Lockwood v. Bates

Citations

• 1 Del. Ch. 435

Syllabus

<p>An order, granting a re-hearing of a decree in equity,does not per se vacate the decree ; but only opens it for reversal, alteration or correction.</p> <p>If an order for a re-hearing is dismissed, or discharged by agreement of the parties, without a re-hearing had, the original decree stands precisely as if such order had not been granted.</p> <p>An agreement to exonerate sureties in a recognizance entered into by a defendant in a writ of ne exeat, upon their paying part of the decree recovered against the defendant, does not discharge the liability of the defendant under the decree.</p> <p>It seems, that the defence of compromise or release is available by plea only, and not by answer.</p> <p>One of several partners, to whom, in a suit for the final settlement of the partnership accounts,a share of the balance struck is payable under the decree in such suit, may set it off in equity against a judgment at law held against him by the defendant in the decree.</p> <p>Such right.of equitable set off is not affected by the fact that, under the same decree, shares of the partnership balance, are made payable to other partners also ; provided, the partners are entitled under the decree severally, and not jointly.</p> <p>The equitable assignee of a judgment, even for a valuable consideration, and without notice of any existing equity against the judgment, takes it subject to all equities of the defendant in the judgment, accruing before he has notice of the assignment ; and, consequently, subject to his right to set off a debt due him from the judgment creditor under a decree in equity made prior to his receiving notice of the assignment. A decree made after the notice, but entered nunc pro tune as of a date prior to the notice, is of the same effect, in this respect, as if it had been in fact made at such date.</p> <p>Under an assignment made to secure a pre-existing debt, the creditor has not the equity of a purchaser for valuable consideration.</p> <p>A lis pendens,