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Page:United States Reports, Volume 2.djvu/189

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Sowumt Counr or Pau;/ylvamiri r83 lefshenegleéts to pay it on demand. As there is no proof of I792. demand inthis cafe, it muil be calculated only from the com- V�`J _ mencement of the aélion. ‘ W1-urs veg/ur Lrnerr. HE defendant moved to put ol? the trial on an affidavit, that an attorney of this Court, was a __material witnefs. e had not been jiabpcermlg but had promifed the defendant to at- tend ; and had left town a few days ago. Under thefe circumltances, ·rm=. Coun? did not think a jid- pm necediary to entitle the defendant to put off the trial. BLoom=1E1.¤ veyiu Brmmtx. ICHARD BUDDEN devifes, after payment of debts, a houfe to his wife for life, remainder to james and Sq/hn- na, ischildren. The widow and children afterwards mort- gage this property to the plaintiff for the proper debt of anu:. The plaintiff fueslout a foieri fzciiu, and, after fale of thejhoufe, _ and fatisfaélion of the mortgage monies, the furplus was brought into Court, to be difpofed of as the Court fhould dire&. Under thefe circumltauces, M. Levy contended, that this debt, which fame.: owed to the widow, was tobe conlider- ed as a lien on the houfe, and that the furplus {hould be paid to her a%lut:{1. Doug. 133. 2 BI. RQ. 949- 2 V 622. .Bro·wn. Cb. 421. Equity favors liens. A faétor has a lien for his rgeneral balance. 4 Burr. 2220. ms Cormrr ordered that the money be paid the widow, {he giving fecutrit , that her executors, or adminiltrators, {hould ac- count for it, afier her death, to thofe in remainder. And in cafe · fuch fecurity was not given, then that the moneybe paid to thofc in remainder, they giving fecurity to pay the annual interelt there- · of, to the widow during her natural life." · Scorr vnjw M‘KI$SON. THIS wasnfpecial efamjft, on the part of the defendant, to make up the depreciation of a certain fum of money, paid by him to the plaintilf’s agent, if the plaintilhefufed to re- ceive

  • This `latter rule had been adopted by the Court of Common

Pleas, inthe cali: of -l}’l·i:ebei! umu: Hourron.