in that time, the order shall become absolute of course.166 It is a settled maxim of equity that persons purchasing under a decree of the court are bound to see that the sale is made according to the decree. It is also the business of the purchaser to see that all the persons who are necessary to convey are before the court, for, if he takes a title under a decree which an imperfect suit does not protect, he must abide the consequences.167 A purchaser is not bound to see to the application of the purchase money. Neither is he affected by irregularities or defects in the decree, by which the application of the money may not have been properly secured.168 He is entitled to the profits of the estate from the time fixed upon for completing the contract, whether he does or does not take possession of the estate; and as from that time the money belongs to the vendor, the purchaser will be compelled to pay interest for it, if it be not paid at the day.169

§ 739. Lien of decrees.

Statutes are found in most jurisdictions making a decree for the payment of money a lien upon the property of the defendant. The steps necessary to perfect and maintain, and the duration of, and the means of enforcing, such lien, are dependent upon local regulation, and it is impracticable to here consider the requirements of the respective jurisdictions.170

168 1 Barbour, Ch. Pr. 529.

167 1 Barbour, Ch. Pr. 529; Colclough v. Sterum, 3 Bligh, 181. 168 Curtis v. Price, 12 Ves. 89.

169 1 Barbour, Ch. Pr. 530; 2 Sugden, Vend. 1. For rules as to the payment of interest, see Anson v. Towgood, 1 Jac. & W. 637; Esdaile v. Stephenson, 1 Sim. & S. 122; Barker v. Harper, Coop. 32; Trefusis v. Clinton, 2 Sim. 359.

170 See Act Cong. Aug. 1, 1888 (25 Stat. 357), where it is provided that judgments and decrees rendered in a federal court within any state shall be liens on property throughout such state, to the same effect and under the same conditions only as if such judgments and de crees had been rendered by a court of general jurisdiction in such state; provided that, when such state requires a judgment or decree of a state court to be registered, recorded, docketed, or indexed in a particular manner, or in a certain office, before a lien shall attach, the

federal statute shall apply therein whenever the laws of such state authorize the judgments and decrees of the federal courts to be registered or otherwise conformed to the rules relating to state judgments or decrees; and providing for the keeping, by the clerks of the several federal courts, of indexes of judgment records; and also declaring that nothing therein shall be construed to require the docketing of the judgment or decree of a federal court, or the filing of a transcript thereof, in any state office within the same county (or parish, in the state of Louisiana) in which the judgment or decree is rendered, in order that such judgment be a lien on property within such county. "Judgments and decrees of courts of the United States held within this state [Illinois], and all writs, returns, certificates of the levy of a writ, and records of said courts, may be registered, recorded, docketed, indexed, or otherwise dealt with in the public offices of this state, so as to make them conform to the rules and requirements relating to judgments and decrees of courts of this state." Starr & C. Ann. St. Ill. c. 77, par. 80. See, for consideration of this question, Foster, Fed. Pr. § 378.

(765)

§ 740. In general.

CHAPTER XXXVII.

FURTHER DIRECTIONS.

A decree made without any reservation of further directions. constitutes a final decree, and, after it has been pronounced, the cause is at an end, and no further hearing can be had.1 When further directions are reserved by a decree or order, it becomes necessary to set the cause down for hearing for such further directions.2 The consideration of further directions is only reserved in decrees and decretal orders. In other orders, the reservation is: "Upon the coming in and confirmation of said master's report, such further order may be made in the premises as shall be just." Where a decree is interlocutory, and the consideration of further directions has been reserved until after the trial of an issue, or until the coming in of the master's report, or some other step in the cause, it is necessary, in order that a complete termination may be put to the suit, that it should again be set down to be heard for further directions, which process must be repeated, as often as any further directions are reserved by the last decree pronounced.

1 Adams, Eq. 388.

21 Barbour, Ch. Pr. 559.

81 Barbour, Ch. Pr. 558; 2 Smith, Ch. Pr. 395.

Where a

41 Barbour, Ch. Pr. 558. "Further directions' are not given upon motion. They are only granted upon a hearing after a master's report, or upon the case coming on again for the purpose, in pursuance of a former order or decree. The court may then add to a decree, for instance, by allowing interest upon a sum reported by the master to be due (Creuze v. Hunter, 2 Ves. Jr. 164), or by declaring what are the rights of parties as ascertained under the first order or decree, and thus carry out and effectuate the object of the suit; but, upon a hearing for further directions on points or equity reserved, the court cannot mate

decretal order is made upon motion, the court will proceed upon the report on motion. The course of proceedings upon a hearing of a cause on further directions is much the same as that pursued upon the original hearing, except that the pleadings are not opened, nor are any proofs read but those which were read before the master. 6 Under the English practice, the fur

8

ther directions were opened by complainant's counsel, who read or stated the effect of the ordering part of the decree, and so much of the report as was necessary to enable the court to decide the questions before it. And if default was made by any party in appearing, upon the production of an affidavit of service, an absolute order was pronounced, and not an order nisi, as upon the original hearing. If exceptions have been taken to the master's report, and have been set down at the same time with the further directions, they must be heard and disposed of before the cause is heard upon the further directions. As the court, upon the hearing of further directions, will not enter on any matter extraneous to the decree, or receive any evidence beyond the report, wherever such matter arises, it is necessary to present a petition, to come on to be heard together with the further directions.10 Thus, if any new facts have oc curred since the original decree which have altered the situation of the parties, or affected their rights in the subject-matter, and which have not been brought before the court by a supplemental suit, these facts may be stated in a petition, which may be or

rially alter or vary the first decree (Parnell v. Price, 14 Ves. 502)." Gardner v. Dering, 2 Edw. Ch. (N. Y.) 131.

51 Barbour, Ch. Pr. 559; Brooke v. Clarke, 1 Swanst. 550; Walters v. Pyman, 19 Ves. 351; Shore v. Collett, Coop. 234. See, for when case may be heard on further directions, Dixon v. Olmius, 1 Ves. Jr. 153; Lupton v. White, 15 Ves. 432; Cooke v. Gwyn, 3 Atk. 689; Anonymous, 11 Ves. 169.

1 Barbour, Ch. Pr. 560. 71 Barbour, Ch. Pr. 561. 81 Barbour, Ch. Pr. 560.

1 Barbour, Ch. Pr. 560.

10 1 Barbour, Ch. Pr. 560. See Lewis v. Loxam, 1 Mer. 179; Parnell v. Price, 14 Ves. 502; 2 Smith, Ch. Pr. 400.

dered to be heard at the same time with the cause for further directions.11 A person interested in the report, though not a party to the suit, is entitled, without presenting a petition, to appear, if he is satisfied to take advantage only of that which is to be found in the report; but if he has a case to make, depending upon any fact which does not appear upon the master's report, he cannot be heard without presenting a petition and proving that fact.12 Upon the hearing on further directions, if a party has not excepted to the master's report, he is concluded by the findings therein; but if all the circumstances appear upon the face of the report, a question decided by the master may be opened on further directions, without any exceptions having been taken.13 So, if the master has exceeded his authority, and a party has omitted to take exceptions, he is not concluded by the confirmation of the report.14 A party cannot, on the hearing for further directions, object to evidence which has been entered in the decree as read, on the ground that the witness is interested, or on any other ground, the question being concluded by the decree. Neither can a party object, upon such hearing, to any evidence which the master has received, and noticed as the basis of his report. If a party desires to exclude such evidence from being entered in the report, he must take exceptions.15 At the hearing upon further direc

111 Barbour, Ch. Pr. 560.

12 1 Barbour, Ch. Pr. 561; 2 Smith, Ch. Pr. 401. See Young v. Everest, 1 Russ. & M. 426.

131 Barbour, Ch. Pr. 561; 2 Smith, Ch. Pr. 401; Adams v. Claxton, 6 Ves. 230.

141 Barbour, Ch. Pr. 561; 2 Smith, Ch. Pr. 402; Lewis v. Loxam, 1 Mer. 179.

151 Barbour, Ch. Pr. 561; 2 Smith, Ch. Pr. 405. If the interest of a party in the fund in court, or any part of it, which is to be disposed of on further directions, has been sold or assigned, the purchaser or assignee may apply by a special petition, to come on with the further directions, that the money may be paid over to him. This petition need only be served on the vendor or assignor of the share. Sometimes a petition of this nature is presented before the hearing on further directions, and the order then is that the money shall not be paid out without notice to the petitioner. 1 Barbour, Ch. Pr. 561; 2 Smith, Ch. Pr. 405.