Page:United States Reports, Volume 2.djvu/82

 76 CASS: ruled and adjudged in the r79o· vilion in the_a& of Alfembly, that if real ellate talren in execu- tors! tion was found fuicieut to pay the debt in 7 years, it Ihould ~ not be fold ? ` ‘ .BanI{m, for the defendant, faid, that the queflion was, in faél, w ether a life eftate conld be extended under the all of Adenrbly, or under the law of Elegitin England; and whether the forrnerreferreti tothepraflioe under the latter ? He urged that the advantages and difadvantages involved in the difcumon, wereequal ‘; for, if, on the one hand, a life eflate was liable to be fuddenly dellroyed; on the orhenhand, that conlideration would particularly aR`e& the rice, and it might be fold on the extent, for a mere trifle, thouém the tenant lhould furvive for ma- n years. Itisproperqherefore, that theftrifttermsofthe aé thouldgoiern the decilionofthe Court. By the lirlt ae}: that touches the l`ubje&, it is provided generally, ** that all lands and houfes whatfbever within this government {hall be liable to [ale upon judgment and execution obtained againft the defen- dant, the owner, his heirs, executors, and adrniniflrators, where no fullicient perfonal eltate is to be found :" 'But this general authorityis rollrained by the feoond a&, which declares,`“ that no fuch fale lhall be made of lands, tencmenmorhereditaments, which lhall or may yield yearly rents or prolits beyond allexpences fullicicnt within the [pace of l`even years, no pay or fatisfy, the debts and damages, with coils of {nit ; but that all thofe lands, · Src. fhall by virtue of the execution be delivered to the party ob- taining thc fame, until the debt or damages, be leviedby rnfon- able extent, in the fame manner and method as lands are deli- vered upon EL Y: in Englm:dl” The law of §ugIand ref`pe&ing the writ of Elegd being thus exprefsly recognized and adopted, it onlv remains no fhew, that “an cllate for life, may be extended by Ehgit; and that is prov- ed from the pallage in 4 Bhd. Com. 418. 4gg. where it is laid down, that •• if the goods are not fullicient, then the moie- ty or one half of the defendant’s freehold lands, whether held in his own name, or by any other in trult for him, are alfo to . be delivered to the plaintif ; to hold ’till out of the rents and profits thereof the debt be levied, or ’tiIl tbz d»y¢mLmt’: inrrrgl 6: expired : ar, ’ii!I the dmfb gf nhjiuduat,  lv be tenant _/or ?:,_ or in tail.” It is to beremarked, belides, that if the tenant ` or life dies, before the debt is paid, the plaintifT has llill a remc-. ` dy over upon an other property of which he was pcffclled. S. Levy, for the plaintiff} The fheriff is anthorifed to hold an inquelt, wherever he takes real eflate in exeeutiombut when the eltate is of this tranlient and precarious kind, it cannot be deem- ed within the intention of the Legillature, in making the provi- {ion for delivering inllcad of felling eltatcs, whofe rents are ca- pable of paying th: debt in fcven years. The net of Aflem- Nv

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