Institutes of the Jurisdiction And of the Equity Jurisprudence And Pleadings of the High Court of Chancery : With Forms Used in Practice And With a Concise View of the Equity Jurisdiction of the County Courts

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29 Car, II. c. 3, makes a fee simple («) 2 C. A. 385.
156 COMMEECIUM.
descending from a cestui que trust assets, 3 & 4 Wm. & Mary, c. 14, and 11 Geo. IV. & 1 WUl. IV.
c. 47, makes devisees liable to be charged in the same manner as, and jointly with, the heir ; and entitles a creditor, bringing an action at law for that purpose, to make the devisee a joint defendant with the heir, or to sue the devisee alone where there is no heir liable. The devisees of an equit- able estate are within the sta
...tute, and an alienee with notice is bound, and a conveyance to new trus- tees is no bar («).
3 & 4 Will. IV. c, 104, consolidating previous enactments, makes the descending or devised realty of traders liable for simple contract debts, and the realty of every person, if not charged with or de- vised subject to the payment of debts, assets to be administered in courts of equity at suit of the cre- ditors for payment of debts, as well simple contract as specialty. A proviso is added that all creditors by specialty in which the heirs are bound shall be paid the full amount of the debts due to them, before any of the creditors by simple contract, or by spe- cialty, in which the heirs are not bound, shall be paid any part of their demands.


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