case micoe versus Powell ux all Eq can ab pl Ch can S c a infant entitle to  the trust of land in fee marry without the consent of her father the father  bring a bill against the husband and wife and her trustee that a provision may  be make for her and her child out of these land the husband and wife demurrer  and the demurrer be allow micoe exhibit a bill against Powell and his wife and  the trustee of the wife estate set forth that one sir Samuel micoe devise unto  the plaintiff son several manor and land of the annual value of pound and that  the son die without issue whereby those land descend to the plaintiff daughter  and set forth that the defendant Powell have clandestine marry his daughter  without his consent and have make no provision for or settlement on her and  her child and that he be inform the defendant Powell intend to make his wife  who be now a infant as soon as she shall come of age to sell her land and levy  a fine of they and forasmuch as the estate in law of the say land be in a and  b trustee who can not be compel to transfer their estate but in this court but  threaten to do it voluntary unless prohibit by order of this court therefore  out of a fatherly care of his say daughter and tot intent that a provision and  settlement be make for her and Vernon chancery case that he may be relieve in  all and singular the premise pray process against Powell and his wife and the  two trustee c to this bill the defendant demurrer because it appear of the  plaintiff own show that he have no right either in law or equity to the land  in question and that he do not pretend to be trustee or supervisor thereof or  any way empower to inspect the management of the same and therefore he think  himself not bind to satisfy his inquisitiveness neither ought he to be call in  question or implead in this honourable court touch the same and for that the  plaintiff bill do contain no equity he do demurrer in law plaintiff may have a  interest in the subject yet if it appear on the face of the bill that he have  not a proper title a demurrer will hold tourton v flower p wms for the  learning on this subject of demurrer for want of a right in the thing and  title to institute a suit concern it vide Mitfords treatise on plead in equity  d edit p et seq and case there refer to this demurrer be allow by the Lord  chancellor but he say if Mr Powell have be plaintiff here in chancery to have  the trustee transfer their estate or for any other favour of the court then  indeed when he have such a hand upon Mr Powell he can make he do such thing as  shall be reasonable but upon this bill there be no colour in it Reg lib b fol  wherever the husband sue for a present demand in right of his wife and a  equity attach this court will in most case put term upon he vide oxendon v  oxendon post vol Lupton v tempest ibidem Jaocobson v Williamson p wms milner v  Colmer p wms Adam v pierce p wms brown v Elton p wms and case cite therein  respective by which it seem also clear that if the husband have the complete  legal title to the personal estate of the wife equity can interpose to the  prejudice of such right the late case on this head be Stackpole v Beaumont Ves  Blount v Bestland Ves and the creditor or executor of the husband or his  assignee he be a bankrupt can be in no better situation than the husband  himself in respect of the wife equity Jewson v Moulson atk Middlecome v Marlow  atk burdon v dean Ves jun freeman v parsley Ves Lumb v Milnes Ves and the  equity of the wife extend to new acquire property burdon v dean ub sup see  further Salisbury v Newton Eden Mitford v Mitford Ves wright v Morley Ves  Murray v Elibank Ves Ves Beresford v Hobson mad Elliott v Cordell mad Cordell  v Acton cite mad stamper v Barker mad Steinmetz v Halthin g I Johnson v  Johnson I W green v Otte S S Purdew v Jackson Russell Vernon chancery case er  p