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by the rules has expired, he must state in his application what he expects
to be able to prove by the witnesses he seeks leave to examine. Id., 384
to make as strong a case, as a defendant to set aside a default. Id., 384
relating to the proceedings in a cause, but require all agreements to con-
the latter attended and cross-examined witnesses, it was held to be a waiver
given within the thirty days required by rule 50, and the examination of a
VII. Hearing and rehearing.
34 Where the complainants under the statute of 1840, in order to obtain the
decree sought, were required to substantiate their own title, held, that the
but a satisfactory excuse must be given for the failure to prove it before
documents which prove themselves. But to entitle a party to use such
Reference to Master, Report and erceptions.
38. Where, on a reference to a Master to ascertain the amount due on a mort-
gage, the mortgagor appeared before the Master, and at first refused to
out and deliver to the party requiring it, a certificate stating briefly the
Court may review his decision with as little delay as possible. Id., 19
to an erroneous conclusion, either of law or fact, on the whole or some part
may be set aside for irregularity, on motion. In such case an order should
way of bringing the question before the Court, is by exception to the Mas-
should put them in issue by plea or answer, and neglecting this, he is pre-
to correct it is by motion to the Court for an order compelling him to re-
in the summons itself, or form a part of the underwriting, where the lat-
and objected to his proceeding, on the ground that no time had been fixed
is not necessary to serve a copy of such order on defendant with the Mas-
ter's summons, but he is bound to take notice of it without service. Id., 357
not transfer the proceedings to another Master to be completed. Bishop
Master to take proof of the material facts in the bill, he must report his
opinion on them, with the testimony taken. Emmons v. Emmons, 532
by the parties; and the Master, in addition to the questions asked by com-
AND WARD, 3. INJUNCTION, 1, 2, 3, 4, 5, 10, 12. JUDGMENT CREDI-
See ASSIGNMENT, 2, 3. MORTGAGE, 9.
1. To cut off the equities of the original parties to a promissory note, in the
hands of a third person, the holder must not have received it in payment
due, unless the contrary is shown by production of the note, or other evi-
See JURISDICTION, 3. MORTGAGE, 10, 29, 32.
See CONSTRUCTION, 5.
See JUDGMENT CREDITOR's Bill, 17, 20, 21, LACHES. 2. MORTGAGE, 17.
See PRACTICE, 35.
1. The registry of an instrument not required by law to be recorded, is notice
not declare that a deed shall be void, or that the title to land shall not pass
avoid the effect of a subsequent conveyance first recorded, to show that the
recorded, is a bona fide purchaser without notice, until the contrary is
See MORTGAGE, IV.
STATUTE OF FRAUDS.
The delivery of possession under an agreement, is an act of part performance.
STATUTES COMMENTED ON AND EXPLAINED.
1. Revised Statutes, p. 378, § 117. Albany City Bank v. Steerens, 6
rations. Ittorney General v. Oakland County Bank,
STATUTES COMMENTED ON AND EXPLAINED.-Continued.
See JURISDICTION, 7.
Where a surety, whose property had been levied on, paid a judgment confessed
by himself and principal for a usurious loan, with a knowledge of the usury,
See DEBTOR AND CREDITOR, 3. MORTGAGE, 10.
See PRACTICE, VI.
When a treaty makes no special provision for deciding questions of individ-
ual identity, they must be decided by the judicial tribunals of the coun-
See EvIDENCE, 5. FRAUD, 1. LANDS AND LAND TITLES, 2, 3, 4.