Where an account has been settled by arbitrators, and a bond and mort.
gage given for the sum awarded to be due, the court will not, except
in case of gross wrong, permit the account to be re-investigated, or
the validity of the award to be contested. Johnson's Ex'rs v.
Ketchum,
ADMINISTRATORS. Vide EXECUTORS AND ADMINISTRATORS.
ADMINISTRATOR'S BOND. Vide PREROGATIVE COURT, 4-7.
ADULTERY. Vide EVIDENCE, 8, 9.
1. Equity will decree the specific performance of a parol agreement for
the sale of land, if the purchase money has been paid, possession of
the land taken by the purchaser, and improvements made thereon.
Casler v. Thompson,
2. Where a party's residence is in one state, and his place of business
in another, the presumption is that his contracts are made rather at
Varick's Ex'r
his place of business than at his place of residence.
v. Crane,
3. In the absence of any direct evidence of the place in which the
contract was made, the money advanced, or the papers delivered, the
presumption obtains that the contract was made at the place where
the person lives who is to receive the money, or where the contract
is to be performed; and this presumption is not overcome by the fact
that the obligee lived in another state, and that the bond and mort-
gage were made and executed, and the mortgage recorded there. ib.
4. If a contract is susceptible of two constructions, that should be
adopted which will render it operative, rather than that which will
render it void.
5. The time specified for the payment of a bond may be enlarged by
141
parol. Vanhouten v. McCarty,
The specific performance of a contract will be decreed against ≈
subsequent purchaser of the bargained premises having knowledge of
the complainant's equitable title. The New-Barbadoes Toll Bridge
Co. v. Vreeland,
157
7. If the contract is several, it is no ground of objection that the con.
tract made by the complainant with divers defendants, be described
in the bill of complaint as a contract between the complainant and
defendant, without reference to the other parties.
ib.
8. Mere lapse of time constitutes in itself no bar to a decree for specific
performance.
ib.
9. If the delay, under the circumstances, amounts to an abandonment
of the contract, relief will be denied.
10. Under an agreement made by a landholder with a turnpike compa.
ny to grant land for the use of the road, upon condition that the road
is located on a particular route, a covenant to grant so much-land as
the road should occupy, and to execute a good and sufficient deed for
the same, will be construed to mean a deed in fee simple, and not
merely for the term of the company's charter.
ib.
11. Specific performance of a contract for the conveyance of land de-
creed after the lapse of twenty-three years, the vendee having been
in possession.
it.
12. Where one party signs an agreement to do certain acts, after the
other shall have performed on his part conditions which are prece.
dent-the conditions being performed, equity will decree a specifie
performance against the party who signed the agreement. Laning
v. Cole,
13. There is mutuality in the terms of such an agreement.
14. Where one party only is bound by the contract, and nothing has
been done under it, will equity decree a specific performance?—
Quere.
ib.
15. Premises purchased at sheriff's sale and conveyed to the purchaser
under a parol agreement to permit the defendant in execution to re-
deem, ordered to be reconveyed. Combs v. Little,
310
16. If a contract for the sale of real estate is silent as to the kind of
funds in which payment is to be made, and the vendor by her con-
versation at the time of executing the contract justifies a belief on the
part of the vendee, that specie will not be demanded, this is a suffi.
cient excuse on the part of the vendee for not tendering specie on
the day specified for the payment. Pickle v. Auble,
315
17. Under such circumstances, a demand of specie on the day of pay.
ment by the vendor, and a refusal on her part to allow the vendee
reasonable time to procure it, will not defeat the complainant's right
to a specific performance of the contract, especially after his being
in possession and making improvements on the property.
ib.
18. Nor will the right of the vendee to a specific performance be de.
feated by his promise to accept a lease from the vendor, under the
impression that his right to demand a deed was lost by the conduct
of the vendor in demanding specie, and his inability to pay it.
Vide HUSBAND AND WIFE, 1—4.
Public policy forbids the disturbance of rights ancient and well settled
by the practice of the parties in interest. Sheppard v. . Hunt,
ANSWER. Vide PLEADING, III.
APPEAL. Vide ORDINARY AND SURROGATES, 21.
ASSIGNMENT AND ASSIGNEE. Vide MORTGAGE, II.
ASSOCIATE REFORMED CHURCH. Vide RELIGIOUS SOCIETY.
ATTACHMENT (FOR CONTEMPT.) Vide PRACTICE, IV.
1. If arbitrators are not sworn, the whole proceeding is utterly void.
Combs v. Little,
310
2. After an award has been executed, the court will not set it aside up-
on the ground that the arbitrators were not sworn. Johnson's Ex'rs
v. Ketchum,
3. Where an account has been settled by arbitrators, and a bond and
mortgage given for the sum awarded to be due, the court will not,
except in case of gross wrong, permit the account to be re-investi-
gated, or the validity of the award to be contested.
BANKS. Vide FRAUD, 1-3, 7.
BILL. Vido PLEADING, II. PRACTICE, I.
BONA NOTABILIA. Vide ORDINARY AND SURROGATES, 7.
The time specified for the payment of a bond may be enlarged by parol.
Vanhouten v. McCarty,
Vide HUSBAND AND WIFE, 10, 11. PREROGATIVE COURT, 4-7.
1. A caveat is incident to all ecclesiastical courts, and prevents the
case from being proceeded in without the caveator being heard. Ex
parte Coursen,
2. It is a general rule, that all persons who may be injured by admit-
ting a will or codicil to probate, may caveat against it.
CONSTITUTIONALITY OF LAWS. Vide PLEADING, 21.
CONTRACT. Vide AGREEMENT.
1. By the eighth section of the charter of "The Camden and Wood.
bury Railroad and Transportation Company," it is provided "that the
said corporation shall pay or make tender of payment of all damages
for the occupancy of the lands through which the said road may be
laid out, before the said company, or any person in their employ,
shall enter upon or break ground in the premises, except for the
purpose of surveying said route, unless the consent of the owner or
owners of such land be first had and obtained." By the ninth
section of the charter it is further provided, "that in case the com-
pany and the owners of land cannot agree as to the price, commis-
sioners shall be appointed to assess the value of the said land, and
the damages sustained by the owner; and if either party shall feel
aggrieved by the decision of the commissioners, such party may ap.
peal to the court of common pleas of the county, who shall have
power to hear and adjudge the same, and if required to award a ve-
nire for a jury before them to hear and finally determine the same."
Held, that if the value of the land and damages be ascertained by
commissioners, and an appeal be taken from their decision, the com.
pany cannot, pending the appeal, by tendering the amount awarded
by the commissioners, acquire a right to enter upon the land, except
for the purpose of surveying the route. Browning v. Camden and
Woodbury Railroad Co.
47
2. The right to appeal from the decision of the commissioners is un-
conditional, and requires no cause to be shown.
ib.
3. The very act of appealing, sets aside the report of the commission-
ers, and the question of the value of the land and damages is thereby
left entirely open.
ib.
4. By the term occupancy, in the eighth section, is meant all the right
or interest which the company could acquire in the land for the pur.
poses contemplated by the act.
ib.
5. If the company claim a right to enter upon land under color of law,
without having complied with the requirements of that law, a court
of equity will restrain their entry by injunction.
Vide FRAUD (by Incorporated Companies.)
1. Costs disallowed to a successful party, on the grounds that his own
unlawful act led to the controversy, and that great and unnecessary
expense was occasioned by the examination of numerous witnesses.
Shields v. Arndt,
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