Reports of Cases Determined in the Appeal and Chancery Divisions and Selected Cases in the King's Bench and at Chambers of the Supreme Court of New Br (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1850 Excerpt: ... " the tcords after the and conclude as follows--) and this de" ponent further suit li, that he verily believes that at the time " of such service the defendant was within the Province." (The clause between brackets may be omitted in the service of summary writ"'-) II. It Is Further Ordered, That in order to entitle the plaintiff to an order for making a service at the dwelling good service, the writ or process shall be delivered to the sheriff of the County into which it is issued for service, and that such service be effected, and the affidavit thereof made by the sheriff, or his general or special deputy. III. It Is Further Ordered, That these rules shall apply mutatis mutandis to writs directed to the coroner. IV. It Is Further Okdeked, That these rules apply to every writ or process issued after the end of the present term. ABANDONMENT. Real estate of an intestate sold by admi-nistrators under a license, was pur-chased by a creditor, but the family of the intestate remained in possession, and made the creditor some payments on account; ten years afterwards he sued the administrators for his debt, and they to settle the suit executed a con-veyance to him according to his pur-chase: Semble, that as it did not appear that the creditor continued bound by his purchase during the ten years, such conveyance, without the concurrence of the heir, was improper. Doe v. Read. Page 680 ABATEMENT. See Former Recovery. ABSCONDING DEBTOR. The trustees of the estate of an abscond ing debtor appointed under the act 26 Geo. 3, c. 13, have a right to sell and convey the real estate of the debtor, though they have never taken possession. Doe v. M'Guire. 612 A conveyance from an absconding debtor which is found to be fraudulent and void, cannot defeat the title of the trust...