 H. & M. 288 
 
 V. Walke, 2 W. 195 
 
 Walkup, Armstrong v., 9 G. 372 
 
 Armstrong v., 12 G. 608 
 
 Wall V. Atwell, 21 G. 401 
 
 V. Gressom, 4 M. 110 
 
 Hale v., 22 G. 424 
 
 Sayers v., 26 G. 354 
 
 V. Slusher, 22 G. 424 
 
 WaUace's Case, 2 V. C. 130 
 
 V. Baker, 2 M. 334 
 
 Buster v., 3 H. & M. 217 
 
 Buster v., 4 H. & M. 82 
 
 V. DoM, 3 L. 258 
 
 V. Eichmond, 26 G. 67 
 
 V. Shaffer, 12 L. 62^ 
 
 Smith v., .1 W. 254 
 
 Stevenson v., 27 G. 77 
 
 V. Taliaferro, ^ 2 C. 447 
 
 Taylor v., * 4 C. 92 
 
 V. Treakle, 27 G. 479 
 
 Waller v. Armistead, 2 L. 11 
 
 V. Ellis, 2 M. 88 
 
 V. Kennedy, 2 H. & M. 415 
 
 i.wj. Kevan v., 31 L. 414 
 
 V. Long, 6 M. 71 
 
 M'Kenney v., 1 L. 434 
 
 Moore v., 2 E. 418 
 
 Eeeves v., J 8 
 
 '' " EeynoldsD., 1W.164 
 
 V. Waller, 1 G 454 
 
 V. Waller, ' 83 G. 83 
 
 Wallop V. Scarburgh, 5 G. 1 
 
 Walraven v. Look, 2 P. & H. 547 
 
 Walsh in re, 32 G. 779 
 
 Walsh V. Sale, 25 G. 314 
 
 Walters v. Hill. 27 G. 388 
 
 V. Tomkies, 6 C. 45 
 
 Walthall, Craig v., 14 G. 518 
 
 V. Eobertson, 2 L. 189 
 
 Walthol V. Johnson, 2 C. 275 
 
 Walton's Case, 1 V. C. 142 
 
 Case, 32 G. 855 
 
 V. Hale, 9 G. 194 
 
 Wampler v. Wampler, 30 G. 454 
 
 Wainsley v. Lindenberger, 2 E. 478 
 
 Ward, Archer v., 9 G. 622 
 
 Armistead v., 2 P. & H. 504 
 
 Bank Va. v., 6 M. 166 
 
 Brockenbrough v., 4 E. 35i 
 
 V. Churn, 18 G. 801 
 
 Clark v., 12 G. 440 
 
 V. Fairfax Jus., 4 M. 494 
 
 Hopkins v., 6 M. 38 
 
 V. Johnson, 6 M. 6 
 
 V. Johnston, 1 M. 45 
 
 Kownslar v., Gil. 127 
 
 V. Motter, 2 Bob. 536 
 
 Rixey v., 3 E. 52 
 
 Shelton v., 1 C. 538 
 
 V. Vass, 7 L. 135 
 
 t-. Webber, .■ 1W.274 
 
 Wardens, Hagan v., 3 G. 30 
 
 Warder, M'Guire v., 1 W. 368 
 
 Warders v. Arell, 2 W. 282 
 
 Wardsworth v. Miller, 4 G. 99 
 
 Ware v. Cary, 2 C. 263 
 
 V. M'Candlish, 11 L. 595 
 
 Knst v., 6 G. 50 
 
 Shores v., 1 Eob. 1 
 
 V, Stephenson, 10 L. 155 
 
 Stone v., 6 M. 541 
 
 V. Ware, 28 G. 670 
 
 Wame, Young v., 2 Eob. 420 
 
 Warner's Case, 2 V. C. 95 
 
 Matthews v., 29 G. 570 
 
 Warners v. Mason, 5 M. 242 
 
 Warren, Price v., 1 H. & M. 385 
 
 V. Saunders, 27 G. 259 
 
 Wartenby v. Moran, 3 C. 491 
 
 Wartman v. Yost, 22 G. 595 
 
 Warwick, Ambler v., 1 L. ^195 
 
 • Manhattan Life Ins. Co. u, 
 
 20 G. 614 
 
 V. Mayo, 15 6. 528 
 
 V. Norvell, 1 Eob. 308 
 
 11. Norvell. 1 L. 96 
 
 V. Warwick, 31 G. 70 
 
 Wash V. Commonwealth, 16 G. 530 
 
 Washburn, Levasser v., 11 G. 572 
 
 Washington's Case, 2 V. C. 258 
 
 V. Abrahams, 6 G. 66 
 
 Brent v., 18 G. 526 
 
 Brooke®., 8 G. 248 
 
TABLE OF CASES. 
 
 683 
 
 Washington, Carter v., 1 H. & M. 
 
 203 
 Carter v., 3 H. & M. 31 
 Chapman v., 4 C. 327 
 Lewis v., 5 6. 265 
 
 V. Lumpkin, 5 G. 432 
 0. Parks, 6L.581 
 
 V. Smith, 3 C. 13 
 
 Wellst)., 6 M. 532 
 
 White v., 5 G. 645 
 
 Win. & Pot. R. R. Co. 
 v., 1 Rob. 67 
 
 Wroe v., 1 W. 357 
 Wash., A. & G. R. R, Co. v. A. & W. 
 R. R. Co., 
 19 G. 592 
 , u. A. & W. 
 R. R. Co., 
 20 a. 31 
 Wash., Cin. & S. L. R. R. Co. v. Swit- 
 zer, 26 G. 661 
 Wash. City, V. M. & G. S. R. R. Co., 
 Abbott Iron Co. ■u.,33G. 
 624 
 Gibert v., 33 G. 586 
 
 Gibert v., 33 G. 645 
 
 Smith.?)., 33G. 6i7 
 
 Williamson v., 33 G. 624 
 Washington County, Va. & Ten. R. 
 R. Co. v., 30 G. 471 
 Washington & N. O. Tel. Co. v. Hob- 
 son, 15 G. 122 
 Washington Hall Asso., M'Ginnis v., 
 12 G. 602 
 Wasley, Parker v., 9 G. 477 
 
 Watkins v. Carlton, 10 L. 560 
 
 V. Crouch, 5 L. 522 
 
 Dawson v., 2 Rob. 259 
 
 V. Elliott, 28 G. 374 
 
 V. Hopkins, 13 G. 743 
 
 V. Tate, 3 C. 521 
 
 V. Taylor, 2 M. 424 
 
 V. Young, 31 G. 84 
 
 Watson V. Alexander, 1 W. 340 
 
 Bametts., fW. 372 
 
 Carters., 32 G. 115 
 
 Cleland v., 10 G. 159 
 
 V. Fletcher, 7 G. 1 
 
 Fletcher v., 7 G. 1 
 
 V. Hoy, 28 G. 698 
 
 V. Hurt, 6 Gr. 633 
 
 Jones v., 3 C 253 
 
 v.Lyle, 4L.236 
 
 V. Lynch, 4 M. 94 
 
 U.Powell, 3C.306 
 
 V. Robertson, 4 L. 236 
 
 TunneU v., 2 M. 283 
 
 V. Watson, 4 R. 611 
 
 Watts' Case, 4 L. 673 
 
 V. Christian, 3 G. 494 
 
 Watts V. Cole, 
 
 2 L. 653 
 
 V. Kinney, 
 
 3 L. 272 
 
 Umbarger v., 
 
 25 G. 167 
 
 Vawter v., 
 
 3 G. 494 
 
 Wangh V. Carter, 
 
 2 M. 333 
 
 Way, Ash v.. 
 
 2 G. 203 
 
 Way land v. Tucker, 
 
 4G,267 
 
 Wayt, Fretwell v., 
 
 1 R. 415 
 
 V. Peck, 
 
 9 L. 434 
 
 Weatherby, Fadeley v., 
 
 8 L. i9 
 
 Weaver v. Carter, 
 
 3 M. 333 
 
 Grigsby v., 
 
 5 L. 197 
 
 Marsteller v., 
 
 1 G. 391 
 
 0, Skinker, 
 
 4 G. 160 
 
 V. Tapscott, 
 
 9L.424 
 
 V. Vowles, 
 
 2 Rob. 438 
 
 Webb's Case, ' 
 
 6 R. 726 
 
 Case, 
 
 2 L. 721 
 
 V. Barbour, 4 H. &M. 462 
 
 Branch v., 7 L. 371 
 
 Clarke v., 1 C. 443 
 
 V. Council Alex., 33 G. 167 
 
 V. EUigood, J. 59 
 
 Graves v., 1 C. 443 
 
 V. M'Neil, 3 M. 184 
 
 Monroe «., 4 M. 73 
 
 Rootes v., 4 M. 77 
 
 Wood v., 1 W. 154 
 
 Webber's Case, 33 G. 898 
 
 Ward v., 1 W. 274 
 
 Webster's Case, 8 G. 702 
 
 e. Couch, 6R.519 
 
 Jackson B., 6 M. 472 
 
 Staples v., 5 C. 261 
 
 Weeden v. Bartlett, 6 M. 123 
 
 Rosenbaums v., 18 G. 785 
 
 Weil, Manhattan Ins. Co. v., 28 G. 
 
 389 
 
 Welch, Bradley v., 1 M. 284 
 
 Kean v., 1 G. 403 
 
 Martin v., 4 M. 60 
 
 Weldon's Case, 4 L 652 
 
 Lewis «., 3R.71 
 
 Wellford, Cannon v., 22 G. 195 
 
 V. Chancellor, 5 G. 39 
 
 HatorfB., 27 G. 356 
 
 Rootes v., 4 M. 215 
 
 Weller, Crawford v., 23 G. 835 
 
 Long v., 29 G. 347 
 
 Welles V. Cole, 6 G. 645 
 
 Welling's Case, 6 6. 670 
 
 Wells' Case, 3 V. C. 333 
 
 Clarke v., 6 G. 475 
 
 V. Commonwealth, 21 G. 500 
 
 D.Garland, 2 V. C. 471 
 
 Hambleton v., 4 C. 213 
 
 V. Jackson, 3 M. 458 
 
 V. Washington, 6 M. 532 
 
 V. Winfree, 2 M. 342 
 
 Welsh's Case, 2 V. C. 57 
 
684 
 
 TABLE OF CASES. 
 
 Welsh, Shelton v., 
 West V. Belches, 
 
 7 L. 175 
 
 5 M. 187 
 
 II. Blakey, 
 Cropper v., 
 V. Ferguson, 
 Humphreys v., 
 Isaac v., • 
 
 5 M. 75 
 
 4 M. 299 
 
 16 G. 270 
 
 3 E. 516 
 
 6 K. 652 
 
 V. Logwood, 
 V. Maule, 
 
 6 M. 491 
 Gil. 305 
 
 11. West, 
 
 3 R. 37;-) 
 
 Western Uu. Tel. Co. v. Eichmond, 
 
 •^6 G. 1 
 
 West Rockingham M. F. Ins. Co. v. 
 
 Streets, 26 G. 854 
 
 Westfall V. Singleton, 1 AV. 227 
 
 Wests V . Thornton , 7 G. 1 77 
 
 Wharton, Bedinger v., 27 G. 857 
 
 Scott v., 2 H. & M. 25 
 
 Whalford's Case, 4 G. 553 
 
 Whealand's Case, 1 V. C. 9 
 
 Wheatley v. Calhoun. J 3 L. 264 
 
 V. Martin, ' 6 L. 62 
 
 Wheeling Ins. Co. v. Morrison, 11 L. 
 
 354 
 Whitacre v.- M'llhaney, 4 M. 310 
 White's Case, 29 G.^824 
 
 V. Archer, , 2 V. C. 201 
 
 V. Atkinson, 2 W. 94 
 
 V. Atkinson, 2 C. 376 
 
 JJ. Bannister, 1 W. 166 
 
 Barksdale v., 28 G. 224 
 Barr v., 30 G. 531 
 
 Burchi)., 3E. 104 
 
 I V. Campbell, 13 G. 573 
 
 Clay «., 7 L. 68 
 
 V. Coleman, 6 G, 138 
 
 V. DobsoD, 17 G. 262 
 
 1). Fitzhugh, IH. &M. 1 
 Gibson v., 3 M. 94 
 
 V. Gouldin, 27 G. 491 
 
 V. Johnson, 1 W. 159 
 
 : V. Johnson, 2 M . 285 
 
 Johnson v., 8 L. 214 
 
 Johnson v., 1 H. & M. 261 
 V. Jones, 4 C. 253 
 
 V. Jones, ] W. 116 
 
 Jones v., Wy. Ill 
 
 i>. King, 5 X. 726 
 
 V. King, 32 G. 428 
 
 t». M'Gannon,, 29 G. 511 
 V. Mech. B. F. Asso., 22 G. 
 233 
 Mooresti., 3G, 133 
 
 V. Ovren, 30 G. 43 
 
 Powell v., 11 L. 309 
 
 Rice v., 4 L. 474 
 
 Saunders v., 20 G. 327 
 
 Shaver v., 6 M. 110 
 
 Stafford v., 6 G. 93 
 
 , ' Stephens v., 2 W. 203 
 
 White, 
 
 Stuart v., 
 V. Tally, 
 V. Ton Cray, 
 V. Toncray, 
 V. Turner, 
 
 25 G. 300 
 
 5C. 98 
 
 9 L. 347 
 
 5G 179 
 
 2 G. 502 
 
 V. Washington, 5 G. 645 
 
 •1-. White,^ 16 G. 264 
 
 Wbiteaere v. Rector, 29 G. 714 
 
 Whiteford's Case, 6 E. 721 
 
 II. Smith, 6 E. 612 
 
 Whitehead's Case, 19 G. 640 
 
 V. Coleman, 31 G. 784 
 
 Penn v., 17 G. 503 
 
 «). Whitehead, 23 G.376 
 
 Whiteheads, Ponn v., 12 G. 74 
 
 Whitehorn v. Hines, 1 M. 557 
 
 Whitesel v. Whitesel, 23 G. 904 
 
 Whitfield. Myers v., 22 G. 780 
 
 Whiting V. Daniel, 1 H. & M. 391 
 
 Maupin v., 1 C. 224 
 
 Pendleton «., Wy. 38 
 
 V. Rust, 1 G. 483 
 
 Stubbs v., 1 E. 322 
 
 Whitlock, Austin v., 1 M. 487 
 
 Ballard v., 18 G. 235 
 
 V. Eamsey, 2 M. 5 1 
 
 Whitlocke, Winston v., 5 C. 435 
 
 Whitney, Kendricks v., 28 G. 646 
 
 Whittington, B. & O. E. E. Co. v., 30 
 
 G. 805 
 
 V. Christian, 2 E. 353 
 
 Whittle, Tazewell v., 13 G. 329 
 
 Whittles, Hartshorne v., 3 M. 357 
 
 Whittou V. Terry, 6 L. 189 
 
 Whitworth v. Adams, 5 R. 333 
 
 V. Puekett, 2 G. 528 
 
 Wicker, Rich. & York E. E. E. Co. v., 
 
 13 G. 375 
 
 Wickham, Harvie v., 6 L. 236 
 
 Herring v., 29 G. 628 
 
 II. Lewis, 13 ('. 427 
 
 Wicks' Case, 2 V. C. 387 
 
 Wieland, Sites v., 5 L. 80 
 
 Wigglesworth v. Steers, 1 H. & M.70 
 
 Wight, Grantland v., 2 M. 179 
 
 Grantlamd v., 5 M. 295 
 
 Wightman, B. & O. E. E. Co. v., 29 
 
 G. 431 
 
 Wilcox, Brooks v., 11 G. 411 
 
 V. Calloway, 1 W. 38 
 
 V. Hubard, 4 M. 346 
 
 V. Pearman, 9 L. 144 
 
 II. Kootes, 1 W. 140 
 
 Wild 1). Serpen, 10 G. 405 
 
 Wilde V. Fox, 1 R. 165 
 
 Wilders v. Chambliss, 6 M. 432 
 
 Wildy's Case, 2 V. O. 69 
 
 Wiley V. Givens, 6 G.'277 
 
 Xompkins v., 6 E. 242 
 
 Wilkeison v. Allan, 23 G. 10 
 
TABLE OF CASES. 
 
 685 
 
 "Wilkes r. Jackson, 2 H. Sc M. 355 
 
 Wilkins v. Gordon, 11 L. 547 
 
 V. Taylor, Wy. 3: 8 
 
 V. Taylor, 5 C. 150 
 
 V. Woodfin, 5 M. 183 
 
 Wilkinson v. Bennett, i 3 M. 814 
 
 Bir.l v., 4 L. 266 
 
 Blackwell v., J. 73 
 
 Cutchin v., 1 0. 3 
 
 De Ende v., 2 P. & H. 663 
 
 Early v., 9 G. 68 
 
 Franklin v., 3 M. 113 
 
 Friend v., 9 G. 31 
 
 Hale v., 21 G. 75 
 
 V. Hendrick, 4 C. 12 
 
 V. Holloway, 7 L. 277 
 
 Hunt v., 2 C. 49 
 
 i). Jett, 7L.115 
 
 V. M'Lochlin, 1 C. 49 
 
 V. Mayo, 3 H. & M. 565 
 
 V. Oliver, 4 H. & M. 450 
 
 Willard i'. Overseers Poor, 9 G. 139 
 
 William & Mary Col., Bracken v., 1 
 
 C. 161 
 
 Bracken v., 3 
 
 C. 573 
 
 V. Hodgson, 2 
 
 H. & M. 557 
 
 V. Hodgson, 6 
 
 M. 163 
 
 V. Muse, 2 H. 
 
 & M. 557 
 
 V. Powell, 12 
 
 G. 372 
 
 Williams' Case, 1 V. C. 14 
 
 Case, 2 G. 567 
 
 Case, 5 G. 702 
 
 Case, 27 G. 997 
 
 Bierly v., ' 5 L. 700 
 
 Britton v., 6 M. 453 
 
 Calhoun v., 32 G. 18 
 
 V. Cajnpbell, 1 W. 153 
 
 Clay«., 2M. 105 
 
 CoekrellD., 12 L. 508 
 
 V. Donaghe, 1 E. 300 
 
 V. Givens, 6 G. 268 
 
 Haleys v., 1 L- 140 
 
 V. Howard, 3 M. 277 
 
 V. Jacob, Wy. 145 
 
 Jones u.,- 1 W. 230 
 
 Jones v., 2 C. 102 
 
 Jordan v., 3 E. 501 
 
 Kinniard v., 8 L. 400 
 
 Knisely «., 3 G. 253 
 
 V. Lewis, 5 L. 686 
 
 WCiscwv., 33 G. 510 
 
 V. Manuel, 1 Bob: 639 
 
 Mason v., 3 M. 126 
 
 Miller v., 15 G. 213 
 
 i;. Moore, 3 M. 310 
 
 Williams, Pattoii v., 3 M. 59 
 
 Phillips v., 5 G. 259 
 
 Pidgeoni!.,. 21 G. 251 
 
 Pitzer v., 2 Bob. 241 
 
 V. Price, 5 M. 507 
 
 Eobertson v., 5 M. 381 
 V. Skinker, 25 G. 507 
 
 V. Snidow, 4 L. 14 
 
 V. Stonestreet, 3 E. 559 
 V. Striekler, 3 C. 230 
 
 V. Williams, 11 G. 95 
 
 Williamson's Case, 2 V. C. 211 
 
 Case, 4 G. 554 
 
 Case, 4 G. 547 
 
 V. Appleberry, 1 H. & 
 M. 206 
 V. Beckham, 8 L. 20 
 V. Bowie, 6 M. 176 
 
 V. Childress, 4 H. & M. 
 449 
 V. Coalter, 14 G. 394 
 V. Crawford, 7 G. 202 
 V. Farley, Gil. 15 
 
 V. Gayle, 4 G. 180 
 
 V. Gayle, 7 G. 152 
 
 V. Goodwin, 9 G. 503 
 V. Gordon, 5 M. 257 
 Greensville Jus. v., 12 
 L. 93 
 V. Howard, 2 Bob. 39 
 V. Ledbetter, 2 M. 521 
 V. Massey, 33 G. 237 
 V. Paxton, 18 G. 475 
 V. Wash. C. & G. S. K. 
 E. Co., 33 G. 624 
 Willing, Braxton v., 4 C. 288 
 
 Willis' Case, 32 G. 929 
 
 Bunting v., 27 G. 144 
 
 Flemings v., - 2 C. 5 
 
 Haxall v., 15 G. 434 
 
 Isler v., 1 P. & H. 43 
 
 M'Williams v., 1 W. 199 
 
 Willock V. Eiddle, 5 C. 358 
 
 Willoughby v. Thomas, 24 G. 52 1 
 Wills, Barrett v., 4 L. 114 
 
 V. Dunn, 5 G. 384 
 
 V. Spraggins, 3 G. 529 
 
 Willson, Poaa;e v., 2 L. 490 
 
 Wilmoth, Hogan v., 16 G. 80 
 
 Wilson's Case, 9 L. 648 
 
 V. Alexander, 9L. 45& 
 
 Bank Marietta v., 2 B. 465 
 ■ V. Bank Mt. Pleasant, 6 L. 
 570 
 V. Barclay, 22 G. 534 
 
 Beale v., 4 M. 380 
 
 V. Bell, 7 L. 22 
 
 Blair v., 28 G. 165 
 
 Brown v., 4 H. & M. 481 
 ». Buchanan, 7 G. 334 
 
686 
 
 TABLE OF CASES. 
 
 Wiison V. Burfoot; 2 G. 134 
 
 V. Butler, 3 M. 559 
 
 V. Caldwell, 2 R. 190 
 
 Chapman v., 1 Eob. 267 
 
 V. dies. & O. E. R. Co., 21 
 
 G. 654 
 
 Colhoun v., 27 G. 639 
 
 V. CrowdhiU, 2 M. 302 
 
 V. Daggs, 8 L. 681 
 
 V. DavisBon, 2 Rob. 384 
 
 V. DaviBson, 5 M. 178 
 
 Donally «., 5 L. 329 
 
 Gayle v., 30 G. 166 
 
 V. Graham, 5 M 297 
 
 Hammock v., 2 V. C. 321 
 
 Hanna v., 3 G. 232 
 
 Hite v., 2 H. C& M. 268 
 
 Hooe v., 5 C. 61 
 
 V. Isbell, 5 C. 425 
 
 V. Jackson, 6 L-. 102 
 
 Johnston v., 29 G. 379 
 
 V. Keeling, 1 W. 194 
 
 Lacy v., 4 M. 313 
 
 Lancaster v., 27 G. 624 
 
 V. Lazier, 11 G. 477 
 
 Lyne v., 1 K. 114 
 
 V. Miller, 1 P. & H. 353 
 
 Newton v., 3 H. & M. 470 
 
 Purcell v., 4 G. 16 
 
 ■v. Rucker, Wy. 296 
 
 V. Rucker, 1 C. 500 
 
 ScatesD., 9L. 473 
 
 V. Shackleford. 4 E. 5 
 
 V. Shelton, 9 L. 342 
 
 17. Smith, 22 G. 493 
 
 V. Spencer, 1 E. 76 
 
 Spencer v., 4 M. 130 
 
 V. Spencer, " - 11 L. 261 
 
 V. Stephenson, 2C. 213 
 
 V. Stokes, 4 M. 455 
 
 Stone v., 10 G. 529 
 
 II. Triplett, 4 H. & M. 433 
 
 V. Triplett, 6 C. 47 
 
 Tyree v., 9 G. 59 
 
 Vaughan » , 4 H. & M. 452 
 
 Vaughan v., 4 H. & M . 480 
 
 V. "Wilson, 1 H. & M. 16 
 
 Wilton, Poindexter v., 3 M. 183 
 
 "Wimbish v. Gross, 7 L. 331 
 
 Somerville v., 7 G. 305 
 
 Winchester v. Bank Alex., 2 M. 339 
 
 Winchester Build. Asso. v. Gilbert, 
 23 G. 787 
 
 Winchester & Pot. E. E. Co., Stridor 
 D.,21G.440 
 
 Winchester &Pot. R. E. Co. v. Waah- 
 uigton, 1 Eob. 67 
 
 Winchester & Stras. E. E. Co. v. Col- 
 fert, 27 G. 777 
 
 Winckler, Vaughan v., 4 M. 136 
 
 Windell, Sexton v., 
 Winder v. Eddy, 
 Windrura v. Parker, 
 Windsor's Case, 
 Wine V. Mark wood, 
 Winfroe, Mayo v., 
 Nowlin v., 
 Wells '!)., 
 
 23 O. 534 
 
 1 W. 87 
 
 2 L. 361 
 4 L. 680 
 31 G. 43 
 2 L. 370 
 8 G. 346 
 2 M. 34 i 
 
 Wingfield v. Crenshaw, 3 H. & M. 245 
 
 1). Crenshaw, 4 H.&M. 474 
 
 Jincey v., 9 G. 708 
 
 Supervisors Bedford v , 27 
 
 G. 329 
 
 Winn V. Bob, 3 L. 140 
 
 V. Bowles, 6 M. 23 
 
 V. Jones, 6 L. 74 
 
 Winslow's Case, 2 H. & M. 459 
 
 V. Beal, 6 C. 44 
 
 Braxton v., 4 C. 308 
 
 Braxton v., 1 W. 31 
 
 Dawson v., Wy. 114 
 
 D.Dawson, IW. 118 
 
 Winston's Case, 5 R. 546 
 
 Case, 2 G. 290 
 
 ■ Allen v., 1 R. 65 
 
 Anderson v., J. 24 
 
 Austin v., 1 H. & M.-33 
 
 Bullitt v., 1 M. 269 
 
 Campbell v., 2 H. & M. 10 
 
 D.Campbell, 4 H.&M. 477 
 
 V. Francisco, 2 W. 187 
 
 V. Giles, 27 G. 530 
 
 Gregory v., 23 G. 102 
 
 V. Johnson, 2 M. 305 
 
 V. Midlothian Coal Min. 
 
 Co., 20 G. 686 
 
 1). Overseers Poor, 4 C. 357 
 
 PageD., 2M. 298 
 
 Price v., 4 M. 63 
 
 PuUiam v., 5 L. 324 
 
 Read v., 4 H. & M. 450 
 
 Eedford v., 3 E. 148 
 
 V. Rosson, 3 L. 12 
 
 V. Starke. 12 G. 317 
 
 V. Street, 2 P. & H. 169 
 
 Thornton v., 4 L. 152 
 
 Walden v., 9 L. ICO 
 
 V. Whitlocke, 50. 435 
 
 Wise, Baker v., 16 G. 139 
 
 Cooke v., 3 H. & M. 463 
 
 V. Craig, 1 H. & M. 578 
 
 Herbert v., 8 C. 239 
 
 V. Lamb, 9 G. 294 
 
 M'Clintio v., 25 G. 448 
 
 V. Rogers, 24 G. 169 
 
 Wiseley v. Findlay, 3 E. 361 
 
 Wisors, Grubbs v., 32 G. 127 
 
 Wissler, Brumbaugh v., 25 G. 463 
 
 Witherinton ». M'Donald, 1 H. & M. 
 
 806 
 
TABLE OF CASES. 
 
 687 
 
 Withers v. Carter, 
 
 4 G. 407 
 
 Coles v., 
 
 33 G. 186 
 
 V. Fuller, 
 
 30 G, 547 
 
 Governor v.. 
 
 5G. 24 
 
 V. Hestend, 
 
 5 G. 456 
 
 V. "Withers, 
 
 6 M. 10 
 
 Wohlford, Mustard i'., 
 
 15 G. 329 
 
 Wolf's Case, 
 
 30 G. 833 
 
 Wolfe, Ammon ti.. 
 
 25 G. 621 
 
 Carter v., 
 
 13 G. 301 
 
 Daimsdatt v., 4 H. & M. 246 
 
 Womack v. Circle, 29 G. 192 
 
 V. Circle, 32 G. 324 
 
 Wood's Case, 4 R. 329 
 
 V. Boughan, 1 C. 329 
 
 Braxton v., 4 G. 25 
 
 V. Davis, 1 W. 69 
 
 V. Depriest, 5 G. 6 
 
 V. Duval, 9 L. 6 
 
 V. Garnett, 6 L. 271 
 
 Hays v., 4 E. 272 
 
 V. Hudson, 5 M. 423 
 
 A>. Humphreys, 12 G. 333 
 
 Hyers v., 2 C. 574 
 
 V. Krebbs. 30 G. 708 
 
 V. Krebbs, 33 G. 685 
 
 V. Luttrel, 1 C. 232 
 
 Mason v., 27 G. 783 
 
 Newell v., 1 M. 555 
 
 V. Sampson, 25 G. 845 
 
 Saunders v., 1 M. 406 
 
 V. Shepherd, 2 P. & H. 442 
 
 Slack »., 9 G. 40 
 
 V. Webb, 1 W. 154 
 
 Woodcock, Carnagy v., 2 M. 234 
 
 Dunbar v., 11 L. 628 
 
 Wooddy V. Floumoy, 6 M. 506 
 
 V. O. D. Ins. Co., 31 G. 362 
 
 Woodfin, Wilkins v., 5 M. 18S 
 
 Woodford, Anderson v., H L. 316 
 
 V. Pendleton, 1 H. & M. 
 
 303 
 
 Woodhonse, Dykes v., 3 K. 287 
 
 Wooding, Coles v., 2 P. & H. 189 
 
 Terry v., 2 P. & H. 178 
 
 Woodley v. Abby, 5 C. 336 
 
 Woodlief, Quesnel f., 6 C. 218 
 
 Wyatt v., 1 L. 473 
 
 Woods, Friend v., 6 G. 189 
 
 Friend v., 9 Cr- 37 
 
 Hairstonu., 9 L 308 
 
 V. Macrae, Wy. 253 
 
 M'Rae v., a W. 80 
 
 M'Kaei)., 1 H. & M. 548 
 
 Pinckarde., 8 G. 140 
 
 Thurmond v., 27 G. 727 
 
 Woodson's Case, ^» Von 
 V. Barrett, 2 H. & M. 80 
 
 Bowles v., 6 G. 78 
 
 Graham v., 2 C. 249 
 
 Woodson V. Johns. 3 M. 230 
 
 Matthews v., 2 Rob. 601 
 
 V. Payne, 1 C. 570 
 
 V. Perkins. 5 G. 345 
 
 V. Randolph, 1 V. C. 128 
 
 Stovall v., 2 M. 303 
 
 V. Woodson, Wy. 129 
 
 Woodward v., 6 M. 227 
 
 Woodville,.Eoss »., 4 M. 324 
 
 Woodward v. Foster, 18 6. 200 
 
 Nance v., Wy. 180 
 
 «. Woodson, 6M. 227 
 
 Woody's Case, 29 G. 837 
 
 V. Ellison, 6 M. 368 
 
 Wooldridge, Heth «., 6 B. 605 
 
 Phaup v., 14 G. 332 
 
 Woolfolk, Shadrack v., 32 G. 707 
 
 Wooten V. Brag, 1 G. 1 
 
 Wootten V. Wootten, 2 P. & H. 494 
 
 Wootton V. Redd, 12 G. 196 
 
 Word's Case, 3 L. 743 
 
 Wormley's Case, 8 G. 712 
 
 Case, 10 G. 658 
 
 Worrell, Coltrane v., 30 G. 434 
 
 Worsham «. Eggleston, 1 C. 48 
 
 V. Hardaway, 5 G. 60 
 
 V. M'Kenzie, 1 H. & M.342 
 
 V. Worsham, 5 L. 589 
 
 Wortham's Case, 5 R. 669 
 
 Harrison v., 8 L. 296 
 
 Jas. R. AK. Co...., 16G. 
 424 
 
 ■V. Smith, 15 G. 487 
 
 Wren's Case, 25 G. 989 
 
 Case, 26 G. 952 
 
 Roper v., 6 L. 38 
 
 Wrenn v. Thompson, 4 M. 377 
 
 Wright's Case, 2 Rob. 800 
 
 Case, 19 G. 626 
 
 Case, 32 G. 941 
 
 Case, 33 G. 880 
 
 Antoni v., 22 G. 833 
 
 BuTchard v., 11 L. 463 
 
 V. Cohoon, 12 L. 370 
 Dawney v., 2 H. & M. 12 
 
 V. Daymey, 3 H. & M. 259 
 
 Duncan v., 11 i'- 542 
 
 Greers v., 6 6. 154 
 
 V. Hencock, ' 3 M. 521 
 
 Hoskins v., 1 H. & M. 378 
 
 V. Michie, 6 G. 354 
 
 Pratt i>., 13 G. 175 
 
 ■V. Pucket, 22 G. 370 
 
 V. Rambo, 21 G. 158 
 
 Robertson v., 17 G. 534 
 
 V. Smith, 22 G. 833 
 
 V. Stockton, 5 L. 153 
 
 Straughan v., 4 R. 493 
 V. Wright, 4 H. & M. 452 
 Wrights, Hudgins v., 1 H. & M. 134 
 
688 
 
 TABLE OP CASES. 
 
 Wrights V. Oldham, 8 L. 306 
 
 Wrightsman v. Bowyer, 24 Gr. 433 
 
 Wroe V. Harris, 2 W. 126 
 
 V. Washington, 1 W; 357 
 
 Wroten v. Armat, 31 G. 228 
 
 Buck v., 24 G. 250 
 
 Wyatt's Case, 6 R. 694 
 
 Bland »., 1 H. & M. 543 
 
 Jordan v., 4 G. 151 
 
 Lewis v., 2 E. 114 
 
 V. Muse, 1 M. 183 
 
 V. Sadler, 1 M. 537 
 
 V. Woodlief, 1 L. 473 
 
 Wvnn v., 11 L. 584 
 
 Wyche v. Harwell, 2 R. 426 
 
 V. Macklin, 2 R. 426 
 
 Wyeth V. Mahoney, 32 G. 645 
 
 Wyld, Ambler v., Wy. 235 
 
 Ambler v., 2 W-. 36 
 
 Wyllie V. Venable, 4 M. 369 
 
 Wynn«. Carrell, 2 G. 227 
 
 V. Harman, 5 G. 157 
 
 V. Scott, 7 L. 63 
 
 ■tf. Wyatt, 11 L. 584 
 
 V. Wynn, 8 L. 264 
 
 Wynne, Elys v., 22 G. 224 
 
 Wysong, Kretzer v., 5 G. 9 
 
 Wysor's Case, 6 G. 711 
 
 Yancey, Christian v., 2 P. & H. 240 
 
 V. Fenwick, 4 H. & M. 423 
 
 Hamsberger «., 33 G. 527 
 
 Hobson v., 2 G. 73 
 
 V. Hopkins, 1 M. 419 
 
 V. Lewis, 4 H. & M. 390 
 
 e. Mauck, 15 G. 300 
 
 May v., 4 L. 362 
 
 Teel v., 23 G. 691 
 
 Yarborough, Knight v., 4 E. 566 
 
 , V. Deshazo, 7 G. 374 
 
 Yarbrongh, Knight v., Gil. 27 
 
 Taylor v., 13 G. 183 
 
 Yarnalls, Sights v., 12 G. 292 
 
 Yates, Bartley v., 2 H. & M. 398 
 Commonwealth v., 9 G. 693 
 
 Yeager ex pe/rte, 9 ^- *'"'' 
 
 V. Carpenter, 8 L. 454 
 
 Yeaton v. Bank Old Dom., 21 G, 593 
 
 Parmer v., 
 V. Payne, 
 V. Eogers, 
 1). Salle, 
 Sallee v.. 
 Southern M. 
 
 23 G. 145 
 4 H. & M. 412 
 
 24 G. 172 
 Wy. 168 
 1 W. 226 
 
 Ins. Co. V,, 28 G. 
 585 
 
 Yerby, Beane v._ 
 V. Grigsby, 
 V. Lynch, 
 V. Yerby, 
 
 Yost, Wartman v.. 
 
 Young's Case, 
 Case, 
 Case, 
 Case, 
 Case, 
 ®. Barner, 
 Booker v., 
 Brooke »., 
 ■v. Cabell, 
 V. Devries, 
 V. Gooch, 
 V. Gregorie, 
 V. Highland, 
 Hoyle v., 
 V. Johnston, 
 V. M'Clung, 
 M'Key v., 
 M'Nutt v., 
 V. Price, 
 V. Scott, 
 V. Skipwith, 
 Skipwith v., 
 V. Thweatt, 
 V. Tass, 
 V. Warne, 
 Watkins v.. 
 
 12 G. 239 
 9 L. 387 
 3 G. 439 
 
 3 C. 334 
 22 G. 595 
 
 9 L. 638 
 
 1 Rob. 774 
 
 2 V. C. 328 
 
 4 G. 550 
 15 G. 664 
 
 27 G. 96 
 12 G. 303 
 
 3 E. 106 
 27 G. 761 
 31 G. 304 
 
 2 L. 596 
 
 3 C. 446 
 9G. 16 
 
 1 W. 150 
 
 10 G. 269 
 9 G. 336 
 
 4 H. M. 430 
 8 L. 542 
 
 2 M. &34- 
 
 4 R. 415 
 2 W. 300 
 
 5 M. 276 
 12 G. 1 
 
 1 P. & H. 167 
 
 2 Eob. 420 
 
 31G. 84 
 
 Zane, Johnston v., 
 
 Prentice v., 
 
 Vathir v., 
 
 V. Zane, 
 
 V. Zane, 
 Zeluff, Corbell v., 
 Zetelle v. Myers, 
 Myers v., 
 Pizzinl v., 
 Zimmerman v. Buzzard, 
 Zink, Reynolds v., 
 Zirkle v. M'Cue, 
 Zollman v. Moore, 
 Zumbro, Grove v. 
 
 11 G. 552 
 2 G. 263 
 6 G. 246 
 
 2 V. 0. 63 
 6 M. 406 
 
 12 G. 226 
 19 G. 62 
 
 21 G. 733 
 21 G. 733 
 2 V. C. 406 
 27 G. 29 
 26 G. 517 
 21 a. 313 
 14 G. 501