a a bankrupt bring his bill against b his suppose debtor for a account b plead  in abatement that a be find a bankrupt his effect be assign to assignee c and  that they ought to be party a by a order amends his bill and charge the  assignee in the body thereof in a proper manner but pray process only against  the defendant b who plead the same plea which be hold good for by Parker c  they only be defendant against who process be pray mich Fawkes v Pratt equity  case abridge will Rep
a a copyholder in fee mortgage to I S who be admit by b the steward of the  manor then a make a second mortgage to c who be also admit by b and afterward  a mortgage to b who buy in I S and Lord Chan king decree that b the steward  shall not postpone c because of the notice he must necessary have of the Mesne  mortgage to c by his be steward of the manor when c be admit hill Geo brother  and hence FitzGibb Rep
a a infant answer by his guardian can be receive in evidence against he and  the true reason be because in reality it be not the infant answer but the  guardian who be swear and not the infant and the infant may know nothing of  the content of the answer put in for he by his guardian or may be of those  tender year as not to be able to judge of it per Lord Chan Talbot hill in the  case of Wrottesley and Bendish will Rep a a infant answer by his guardian be  not evidence against he because the infant be not swear and it be only for  make proper party cite Carth and where a infant be defendant the service of  the Subpna to hear judgement must be on the guardian and not on the infant see  will Rep tailor and atwood but where a defendant put in a answer to a bill  bring by a infant who do not reply to it in such case it seem the answer must  be take equity case abridge er p
a a insufficient answer be put in exception be file defendant submit and put  in a second answer after which it be discover that most material exception be  not draw accord to the word of the charge and interrogatory part of the bill  of which defendant take advantage and in his second answer answer to the very  word of the exception leave to amend or add a exception refuse per tot curian  there be no precedent for it and plaintiff may amend his bill by vary only a  word or two from the first hill Wickins and Pratt in scacc bunb a Writ of  error be bring to reverse a judgement give in a formedon for a error in the  original it be pray in chancery that the original may be amend note a fine be  levy of the land twenty year since and Lord Chan order that if the formedon be  bring within five year after the fine it shall be amend otherwise not Trin  anon Freem Rep
a a jointtenant with b her sister make a absolute conveyance to c in fee for  pound which be intend only as a mortgage in those deed be cancel and then a in  consideration of pound include the pound pay by c convey the estate ut above  but with a further covenant not to agree to any partition without c s consent  b be in possession till when c eject her out of the moiety enjoy it quiet till  when a bring her bill for redemption to which c plead himself a absolute  purchaser the receipt give for the money mention it to be purchase money in  there be a agreement that a may have the estate again if desire on payment of  principal interest and charge the Cause be first hear before his honour who  dismiss the bill and afterward come on before Lord Chan Talbot his lordship  take notice that the case be very dark but that the say agreement show it be  not redeemable at first and that upon consider equity case abridge what upon  proof he take to be the annual value of the estate and as to the other matter  his lordship be incline upon the whole to think it be at first a absolute  conveyance and upon the circumstance of the case affirm his honour decree have  a continue in possession any time after execute the deed he shall have be  clear that it be a mortgage and the acquiescence of sixteen year under c s  possession be a strong evidence of its be a absolute conveyance for otherwise  the length of time will not have signify because they who take a conveyance of  a estate as a mortgage without any Defeazance be guilty of fraud and no length  of time will bar a fraud and his lordship disapprove of the practice in the  north of make mortgage absolute and the Defeazance by a separate deed as carry  a face of fraud hill Geo Cotterel and purchase case in Eq tempt Lord Talbot
a a simple contract creditor of the testator file his original against the  executor in order to recover his debt the other simple contract creditor offer  a to come in forhis proportion of his debt with they but have first file his  original he insist on his whole debt in preference to the rest upon which the  executor and the other simple contract creditor enter into article agree that  first the executor shall be pay his debt and then that all the simple contract  creditor shall equal share the asset betwixt they exclusive of a and in order  to bar the plaintiff at law the executor give judgement in the several quantum  Meruits bring by the other simple contract creditor for the several sum which  be lie as damage in the declaration without ascertain the damage by Writ of  inquiry but care be take that those damage be so lie as not to exceed the real  debt upon this a bring his bill but his honour dismiss the bill without cost  it be a hard case but afterward on consideration his honour give cost c decree  affirm by Lord chancellor mich wear and Danvers will Rep c his honour say if a  desire it he will send it to the master to see whether the judgement confess  to the other creditor be more than their real debt but a not think it worth  his while the court decree ut above ibidem
a a trader seize of land in fee borrow money of b on a judgement and afterward  article with c to sell land to he for pound to be pay down and pound to be pay  at Christmas follow then a become a bankrupt b bring his bill against c a and  the assignee under the Commission pray the pound remain unpay may be pay to he  towards satisfaction of his judgement and it be decree at the roll that the  assignee convey the premise to c as the bankrupt have article to do they stand  in his place and thereupon c to pay the assignee the pound for the benefit of  the creditor and b the judgement creditor he not have serve or execute his  judgement to come in for a proportion a only with the rest of the creditor  mich orlebar and Fletcher and duke of ken will Rep a by the statute of James  cap sect creditor by judgement statute or recognizance whereof no extent be  serve or execute on a bankrupt before his bankruptcy shall not be relieve for  more than a rateable part of their just debt and accord it have be determine  at law that where a judgement be not serve or execute equity case abridge er p  the Conuzee thereof shall only come in pro rata with the other creditor of the  bankrupt cite per his honour ibidem in the principal case it be insist upon  that though b the judgement creditor can not come in upon the bankrupt estate  for any more than mrs proportion with the other creditor yet he will be at  liberty to extend his judgement against the purchaser who buy the land prior  to the bankruptcy and this as the reporter say seem to be admit but that c can  not be deem a purchaser till he have pay the remainder of the money which be  part of the personal estate of the bankrupt and must be liable to his creditor  and that c be not compellable to pay it unless upon his have a good Title  which be to be make he by the assignee who have the legal estate of the  premise assign to they by the commissioner per his honour ibidem
a account be direct after thirtythree year acquiescence Feb Lord Kingsland and  lady tyrconnel vin Abr pl note in regard to the reason the court go upon the  book be silent
a account be of twenty year stand it be order that the defendant may prove on  oath what he can prove by book and cancel bind it be of so long a stand Peyton  and green Chan Rep a account of fourteen year stand admit to be prove by oath  Chan can
a account of rend receive have be decree against the defendant who be in  possession under a elegit and it appear on the account that the defendant have  receive upward of pound more than be due to her it be order at the roll that  she shall pay cost from this order the defendant appeal general but the only  reason for the appeal be the cost and Lord Hardwicke reverse the decree as to  they Owen v Griffith Ambl SC somewhat different report Ves
a account settle ten year before bill file shall not be open though contain  gross error but the plaintiff shall be at liberty to surcharge and falsify  Brownell v Brownell bro Chan Cas
a account take and a distribution decree in the spiritual court of a Persoilal  estate yet a new account decree by Lord Chan bissell ux and Axtell all easter  vern the plaintiff husband and the defendant have deal together as merchant  the bill be for a account and although it be agree that length of time be no  bar yet the plaintiff husband live many year after the Trade and deal equity  case abridge er p
a Act OF common council OF june king h concern make freeman OF the city  against colour foreign good at this common council it be agree grant ordain  and enact that if hereafter any freeman or freewoman of this city take any  apprentice and within the term of seven year suffer the same apprentice to go  at his large liberty and pleasure and within or after the say term agree with  his say apprentice for a certain sum of money or otherwise for his say service  and within or after the end of the say term the say freeman present the say  apprentice to the chamberlain of the city and by good deliberation and upon  his oath make to the same city the same freeman or freewoman assure and affirm  to the say chamberlain that the say apprentice have full serve his say term as  apprentice or if any freeman or freewoman of this city take any apprentice  which at the time of the say take have any wife or if any freeman or freewoman  of this city give any wage to his or her apprentice or suffer the say  apprentice to take any part of their own get or gain or if any freeman or  freewoman of this city hereafter colour any foreign good or from henceforth  buy or sell for any person or person or with or to any person or person be  foreign or foreigner clothes silk wine oil or any other good or merchandise  whatsoever they be whether he take any thing or thing for his or their wage or  labour or not or if any person or person be free of this city by any colour or  deceitful mean from henceforth do buy sell or receive of any apprentice within  this city any money good merchandise or ware without the assent or licence of  his master or master and upon examination duly prove before the chamberlain of  the say city for the time be and the same report by the mouth of the say  chamberlain at a court to be hold by the mayor and the alderman of the same  city in their council chamber that aswell the say master as the say apprentice  shall for evermore be disfranchise God same the king
a action of debt be bring upon the statute of purveyor because he have cut  down tree against the form of the statute of Elizabeth the defendant plead not  guilty and it be move that this be a evil issue for he ought to have plead nil  debet and the court command he to plead nil debet
a Administration be grant and one bind be take upon the grant it another  Administration bind in a far penalty can afterward be take per Lord chancellor  east haver and haver Barnard Rep in Chan
a Administration durante Minori lifetime ought not to be commit to one that be  very poor though she be guardian and next of kin to the infant per Lord Chan  Hardwicke east haver and haver Barnard Rep in Chan the ordinary may grant  Administration durante Minori lifetime to who he please mich Geo b r the king  and bettesworth FitzGibb Rep see also vent for his sort of Administration be  not within the statute vide will Rep but notwithstanding this where the court  of chancery see reason to think that there will be a misapplication of the  effect of the intestate and a abuse and waste to the prejudice of a infant by  a limit administrator who be only a trustee for the equity case abridge er p  infant it be incumbent on the court to take care that the infant be not  prejudice and the court will in such case appoint a receiver of the personal  estate notwithstanding Administration be grant of it the receiver to carry on  the suit already bring and to commence other in the administrator name  indemnifying he and the administrator cost to be tax so far as he have proceed  per Lord chancellor east haver and haver Barnard Rep in Chan e what the  executor shall have and not the heir vide title heir Eq can Abr p econt as  well touch the realty as chattel personal
a administrator pay money on specialty without notice of money decree and have  full administer the asset and the court nevertheless decree that the  administrator shall pay the money decree hill Searle and hale vern S p for a  duty decree be equal to a judgement at law
a administrator write a letter to his intestate creditor videlicet I promise Q  if it shall not be promise to pay you what money be due to you before I go out  of town but it will be a kindness to I if you will stay till next winter but  if not I will endeavour to pay you per cur promise to pay or forbearance  before the statute of fraud be account a good consideration to charge the  executor or administrator de good not common with others and since a write be  sufficient after a parole promise and by this letter it appear that the  administrator have make a promise and confirm it by this letter so decree that  the administrator shall be bind by the promise and shall answer debt and cost  out of his own estate but have satisfaction out of the asset if any hill  Frederick and win vin Abr pl
a administratrix and her two child be entitle to a lease of a house they all  agree to make a lease to I S for ten year and the administratrix alone with  the privity of the other two execute the lease and it be hold that this be out  of the statute and the lease good mich Heighter and Sturman vern
a administratrix sue a debtor of the intestate pen which suit another by covin  procure a second administration to himself joint with her and after judgement  release to the debtor on which he sue audits copper coin in the mean time the  second administration be revoke this release be of no avail the husband die  intestate the wife sue and have administration commit to her alone and  afterward take another husband and they recover in debt as administratrix  against a debtor of the intestate pen which suit the son of the intestate by  fraud and covin between the debtor and he obtain another dyer letter of  administration to the wife and he joint no cause of revocation or annul of the  former letter insert or strew in the second letter and after judgement the son  by covin and fraud to defeat the execution release to the debtor all demand  and execution and afterward the husband and his wife sue execution and the  debtor upon this release sue a audits quaereld direct to the justice of the  bench and there have a rehire facias against the husband and wife direct to  the sheriff of London with a sbpersedeas therein to stay execution and find  two sufficient mainpernors to prosecute with erect and to answer for the debt  or the body c the sheriff return i7il habel c and then they appear and plead  the matter above of the covin and a revocation of the second letter of  administration by sentence exemplify under the seal of the ordinary pen the  audits aereld c and upon that the party demurrer and all the court against the  plaintiff and so adjudge in Michaelmas next without any argument
a affidavit make by a solicitor that a Commission to examine witness beyond  sea be necessary be not sufficient to entitle the party to such Commission c  for the solicitor by this mean take upon himself to judge of a matter which do  not belong to he per Lord Chan Hardwicke mich Jessup and duport Barnard Chan  Rep c for the ground for grant such commission must depend upon the special  circumstance of the case and those circumstance must be discover upon  affidavit or they may arise from the nature of the case itself as in the  present case for as on equity case abridge er p the one hand it must not be  lie down that the grant such a Commission be a motion of course so on the  other hand it must not be lie down that the party apply for such Commission  must show that there be a absolute necessity for it be that the case on motion  of this sort the court must be oblige to determine the merit of the Cause  whereas in such case it be sufficient to show that there be a probable Cause  for the grant such Commission per Lord Chan ibidem bill for a injunction and  to stay proceed at law in a action of false imprisonment and to have a  Commission to barbados to examine witness there who deposition may be make use  of in the trial at law which be now move for but Commission deny for per cur  the application have be proper in b r where the action be bring but no issue  be join here m Lowther and whorwood in scacc bunb
a after many legacy devise the residue of all his good to one tailor and make  Trott his executor and die Trott after account before the ordinary c pay the  residue to tailor and thereupon have a acquittance from the say tailor trot  die and tailor sue his executor in the court of request to account de to make  new the execute or plead the acquittance and the plaintiff thereupon demurrer  cook attorney general pray a prohibition and the court say that a executor  shall not be compel to account in any court although the court of conscience  but by the court it be agree that a executor of a executor may be sue for a  legacy give by the first testator
a agree by parole with b for a lease which be draw peruse and correct by a  counsel and afterward engross b sign the lease a have plead the statute the  court order he to answer but save the benefit of the plea till the hear hill  Lowther and carril vern vide the book
a agree for a lease for ninetynine year b advance the money and the lease be  take in a s name this be a result trust and out of the statute of fraud a have  by letter acknowledge the trust Feb ohara and oneil vin Abr in a note to pi SC  bro p c
a agree for the purchase of timber and a and b both enter into a bind that a  his executor and administrator shall not cut down under such a size it come  out that a s name be only make use of for b in the agreement b cut down timber  under size there can be no remedy at law upon this bind but it be a fraud on  the seller and relievable in equity mark butler and Pendergrass vin Abr pl  cite it as a ms Rep say to be Lord harcourt
a agree for the purchase of timber and a and b both enter into a bind that a  his executor and administrator shall not cut down under such a size it come  out that a s wame be only make use of for b in the agreement b cut down timber  under equity case abridge size there can be no remedy at law against b upon  this bind but it be a fraud on the seller and relievable in equity mark butler  and Pendergrass vin Abr pl SC bro p c
a agree with b to give he the say b pound portion to be lie out by say a a  purchase land with pound and mortgage they and then settle pursuant to the  article except only in one limitation a devise these land to his wife for life  and also a legacy in money and give legacy to b and his child and die without  issue of his body leave b s child his heir at law who together with b bring  their bill against the widow and executor of a to have a account of the profit  and for performance of the article the land settle accord to the article be a  good performance so far as the value be over and above the mortgage per Cowper  c then it be urge that the legacy to the child be a bounty and not a  satisfaction of the demand of the heir because at the time of the legacy it be  not know whether he will be heir or take any thing by the settlement and also  it be a legacy give to he in company with other and the dispute be not between  the executor defendant and a creditor but between the executor and b and his  son and daughter and there be asset enough to answer any thing yet his  lordship direct that the master inquire what asset by descent in fee and other  personal estate come into his hand and that to be as part of the satisfaction  of his demand east Ann Lechmere and Blagrave pale yellow Eq Rep a receive  pound to my use make I executor and die that shall go in satisfaction per  Cowper c in SC ibidem
a agree with b to make he a lease for year of land render rend b pay a pound  fine b pay pound in part to a s agent which a know of and order his agent to  prepare the lease but before it be execute a repent and refuse to grant the  lease b have pay pound earnest exhibit his bill for a specific performance l  Chan the payment of this pound be not such a performance of the agreement on  one part as to decree a execution on the other for the statute of fraud make  one sort of contract videlicet personal contract good if any money be pay in  earnest now that statute say that no agreement concern land shall be good  except it be reduce into write and therefore a parole agreement as it be in  this case can be good within the statute by give money in earnest for there  must be something more than a bare payment of money on the one part to induce  the court to decree a performance on the other part either by put it out of  the party power to undo the thing or where it will be a prejudice to the party  perform his part as beginning to build or let the other into possession c in  such case where the agreement have proceed so far on one part the statute  never intend to restrain this court from decree a performance of the other but  he will not put the plaintiff to his action to recover his pound wherefore  decree it to be refund mich Ann Lord Pengall and Ross ms Rep
a agree with b to sell he a house and by their consent c be employ to make a  draught of the conveyance b make several alteration therein with his own hand  and deliver it back to c to be engross a execute the write and equity case  abridge er p get the conveyance register on a bill to compel b to pay the  purchase money as to such part of the bill as seek to compel he to accept the  purchase and pay the money c b plead the statute of fraud and say that neither  he nor any by he lawful authorize sign any write agreement memorandum or note  in relation to this purchase or whereby he any way agree thereto plea allow  Lord Macclesfleld c mich Hawkins and Holmes will Rep the case of ithel v  potter determine at the roll Trin on the very S p be cite his lordship say  unless in some particular case where there have be a execution of the contract  by enter upon and improve the premise the party sign the agreement be absolute  necessary for the complete of it and to put a different construction upon the  Act will be to repeal to it that a have register the conveyance which look  artful on his side may put a difficulty on he how to get back the estate but  it be his own do and with a design to fasten it on b he must thank himself for  it the reporter say that his lordship moreover lie stress on what b mention in  the answer part wherein it be swear that it have be agree between he and a  that he b may be off at any time on pay the charge of the write which he say  he be Willing to do ibidem
a agree with the defendant broker for pound SouthSea stock to be deliver about  ten day afterward the broker accord to usage make a entry of this agreement in  his pocketbook stock be in the mean time considerable rise the defendant  refuse to transfer on a bill for a specific performance if the agreement  defendant plead the statute of fraud and perjury Lord Chan seem to be of  opinion that the plea be good and say that it have be so hold in many other  case but the defendant have bare plead the statute without add that this  agreement be not reduce into write as he ought to have do and so have not  bring his case within the statute the plea be overrule Trin mussel and cook  Prec in Chan the reporter say in this case mention be make of the case of a  scold and butter last term where on a bill for a specific performance of a  contract for SouthSea stock which be reduce into write the master of the roll  decree for the plaintiff but on a appeal Lord Chan reverse the decree and the  party only to pay the difference and that to do otherwise may be the great  hardship and injustice in the world as the sudden rise of stock happen ibidem  a vide Cudd and butter will Rep which seem to be the same case
a agree with the eastindia company to go as precedent to Bengal and enter into  a bind with two surety of pound penalty for performance of the article and a  few day after he settle all his estate on trustee and inter all he declare the  trust of a term for five hundred year to be for the raise of pound for his  daughter be portion Payable three month after marriage the daughter afterward  marry I S a gentleman of pound per annum who before his marriage be advice by  counsel that the portion be sufficient secure and who afterward on her death  have on her request expend pound on her funeral but never make any settlement  on her a embeziled pound of the company be effect the company can break  through this provision in the settlement there be no colour of fraud in it and  the article do not bind the real estate but the bind only so far as the  penalty go therefore decree the pound to I S after payment of pound to the  company east eastindia company and clavel Prec in Chan
a agreement be make between the husband and wife and other on her behalf  before marriage that she shall dispose of her good c as she please and the  husband die the question be whether they belong to her or shall go to the  executor of the husband the marriage be a extinguishment of the agreement but  there be no resolution Chan can Pridgeon v Pridgeon Fursor v Penton vern S p  but no resolution and the covenant or agreement there say to be with the  intend wife only
a agreement be sign by the party and by consent make a order of court to  submit to such decree as shall be make and neither party to bring a appeal yet  the Cause allow to be reheard hill buck and Fawcett will Rep vide title rehear  equity case abridge er p cap IX apportionment apportionment signify a division  or partition of a rend common c or a make of it into part   light b a in what  case econt
a agreement be sign by the party and by consent make a order of court to  submit to such decree as the court shall make and neither party to bring a  appeal yet the Cause be allow to be reheard per Lord Chan Talbot hill buck and  Fawcett will Rep
a agreement for a purchase be obtain by a attorney from a old woman of ninety  and several suspicious circumstance appear ld Chan will neither decree it to  be carry into execution against the heir at law nor to be deliver up upon a  gross bill exhibit for that purpose hill green and wood vern equity case  abridge er p Robertson v saint John equity case abridge er No specific  performance shall be decree of a agreement to renew a lease in consideration  of money previous lie out by the tenant such a promise be naked bargain nor  will the case be vary by money have be expend by the tenant after such promise  but if previous to the promise the tenant have signify his intention to lie  out money and on that consideration the promise have be make all specific  performance shall be decree Robertson v saint John bro Chan Cas equity case  abridge b parole agreement OP such as be within the statute OP fraud and  perjury c content
a agreement in write have be make between the party that the bill shall be  dismiss the plaintiff give notice of motion and accord move that it shall be  so dismiss the court think they can not make a order to dismiss without cost  but on consent at the bar however they give a rule to dismiss unless Cause  shall be show to the contrary Fidelle v Evans bro Chan can
a agreement though not in write be execute on one part and a enjoyment accord  equity will destroy or avoid it so far as it have be already carry into  execution a Lord Chan equity case abridge be clear of this opinion Trin Lockey  and Lockey Prec in Chan Vol Abr Eq p can SC but not S p a wherever a parole  agreement be begin to be put in execution and intend to be continue there  though there be no write yet equity will enforce the execution thereof  notwithstanding the statute of fraud and perjury per Lord Chan hill Ann pale  yellow Eq Rep vide ibidem the foundation that equity proceed on in carry  agreement into execution because in part perform be as it seem to I that one  party will run away with the benefit do by the other unless the court  interpose equity case abridge er p
a allowance of maintenance to a guardian must be in regard to what the infant  then have and not to what fall in afterward Trin in grammatical case chaplin  and chaplin will Rep equity case abridge b what act OF a infant be good void  or voidable and where the parole may demurrer
a and a be accessary to the marriage of c to d a idiot and who have pound per  annum land of inheritance and be order to attend the court stand in contempt  and refuse to appear and be commit they now petition to be discharge but e be  the principal contriver of this marriage and the friend of the idiot have no  evidence to impeach it in doctor Commons nor any evidence against b but the  petitioner it be insist that they shall not be discharge without good security  to give evidence of this contrivance which cur think reasonable and therefore  they be order to be keep custody until they give such evidence or good  security for that purpose and it be direct that the attorney shall cause a  information to be file against e and that the prisoner shall remain in custody  till they give evidence against he in like manner mich Geo smart and tailor ms  Rep Mod SC in as many word equity case abridge cap LXIII marriage
a and b agree that b shall assign a term for year in his house and plate and  certain vessel of beer for guinea whereof one be pay in hand as earnest of the  bargain and three day after guinea more and part of the agreement be that it  shall be execute by write at a certain time upon a bill of or a specific  performance of the agreement b plead the statute of fraud a and insist that no  part of the thing be deliver there be no execution and that the guinea be  deliver for the lease but ld king overrule the plea hill pound car leak and  morris Chan can SC dick a by the car c no contract for the sale of good for  ten pound or upward shall be good except the buyer actual receive part of the  good sell or give something in earnest to bind the bargain or in part of  payment or some note thereof in write be make and sign by the party to be  charge with the contract or their agent thereunto lawful authorize and no  action be to be bring upon any agreement that be not to be perform within the  space of a year from the make the say agreement unless the agreement upon  which such action shall be bring shall be put in write and sign by the party  to be charge therewith equity case abridge er p c voluntary agreement in what  case TO be perform
a and b be bind to stand to and observe such article agreement order or decree  as the king Council of the court of request shall make a march report bring a  action upon the bind against b and plead that the king Council of the court of  request make such order and decree and that the defendant do not observe it  the defendant plead that the king and his Council do not make the decree and  adjudge by the court that the plea be not good sir Matthew mink be indict of  manslaughter and find guilty and it be move by Holborn of counsel with sir  Matthew that the indictment be insufficient because there be to hand over c  without adtunc ibidem accord to precedent as also because it be hunting net  seu bruising which be incertain as also that the party kill to be faint a  breed die usque Decimus sextan and he say that there be no time between those  two day but it ought to have be that be languish from such a hour till such a  hour and that he say be the ancient precedent and he say that a indictment  that a kill b inter horan Decimus Decimus be adjudge to be nought and he take  many exception all which be disallow by the court for which cause sir Matthew  pray his clergy and have it pasch car in the common plead
a and b be JointTraders a Commission of bankruptcy issue against they their  separate creditor now apply by petition that the may be let in for their debt  upon the respective separate estate of the bankrupt under that joint  Commission the separate estate be of small value and not sufficient to bear  the charge of take out two new commission against they separate and ld Chan  order they to be let in to prove their respective separate debt upon the  JointCommission they pay contribution to the charge of it and direct as the  joint or partnership estate be in the first place to be apply to pay the joint  or partnership debt so in like manner the separate estate shall be in the  first place to pay equity case abridge all the separate debt and as separate  creditor be not to be let in upon the JointEstate until all the JointDebts be  first pay so likewise the creditor to the partnership shall not come in for  any deficiency of the JointEstate upon the separate estate until the separate  debt be first pay mich ex part crowder vern vide cook bankrupt law d Edward d  who be oblige TO come in as creditor
a and b be partner but the partnership be dissolve and a set up for himself  become a bankrupt and a Commission issue out against he and the b fail and a  Commission issue against he the joint creditor be admit to prove their joint  debt under the separate commission cite per Mr fazakerly east Geo in b r as  the case of Stephens v brown and lick January in canc FitzGib Rep
a and b be partner in France motion that service of a Subpna to answer upon b  here or his clerk in court may be deem good service of a now in France and per  tot cur the service be allow east lady Carrington and Cantillon in scacc bunb  Rep the same have be do in the case of furnes and law ibidem cap LXXIV party  impropriator must be a party to a bill bring against his lessee to establish a  modus for this court will not bind the inheritance of any person unless he be  before the court hill Glanville and Trelawney in scacc bunb a OF make party to  bill in equity vide title bill b Eq can Abr p
a and b be partner in Trade a give a bind to leave his wife pound a die b who  be one of a s executor administer if the wife will be pay this pound out of  the separate estate of a on there be effect she shall have a preference before  other creditor but if there be no separate estate and she will have a  satisfaction out of the partnership effect then all the partnership debt must  be first pay and if there shall remain any surplus in a s share of the stock  then that to be liable to answer this bind decree per Lord Chan king east  cross and pike will Rep equity case abridge er p
a and b be tenant in common of land in fee a by will date Jan devise her  moiety of the say land unto trustee and their heir upon trust to sell the same  for the purpose therein mention afterward a and b make partition that deed  date may and a fine be levy and the use be declare to be as to one moiety in  severalty to a in fee and as to the other moiety in severalty to b in fee in a  die without revoke or alter her say will leave I S her only son Lord  chancellor declare that the will be well prove but refer it to the judge of b  b whether the deed of may and the fine levy pursuant thereto be not a  revocation of the will and Raymond Ch I page probin and lee justice certify  their opinion to be that the will be not revoke by this deed and fine and that  a s share of the land contain in this deed and fine do pass by the will April  that Luther and Kirby vin Abr pl will Rep by way of note cite SC and say the  judge certificate appear to be so by the register book with which Lord Chan  king concur and order that the several trust in a s will shall be establish  but add that if a devise land and levy a fine and the caption and deed of use  be before the will but the Writ of covenant be returnableafter the will this  seem a revocation because a fine operate as such from the return of the Writ  of covenant and not from the caption see salk Lloyd and the Lord sa and seal  and yet this be a hard case since by the caption the party conusor do all his  part and the rest be only the Act of the clerk or his attorney without any  particular instruction from the party
a and b by article agree that all legacy and sum of money which shall be give  to either of they by the will of t who cousin and presumptive heir they have  marry shall be equal divide betwixt they and that all benefit or advantage  accrueing to either of they by the say will shall be also divide and that the  same shall be divide between they their respective executor and administrator  this be one reason for the decree the other be that a do not offer to divide c  ibidem afterward t leaves b a great real and personal estate and a but a small  real estate a bring a bill against b s executor for a account of the real and  personal estate which come to b by t s will but upon consideration of the  article and forasmuch as a do not offer by his bill to divide that small real  estate give to he and his heir by the will of t Macclesfield Lord Chan take it  that these article do not extend to any part of the real estate devise by the  testator and therefore decree only the personal estate give by t s will to  either of they the say a and b to be equal divide hereupon it be say that b  have die insolvent and equity case abridge though it shall be admit that these  article will let in the plaintiff as a creditor by equity case abridge er p  specialty yet there will not be enough to pay he his lordship order that if as  it be suggest any of the mortgage of t be yet stand out and the property  thereof unaltered and in case it shall appear that b have receive more than  his moiety of t s personal estate then the plaintiff shall be let in to  receive out of t s personal estate or the subsist mortgage so much as to make  up his receipt equal with those of b before b s representative shall be admit  to receive any thing further Trin Beckley and Newland will Rep
a and b enter into article for the purchase of part of a s estate a die before  a conveyance be make pursuant thereto and his executor pay away his personal  asset in satisfy debt by specialty which be a Lien at law on his real estate  though the creditor by simple contract shall in this Cause stand in the place  of the creditor by specialty equity case abridge yet it shall be without  prejudice to b s demand and a specific execution of these article be decree  for that the sale of the estate by virtue of those article and in  consideration of so much money to be pay for the purchase be a separate and  specific Lien on those land and this by the constant course of the court and  for so much of the purchase money to be pay as the land shall fall short to  answer b he shall come in as a creditor by specialty on the other land Trin  Geo Charles all and Andrews Mod it appear in the Cause that a sell the same  land to d but after the article be execute for a sale thereof to d d give a  the vendor pound for leave to relinquish his bargain and thereupon those  article be make void by which it appear that it be a very extravagant bargain  for otherwise so great a sum will not have be give to relinquish it and it be  insist for defendant a s heir and executor that the article between a and b  ought not to be carry into execution to which it be answer that b the  purchaser under these present article will relinquish the same upon the  payment of the pound to he for since a have get so much money by d it be but  just that b shall have the money on a specific performance of his article and  the court be of the same opinion but in regard a s heir a defendant be a minor  and by consequence can make no election it be decree as mention p ibidem  equity case abridge er p d where equity will decree land TO be settle in  strict settlement and why
a and b enter into partnership and by indenture of copartnership agree that  all such debt as shall be owe on the joint account shall be pay out of the  jointstock and that the jointstock shall not be charge with the private or  particular debt of either of the say partner a and b become bankrupt and a  joint Commission be take out against they and the commissioner have assign all  their estate to the creditor on the jointstock I S who be a separate creditor  to one of they bring his bill to be admit into a share and it be declare by  the court that the estate belong to the JointTrade as also the debt due from  the same ought to be divide into moieties and that each moiety of the estate  ought to be charge in the first place with a moiety of the JointDebts and if  there be enough to pay all the debt belong to the JointTrade with a overplus  then such overplus ought to be apply to pay particular debt of each partner  but if sufficient shall not appear to pay all the JointDebts end if either of  the partner shall pay more than a moiety of the JointDebts then such partner  be to come in before the commissioner and be admit as a creditor for what he  shall so pay over and above his moiety and decree accord car Lord craven all  and knight all Chan Rep Chan can SC Lord craven and widow easter car and only  there say that the separate creditor be admit notwithstanding the agreement of  the party a quaere be add how the separate creditor can have other Title than  those under who they claim
a and b partner in a goldsmith Trade in be bind in a bind to I S for the  payment of pound and interest which pound be that year employ in the equity  case abridge er p partnership Trade and in the same year they dissolve the  partnership when a by ready money and his own bind secure to b his share of  the partnership stock and take on himself all the partnership debt covenant to  secure b from such debt public notice be give to all the creditor of the joint  stock that they be either to receive their money or to look on a only as their  paymaster b die leave c his executor and d his residuary legatee I S in call  in his money from a but then continue it upon equity case abridge a s  subscribe the bind at pound per cent a continue solvent till and I S may till  that time where he please have have his money I S outlaw b s executor a and  bring this bill against d b s residuary legatee to recover the pound and  interest out of the asset of b a have in become a bankrupt and insolvent Lord  Chan Parker say the defendant testator be bind in the bind he must lie at  stake until the bind be pay and though I S continue the money on the bind this  be not material since it be upon the credit of both the obligors as to the  notice give by a to the joint creditor to bring in their security and that a  alone will be thereafter liable that be res inter elsewhere acta can not bind  I S and his change the interest do not alter the security for still it be the  bind of both but that the defendant can not be liable to more than per cent  for the arrear of interest wherefore I S have a decree for his debt interest  and cost mich heath and Percival will Rep a the executor in trust be outlaw  and a witness prove that he have inquire after but can not find he this be  think to be a full answer to the objection that such executor be not make a  party ibidem
a annuity for life be give out of leasehold and the annuitant be hold not to  be bind to contribute to the expense of the renewal Maxwell v ash equity case  abridge bro Chan can equity case abridge in what proportion
a annuity of pound per Ann charge upon land the tenant insist to have a  deduction of S in the pound for landtax but because the assessment in the  parish where the land lie be no more than S d such a deduction be only allow  east Ann king and Weston ms Rep so in the case of atwood and Lambrey equity  case abridge er p hear at the roll before sir Joseph Jekyll mich where one in  in satisfaction of a widow dower mortgage land on condition to pay her pound  per Ann whereupon the court hold that this be a annual payment secure by land  shall answer tax in proportion as the land pay but refuse to make the  annuitant refund in respect of the payment she have receive tax free and for  which the party pay have omit to deduct will Rep in a note vide the case of  green and Marygold Eq can Abr p can and the note there
a annuity of pound per annum be devise out of a rectory and the glebe be but  of S per Ann value and the tithe not liable to a distress by law a the master  of the roll decree the while rectory to be liable to pay the annuity hill car  Thorndike and Collington Chan can Max equity suffer not a right to be without  a remedy put note the right here intend be those which the law acknowledge to  be such and never give judgement against they though it can give a remedy for  they and not equitable right for which equity give a remedy in the very  creation of they a of thing which lie in grant and not in tenure no rend can  be reserve equity case abridge er p which will be liable to a distress as  advowson tithe fair franchise c Inst
a answer be amend after hear and decree on a very full affidavit of the  solicitor and his clerk that the mistake be in engross the answer from the  draught and the draught produce upon solemn debate before king Chan assist by  the master of the roll though no precedent can be show that this be ever do  after the Cause hear and this matter have be before deny on a petition and on  a motion mich in the case of the countess of Gainsborough and Gifford will Rep  defendant be mistake in her answer desire she may amend admit by Lord c and  his honour no replication be file same do in Lord Coventry time inter Chettle  and Chettle lady Dacres case Freem upon affidavit of a mistake in a answer and  how it come the whole court give leave to amend the ingrossment by the draught  but deny where the draught and ingrossment be the same hill the bishop of Ely  all v James all bunb Rep
a appeal from decree make in the plantation lie only to the king in Council  vide the case of sir John friar and Bernard mich will Rep
a appeal lie from a decree make in the isle of man by the king of the island  to the king in Council here though there be no reservation in the grant make  of the isle of man by the crown of the subject right of appeal to the crown  mich Christian and corren before a committee of Council at the cockpit Lord c  I Parker assist at Council upon this occasion say he think that the king in  Council have necessary a jurisdiction in this case in order to prevent a  failure of justice will Rep
a article for the sale of land which he covenant to convey but do not covenant  for he and his heir hold that a s heir shall be bind to perform this agreement  for as much as a after seal of the article be in nature of a trustee for the  plaintiff of those land which trust with the land descend to the heir and  decree accord Trin Gell and Vermedun in canc Freem Rep when a be go to be  marry his wife be uncle promise that he will settle his freehold and copyhold  upon his wife and her issue and though this be by parole only yet this court  decree a execution of it be in consideration of marriage cite by cur as sir  John otway case ibidem and in the case of Stephens and Baily where tenant pur  auter vie to he and his heir article for a sale and die although this be such  a estate as be not asset to the heir yet he be decree to execute this  agreement cite ibidem equity case abridge a steward have a general authority  to make contract with the tenant c but this we not bind the Lord without his  consent and approbation or unless part of the bargain be actual execute per  Lord Chan Cowper east g vin Abr pl
a article to buy land and pay part of the purchase money afterward he enter  into several order of court to pay the residue by such a day and in default  thereof to give up the article and lose what he have before pay but not have  comply with these order he now bring his bill to have the purchase complete on  payment of what be due with interest and to be relieve against these order  decree accord on payment of principal interest and cost per Lord Chan Trin  Vernon and Stephens will Rep here have be solemn agreement which ought not  slight to be get over but however if the defendant have his money interest and  cost he will have no reason to complain of have suffer on the contrary it will  be a very great hardship on the plaintiff to lose all the money which he pay  lapse of time in payment may be recompense with interest and cost and these  argument be all intend only as a security for payment of the money which end  be answer by the decree in when the money be to have be pay there be a great  scarcity of money also at that time defendant father be dead which be the Act  of God and his executor not act it be some time before the defendant take out  Administration with the will annex of his father which be the default of the  party so that the plaintiff payment of the money at the exact time be dispense  with say per Lord Chan ibidem pound
a article with b for the purchase of a estate of pound per annum for which he  be to give thirtyfive year purchase upon execute conveyance but a discover  afterward that pound per annum of the land be copyhold refuse to go on with  the purchase a bring his bill for a specific execution of the article and the  rather for that b have pay pound in part upon execute the article but Lord  Chan Macclesfield will not decree a specific execution of this agreement it be  unequitable and a matter proper for a jury to mitigate damage but order the  pound to be pay back but without cost Trin sir harry Hicks and Ph Prec in Chan  vin Abr by way of note to pl say in the case of Hicks and Philips Lord  chancellor say that there be no colour for a court of equity to assist this  contract but if the plaintiff have sue at law upon it this court will set such  a contract aside as to the copyhold and that it be a clear case but that he  can not determine upon the point of a hard bargain but upon the other point  order the article to be deliver up and cancel and the money pay down to be  repay SC cite arg lucas Rep in the case of Lewis and Lord Lechmere say that  the vendor offer to procure a Infranchisement of the copyhold or make any  compensation in the price and yet the court dismiss the bill the price be  unreasonable
a as master of a ship of which the defendant be partowner buy several good of  the plaintiff as beef biscuit sail c a fail and on a bill to compel the  defendant to pay they insist that a only be liable because he have money from  the partowner to pay the plaintiff but the court hold that the master be but a  servant to the owner and where a servant buy the master be liable and though  the owner pay their servant yet if he pay not the creditor they must stand  liable and therefore decree the owner to pay the plaintiff their debt in  proportion to their respective share and interest in the ship hill spear and  degrave vern SC post Eq can Abr whatsoever come within the compass of a  servant business the master shall be Chargeable therewith as of his command  and shall likewise have advantage of the same against other but if a servant  borrow Mone in his master name or take it up of a creditor of his master  without order that do not bind the master noise Max dr Stud dial cap
a assign a bind to b b sue this bind in a s name a have judgement and the  judgement affirm in error and after execution take out but before the return  thereof a give a warrant of attorney to acknowledge a satisfaction upon record  and upon this a supersedeas be sue out to stop the execution and upon motion  to set aside the supersedeas it be hold relievable only in equity mich Ann  Parker and lily in b r Mod the assign it be a matter of equity and be more  proper for the court of chancery than for the court of b r and a late case be  cite in c b where be a bind take in trust for another and the obligee die  while the suit upon this bind pen it be hold the beneficiary and trust can not  go on in the action because this court I e c b can not take notice of the  trust or of any other plaintiff than who appear to be so upon record per cur  ibidem when issue be join in chancery that court always award the venire Geo  Mod
a assignment by a widow just before her second marriage and without the  privity of her second husband of a term of year in trust for herself and child  hold good but a power reserve therein to dispose of the remainder of the say  term after the decease of herself and child hold void because such remainder  not be dispose by her before marriage vest in the husband easter blithes case  vide this case Freem Rep vide the case of cotton and king Eq can Abr p c a  bill of exchange be give by a for value receive b assign it to c for a just  debt c bring a Indebitatus assumpsit on this bill against a and have judgement  a bring his bill to be relieve against this judgement because there be real no  value receive at the time of give this bill and c will have no prejudice who  may still resort to b upon his original debt it be insist upon that a may be  relieve against b or any claim as servant or factor of or to the use of b but  equity case abridge er p Lord keep summer hold that c be a honest creditor and  come by this bill fair for the satisfaction of a just debt he can not relieve  against he because it will tend to destroy Trade which be carry on every where  by bill of exchange and his lordship will not lessen a honest creditor  security mich W anon ms Rep Comynss Rep can SC accord
a at the instance of all party concern be by the court appoint receiver after  in the amid of vacation he commit waste all the party concern serve he with a  paper discharge he from be receiver on that account on motion for attachment  for turn he out who be appoint receiver by the court Lord Chan king say though  the general proposition may be true that attachment be to go where a person  appoint receiver by the court be turn out yet it may be otherwise when attend  with these circumstance so deny the motion mich Geo bell and Spereman select  case in Chan
a attorney have be employ by one who become a bankrupt assignee petition to  have the paper deliver up and that the attorney may come in for his demand  acquire step with other creditor per Lord Chan the attorney have a Lien upon  the paper in the same manner against assignee as against the bankrupt and  though this do not arise by any express contract or agreement yet it be as  effectual be a imply contract by law but as to paper receive after the  bankruptcy they can be retain and therefore if the assignee desire it the bill  may be tax and upon payment paper deliver up and this although the attorney  have come in and prove his debt for a creditor who have a security may come in  and prove his debt because possible his security may prove deficient mich ex  part bush vin Abr pl I concern joint and separate commission and creditor come  in under such commission
a attorney have deliver up deed to a executor which he be not oblige to do  till b be bill be pay which deed will be of great use to the executor in  several suit that be then carry on the executor have change his attorney  equity case abridge er p this be a sufficient consideration to make the  executor liable for the full demand whether asset or not Jan duchess of  Hamilton and incledon vin Abr pl SC bro p c a by will give a annuity out of  his personal estate if the executor have misbehave himself the court will  order part of the personal estate to be set aside to secure this annuity Trin  baton and Earnley will Rep m executor in what case the survivor shall take the  whole
a b and c be bind in a bind a be principal and b and c surety afterward I  become bind to the obligee that if the other three do not pay accord equity  case abridge er p to the condition c that he will a month after b one of the  surety pay the money and prefer his bill against I for contribution and the  question be whether he shall be bind to contribute he be but a supplemental  security and the master of the roll seem to think that he shall Trin cook case  Freem Rep
a b and c be bind joint and several in a bind to I S c die I S bring a bill  against c s executor for a discovery of his personal estate and for a account  thereof and to be pay out of asset c s executor may be sue in equity for the  debt without make the survive obligors party rule on demurrer with great  clearness per king c mich Collins and Griffith will Rep this appear to have be  a bind as well joint as several and as the obligee may sue it several at law  so he may also in equity if it be not so there will be no difference in equity  betwixt a joint bind and one joint and several and if any of the obligors have  pay all or part the obligor who be sue or his Representative must bring a bill  and have it allow and it must also lie upon he to compel the other obligors to  contribute towards payment of the debt the creditor lend his money upon term  to have a security upon which he may sue the obligors several and if it be  otherwise that which be intend to strengthen the security will tend to hurt it  for the obligee may not be able to find all the obligors out and by the same  reason that all the other obligors c be to be sue if any be dead their heir as  well as executor be to be make party and then as it will be difficult to  commence the suit so the suit when commence will be subject to continual  abatement which will be a great difficulty on a honest creditor per Lord Chan  ibidem equity case abridge er p c it be insist that the other obligors ought  to have be party to the suit ibidem
a b and c be partner in the Trade of a dry salt c embezzles and waste the  jointstock contract private debt and become a bankrupt the commissioner assign  the good in partnership on a bill bring by the other partner they insist to  have a account and the good sell that out of the produce of the good the debt  owe by the JointTrade may be pay in the first place and that out of c share  satisfaction may be make for what c waste and that the assignee can be in no  better case than the bankrupt himself and be entitle only to what his three  part will amount unto clear after debt pay and deduction for his Imbezzlement  and the court seem to be of that opinion but send it to a master to take the  account and state the case Trin Richardson and Goodwin vern vide goss v  DUFRESNOY Davies cit cook bankrupt law d Edward
a b and c be partner together in the Trade of a dry salt c imbezils and waste  the jointstock contract private debt and become a bankrupt the joint  commissioner assign the equity case abridge good in partnership a and b bring  a bill for a account and to have the good sell to the best advantage and  insist that out of the produce of the good the debt owe to the joint Trade  ought to be pay in the first place and that out of c s share satisfaction  ought to be make for what c have waste or imbeziled and that the assignee can  be in no better case than the bankrupt himself and be entitle only to what his  three part will amount unto clear after debt pay and deduction for his  Imbezilments and the court seem to be of that opinion but send it to a master  to take the account and state the case Trin Richardson and Goodwin vern salk  Title bankrupt Eq can Abr p can S g c OF policy OF insurance and BOTTOMRYBONDS  where a policy of insurance be against restraint of prince that extend not  where the insure shall navigate against the law of country or where there  shall be a seizure for not pay custom or the like vern per Hutchins Lord  commissioner
a b make a will or testamentary schedule all of his own hand write as follow  in the name of God Amen I a b do make this my last will and testament for fear  of mortality till I can settle it more at large I do give and bequeathe pound  unto d p to be pay by my executor or administrator and for sure payment  thereof I do charge all the real and personal estate which I have in the world  I be very desirous to make a provision for the say d p for several good reason  induce I thereunto in witness whereof I have hereunto set my hand this present  that day of December sign a b and deliver the same to the say d p and about a  fortnight before his death a b do declare he have leave with d p a  unquestionable security for pound charge upon his real and personal estate and  that he have do the same for fear of mortality till such time as he can make a  full and complete will which he declare he will do so soon as his wife be  bring to bed to see if it be male or female he die sudden Feb leave his wife  then lyingin of a daughter the judge of the prerogative court give sentence  against the will and pronounce that a b die intestate on appeal to the  delegate among who be holt Ch I price b and judge dorm the sentence be reverse  and they pronounce for the will east Ann Powell and Beresford raym Rep
a bag against CORBS bar pe orlaby pray to discharge pe covert take in  execution on judgement upon demurrer to coverture plead in abatement after  imparlance and the court award a supersedeas especial no judgement be enter  but they doubt what judgement shall be on this plea whether to answer ouster  or peremptory but however on affidavit she be covert before the court will  discharge her Nota Tbis be plead in bar and therefore the court discharge this  rule hill car Keble er p
a bankrupt servant be produce in behalf of creditor to prove some deal between  his master and his debtor but except against because the bankrupt have pay he  his wage post bankruptcy so that be no payment in law Lord chancellor overrule  this exception take the payment to be good and consequent that the evidence be  unbiased and say it be unreasonable that a servant shall come with the rest of  the creditor east Ann Humphryss case ms Rep in this case Lord chancellor say  fair bookkeeping while the Trade be in repute and credit be good evidence but  Razures will abate the credit and bookkeeping about the time the bankruptcy be  commit be not evidence on a issue out of chancery to try whether a bankrupt  have forfeit the allowance out of his estate by game a creditor no witness to  prove he a gamester Str
a bankrupt who estate be in mortgage convey the equity of redemption to a  three person after a Act of bankruptcy but before the Commission issue this  shall not defeat the Assiqnees but where a good fide purchaser for a valuable  consideration and without notice of the Act bankruptcy a have a contest with  the assignee equity will not take any advantage from he therefore not compel a  discovery Talbot c hill collet and de goll and ware can in Eq tempt Talb vide  this case title purchaser Eq can Abr p c a a Commission be a public Act of  which all be bind to take notice but a Act of bankruptcy may be so secret as  to be impossible to be know per Lord chancellor in SC ibidem
a bare a trustee be a good witness for his beneficiary and trust but not a  executor in trust b as he be liable to be sue by creditor and liable to pay  cost and consequent differ from a common trustee east cross and pike will Rep  a vide Barnard Eq Rep p hill when a trustee be to account he shall not be  allow to be examine as a witness in that Cause b but if a executor in trust  renounce the executor part and let we another take out Administration with the  will annex he may be a witness ibidem in a note which seem to be add by the  reporter at the top of p
a bare gift of the residuum be not such a bequest over as will deprive a  daughter of a legacy on condition of marry with consent but there must be a  express bequest over of the particular legacy by Lord Hardwicke chancellor  Wheeler v Bingham will
a bargain be hard and unreasonable it be a reason sufficient why a court of  equity will not give its assistance a as in the principal case where a young  gentleman that have a remainder in tail expectant on the death of his uncle  without issue and also expectant on his father be death of a estate of pound  per annum value sell this remainder for pound two manor be insert in the deed  and it be agree on all hand that it be design the defendant shall have but one  of they the one do not know what he sell and the other do not know what he buy  such a contract never be assist and there can be no ground to give relief to  such a purchaser per Lord Chan hill in the case of sir John Barnardiston and  Lingwood Barnard Rep in Chan atk Rep a but a subsequent deliberate Act confirm  a unreasonable bargain when the party be full inform of every thing and under  no fraud nor surprise shall make the bargain good will Rep equity case abridge  er p equity case abridge cap V amendment a in what case TO be allow and in  what not a
a bastard die intestate without wife or issue the king be entitle and the  ordinary of course grant Administration to the patentee of the crown see salk  man and Napp hill Vac Jones and goodchild will Rep
a be a benefice clergyman devise pound to Mr Baxter to be distribute by he to  sixty pious eject minister and add that he do not give it they for the sake of  their nonconformity but because he know many of they to be pious and good man  and in great want he also give Mr Baxter pound and pound more to be lie out in  a book of his entitle baxter call to the unconverted and it be hold by north  ld king that this be a superstitious use which though void yet the charity be  good and shall be apply in eoden noble birth and therefore decree it for the  maintenance of a chaplain for Chelsea college Trin between the attorney  general and Baxter vern but this decree be reverse I W m by lds Commiss Att  gentleman v Hugh vern
a be a copyholder in tail the Lord grant the freehold of the copyhold to he in  fee the copyhold though entail be extinct per Macclesfield c on time take to  consider of it Trin Dunn and green will Rep unless it be express find that the  custom of the manor allow of intails then this be a fee conditional and plain  merge by the grant of the freehold in fee but suppose the custom of the manor  do warrant intails yet the copyhold be extinguish because in the eye of the  law that be but a estate at will and must be merge by the grant of the  freehold the premise by such grant be sever from the manor consequent the  custom of the manor can corroborate the legal estate at will the copyholder  can hold of himself and the copyhold though entail be swallow up in the great  estate of the freehold and as the tenant after such time as he take the grant  do not himself continue a copyholder so his son on the descent of the freehold  be likewise no copyholder which may be say from son to son ad infinitum if the  entail of the copyhold be not extinguish it will be a perpetuity since the  only proper way of bar the entail of a copyhold be by recovery in the lord  court but after such severance as in the present case no recovery can be  suffer in the lord court per Lord Chan ibidem the editor in a note refer his  reader to Chan Rep can vern Parker and turner vide Vol Eq Abr p can where the  Lord Chan jefferies deliver the like opinion in the like case quaere autem say  the editor if a be a copyholder in tail remainder to b in fee and a take a  grant of the freehold from the Lord to he and his heir and die without issue  be not b in who there be once a vest remainder in fee of the copyhold premise  entitle to the same ibidem
a be a tenant for life of a trust remainder to his son a before a son bear  bring a bill against the trustee and a account be decree and afterward take  this account shall bind the son for all person that can be make party be party  to the suit Leonard and Com Sussex mich vern
a be appoint receiver by the court of chancery of the rend of a estate out of  which a annuity be Payable quarterly to b b acquaint a who her banker be and  order he to lodge the money from time to time in her banker hand for her use  about July a lodge with the banker pound in order to be ready at Michaelmas  quarter as appear by his own affidavit on Michaelmas day b s banker stop  payment and afterward become a bankrupt and now on b s petition the question  be on who the loss shall fall and Lord Chan Macclesfield be clear of opinion  that b ought not to bear the loss of any part of it for till Michaelmas day be  pass b have no right to demand or receive it that therefore in the mean time  the banker be a s cashier and he may notwithstanding his have lodge the money  have take it out again before Michaelmas day be pass even though it be on  Michaelmas day itself provide he have it ready the next day to pay b that  consequent the banker can have no power to receive it for b before because she  have no power herself nor any right to demand it before quarter day that she  can not demand it or at least receive it on Michaelmas day itself because it  be one of the day that no banker make any payment whatsoever and therefore the  lodging the money before b become entitle to it ought not to turn to her  prejudice but a must make it good to her ibidem Prec in Chan SC accord but  whether the loss shall fall on a himself or be bear out of the estate his  lordship say that will come proper in question when a make up his account with  the owner of the estate on his come of age and he be incline to think that a  be not to be answerable for the loss any more than if he have be rob of it  ibidem hill lady shaftesbury case ms Rep
a be bind to b in a bind of pound and b make his will and c executor thereof  and after declare his far will that a shall have the bind and die c prove the  will but omit this codicil and to compel he to prove it a sue c before the c  pen which the bind be sue at law a have file his bill for relief it be resolve  that there shall be no relief for the legacy before the codicil prove and that  then he shall be relieve against the bind by reason of the legacy but the  court support the injunction till c pasch take and Fitzjohn hard
a be bind to b in pound for payment of pound after a and c as his surety give  a bind to b of pound for payment of and interest as a far security for so much  of the pound then a assign a judgement to b of pound towards satisfaction of  the debt and b receive several sum on this judgement and a by the consent of b  receive pound also part of the money secure on this judgement this shall not  go in exoneration of any part of the money secure by the pound bind as it will  do if b have actual receive it and lend it to a mich Halford and Byron Prec in  Chan if I S owe pound by bind for the payment of pound at such a day and pound  by contract to the same person Payable at the same day and at the day I S pay  pound without tell for which it be it shall be a payment in equity upon the  bind because that be most penal upon he mich W anon Mod
a be bind to pay I S a sum of money within a year after his death give a note  by way of collateral security that the money shall be pay out of such arrear  of rend as shall be due at his death the benefit whereof plaintiff now pray by  the bill but the master of the roll say this assignment or agreement be utter  void for it can create any specific Lien because the thing itself videlicet  the arrear be not then in be nor be it to take effect till a s death and then  it be too late for the arrear then become part of his asset liable to his debt  general and this differ from the case of Offreckoning or of pay due or to  become due c which equity case abridge case be object because in those case  the thing assign be certain and the assignee have a certain interest but  notwithstanding the assignment or agreement he a have it still in his power to  receive all the arrear and so defeat his own assignment mich lady grey and  duchess of Hamilton vin Abr pl future contingent interest be no more  assignable in equity than at law say by his honour in SC ibidem say vide the  follow case that a possibility of a term be assignable for a good  consideration be inter all determine in the case of Theobald and Diffay in dom  proc in march will Rep in a note
a be curate of Newcastle covenant with b to build a house upon the glebe land  b bring his bill for a specific performance of this agreement and it be insist  for defendant that this covenant be so lose and insertion that b can have a  specific performance of it incertain both in respect to time and value for it  be neither mention when the house be to be build nor what sort of a house it  shall be and so sound only in damage but per Lord Chan who can the damage go  to sure to b to who the covenant be make his lordship say the covenant be  design for the benefit of the church and therefore if possible it can be  specifical perform it ought ergo decree a convenient house to be build and for  that purpose each side to choose two commissioner neighbour gentleman and if  they can agree then to resort to the ordinary of the diocese to settle the  matter between they Trin Ann Allen v Harding m S Rep
a be declare a bankrupt and the commissioner be inform that he be imbeziling  and conceal his effect and fraudulent convey away and alienate his estate  think it necessary to have he before they before the first day appoint in the  gazette for his examination and accord at the request of the petition creditor  hey summon he personal to attend they to be examine touch the say complaint  and upon his refuse to comply with the summons they get a judge warrant and  the bankrupt by virtue thereof be commit to Newgate and upon his be bring  before the commissioner pursuant to their warrant direct to the keeper of  Newgate and refuse to be examine they recommit he to Newgate there to remain  without bail or mainprize accord to the intent of the statute in that case  make and provide and upon the bankrupt petition the commissioner right of  commit the bankrupt be inter all contest but upon great debate of this matter  Lord Chan be clear of opinion that the commitment by the commissioner be legal  and therefore his lordship order that such part of a s petition as pray to be  discharge out of prison shall be dismiss ex part Lingood ms Rep atk Rep pl for  commissioner power in assign bankrupt estate vide post equity case abridge d  concern the assignee and what act or agreement OF the bankrupt will bind they
a be executor and devisee in the will of I S and receive the personal together  equity case abridge er p with the rend c of the real estate but in a suit in  equity touch the will be decree to be but a trustee he be order to account and  on a account be report to be indebt to b the defendant and beneficiary and  trust in pound the decree be I affirm in dom proc afterward a go beyond sea  and be there a composition be make by which a be to pay a small sum to b and b  be to indemnify a from the testator creditor a be threaten with suit from some  of the testator creditor bring a bill against b to indemnify he c and  Macclesfield c decree that b execute his part of the agreement and indemnify a  against the testator debt mich pollen and sir John husband all will Rep his  lordship say it must be admit to have be in the power of b to make a  composition of this demand and to release if he have please the whole debt  that it be very lawful either for a to ask a composition or for b to grant it  wherefore all that equity ought to guard against be if no fraud be use in  obtain the release of composition that this case be strong as it be b who  first propose and desire a composition beside a have go out of the reach of  justice it may be for the benefit of b to accept of this though a small  composition his lordship take notice that there have be a fair representation  on the part of a and a just compliance by b and in a great measure execute by  a therefore decree as above ibidem
a be father to plaintiff wife and have in his hand a legacy of pound which  have be give her by a collateral ancestor afterward on her marriage with  plaintiff a the defendant give her pound portion and after settle a church  lease on her and her husband and maintain they fourteen or fifteen year at his  own house and no notice be ever take of the legacy nor do it appear that the  husband know any thing of it yet after some difference between they and on a  bill bring the legacy be decree with interest and cost and his honour say he  can not discharge it though he dislike the suit hill anon ms Rep Prec in Chan  hill Chidley ux and lee SC in as many word equity case abridge er p
a be in possession of the office of clerk of the crown c in b r in which b  have also a estate for life procure b to surrender and solicit a patent for  himself and c and take a note from c promise to declare a trust for a the  patent afterward be obtain a die in debt and without call for a declaration of  this trust this note be hold to be a sufficient declaration of trust Trin Ceo  Bellamy and burrow case in Eq tempt Talbot e OF a result trust c
a be indebt pound whereof pound be secure by mortgage and the residue by bind  a before his death make a lease of all his land to trustee for payment of his  debt which lease in the whole be worth about pound a s heir after his death  sell as much land as pay pound which be more than the value of the trust  estate whereof the mortgage be part p who be a creditor for a pound remainder  of the pound bring his bill against the heir and the trustee to have his debt  satisfy out of this trust estate it be insist for the heir that have pay as  far as the value of the trust estate do extend he ought not to have his land  charge any further but it be rule by Lord Chan that since the trust land be  not sufficient to satisfy the whole debt the heir and the trustee and the  mortgagee shall not juggle together to cheat other creditor by pay the  mortgage first off but on the contrary the trust land shall be apply in the  first place for the other debt because the mortgagee can be at no damage be  secure by this mortgage but on the contrary if the mortgagee shall be first  satisfy the other creditor may lose their debt and so the plaintiff in this  case have relief for his debt east Povys case Freem Rep
a be indebt to b b outlaw a and c have good in his hand b bring a bill against  c to discover what good of a he have in his hand the attorney general ought to  be a party to such bill vide Balch and Wastal per Lord commissioner Gilbert  east and Bromley will Rep
a be indebt to his maid servant who live with he for a considerable time give  her a bind for pound as due for wage and afterward by will give her pound and  it be mention in the will to be for her long and faithful service his honour  observe that the bind be for service and the pound legacy also for service so  that it be a great reward and satisfaction for the same thing and so decree  but hold clear that such a legacy be not a satisfaction for service do to the  testator after the make of the will vide Eq can Abr p can Cranmer be case hill  chance S case will Rep but Trin this decree be afterward reverse by king c  upon the particular circumstance vary it from the common case videlicet that  the testator by the express word of his will have devise that all his debt and  legacy shall be pay and this pound bind be then a debt and the pound be a  legacy it be as strong as if he have direct that both the bind and legacy  shall be pay that when the testator give et bind for the pound be rear of wage  it be the same thing as pay it and as if he have actual pay it and have pound  afterward give the legacy of pound the executor can not have fetch back the XI  and make defendant refund so neither shall the bind in this case be satisfy by  the legacy his lordship observe that the executor do not himself take this  pound legacy to be a satisfaction of the bind as appear by his have voluntary  pay the so decree the servant both her debt and legacy ibidem Sel case in Chan  Trin Geo chancy and Wooton S c decree accord per king c
a be indict for not come to church and find guilty application be make to the  attorneygeneral that they may bring a Writ of error but he refuse to allow  thereof and thereupon the Lord keeper be move for such a Writ but he say that  though he have the custody of the great seal yet he will make no use thereof  but accord to the course of the court and therefore can not put the seal to a  Writ of error till it have be first sign and allow by the attorneygeneral and  he take it that a Writ of error in a Criminal matter be ex agreeableness king  in all case but where provision be make for the same by the statute and be not  due ex debt is owed the whole of the laws or de lesson vide infr pl but if  there be real error in the case and a Writ of error be not seek for delay the  way be to petition the king and he will give direction for inspect the proceed  and see if there be real error or whether a Writ of error be seek pure for  delay pasch crawl and crawl vern and the attorneygeneral say that a be indict  on the statute James no error can avail he and the indictment can not be quash  nor the proceed avoid otherwise than by conformity
a be much indebt six hour before his decease give pound for the benefit of his  young child this be not fraudulent as against creditor though it will have be  so of a real estate or chattel real though the court will not have take it to  be so pro acknowledged admitted fact but will have direct a issue to try it  July duffin and Furness select case in Chan and so it be do in Lord some time  and on issue direct determine fraudulent before Lord chief justice holt ibidem  equity case abridge er p cap XLVIL funeral expense
a be parson of the parish of c and b have land in that parish tell a that  there be a modus of S per Ann pay time out mind for his land in that parish  and to convince a of it he show a Copy of a record in b r tempore Elizabeth  where a prohibition be grant against the parson in a suit for tithe in court  Christian upon a suggestion of this modus whereupon a agree with b to take S  per Ann but it appear in the Cause that b suppress part of the record wherein  afterward a consultation be grant and thereby deceive a for that reason the  lord do make void the agreement be obtain by suppress the truth vin Abr pl say  by he to be cite in the case of Broderick and Broderick as the case of doctor  dent and buck in dom proc
a be principal in recognizance of pound and b and c be surety a do afterward  jointure his wife before marriage in some land without notice either to the  wife or her friend of this recognizance and devise his real and personal  estate to b one of his surety and die as to the good paraphernalia of a s  widow though there be debt of a more than the personal estate will extend to  pay yet as the good paraphernalia be liable only in favour of creditor and not  of the heir nor of the devisee who stand in the place of the heir and be hres  factus if the land devise be sufficient topay the recognizance the good  paraphernalia shall be enjoy by the widow but if those devise land shall prove  insufficient the good paraphernalia must be subject before the surety land  shall be extend Trin tynt and tynt will Rep
a be residuary legatee bring his bill against I S who be one of the executor  without his coexecutor to have a account of his own receipt and pay equity  case abridge er p ments I S insist at the hear that his coexecutor ought to  have be make a party and that though in case of two factor a bill may be bring  against one without the other if he be beyond sea yet that have be allow only  for necessity and that it be otherwise in case of executor but the objection  be disallow for per Lord Chan the Cause shall go on and if upon the account  any thing appear difficult the court will take care of it mich Cowslad and  Cely ms Rep Prec in Chan SC accord and per Lord Chan the reason be the same  here as in case of joint factor and the run out of process in this case be  pure matter of form and he doubt whether a foreigner can be serve with a  subpoena in a foreign country
a be seize of land in right of his wife demise the same for year and covenant  for himself and his heir and for his wife and her heir to make a new lease if  a sell the reversion to b have notice of the covenant the estate of b be bind  though at law such a covenant run not with the land Wengood and Lefebury Q  term and year ms Rep whether a agreement to assign a lease shall be carry into  execution against a executrix see smith v Watson bunb Rep king concern  unreasonable agreement and in what case equity will give relief on covenant  and agreement
a be seize of pound per Ann in land in possession and the reversion of pound  per Ann more expectant upon a estate for life devise a legacy of pound to b to  be pay in twelve month out of his land and devise pound to c to be pay in two  year and pound to d to be pay in the space of two year out of his land and  have two son W his old and b the young devise all his land to r who do not pay  the legacy within the time the court all agree that a fee be devise to r  because it do appear that the sum to be pay be more than the profit of the  land in possession will amount unto in that time Trin reak and lie Freem Rep  another question in the above case be whether admit it a fee to r it be not  conditional for many word in a will shall make a condition that in a deed will  not cite Inst a dyer and as to this point all the judge but Jones incline that  it be a trust because that construction will be more beneficial for the  legatee and though the law do construe some word conditional in will that will  not be so in deed yet that be always with this difference I e when that  construction be most favourable to the legatee but equity case abridge Jones  doubt of that point for he say that this court will not take notice of the  proceed in a court of equity and rely upon roll Inst cur advisare vult ibidem
a be seize of the reversion in fee of house of the yearly value of let out on  building lease at a ground rend of pound a year a have issue b his old son and  c d and e young child and devise to c so much a year of a year ground rend in  redlion square to he and his heir and assign for ever and devise to d and e in  the very same word which in all amount to the pound and devise to b who he  call his undutiful son pound ayear out of some lottery ticket it be argue  whether this shall carry the inheritance or not the court think it a new and  difficult case and so it stand over to the next term Trin Geo c b Mandy and  Mandy or maundy and maundy FitzGibb Rep afterward judgement be give for the  young child against the heir at law per tot cur and error bring in b r ibidem  vide Eq can Abr p can SC state more full
a be seize of the trust of a advowson in gross in fee die indebt by specialty  c the creditor bring a bill against the heir at law and the trustee of the  advowson and pray a sale of the advowson Lord chancellor hold that the  advowson be asset and decree it to be sell c he hold that it be a rule that  all land tenement and hereditament be extendable and that a advowson be so in  the case of the king he cite sir William Jones a advowson be a thing valuable  and lie in tenure and may be hold in knight service c he refer to Fleta and  Britton d of march follow the decree be affirm in dom proc eyres c I of c b  price I and comens b attend and be ask their opinion whether a advowson in  gross be asset in such case at law a declare it be and the house do not divide  mich Robinson et all and tongue et all vin Abr pl see will Rep pl SC Str  Robinson et all creditor of dr tongue and tongue et all SC say upon debate it  be hold that a advowson in fee be real asset in the hand of the heir for  payment of debt cite Jon and the decree be affirm in the house of lord a if a  advowson be not asset at law equity will not make it so because that will be  to alter the law by Lord chancellor in SC ibidem equity case abridge f  unreasonable bargain obtain from heir in what case they be relieve
a be tenant for life in possession and have a power to make a jointure of  pound per Ann for every pound which any wife he shall marry shall bring he as  a marriage portion and so for more c a on his marriage with b with who he  receive pound make a jointure of pound per Ann and covenant to make her a  equity case abridge er p additional jointure of pound per Ann for every pound  which he shall receive or be entitle to by virtue of b s father or mother will  and so in proportion for any lesser sum than pound a die without issue b be by  her father be will entitle to one half of a moiety of the surplus of his  personal estate and also by her mother will have right to some land in fee and  a die much indebt a bill be bring by his creditor to subject b s share of her  father and mother estate to the payment of their demand and upon a bill by b  that she may have a additional jointure make to her in proportion to such  share pursuant to a s covenant but in case she can not then that no part of  her estate shall be take from her king c think that this can not be look upon  as bring any further portion to a and that it be not reasonable that a s  creditor shall have any benefit of the residue of b s fortune if ever that  shall be recover in regard she can have any recompense in consideration  thereof pursuant to the article for part with it ergo decree that b keep the  overplus of her estate to herself without have any additional jointure the  remainderman not be bind or affect by a s covenant any further than the  original power warrant mich holt and holt and Gibson all creditor c and holt  will Rep vide title power Eq can Abr p can
a be tenant for life of the manor of d subject to a mortgage of pound to b  remainder to his wife in fee a a acknowledge a statute to c for pound then the  wife die and afterward a sell his estate for life to I S the son and heir at  law of the wife for pound who have no notice of the statute to c the pound be  borrow by I S of d who pay off the pound and take a assignment of the mortgage  for the pound and also charge with the pound and I S covenant to pay the money  and the equity of redemption be limit to he and d covenant to payment to  assign to I S or as he shall direct then I S acknowledge a statute to e who  have no notice of the pound statute to c and I S afterward devise the land to  say a charge with legacy and die decree that c s statute must come in after  the creditor and legatee of I S but e s statute must come in immediate after I  s s legacy and affirm by Lord keeper with the assistance of Trevor I c and  Blencow I east black and Hungerford Prec in Chan a note a be seize in right of  his wife of the manor of d she join with he in a fine and then the use be  declare to b by way of mortgage for secure pound and subject thereto to the  use of a for life remainder c as above ibidem ms Rep SC accord
a be tenant for year remainder to b for life remainder to c in fee a be do  waste b though he can bring waste as not have the inheritance yet he be  entitle to a injunction but not unless the reversioner or remainderman in fee  be make a party who possible may approve of the waste per Lord Chan king  mollineux and Powell east will Rep in a note vide Eq can Abr p note to case  this case state morefully
a be tenant in tail of the trust of a copyhold estate with remainder over and  the trustee refuse to surrender the legal estate to he he bring his bill to  compel they and pen that suit he go to the lord court and offer to surrender  but be refuse not have the legal estate and thereupon he make his will and  devise his estate to his wife and child the court conceive the will sufficient  to bar the entail of a trust and he have do all he can decree the estate to go  accord to the will hill Otway and Hutton vern beneficiary and trust of a  copyhold estate have a equitable interest only may devise it without any  surrender Greenhill v Greenhill ibidem per cur if a provision be make by will  for young child out of some copyhold land and there be a defect in the  surrender equity will supply such defect against the equity case abridge er p  old son and heir at law decree hill Hardham and Robert vern and many precedent  say to be in court of the like nature
a be the devisee for life of a church lease for twentyone year with remainder  over a after the death of the testator and after ten year of the twentyone be  expire renew the lease and pay pound for a fine and a guinea for the lease it  be insist that a s executrix shall have interest for such fine but Lord Chan  king deny this in regard a be to have her life in the renew lease by virtue of  the will and though she perhaps may not outlive the first year of the lease  yet she have her chance for it and so the court deny interest for the fine but  allow the charge of the renewal east Addis and clement will Rep equity case  abridge er p
a be the mother and guardian of the infant heir and receive the rend and  profit of the estate then in mortgage for a term of year the interest whereof  she have pay of which she be entitle to dower but it be never assign and the  mortgagee have never enter upon the premise Lord Chan Cowper hold that there  ought to be a allowance of the three part of the profit for dower to the  mother or her Representative for here when the mortgagee never insist to enter  for his mortgage it will be hard that the heir shall insist upon it to prevent  the dower beside the mother have there be occasion can have redeem the  mortgage equity case abridge and as to the want of a formal assignment of  dower that be nothing in equity for still the right in conscience be the same  and if the heir bring a bill against the mother for a account of profit it be  most just that a court of equity shall in the account allow a three of the  profit for the right of dower east duke of Hamilton ux and Lord Mohun will Rep  Vol Abr Eq p can SC but not S p the reporter say Chan can Osborn and chapman  be cite as a strong case ibidem
a be to procure pound for b borrow it and pay b only pound and the remain  pound in good which prove worth little or nothing and for secure equity case  abridge er p the whole pound both give a recognizance yet that be sue against  b he bring his bill and have a perpetual injunction against the recognizance  on payment of pound only and interest by reason of some circumstance of fraud  in a decree affirm by Lord chancellor hill smith and loader Prec in Chan
a be trustee for b as to a eight of the proprietorship of the province of  Carolina and be at great trouble and charge in relation to the affair of the  province after which b assign his interest to c a bring a bill against c for  the money expend by he c and c bring his cross bill against a in order to  compel he to convey over the trust estate and per Lord Chan Macclesfield c can  be in no better condition than b under who he claim wherefore as b will not  have be assist without pay for the charge and trouble which a have be at in  relation to the trust so by parity of reason c as claim under b must do the  same thing hill Trott and Dawson et econt will Rep Whitacre v Whitacre equity  case abridge er stock be in trustee by will the trustee order their agent to  sell the stock so that he do not sell for less than pound and whatever he sell  for more shall be for his own trouble the agent agree for sale of this stock  for pound and afterward purchase the stock from the trustee for pound who  allow he equity case abridge si for his trouble in buy so that he get pound by  the stock beside the XI allow for his trouble a bill be bring for the overplus  which be decree the court declare that no trustee nor any person act under a  trustee can ever be a purchaser in this court on account of the great Inlet to  fraud east Geo Whitackre or Whitacre and Whitackre or Whitacre select case in  Chan equity case abridge er p
a before her marriage with the consent of b her then intend husband convey a  estate to her separate use and after marriage borrow pound upon her bind ten  year afterward she make her will and thereby give several specific legacy and  make c and d executor on a s death b her husband possess himself of pound of  her money and then the obligee bring a bill against the executor and b c one  of the executor confess asset a but b insist upon the statute of limitation  though a bind give by a feme covert be mere void and in that respect differ  from a bind give by a infant which be only voidable yet in this case all the  separate estate of the feme covert be a trust estate for payment of debt and a  trust be not within this statute vide the case of Blakeway and earl of  Stafford will Rep from whence it seem that the plaintiff ought to be at  liberty to prosecute all the defendant in order to be pay out of the separate  estate leave by the feme covert to which purpose such part thereof as be  undisposed of by the will ought to be first apply and if that not sufficient  then the creditor to be pay out of the MoneyLegacies give by the feme and  suppose there be still a deficiency all the specific legatee ought to  contribute in proportion and all the executor to account for the feme personal  estate cost reserve per the master of the roll Trin Norton and Turvill will  Rep a several executor and some admit asset yet a account shall be decree  against the rest for per his honour it can be material so as to excuse the  other defendant that one of the executor of the feme covert have admit asset  for he may admit asset and yet have none nor any estate of his own and it will  not be reasonable that this shall prevent a creditor from prosecute the other  executor or the husband who may have possess themselves of part of the  separate estate and ought to be responsible ibidem
a beneficiary and trust of a farm whereof eight acre be copyhold and which be  agree to be settle on a and a covenant to surrender they accord mortgage the  farm whereof the eight acre be parcel to b by the name of such a farm with the  general word all and singular the land and tenement parcel thereof or usual  occupy therewith c but do not mention the eight acre of copyhold nor do he  covenant in the mortgage deed to surrender they a die the surrender of the  eight acre not be make b get a decree of foreclosure against c the heir of a  and afterward the covenantor a s father be indebt by judgement to I S at c s  request surrender the eight acre to I S I S bring a ejectment and get  judgement whereupon b bring his bill for relief and the question be between b  the mortgagee and I S whether the mortgage be a Lien on the copyhold and Lord  chancellor hold that the copyhold be never by the mortgage under any specific  Lien and that it will be the same be there no creditor in the case a and so  dismiss the mortgagee bill and affirm a decree make by the master of the roll  hill Ann Oxwith and plummer pale yellow Rep in Eq a his lordship take a  difference where a man original lend money upon a security and where a man  have money due to he on bind tell the debtor will trust he no long upon  personal security only and thereupon he mortgage land to he and where a man  already trust with money seem to grow insolvent and thereupon his creditor  endeavour to bolster up their security as well as they can find out copyhold  land and get a surrender of they for in the first case he trust his money on  the real security but in the latter he do not ibidem
a bequeathe pound to b and make d her executor and die d sell land of his to e  and leave pound of the purchase money in e s hand who give bind for it to d d  make equity case abridge his will and the plaintiff his executor and die  plaintiff inventory the pound as part of d s personal estate afterward b  obtain a decree against the plaintiff for the pound on this equity videlicet  that the pound be leave in e s hand with intent and upon trust that he shall  pay it to b the legatee the court then declare that it be not asset of d s  estate though inventory as such after the now defendant bring debt against the  plaintiff on a bind of d their testator and they not have other asset this  pound be so decree ut above and that decree and payment thereupon not to be  give in evidence or plead at law in that action thereupon the plaintiff  exhibit their bill against the defendant set forth their case to be in effect  ut above and the question be whether the plaintiff shall have a allowance for  the payment of the say pound against the defendant and it be decree that they  shall and that the matter shall go to a account and sir John Maynard say that  if a man sell his land and leave of the purchase money in the purchaser hand  and then give or appoint this money to be pay to a stranger and after make his  will this stranger shall have the money it shall not be asset vide hob east  Jones and Bradshaw Freem Rep Q ms Rep SC accord Chan Rep SC Nels Chan Rep SC  vern SC cite in the case of Baden and earl of Pemberton
a bequeathe to her grandchild b and c some of her best linen his honour hold  this a void legacy for the uncertainty and if it have be the best linen it  have be uncertain though not so uncertain as the other if it be such or so  much of my best linen as they shall choose or as my executor shall choose for  they this will be good and by the choice of the legatee or executor be  reducible to a certainty however as these be grandchild and have no other  legacy by the will and since it be plain the testatrix intend some linen his  honour do by the decretal order recommend it to the residuary legatee to give  some of the best of the Testatrixs linen to b and c which recommendation in  like case he say the court have sometime make mich peck and Halsey will Rep
a bill allege a custom touch church assessment pray a injunction to a suit in  the ecclesiastical court demurrer to and allow Dunn and coat ms note SC atk
a bill be bring against defendant to have the benefit of a decree obtain  against l for recovery of a leasehold estate hold of the dean and chapter of  saint Paul defendant be a purchaser of this estate pendent light from  defendant l videlicet about three month after the bill be file against l and a  Subpna serve upon he and he in contempt for not answer but it be prove that  the defendant be a purchaser for the full value and without any notice of the  plaintiff Title or of the suit and per Lord Chan king where there be a  conveyance make pendent light without any valuable consideration and to avoid  and elude a decree though it ought to be high discountenance and even though  the alienation be for ever so good a consideration yet if make pendent light  the purchase be to be set aside and this in imitation of the proceed in a real  action at law where if the defendant alien after the pendency of the Writ the  judgement in the real action will overreach such alienation but where there be  a real and fair purchaser without any notice it be a very hard case especial  in a court of equity to set such purchase aside and there be some defect in  part of the proof in deraigning the plaintiff Title his lordship refuse to  give the plaintiff leave to amend or make any new proof after publication his  lordship say it be a difficult matter to search for bill in equity or to be  able to get notice of they many of they be after file keep in the six clerk  desk and though this court will oblige all to take notice of its decree as  much as of judgement yet there do not seem to be the same reason for oblige  people to take notice of the fill of a bill so dismiss the bill but without  cost it be a slip in proof Trin sorrel and carpenter will Rep
a bill be bring against the executor of a jointress to have a satisfaction out  of asset for permissive waste upon the jointure of the testatrix c but Lord  Cowper dismiss the bill for here be no covenant that the jointress shall keep  the jointure in good repair and in the common case without some particular  circumstance there be no remedy in law or equity for permissive waste after  the death of the particular tenant per Lord chancellor ibidem I Geo turner and  buck vin Abr pl
a bill be bring against three for a JointDemand and one of they by answer say  he believe and hope to prove the debt pay the plaintiff reply to the other two  defendant but have the Cause hear on bill and answer as against this three and  it be hold that he can not have a decree for though the defendant do not  direct swear that the money be pay yet his answer must be take to be true  because the plaintiff by not reply to he have exclude he of the benefit of his  proof and the rather because it appear a piece of cunning in the plaintiff to  proceed against those who be most ignorant of the matter the plaintiff be  order to pay cost and leave at liberty to reply to the other defendant hill  Barker and wile vern
a bill be bring by a lunatic and his committee to set aside a settlement which  have be obtain from he by the defendant before the issue out of the Commission  of lunacy but subsequent to the time wherein by the Commission he be find to  have be a lunatic and the bill charge several act of insanity and distraction  previous to the make of the settlement and the issue out of the Commission and  charge likewise that the Commission of lunacy be still in force to this bill  the defendant demurrer for that it against a know maxim of law that any person  shall be admit to stultify himself because during the continuance of the  lunacy he can be suppose to know what he do but my Lord chancellor overrule  the demurrer and say that rule be to be understand of act do by the lunatic to  the prejudice of other that he shall not be admit to excuse himself on  pretence of lunacy but not as to act do by he to the prejudice of himself  beside here the committee be likewise plaintiff and the several charge of  lunacy be by he in behalf of the lunatic and it have be always hold that the  defendant must answer in that case and so he be order to do here though the  settlement be not unreasonable in itself be only to limit the estate in  question to the defendant the uncle in case of failure of issue male of the  lunatic with power for the lunatic to charge the same with considerable  portion for his three daughter and a power of revocation mich ridler and  ridler at my Lord chancellor equity case abridge cap XXXIV infant a infant how  far favour in equity b how far bind in equity or less favour than at law c  what act of infant be good void or voidable a infant how far favour in equity
a bill be bring by a the executor and devisee of b against c and other to have  a account of great quantity of bullion good and effect to pound value put into  partnership by b with and send by defendant to several part in Asia and Africa  and to have a account of the profit of the say Trade the defendant instead of  answer plead in bar of any discovery the several act of king William for  establish the eastindia company and the privilege grant to the say company of  trade to the several place mention in the bill exclusive of all other person  and also the forfeiture and penalty which any other person trade thither shall  incur without licence from the company and also plead the Act of the six of  Ann for grant further privilege to the say Com equity case abridge pany the  court say though there be no pretence to have a discovery yet such plea must  have the great strictness and exactness which tend to support wrong do and  they do it say that either b or themselves have not a licence that where two  go on in a unlawful Trade they seem to have entire waive that unlawfulness as  between themselves so disallow the plea and the defendant be order to answer  hill Geo gascoygne and Sidwell all pale yellow Eq Rep the reporter say by way  of note that b at the time of this Trade be a director of the eastindia  company ibidem
a bill be bring by a trustee to compel the specific performance of marriage  article and the beneficiary and trust be not make a party ergo it be pray that  the Cause may not go on after open the bill and answer because if the bill  shall be dismiss the beneficiary and trust will not at all be bind by it and  so defendant liable to another suit for the same Cause plaintiff to pay the  cost of the day and to make the beneficiary and trust a party and the former  bill answer and deposition to stand hill Kirk and clark all Prec in Chan ms  Rep hill Kirk and clark all SC and p order accord
a bill be bring by b s executor to be relieve against a legacy of pound claim  by defendant as give her by b s will this pound legacy be interline in the  will by a different hand and suppose to have be do by defendant herself when  she be leave in the room alone with the corpse in which room the will be but  forasmuch as the will be prove by the plaintiff the executor in a proper court  that have a proper jurisdiction vern wms wms it relate only to a personal  estate and more especial for that the executor may have prove the will in the  spiritual court with a proper reservation as to this legacy Lord Chan Cowper  say his remedy must be there and the bill with cost mich plume and beal will  Rep
a bill be bring by the devisee of land to perpetuate the testimony of a will  and to establish the will his honour dismiss the bill with cost declare that  this Cause be only for perpetuate the testimony ought not to have be set down  for hear Trin hall and Hoddesdon will Rep
a bill be bring by the Lord of a manor to recover a fine for a copyhold on a  equity case abridge er p suggestion that the defendant be admit by attorney  but sometime pretend the attorney have no authority to make such admittance  defendant answer as to part and demurrer as to relief demurrer good mich north  and Stafford will Rep
a bill be bring by the obligee in a bind against the heir of the obligor  allege that he have asset by descent ought to satisfy this bind to which the  defendant demurrer because equity case abridge the plaintiff have not express  allege in the bill that the heir be bind in the bind and though it be allege  that the heir ought to pay the debt yet that be hold insufficient and the  demurrer be allow cross and honour vern
a bill be bring by the wife be prochein any against her husband for a special  execution of article whereby theHusband be to allow her pound per Ann separate  maintenance and he have a decree for the arrear and grow payment of the pound  per Ann per Lord chancellor who say this be not a decree of alimony or to  decree a separation between they Trin to draw close and to draw close pale  yellow Eq Rep Prec in Chan to draw close and to draw close SC in as many word  where a husband make a separate provision for his wife he be not Chargeable by  law for her debt per Cowper c but though that be so yet to avoid the expense  he may be put to in defend such suit his lordship send it to a master to  settle a security to indemnify the husband against the wife be debt ibidem  ibidem Prec in Chan SC and p in as many word a agreement between husband and  wife to live separate and that she shall have a separate maintenance shall  bind they both till they agree to cohabit again per Lord chancellor ibidem  Prec in Chan
a bill be bring for a discovery against a executor and the executor press for  a dismission because the plaintiff have the effect of his suit videlicet a  discovery but per cur as to a dismission to law because the plaintiff have a  discovery here when this court can determine the matter it shall not be a  handmaid to other court nor beget a suit to be end elsewhere and therefore  retain the bill mich car Barker and Dec Chan can vide jesus college v bloom  Ambl ante equity case abridge if a sue in chancery for certain land and  afterward sue in the common plea for the same land the court of chancery will  grant a injunction to stay his proceed in the common plea till the matter be  hear in chancery bill v body Carys Rep the practice be either to dismiss his  bill or oblige he to make his election if a man have his election to proceed  at law or in equity and the bill be for land and mesne profit he may elect to  proceed in a ejectment at law for the possession and in equity upon the  account because at law he can recover damage for the mesne profit from the  time only of the entry lie in the declaration anon vern equity will not suffer  a penalty to be demand if the party will perform that for the nonperformance  of which the penalty be give Hele v Hele Chan can equity will not assist a  forfeiture S p in the case of Brian and Acton Eq can Abr part vide vern when a  parson bring a bill for tithe he must wave the forfeiture Anonymous vern
a bill be bring for a sale of defendant f s estate for satisfaction of  creditor by mortgage and judgement c a papist profess have a mortgage for  pound upon the estate prior to plaintiff mortgage and he have also a judgement  subsequent to plaintiff mortgage and to several other judgement and to other  creditor the question be among the creditor who shall have the priority in  payment the estate not be sufficient to pay off all the mortgage and judgement  per Parker c the mortgage to c be a papist profess be void by the stat W for  that be a interest in land but as to the judgement though a papist can take  out a elegit for that give he a interest in the moiety of the debtor land yet  if land be decree to be sell for payment of debt equity ought to assist the  fair creditor though a papist profess in obtain a satisfaction for his debt  and when the land be sell and turn into money why shall not he be pay his debt  out of that money as well as another person order all the land to be sell and  a account state of the debt and their priority and if there be sufficient to  pay all the creditor then the money to be so apply but if there be a  deficiency then upon the master report the court to determine as to the  preference of the creditor hill Geo Lowther and Fletcher all vin Abr pl will  Rep SC hill in a note vide note to c Mr viner say another point be start I e  that one of judgement creditor have sue out a can sa and take defendant f in  execution to which he say quaere if this creditor shall be let in in a court  of equity to have a satisfaction out of the money raise by sale unless he will  discharge the execution at law and deliver the defendant out of prison for by  the can sa this creditor have conclude himself from take out any other  execution as long as defendant life but indeed if defendant die in prison  after his death creditor may sue out a elegit or Fi fa but as long as his body  remain in execution no other execution can be sue out against he ibidem
a bill be bring for discovery of tithe by a lessee of a parson the defendant  plead the Elizabeth c sect against nonresidence in bar and hold to be a good  plea both as to the discovery and relief per Gilbert c b price page and hale  baron easter Geo in scacc quilter and Mussendine pale yellow Eq Rep and hale b  say that no construction can be too liberal to make parson reside and take  care of their parish a ibidem see bunb Rep the Act say that no lease to be  make of any benefice or ecclesiastical promotion with cure or any part thereof  not impropriate shall endure long than while the lessor shall be ordinary  resident and serve the cure of such benefice without absence above day in any  one year b but every such lease immediate upon such absence shall cease a vide  ground and rudiment of law and equity b year shall not refer to the money but  must be intend a solar year I e day and the absence any day within that  compass per Gilbert c b and price and page baron in the case of quilter and  Mussendine pale yellow Eq Rep if a bill be bring by a heir claim by descent  against another suggest some fraud and pray a discovery if defendant plead he  be a purchaser for a valuable consideration such plea which go to the  plaintiff Title be always good both as to the relief and discovery say per  page baron in the case of quilter and Mussendine pale yellow Eq Rep so in case  of a bill for a account against one as bailiff suggest fraud if the defendant  plead that at such a time he do account he need not go on and set out a  account so say per the same baron ibidem
a bill be bring pray that defendant may discover whether I S under who will  the defendant claim be a papist ornot the defendant plead the statute of pound  W and Lord chancellor be of opinion that he be not oblige to discover that  there be no rule better establish than that a man shall not be oblige to  discover what may subject he to the penalty of a Act of parliament and there  can be no doubt but this be a penal law inflict disability and incapacity if a  bill be bring against a person for a discovery whether he be a papist or not  he be not bind to discover and where be the difference between Mm and the  person claim under he beside what sway with I very much be the great  inconvenience that will follow shall this plea be disallow we shall have  nothing in this court but bill of discovery whether such and such person be  papist or not and nobody know what confusion will follow Trin Geo smith and  read ibidem ms Rep SC accord atk Rep pi vin Abr pi Com Rep SC though it be  object that this be not the case of a forfeiture because the estate be never  vest yet it fall under the same reason and an incapacity or disability to hold  at all by Act of parliament be certain as much a equity case abridge er p  penalty as the forfeiture of a estate by a person who have a right to enjoy it  before the forfeiture per Lord chancellor ibidem in SC ms Rep accord cap LXX  paraphernalia vide title baron and feme n Eq can Abr p
a bill be bring to deliver up a apprentice bind and indenture he be you b of  his time and it be order that the master do either bring his action within a  year or deliver up the bind and indenture for if it be at the master choice to  stay as long as he please he will perhaps stay till the apprentice witness be  dead car baker and Shelbury Chan can
a bill be bring to discover who be owner of a wharf and light to enable the  plaintiff to bring a action for the damage his good sustain by the lighter be  overset by negligence of the lighterman to which the defendant demurrer but  the demurrer be overrule sir John Heathcote and sir John fleet vern
a bill be bring to have a will set aside be obtain by fraud and circumvention  and ld Chan be clear of opinion that a will may in equity be set aside for  fraud or circumvention mich Welby and Thornagh Prec in Chan Eq can Abr S c
a bill be bring to have distribution of a intestate estate accord to the  statute car to which the defendant plead that the ordinary be make judge and  appoint to take security and that the plaintiff ought not to sue here but ld  Chan overrule the plea Pasc car Pamplin and green ibidem vent S p
a bill be bring to have the execution of a parole agreement for a lease of a  house set forth that the plaintiff in confidence of this agreement have expend  large sum of money in repair c to which the defendant plead the statute of  fraud and perjury a and the plea be allow but ld king be of opinion that if it  have be lie in the bill to be part of the agreement that it shall be put into  write it may have alter the case and possible require a answer hill Hollis and  whiting vern note Hollis v whiting be never decide and ld aylesford case Str  be direct contrary per ld Thurlow bro Chan Cas a by the car c all estate  interest of freehold or term for year or any uncertain interest in or out of  land c not put in write and sign by the party make they or their agent  authorize by write shall have no great effect than as estate at will except  lease not exceed three year from the make whereof the rend reserve shall be  two three of the full value of the thing demise
a bill be bring to redeem some land convey in to defendant grandfather by  plaintiff father for year to be void on payment of pound and interest  defendant plead that he be a devisee of those land under his grandfather will  who in purchase they for a year term without condition of redemption and have  enjoy fifteen year quiet possession the court overrule defendant plea for not  answer sufficient as to the mortgage and the plea of the purchase may be true  for it may be only a term for year to attend the inheritance hill Geo meder  and Birt pale yellow Eq Rep
a bill be bring to set aside a will of a personal estate and to stay the  probate upon a suggestion of its be obtain by fraud and the defendant demurrer  to the jurisdiction of the chancery whereupon a injunction be move for insist  that the demurrer confess the fraud and that fraud be cognisable in equity as  well as in the spiritual court but injunction deny Trin Stephenton and  gardener will Rep and per cur the spiritual court have jurisdiction of fraud  relate to a will of personal estate and can examine the party by way of  allegation touch the same and if the will be false read to the testatrix then  it be not her will ibidem
a bill be bring to subject the defendant jointure to the payment of her debt  which she contract while she have a separate maintenance from her husband per  ld Chan have the separate maintenance continue there will have be some reason  to follow that and make it liable but that be at a end there be no reason that  the jointure shall be liable and the bill be dismiss and the rather because  the executor of the husband who may have pay the money be not make a party  Paso kenge and Delaval vern say vide Compton v Collinson bro Chan can cit ante
a bill be dismiss because the tenant be only party and not the Lord they have  attorned to a new Title against their first equity case abridge lessor may  ware and Reily vin Abr in a note to pl SC bro p c
a bill be exhibit against the defendant to have her discover whether she be  marry since the death of her husband to which she demurrer and assign for  Cause that several good and chattel be devise to her by her husband which she  be to enjoy during her widowhood only and that a discovery may amount to a  forfeiture of her interest in they and the court allow the demurrer car  Monnins versus Monnins Chan Rep vide bill of discovery Title bill Eq can Abr  equity case abridge er p
a bill be exhibit against the husband and wife concern the wife be inheritance  the husband stand out all the process of contempt and it be move that the bill  may be take pro acknowledged admitted fact it be oppose because that the wife  have in the interim obtain a order to answer in which she set forth a Title to  herself and the court decree that the bill shall be take pro acknowledged  admitted fact against the husband only and that he shall account for all the  profit of the land receive since the coverture and the profit which shall be  receive during the coverture hill James ware and meath Chan can a bill be  bring by the plaintiff against the husband and wife daughter of the plaintiff  the husband put in a plea in the name of he and his wife and swear to the plea  but the wife will not be swear and the husband move that the plea may be  accept suggest that the wife do it by combination with her mother and it be  order that the plea do stand for the husband and the plaintiff to proceed  against the wife pain v I Chan can if husband and wife exhibit a bill for a  demand in right of the wife the defendant answer witness be examine and  publication passes and the husband die and the wife marry a second husband if  they bring a new bill they may examine again the same witness as be examine in  the former Cause Anonymous equity case abridge er p
a bill be exhibit for a discovery whether in a mortgage make by a to b which  have be assign to the defendant there be not some trust declare for the  benefit of the plaintiff the defendant by answer deny there be any trust  declare for the plaintiff and the answer be reply to the question at the hear  be whether the defendant shall be oblige to produce the deed and ld king say  he will not oblige he for by this method all purchaser may be blow up but the  reporter add a quaere yet hall v Adkinson vern for this salk how far purchaser  without notice be favour Title purchase Eq can Abr if there be a deed of  settlement under which two person claim the court will order it to be bring  into court for its safe custody and both party to use it as they have occasion  and take copy of it if they please Banbury v Briscoe Chan can if a man seize  of land in fee have diverse charter deed and evidence and make a feoff in fee  either without a warranty or with warranty only against he and his heir the  purchaser shall have all the charter deed and evidence as incident to the land  ration terrae to the end he may better defend the land himself have no  warranty to recover in value for the evidence be as it be the sinew of the  land and the feoff not be bind to warranty have no use of they but if the  feoff be bind to warranty so that he be bind to render in value then be the  defence of the Title at his Peril and therefore the feoff in that case shall  have no deed that comprehend warranty whereof the feoff may take advantage  also he shall have such charter as may serve he to deraign the warranty  paramount also he shall have all deed and evidence which be material for the  maintenance of the Title of the land but other evidence which concern the  possession and not the Title of the land the feoff shall have they   light a
a bill be exhibit for discovery of a bankrupt estate the defendant demurrer  thereto because the bankrupt be not make a party and the demurrer be allow  hill sharp and gamon vern
a bill be exhibit for the payment of pound for a rend of pound per Ann arrear  for twelve year suggest that the deed by which it be create be lose and there  be proof that it be constant pay before the twelve last year the master of the  roll decree that the arrear and grow rend shall be pay because it do not  appear what kind of rend it be and so no remedy at law hill car collet and  Jaques Chan can vide SC ante Eq can Abr
a bill be exhibit suggest that the defendant have set up a bill pretend to be  make by one who die in the great sickness in London and that the defendant  pretend to be executor of it endeavour be insolvent to get in the debt due to  the testator whereas the will be undue obtain and now litigate in the  spiritual court and the court on motion order that the debtor to the decease  estate shall forbear to pay any money till the matter settle in the spiritual  court although it be urge that the objection of insolvency may be make to  every executor pasch car Smallpiece and anguish Chan can equity will oblige a  executor to pay arrear of rend though the person of the testator be not liable  at law Eaton coll v Beauchamp Chan can the defendant testator give the  plaintiff pound to be pay at the age of twentyone year the bill suggest that  the defendant waste his estate and therefore the plaintiff pray he may have  his security to pay this legacy when due which be decree accord by the master  of the roll hill pound car Duncumban v stint Chan can so where the testator  devise aLegacy to his child a infant Payable at the equity case abridge er p
a bill be exhibit to be relieve against a apprentice bind and article and to  have they up and upon hear it be order that the defendant do within a certain  time videlicet one year bring his action and go to trial thereupon for his  damage or in default thereof the bind and article to be deliver up and the  reason give be that if it be in the defendant choice to stay his action as  long as he please he will stay till the plaintiff witness be dead and this  practice of put the master to sue or to deliver up the indenture be say to be  usual hill car baker and Shelbury Chan can Freem SC and p semble in auters  case for witness may die ibidem SC ante
a bill be exhibit to be relieve against a bind I of the testator suggest that  it be enter into without any consideration it be only for that the testator  have unlawful keep company with the defendant and have a bastard by her a  demurrer to that part of the bill be allow although it seem by the case to be  admit that a demurrer be not the proper way to be relieve for scandal but that  the bill ought to be refer and the scandal expunge mich page and neal vern see  the book
a bill be exhibit to be relieve for tithe Oar in b a township within the  rectory of c and the court hold that tithe Oar be not due of common right but  by particular custom only and therefore direct a trial to he have at law  whether there be any and what custom within the say township for the payment  of tithe Oar with direction to the judge to endorse the postea how the custom  be find upon the trial pasch Niccol and wiseman vern queen if this case be not  misname and shall not rather be call Buxton v Hutchinson vide vern vide ante  pl
a bill be exhibit to be relieve touch a rend charge upon land by will the  defendant plead the statute of limitation and that there have be no demand or  payment in forty year and the court hold that the case in coke report   on the  statute Henry concern only customary rend between Lord and tenant and not a  rend which commence by grant or whereof the commencement can be show Trin  Collins and Goodall vern
a bill be exhibit to discover a personal estate and will the defendant  demurrer because it appear on the plaintiff own show that they be neither  creditor or Legatees and the demurrer be allow hill car Blondell ux and  Pannett et all finch vide ante p Gethin v gale
a bill be exhibit to examine witness in perpetuan Rei memory to prove a modus  kill the defendant demurrer for that the bill be to establish a custom against  the church and in prejudice of tithe which be due common jure and several  precedent be cite where bill to have a modus decree be upon a demurrer dismiss  but this bill be only to preserve testimony the Lord keeper think it  reasonable the defendant shall answer and overrule the demurrer Somerset v  Fotherby vern vide paulet v Ingres vern Parry v Roger ibidem
a bill be exhibit to prove a will and perpetuate the testimony of the witness  the defendant upon cross examination of one of the witness exhibit a  interrogatory to he to discover what deed or Settlements he know the testator  have make to which the witness demurrer not pertinent to the matter in issue  and ld king overrule the demurrer because he will not introduce such a  precedent as for a witness to demurrer for it do not concern the witness to  examine what be the point in issue Ashton and Ashton vern
a bill be exhibit to prove a will and perpetuate the testimony of witness the  defendant plead himself a purchaser without notice of any such will and insist  that unless there have be a verdict in affirmance of such will nothing hinder  the plaintiff but that if he have a Title he may recover at law the plaintiff  ought not to be admit to examine his witness thereby to hang a cloud over a  purchaser estate and upon debate the court allow the plea he James bechinal  and Arnold vern SC ante
a bill be exhibit to redeem a mortgage to which the defendant demurrer because  by the plaintiff own show it appear the mortgage be sixty year old but upon  argument the demurrer be overrule because it be charge in the bill that the  mortgagor agree the mortgagee shall enter and hold till he be satisfy which be  in the nature of a Welsh mortgage and in such case the length of time be no  objection mich Orde and Herning vern so where a bill be exhibit to redeem a  mortgage make in though the mortgagee enter in and there be three descent on  the defendant equity case abridge er p
a bill be exhibit touch the plaintiff jointure which the bill charge be by  parole agreement make on the marriage agree to be pound per annum the  defendant plead that after all treaty and agreement touch the marriage  settlement a jointure be actual settle and accept and the marriage thereupon  have eighteen year before and Lord chancellor the jointure deed be a evidence  that all the precedent treaty and agreement be resolve into that but order the  defendant to answer and save the benefit of the plea to the hear Bellasis v  Benson l vern the plaintiff have lend I S pound on a mortgage and afterward  discover that the estate be premortgaged to the defendant get in a old satisfy  encumbrance and bring his bill to compel the defendant to redeem or be  foreclose and it be object that the plaintiff in this case as between he and  the defendant who be a purchaser ought to have prove the actual lend and  payment of the ConsiderationMoney and to produce the deed or a acquittance be  not fumigate equity case abridge er p holt v mill equity case abridge er to  cause to go but the court hold it well enough and that the produce the deed or  acquittance be sufficient evidence mich the Lord chief justice holt and mill  vern vide hall v Dench l vern whereby sir John Churchill master of the roll  there be four thing favour in equity videlicet livery attornment assent to a  legacy and the new publication of a will and in either of these case a slender  evidence will serve the turn
a bill be file by one partowner of a ship on behalf of himself and the other  partowner for a account of the profit of the ship j the defendant demurrer on  the ground that all the partowner shall have be make party and by sir Lloyd  Kenyon master of the roll this objection be decisive this be not like the case  of part of the parishioner fill a bill for themselves and the other  parishioner to establish a modus but here all the partowner shall have be  party Mofatt v Farquharson bro Chan can
a bill be file by the Lord of a manor claim by prescription a right to certain  toll for good land at a certain place and pray a discovery of the good land  there by the defendant the defendant by his answer deny the plaintiff Title  and refuse to discover the quantity of good land and by Lord Henley chancellor  the defendant be not compellable to discover till the plaintiff have establish  his right at law where the Title be in equity the court will compel such a  discovery but not where it be at law it will be very inconvenient b put it in  the power of every wharfinger or Lord of a manor to harass person and oblige  they to make such discovery Northleigh v Luscombe Ambl e bill because Timet in  what case proper
a bill be file for a account of timber cut down on the premise let by the  plaintiff to the defendant and for a account of some stone which he have carry  off the land by Lord Hardwicke bill be not to be maintain in this court mere  for timber out down after the term be go out of the tenant by assignment nor  can bill be bring here for a account of waste do without at the same time pray  a injunction for stay of waste and not satisfaction of damage be the proper  ground for the court to admit such bill and it be to event multiplicity of  suit that the court when it grant a injunction will at the same time decree a  account of waste do as in the case of a bill bring for discovery of asset a  account may be pray at the same time and though original the bill be bring  only for a discovery of asset yet to prevent multiplicity of suit the court  will direct a account to be take the case cite do not come up to the present  in Whitfield v Bewick wms it do not appear that a injunction to stay waste  general be not pray and as to bishop of Winchester v knight I wms I be at a  loss to know on what ground the court go for it be far from be a general rule  of this court to entertain a bill against a executor for a Tort commit by his  testator the probable reason for the decree in that case seem to be that it be  the case of i dig i be a sort of Trade and in many case this court will  relieve and decree a account of over take when in any other Tort do it will  refuse belief it be swear that the timber sell only for so it be below the  notice of this court in point of value and as for the stone that demand be  vexatious for they be remove in order to meliorate the land the bill be  dismiss with cost but without prejudice to any remedy the plaintiff may have  at law jesus college v bloom Ambl
a bill be file for the payment of several bill due for business do by a  attorney at law and solicitor in chancery demurrer because the plaintiff  remedy be and ought to be by suit at law or by application to the court of  chancery in a summary way and the demurrer be allow Parry v Owen Ambl
a bill be for a account by a a merchant against b a merchant a s partner b  plead that the deal concern which a pray a account be transact equity case  abridge er p above twenty year before the bill bring and plead such  acquiescence without suit and also the statute of limitation in bar of the  account per cur forbearance of suit for twenty year will in equity be a good  bar though between merchant and merchant hill Geo in scacc bridge and Mitchell  pale yellow Eq req
a bill be prefer for discovery of Title and write the defendant plead that  hewas a purchaser for a valuable consideration without notice of the plaintiff  claim and so demurrer the plea equity case abridge be rule to be ill per Lord  chancellor because he do not set forth the particular consideration but if  that have be express it have be good mich Millards case Freem Rep and so it be  hold in one snag case ibidem
a bill be to be relieve against a judgement in ejectment which be obtain by  virtue of a purchase under a venditioni set forth of a term for year upon a  outlawry of the plaintiff who insist that his Title to the land be a fee and  not a term for year upon which a injunction be grant but defendant plead the  purchase under the outlawry and it be allow and the injunction dissolve hill  Geo Robinson and hay pale yellow Eq Rep
a bill be to redeem land mortgage in to the defendant grandfather by the  plaintiff father for five hundred year to be void on payment of and interest  the defendant plead that he be a devisee of those land under his grandfather  will who in purchase themfor a two hundred year term without condition of  redemption and have enjoy fifteen year quiet possession but the court overrule  the plea for the defendant not answer sufficient as to the mortgage and the  plea of the purchase may be true for it may be only a term for year to attend  the inheritance hill Geo meder and Birt pale yellow Rep in Eq
a bill bring by one tenant of a manor suggest a custom for the tenant the  manor of a of which he be one to out turf in the manor of b to quiet he and to  have a issue direct as to the right be the end of the bill this bill be  improper and inconsistent with the nature and end of such bill which be that  where several person have one and the same right in which they be disturb on  application to the court to prevent expense and to which each of they axe  entitle to on their several right multiplicity of suit issue will be direct  and one or two determination will establish the right of all party concern on  the foot of one common interest but in all those bill either all party join or  a determinate number in the name of themselves and the rest prefer a bill but  in this case one only bring the bill on the general right and not on the foot  of any particular distinct right bill dismiss with cost per king c Trin Geo  baker and Roger Sel can in Chan Mr attorneygeneral admit the rule but say the  plaintiff be the only person interrupt and therefore the other can be make  plaintiff and to make they defendant will be only bring they into court to pay  their cost but per l Chan this be not suggest in the bill ib
a bill bring to compel a specific performance of a agreement enter into by a  attorney for and on behalf of his client promise to pay the plaintiff pound be  dismiss by Talbot c with cost the attorney have enter into such agreement by  the consent of his client easter Johnson and ogilby will Rep and his lordship  compare this case to that of broker or factor act for their principal who his  lordship say be never hold to be liable in their own capacity ibidem but if  the attorney have have no authority from his client then it will have be a  fraud in he to have make this engagement and he will himself have be liable  say per Lord chancellor ibidem
a bill by a judgement creditor to open a decree of foreclosure to which suit  he be not a party suggest fraud and contrivance between mortgagor and  mortgagee to cheat he of his debt the mortgagee plead the decree of  foreclosure and purchase of the equity of redemption and by answer deny the  fraud but admit he have notice of the judgement when he bring his bill to  forclose but do not know the person who have get judgement nor where to find  he and for that reason do not make he a party to the suit the mortgagor by his  answer admit the mortgage but say he be in prison at the time of the  foreclosure but own he employ a solicitor to appear for he c that be very poor  and necessitous and in prison he be prevail on to assign his equity of  redemption for guinea though the estate be worth a great deal more per Cowper  c since the mortgagee have notice of the judgement before the foreclosure and  purchase of the equity of redemption the plaintiff may go before the master  and be at liberty to surcharge or falsify the mortgagee account but the  mortgagee be not to account for the profit since the decree of foreclosure and  plaintiff be a judgement creditor and not a party to the bill of before  closure may redeem mich Geo bird and gandy Id pl note in this case the  plaintiff be a obscure person be order to give security to answer cost in case  he do not redeem ibidem
a bill can be bring by a single copyholder to be relieve against a excessive  fine a because this ought to be try by a jury but a bill may be bring in order  to settle a general fine to be pay by all the copyholder tenant of a manor to  prevent a multiplicity of suit and that with this diversity be the case of  Middleton and Jackson Chan Rep vo and Popham and Lancaster ibidem to be  understand say per king c mich in grammatical case Cowper and clerk will Rep a  such a bill dismiss with cost mich Cowper and clerk per king c ibidem
a bill for payment of pound and a annuity of pound be grant by defendant to  plaintiff a young woman who come to live in the family of defendant then a  marry man as companion to his sister and afterward occasion a separation  between he and his wife by Lord Hardwicke though the grant be express to be  for diverse cause and consideration it be plain on the evidence nor be it  dispute to what it be apply it be also plain to I that what this unhappy woman  submit to be from the seduction of defendant her youth and previous good  character be evidence of this and that certain have be the principal ground of  the determination in this court where it have be consider as premium chastity  when the young woman submit to the suggestion of the man and be guilty of no  fault before nevertheless he dismiss the plaintiff bill but without cost say  that this case differ from the other by the defendant be marry so that the  plaintiff be leave without any excuse have she not know that he be marry as if  the wife be at a distance or if any imposition on her be prove it will be a  different thing priest v parrot ves
a bill in another Cause be not to be read as evidence against the plaintiff  name in it unless it be prove that it be exhibit with his privity for any one  may file a bill in another name car Wollett and Robert Chan can
a bill in equity lie not for a satisfaction where the thing sound in damage  though it do to confirm a custom Bovey and Tracey in scacc Trin Geo ms Rep
a bill in equity lie not to compel the performance of a agreement to pay money  in consideration of have stifle a prosecution for felony by if to stop a  prosecution at law for a fraud east in grammatical case Johnson and ogilby all  will Rep rule matter of fraud be cognisable in equity as well as at law will  Rep will Rep
a bill in equity lie to compel a specific performance of a award to convey a  estate where the party submit have receive the money in consideration whereof  he be to convey the estate sue for equity case abridge and the court will give  cost it be a defence against conscience for defendant to take the money award  and yet refuse to perform his part of the award Trin hall and hardy will Rep  ibidem it be say by way of note that these decree may not have be usual  because award be common to pay money in which case a bill in equity to compel  a performance be improper but where the award be to do any thing in specie as  to convey a estate c in such case if the defendant have accept the money award  he in satisfaction of the conveyance it be high reasonable that he shall make  the conveyance the rather for that if the plaintiff have sue the bind at law  the defendant will have be relieve by bill in equity against the penalty of  the bind upon a quantum injure so that such a decree as in the principal case  prevent a suit in equity
a bill in equity will he for recover ancient quitrents though very small as  two or three shilling per annum Cox and Foley vern
a bill in equity will not lie to recover quitrents unless the premise be  uncertain vide Bouverie v apprentice equity case abridge bro Chan can a suit  for small tithe not proper for chancery neither have it be use per sir John  churchil as friend Curice Chan can the court of chancery will not retain a  suit by English bill under pound value except in case of charity nor under the  value of S per annum in land
a bill in equity will not lie to redeem a mortgage of chamber in a inn of  court where the student be to enjoy quiet without disturbance but the  plaintiff must apply to the bench and if not redress there then to the judge  of the society and the court at Westminster have always decline meddle therein  and in the present case the master of the roll say he will not meddle with it  but the bencher themselves have recommend it to plaintiff to come hither and  leave they at liberty to make this application his honour be of opinion that  the bill be proper and decree a redemption hill Bakestraw all and brewer will  Rep decree affirm by Lord king upon a appeal July Sel can in Chan Trin Geo SC  say his lordship oblige they to show that the bencher of grey inn will not  determine the matter but have give leave to go to law and say this regard be  to he have to all the society of law that all their dispute may be terminate  among themselves and that Lord keep wright refuse tohear a Cause of this  nature and send it back to the bencher in the present case the court determine  the right and order that the bencher shall settle what be due for principal  interest and cost and to take a account of the several receipt and allowance
a bill lie in equity to compel the delivery of a altarpiece undefaced Talbot c  mich duke of Somerset and Cookson will Rep
a bill lie not to ascertain the bind of a manor in part unless plaintiff  establish by proof what share he claim sir John web and bank east Geo ms Rep
a bill may be amend where there be not proper party make defendant to the suit  Offley v jenner Chan Rep if there be any oversight or mistake in the bill  which require amendment before the defendant appearance it may be amend upon  motion without pay cost but if it be amend after appearance cost must be pay  the cost upon a demurrer put in for a slip or mistake be twenty shilling which  be pay the party may amend without motion but if any new matter arise after  the Cause be at issue which be necessary for the plaintiff to set forth this  be regular do by fill a supplemental bill which the court will admit upon  motion and affidavit of such now matter
a bill may be bring in behalf of a infant in ventre sa mere and a injunction  obtain to stay waste Musgrave v Parry vern
a bill of exchange be obtain by fraud and ill practice and the court declare  it a gross fraud order the party cost to be ascertain by his oath dyer v  Tymewell vern
a bill of review be bring and demurrer to and afterward the plaintiff in the  bill of review move to dismiss the bill as not be regular file upon payment of  cost out of the pound deposit upon the fill thereof and the same be grant per  Lord Chan Cowper mich Geo the bishop of Durham and sir Henry lyddal vin Abr pl  SC bro p c
a bill of review for error apparent will not lie after twenty year to be  compute from the time of the decree make not of the enrolment and the same  doctrine hold in the case of a bill of rehear per Lord Camden chancellor smith  v clay Ambl m bill original after a decree
a bill of review ought not to be bring but for manifest error appear on the  face of the decree or for new matter arise since the decree of which no  advantage can have be take without leave of the court to bring such bill upon  new matter discover mark Ashton and smith vin Abr pl and no bill of review lie  without pay the duty decree Jan bishop of Durham and Lyddall S p ibidem pl in  SC ibidem pl
a bill of revivor upon a bill of revivor lie mich car hard agree per cur  attorney general and sir Edward Barkham in Scaccario if one be name defendant  in the original bill who be yet alive he ought not to be name in the bill of  revivor because the suit never abate quoad he ibidem but if name in the bill  of revivor only he may be name in every bill of revivor after because he be  not name defendant in the original bill ibidem a Cause be hear and the decree  sign and enrol the plaintiff the suit have abate bring a bill of revivor and  the defendant insist that he equity case abridge er p
a bill pray a discovery and charge the defendant with profess the Romish  religion to this the defendant demurrer because he be not oblige to answer to  that which will subject he to diverse penalty the demurrer be allow and it be  order that he shall not answer that part which concern his religion Wynn and  doughty mich Ann ms Rep
a bill show that one commoner have recover one shilling or other small damage  against the plaintiff for oppress the common or for use the common where he  ought not and therefore that the defendant another commoner may accept of like  damage for what be pass to prevent charge at law be in nature of a bill of  peace and proper in equity paulet v Ingres vern
a bill to compel trustee to enter to preserve contingent remainder be of the  first impression for their Title be mere at law per Lord Chan hill Geo in  grammatical case reeves and reeves vide Eq can Abr p can Mod but every  remainderman have a right to come into a court of equity and pray the aid  thereof to compel person to bring in the deed and evidence relate to the  estate say per Lord Chan ibidem
a bill to open a account of money pay must state specific error else every  transaction may produce a chancery suit per sir Lloyd Kenyon master of the  roll tailor v Haylin bro Chan can
a bill will not lie by one parish against another to have a issue to ascertain  boundary saint Luke v saint Leonard equity case abridge bro Chan can equity  case abridge er p d bill OF discovery and herein OF what thing there shall be  a discovery if the king grant the good of a felon the grantee may compel any  one in who possession they be to discover they caryi
a bind be put in suit against a executor who plead plene to manage that he be  a bind creditor himself and have pay himself on the trial it appear there be a  interlineation of pound after the bind be execute so at law the bind be entire  void now application be make that though the bind be void at law yet it may be  consider as good in equity for what it be real give and Lord c king say that  this at most can be but a charge by simple contract for you yourselves have  destroy its be a bind so it be as if it never have be and so can be no bar to  the payment of a debt of a superior nature Trin Geo duke of chandos and Talbot  select case in Chan
a bind for pound be seal and deliver by defendant and b for who defendant be  to be bind but c who draw the bind loft out defendant name the obligee have  first fold down the bind show defendant the condition with his hand and seal  and demand the money or fresh security which he agree to but afterward find  the mistake he refuse the bill be to be relieve against the fraud in c and to  have a performance of the defendant last agreement and per Lord keep defendant  hand and seal be sufficient evidence for equity to relieve and decree against  the defendant upon the first agreement but since fortynine year be not a  sufficient time to ground a presumption in equity as defendant will have it  his lordship say defendant may take a issue and try payment or nonpayment hill  Crosby and Middleton collison all Prec in Chan the plaintiff have not prove  any demand to have be make or interest pay on this bind for fortynine year  pass and therefore defendant insist that that will be a sufficient time to  ground a presumption of payment even at nisi prius ibidem equity case abridge  g bottomry bind
a bind give by a feme covert joint with her husband shall bind her separate  property and leasehold estate shall be subject to the decree of the court but  the court will not decree that the trustee of her real estate shall make  conveyance of that real estate and by sale mortgage or otherwise raise the  money to satisfy a general engagement of the wife neither will the court order  the pe e covert to execute a power but where the power have be execute will  give a remedy by stop the fund vide Hulme v tenant equity case abridge bro  Chan can
a bind himself and his heir in a bind and devise his land to I S in fee and  die on a bill bring by the obligee in the bind upon the stat W m cap to affect  the real asset in the hand of the devisee the devisor heir must be make a  party per Cowper c mich Gawler and wade will Rep it be the Act of parliament  which make this asset in the devisees hand and that require the heir to be  make a defendant the plaintiff must follow the remedy therein prescribe and  this bill in equity be as a action at law by if there be no heir and perhaps  it may be otherwise too if the bill have charge that the plaintiff have make  inquiry and can find or discover no heir per Lord Chan ibidem
a bind of pound penalty be enter into and the question be whether it be for  the benefit of the corporation of or for the defendant and the witness for the  plaintiff be all member of the corporation it be object that they can not be  read they swear for their own benefit which exception be allow but it appear  that the defendant have crossexamined some of the plaintiff witness not only  to question bare whether they be of the corporation or not but to other  question which tend to the merit of the Cause the Lord keeper declare then  make they good witness though they be member of the corporation and upon their  evidence it be decree for the plaintiff mich the corporation of Sutton  Coldfield and Wilson vern and per Lord keeper a corporation ought to have a  townclerk and underclerk that be not freeman that they maybe competent witness  upon occasion and he say that he think it very hard in the case of the  Waterbailage of London that no one freeman of the city though it be note  concern to he can be admit as a witness but there indeed the fee be in  question and here be only a bare sum of pound in dispute he think that not  considerable enough to take off a man testimony
a bind or mortgage be prima fancy a good evidence of a debt but wherever there  be manifest sign of fraud the obligee c in such case ought to prove actual  payment of the money a Trin per Lord Chan Talbot in the case of piddock and  brown et all will Rep a and though he may happen thereby to lose some part of  the money real due to he for want of be able to make sufficient proof this be  but a just punishment of he for the fraud which he plain appear to have be  guilty of and will be a proper discouragement to other from commit the like  per Lord chancellor ibidem
a bind pro Easiamento favor if reduce to a judgement be not avoidable at law  nor even relievable in equity per wright equity case abridge Lord keep Trin in  grammatical case I have and ash Prec in Chan
a black merchant OF bombay versus Dorrell a eastindia merchant be bind at  Bombay in a bind to appear in this court to answer the demand of another  merchant there permit to appear here accord Mr Dorrell who come from Bombay  and have a dispute with a black merchant there of a civil nature concern  property have upon his leave Bombay enter into a bind condition for his  appearance in this court at his arrival in England to answer to any demand  that may be make against he by or on behalf of the say black merchant in that  country and also to abide by the determination of the mayor court there or  else to appeal therefrom to the king in counsel serj Hewitt move on behalf of  Mr Dorrell that he may appear in this court in such method as the court shall  judge proper in order to prevent the forfeiture of his bind the court after  require notice to be give to the eastindiacompany who do not oppose it admit  his appearance and direct that he shall enter into a recognizance with surety  in the penalty of the bind to answer the demand express in the condition of  the say bind which he be to do before one of the judge of this court as his  surety be not now present NoteThis rule be take on the civil side of the court
a bring a bill against one who be assignee of a lease and charge that the  defendant know that the lease be expire and that the same do appear by write  in his custody the defendant plead that he be purchaser of the lease and that  at the time of the purchase he be inform that there be fiftyseven year to come  in the lease and therefore give after the rate of nineteen year purchase for  it and the plea be allow and a demurrer also Worcester v Parker vern
a bring a bill in form poor man to which the defendant put in a plea and  demurrer which be both overrule and it be insist upon that he shall have no  cost be at none but my Lord summer after long debate and inquiry of all the  ancient counsel and clerk v who agree that he shall have cost order he his  cost like other suitor for though he be at no cost but small cost yet the  counsel and clerk do not give their labour to the defendant but to the Pauper  Pasc Scatchmer and Foulkard
a bring a bill in the duchy Chamber against b who demurrer to the bill and the  demurrer be allow afterward the chancellor of the duchy give leave to a to  amend which b insist to be utter irregular and that a ought to be put to bring  a new bill in regard that by the allow of the demurrer the Cause be out of  court though before the argue thereof a may have amend b Trin Lord Coningsby  and sir Joseph Jekyll master of the roll in the duchy Chamber will Rep b  agreeable to what be urge by b it be say by Lord Talbot December in the case  of versus banns that after a demurrer to the whole bill allow the bill be  regular out of the court and no instance of leave to amend it ibidem in note
a bring a supplemental bill contain new matter discover since the fill of his  original bill and a decree pronounce thereupon but not sign and enrol and at  the same time a petition of rehear in the nature of a bill of review pray that  the former decree may be rectify in the particular complain of by the  supplemental bill though this method be not of very long stand yet there have  be some precedent of it I e one in Lord Talbot time and two in the present  chancellor and it be of itself a reasonable thing that this method shall be  allow of where a decree be not sign and enrol it be find upon reason because  if a shall be force to sign and inrol a decree which he think himself aggrieve  by and then to bring a strict bill of review it will only tend to increase  expense and vexation whereas the method which a have take attain the justice  of the case as full as the other will indeed this method shall be put under  some restriction as well as the other and as in the other method videlicet of  a bill of review a must annex a affidavit to such bill set forth that the  matter on which he find his belief have come to his knowledge since the time  of the decree so it be fit that a affidavit of this sort shall be annex to the  supplemental bill but accord to the former precedent that have not hitherto be  require and therefore it can be insist on in this case per Lord Chan east  standish and Radley Barnard Eq Rep atk Rep pl ms Rep SC to the same effect f  bill OF interpleader
a bring his bill against b and c who put in a insufficient answer and prefer  their cross bill against a b become a bankrupt his assignee bring their bill  in nature of a bill of revivor against a they shall not go on till c have  answer a s bill mich child all assignee of Evans and Frederick l will Rep
a by a marriage settlement be tenant for life remainder to trustee to raise  pound for young child portion as a shall appoint remainder to his first son in  tail a have several child appoint the pound among his young child and  particular pound thereof on b his second son who be then under a treaty of  marriage the old son die six year afterward whereby b become old son and  entitle to the whole estate after his father be death and thereupon a make a  new appointment of the pound among his other young child and it be hold that  though b be a person at the time capable of take within the power of appoint  yet it be upon a tacit or imply condition that he shall not afterward happen  to become the old son and that this be a defeazable appointment not from any  power of revoke or upon the word of the appointment but from the capacity of  the person and decree accord hill Chadwick and doleman vern
a by a voluntary deed covenant with b and c stranger to stand seize to the use  of himself for life remainder to the use of b a c during the life of e the  daughter of a his heir at law upon trust to apply the profit c for the benefit  of e and after her death to b and c and their heir during the life of the old  son of e upon trust to raise portion for young child and then to convey to the  old son c with remainder over c object that the plaintiff who claim as the old  son of e can have no benefit equity case abridge under this settlement for  that the trustee be stranger to the consideration of blood no use thereby  arise to they accord to the Lord Pagetts case and Lord chancellor be of the  same opinion bill dismiss mich Geo nugent and Hancock vin Abr pl in this case  it be object for the plaintiff that there may be a difference where the estate  trust or use in the trustee be limit for the benefit of the blood and family  of the covenantor and where for collateral or other purpose as be Lord Pagetts  case the trust term there be for payment of debt c but here the trust be for  the benefit of the blood of the covenantor videlicet his grandson c say non  allocatur ibidem cap CXVII ware
a by article be to build house b furnish he with material and take a  assignment of the article for his security but before the assignment a be a  bankrupt b have a special equity in as much as by what he advance a be enable  to perform his agreement to the common benefit of the creditor and therefore b  shall have all the money he advance after he have a specific interest in the  article but as to what he give credit for before he trust as another creditor  east decree per Lord Chan on a rehear Langton and hall vin Abr pl Lord Chan  put the case of a in building a ship who become a bankrupt and after b furnish  material to finish it b shall have all his money and not come in average with  the other creditor ibidem in S c
a by article before marriage covenant for himself and his heir to lie out  pound in a purchase of land to be settle on the wife for her jointure  remainder to the first c son of that marriage in tail male successive and die  intestate leave asset in fee descend to his nephew who be his heir at law but  the personal estate be not near sufficient to pay his debt the widow claim her  paraphernalia and also that she may have her jointure and to have the  deficiency of the personal estate supply out of the real asset and the  question be whether the wife be jewel c of above pound value in the first  place and in ease of the real asset shall be apply to satisfy this covenant  since good paraphernalia be personal estate and the rule as it be say arg be  that all personal estate ought to be apply in exoneration of the real and Lord  Chan Macclesfield decree that put the creditor out of the case the widow shall  have her paraphernalia a mich tip and tip will Rep a good paraphernalia be  preferable to legacy and a specific legatee shall not compel the application  of the good paraphernalia to pay any debt in favour and ease of his specific  legacy per Lord chancellor who deny it to be a rule that in all case the  personal be applicable in ease of the real estate for it shall not be so apply  if thereby the payment of any legacy will be prevent much less where it will  deprive the widow of her good paraphernalia ibidem so decree by his lordship  in grammatical case puckering and Johnson the same term ibidem in a note by  the editor equity case abridge er p
a by deed make his heir tenant for life with remainder over and charge the  estate with a sum of money to be raise by sale of the inheritance for any  number of year not exceed or for year determinable upon four life the tenant  for life bring his bill that there may be a contribution and not that he who  be the heir of the family shall be force to bear the load of the whole charge  but that the whole inheritance may be apportion and bear a part of the burden  plaintiff counsel argue that the word be capable of a double construction  equity case abridge videlicet that the money shall be raise by sale of the  land for year or of the inheritance and this must be the construction for a  man can alien the inheritance for a number of year and when the word of a deed  will bear a double construction the court will so construe it that the whole  charge may not be throw upon tenant for life who be heir of the family Lord  Chan say if he can help the heir he will but that the word will not bear it  for the person who make the deed have take such nice care that it shall not be  sell but for so many year and the word can possible admit of a construction  that the whole fee may be alien hill Ann Hele and Wynn ms Rep
a by forge letter of attorney attest by two witness transfer SouthSea stock of  b to I S for a valuable consideration pay by I S who after receive the next  dividend Macclesfield c hold this transfer void and decree that the company  take the stock from defendant the Transferree and restore it to b the  plaintiff the original proprietor and that I S pay back the dividend to  plaintiff and pay both the company and plaintiff their cost Trin hildyard and  SouthSea company all ibidem a order for make a election recite only that the  plaintiff prosecute defendant at law and in equity for one and the same matter  so that defendant be double vex wherefore it provide that the plaintiff his  clerk in court and attorney at law have notice of the order do within eight  day after notice make his election in which court he will proceed and if he  elect to proceed in chancery then the proceed at law be by that order to be  stay by injunction but if he elect to proceed at law or in default of such  election within the eight day then his bill be to be dismiss with cost by  Jekyll master of the roll mich anon will Rep in a note if one make a special  election to proceed at law as to part and in equity as to the other part with  regard to what the plaintiff in equity elect to proceed at law his bill ought  to be dismiss with cost per his honour ib
a by his will give two legacy to his daughter b of pound each one of they for  her sole and separate use she be marry without a settlement a decree be obtain  for place out these legacy for b s benefit b s husband upon petition to Lord  Chan Macclesfield obtain a order his wife consent for one pound and the other  pound by consent to be lie out for the separate use of the wife the husband  and wife she be join in a Assignmentof the last pound to secure a debt to d  and the husband become a bankrupt d bring a bill against the assignee under  the Commission and also against the husband and wife and king Lord chain  decree the assignment good and the residue to be pay to the assignee the wife  rehears allege that she be poor and not able to produce the order of Lord  Macclesfield object that the order be voluntary and do not bind creditor  object equity case abridge also that the assignment be good it be of her  separate estate though under twentyone and that infant may execute a power by  a attorney Lord Chan as to the objection that the order be voluntary and do  not bind creditor he say that be a hard censure on the proceed of this court  and such Settlements be usual practice and this present one be accord to the  will where the husband make a voluntary provision for the wife to take place  after his death it have be adjudge fraudulent but here it be set apart  immediate as to the assignment itself he admit that if the feme have be sole  it have not be good but the case be strong because she be a feme covert and  though in case of mere power or authority infant may execute because nothing  move from they yet this be a interest and can no more be depart with in equity  by a infant than by a infant assignment of a legal estate at law decree vary  Trin Halsey and Badham ms Rep viner Abr title baron and feme e a can mich  Halsey and Badham SC accord n concern the wife pinmoney and paraphernalia
a by marriage article engage himself to leave his wife a moiety of his  personal estate at his death and be possess of a annuity in the exchequer  dispose of it by deed Poll in his lifetime afterward he make his will and  thereby devise to his wife certain land for life equity case abridge upon  condition that she shall not make any demand upon the article against his  executor and after her decease devise the land to b and give several legacy  and die the wife waive the devise and insist upon the article the question be  whether the wife shall have one moiety of the personal estate which the  husband have at the time he enter into the article or only a moiety of the  personal estate he die possess of Lord chancellor the annuity must be account  a part of the personal estate the wife be to have a moiety of for be she to  have but a moiety of the personal estate the husband shall of leave at his  death it will be in the power of he to defeat the article by alienation or  gift the reason of insert at his death be to explain he mean only a moiety of  his estate a this death which have escape misfortune and loss Trin Ann equity  case abridge er p Webster and Milford ms Rep the wife be wave the devise and  be let in upon the personal estate wrought a deficiency in the legacy Lord  chancellor think it the high equity that b who have by the waiver gain the  possession of a estate of which he will have have but a reversion if the wife  have accept the devise shall contribute what he be benefit by the waiver  towards raise a fund for payment of the legacy and his lordship think pound in  reversion worth but pound in possession and decree that accord to this  estimate the value of the land be settle by the master shall be charge if  thelegacies require it ibidem
a by marriage settlement after the limitation to his son in tail male limit  the remainder to b for life and after his decease to the heir male of his body  hereafter to be beget Talbot c hold that b take a estate in tail and that the  word hereafter to be beget do not confine it to the issue bear after as bring  into existence and to bring forth   light and Edward and this his lordship say  be to prevent the great confusion which will otherwise be in descent by let in  the young before the elder east Hebblethwaite and Cartwright case in Eq tempt  Lord Talbot a of the sufficiency and disability of a witness b what will be  admit as evidence et econt and here of presumptive evidence c in what case  parole or collateral evidence shall be admit d of examine witness in chief and  de bene be and establish their testimony in perpetuan rei memory of publish  read amend and suppress their deposition
a by parole agree to lease certain i for year in pursuance whereof plaintiff  enter and seek for lead and now sue for a discovery and performance of the  agreement defendant plead the statute and that plaintiff after his entry quit  the i and never insist on his bargain till defendant discover the lead benefit  of the plea save to the hear Wynn and Lloyd ms note Q term and year
a by settlement after marriage convey to trustee to family use reserve a power  to sell but covenant that the purchasemoney shall be pay to the trustee to the  same use afterward he sell to b who though he have notice of the covenant pay  his money to a and now a be dead insolvent his child file their bill against  the representative of b for a application of the purchasemoney for the  defendant it be contend that the conveyance be voluntary be fraudulent as  against a purchaser and per Lord Thurlow though it will have be as well at  first if the voluntary covenant have not be think so little of yet the rule be  such and so many estate stand upon it that it can be shake bill dismiss Evelyn  v templar bro Charles can
a by settlement after marriage create a term in trust by mortgage or sale to  raise pound for the portion of each of his daughter provide they marry with  their mother consent and direct a yearly payment out of the rend until they  marry and if any of they die before marriage with such consent her portion to  cease and the premise to be exonerate thereof and if it be raise to be pay to  such person to who the premise shall belong and by will he create another  TrustTerm to raise by sale or mortgage pound whereof pound to be pay to each  of his daughter in augmentation of their fortune subject to such condition as  in the settlement and by a codicil create another term for the better raise  their portion a die the daughter marry without consent this proviso be only in  terror and make no forfeiture and the portion shall be raise but the husband  apply to the court for payment of their portion the master of the roll order  proposal to be make before the master as to the settle the money mich Geo  Hervey and Ashton can in Eq tempt Talbot atk Rep l pl in this case the husband  of one of the daughter be dead her portion be order to be pay to her ibidem m  what shall be say the feme separate estate where she reserve the power a OF  her own estate c and here OF alimony or separate maintenance a if a woman  under a power limit money to her husband after her decease though he die first  yet his representative shall take it ms note Q term and year
a by settlement after marriage create a trust term of one hundred year by  mortgage or sale to raise pound for the portion of each of his daughter  provide they marry with their mother consent and direct a yearly payment out  of the rend till they marry and if any of they die before marriage with such  consent her portion to cease and the premise to be exonerate thereof and if it  be raise equity case abridge to be pay to such person to who the premise shall  belong and by will he create another trust term to raise by sale or mortgage  pound whereof pound to be pay to each of his daughter in augmentation of their  fortune subject to the condition in the settlement and by a codicil in  pursuance of a power of revocation he create another trust term for the better  raise of his daughter portion a die the daughter marry without consent though  this provision be only in terror and make no forfeiture yet upon the husband  apply to the court for payment of their wife portion the master of the roll  order the same to be raise but that proposal be make before the master as to  the settle the wife fortune mich Geo Harvey and Ashton case in Eq tempt Talbot  in this case the husband of one of the daughter be dead her portion be order  to be pay to her ibidem
a by settlement entail his estate with power of revocation by any write  publish under his hand and seal in the presence of three witness the land  descend to his son who mortgage it to I S who bring his bill to foreclose and  it appear that a have by his will wherein he recite his power declare that  equity case abridge er p he revoke the settlement though but two witness who  sign but another present yet Lord chancellor decree that the mortgagemoney  shall be pay and say that in strictness here be a good execution of the power  a three witness be present though he do not sign his name and if there have  not yet it be proper that such a little circumstance shall be help in equity  hill car sail and Freeland vent
a by virtue of several Settlements be tenant in tail after possibility of  issue extinct of some land remainder in fee to trustee in trust for he and his  heir and as to some other land be tenant for life remainder to his first and  other son remainder to trustee in fee in trust for the right heir of b who  heir a be and as to other land be tenant in tail remainder to the right heir  of his father who heir he likewise be and be likewise seize of a very  considerable real estate of his own purchase and possess of a large personal  estate make his will and devise some part of his land to his wife for life and  give several legacy and have no issue devise all other his land tenement and  hereditament out of settlement to his nephew provide he take on he his surname  subject to raise pound in case the testator leave a daughter and it be hold by  my Lord chancellor assist with the master of the roll Trevor Ch just and just  Tracy that all the estate thus settle pass by the will notwithstanding the  word out horned owl settlement for the word hereditament comprehend a  remainder or reversion as well as a estate in possession decree mich sir  Litton stride and lady Russel vern
a by will charge his estate with a annual sum for the maintenance of scotchmen  in the university of oxon to be send into Scotland to propagate the doctrine  of the church of England there and presbyter be settle in Scotland by Act of  parliament the question be whether this devise shall be void and so fall into  the estate and go to the heir or shall be apply Cy pres but there be no  resolution Pasc the attorneygeneral and Guise vern c where a defect with  respect TO the land good c appoint or the person TO take shall be supply in  favour OF a charity a appointment of land to a charity will be good though  there be neither livery of seize nor attornment duke be Char use if a debt owe  by statute bind judgement or recognizance which in law be equity case abridge  er p a thing in action be give for the creation of a freeschool this shall be  a good appointment within the statute to maintain a charitable use decree car  ibidem if copyhold land be devise to a charity they shall pass without any  surrender and shall bind the heir but the Lord shall not lose his fine ibidem  tenant in tail may devise land to a charity and such devise shall be good  though there be neither fine or recovery ibidem Att gentleman v rye vern S p  decree
a by will devise a annuity of pound per Ann and also pound in money to b and  his heir and if b die without heir then to a charity b die without issue in  the lifetime of a and then a die the will void as to the whole and the charity  can take king Chan Trin attorneygeneral and Gill will equity case abridge er p  Rep it be say that the remainder ought to be support as give to a charity but  per Lord Chan suppose it void if give to a common person so shall it be also  when give to a charity that the devise be to b and his heir and if b die  without heir to a charity such devise over be void and the word heir shall not  be construe to signify heir of the body where the devisee over be not  inheritable and the death of the first devisee b in the lifetime of a can make  no alteration if the will be void at the make ibidem note this Cause come  before the court on a demurrer and per Lord chancellor this Cause come before  the court as full upon the demurrer as it will do upon the hear and save  charge to the party ibidem
a by will devise a estate to be by they dispose of by sale and to distribute  the money among her child and grandchild as therein direct and among the rest  the sum of pound to b her only son who be a lunatic and make c her daughter  executrix who soon after a s death prove her will in the ecclesiastical court  on the death of a the lunatic have a estate of pound per annum descend to he  and be now under a committee appoint by the court of chancery and his child  have be educate and maintain by the say committee and have not any other  provision but what be devise by a s will and therefore the trustee name in the  will exhibit their bill against the lunatic to prove the say will per testes  and to have the say trust thereof perform and execute which Cause be at issue  and several witness examine at the hear Lord chancellor declare that the will  be well prove bee Luther and kerby vin Abr pl
a by will devise a legacy of pound to Catherine Earnley the person be name who  claim this legacy be Gertrude Yardley it be insist for her and admit that no  person name Catherine Earnley claim this legacy it be prove that the testator  voice when he make his will be very low and hardly intellligible that the  testator usual call the legatee of this pound catty which the scrivener who  take instruction for draw the will may easy mistake for Katy and that the  scrivener not well understanding who this legatee of the pound be or what be  her name the testator direct he to I S and his wife to inform he further who  afterward declare that Gertrude Yardley be the person intend it be also prove  equity case abridge er p that the testator in his Lif etime have declare that  he will do well for her by his will at the first hear his honour incline to  think that the legacy be void but at another day he give his opinion that the  legacy be a good legacy to Gertrude Yardley though the same be give by the  will to Catherine Earnley and his honour say if this have be a grant nay have  it be a devise of land it have be void by reason of the mistake both of  Christian and surname east Beaumont and fall will Rep in this case the name  and not the person be mistake and it be very material that there be no such  person as Catherine Earnley claim this legacy which together with the proof of  the testator have a very low voice when he make his will and of his have  tisually call the plaintiff gatte instead of Gertrude and often declare he  will do well for her be sufficient to entitle her to this legacy per his  honour ibidem
a by will devise particular legacy to his child and grandchild and pound  apiece to a and b who he make executor for their care the surplus of the  personal estate be pound and upward the question be whether the surplus shall  be a trust for the child or go to the executor and it be decree a trust for  the child mich foster and Munt vern per jefferies Lord chancellor Granvill v  Beaufort vern S c cite and say to be affirm in the house of lord vide ball v  smith vern Granville v Beaufort p wms and Farrington v Knightley p wms since  this case there have be variety of resolution both in chancery and the house  of lord on this head notwithstanding which this matter seem as undetermined as  any in equity for though the law cast the whole personal estate on the  executor yet as the intention of the testator be chief to be regard in a will  if it appear by a strong and necessary implication that the executor be not to  have it to his own use equity will decree he a trustee for the next of kin to  the testator and therefore it seem agree that if stranger or distant relation  be make executor and legacy be give they for their care and trouble that they  shall not have the surplus but where the executor be as near relate as those  who claim as next of kin and they have have all legacy give they though  perhaps some of they great and some of they less great doubt have be in which  instance it have as appear by the case be determine accord to the intention of  the testator collect not only from the word of the will but likewise from  collateral proof of testator great kindness c which upon these occasion have  be admit sometime for the executor and sometime for the next akin equity case  abridge a by will give several legacy therein specify to all her next of kin  by equity case abridge er p
a by will direct that his trustee shall out of the rend and profit of his  estate raise and pay unto his son b and his wife over and above what the  testator have by his say will before give they pound per Ann during their  respective life pound per Ann whereof to be pay to the wife for the better  support of herself and daughter the remain pound per Ann to go to the son the  son die in the testator lifetime the son wife shall have the whole pound per  Ann decree by sir Joseph Jekyll master of the roll hill Cowper and scot all  will Rep f it be observe that the pound per Ann give to the wife be not make  Payable to her during the coverture or during the joint life of he and her  husband but general and so must be intend for her life as any general devise  or grant must be take to be for the life of the devisee or grantee say per cur  though this clause be unskilful pen yet it be plain and express that the  testator son and his wife shall have a annuity of pound per Ann for their  respective life and such express devise be not to be control by word that be  doubtful and bare capable of another construction the testator may well be  intend to have mean that during the coverture pound per Ann out of the pound  per Ann shall be allow for the maintenance of the wife and her daughter and  not that the daughter be maintenance shall remain a clog on the wife during  her life if she shall happen to survive her husband and when probable her  daughter will have have another provision fall to her on the death of her  father as in fact she have ibidem
a by will give a annuity of pound per Ann to I S out of his personal estate it  happen that I n the executor have say that he will go to gaol and leave the  legatee unpay and though the annuity be by the will make Payable quarterly yet  it be three year in arrear a it be pray that the executor shall give security  for the payment of the annuity the executor have by his answer submit it to  the court whether he shall give any security and appear to have express  himself in word threaten to defeat the annuity his honour order the master to  see a sufficient part of the personal estate set apart and assign to a trustee  in trust to secure the annuity Trin batten and Earnley will Rep a note it be  insist for the annuitant that these arrear shall carry interest say per cur  this be only do where there be great arrear but it be not usual to compute  Insterest for so small a sum ibidem
a by will give a legacy to b at twentyone and if he die before twentyone then  to the plaintiff b die before twentyone and the only question be whether the  plaintiff be entitle to the legacy present or must wait till b if he have live  will have be twentyone and on time take to consider of it king c be of opinion  the plaintiff be entitle to the legacy present but where a legacy be give to  one to be pay at twentyone so as to be a interest vest in he present though  not savable till twentyone if the party die before that age equity case  abridge his executor or administrator shall not have it till the legatee if he  have live will have be twentyone year of age Trin Launde and William decree at  my Lord chancellor will pep S c where it be say that the rule in equity seem  by this resolution to be settle accord
a by will give his child several legacy and to his old son pound afterward he  give he pound to go to Italy and be a merchant enter on the debtor side of his  book my son debtor pound then by a codicil have take a account of his estate  and find it will not answer all the legacy he retrench pound out of each of  the young child legacy without take any notice of the old son or his pound his  honour decree the whole pound to the old son Trin bird and Hooper Prec in Chan  his honour mention the case of Lord Guernsey who marry a daughter of sir John  bank with who he have a considerable fortune in land afterward sir John build  a house upon the land and be a merchant make a entry Lord Guernsey debtor so  much for building the house and then make his will and devise the residue of  his estate to his two daughter and yet it be hold that this house shall fall  into the Lump of the fortune give to the lady Guernsey ibidem equity case  abridge er p
a by will give his executor pound for his care in perform the will and make no  disposition of the surplus but parole proof make of the intention and  direction of the testator to the scrivener that the executor shall have the  surplus yet the surplus decree to the next of kin Trin Rachfield and careless  will Rep Mod SC under the name of Rashfield and careless say the pound be give  to the executor for the care and pain he may take in fulfil the trust in the  will
a by will give his grandaughter pound on condition she continue with his  executor till she be twentyone but if she be take from they by her father who  be a papist or marry against the consent of his executor then he give her but  pound the daughter be place by the executor with a clergyman who before she be  twentyone with consent of one of the executor permit her to make a visit to  her father and he take that opportunity to marry her to a papist and she be  decree the legacy at the roll but upon a rehear ld king hold that she shall  have but the pound only and he say that in this case there be no difference  between a condition that she shall not marry without consent and that she  shall not marry against consent hill creagh and Wilson vern quare whether  there be any limitation over
a by will give his wife pound per annum in long exchequer annuity during her  widowhood and the same day by a codicil he give her a further exchequer  annuity of pound in money to be pay her immediate after his death and on his  deathbed he order his servant to deliver to her she then be present two bank  note equity case abridge er p
a by will give the plaintiff who be his cousin and heir at law of the whole  blood pound to buy he mourning give several estate to his brother of the half  blood in fee and several other legacy and also pound apiece to the defendant  to buy they mourning and then say all the rest c of my manor c good chattel c  and all other my real and personal estate whatsoever I give to b c and d the  defendant who I nominate and appoint executor of this my will equal to be  divide between they to hold to they their heir and assign for ever the bill be  to have the surplus a result trust for plaintiff the heir because defendant  have legacy give they but equity case abridge decree for the executor and  affirm in dom proc east dorm and bertie ms Rep Prec in Chan SC accord say the  court hold that if one can give away the surplus of his estate it be do here  and no trust for the heir and cite the case of Crompton and north as a much  strong case and yet hold no trust and though a legacy give a executor may be a  argument against he quoad the surplus when not express give he yet it can be  no argument at all when it be express give he also the plaintiff have a legacy  give he and not the surplus which turn the argument strong against he say the  decree be affirm in the house of lord that it be no trust for the heir
a by will in devise land of pound per Ann to trustee to pay out of the rend  and profit per Ann to his wife for her life without any Deductions ?In  satisfaction for her dower and the question be whether there be to be a  allowance for the landtax or not hold per the master of the roll that this  devise be to be consider as a rentcharge to the wife and therefore as all such  rend be Chargeable by the landtax Act so ought this and the save in that  statute of covenant and agreement between landlord and tenant do not extend to  this case but note that as the party have pay the annuity without deduct the  tax the court will not go back to make the party refund nor be it so much as  pray mich green and Marygold vin Abr pl vide the case of king and Weston p can  and the note there if a devise be of a rentcharge clear equity case abridge er  p of all tax by express word it will be subject nevertheless by the landtax  Act because there be no save as in the case of covenant c between landlord and  tenant but here the word of exception be not so strong it be not say clear of  tax or without tax but without any deduction so that testator seem not to have  have the case of tax under his consideration but deduction of other kind and  there be no reason why the testator if he have intend it to be clear of tax  shall not have mention the word tax since if no landtax be then actual in be  it be a kind of tax that have be before and be well know that every landtax be  a new grant to which all be party and thereby be a liberty to deduct out of  all rentcharge and annuity say per his honour ibidem
a by will in write attest by three witness devise a copyhold estate to his  wife afterward the testator on the day of his death direct his nephew to  obliterate some devise but nothing as to the copyhold devise to his wife and  then cause a memorandum to be write that he have examine peruse and approve er  of the will as so obliterate and alter by his nephew in his presence but do  not republish it in the presence of three witness but direct his nephew to  have it write out fair but before it be bring back he become delirious and  this be equity case abridge er p goodwill as to the copyhold pasch Burkitt and  Burkitt vern by the car cap it be enact that all devise of land or tenement  devisable by the statute of will or any custom shall be in write and sign by  the party devise or some other in his presence by his direction and shall be  attest and subscribe in his presence by three or more credible witness or else  shall be void if a will be attest by three witness who several sign their name  not be present to either yet each sign be in the presence of the testator make  it a good will within the statute anon Chan can
a by will recite that b owe he pound give and bequeathe that pound to he  provide he out of the pound pay several sum in the will mention to his wife  and child and the rest and residue he free and absolute give to he and will  and require the executor to deliver up the security immediate upon his death  and not to claim or meddle with the debt or any part thereof but to give such  release or discharge as b his executor or administrator shall require or think  fit b die in the lifetime of the testator and it be hold that tile money  direct to be pay the wife and child be well devise but as to the residue  devise to the debtor himself that it be a lapse legacy he die in the lifetime  of the testator although it be admit that if the testator have say I forgive  such a debt or that my executor shall not demand it or shall release it that  will have be a good discharge of the debt though the debtor die in the  lifetime of the testator mich Elliott and davenport vern decree will Rep SC  and decree per Lord keep b die in the life of a the reporter say the master of  the roll be of another opinion and Lord keep say it be a doubtful case a  appeal be bring from this decree to the house of lord but before hear the  party agree ibidem
a by will subject both his real and personal estate to the payment of his debt  decree that the heir shall pay the debt by such a time or in default thereof  the real estate to be sell and liberty give to the heir to sue for the  personal estate Feb Stydolph and Langham vin Abr pl
a by will subject both his real and personal estate to the payment of his debt  decree that the heir shall pay the debt by such a time or in default thereof  the real estate to be sell and liberty give to the heir to sue for the  personal estate seem to have be so decree on a appeal February Stydolph and  Langham vin Abr pl vin Abr pl SC accord
a can sue as a creditor one coexecutor without the other nor as residuary  legatee per cur hill Geo scurry ux and Morse Mod
a case concern the hundred OF Witherley a writ of error the hundred of  Witherley judgement affirm in a writ of error to reverse a judgement give upon  the statute of Winchester for hue and cry upon a robbery the error insist on  be this because the hundred quoad captionein robbing be find culpable the  whole court agree this to be no error for it shall be take and so intend that  they be guilty as to the charge but not as to the spoil and so by the rule of  the court judgement be affirm
a Cause have be hear and refer to a account the plaintiff afterward move to  examine two of the defendant de bene be which be order unless Cause be show  and the defendant counsel in show Cause take this difference videlicet equity  case abridge that although it be a order of course a to examine a defendant de  bene be save just exception yet when the Cause be open and it appear that the  defendant be party interest it be proper to show it as Cause against such a  order before the witness were examine which difference be allow of but it  appear in this case that the defendant have give release of their right the  Cause be disallow pasch clover and falconer vern a after a bill file in any  Cause the court will on affidavit that any of the witness be age or infirm  sick or go beyond sea so that the party be in danger of lose their testimony  order they to be examine de bene be which will make their deposition valid in  that Cause only and against those who be party to it but if it appear that  they may afterward have be examine in chief regular such deposit shall not be  make use of to establish testimony in perpetuan Rei memory a bill must be file  against all those concern in interest set forth the Title and that the party  be in danger of lose the benefit of the testimony of several witness by their  age sickness c vide the case of Philips and Carew Eq can Abr part p p wms S p  and the deposition take in such a case will not only bind the party in that  and all other suit but likewise all those claim by or from they vide style be  pract req the plaintiff examine his witness de bene be in mich vacation and in  hill term follow the defendant put in his answer and five week afterward  equity case abridge er p
a charge all his land in c in Essex and endfield in Middlesex with pound a  year to the poor of endfield in a suit on behalf of this charity for the  arrear of this equity case abridge er p rentcharge it be not necessary to make  all the Tertenants of the land out of which the rend issue party hill attorney  general and Wyburgh et all will Rep
a child bear live but bruise trespass and assault be bring against one sims by  the husband and the wife for beat of the woman cook the case be such as appear  by examination a man beat a woman which be great with child and after the  child be bear live but have sign and bruise in his body receive by the say  battery and after die thereof I say that this be murder Fenner Popham send  away the other clear of the same Gouldsborough er p opinion and the difference  be where the child be bear dead and where it be bear live for if it be dead  bear it be no murder for non constat whether the child be live at the time of  the battery or not or if the battery be the cause of the death but when it be  bear live and the wound appear in his body and then he die the batteror shall  be arraign of murder for now it may be prove whether these wound be the cause  of the death or hot and for that if it be find he shall be condemned
a choose in action though not assignable at law yet be so in equity where  equity case equity case abridge er p the husband may assign it alone as he may  any other part of the wife be personal estate so may a contingent interest  which the husband have in right of his wife or a possibility of a term as  appear from the case of Theobald and Diffay decree first by Lord Macclesfield  afterward affirm by Lord Chan king and last of all by the house of lord which  though not good strict by way of assignment yet will operate as a agreement  where for a valuable consideration chandos duke of v Talbot will Rep a choose  in action be not assignable by law but a term for year which be only a chattel  real may be assign by law by the husband without the wife and also the trust  of such a term vide Parker and Wyndham title baron and feme p c
a church lease be agree by marriage article to be settle upon the husband and  wife and the issue of the marriage TheHusband afterward sell it to c who have  no notice of the article c die and his executor sell the lease to d who have  notice of the article and c s executor give d collateral security for the  better assure his Title the plaintiff claim under the article and pray that d  by reason of the notice he have of the article may be consider as a trustee  for he d plead his purchase and confess the notice but insist principal upon  c s purchase equity case abridge er p without notice who Title be now in he  Lord Talbot decree for d and say it will be the same though d have be only a  volunteer as c s executor be and that d take collateral security can not make  his case the worse but if c have have notice all will be overturn hill Lowther  and Carleton case in Eq tempt Lord Talbot a purchaser with notice alien to one  who have no notice and there though the court will not affect the purchaser  without notice yet it be a fraud the vendor who be the purchaser with notice  be decree to make satisfaction to the plaintiff his vendee who have sue for  relief cite per Lord Talbot ibidem as a case which he say he remember
a citizen and freeman of London possess of a lease worth pound buy the  reversion and inheritance thereof in the name of trustee for pound and die and  whether this lease be asset at law shall be part of his personal estate  subject to the custom of London there be no declaration that it shall attend  the inheritance be the question and it be decree that though this lease will  be asset at law to pay debt yet it shall attend the inheritance though there  be no declaration of trust that it shall do so and not be liable to the custom  per Nottingham ld Chan and this decree be confirm on a rehear by north ld king  hill dowse and derival vern the custom of London shall not prevent the  attendance of a term on the inheritance per Nottingham ld Chan in tiffin v  tiffin vern
a citizen of London be possess of a personal estate to the value of pound and  have make a competent jointure to his wife on his marriage it be agree that he  may dispose of two three of his personal estate by his will videlicet one  three part which will have belong to his wife have he not make a settlement on  his marriage in lieu thereof by which mean her customary part come to be at  his disposal and one other three part which be the legatory part which every  citizen may dispose of by his will and have two son and two daughter he make  his will and by it devise two three of his whole estate to his daughter and  one three to his son hereupon the Chamber of London will have distribute his  estate in this manner first to make a equal division of the customary part  videlicet of pound among all the four child which be pound apiece and then  allot two three of the residue to the daughter and one three to the son so  that by this division each daughter shall have only pound and each brother  shall have pound but ld Chan declare that the intent of the testator do to he  plain appear to be that his daughter shall have two entire three of his whole  estate which be pound apiece and it be decree accord Pasc love and vern
a citizen of London be possess of a term for year assign the same in trust for  himself for life pay pound per Ann to his son by his first wife remainder to  his say son during the residue of the term and it be make a doubt whether this  assignment be good within the custom of the city of London so as to bind the  other child and it be refer to the recorder to certify Pasc clerk and  leatherland vern a freeman of London have three bastard by t I confess a  judgement equity case abridge er p
a citizen of London devise pound for mourning and the question be whether it  shall come out of the whole estate or only out of the legatory part for it be  insist that if there have be no direction by the will or if the will have only  direct that the expense of the funeral shall not exceed such a sum then the  deduction must have be out of the whole estate but per cur mourning devise by  the will must come out of the legatory part and not lessen the orphanage or  customary share mich Deakins and Buckley vern if freeman of London die  intestate leave a wife and child one three of his personal estate and the  widow Chamber must go to the wife and one other three to the child and the  dead man three must go accord to the statute of equity case abridge  distribution videlicet two three to the child and the other three to the wife  equity case abridge er p
a citizen of London enter into a bind to a trustee to leave his wife at his  death pound he die and leaves her nothing she bring her bill for the pound and  to have a moiety of the residue of her husband be personal estate decree that  she can have both but she may have her election the pound be to be leave her  at all event although at his death she be entitle unto a moiety of his  personal estate yet the husband may have convert that moiety into a real  estate east Ann east and clog ms Rep
a citizen of London have be a great chemist and spend great part of his estate  in that study have give to the defendant who have marry one of his daughter a  little before his death several receipt for make of strongwater which the  plaintiff who have marry the other daughter and who have only pound portion  give he allege be worth pound per Ann certain profit and to induce the court  to think they be of value he offer the defendant pound for his interest in  they and pray that upon his bring his pound into hotchpot the defendant may be  oblige to account for they but ld Chan say that he will not so far countenance  these receipt which be only a piece of quackery and serve only to cheat the  people as to put a value on they in chancery and the plaintiff refuse to bring  his pound into hotchpot the bill be dismiss mich vide Jenks and Holford vern  equity case abridge b what disposition make by a freeman OF his estate shall  be good or not be in fraud OF the custom
a claim of privilege can be put in by write but it must be by way of plea but  it need not be on oath Chan can the privilege of and inferior court can be  object to at hear but must be plead Trelawney v William vern
a clothier and b a dyer have mutual deal in their way of Trade which be carry  on for several year without payment of money on either side but the debt on  one side be pay so in the original off against the debt on the other b be  otherwise indebt to a and on state account in pound for which he make a  mortgage and afterward owe a pound for which he give bind and judgement b die  intestate and indebt to other by specialty who as principal creditor take out  Administration and find several sum due from a sue he at law on a bill by a  Macclesfield c decree a account and that a shall be allow on discount what be  due to he from b and his cost c Downham all versus matthews all hill prece in  Chan c his lordship say that though general stoppage be no payment as in the  case under mention for a man can stop his rend for money owe to he or a bind  towards satisfaction of a simple contract debt per Lord Macclesfield ibidem  yet in case of this nature where it appear that the mutual deal between the  intestate and plaintiff be carry on for several year in this manner without  payment of money on either side it be a strong presumption of a agreement to  that purpose and that otherwise they will not so long have continue their deal  that it be the constant use between merchant and trader that the statute of  bankrupt direct account to be take in such manner that if there be but the  least handle for direct a account so as to set off the other debt it ought to  be do as if even in case of a bind the interest have not be pay but cast up  and allow in good this will entitle they to retain the whole against each as  the account shall come out ibidem
a college seize in fee be restrain by the statute relate to its constitution  from make any lease except for year and at the back rend the college make a  lease accord to a who have much improve the premise by building c a entry be  make thereof in the audit book and a recommendation sign by the MasterWarden  and most of the fellow to grant a a new lease at the expiration of the end of  the old lease at the same rend and under the same covenant and when the term  be near expire a order be make at another audit for such new lease the bill be  bring by b a s administratrix to compel the college to make a new lease and  the MasterWarden be b s principal witness and per Parker c the MasterWarden  who appear as a witness c have betray his trust in relation to the college and  have act inconsistent with the oath he have take as warden his lordship also  disapprove of the recommendation c it be to wrong the college and break the  statute and that the sign of a contract for lease by private person I e the  master and fellow be not bind to the college it not be under the college seal  and a contract to bind any corporation as to its revenue must be under its  common seal per Lord Chan ibidem that there will have be some equity if the  intestate have after this order for a new lease lie out money in improvement  in confidence and reliance on such order but even in that case he shall have  have his reparation only from the private person sign such order and not from  the college and as to repair do by the lessee since the say order they be no  more than what by his old lease he be oblige to do for which reason the bill  be dismiss with cost mich tailor and dullidge hospital will Rep
a Commission be grant to examine witness at Algiers and plaintiff die by which  the suit abate but the witness be examine before notice of the plaintiff death  the examination a hold regular though a b one of the witness be live per Lord  Chan king Trin Thompson case will Rep a vide cro car crew and Vernon see also  vern Burch and Maypowder b it be insist that the deposition of a who be live  and may be examine over again may be suppress but this be deny per Lord  chancellor ibidem
a Commission be take out and not sit on till three month after this plain show  it be do to protect the estate the Commission shall be supersede for example  sake that such thing shall not be practice per Lord Chan king Trin Geo comb  case Sel case in Chan
a Commission of bankruptcy issue against h at eleven of the clock in the  morning at three in the afternoon the commissioner declare he a bankrupt and  execute a assignment at six and then have notice that the bankrupt die at  equity case abridge er p ten of the clock that day this be a deal within the  Act of James cap sect and the proceed shall stand per Lord Chan hill  Warrington and Norton can in Eq tempt Talbot his lordship say he know no  particular Act as distinct from another which can be call a deal it have be  say that the declare he a bankrupt be the Act mean but that declaration of the  commissioner be only discretionary and for caution and not at all bind to any  body it be not probable that the Act shall intend that only a deal which it  have not any where give the commissioner power to do whatever be do in  pursuance of the Commission be a deal in it if never so minute and the rather  for these be remedial law be to be beneficial construe in favour of the  creditor and say he can not therefore put a narrow constrain construction upon  the word deal in in order to overthrow this Commission and all the just right  of the creditor claim under it ibidem Vid r Eq can Abr p equity case abridge c  concern the commissioner commissioner of bankrupt issue their warrant to seize  good of a bankrupt on board twelve ship in Topsham bay the good be consign to  person in holland who have not pay the bankrupt for they the master refuse to  deliver the good notwithstanding the warrant and this occasion the  commissioner themselves to demand the good in person which be still refuse the  court on motion for a order upon the master for their contempt order they to  deliver the good upon payment of the fraught money and they to be indemnified  by the creditor against the bill of lade which be send to the consignees mich  Ann anon ms Rep
a Commission of rebellion by the course of the court issue only to the sheriff  of Middlesex will Rep in a note by the editor after the defendant have be  examine on interrogatory pursuant to a order of court and publication pass the  plaintiff ought not to have a Commission to examine witness in order to  falsify the defendant examination this tend to multiply cause and make they  endless so order by king c hill smith and turner will Rep Vid Eq can Abr p c
a common soldier case b r a common soldier can be a vagrant within the meaning  of the stat g he be bring up by a habeas corpus whereupon it be return that he  be commit by a justice of the peace as a vagrant be charge by the overseer of  the parish of saint Ann soho as a rogue and a vagrant and run away from his  wife and one child whereby they be become Chargeable to the parish there be  also a affidavit wherein it be swear on behalf of the parish that he be a  watchmove mean maker and can earn S per week and that he refuse to maintain  his wife and child it be move by Mr attorneygeneral that he may be discharge  upon a affidavit that he be a soldier that be do not run away from soho but be  billet at white chapel when he be take up nobody can say that the common  soldier of the army maintain and keep for the support of our liberty and  property be rogue and vagabond or idle and disorderly person within the stat  geo per curian he can be a vagrant within this Act of parliament so must be  discharge
a construction in favour of executory devise to support the intent of the  testator will be make either in the court of law or equity if it may be do  consistent with the rule of law mich Hopkins and Hopkins case in Eq tempt  Talbot a devise his freehold copyhold and leasehold and all his real and  personal estate not before devise to three trustee their heir c in trust to  pay b his son a annuity and if he shall have any child or child the residue  ofhis rend during b s life for the education and benefit of such child or  child and after b s decease a moiety of the trust estate to such child or  child as he shall leave their heir c the other moiety to the child or child of  his grandson c and every other equity case abridge child and child of his  daughter d their heir c and if b die without issue the first moiety to c and  other child or child of d and their heir c and direct a annual payment to such  wife as b shall marry a die b marry and have issue a son and a daughter and  die afterward c marry and have issue a daughter and die the limitation to the  daughter of c be well support by the estate in the trustee or if not be good  as a executory devise and the profit shall go to the child of b mich chapman  and blisset case in Eq temp Talbot
a contingent interest or possibility and which may be release by the bankrupt  be assignable by the commissioner sir Joseph Jekyll master of the roll mich  Higden all and Williamson will Rep vide this case abridge title bankrupt p c  vide the case of jacobson and William Vol Eq Cas Abr p can cite it as a ms  case SC will Rep more full report
a contract with b to compile a abridgment of the history of the plea of the  crown the question be whether the book so compile be a abridgment of the plea  of the crown or whether it be the same book shorten and make less and Lord  chancellor Hardwicke say he do not see what other method he can take to  determine the present question than by direct a enquiry before the master to  see whether the book be a fair abridgment or only a colourable one and in  order that the master may better determine it his lordship say he ought to  direct that the master shall be attend by two person skill in the profession  of the law to assist he and that direction of this sort have be make in  mathematical and algebraical inquiry but his lordship say he shall choose that  two person shall be agree upon by consent of both party to attend the master  rather than that the court shall appoint they which be afterward do his  lordship say that the best way be to leave all matter in difference to the  arbitration of those two counsel and if they shall not be able to make a award  that then they shall have liberty to choose a umpire accord the same be agree  to hill gyles and Wilcox Barnard Rep in Chan to atk Rep SC S p
a convey a term for year to I S upon trust to raise pound for such child or  child of a as shall be live at his death a die leave no child his wife ensient  with a daughter which be afterward bear and Lord keep summer declare that this  posthumous daughter be a child live at the death of a within the meaning of  the trust and that a direction of a trust be not to be strict construe as a  limitation of a estate at law and one lutterel case be cite in Lord Bridgemans  time where a bill be exhibit on the behalf of a infant in ventre sa mere to  stay waste and a injunction grant upon it vide vern mich hale andHale Prec in  Chan
a convey all his land in trust for payment of his debt and legacy and by his  will devise all his personal estate to his wife yet the personal estate shall  come in aid of the real February French and Chichester vin Abr title charge e  can SC bro p c
a conveyance to different Q use be a effectual revocation June Fitzgerald and  Lord fauconbridge FitzGibb Rep a without any recital of the power in the deed  of revocation ms Rep cap LXXXII PRECEDENS a PRECEDENSARE regard in the law b b  east car in Chan Vaughan c I in the case of pry and porter say he wonder to  hear of cite of precedent in matter of equity for if there be equity in a case  that equity be a universal truth and there can be no precedent in it so that  in any precedent that can be produce if it be the same with this case the  reason and equity be the same in itself and if the precedent be not the same  with this case it be not to be cite be not to that purpose but Bridgeman Lord  keeper say certain precedent be very necessary and useful to we for in they we  find the reason of the equity to guide we and beside the authority of those  who make they be much to be regard we shall suppose they do it upon great  consideration and weigh of the matter and it will be very strange and very ill  if we shall disturb and set aside what have be the course for a long series of  time and age Lord chief baron hale say he know there be no intrinsical  difference in case by precedent but there be a great difference in a case  wherein a man be to make and where a man see and be to follow a precedent in  the one case a man be more strict bind up but in the other he may take a great  liberty and latitude for if a man be in doubt in equilibrio concern a case  whether it be equitable or no in prudence he will determine accord as the  precedent have be especial if they have be make by man of good authority for  learning c and have be continue or pursue Mod a counsellor ought not to be  hear to speak against common precedent shaw cite Henry
a copyhold be grant to a and b husband and wife and I S for their several life  successive by the Copy it appear that the fine pay be the money of a and b per  Lord Macclesfield I S be in equity to be intend but as a trustee for a and b  and the survivor of they hill Benger and draw will Rep it be mention in the  Copy that the fine be pay by a and b be strong evidence of the fact be so  which though the court will not look upon as conclusive yet any evidence give  to contradict it ought in order to prevail to be very clear and full per his  lordship ibidem
a copyholder cut down more timber than he can justify and a bill be bring  against he for a discovery he demurrer because it will subject he to a  forfeiture as be waste and the demurrer be allow Geo attorneygeneral and  Vincent ms Rep Comynss Rep SC cite arg
a copyholder for life have commit a forfeiture by cut of timber tree which be  find such by a trial and verdict at law and the Lord enter and admit the  defendant who be the remainderman the copyholder exhibit his bill to be  relieve against the forfeiture offer if it shall appear to be waste to make  satisfaction and a issue be direct to try whether it be primary intention in  cut the ember to do waste and it be find for the plaintiff it be decree he  shall be relieve and that the defendant the remainderman shall deliver  possession and account for the mesne profit hill car Thomas and porter Chan  can
a copyholder for life where there be a customary right in the widow to enjoy  for life the whole estate of which her husband shall die seize article for the  sale of his copyhold for valuable consideration but die before it be actual  surrender the question be whether the widow right to her FreeBench be bind by  the article by Lord Hardwicke where there be a agreement for the sale of a  copyhold estate the court will decree performance even against the assignee of  the seller who be become a bankrupt so against a heir at law it appear to I to  be a strong equity that the widow shall be bind as well as the heir the case  of Musgrave v Dashwood be ill report and not a authority sufficient for I to  ground my judgement on it No state of it appear in the register book my  opinion be that the purchaser be entitle to have belief against the widow  Hinton v Hinton Ambl note the reporter say Lord hardwicke reason be look on by  the bar to be imperfect and against their sentiment
a copyholder for life where there be a widow estate by custom agree to sell  his estate and enter into bind that the purchaser shall enjoy this do not bind  the widow who shall have her customary estate Musgrave v Dashwood vern
a copyholder in fee have issue two daughter devise a copyhold estate to his  young daughter whereby her fortune be make more considerable than the elder  sister be there be no surrender to the use of the will but such defect be  supply it be intend a provision for a child though it make her superior to her  elder sister in fortune mich baker and Jennings Freem Rep
a copyholder in fee surrender to the use of his will and by will devise his  copyhold land to his wife and if she have issue by the devisor that the issue  shall have it at his age of twentyone year and if the issue die before that  age or before his wife or if she have no issue then she shall choose two  atorneys and she to make a bill of sale of my land to her best advantage and  per curian she have only a estate for life and have no issue have no interest  to dispose but a authority only to nominate two who shall sell and the vendee  shall be in by the will Beal and shepherd cro car
a copyholder prefer his bill to be relieve against a forfeiture for cut timber  and per Lord Bridgman if the waste be voluntary the court will not relieve and  a issue at law be direct to try whether he cut the tree with a intent to do  waste and the Lord keep be press to alter this issue will not car b bishop of  Worcester and one of his copyholder Freem Rep b so in the original but I think  it shall be car and have place it accord
a court of equity be not bind to decree a specific execution of article where  they appear to be unreasonable or find on a fraud a or where it will be unjust  or unconscionable to assist they but will leave the party to his legal remedy  for recovery of what damage he can for nonperformance of such contract per  Lord Chan who in the principal case dismiss the bill bring for a specific  performance of article they appear to he to be unreasonable and shameful  although there be no direct fraud prove mich young and clerk Prec in Chan  though it be a common equity to decree specific performance of agreement yet  where they be extreme unreasonable and iniquitous the court will not decree  they as in a case since the year where a bill be bring in the exchequer for a  specific performance of article for a purchase make in that year whereby it be  agree that forty year purchase shall be pay for the land there be a decree in  the exchequer for a specific performance but it be reverse in the house of  peer and though the doubtfulness of equity may be here object since no rule be  settle how many year purchase be a reasonable price for land yet it may be  answer that no certain rule can be draw from the price of land whether the  article for a purchase shall be perform or not because the iniquity of the  bargain do not depend always upon the price for what may be a reasonable price  in one case may pot be so in another but it be a certain rule that where the  bargain be plain iniquitous and it be against conscience to insist upon it as  in the case of forty year purchase equity can support it for that will be to  decree iniquity Fran Max in Eq p in a note a for level ground good be law law  and the office of equity be to suppress fraud
a court of equity do not interpose in case of marriage brokage bind from any  particular damage do to the party only but also from a public consideration  marriage great concern the public and the point as to relieve against such  bind have be settle upon very great consideration and there be now many  precedent of it per Talbot c mich in grammatical case law and law case in Eq  tempt Talbot these bind though good at law yet be just condemned in equity as  introductive of infinite mischief and their have be much litigate and contest  fortify the opinion that prevail at last for it show what be the sense of the  supreme court of judicature after the inconvenience of such bind have be full  weigh and experience per ditto in SC will Rep equity case abridge e concern  COOBLIGORS and surety
a court of equity may by the approbation of a infant relation allot the infant  maintenance out of a trust estate though there be no provision in the trust  for that purpose and this be find on natural equity Trin Englefield and  Englefield vern b infant how far bind in equity or less favour than at law  infant have be oblige to answer in equity when the parole shall have demurrer  at law tooth a sequestration may issue against a infant Anonymous Chan can  infant may be foreclose of the equity of redemption vide vent vide booth v  rich vern not without a day to show Cause after come of age
a court of equity will not only grant a injunction to stay tenant for life  without impeachment of waste from deface the mansion house but will likewise  oblige he to put it in the same plight hill Lord Bernard case Prec in Chan
a covenant before marriage to settle certain land on his wife for life and  afterward devise these land for payment of debt the covenant be a specific  Lien on the land and the covenantor as to they but a trustee and therefore  during the life of the wife they be not to be affect by any bind debt Parker c  east Freemoult and Dedire the will Rep but a covenant to settle land of the  value of pound per Ann without mention any land in certain this no specific  Lien but the wife must come in as a creditor in general and the master to  value her estate for life and the wife to come in for that valuation but the  wife to have the arrear before incur as well as the valuation of her estate  for life ibidem
a covenant for himself and his heir that he will purchase land and settle the  same on himself for life remainder to his wife for life remainder to his first  c son remainder to himself in fee equity will compel the executor to lie out  the money though the heir be both debtor and creditor mich Lechmere and Lord  Carlisle will Rep
a covenant to leave his wife pound the husband die intestate and the wife be  share by the statute of distribution come to above pound this be a  satisfaction first decree by sir John Trevor master of the roll Feb and in  Trin affirm by Cowper c in grammatical case Blandy and Widmore will Rep vern  can SC and p
a creditor can bring a bill in equity for a account against one coexecutor  without the other nor as residuary legatee hill Geo scurry ux versus Morse Mod
a creditor of I S decease prefer his bill against b for a discovery of the  estate of I S suppose to be in his hand b demurrer because there be no  executor or administrator of I S plaintiff or defendant and hold to be a good  demurrer because if no person will administer t e la n as creditor may and it  be necessary that the executor or administrator shall be a party because they  may perhaps show how the plaintiff demand be satisfy mich Conway and stroude  ms Rep Freem Rep SC in as many word
a creditor petition against the allowance of a bankrupt certificate upon which  the bankrupt give he a bind for payment of his whole debt in consideration of  withdraw his petition equity will not relieve against this bind decree per  Parker c east Lewis and chase l will Rep vide Q Eq can lbr p can and the note  there
a creditor who obtain judgement after the debtor have make a conveyance of his  estate for payment of his debt shall be pay only in average per Lord keep hill  Stephenson and Hayward Prec in Chan vide title creditor and debtor Eq can Abr  p cap LXXVIII policy OF insurance
a custom be for the vicar to have tithe of all pea and bean set drill or sow  in Rows in garden or like manner afterward a new improvement be find to use a  plough instead of a spade yet such pea and bean shall pay tithe Jan Austin and  Nicholas vin Abr title dime or tithe g a can p SC bro p c
a decree and much more a interlocutory order gain by fraud may be set aside on  a petition a strong may such decree be set aside by bill per Lord Chan king  east in the case of Sheldon and fortescue aland all will Rep d concern the  performance and execution OF a decree as decree be not pleadable at law this  court indemnifies all such as pay money in obedience to their decree ms note  decree be execute by process both against person good and land as judgement at  commonlaw but the execution more effectual because all may issue together ms  note real and personal estate be bothbound by a decree ibidem
a decree be for the plaintiff nisi who do not appear the master of the roll  look upon it as give up of the judgement and dismiss the bill with cost Feb  Snape and Furdon Sel case in Chan a bill be dismiss with cost and the person  who be entitle to they die before they be tax there be no relief to he have in  this case Trin Geo anon Sel case in Chan but see Tr atk Rep pl
a decree be have against the defendant intestate by the plaintiff for pound  and the intestate before the decree be indebt to the defendant by bind the  intestate dry the defendant get Administration and the question be whether the  defendant can retain to satisfy his own bind against this decree there be not  asset to satisfy both and hold by Atkins Turton and Lechmere baron that he may  not and thereupon it be decree that the defendant shall pay the plaintiff in  case he have asset in the first place Powell to waver in opinion for that in  case the party be sue at law upon a bind he can not plead norgive this decree  in evidence to bar the plaintiff and so it will be one way at law and another  way here but for that he be answer that the party may be relieve by his bill  in equity equity case abridge er p and have a injunction east Stasby and  Powell in scacc Freem Rep
a decree be make in the exchequer against tenant for life to hinder he from  commit waste which decree and a perpetual injunction to stay waste be find on  a deed of settlement and upon a bill now bring in canc to set that deed aside  the defendant plead the decree in the exchequer but his plea be overrule mich  Geo wing and wing all Mod if the decree have be set aside the deed of  settlement will have fall of course and there be such a appearance of hardship  and oppression in this Cause that the court hold it reasonable to overrule the  flea but tell the defendant counsel that at the hear they may take what  advantage they can thereof and then the court will consider how far this  decree in the exchequer shall conclude this court in this Cause ibidem
a decree be make tempt car I for payment of pound per annum out of particular  land former part of the forest of Bladen to the vicar in c in wilts in lieu of  tithe a bill be bring against the land owner to establish a right to this per  annum it be object that the land owner be tenant to the crown of land lie  within the bind of the forest which former pay no tithe and that the  attorneygeneral shall for that reason have be make a party answer that it do  not appear by the bill that they be lessee under the crown and defendant have  not insist upon it in their answer and so that be out of the case and the  court take no notice of the objection east Geo Cuthbert and Westwood et all in  chess pale yellow Rep in Eq it be also object that the occupier as well as the  land owner ought to be make party to the bill for that a decree against the  land owner will not affect the occupier to which it be answer that it will be  endless to make all the occupier party and if that be necessary to be do the  plaintiff can never come at his right for there be great number of they and  any single one die will put the plaintiff to his bill of revivor and cite the  case of Biscoe and the undertaker of the land mark before Lord keep wright who  say h will not oblige they to bring they all before the court since the right  may be determine by have a few which the court think reasonable and per cur  though we can in the present case decree only against the land owner who be  before the court yet that will affect the land the pound per annum ought to be  apportion among the owner and the original decree may be carry against the  occupier and decree a Commission shall go to inquire into and ascertain the  value of the land the owner and occupier name and what proportion of the per  annum each tenant ought to pay ibidem
a decree be obtain for a large sum of money and a bill of review be bring and  new matter assign for error and the rule of court be plead videlicet that the  defendant ought first to pay the money into court before the bill bring but  per cur let he give good security and we will dispense with the rule car levil  and Darrey Chan can on a motion to stay proceed on a decree until the  plaintiff be hear on a bill of review it be insist upon that a bill of review  be in itself a supersedeas and like a Writ of error at law but per ld king the  decree shall be perform equity case abridge er p
a decree by consent for a lease or other personal estate shall bind purchaser  otherwise you will blow up the court of chancery say per Lord keep Trin  Windham and Windham Freem Rep
a decree can be plead in bar unless it bind both party east per his honour in  the case of Atkinson and turner Barnard Eq Rep atk Rep pl SC but not S p  equity case abridge c OF open and reverse a decree for error repugnancy or  fraud a where matter have be examine in equity and determine the court will be  cautious of unravel former decree agreement or release Trin Cann and Cann will  Rep
a decree for a debt do not bind the real estate act only in mask not in  remember and the remedy upon a decree to affect the land be only for a  contempt whereupon the party proceed to a sequestration which be but a  personal process as appear by its fall and abate by the death of the party but  a extent upon a judgement do not so abate per his honour ibidem per his honour  Trin in the case of Bligh and Lord Darnley will Rep equity case abridge cap  LXL limitation statute OF a what demand c be in equity deem within and what  out OF the statute OF limitation and where a demand though once bar may be  revive or set up again
a decree may be alter upon proper application the same term it be pronounce  without a rehear may Vaughan and black vin Abr pl
a decree nisi by default be afterward make absolute by default the court  refuse to rehear the Cause because the cost upon the first decree nisi be not  pay for the party can show Cause against a decree nisi by default unless he  pay the cost of the hear nisi per Macclesfield c mich Geo Hoyle and Hoyle vin  Abr pl
a decree of foreclosure be not to be open after several year where there have  be building upon the estate and settlement nor shall the mortgagee call it a  equity case abridge er p debt in his will alter the nature of it Jan take and  bishop of Ely vin Abr note to pi SC bro p c
a decretal order be pronounce in and three year after a final decree be draw  up recite the decretal order but part of the matter thereby decree be omit in  the decretal part of the decree itself the final decree be sign and enrol and  soon after the defendant die a Sci fa be sue to revive but plaintiff discover  the omission and that he can not have remedy that way or can mend the decree  as defective by surprise the defendant be dead upon motion he exhibit his bill  of revivor to revive so much as be omit and in truth the word of the bill  extend so far as to revive the whole decree it be plead that the decree be  enrol a bill of revivor do not lie but a Sci fa plea overrule mich car William  and Arthur ms Rep Freem SC say it be on a plea and demurrer Chan can SC say it  be on plea and demurrer
a deed be execute and alter by consent of party and then reexecuted and per  cur this deed can be give in evidence as a new deed unless it be stamp afresh  because the alteration vacates the whole deed Geo and lee in canc ms Rep
a deed of land in two different county by way of feoff and livery and seize of  the land in one county endorse only decree that though no livery appear of the  other land yet by reason of the possession and great length of time be upward  of year before equity will suppose and supply it it have be much strong on the  other side have the livery be endorse of land in one county in the name of  both it will have be a implication that none be of the other since one be  design for both mich Jackson and Jackson Sel can in Chan pale yellow mich Geo  S c f OF suppress cancel and burn deed and write
a deed of land in two different county by way of feoff and livery and seize of  the land in one county endorse the deed be make in decree that though no  livery appear of the other land yet by reason of the possession and great  length of the time equity will suppose and supply it it have be much equity  case abridge er p strong have the livery be endorse of land in one county in  the name of both it will have be a implication that none be of the other since  one be design for both Nov Jackson and Jackson select case in Chan Fitzherbert  Gibb Rep mich Geo SC and say that it be insist that as to the possession and  length of time the intendment endeavour to be make out from thence can have no  weight because the same person that enjoy the land under the deed be also at  law and as such must have enjoy they otherwise though there have be no such  deed yet Lord chancellor declare that be he to try this matter at law he shall  presume and so direct that livery be execute as to all the land accord to the  deed after this length of time but however that this court will aid a defect  of this kind cap XLIII fine a infant covenant to levy a fine by such a time to  such use before the time he come of age then the fine be levy and by another  deed make at full age he declare it to be to other use the court hold the last  deed shall be that which shall lead the use east Geo l frost and Wolveston in  c b l Str a what estate or interest c may be bar or extinguish by a fine b of  set aside a fine in equity of fine and nonclaim and here of a void fine c  where the party shall have election in what part of the estate a fine and  recovery shall operate a what estate or interest c may be bar or extinguish by  a fine
a deed to lead the use of a fine be enrol for safe custody only and a Copy  from the enrolment be offer in evidence it be object that it be no evidence be  enrol for safe custody only nor be the enrolment itself without particular  circumstance to support it as prove the original deed be in the defendant  custody or power or accidental lose c and of that opinion be the master of the  roll who say that in case of a enrolment for safe custody the deed may be say  to be record but where a bargain and sale be enrol pursuant to the statute the  enrolment be a record so that a Copy of it may be read in evidence mich comb  and Spencer vern the reporter add a note that afterward upon a rehear a issue  at law be direct whether such deed of use be execute and upon the trial a Copy  of the deed be allow to be read and a verdict for the deed vern S c
a defendant can demurrer and plead or demurrer and answer to the same part of  a bill for the plea c overrule the demurrer king c and Raymond c I mich Jones  and Com Strafford all will Rep
a defendant in his plea of a purchase for a valuable consideration omit to  deny notice if the plaintiff reply to it all the defendant have to do be to  prove his purchase which if he do the bill will be dismiss with cost c and in  such case it be not material if the plaintiff prove notice for it be the  plaintiff own fault that he do not set down the plea to be argue in which case  it will have be overrule hill Harris and Ingledew before sir Joseph Jekyll  master of the roll will Rep c for otherwise the defendant may be trick by the  plaintiff who have find that the defendant have make a slip in his plea may  decline argue it and reply to it ibidem equity case abridge er p
a defendant insist upon the benefit of the statute by way of answer shall at  the hear have the like benefit thereof as if he have plead it say arg and  agree to by the master of the roll Trin in the case of Norton and Turvill will  Rep a trust estate be not within the statute of limitation per his honour Trin  in grammatical case Norton and Turvill ibidem
a defendant may demurrer at the bar over as far as but then on its be allow he  can have his cost Talbot c Trin tourton and flower all will Rep what be say in  the case of Durdant and Redman Vol Eq Cas Abr p can that cost ought to be pay  for a new demurrer insist on at the bar over as far as be not now the practice  will Rep in a note
a demise grant and to farm let we e together with all manner of timber tree  great oak except yet the lessee may not fall timber a lease for year be make  of a farm with diverse close thereto belong by the word den seth grant and to  farm let we c together with all and all replanner of tiRrnberwood underwood  and hedgerow hereunto appertain except and always reserve all manner oyc great  oak grow and be in one of the close by name and about the farmhouse to have  and to hold the say farm and close with their appurtenance to the say lessee  his executor and assign for the term of twentyone year render a annual rend  Qucee whether the lessee may cut down and sell the timber tree not except  without ipeachment of waste or note and it seem to dyer that the defendant nay  well cut down and sell the timber tree not except by reason of this word dyer  grant of timberwoods and also by the meaning of the exception of great oak c  and also the habencienda which be the limitation of the term of year say  nothing of the timber wood c wherefore e but periam Wyndham and mead e contra  and accord to their opinion judgement be give against the defendant
a demurrer be allow but without cost because it come in by Commission and  without any answer elm v shaw vern
a demurrer to a bill bring to discover the tenant to a praecipe on a voluntary  conveyance allow mich Sherburn and clerk vern vern S p per ld king who say  that there be way of know it without
a devise a estate to turner and his heir upon trust that he shall convey it to  such of the relation of the testator as he shall think best and most reputable  for his family a die without issue and the heir at law who be the testator  brother prefer a bill against the defendant to have he convey the estate to he  it be in proof on the defendant part that the equity case abridge testator  before the make of his will do several time declare that the plaintiff be a  ill husband will spend his estate if he shall leave it to he and several other  expression show the dislike of the testator to the plaintiff but per cur there  be nothing in proof against the plaintiff of any misbehaviour since the  testator decease this court will judge it most reputable for the family that  the heir at law shall have it and as for the discourse which be before the  make of the will those be all at a end by the make of the will and that  notwithstanding all those discourse it can be deny but if the trustee will  give it he he be not disable to take it Trin clarke and turner ms Rep Freem  Rep S c in as many word
a devise a legacy to b to be pay at or marriage which shall first happen so as  such marriage be with consent of c and if not then he devise the same to his  other daughter b marry without consent and die before leave issue and her  representative bring a bill for this legacy Lord Chan say that this be not to  be consider under the notion of a forfeiture that it be mere a legacy give and  two day of payment appoint with a devise over and b die before the time the  legacy grow due and so decree that b die before marriage with consent or a  account shall be take of her part and that that and the improvement of it be  pay to the survive sister Trin Geo piggot and morris Sel case in Chan
a devise a salary for maintenance of independent lecture in three market town  and devise the estate thus charge to his nephew who afterward devise it for  the payment of his debt a bill be bring to have the land sell for payment of  the debt and afterward upon a information for the charity the grow equity case  abridge payment and arrear be decree and the independent lecture change into  catechistical lecture in the same three markettown and this though there be  not sufficient to pay the debt comb case say to be decree Att gentleman v  Guise vern
a devise a term for year to his daughter and her child she have then three  child and also to such other child as she shall have and the child of those  child she have other child afterward hold that the woman and her three child  take joint each a four part and that the after bear child take nothing and  that these word be word of limitation and not of purchase equity case abridge  er p and it be as much for the wife be part as though it have be give to her  and the heir of her body mich Alcock and Ellen Freem Rep
a devise a term for year to his daughter and her child she then have three  child and also to such other child as she shall have and the child of those  child she have other child afterward the question be whether they shall have  any share and it be hold that the woman and her three child take joint each a  four part and that the afterborn child take nothing and that these word be  word of limitation and not of purchase and it be as much for the wife be part  as though it have be give to her and the heir of her body mich anon ms Rep  Freem mich Alcock and Ellen SC in as many word
a devise all his freehold copyhold and leasehold and all his real and personal  estate not before devise to three trustee their heir executor and assign in  trust to pay his son b pound quarterly and if he shall have any child or child  he give the residue of the rend c of the say trust estate during b s life for  the education and benefit of such child or child and after b s decease he give  a moiety of the trust estate to such child and child as b shall leave their  respective heir executor and assign and give the other moiety to the child and  child of c his grandson and every other child and child of S his daughter  their heir c and if b die sans issue he give the first moiety to c and other  child and child of S and their heir c and direct a annual payment to such wife  as b shall marry a die b marry and have issue a son and a daughter and die  afterward c marry and have issue d a daughter and die the limitation to the  daughter of c be well support by the estate in the trustee or if not be good  as a executory devise and the profit c shall go to the child of b mich chapman  and Blissett case in Eq tempt Lord Talbot b remainder bar by a recovery a
a devise all his land to b and the heir of his body remainder over and in  another part of his will recite that he owe b money upon account he therefore  devise to he all his personal estate and make he executor Willing he to pay  his debt and upon the read of the will though the clause as to the payment of  debt seem to relate to the personal estate only and though the land be devise  to b in tail with a remainder equity case abridge over to another and that it  be object that a tenant in tail can not be a trustee yet the court decree both  real and personal estate to be sell for payment of the testator debt mich  Clowdsly and Pelham vern vern SC cite and the decree say td be affirm in the  house of Lord but where a devise be in the follow manner I will all my debt  shall be pay before any of my legacy or gift herein after mention and devise  several pecuniary legacy and after in the same will devise land to I S on  condition to pay a certain rend to I n and other land to I S on condition to  pay pound per Ann to I d and the question be whether these land be by the will  subject to the payment of the testator debt or only to the payment of the  particular rend thereout devise and the court hold that the land be not  subject to the payment equity case abridge er p
a devise all that his message and tenement in e to f and his heir and all the  rest c of his message land c in e and elsewhere to I l in fee f the devisee  die in the lifetime of the testator so that this become a lapse devise by his  death in ejectment the sole question be whether this latter clause of the will  will carry over the lapse devise to I l the residuary devisee or whether it  shall descend to the testator heir at law hold per cur that the devise of all  the rest and residue of my message land c do not convey what be express devise  before for the testator intent appear to be to give his whole estate to f and  his heir in that message and that at the time of the will make he have no rest  and residue in that house and the devise to f be void the house will go to the  heir at law east Geo c b wright and hall fortesc Rep
a devise all the rest of his personal estate by lease in trust or otherwise to  his three nephew a b and c and make they executor and will that they shall  give bind to each other in case either die without issue of his body to leave  at their death all the say chattel and personal estate to the survivor and  survivor of they and the bill be to have the say bind give but be dismiss be a  attempt to entail a personalty a personal estate can be entail vide the case  of seal and seal Eq can Abr part p Trin William and William dly by uncertainty  in the description OF the thing devise
a devise be make of the use of good plate and householdstuff to one for eleven  year and after to another and hold a good devise and a decree to deliver they  accord after the eleven year jolly and will Chan Rep
a devise be to Margaret the daughter of W king the daughter be name be Margery  hold that Margery shall take because constat de mask by the description cite    Trin Genes and Kemstey in c b I Freem Rep
a devise by a father to a second son after the death of the testator wife and  his heir for ever and for want of such heir then to the right heir of the  testator be a estatetail per tot cur but have the devise over be to a stranger  the second son will have take a feesimple and consequent the devise over have  be void per holt c I Trin b r Nottingham and Jennings will Rep salk Trin W b r  SC and p Lord raym Trin SC per holt c I Turton and gold I the second son have  a estate in feetail Comynss Rep SC adjudge accord one devise to a for life and  if a die without issue then to his the testator right heir this be a  estatetail for where the devisee over be heir there must have be a most  necessary implication that a the first devisee shall have a estatetail because  the testator heir be exclude from take till a the first devisee die without  issue per Powell in the case of bampfield and Popham hill will Rep
a devise by Cesty and trust in tail be good without any further Act to bar the  right in tail so declare by Lord keeper hill Woolnough and Wodnough Prec in  Chan a have issue b and c c devise to b pound and after to the posterity of a  for their education at which time b be sixty year of age and a dead the  question be who shall have the pound after b s death and by Lord keeper the  lineal heir if there be any equity case abridge shall take it under the word  posterity but b die without issue and there be no lineal heir of a the  collateral heir shall take it but those of the half blood shall not as in the  case of distribution hill Ann anon ms Rep a baron give all his estate to his  wife and say I desire and request my say have wife to give all her estate  which she shall at the time of her death to her and my near relation equal  among they Harcourt c the word be so very general both in respect of the money  and of the person to take it it do not amount to a devise but it be only a  recommendation to the wife to make such a disposition but if he have desire  she will have give it to a particular person it will have be a good devise and  a trust a devise to the near relation be good and such shall be so account as  be next by the statute of distribution anon vin Abr pl
a devise his land foe his executor till his son come of age the profit to be  employ in the performance of his will though the son die before he be of age  yet the interest of the executor continue till he may be of age if he have  live for since the intent of the devisor govern in will it may destroy that if  the executor interest cease at the death of the son for it be reasonable to  believe that the testator find on a computation that the profit of the land in  that time will answer his debt c so that this be a good devise of the term  till the son will be twentyone though he die before carter v church Chan can    b Borastons case S p if a man devise land to his wife till his son come of age  to provide his child with necessary though the wife die before the son come of  age yet her interest do not determine by her death because it be not a matter  of mere confidence but shall go to her executor but if the devise have be that  his land shall descend to his son but that his wife shall have the full profit  thereof until the full age of his son for his education equity case abridge  here be nothing devise to the wife but a mere confidence that she shall take  the profit for the education of the son and by the will she be but in nature  of a guardian or bailiff for the benefit of the infant which determine by her  death cro Elizabeth dyer
a devise his land to b and c and the survivor of they till pound shall be  raise out of they and it be adjudge that b and c shall have the land no long  than they may have receive it out of the profit and that if a stranger enter  after the death of the devisor they may have a account of the mean profit but  can hold the land long than the sum may have be levy for if that be allow they  may make it a eternal charge on equity case abridge the heir estate but if the  heir himself enter and disturb they they may hold over for the heir shall have  no benefit of his own wrong or they may have their action against he at their  election   corbet case cro Elizabeth Anonymous salk S p h OF devise by  implication
a devise his land to b for payment of his debt and then to b for life with  power to make lease determinable on three life remainder to the heir male of  the body of b remainder over though this be but the devise of a trust and  executory and express to be to b for life yet it be a estatetail in equity  case abridge b barrable by a fine and recovery by in case of marriage article  to settle a estate on a for life remainder to the heir male of his body this  be a agreement to do a future Act and in which the issue be particular  consider and look upon as purchaser east bale and Coleman will Rep vide can Eq  can Abr p SC state more full
a devise his land to his old son b in fee and add but my will and mind  nevertheless be that b shall pay out of the land so devise to he the sum of  pound videlicet to my daughter m pound at her age of twentyone year and to my  son I pound at his age of twentyone and to my son n pound at his age of  twentyone and if my son b shall die before he shall attain the age of  twentyone year then my will be that my son I shall not have the pound settle  on he but that it shall be pay to my daughter m and son n to be add to their  portion and I to have all the estate give to b pay the pound as before express  and my say child shall be allow pound per annum maintenance for every pound  till their several portion be pay b die before twentyone plaintiff marry m and  have issue by her m die two month before her age of twentyone and the question  be whether this be not a subsist charge upon the land and a interest so vest  in m as to entitle the plaintiff as her administrator to the legacy but Lord  Chan Cowper dismiss the bill as to both demand because there be no word in the  will which vest any interest in those legacy before the age of twentyone year  and as to the other pound that be govern by the other legacy mich carter and  Bletsoe ms Rep pale yellow Rep in Eq SC Prec in Chan SC vern S c equity case  abridge a man devise all his land to his executor for ten year and that after  the ten year pound shall be pay out of they to h and a provide that if neither  of they be live then nothing be to be raise h die before the ten year be  expire his executor or administrator shall have nothing for the legacy be  lapse but a shall have her portion per Lord Chan Cowper mich Ann vin Abr pl
a devise his land to trustee for ninetynine year for payment of his debt and  if they do not act then he devise they to I S and his heir in trust to pay his  debt and afterward to b in tail remainder in tail to c b who be the  beneficiary and trust in tail levy a fine and die without issue and five year  pass with equity case abridge er p nonclaim decree that this fine and nonclaim  bar the remainder man in tail though it be insist that the Title of c be not  yet commence because the debt be not pay and the term for ninetynine year be  subsist and that the entire estate at law be in the trustee they shall have  enter and that it be against equity for he to suffer the beneficiary and trust  to be bar by a fine and nonclaim through his default yet he be decree to be  bar cite per cur east Geo in the case of Webber and earl of montrath as the  case of basket and pierce Mod vern Rep SC report
a devise his library of book now in the custody of b to Allsouls college in  Oxford and in the same will he devise to the same college pound more to  augment their library and afterward buy more book which he place in the say  library decree by his honour that the afterbought book shall pass the court be  of opinion that the word now do not relate to the book which be in the library  at the time of make the will but on construction of the whole sentence denote  where the say library be and may be intend to distinguish it from any other  library of the testator hill Allsouls college and coddrington will Rep I  devise all the corn now in my barn if that corn be afterward spend and new  corn put in such new corn will not pass vide Swinb contra but if I devise all  my flock of sheep now on such a hill or in such a pasture in that case because  sheep be in their nature fluctuate some must die some be kill and some lamb be  produce which will afterward breed and it be the case of a collective body the  sheep produce afterward shall pass and this be within the reason of a devise  of a personal estate which be always fluctuate shall therefore relate to the  time of the testator death beside a will as to personal thing do not speak  till after the testator death per his honour in the case of Allsouls college  and coddrington et econt ibidem vide master and master and wind and Jekyll and  Albone a devise of all the lease which I now have or of all the horse now in  my Stable and afterward I purchase more of each the new lease or horse will  not pass because these be particular chattel and do part of a collective body  as a flock of sheep or library of book indeed a flock of sheep differ somewhat  from a library of book for the former must of necessity fluctuate as above but  there be no necessity that book shall be change per his honour in same case  ibidem
a devise his manor and before his decease a tenancy escheat and after the  testator die the question be whether the escheat tenancy shall pass because  the manor be devise and that be part of it for this tenancy be not devise as a  distinct equity case abridge er p thing but as a part of the equity case  abridge whole which he can devise per holt c I Ann in b r in the case of  Bunker and cook FitzGibb Rep salk it be admit it shall pass pale yellow law of  devise S p in S c a seize of a reversion expectant on a estate for life devise  it to b and afterward tenant for life die and then a die yet it passes per  holt c I mich Ann in grammatical case Broncker and coke holt Rep Rep of case  in b r tempt Q Ann in SC per holt c I so it be of land in reversion expectant  on a estatetail and before the testator death the tenant in tail die without  issue these land will pass though a reversion only at the time of make the  will because the testator be seize at the time as much as he can be and it be  a certain present interest though to commence in going to be and all the  estate he can give he intend the devisee salk SC and p agree per cur FitzGibb  Rep SC and p by holt CJ
a devise his personal estate and pound to be raise out of a trust estate to be  distribute by two of his daughter his executrixs among themselves and their  brother and sister accord to their need and necessity as they in their  discretion shall think fit and milord keeper decree the heir at law a double  share thereof as look upon he as stand most in need thereof which decree be  affirm in the house if lord pasch Warburton and Warburton vern SC but not S p  Eq can Abr
a devise his personal estate to b for the use of his relation without specify  any in particular or use any other word and make b his executor and in die the  mother and three sister of the testator bring this bill as near relation for a  discovery and account of the personal estate and to come in accord to the  course of distribution settle by James and car it be agree to be the rule of  this court in construction of such devise to relation that those who will by  the statute of distribution be entitle to the personal estate in case the  testator have die intestate shall upon such general devise be let in to the  same proportion only and Lord Chan Cowper say he think it the best measure for  set bind equity case abridge er p to such general word and that it have be  often rule accord in this court east anon ms Rep Prec in Chan roach and  Hammond SC in as many word
a devise his real and personal estate to his four daughter and their heir  executor and administrator one of the daughter die live the testator decree  that her share shall go in the same manner as a real estate to the survive  daughter per Lord chancellor who cite it as the case of Blackwell and dry Trin  Prec in Chan will Rep Trin SC but different state vide p c p c p c this work
a devise his real estate to his three daughter and their heir and afterward by  a codicil he devise it over to his wife in case his three child shall die  without issue of their body and make his wife guardian to his child and die  the wife be very young and in six month after a s death marry again and the  court decree that the child shall be remove from the mother their guardian and  that the court will appoint some proper person among their relation to receive  they but that the mother shall be at liberty to see they as often as she will  but as to the guardianship of the land there be no decree make but there be  another bill depend as to that point east Geo Morgan and Dillon before Lord  Chan west in Ireland Mod case in law and Eq to but Lord chancellor decree be  reverse in the house of lord and the mother confirm in the guardianship hill  Geo ibidem equity case abridge a guardian in socage be pure for the benefit of  the infant and Accountable to he and removable by the court of chancery upon  any misbehaviour or oblige to give such security to account as the court think  proper per west Lord chancellor in Ireland east Geo Mod
a devise in the follow manner I make my niece executrix of all my good land  and chattel the testator have a real and personal estate but any lease or  interest for year in any land whatsoever and the question be whether any or  what estate pass in the land by this devise and my Lord chancellor be clear of  opinion that the real estate do not pass by those word and that the word land  be not as object useless and to be reject for that in all probability there  may be rend in arrear of those land which will pass to the niece by her be  make executrix Pasc piggot and Penrice vide Prec in Chan and pale yellow Eq  Rep SC in as many word with Prec in Chan
a devise in the follow word I do by this my will dispose of such worldly  estate as it have please God to bestow upon I first I will that all my debt be  pay and discharge and out of the remainder of my estate I give and bequeathe  unto my wife pound my mind and will be that my wife have one moiety of what be  leave after my debt pay item I give to my dear brother r b a close lie in the  parish of and for the remain part of my estate as well real as personal I give  and bequeathe unto my brother I b who I make executor and it be hold clear  that these word subject his real estate to the payment of his debt beachcroft  v beachcroft vern
a devise in these word I give to my daughter h pound to be order and dispose  of by her and for the benefit of her child as she please without give a  account to any body h die and make no disposal defendant her husband take  Administration and the child bring their bill for this pound and the sole  question be whether there be any interest vest in the child by this equity  case abridge er p devise for if there be not then it belong to defendant the  Cause be refer and so the court give no opinion but seem doubtful in the case  mich hillier and hillier Freem Rep it be hold that where a man make a will and  a executor and the executor die a administrator de good non shall not make  distribution because the party do not die intestate and so not within the  statute hill anon can b Freem Rep equity case abridge where a man die have  make his will and a executor and give he any particular sum as pound or pound  and make no disposition of the residue there the residuum shall be distribute  to the next of kin because although he make a will yet he be hold to die  intestate as to the residuum hill anon can b Freem Rep
a devise in this manner I give to my old heir male and his heir male for ever  all my land in such a place and if there be a female she to have pound per Ann  as long as she life the testator have two son the old of which die in his life  time leave issue a daughter and it be adjudge that the land shall go to the  second son and not to the daughter of the old though she be heir general Trin  W rot baker and hall in c b
a devise land on which timber be grow to his wife for life remainder to b in  fee pay several legacy within a limit time and in default of payment the  remainder to c he pay the legacy and on a bill bring by b the court give he  leave to cut timber for the payment of the legacy though it be oppose by the  tenant for life and the devisee over he make satisfaction to the view for  break the ground by carriage waste c Trin Claxton and Claxton vern Prec in  Chan S c say the court without difficulty decree it
a devise land to a executor for payment of debt and recite that a particular  schedule of they be annex to the will remainder over afterward he mortgage  part of the same land and pay most of the schedule debt with the money decree  that this mortgage be not a revocation neither in all nor part and that the  will ought to extend to all the debt that shall be owe at the time of his  death and not to the schedule debt only and that the mortgage be only a  security and not a appointment how it shall be make but this decree be reverse  but without prejudice to the heir at law may bernardiston and carter vin Abr  pl
a devise land to b and c and the survivor of they and the heir of such  survivor in trust to sell the estate be decree to be sell but the master  report the party can not make a good Title there be no feesimple in the  trustee for that the remainder in fee can only be vest in the survivor and it  be uncertain which will be the survivor on exception to this report Lord Chan  Talbot hold that the trustee join in a fine will pass a good Title by estoppel  c that here the fee be in abeyance and as where the old son of tenant in tail  levy a fine and survive his father though he afterward die without issue yet  this will pass a good Title as long as the tenant in tail have issue and  thereby conclude the young son who must derive his descent from the old  notwithstanding the latter at the time of the fine levy have nothing so in  this case one of the trustee must be the survivor and entitle to this future  interest consequent his heir claim under he will be estopped by reason of the  fine levy equity case abridge by their ancestor to say part Finis nothing to  have although he that levy the fine have at that time no right or Title to the  contingent fee Trin Vick and Edward ms Rep will Rep SC accord from which the  above ms case seem to be a transcript say the devisor heir join in the  conveyance to the purchaser will supply he want of prove the will but in every  other respect it will be void per his lordship ibidem his lordship cite the  case of weal and low in Pollexf Rep where a fine be adjudge to pass a estate  not vest by way of estoppel and to convey the interest of such estate which  accrue by the contingency happen afterward ibidem ms Rep accord c quaere if  any thing can operate by way of estoppel in this case because a interest pass  see Inst a b will Rep note I b OF set aside a fine in equity OF fine and  nonclaim and here OF a void fine
a devise land to b and c brother several parcel of land and if either of they  die that the other shall be his heir b die quaere whether c shall have the fee  or only a estate for life the court incline to the latter send adjournatur  Trin Genes and Kemsley Freem Rep
a devise land to b and his heir for ever upon condition to pay all the  testator debt legacy and funeral and if he do not pay they then he devise the  premise to the defendant and her heir for ever and give the residue of his  estate real and personal to defendant and her heir b die before the devisor so  it be a lapse legacy as to he one question be whether this be a executory  devise over of these land to defendant and per Eyre c I and tot cur this can  be a executory devise to defendant unless it be a original devise here be no  first devisee for he be dead and that devise be void east Geo roe and Fludd  fortesc Rep vide p c this work
a devise land to b his sister and c and their heir and assign upon trust that  until his grandaughter d shall marry or die to receive the profit and thereout  to pay her pound per annum for her maintenance the residue to pay debt and  legacy after payment thereof in trust for the say d and upon further trust  that if she marry a protestant of the church of England and she be then  twentyone or upward or if under twentyone such marriage be with the consent of  the say b then to convey the premise with all convenient speed after such  marriage to the use of the say d for life sans waste voluntary waste in house  except remainder to her husband for life remainder to the issue of her body  with several remainder over and upon further trust that if d die unmarried  then to the use of b for life remainder to the son of his other grandaughter e  in tail remainder to the defendant c remainder to his first c son remainder to  a s right heir and upon further trust that if d marry not accord to the will  then upon such marriage to convey to trustee as to one moiety to the use of d  for life remainder to trustee to preserve c remainder equity case abridge to  her first and every other son be a protestant with several remainder over and  as to the other moiety to the son of say e in like manner a die d attain her  age of twentyone and about six year after upon a treaty of marriage with f  which be afterward solemnize apply to b and c for a conveyance to herself for  life remainder to her intend husband for life remainder to the issue of her  body b execute such conveyance but c refuse Lord chancellor say that nothing  be to vest till after her marry a protestant and therefore b by convey and  enable her to suffer a recovery which have be do accord have do wrong mich  Lord glenorchy and Boswill case in Eq tempt Lord Talbot g act OF trustee and  beneficiary and trust as TO destroy contingent remainder c
a devise land to be sell for payment of his debt and will that the surplus  shall be deem part of his personal estate and go to his executor and give to  his executor pound apiece as a legacy and the question be whether the executor  shall have the surplus to their own use or shall distribute accord to the  statute of distribution for the executor it be insist that the surplus shall  be part of his personal estate and go to they and that he mean it they to  their own use and his give they a legacy of pound apiece can alter the case  for the surplus perhaps may be nothing and therefore he give they the pound  that they may at all event be sure of something and not to exclude they of the  benefit of the surplus and this be a devise of the surplus after debt and  legacy pay can be a trust in they for then all their trust be perform when  debt and legacy be pay on the other side it be say that the word in the will  that the surplus shall be part of his personal estate and go to his executor  be only intend to exclude the heir who else will have have it and not to give  any great interest to his executor equity case abridge than they will have  have otherwise and of the same opinion be my Lord chancellor and decree accord  hill the Lord Bristol and Hungerford SC Prec in Chan vide vern p wms in not
a devise land to his son and heir and if he die before his age of twentyone  year and without issue of his body then live the remainder over he survive the  twentyone year and sell the land and the sale be adjudge good for he have a  feesimple present the estate tail be to commence upon a subsequent contingency  Collenson and wright I side if a man devise land to a for life and after his  decease the whole remainder of these land to b those word pass a fee in the  remainder to b Norton and lad Lut equity case abridge er p
a devise land to trustee in fee in trust to pay debt and legacy and after  those debt pay then to sell and if any of the testator name will buy it such  person to have it for pound less than the value one of the testator name bring  a bill for this benefit of preemption but delay bring of it till twentyfive  year after the testator death and the bill be dismiss per Lord chancellor for  if two of the testator name shall claim the benefit of the devise who must  have it hill Huckstep and matthews vern not a very correct account of the  report in Vernon
a devise land to trustee in trust for his daughter for life remainder to the  second son of her body to be beget in tail male and so to every young son and  in default of such issue male to her old daughter and to the first son of her  body take upon he the name and arm of the testator and add further that he do  not by will devise the estate to the old son because that he expect that his  daughter will marry so prudent as that the old son will be provide for the  daughter marry and have issue a son who die in twelve month after his birth  she afterward have another son good after the death of the first this second  must take accord to the word of the will though contrary to the intention of  the testator Trin Trafford and Ashton vern
a devise land to trustee to pay out of the rend and profit pound per annum to  his wife for her life without any deduction in satisfaction of her dower the  question be whether there be to be a allowance for the landtax and the master  of the roll hold that there ought for that this devise be to be consider as a  rentcharge to the wife mich green and Marygold vin Abr pl vide title annuity  and rentcharge a Eq can Abr p can SC with the reason vide also king and Weston  p c and the note there
a devise land to trustee to sell for such a price as they shall think at and  per Lord Chan Macclesfleld there can be no doubt but this court at the desire  of any single creditor may and will interpose and order the estate not to be  sell as the trustee shall think fit but for the best price before the master  Trin in the case of the duke of Beaufort and berty will Rep
a devise of a legacy to a mother for maintenance of her child though the child  die the mother shall have the legacy per Lord keeper east in the case of  Bushnell and parson Prec in Chan
a devise of a personal estate to b and his issue or to b and if he die without  issue remainder over to c be void and the whole equity case abridge interest  vest in b hill Gibbs and Barnardiston pale yellow Eq Rep Prec in Chan SC and p
a devise of good be make to a for life and after his decease to the posterity  of b and the question be whether by the word posterity only descendant from  the body of b shall take videlicet child and grandchild or whether he have no  issue they shall oh to the collateral relation and Lord keeper be of opinion  that it go only to the issue of the body and that if a devise be to a and his  posterity it will be only a estatetail but the master of the roll think that a  devise to a man and his posterity will create a fee precedent order to be  search per Lord keeper mich attorneygeneral and Bamfield Freem Rep
a devise of land be make to the old daughter pay pound to the second daughter  and pound to the three daughter c and if the old daughter do not pay the pound  to the second Daughtaere by such a day then he devise the land to the second  daughter she pay her sister portion by such a day and if she do not pay then  he devise the land to the three daughter c resolve that this be not in the  nature of a mortgage to be redeemable after the time of payment be over but  that the old daughter not pave at the time appoint the second daughter shall  have the land and the old have no relief mich cite by his honour as sir Thomas  man case Freem Rep can b
a devise of land to b and his heir for ever upon condition to pay all my debt  legacy and funeral and if he do not pay they then I devise the premise to c  the defendant and her heir for ever and as to all the rest and residue of my  real and personal estate whatever not equity case abridge herein before  bequeathe I give and bequeathe to the say c and her heir b die before the  devisor so it be a lapse legacy the court hold that c can not take by these  word all the rest and residue of my real and personal estate not devise or  unbequeathed the land devise to b for it must be expound the rest and residue  of the land undevised at the time of make the will and not at his death east  Geo roe and Fludd c b fortesc Rep vide can this work
a devise of land to trustee though the word and their heir be omit shall  convey a estate in fee to they if that be necessary to support the intention  of the testator say arg mich Geo in Acherly and Vernon in Chan Mod Mod Geo  shaw and weigh in b r adjudge that in case of a devise of land to trustee and  to the survivor and survivor of they without say to their heir that the  trustee in this case take a fee by implication for the intention of the  testator be that they shall take such a estate as will support the several  trust in the will and the several trust in the will be estate of inheritance  the trustee must have a estate of inheritance to support such trust per the  opinion of all the judge cite roll Abr king note this point be give up on the  first argument the judge say they need not labour it ibidem Str SC accord a  give specific legacy to his daughter and other legacy to other then he give  all the residue of his estate to W b c in trust to increase his daughter  portion Lord Chan decree that this give the daughter a fee east Geo anon Mod  his lordship at the first open say he do not remember that it be ever adjudge  that a inheritance shall pass by the bare devise of all his estate b but that  this be not the present case for here devise be of all the residue of his  estate c to his three daughter to increase their portion which word plain show  the testator intend to pass the inheritance immediate otherwise they may never  get any thing by it ibidem
a devise of land will pass feefarm rend or any other right out of land per cur  mich Geo in grammatical case Acherley and Vernon Mod vin Abr title devise king  a p note to can S p and by the name of land land article to be purchase pass  ibidem
a devise of the personal estate to a papist under eighteen who afterward turn  protestant and conform be admit to be good east in the case of hill and  Filkins will Rep
a devise portion to his four child Payable at their respective age of  twentyone or marriage and in case any of they shall die before the time of  payment or without issue then his or their share to go to the survivor and  survivor of they and his heir one of they die under age and without issue and  unmarried and the plaintiff who be one of the survive brother and marry though  under age bring this bill for a three part of the dead brother share and the  question be first whether the devise in case of death without issue be of a  personal estate be good second whether admit it be the dead brother share be  not still liable to the contingency of survivorship till it come to the last  of the four brother his honour decree that the limitation be to the survivor  and survivor and his heir that it can not be intend a die without issue  general which will make it void but a die without issue in such manner as that  the survivor or survivor may take it which must be during their life and  consequent good second that it be liable to the contingency of survive till it  come to the last and therefore the plaintiff one of the four child can not  have his share of the principal of his dead brother equity case abridge but in  regard no direction be give in the will concern the interest it be decree he  shall have a proportionable part of the interest during his life else the  interest must lie dead till it come to the last which will be very  inconvenient though in case not so circumstance the legatee have not be allow  the arrear or grow interest for want of a direction in the will concern it but  it have fall into the residuum of the testator personal estate east Nicholls  and Skinner ms Rep Prec in Chan SC in as many word
a devise portion to his four child Payable at their respective age of  twentyone year or marriage and in case a of they shall die before the time of  payment or shall die without issue then his or their share to go to the  survivor or survivor of they and his heir one of they die under age and  without issue this though a limitation of a personal estate be good but liable  to the contingency of survivorship till it come to the last of the for child  east Nichols and Skinner Prec in Chan vide Eq can Abr p can
a devise pound apiece to b and c Payable at twentyone b die a infant and  intestate and then d b s father die without take Administration to b his son  decree per cur that pound legacy devise to b be distribute among his mother  brother and sister equal Trin grice and Goodwin Prec in Chan but upon a bill  of review to reverse this decree it be assign for error that on the death of b  in the lifetime of d his father this legacy vest in d by the statute of  distribution though he take not out Administration to he and therefore ought  not to have be distribute as b s personal estate but as the personal estate of  d the father and then the mother will be entitle to a three of it and this be  hold per cur to be a error appear in the body of the decree so the decree be  open ibidem if a man be declare executor this of itself give he a interest in  the personal estate and he shall have the whole but if part of that estate be  devise to he it will exclude he as to the rest and he shall have no more than  so devise per Lord Chan Cowper east Ann vin Abr pl S p by Lord Chan king will  Rep
a devise pound apiece to four child Payable at twentyone or marriage with  maintenance not exceed the interest in the mean time b be appoint trustee of a  TrustEstate to raise and pay the legacy as aforesaid and he pay pound in place  out one of the child apprentice who die before his age of twentyone year and  the court hold that the pound be lie out and that the trustee shall be allow  it franklin v green vern but if a trustee for the payment of child portion pay  one of they his fall share and the TrustEstate decay he shall not be allow  such payment Tilsly v Throckmorton Chan can per Lord keeper and it be urge  that though the appointment be to pay one in the first place c yet it will not  be good as it do not denote preference in the quantity of the sum to be pay  but my Lord keeper be of another opinion as to this point but it be clear  agree that a specific legatee may be pay in the first place but for this salk  Title legacy Eq can Abr
a devise pound capital SouthSea stock to b at the time of make his will he  have pound of such stock and after by sale reduce it to pound which he after  increase to pound and die between the make his will and his death the Act take  place which change three four of the capital SouthSea stock into annuity this  legacy be not take away or impair by the sale nor by the Act of parliament  mich partridge and partridge case in Eq in tempt Lord Talbot equity case  abridge er p g in what case a legacy give by a codicil shall not be construe  in satisfaction OF a legacy give by a will c in what case a legacy by a will  shall not be in satisfaction OF a annuity pecuniary legacy be give by a will  and afterward great pecuniary legacy to the same person by a codicil these  shall not be take to be a satisfaction for the pecuniary legacy give by the  will unless so express because the codicil be part of the will and prove as  part thereof and it be as if both the legacy have be give by the same will per  his honour east master and sir Harcourt master will Rep note testatrix have  also devise annuity by codicil to the pecuniary legatee in the will and per  his honour the annuity by the codicil though give to the same person that be  pecuniary legatee in the will and though of great value yet shall not be take  to be a satisfaction for the pecuniary legacy give by the will because the  annuity be not the same noble birth and the annuitant may die the next day  after the testatrix and nothing be more uncertain than life consequent the  latter gift instead of be a bounty may be a prejudice if take to be in  satisfaction of the legacy by the will ibidem
a devise pound per annum to b for life charge on two house hold by a lease and  make a his wife sole executrix a devise pound per annum to b for life and make  c executor and c settle land of his own and charge they with payment of pound  per annum to b for life Lord chancellor Cowper think the two pound annuity  give by the several will be several devise of two several pound but whether  the pound by the settlement shall be additional or only in satisfaction be not  decree though it be swear by two person to be intend in satisfaction east Ann  Davison and Goddard pale yellow Eq Rep
a devise pound SouthSea stock to I S and the testator have but pound SouthSea  stock No more than the pound shall pass and the rest of the testator personal  estate not be oblige to make up pound but it may be otherwise if the testator  have no stock at all whereas the stock he be then possess of do in some  measure satisfy the will decree first by the master of the roll and afterward  affirm by Talbot c on a appeal mich Ashton and Ashton Ashton and Ashton Vol  Abr Eq can be not S c will Rep Cas tempt Talbot SC vide Eq can Abr p can
a devise pound to all the natural child of b his son by c Lord Chan Parker  incline that a natural child in ventre sa mere can not take for that a bastard  can take until he have get a name of reputation of be such a one child and  that a reputation can be gain before the child be bear hill Metham and duke of  Devon will Rep
a devise pound to b her daughter and if she marry under twentyone without  consent of the executor or major part of they the legacy to go to the child of  her sister the wife of c and make c and two other executor b be at the house  of c there marry his son by a former wife with his privity be under twentyone  b and her husband bring a bill for the legacy equity case abridge c in favour  of his other child insist that the legacy be forfeit the other executor  confess they have notice of the courtship and do not contradict or disapprove  of it and the pound be decree the plaintiff there be at least a tacit consent  hill Mesgrett and Mesgrett vern equity case abridge er p
a devise pound to be lie out by his executor in the purchase of exchequer  annuity for ninetynine year term and to be enjoy by his wife equity case  abridge for her life she release her dower and afterward to go equal to his  two daughter b and c and bequeathe pound apiece to b and c Payable at  twentyone or marriage and per Lord Chan Cowper the pound shall have the  preference and if there be not asset enough to pay the other legacy they must  be lose Trin Burridge and bradyl will Rep his lordship say it be of some  weight that these annuity be to go to the child after the wife be death but  especial as the wife be a purchaser of the annuity for her life by her release  her dower and for that money order by will or article to be lie out in a  annuity be in equity look upon as a annuity or land and consequent to be take  for a specific devise and not a pecuniary legacy and it be therefore to be  prefer before a pecuniary legacy a ibidem a note the authority of this decree  be question by Lord Chan Parker Trin in the case of Hinton and pink his  lordship say he can not come into Lord cowpers resolution vide will Rep a  legatee of pound to be lie out in the purchase of land can say he have a right  to the pound in specie indeed if the money in such a hand be devise this will  be a specific legacy a specific legacy be where by the assent of the executor  the property of the legacy will vest per Lord Chan Parker Trin in the case of  Hinton and pink will Rep and his lordship ask if it be possible suppose there  be pound of the testator money lie upon the table that the plaintiff the  legatee shall say I have a right to this very money in specie and if not then  it be no specific legacy ibidem vide p c
a devise pound to be lie out in land and settle to the use of b in tail  remainder to c in fee b and c agree by article to divide the money b die  without issue before a division of the money a specific execution of the  article be decree at the roll in favour of b s executor and afterward affirm  by Lord Talbot easter carter and carter can in Eq tempt Talbot his lordship  observe that this be a mutual agreement between the party and that there be no  child of tenant in tail in be that though tenant in tail die before any thing  be do in pursuance of the article yet every thing may be do now as well as it  may in his lifetime ibidem the reporter say by way of note that his lordship  seem to lie a good deal of stress on tenant in tail die without issue ibidem  equity case abridge a bill in equity lie not to compel the performance of a  agreement to pay money in consideration of have stifle a prosecution for  felony by if to stop a prosecution for a fraud for when the indictment be for  a fraud and the party wrong come to a agreement to be satisfy for such injury  as in conscience he ought to be this be lawful matter of fraud be cognisable  and relievable as well in equity as at law a easter Johnson and ogilby all  will Rep a rule in case of fraud the court of equity have a concurrent  jurisdiction with the commonlaw matter of fraud be the great subject of relief  in equity per the master of the roll Trin will Rep vide ibidem
a devise pound to his daughter and the residue of his personal estate to his  brother the question be whether this daughter shall have her customary part  beside this legacy by reason that he give the residue to his brother which be  a kind of a implication that the daughter shall have the pound and no more and  if she shall have her customary part too there will be nothing leave for the  brother but it be hold clear per Lord Chan that the daughter shall have her  legacy and her customary share too there be no word to exclude her equity case  abridge she shall not be bar by implication though it be urge that in this  case there will be nothing leave for the brother Trin Bravell and pocock Freem  Rep
a devise pound to his infant grandson without mention any time of payment with  a proviso that if the grandson shall die before twentyone then the legacy to  go over to another his honour hold it extreme clear that this be a condition  subsequent and therefore as equity case abridge the infant death before  twentyone will only defeat the legacy from the time it happen consequent in  the mean while it shall carry interest at least from the end of the year after  the death of the testator hill tailor and Johnson will Rep
a devise pound to his wife for life remainder to the parish church of saint  Helen which be a impropriation this pound shall not go to the vicar or  stipendiary of the church but to the churchwarden for the reparation and adorn  the church decree by the master of the roll on time take to consider c hill  attorney general and Ruper will Rep his honour take notice that money or  charity give for repair a church be one of the charity mention preserve and  establish by stat Elizabeth c that as on the one hand the parson of the church  be a corporation for to the take of land for the use and benefit of the church  and not capable of take good or any personalty on that relief so the  churchwarden be a corporation to take money or good or other personal thing  for the use of the church but be not enable to take land good give or buy for  the use of the church be all good church for the take whereof the churchwarden  may bring trespass cite f n b king and they may bring trespass for take these  good as well in the time of their predecessor as in their own time per his  honour ibidem
a devise that his executor shall receive the rend issue and profit of his  personal estate in the first place to pay per Ann to one for life and after  that person be death out of the remainder of his estate his debt be pay to  raise portion for several child Payable at twentyone and maintenance in the  mean time and devise all his land in several parcel to several person at  future time and the master of the roll hold that the land be liable to be sell  and that the sale shall be out of all the devisees land unless the personal  estate be sufficient or the rend and profit in a reasonable time and order a  account to be take thereof in the first place Trin berry and Askam vern equity  case abridge er p king OF devise OF thing personal as good chattel c by what  description and TO who good
a devise that his executor shall sell his land in d the executor renounce  Administration be grant to b who bring a bill against the heir to compel a  sale and for he to join object that the executor ought to have be make  defendant for notwithstanding they have renounce yet the power of sale  continue in they and be altogether collateral to their executorship but there  be only a power and no estate devise to the executor this objection be  overrule the reporter say yet Q ibidem per king c mich Yates and Compton will  Sel case in Chan SC say it be hold that the estate descend to the heir at law  and that he be only a trustee to the use of the will since the executor  renounce so no occasion to be party
a devise the guardianship of his son who be seven year of age to his wife who  be motherinlaw to the infant and she marry mean with her own servant the uncle  get possession equity case abridge of the infant and send he to be educate in  a protestant college in France and upon a a human being Replegiando it be hold  by my Lord chancellor that though in case of a guardian by commonlaw a this  court may remove he yet here be a guardian accord to the statute she can not  be remove but that he will make her give security not to marry the infant  inter year nubile and the uncle be order to send for the boy car foster and  Denny Chan can a guardian at commonlaw may be remove or compel to give  security if there appear any danger of their abuse either the infant person or  estate and there be several instance of this kind as style hard Chan Rep side  salk but there be none where a statute guardian have be total remove some  where such term have be impose on the guardian bee effectual to prevent his do  any thing to the prejudice of the infant but quaere whether such cause may not  arise for which he may be total remove notwithstanding the statute as if he  become mad lunatic c a guardianship be not assignable neither shall it go to  the executor or administrator be a personal trust Vaugh the court of chancery  may assign one of the six clerk to be guardian to a infant Anonymous Chan can  Offley v JennyJ Nell Chan Rep vo S p the spiritual court may appoint a  guardian to a infant till he be fourteen year old who have only a personal  estate but if there be both a real and personal estate such appointment be  void vide lev the testamentary guardian of a infant petition the Lord  chancellor that they may be discharge of the trust and new guardian appoint as  the infant be go abroad on his travel and will not be under their inspection  but Lord Hardwicke chancellor with some warmth refuse to grant the prayer as  be never equity case abridge er p
a devise the surplus of his personal estate to his daughter the wife of king  for her separate use and make her executrix and ld Chan seem to be of opinion  that the devise be to her and not to trustee what come to her by law belong to  the equity case abridge husband but there be no decree make in it Trin Harvey  and Harvey vern will Rep S c no decree appear to have be make b what act OF  the wife before marriage shall the husband avoid as do in derogation OF the  right OF marriage
a devise the surplus of his personal estate to his four executor this be a  joint bequest and on the death of one shall go to the survivor as well in case  of a legacy as of a grant Trin Willing and baine will Rep equity case abridge  er p equity case abridge remedy for legatee in what case and in what court c
a devise to a infant en ventre sa mere be former hold void for that the infant  not be bear there be no person to take but it be now hold good because the law  shall intend that the devisor do intend it to he when he shall be bear so that  it work in the nature of a executory devise and where it appear that the  testator do not intend it to be execute present there it shall wait per north  hill in the case of tailor and Bydall ibidem
a devise to a papist under the age of eighteen be good if he conform within  six month after he come to that age otherwise the word in the statute which  direct when that conformity shall be make be in vain and though the devisee  have not conform at the time appoint yet the inheritance be in he and shall  descend to his heir and he shall maintain a action of waste by virtue of the  stat pound W against the next protestant heir who be entitle to take the  profit during the disability Saidarg and agree to per cur Trin Ceo hill and  Filkins Mod will Rep Trin S c
a devise to a upon special trust and confidence that he shall pay all the  testator just debt be a result trust to the heir after debt pay mark Kiricke  and Bransbey vin Abr in a note to pl
a devise to a with several remainder and a remainder over to the heir male of  the devisor the devisor have no heir male of his body at his death it be a  void limitation and a collateral male can take by this devise in the king case  a grant to heir male be void but in that of a common person it be a fee and  the word male be idle but heir male c in a will be always intend of the body  and imply a estatetail mich Ann b r ford and ossulston Mod salk Rep SC a  devise of d remainder to his right heir male must be intend right heir male of  his body and no collateral heir male shall take by such a limitation by way of  remainder
a devise to b and c during their natural life equal to be divide between they  and after their decease to the next heir male of their body but in case either  of they die without such issue then he devise the same to the other of they  and after his decease to the heir male of his body and for want of such issue  of both of they then he devise over to other with a proviso that if any of the  devisees out down timber unless for necessary boot they shall forfeit their  estate this be hold to be a estatetail in b and c notwithstanding the estate  be limit to the next heir male ibidem Mr fortescue say this be the unanimous  resolution of the court of c b when the Lord chancellor preside there and be  as he fortescue I hold to the satisfaction of all westminsterhall and when  this Cause be bring into b r by Writ of error that court seem to be of the  same opinion but as to the point of the plead be in a formedon these be debate  but no question make equity case abridge er p as to the limitation of the  estate ibidem cite by fortescue I as the case of Seagrave and miller Geo  fortesc Rep
a devise to b and her heir and if she and d die without issue testator give  several annuity charge upon the premise to charitable use resolve that b have  a estate in fee east Geo scrape and Rhodes all in c b ibidem
a devise to b during his exile and if it please God to restore he to his  country or if he die then to I S b be a Dutchman and have a pension from the  state but upon some displeasure the state deprive he of his employment and of  his pension and give they to another whereupon he voluntary leave the country  and live here with a who have be his acquaintance beyond sea and after his  come hither a war happen between the Dutch and English and afterward a peace  be conclude between the two nation yet b continue here and whether his estate  be determine be the question and the court hold it be not for that the exile  intend by a be the leave his country because of the state displeasure to he  and the withdraw of his pension upon that displeasure paget and Voscius lev
a devise to b for life and after one three part of the reversion to each of  his three sister respective and their heir the sister bring a bill for  discovery of encumbrance on the estate and to compel the defendant tenant for  life to bear his share and proportion thereof allege that their reversion will  be of little benefit to they if the debt be suffer to increase by nonpayment  of interest c and charge that the defendant have cut down timber for which he  ought to be Accountable the court decree the defendant to pay two part in five  of the debt and the plaintiff the Reversioners the other remain three give and  the defendant to account for the timber and what be raise by it to be take as  so much in part of what the Reversioners be to pay Paso Humpreys and hale vern
a devise to b land of pound per annum value pay pound which he owe to I S and  pound more which he by bind owe I n and after small legacy devise the rest of  his personal estate to the plaintiff his niece it happen that the pound by  bind be not due to I n but to S h and therefore the devisee of land refuse to  pay it insist it shall be pay out of the personal estate but the person who  equity case abridge draw the will have swear that the testator intend the debt  due to S h the master of the roll decree the devisee of the land liable which  decree be affirm by my Lord chancellor who say he see no hurt in admit  collateral proof to make certain the person or the thing describe mich Hodgson  and Hodgson vern precedent in Chan SC state it thus a devise land to b he pay  pound which he owe by bind to I S which be the oblige maiden name but though  he know she be marry yet he forget her husband name and this be move by the  person that draw the will and another the payment be decree
a devise to b pound to put he out apprentice when he shall come to the age of  seventeen year and he die before that age and resolve that his administrator  shall have it mich anon Freem Rep vern mich Barlow and grant SC accord
a devise to b the father for life remainder to c his son a infant in fee and  devise pound to the son to be pay at twentyone and make the father executor  and leave personal asset and b have spend the personal asset mortgage the land  to I S and make affidavit that they be free from encumbrance and that he be  seize in fee and levy a fine for corroborate the mortgage and also declare the  use thereof to he and his heir the son have enter for a forfeiture the  mortgagee bring his bill to be relieve and the court decree that the mortgagee  notwithstanding the forfeiture shall hold and enjoy the land against the son  during the life of the rather hill Willis and Finex Prec in Chan SC accord  equity case abridge d where equity will supply a defect in a fine or recovery
a devise to c and d and if either die the other shall be his heir the question  be whether c or d have a estate for life or in fee and it have be argue by  sergeant Borril that they have but a estate for life sergeant Maynard be to  maintain that they have a fee but he throw it off upon another point mich  gyles and kempe in c b Freem Rep
a devise to his daughter m the plaintiff pound to be pay by his executor upon  her day of marriage or age of twentyfive year whichshould first happen upon  condition that she shall marry with the consent of such and such person and if  she marry without their consent then to have pound only and no more and give  the residue of his personal estate to the defendant m marry the plaintiff  without such consent before she be twentyone and it be hold by the master of  the roll that this be more than a clause in terror and that the devise of the  surplus of the personal estate be a devise over of the pound on m s  disobedience mich Amos and Horner note No resolution be take in this case but  it go off for want of party and never come on again per Jekyll master of the  roll salk Eq can tempt Talbot
a devise to his daughter pound item I give to her my household good if she  shall not be marry in my lifetime and afterward in his life he give with his  daughter in marriage above pound and die not have revoke or alter his will and  the court hold that the legacy be extinguish by the portion mich Jenkins and  Powell vern vide pit v pigeon Chan can and husband v husband vern equity case  abridge the defendant late husband make his will in write and thereby among  other thing devise as follow videlicet I give and devise to a my good and only  uncle the sum of pound that be to say that bind and judgement he give I for  pound and pound in money and make the defendant his executrix and desire her  to be kind and assist to his uncle that he may live as become a gentleman the  uncle some time after sell a estate and with the money pay off pound and take  up the bind and have the judgement vacate and give a new bind for the remain  pound and some time after the testator die and the uncle have notice of this  will bring his bill for this legacy of pound the defendant insist that this be  a specific legacy of that particular bind and judgement and they be cancel and  alter before the testator death be a ademption of the legacy as to so much and  beside they urge that this payment of the pound amount to a release of so much  of the legacy and therefore the plaintiff will have no right but to the remain  pound on the other side it be insist that the diversity be where the money be  voluntary pay in by the person who owe it and where the testator sue for d  recover it in the first case the legacy continue still good because the money  come only home to the personal estate but in the other case the testator by  site for it equity case abridge er p
a devise to his niece then about the surplus of his personal estate Payable at  and if she shall die before or marriage then a devise it over the niece shall  have the interest pay her in the mean time though the surplus be devise over  if the niece die before or marriage the devise over be but a condition  subsequent Trin Nicholls and Osborn will Rep vide this work p c
a devise to his son for life et non aliter and to his son be adjudge a estate  for life only in the pound arg Trin in the case of shaw and weigh Mod case in  law and Eq
a devise to his wife all his household good and other good plate and stock  within door and without and bequeathe the residue of his personal estate to I  S the testator ready money and bind do not pass by the word good decree per  king c east Woolcomb and Woolcomb will Rep it be contend that the devise of  all the testator good shall carry all his personal estate in all respects good  be word of the large extent and signification with regard to personal answer  that if the devise of all the testator good be to be take in so large a sense  it will then frustrate and make void the bequest of the residuum which will  not be allow that it seem reasonable that the word other good shall be  understand to signify thing of the like nature with household good to the end  the whole will may have its effect and consequent that the testator ready  money and bind shall not in this case pass by the word good but shall go to  the residuary legatee and of this opinion be king c ms Rep in SC will Rep in  SC hold accord
a devise to his wife some particular legacy and make her executrix but make no  disposition of the surplus of his personal estate and the court admit parole  proof to show that the testator intend her the surplus be to oust a  implication or rule in equity and on the evidence decree for the wife vern  bachelor v Searl ibidem S p parole proof admit to show that a legacy great  than a debt due to the legatee be not in satisfaction of the debt Cuthbert v  peacock vern ante Eq can Abr reverse in dom proc vide p wms vide the case of  the duke of Rutland all and duchess of Rutland all Eq can Abr part p S p if a  purchase in the name of b a may be admit to prove that he pay the  purchasemoney and so make it a result trust or trust by implication of law for  himself vide Gascoigne v Thwing vern
a devise to I his daughter a legacy and declare it to be in full of every  thing she can claim out of his estate and then make a devise of the residuum  who die in his lifetime he by a codicil make a devise of his residuum to his  wife f to be dispose of by her with the approbation of the trustee a die the  wife give the residuum by her will without the trustee c Cowper c say the wife  not observe the term prescribe to her this be to be take as if the testator  have make no disposition thereof and he die intestate it shall go in a course  of distribution second that I here shall have her share notwithstanding the  exclusive word for this be a new right accrueing by the codicil through a  antecedent after the will of which the testator have not then any view or  prospect but he argue a case up and determine in the house of lord where a man  devise S and no more to one of his child and die intestate as to the residuum  that these word and no more exclude that child from have any share contrary to  a opinion declare by the master of the roll mich Geo simpson and Hutton vin  Abr pl Lord Chan Parker say he be not satisfy with that notion that a legacy  to a executor exclude he from the surplus and therefore have not the executor  submit to account for the surplus his lordship say he know not whether he  shall have decree he to account for it east Geo and Mortimer Powell Mod
a devise to the principal fellow and scholar of jesus college in Oxford and  their successor for maintenance of a scholar be good by the statute of  charitable use though such devise have be mortmain by the statute of will hob  flood case vide Title charity Eq can Abr a man may have devise to a infant in  ventre sa mere though the devisor die before the infant be bear for he be in  be in some respect a d the freehold shall be in the heir in the mean time to  waver in opinion h whether a devise to a infant in ventre sa mere per word in  present time be good have be much doubt because it be not to take effect at  the time of the death of the devisor and since by the devise he be to take  immediate after the death of the devisor the freehold can be in abeyance by  the Act of the party but as the better opinion seem to be that such a devise  be good it will be sufficient bare to mention the authority pro and con as  dyer Mod lev more pl raym keb Bulst roll Rep roll Rep raym carter Mod and by  finch ld king the doubt arise upon the statute of will which enact that it may  be lawful to devise to any person or person c but that at commonlaw without  question it be good Mod but a man can surrender a copyhold to a infant in  ventre sa mere roll Rep Bulst a devise to a infant in ventre sa mere when he  be bear be undoubted good and the freehold shall descend in the mean time lev  roll Abr so be a devise to a infant in ventre sa mere with a new publication  of the will after his birth full v full cro Elizabeth
a die indebt by bind and seize in fee of diverse land part of which he devise  to I S and other part he permit to descend to his heir the land permit to  descend shall in the first place b be liable to pay the bind Trin chaplin and  chaplin will Rep b the reporter here add the follow note the reason why where  a man die indebt by bind and devise some land to I S and leaves other land to  descend to the heir at law not mention they in his will the land descend to  the heir shall be first apply to pay the bind debt be because the apply the  land devise to I S to pay the bind debt will disappoint the will which equity  will not permit if it can be avoid whereas it no way disappoint the will to  say that the land not mention shall be in the first place liable to pay the  debt but it seem it will be otherwise if the testator have devise the land to  his heir at law for though such devise be void as to the purpose of make the  heir take otherwise than by descent yet it show the testator intent that the  heir shall have the land and therefore I I e the reporter take it the devise  land to I S and the other land devise to the heir at law shall in this last  case contribute in proportion to pay the bind debt also for the abovementioned  reason I I e the reporter shall think the land permit to descend to the heir  at law and not mention in the will shall be apply to pay the bind debt before  a specific legacy lest otherwise the testator intention shall be disappoint  ibidem Q what shall be asset as well legal as equitable
a die indebt by bind to b and by another bind to c and leaves b and I S  executor b intermeddle with the good and die before probate and before any  election make to retain quaere whether as b may have retain the good in his  hand his executor have not the same power but this point be wave the court  give no opinion touch the same east cross and pike will Rep equity case  abridge er p equity case abridge king executor how far favour in equity et  econt by car c sect No action lie to charge a executor on a special promise to  answer damage out of his own estate unless there be a note in write sign by he  or his order upon a bill of revivor for the duty as well as the cost a  executor defendant shall pay cost aliter when the revivor be only for the cost  to be ascertain t sir Edward Delaval and sir Edward Blackett in scacc bunb Rep
a die intestate leave a wife and two infant daughter entitle to his personal  estate in three which amount to pound the widow administer and lie out part of  the money find in the house as be prove in land and take the conveyance in her  own name the daughter marry and die the original say that the daughter both  marry and die and b the husband of the survive daughter take out  Administration to his wife and her sister his honour on a bill bring by b  against the heir of the widow and administratrix decree two three of the pound  to b and if not pay the land to be sell but Lord keep wright reverse this  decree as contrary to the case of Kirk and web mich kind and miller Prec in  Chan equity case abridge er p
a die intestate leave issue b and c his personal estate be value at about  pound c agree to take pound for her share and that b shall take Administration  and she release her right to the personal estate b pay the pound make d his  executor and devise to he all his personal estate and then die there be pound  out upon bind of a s estate the question be whether d b s executor or c the  daughter who be since marry to e shall have Administration and the judge of  the prerogative court give it to d which sentence be affirm by the equity case  abridge er p delegate because they say that d as executor of b be in equity  entitle to all benefit of the personal estate of a by reason of the agreement  mich young and pierce Freem Rep
a die intestate without brother or sister his mother live she make her will  and thereof b her executor and residuary legatee and die within a week after  her son and before she have take out Administration to he the brother of the  mother take out Administration to the son as his uncle and next friend the  mother executor bring a bill against he to have a account of the personal  estate of the son in right of his testatrix who be entitle to it by the  statute of distribution Cowper c say that the administrator of the son be only  trustee for the next of kin to the intestate who be entitle to a distribution  by the statute and that in this case be the mother the son die without father  brother or sister and this be a interest vest in the mother though she die  before Administration take out to the son and shall go to the executor and  residuary legatee and decree accord for the plaintiff Trin Geo Jackson and  Proudehome vin Abr pl
a difference have always be take between a general encumbrancer by statute or  judgement and a purchaser or mortgagee that the one be no Lien on any  particular part of the estate but affect it only at large but in case of  mortgage or purchase the party contract for that particular part that if a man  have confess twenty judgement or statute the last can not by buy in the first  hold out all the intervene judgement say arg by Mr Vernon and agree to per cur  because when the debt on the first judgement be pay that security determine  and expire of itself Trin in the case of wright and peel Prec in Chan and Lord  Chan Cowper and several at the bar think that a judgement creditor may as well  secure himself by take in a prior mortgage as the three mortgagee for that his  judgement be a Lien upon the land and when he get in a prior mortgage that  ought not to be take from he till payment of his whole debt ibidem
a direct his debt legacy and funeral to be pay out of the rend of his real  estate and that his executor shall receive the rend until his nephew shall  attain his age of twentyone year and then to pay the residue of the rend to he  and afterward devise all the residue of his personal estate before  unbequeathed to his equity case abridge er p nephew the nephew die a infant  and Cowper c decree the personal estate in the first place to be subject to  the debt c for that there be no express clause to exempt the personal estate  pale yellow Eq Rep hall and brooker SC mich Ann and that have always be the  distinction in this court if the personal estate have be devise to a stranger  his lordship hold it may have have another consideration from the meaning of  the word before unbequeathed but here he think it can not hill dolman and  smith Prec in Chan pale yellow Eq Rep SC in as many word with Prec in Chan  vern SC say Lord chancellor say if the residue of the personal estate  unbequeathed have be devise to a stranger or to a three person he shall have  have it exempt from debt but the devise of the surplus of the land and of the  personal estate be to one and the same person he think the surplus of the  personal estate be not intend to be devise to the nephew exempt from payment  of debt ibidem
a dowress have a right to redeem a mortgage pay her proportion of the mortgage  money and to hold over for the rest and distinguish this case from lady radmor  for there be a satisfy term and the husband have a power to bar her by assign  over the term which he do but here it be only a mortgage and against the heir  per Lord keeper opinion hill palm and Danby Prec in Chan SC cite per Lord Chan  Talbot mich in the case of attorneygeneral and scot case in Eq tempt Talbot  see the resolution of sir Jos Jekyll master of the roll hill in bank and  Sutton c that a widow shall be endow of a equity of redemption though the  mortgage be make in fee before the marriage upon her pay a three of the  mortgage money or keep down a three of the interest will Rep say vide Eq can  Abr p can
a dowress have a right to redeem a mortgage pay her proportion of the mortgage  money and to hold over for the rest per Lord keeper who distinguish it from  lady radmor case for there be a satisfy term and the husband have a power to  bar her by assign over the term which he do but here it be only a mortgage and  against the heir hill palm and Danby Prec in Chan will Rep SC cite by his  honour hill in Sutton and Sutton and he say that it be a mortgage for year  though not so report in Prec in Chan but that the question be there state  general whether a dowress have a right to redeem a mortgage and that Lord  keeper wright declare that she have and his honour say that he see no reason  for a difference between a mortgage in fee and for year as to the Dowresss  redeem in a court of equity
a dowress may redeem a mortgage pay her proportion of the mortgagemoney and as  to the rest she may hold over till she be satisfy decree hill palmer and Dandy  SC but not S p post pl Prec in Chan Eq Abr palmer v Danby SC and S p
a dowress shall be aid in equity against a trust term attendant on the  inheritance per his honour hill in the above case of bank and Sutton and  Sutton and Sutton ibidem a dowress shall have the benefit of a trust term  against a heir or devisee but not against a purchaser for a purchaser ought to  be safe per his honour hill in say case of Sutton and Sutton ibidem nothing  but a plain and express intention of the party shall bar the right of dower as  where a settlement be make in consideration of a portion in marriage but it do  not appear that the party intend it shall be in bar of dower cite per cur in  the case of Charles and Andrews Trin Geo Mod as the case of Laurence and  Laurence to be so hold in dom proc year tenant for life remainder in fee c the  tenant for life make a lease to he in remainder for so many year as he the  remainder man shall live then tenant for life die and so do the remainder man  it be adjudge that the wife shall not be tenant in dower because the  possibility which the tenant for life have that the estate may revert to he  have varred her of all right of dower per cur Trin Geo Mod cite the yearbook  Edward equity case abridge er p
a dowress shall have emblements because dower be consider as a excrescence or  continuance of the estate of the husband but a jointure be not Trin in Chan  fisher and Forbes vide title emblements in this page vide the case of mill and  Eden title creditor and debtor a Eq can Abr p can cap XXXVI emblements a  tenant for life remainder to b his wife for her life for her jointure  remainder to a in fee a devise his remainder in fee to b and die in may leave  hop in the ground which be culture at great charge in February and gather in  August question whether they belong to b or to a s executor the master of the  roll at first incline to think the hop belong to b in right of her rend and  emblements but in regard of case cite adjudge that in case of dower she shall  equity case abridge er p have the emblements because dower be consider as a  excrescence or continuance of the estate of the husband but a jointure be not  he afterward declare that the hop and corn grow at the testator a death be  emblements and ought to be account for as part of the testator estate Trin  fisher and Forbes vin Abr pl error vide writ Eq can Abr p can equity case  abridge cap XXXVII estate a of legal and equitable estate b of a estate pur  auter vie c of a estatetail by deed a OF legal and equitable estate
a draw a bill of exchange in England Payable to b or c in holland for pound c  accept this bill afterward a and c become bankrupt and pound per cent be pay  out of c s effect to his creditor and now b and the rest of the creditor of a  will come in for the whole pound allege that though this shall be grant they  yet the effect of a will not extend to satisfy they their just debt of pound  even elude the pound per cent which they have receive out of c s estate  Macclesfield c direct that the creditor of a come in for pound per cent only  and if the pound per cent shall appear to have be pay out of c s own effect  then the creditor of a to come in for the whole pound out of which they must  answer pound per cent to the creditor of c hill ex part Ryswick will Rep it be  material whether this payment of pound per cent make by the assignee under c s  Commission be out of the effect which a have in c s hand for if so it will be  as if pay by a herself and then there can be but pound per cent due and a s  creditor shall come in for no more but if the pound per cent be pay out of c s  estate then his estate be a creditor for this pound and a s creditor must come  in creditor for the whole pound and be take as trustee for the pound debt pay  out of c s effect per Lord Chan ibidem if a be principal in a bind and b  surety for payment of pound and a and b become bankrupt a have pay pound the  creditor of a or b will come in only for the remain pound but if b the surety  have pay the pound or if it have be pay out of his effect then b or his estate  have be creditor for this pound and consequent the creditor or assignee under  the Commission against a the principal though the pound have be pay by the  surety must have come in for the whole pound and as to the pound they must  have be Accountable to b the surety per Lord Chan in the above case ibidem
a ejectment be bring by a upon a lease for year make to b render rend with a  clause of reentry for nonpayment of the rend and for nonperformance of the  covenant and the breach be assign general for nonperformance of the covenant  in the lease and a prove a breach of covenant for not keep of a barn well  thatch thereupon a have a verdict and b be turn out of possession and then a  die the bill be exhibit against a s administrator to be relieve against the  verdict and to have a new lease grant for so much of the term of the first  lease which be not expire Lord Chan say he can not apprehend what damage the  administrator can sustain if the lessee suffer the building to be out of  repair so as he keep the main timber from be rot and leave all in good repair  before the end of the term therefore it be refer to a master to see what  damage be do if any by nonperformance of covenant and at what time hill Geo  hack and Leonard Mod ms Rep hill Geo S c accord
a encourage the courtship of his son with b s daughter who promise by letter  to give her if a will settle pound per Ann on the son which a refuse the son  and daughter marry private and after this letter be write then a consent and b  refuse on a bill for performance of this agreement it be object that these  promise be within the statute of fraud and that the letter be after the  marriage shall not bind but decree contra by Harcourt Lord keep on the  circumstance of the father be privity and consent to the match and of the  marriage by afterward approve of it that it be out of the statute if no letter  for the agreement be admit by the answer but this case do not depend on parole  evidence or admission for the letter after marriage consider the transaction  before be sufficient the offer to settle pound per Ann shall be in tail with a  power to the husband to charge it with pound for young child be the mother  portion and decree accord Hodgson and Hutchenson vin Abr pl
a encumbrance by judgement be a Lien on the land if make prior to the grant of  a annuity shall be prefer before the grant of the annuity because his charge  on the land be posterior per Lord Chan east Ann in the case of Davison and  Goddard pale yellow Eq Rep
a enter into a judgement to b and c which be defeazanced to the use of d and  in the Defeazance a covenant for himself and his heir to pay to d the  beneficiary and trust and her heir afterward a sell part and the other part  descend to the heir he marry and have child b one of the trustee die c the  survive trustee make a the conusor of the judgement executor d the beneficiary  and trust bring a bill against the executor of a the heir at law and the  purchaser for relief not be able to recover at law the conusor be make  executor but no relief Lord Chan king say though it be a mere accident and a  slip by the Conusors be make executor yet equity will not interpose or give  any assistance to affect a purchaser and bid they recover at law as they can  Oct harvey and Woodhouse select case in Chan
a entrust by b to receive interest on tally receive the principal and fail and  afterward compound with his creditor but b will not come in without have a  great composition which a agree to give a bring a bill to be relieve against  this underhand agreement but e have be guilty of a great fraud and breach of  trust and he by the say agreement have promise to make some satisfaction it be  hold that he be not entitle to any relief hill small and Brachley vern
a entry in the steward book and a parole proof by the foreman of the jury  admit as good evidence that a feme covert surrender her whole estate although  the surrender upon the roll and the admission thereon be but of a moiety pasch  hill and wigget vern d OF examine witness exhibit interrogatory publish and  suppress their DEPOSITONS a master examine one witness three time to a matter  of account and the deposition be suppressed Anonymous Chan can
a equity of redemption of a mortgage in fee though not asset at law yet be  asset in equity and if alien or release by the heir he shall be answerable for  the value pasch Sawley and Gower vern
a estate be charge with several encumbrance come semble one encumbrancer may  sue without make the rest party at least it be cure by a decree direct a  account to be take of all the mortgage and encumbrance that affect the estate  July Odell and Graydon ibidem pl
a estate be considerable mortgage be devise to a and several specific legacy  be leave to other the overplus be not sufficient to discharge the debt quaere  whether the specific legacy shall contribute towards discharge the mortgage  before the mortgage premise shall be affect for the covenant to pay the money  make if a personal estate and the real estate shall never be put in average  with the personal Warner and hay vin Abr pl ibidem in SC say that all the  specific legacy shall contribute ibidem
a estate be considerable mortgage be devise to a and several specific legacy  be leave to other the surplus be not sufficient to discharge the debt all the  specific legatee shall contribute towards the discharge the mortgage before  the mortgage premise shall be affect for the covenant to pay the money make it  a personal debt and the real estate shall never be put in average with the  personal Warner and hay vin Abr pl SC bro p c
a estate be convey to a and his heir to the use of he and his heir in trust to  permit b and c to receive the rend and profit during their life and the life  of the survivor of they with power to b to charge it with pound and subject  thereto a to stand seize to the use of the survivor of they b die in c die in  and devise his estate to d and his heir who before have marry m d mortgage the  estate which be now to be sell the question be whether m d s wife have any  Title of dower to this trust estate which may hereafter affect the purchaser  she have insist upon it in her answer and Talbot c decree that m can not be  entitle to dower of this trust estate mich Geo attorney general and scot case  in Eq tempt Talbot b what shall be a bar OF dower and in what case a dowress  shall have relief in equity et econt vide the case of chaplin and chaplin can  Eq call Abr p bill by a woman who recover in dower for Mesne profit dismiss  and she be in possession may have a remedy at law if she have any right to the  Mesne profit bunb
a estate be devise to the old son provide he or his heir pay pound apiece to  his three sister at their age of twentyone or marriage one of the daughter die  before twentyone unmarried after I S buy the estate and think it subject to  the dead daughter be portion a bill be bring for it in this court give bind to  her executrix to pay it but be afterward advice that the land will not be  liable he bring his bill to be relieve against it and it be hold by my Lord  keeper that though by the law now use in this court the land will not be  liable to the portion yet perhaps when the bind be give it may have be  otherwise take and there be no fraud in get the bind he will not relieve  against it mich smith and Avery upon a marriagesettlement a term be create for  raise portion for daughter at eighteen or marriage there be a son and a  daughter of the marriage the son die and the inheritance descend to the  daughter who attain her age of eighteen year and then fall sick and in her  sickness make her will and thereby give some small legacy and then give all  whatsoever she have power to dispose of to her mother and make her executrix  and die not have attain her age of twentyone year and the question be whether  by the descent of the inheri equity case abridge er p
a estate have descend to a infant subject to encumbrance and the question be  whether a guardian may without the direction of a court of equity apply the  profit to discharge the encumbrance or the interest of they or whether they  shall not be account personal estate and so the administrator of the infant be  entitle to they if the infant die in his minority equity case abridge it be  hold by the court that a guardian without any direction may pay the interest  of any real encumbrance and the principal of a mortgage because that be a  direct and immediate charge on the land but not any other real encumbrance  hill palmer and Danby SC but not S p Eq can Abr
a estate in jointure be subject to a mortgage resolve that the jointress and  the reversioner must redeem in proportion videlicet the jointress one three  and the reversioner two three hill flood and flood in canc Freem this have be  the proportion usual in this court to charge the estate for life with a three  but it seem hard because now a estate for life be worth nine or ten year  purchase though former it be worth but seven ibidem and so it be if a estate  subject to a mortgage be devise to a for life remainder to b in fee there they  may redeem in proportion videlicet a one three and b two three ibidem
a estate pur auter vie be distributable in equity though not in the spiritual  court for though the spiritual court can intermeddle with a freehold to  distribute it c yet it do not follow but that this court may enforce such  distribution per king c and who decree accord hill Vac in the case of Witter  and Witter will Rep Vid the case of the duke of Devon and Atkins p can p can c  it be the opinion of that great man Lord Chan Cowper that a estate pur auter  vie when limit to executor be personal estate and as such distributable within  the statute of distribution say arg by Talbot solicitorgeneral will Rep vide  salk Carth Oldham and Pickering contra however though in the spiritual court a  estate pur auter vie be not distributable on account of its equity case  abridge er p be a freehold yet it seem as if in equity it shall be  distributable and that the administrator shall be take to be a trustee for  general legacy if any and if no will then for the next of kin and as the  Administration may be grant to one only a principal creditor he ought not to  go away with the residue of the estate pur auter vie as administrator ibidem  in a note by the editor but see more particular the statute of Geo whereby a  estate pur auter vie be undevised or in part apply to the payment of debt  accord to the statute of fraud shall be distribute in the same manner as  personal estate a weak man give a bind if it be attend with no fraud or breach  of trust equity will not set it aside only for the weakness of the obligor if  he be compos chin for equity will not measure people understanding or capacity  No such thing as a equitable non compos if compos at law per cur mich will Rep  vide title bind or obligation Eq can Abr p can and the note there heir when of  age be under the care of a court of equity and then want it most the law take  care of they till that time ibidem vide same p and note as last above
a estate pur auter vie when limit to executor be a personal estate and as such  distributable c within the statute of distribution cite per Talbot solicitor  general mich in the case of the duke of Devon and Atkins d to have be so  decree by Lord Cowper will Rep c vide salk and Carth Oldham and Pickering in b  r say such a estate be not distributable by the stat car cap however though in  the spiritual court a estate pur auter vie be not distributable on account of  its be a freehold yet it seem as in a court of equity it shall be  distributable and that the administrator shall be take to be a trustee for  general legacy if any and if no will then for the next of kin and as the  Administration may be grant to one only as principal creditor he ought not to  go away with the residue of the estate pur auter vie as administrator will Rep  by way of note a estate pur auter vie be distributable in equity though not in  the spiritual court it be a freehold decree by Lord Chan king hill Vac in  grammatical case Witter and Witter will Rep vide the stat g whereby a estate  pur auter vie be undevised or in part apply to the payment of debt accord to  the statute of fraud shall be distribute in the same manner as personal estate  salk SC Lord raym SC comb Rep SC and Mod SC d in this case king c say that a  estate pur auter vie be personal estate ibidem
a execute a bind of pound to one of his daughter without any condition and  Payable immediate but always keep it by he and it be find among his paper  after his death it appear to be the father be intention that no use shall be  make of it but only to protect he from pay tax for his money as the daughter  have own she take the intent to be the father by will give portion to all his  daughter and die and Lord keep wright think that if the daughter have get the  bind from her father and have put it in suit against he in his lifetime equity  will have relieve he against it and that it be a voluntary bind and only enter  into to screen he from tax it be a trust for himself and decree it to be set  aside this daughter be equal to the rest without this bind and the testator  have always declare that he intend his daughter equal and equality be the high  equity hill ware and Lant Prec in Chan note No fraud or circumvention appear  to have be use in obtain this bind but the court decree sole upon the  circumstance of the case ms Rep in S c
a executor be a person entrust by the law with the testator personal estate  and therefore if there do not appear to be some insolvency in the executor or  some gross design to waste the testator effect or to go into another kingdom  equity will not take the security out of his hand per Lord chancellor in  grammatical case Clare and Almuty Trin Ann ms Rep but the executrix in this  case have marry and so put herself under the power of her husband his lordship  say he will hear any affidavit against he and accord a affidavit be produce to  this effect that the husband be the young son of a man of a small estate in  Ireland and no visible substance and that they fear he may waste the testator  effect and go over into Ireland but his lordship hold that this be not  sufficient note the master of the roll have order upon a interlocutory decree  that the testator security shall be lodge in a master hand now upon a appeal  his lordship reverse that part of the decree another ms Rep S c
a executor be a trustee for the legatee with respect to the legacy and this be  the only reason why the legatee may bring his bill inEquity against the  executor for his legacy suppose it to be a trust per Parker c in grammatical  case wind and Jekyl and Albone mich ibidem it be a fundamental rule in equity  that a executor be but a trustee per powis I sit for Lord chancellor Trin will  Rep b concern the probate OF will vide title will Eq can Abr p f
a executor bring a very frivolous bill which be dismiss with cost out of asset  the executor be order to be examine on interrogatory if he deny asset and so  it be do in another Cause the next day mich Geo coal and Rumney select case in  Chan bill by a administrator defendant demurrer and the demurrer be allow and  the bill dismiss with cost and so say to be the constant course in equity per  tot curian east Frazer administrator and more in scacc bunb Rep
a executor have put the next of kin to prove their relationship be order to  pay the cost of so do vide Lowson v Copeland bro Chan can equity case abridge  er p
a executor in trust who have no legacy and where the execution of the trust be  likely to be attend with trouble at first refuse but afterward agree with the  residuary legatee in consideration of one hundred guinea to act in the  executorship and he die before the execution of the trust be complete his  executor bring a bill to be allow these one hundred guinea out of the trust  money in their hand insist that the residuary legatee may as well make a  contract with the executor touch the surplus which be their own property as  the testator himself and that no harm can happen thereby to the trust estate  but the court say all bargain of this kind ought I be discourage as tend to  eat up the trust and here the executor have die before he have finish the  affair of the trust wherefore the plaintiff demand be disallow mich gold and  Fleetwood at the roll and it seem to be owe to this jealousy which a court of  equity entertain of a executor or trustee that if they compound debt or  mortgage and buy they in for less than be due thereon they shall not take the  benefit of it themselves but other creditor and legatee shall have the  advantage of it and for want of they the benefit shall go to the party who be  entitle to the surplus whereas if one who act for himself and be not in the  circumstance of a executor or trustee buy in a mortgage for less than be due  or for less than it be worth he shall be allow all that be due thereon see  salk mich Ann anon thus in the case of Baldwin and banister hear at the roll  east the case be a mortgagor in fee die and the mortgagee buy in the  mortgagors wife be right of dower decree that the heir of the mortgagor on his  bring a bill to redeem shall have the benefit thereof on this principle that  the mortgagee be but a trustee for the mortgagor after his money pay so in the  case of Powell and glover mich at the roll where a guardian compound debt  decree it shall be for the benefit of the infant will Rep by way of note
a executor lose a bind due to the testator which it be urge in behalf of a  BondCreditor he shall stand charge with and make good the debt to the testator  estate and for the executor it be insist that a bind be not asset at law but a  creditor must expect until the money due upon it be recover nor be the loss of  a bind a devastavit at law and it will be hard to make the executor answer it  out of his own estate in case the obligor be insolvent as in this case he be  especial in equity and the rather for that the lose of the bind do not lose  the debt but may be recover in equity and the executor have already bring a  bill against the obligor for that purpose and the court incline to charge the  defendant with the debt but for the present only direct that the executor  shall prosecute the suit bring by he against the obligor with effect in order  to recover the money due on the bind that be lose and respite the judgement  obtain by the BondCreditor in the mean time goodfellow v Burchett vern
a executor pay bind debt before money on a decree against his testator per cur  clear he shall not be allow those payment in his account because the decree  here be equal to a judgement at law mich bishop and Godfrey et all executor of  swift in Chan Prec in Chan creditor by judgement at law and creditor by decree  in equity come in and be pay equal by a executor without any preference bunb
a executor receive money due on a mortgage and pay it away to his testator  creditor after which it appear that the mortgage have be satisfy in the  testator lifetime the executor on a bill bring by the creditor of the  mortgagor be decree to refund though he have before pay the money away in debt  which he have not otherwise asset to pay but the executor may sue such  creditor of the testator as through mistake he pay to make they refund decree  per his honour Trin and affirm by Lord Chan Cowper in the case of pooley et  all and ray will Rep his lordship declare that though this be a hard case yet  if the plaintiff have a right to be repay the money which have be over pay on  the mortgage this right can not be overthrow by the executor apply the money  in any equity case abridge manner he shall think fit any more than if a  executor at law shall recover a debt and pay the testator debt with it and  afterward this judgement be reverse in error the executor must restore the  money to the plaintiff in error and his have pay it away in debt of his  testator will not excuse he from pay it back so if there be a decree for the  executor to be pay a sum of money by the defendant and the executor have  receive the money pay it away in debt and then the defendant against who the  executor have recover the decree bring his appeal and reverse the decree the  plaintiff in the appeal shall be restore to the money by if the defendant have  delay the appeal and Willing stand by while the executor pay away equity case  abridge er p this money to the testator creditor for this will be draw the  executor into a snare per Lord chancellor who say that nothing of this kind  appear in the present case wherefore his lordship affirm the decree
a executory devise of a estate of inheritance to a grandson unborn when he  shall attain the age of twentyone year be good and there be no danger of a  perpetuity mich Stephens and Stephens case in Eq tempt Talbot
a executory devise of a estate of inheritance to a person unborn when he shall  attain be good and there be no danger of a perpetuity mich Stephens and  Stephens can in Eq tempt Talbot
a exhibit a bill to be relieve touch a annuity charge on the estate of the  defendant wife and examine his brother as a witness for he who have a like  annuity charge on the estate by the same deed and though it be urge that he  have satisfaction make to he in lieu of it and have release his right yet it  not appear by any proof in the Cause the court put off the hear and give the  plaintiff liberty to examine witness to prove that the brother have release  the annuity before he be examine as a witness in the Cause Trin Culpeper and  Fairfax vern a witness be examine while she be interest before the hear and  the Cause be hear and decree to a account she be reexamined after the hear  before the Masteron the account have first release her interest and it be  object that she ought not to be read for have be examine while interest equity  case abridge er p
a exhibit a bill to have a specific performance of a covenant whereby the  plaintiff be to have a pit in the defendant ground for dig of black stone and  that when the old one fail he may sink a new one and that there shall be no  other pit for dig black stone but it appear that the defendant and those under  who he claim have be in possession of a pit there above sixty year the bill be  dismiss hill Scolefield and Whitehead vern SC ante Eq can Abr
a factor buy cheese for his principal and then break and a action be bring  against the principal and a recovery at law the plaintiff here endeavour in  the court of law to have get a new trial but be deny it then he bring his bill  and suggest for equity that before the cheese buy he have countermand the  authority of the factor and that the defendant have notice of it and that  since the trial the plaintiff find that the principal witness on who testimony  the recovery be bad be a partner with the insolvent factor but that be not  prove another suggestion be that there can not be a indifferent trial in  Suffolk for that almost all the freeholder there be concern in interest and  have declare they will never find against their countryman but the court  refuse to grant a new trial pasch tovey and young vern SC Prec in Chan equity  case abridge er p equity case abridge cap LIII trust and trustee a when a  trust shall be say to be raise b of result trust or trust by implication c  what shall be a trust and not a use execute by the statute d what Act of the  trustee shall defeat the trust or be a breach of the trust in he e what act of  the trustee joint with beneficiary and trust or by beneficiary and trust only  shall defeat the trust or destroy contingent remainder f when a trust be to be  execute what estate or interest be to be convey and to who g trustee how to  account and what allowance to have h how far trustee be answerable for each  other a when a trust shall be say TO be raise
a farmer devise his stock which consist of corn hay cattle c to his wife for  life and after her death to the plaintiff it be object that no remainder can  be limit over of such chattel as these because the use of they be to spend and  consume they but the master of the roll say the devise over be good but say if  any of the cattle be wear out in use the defendant be not to be answerable for  they and if any be sell as useless the defendant be only to answer the value  of they at the time of the sale and a account be decree to be take accord mich  hail and Burrodale the distinction which have be take between the devise of a  personal thing to one for life remainder to another and the use thereof to one  for life with a remainder over seem now explode in conformity to the civil law  and likewise as the testator intention appear the same in both case h Brok  Title devise   Owen vern
a father by his will give pound apiece to his two daughter Payable at  twentyone and charge on land and personal estate and the personal estate be  exhaust in debt my Lord chancellor hold they shall have a reasonable  maintenance out of the real estate until their legacy become Payable and allow  they pound per annum each Trin Conway and longville g ademption OF a legacy
a father by will give a great personal estate equal between m his wife and his  two infant child and make m one of his executor and die a bill be bring in the  name of the infant child by a relation as prochein any against m to have a  account and discovery of the testator personal estate whereupon several  relation of the infant by the father be and mother side near than the prochein  any make a affidavit that due care be take of the want and of their estate  with which they be well satisfy and that they believe this equity case abridge  suit be exhibit rather out of pique than any real concern for the infant  benefit there be a suit institute in the spiritual court by the prochein amiss  son against m upon a marriage contract allege to have be make by her with he  his honour upon petition refer it to a master who report it to be so the  defendant file a new bill in the infant name by another prochein any for a  account of the infant estate in order that it may be improve and now Lord Chan  king decree that the former bill shall be dismiss and the prochein any name  therein pay the cost a east dam Costa and dam Costa will Rep a as to this  matter see the case of turner and turner will Rep
a father devise land in trust to permit his daughter S to receive the rend  until her marriage or death and in case she marry with the consent of trustee  then to convey the premise to her and her heir but if she die before marriage  or marry without such consent then to convey to other person the daughter  afterward marry with the consent of her father who settle part of the land on  her and her husband and die this settlement shall be no revocation of the will  as to the devise of the other land to her and by the father be consent in his  lifetime the condition be dispense with mich clerk and Berkeley vern
a father give legacy to his child and make his wife executrix she not have pay  the legacy give they legacy likewise one of which be the same sum and the  other a great decree they shall not have both and the latter be a satisfaction  of the former and where there be a devise of the land with which one of the  first legacy be Chargeable it be decree that this be a devise of the money  which be Payable out of the land Barkham and Dorwine vin Abr title devise t c  can
a father upon his son marriage settle land which he covenant to be pound per  annum and reserve power to himself to charge for his young child he charge the  estate with only and die the son object to the payment of the pound because  the value of the land be defective be only pound a year which ought to be make  pound a year before the charge shall take effect but decree that the money be  well charge the father have only charge a moiety of the pound and in case  there be a deficiency he ought to sue for satisfaction out of his father be  estate for the breach of covenant Jan in another ms it be Jan ibidem Ormsbey  and dodwell vin Abr pl SC bro p c
a female sole be tenant in possession agree with the heir at law who pretend a  Title that in case he do not disturb her she will leave he the land after her  death if she die without issue of her body or pound in money the feme marry  and devise to her husband and though it be urge that this be all the portion  the husband have with her and that he be therefore quasi a purchaser and that  she be tenant in tail may have dock the remainder notwithstanding ld Chan  decree a performance of the agreement Pasc Guilmore and Battison vern
a feme before her marriage with I S do with his consent convey her estate  equity case abridge er p to trustee to such use and for such purpose as she  shall by deed or will or by any write in the nature of a will appoint Lord  Chan Macclesfield doubt if a will attest by two witness only will be a good  appointment because when a power be give to appoint the use of land by deed or  will the will must be intend such a one as be proper for the disposition of  land and consequent shall be subscribe by three witness in the presence of the  testatrix accord to the statute of fraud vide Wagstaff and Wagstaff will re p  for this be within all the inconvenience that this statute intend to prevent  and the other word in the nature of a will mean the same as a will which must  therefore be subscribe by witness in the presence of the testatrix mich  Longford and Eyre will Rep if a have a power to charge land by write under his  hand attest by three witness with for child portion and he in fear of sudden  death and be absent from home and so not be able to have a sight of a deed  where this power be contain by a paper attest by two witness charge it with  pound it be good as to the east Geo cite Parker and Parker vide pale yellow  Rep in Eq
a feme covert after separation from her husband have a decree for alimony  which decree be confirm on a bill of review but the husband be Willing to be  reconcile to his wife and to cohabit with her exhibit a original bill to set  aside the decree and it be hold by finch ld king assist by north c I to be a  proper bill hill car Whorewood and Whorewood Chan can where it be say to have  be resolve that where a decree be temporary or for special end a original bill  lie to show that the purpose of the decree be satisfy and to put a period to  it vide Laurence v Bernee Chan Rep
a feme covert answer separate but there be no order for that purpose it be  refer to the master to state whether her answer be regular put in or not and  he report that she do advice about put in of her answer and be full apprise  thereof and do it with great deliberation and that it be put in separate in  her favour and at her desire and with the consent of her husband and the  plaintiff have reply thereto he conceive it to be regular and upon exception  to this report king c and the master of the roll for the reason above resolve  that the answer be regular put in and hold that neither a feme covert or any  on her behalf can assign that which be do in her favour as a irregularity Trin  duke of chandos and Talbot ux will Rep Sel can in Chan SC but only say that a  separate answer put in by the wife alone without order of the court for that  purpose be irregular
a feme covert entitle to a sum of money die in the lifetime of her husband  leave child the question be whether the husband shall recover the money  without make a settlement on the child per Lord Northington the compel  Settlements at first arise upon the husband come here for assistance it be  personal to the woman if carry further it will be attend with bad consequence  to creditor there be no case wherein this court refuse assistance to the  husband after the death of the wife without oblige he to make provision for  child Scriven v tapley Ambl h suit and proceed by and against husband and wife  how TO be
a feme covert have power give by her husband to make a will probate of such  will per testes be sufficient proof without other proof because as to that  purpose the husband have make her a feme sole and no prohibition will lie mich  Balch and Wilson Prec in Chan though in strictness a feme covert can make a  will vide salk Shardelow v Naylor yet be empower to make a write in nature of  a will the write will operate as a will per king c Trin will Rep rich v  Beaumond equity case abridge er where a power be give to a woman to dispose by  will and she afterward marry it be decree that the marriage be a suspension of  her power but if she survive her husband the power revive but quaere ind for  the lord send to have equity case abridge er p the opinion of the judge upon  it February rich and Beaumond vin Abr pl
a feme covert may sue her husband by prochein any a this agree to be the  course of the court hill in grammatical case Kirk and clark p rec in Chan  equity case abridge er p a upon a suggestion of ill practice between the  husband and the wife be prochein any a now one be appoint upon his give a  recognizance to pay full cost if award in scacc mich Halpin and Halpin ms note  lady Lawley alias Halpin and Halpin in scacc bunb Rep SC state it thus a feme  covert bring a bill against her husband by her prochein any but have some  suspicion that he and prochein any be in a confederacy she move to change her  prochein any after there have be a considerable progress in the Cause grant  per cur the new prochein any enter into a recognizance to answer the cost but  none can bring a bill in the name of a feme covert as her prochein any without  her consent as may be do in the case of a infant and if such bill be bring  upon her affidavit of the matter it will be dismiss mich vide Vol e can Abr p  can a bill be bring by the father of the wife as her prochein any against her  husband without her consent and per Harcourt c as the wife disown the suit it  be not reasonable a three person shall bring a bill in her name without her  consent and when she personal appear in court and disavow the suit this tend  to the sow division between husband and wife and breed dispute and quarrel in  family bill dismiss east Ann anon ms Rep
a feme covert trade by her husband be consent and give bill for money and he  receive the profit of her Trade if she die and leaves a stock to her husband  he shall be answerable for debt contract in the Trade and in this case the  suit be against the husband after the wife be death for a bill of pound which  she have borrow a issue be direct to try whether the money be borrow for carry  on the Trade for if it be the husband shall be decree to pay it per the master  of the roll easter bowyer and peak Freem Rep and per his honour a feme covert  be not under a total disability to contract but if the husband be assent it be  Obligatory and cite the case in h that if a woman seal a bind in the presence  of the husband and he stand by and do not gainsay it shall bind which his  honour say he believe may be take out of the book of number where it be say if  the husband be present and do not gainsay it shall bind ibidem e for what debt  OF the wife contract before marriage the baron be Chargeable
a feme have a fortune of pound to be raise by pound per annum out of a term of  twentyone year to commence in going to be b marry her and die before the term  commence the question be if this choose en action when the term commence shall  be the husband be asset and so liable to his debt Lord chancellor if the  husband make a settlement upon his wife it S but reasonable this choose en  action shall be liable to his debt but if he have not the wife survive will  have it the master to inquire if any and what provision the husband make east  Ann Morgells case ms Rep
a feme purchase a church lease to her and her heir for three life and die  leave a infant daughter two of the life die the guardian renew the lease and  then the infant die this new lease be a new acquisition and vest in the  daughter as a purchaser and shall go to the heir of the part of the father  this renewal by the archbishop be gracious and spontaneous and not like a  copyhold for there the Lord be only a trustee for the heir and be bind to  admit he though the Lord be the original grantor yet it be only in virtue of  the trust repose in he by the law for that purpose and decree accord per his  honour and Lord Harcourt be of the same opinion hill Ann mason and day pale  yellow Eq Rep Prec in Chan mich S c
a feme seize of a copyhold estate on the marriage of her daughter to I S  surrender it to the use of I S and his intend wife and the heir of their body  remainder to I S in fee the marriage take effect the husband sign a write  whereby he own that the limitation of the remainder in fee to himself be a  mistake and that it be intend to be settle as follow and accord he covenant  that he will stand seize of the premise in trust for himself and his wife for  their life remainder in trust to the heir of their two body remainder in trust  for the wife and her heir and also covenant to convey the premise to these use  this be not a mere voluntary agreement and equity will compel a performance of  it and decree accord by king c on time take to consider of it Trin Randal and  Randal will Rep
a feme sole be a mortgagee in fee for pound and marry if the husband have in  equity sue for the money or pray that the mortgagor may be foreclose equity  Probable will not have compel the mortgagor to pay the money to the husband  without his make some provision for his wife vide jacobson and William Vol Eq  can Abr p can or at least the wife by a application to the court against the  husband and the mortgagor may have prevent the payment of the money to the  husband unless some provision be make for her per the master of the roll in  the case of Bosvil and Brander Trin will Rep a a father give a bind to b his  daughter for payment of money be her portion at or marriage he deposit this  bind in c s hand b afterward marry d without a s consent c deliver the bind to  d who put it in suit a prefer his bill for a injunction set forth that he be  Willing to pay the money but insist that the court secure it for b and her  child injunction grant upon bring the money into court mich winch and page in  scacc bunb Rep but the reporter say that this be go a great length and as he  believe beyond what have be do in canc for the obligee be defendant here if  the husband have come to have have the wife be portion the court will have put  term upon he for he that come for equity must do equity but the person who be  to have the money be defendant here and ask nothing of the court notam it do  not appear in this case whether b be under age but Q what alteration that will  make in this case ibidem the court of chancery will grant a injunction to stay  the husband be proceed in the spiritual court for a legacy give to his wife  because that court can oblige he to make a adequate settlement on her cite as  grant the last seal per Lord Macclesfield mich Prec in Chan
a feme sole be seize in fee of land of about pound per Ann give bind penalty  pound to her intend husband that in case of their marriage she will convey  these land to he and his heir they marry and the wife die without issue and  then the husband die equity case abridge the bind though void in law yet be  good evidence of the agreement in equity and the husband be heir shall compel  a specific performance against the heir of the wife Macclesfield c mich cannel  and buckler will Rep his lordship hold it unreasonable that the intermarriage  upon which alone the bind be to take effect shall itself be a destruction as  be object of the bind and that the foundation of this notion be that in law  the husband and wife be one person he can at law sue his wife on this  agreement whereas in equity it be constant experience that the husband may sue  the wife and the wife the husband and he may sue her in this case upon this  very agreement ibidem vide this case state more full title article agreement  and covenant p can and the note there I what right shall survive TO the baron  or feme c by dissolution OF the marriage and in what case the survivor c shall  be charge or benefit if a man marry a feme who be the beneficiary and trust of  a term and she die this trust will not survive to the husband but shall go to  the executor or administrator of the wife and this be say to be withams Inst  case and that this be the difference where the wife have a estate in law in a  term and where she have only a trust say per winnington and not deny mich in  grammatical case hunt and baker Freem Rep
a feme sole buy good but do not pay for they she afterward marry and die the  good come to the husband be hand the creditor who sell the good bring a bill  against the husband for a discovery to which the husband demurrer and the  demurrer be overrule by ld Chan who with some earnestness say he will change  the law in that point car Greeman and Goodham l Chan can sub nom freeman v  Goodham vide will Rep in this case the good never come to the husband be hand  till after the death of the wife make it a very hard case upon the creditor  and probable occasion the say of Lord Nottingham but even here he only  overrule the demurrer put in to a bill for a discovery of the good and it do  not afterward appear what afterward become of the Cause per Talbot c in the  case of hear and Stanford hill can in Eq tempt Talbot
a feme sole have assign her term in trust for herself before marriage the  husband alone mortgage the term and it be decree that such mortgage be not  good and it be likewise admit by the court to be the constant practice since  queen Elizabeth time to set equity case abridge aside and frustrate all  encumbrance and act by the husband with respect to the wife be term in trust  for her and that he can neither charge nor grant it per finch ld king car  doily and Perfull Chan can Freem SC but the law be now change in this  particular
a feme sole possess of a term for year mortgage it to t for pound and  afterward a day or two before her marriage with d with his privity as appear  by his be a witness to the deed assign her interest to trustee in trust for  herself for life and afterward for her son by a former husband and then she  marry d d pay off the mortgage and take a assignment from the mortgagee and  then surrender the lease to the reversioner and take a new lease for the same  term and then die the court hold that though the estate equity case abridge in  law be whole in the mortgagee and the feme convey nothing but a equity in  trust yet when the mortgagee assign over to the husband he have it under the  same equity as the mortgagee have and be just in his place and no Act of the  husband can bar the trustee for the feme and her child of their equity decree  that this new lease shall be assign over to equity case abridge er p the feme  or her trustee pay to the husband be executor the mortgage money hill draper  case Freem in this case it be clear hold per cur and admit by both party that  if a feme with the privity of her husband and before marriage convey a term  for year in trust for herself that be clear out of the husband be power and he  can neither dispose of nor release the interest of the wife and if the feme  shall join in the grant it will not amend the case but the court seem to  incline that if a feme do secret without the knowledge of her husband and  before marriage convey a term for year in trust for herself that this shall be  in the power of the husband so as he may either grant or release the interest  of the wife ibidem
a feme sole seize of land in fee subject to a mortgage marry a who about ten  year after pay off the mortgage and have it assign over to b in trust for  himself and lie out a considerable sum in improvement upon the estate and have  issue two daughter by his wife make his will and devise these land to his  young daughter and die the wife survive and hold the land for her life and  after her death the old daughter and her husband bring a bill against her  sister and coheir to redeem a moiety of these land the great question be upon  what term and in what manner plaintiff shall redeem for if the account be to  be take as between mortgagor and mortgagee in possession then the devisee must  account for the profit receive by the devisor and be allow for repair and last  improvement but if in this case the devisor shall be judge in possession by  right of his wife and not by virtue of the mortgage then the devisee be not to  account for the profit nor have a allowance for repair and improvement but  only to have interest allow from the father be death for then it will be the  common case of tenant for life of land in mortgage who be oblige to keep down  the grow interest during the continuance of his estate and shall not have any  allowance for the improvement Cowper c decree that there shall be no allowance  for improvement by the husband before he take a assignment of the mortgage but  from that time the devisee shall have a allowance of the two three of the last  improvement but nothing for the other three because he receive the benefit of  the improvement during his life accord to the usual proportion between a  estate for life and the reversion in fee and that no interest shall be allow  during the devisor life for tenant for life be bind to keep down the interest  during his estate per cur newling and abbot east Geo vin Abr can letter a
a feme who have pound give her by her brother the defendant upon her marriage  give a bind private to her brother to repay that sum the husband be dead  without issue the defendant sue the plaintiff upon the bind at law whereupon  she exhibit her bill to be relieve against it be a fraud by reason it be do  without the privity of her husband Lord chancellor order that the bind shall  be deliver up for be once a fraud no accident of death or course of time shall  alter the case and the plaintiff be relieve notwithstanding it be her own  agreement be do in fraud of her husband mich anon SC Freem Rep gay and Wendow  mich SC say it be urge for the defendant that it be good reason for the  husband or any of his issue to be relieve in case they have be concern but  that be no reason that the woman herself who give the bind shall be relieve  but decree as above ibidem
a fine and nonclaim be a good bar to a bill of review per Lord commissioner  Hutchins mich lingard and griffin vern Q c what charge and encumbrance be make  good by fine and recovery if tenant in tail confess a judgement or mortgage  the land and afterward suffer a recovery to a collateral purpose that recovery  shall enure to make good all his precedent act and encumbrance Goddard v  complin Chan can but if a fine be levy for a particular purpose pursuant to a  decree equity will not permit any other use to be make of that fine Goodrick v  brown Chan can Baden v Pembroke S p vern arg
a fine and nonclaim ought not to screen a fraudulent purchase but the Conuzee  shall be deem a trustee for the equitable Title so decree but the case be  compound in the house of lord mark Martin and Martin vin Abr pl cite it as a  ms Rep say to be Lord harcourt title fraud c where the party shall have  election in what part OF the estate a fine and recovery shall operate
a for pound grant to the defendant b a rentcharge of pound per Ann out of land  in Ireland of pound per Ann to hold to b and his heir to commence from the  first Michaelmas or ladyday after the death of a without issue male with a  proviso if the say a have any issue male who shall attain the age of twentyone  year the grant shall be void a die without issue and on a bill to be relieve  against this rentcharge the court decree a reconveyance or lease thereof on  payment of pound and interest it appear in the Cause by proof that a be young  and necessitous and have live a idle dissolute life and that the debauchery in  which b be often a companion with he will soon end his day that he make this  bargain equity case abridge without the advice of any friend or counsel of his  own and that he be utter incapable of get child as appear by the oath of his  surgeon Pasc the earl of Ardglasse and Muschamp vern
a former bill depend be plead in bar of a second but though both bill be of  the same nature and effect yet as the latter have some new matter order that  be the plea be good the plaintiff shall pay the usual cost of a plea allow but  the defendant to answer the second bill and the former bill dismiss with  twenty shilling cost Crofts and Wortley mich car Chan can
a freeman by will charge pound on his real estate for his daughter and also  give her pound out of his personal estate she will take the pound out of the  real estate as that be not within the custom and also claim her orphanage part  but in regard the testator have dispose of all his real and personal estate  among his child and intend a equal division the court will not suffer the  child to disappoint her father be will but compel her to abide entire by the  will or by the custom hill Cowper and scot all will Rep if there be a widow  and two daughter and one daughter die the orphanage part which belong to such  daughter shall whole survive to the other daughter even after division and  partition between they but if the father be legatory part be devise to the  daughter that be under the direction of the statute as a legacy and must be  distribute between the mother and survive daughter accord note this difference  be take and agree to by the court Trin in the case of Loeffes and lewen Prec  in Chan
a freeman devise to job wife several share in the new river water with  remainder over c and give her several legacy the will be seal up in a sheet of  paper and enclose in the same paper be a bind find execute by testator some  time before the date of the will condition to pay defendant his nephew pound  or to transfer to he pound stock in the million bank but this bind appear to  be voluntary and not give upon a valuable consideration the freeman widow  bring a bill for her customary share of her late husband be estate and Trevor  master of the roll say she must disclaim all benefit and advantage by the will  if she will have a decree for her customary share contrary to the will and  this be the constant course of this court and the bind be in nature of a  voluntary gift be fraudulent quoad the wife be customary share and shall not  stand in her way and such sort equity case abridge of conveyance to evade the  custom be always set aside in this court Trin Geo Edmundson and Cox vin Abr
a freeman have no wife and only one daughter devise all his personal state to  his daughter who be marry for her own separate use and which be enjoy accord  the husband die his representative be not entitle to such part as be the  daughter be customary share but the whole belong to the wife Trin Geo  Merriweather and Hester vin Abr pl
a freeman leave at his death a wife and several child one of the child die  seven year old it be agree that this share shall survive and that it be  subject to the statute of distribution but Q whether it survive to the mother  as well as brother and sister the orphanage part be not due till so that be  orphan can dispose of it soon mich Geo per master of the roll knipe and wale  vin Abr pl
a freeman of London by deed in nature of a will the word of which be I give  and devise but it be seal and deliver give several good to his child but keep  they in his possession and it be hold per cur in favour of the widow that if  good be absolute give away by a freeman in his lifetime this will stand good  against the custom but if he have it in his power as by keep of the deed c or  if he retain the possession of the good or any part of they this will be a  fraud upon the custom mich hall and hall vern salk turner v Jennings vern S p
a freeman of London have advance his daughter with a portion and intend to  exclude her from any further share on some displeasure take against her make  his will and thereby recite that he have advance r with pound and upward give  her five shilling and no more and die and after his death the saidDaughter  bring a bill to have the say pound make up a moiety of his estate he have no  other child and the custom not extend to grandchild and have a decree accord  for the word and upward be that which is fixed in uncertain and not to be  regard though it be object it may be pound or pound or any other sum above  pound decree hill bright and smith Freem SC decree that the daughter shall  come in for her share bring the pound in hotchpot this reporter say in a note  that it be suppose that the word upward be insert purposely to make it  uncertain which make it look like a trick but if he have take notice that he  have advance his daughter and not say what she have be bar ibidem
a freeman of London have child by two venture and be desirous to make a  difference between they in point of fortune by will give two of they a bind of  pound afterward by advice the clause be obliterate and the will republish and  a new bind give in the name of I b in trust for the two daughter Cowper c hold  that this pound must be bring into hotchpot to entitle they to a further share  of their father be personal estate mich hedge and hedge pale yellow Eq Rep  Prec in Chan SC in as many word with pale yellow vin Abr title custom of  London b page SC and say though in this case some of the other child have give  receipt but know nothing of their equitable right Lord Cowper declare that  this be but evidence and that he will notwithstanding let they into their  right though otherwise if there have be a receipt under seal cite it from a ms  Rep vern Hodges and more S c
a freeman of London have issue two son a and b and four daughter d e f and g  the freeman in his lifetime give to a and b pound apiece which they  acknowledge by two several receipt in the word follow videlicet receive of my  father pound which here by acknowledge to be on account and in part of what he  have give or shall by his last will give unto I his son in or by his last will  then the freeman make his will thus videlicet and whereas I have heretofore  pay to give or advance with my child a d and e omit b pound apiece now I do  hereby in like manner give and bequeathe unto my three other child b f and g  the several sum of pound apiece and then give the residue equal among all his  child though custom be waive on all side the question be whether b shall have  another pound upon the latter word of the will or shall be in the same case  with a they be equal advance by the father and this omit b seem only a miss  take in the testator it be insist that the receipt can not control the express  subsequent gift of the father and that the omit b shall be plain intend a  difference between they but Talbot c decree the pound receive by b in his  father be lifetime to be a satisfaction for what the father give he by the  will and that he shall not have another pound upon the latter word of the will  east Geo Upton and prince case in Eq tempt Talbot
a freeman of London have no child make his will and thereby devise a  ChattelLease to one and all his book to another and as to all the rest of his  estate consist in money good mortgage and credit he give the yearly profit and  benefit thereof to the plaintiff his wife for life by quarterly payment equity  case abridge and direct his executor out of the estate to pay the plaintiff  funeral charge after her death and devise to her the use of his plate c during  her life and direct that his stock and estate in the hand of one I c shall  remain there during his wife be life and the product pay to her for her  maintenance and devise several particular legacy and after the death of his  wife devise over the surplus and residue to his brother child on a bill bring  by the widow it be decree at the roll that by the custom of London she shall  have her widow Chamber and one entire moiety of the personal estate after debt  pay as well of the lease and book which be specifical devise away as of all  the rest and residue of his estate by the custom of the city of London and  shall have the benefit of the other moiety for life by the will and decree a  account accord which decree be confirm upon a appeal to the lord commissioner  mich web and web vern I W a freeman of London on a treaty of marriage with m p  a widow who have a considerable fortune and several child agree that he shall  have only pound of her fortune and the residue to be settle for her separate  use and after her death for the benefit of her child and accord a indenture be  prepare and execute before marriage whereby she with his assent assign over  her fortune to trustee in trust that she shall receive the profit of it for  her own equity case abridge er p
a freeman of London have one daughter and three grandchild by a son decease by  deed assign over several lease in trust to pay any sum not exceed pound as he  shall appoint and by deed and will he appoint pound to his daughter and the  residue to his grandchild and it be hold that this be in fraud of the custom  and void as to the moiety which the daughter be entitle to decree Trin turner  and Jennings vern
a freeman of London possess of several leasehold house among other personal  estate in devise one three of all his personal estate to m his wife another  three to his child and his own testamentary three to say m for life remainder  to such of his child as shall be live at m s death and have make m executrix  appoint b overseer of the will give he pound for his care in see the will  perform a die m sell all the leasehold house to say b and then she die  whereupon c who be the only child live at the death of m bring her bill to  have the benefit of the term insist that this differ from the case of ewer and  Corbet can this page but it appear by the inventory that the debt can not be  pay without the sale of part of the leasehold house his honour dismiss the  bill Trin Burting and stonard will Rep and his honour say that this case be  not so strong as the case of ewer and Corbet because here nothing specific nor  any particular lease be devise to the child as in ewer and Corbet but only a  three part of his personal estate in general ibidem
a general devise of real estate be precede by a direction to pay debt the  testator leave no real estate but his copyhold and Lord Hardwicke order a  defective surrender of the copyhold to be supply in favour of the creditor  Tudor v anson Ves
a give a bind to b in pound for payment of pound afterward a and c as his  surety give a bind to b of pound for payment of pound and interest as a  further security for so much of the pound then a assign to b a judgement of  pound equity case abridge er p towards satisfaction of the debt and b receive  several sum on this judgement and pound part of the judgement be pay to a by  b s consent and if this shall be reckon as pay to b at least so as to  exonerate c pro tanto be the question and Lord keep hold that it shall not  because that this assignment be but of the judgement as a further security for  the money due on the pound bind and as the obligee have get it so he may  release or discharge it as he think fit and the surety be not hurt by it  otherwise it will be if the money have be once actual pay to b and after lend  again to a so decree a account to be take of what be due on the pound bind and  what on the pound bind for principal interest and cost or so much less as  remain due on the pound bind and the pound bind to be deliver up mich Halford  and Byron Prec in Chan
a give a bind to pay pound to his daughter in case he shall have no son live  at his death and he die his wife be ensient of a son decree that the daughter  shall not have this pound for although there be no son live at a s decease  equity case abridge er p so that it be not recoverable at law yet it can be  presume to be his intention that if a son be bear after his decease the  daughter shall run away with the estate and in this case it appear that the  mother be quick at the death of the father and by the civil law posthumus pro  born to have mich Gibson and Gibson Freem Rep
a give a bind to pay pound to his daughterin case he shall have no son live at  his decease a die his wife be enseint of a son the question be whether the  daughter shall have this pound and per cur she shall not and plaintiff the son  be relieve mich Gibson and Gibson ms Rep Freem SC accord and add that although  there be no son live at a s decease so that it be not recoverable at law yet  that it can not be presume to be a s intention that if a son be bear after his  decease the daughter shall run away with the estate and that in this case it  appear that the mother be quick at a s death and by the civil law posthumus  pro born to have per cur and so decree that the plaintiff shall be relieve  against the bind ibidem
a give a legacy of pound to b the only child of c his sister Payable at or  marriage which shall first happen and die leave say c his heir at law but he  devise the residue of his personal and all his real estate to trustee in trust  the personal estate be first invest in land to settle the whole on d for year  if he shall so long live remainder to trustee during his life to preserve c  remainder to his first c son successive in tail male remainder over in like  manner to e the legacy to b be to be in lieu and satisfaction of all she may  claim out of his real or personal estate and upon condition that she shall  release all her right and Title thereunto unto the testator executor and  trustee in the will name it be insist that b can plain have no right during  her mother lifetime who be the testator heir that she may marry while a infant  and so her legacy equity case abridge er p become due and she not capable of  release or may intermarry with a infant and so neither she nor her husband be  capable of release and yet the legacy due wherefore suppose it to be a  condition it can be no more than a condition subsequent a quod curian to go  away Trin Macclesfield Lord Chan atherley and Wheeler and Vernon will Rep vide  this work S c a this a vest legacy and b shall have interest from testator  death this be but a condition subsequent ibidem
a give a promissory note for pound Payable to b or order b endorses it to c  who endorses it over to d a b and c become bankrupt and d receive S in the  pound on a dividend make by the assignee under a s Commission d shall come in  as a creditor for equity case abridge pound only out of b s effect and if d  pay contribution money for more than pound it shall be return order per Lord  Chan king east ex part Lefebvre or Lefebure will Rep
a give b a legacy on pain of forfeiture of it in case he shall give his wife  any trouble in relation to his estate and make his wife executrix b bring a  bill against the wife for which there be very little colour and among other  particular demand the legacy Lord chancellor king be of opinion that the suit  be very frivolous and though he will not make the legacy forfeit yet declare  if b do not pay the executrix the cost she have be out of purse he will  dismiss the bill nut and Burrell Sel case in Chan
a give lotteryticket among her servant on condition that if any of they come  up a prize of pound or more they shall give one half to her daughter the  ticket give the footboy who be a infant come up pound prize and it be hold  that the daughter be well entitle to a moiety for a gift to a infant on  condition bind he as well as another person Trin scot and Houghton vern pron   interrog  be dare he be to place here and there c what act OF infant be good  void or voidable
a give the defendant b a Spanish merchant pound to take his son apprentice and  enter into a bind of pound for his fidelity and at the same time take a  covenant from his master that he shall at least once a month see his  apprentice make up his cash the defendant bring a action on the bind allege  that the apprentice have run out pound and on a bill to be relieve my Lord  keeper hold the meaning of the covenant be that the defendant shall not only  see to the cast up of the cash that it be right in figure but to see the cash  effectual make up and therefore decree the plaintiff shall be answerable for  no more than the master can prove the apprentice imbeziled in the first month  when the Imbezilment begin mich Montague and Tidcombe vern b how far  answerable for each other TO other
a give to b pound when he shall attain the age of twentyone or be marry which  shall first happen to be pay with interest a die and b die before twentyone or  marriage resolve that the executor of b shall have the legacy for this be  equity case abridge a present duty though the to loosen be in going to be and  it be not a contingent gift as it will have be if the word to be pay with  interest have be omit for now it be all one as if he have say I give b pound  to be pay with interest when he shall attain the age of twentyone year or be  marry which without question have vest in b and his executor shall have have  it if he have die Trin Cloberry and Lampen ms Rep Freem Rep SC in as many word  say that it be rule in this case that the executor be of full age shall have  it present for the designation of the payment of it at the age of twentyone  year be by reason of the incapacity of the legatee before that time to manage  it which reason cease in the executor and when it be to be pay with interest  it be the same thing to the executor for it will be no advantage to he to keep  it in his hand so long as he pay interest for it ibidem Chan case Lampen and  Clobery mich car decree that the legacy belong to b s administrator say Lord  keep north once pronounce a reversal of the decree but be much press that  testator intention will be clear in the proof he suspend it to hear the proof  vern SC cite and say that it be decree that b s administrator shall have the  equity case abridge er p legacy but that he must wait and expect for it till b  shall have be twentyone and that this be confirm on a appeal to the lord  though Lord Nottingham for some time doubt if it shall not be pay present vent  S c
a guardian to a infant have a considerable sum of money in his hand that be  raise out of the infant estate lie out with the consent of his grandmother  pound in a purchase of land which lie contiguous to the infant estate and take  the purchase in the name of I S for his benefit if when he come of age he  shall agree thereto and allow that money on account the infant die in his  minority it be hold by my Lord chancellor chief baron Atkins and Mr justice  Lutwich against the of the master of the roll that though neither the heir nor  administrator of the infant be entitle to the land yet the guardian must  account for this pound to the administrator of the infant and that it be not  in the power of the guardian without the direction of this court to turn the  personal into real estate by which it will descend to the heir and that the  objection that a infant may make a will at seventeen of his personal estate  but not of his real be not answer the earl of Winchelsea and Norcliff vern S c
a hard award make without hear one of the party be deny to be set aside  because he have notice and may have be hear if he plead and as to the hardship  the court say the arbitrator be judge of the party own choose bill dismiss  with cost mich Geo Waller and king Mod
a have a demand of pound against b and have run it up to pound and obtain a  decree for it in chancery from which b appeal to the house of lord where the  decree be affirm it be observe that b at the pronounce this decree in the  house of lord fall down in a swoon and within a week afterward die as suppose  of grief but he first get a petition answer for a rehear and in his sickness  devise all his land for the payment of his debt and ld king say that this can  not be intend equity case abridge a provision for a s demand which he deny  upon oath and in which he die a martyr however at length decree that after all  debt upon sim Le contract be pay a shall come in and be pay his debt if he can  find asset hill Norden and Norden vern Hollis v car ibidem SC cite and say to  be adjudge by ld king north not to lie within the intent of the provision for  payment of the testator debt
a have a feesimple in a lighthouse and possess of a term for ninetynine year  in land adjoin to it a by will give to his son b and to his assignee all his  estate and interest in the lighthouse land tenement and appurtenance thereunto  belong upon trust out of the rend c of the term during the remainder thereof  to pay pound per annum b take a feesimple in such part of the premise wherein  the devisor have a feesimple and a term for ninetynine year in such part of  the premise wherein the devisor only have such a term decree per Lord Chan  Hardwicke hill villiers and villiers Barnard Ch Rep atk Rep pl equity case  abridge er p d what word pass or create a estatetail and what a estate for  life devise to a for life and after his decease to his heir male be a  estatetail and not a bare estate for life with a remainder carter lev keb vent  pollexfen king and mell Str devise to a for life remainder to his heir be a  feesimple for heir be nomen proceeding by inference but if he add and to the  heir of such heir it be for life only for word of limitation be add to the  word heir it shall be take as demarcation personae salk
a have a house at London in which he life and have household good therein and  also a house at Gosport which be use by the government as a hospital for  invalid seaman and a provide there a great number of bed and sheet and other  furniture and by marriage article it be agree that a s wife shall not claim  any thing out of his real or personal estate provide this shall not extend to  what shall or may leave her by will nor to all or any of the household good or  utensil or household stuff c of he the say a at the time of his death all  which she be to receive and enjoy the question be whether the wife be entitle  to these bed sheet c use in the hospital as household good or utensil or  household stuff c within the intent of the article king c decree the wife to  have the bed sheet and other furniture use in the hospital mich Pratt and  Jackson will Rep vin Abr pl Feb SC state it thus by a devise of all my  household stuff and material of household good that be in a workhouse seventy  mile distance from the testator house for employ sick and wound seaman do not  pass but upon a appeal to the house of lord this decree be reverse Feb ibidem
a have a judgement of pound against b b give a a legacy of pound and die a on  receipt of this pound give the executor of b a release in this manner I  acknowledge to have receive of c pound leave I as a legacy by b and do release  to he all demand which I against he as executor of b can have for any matter  whatsoever and it be adjudge that the generality of the word all demand shall  be restrain by the particular occasion mention in the former part thereof  videlicet the receipt of the pound legacy and shall not be a discharge of the  judgement Pasc W m knight and coal lev adjudge d defect in a voluntary deed in  what case aid in equity
a have a lease from the dean and chapter of sell it to b and it be agree that  upon a abate part of the money b shall upon the king and the dean and chapter  be restoration reconvey it to a and though it be object that this be in nature  of a wager and so more proper for a commonlaw court yet a specific performance  of the agreement be decree by master of the roll car Parker and palmer Chan  can upon a appeal to this decree it be affirm by ld Chan and Bridgeman ibidem
a have a long exchequer annuity for ninetynine year which be settle equity  case abridge er p on himself for life remainder to his wile for life remainder  for provision for child and have liberty by decree of the court to borrow upon  it which be do and this place in b the lender hand as a security till payment  with interest b subscribe it into the SouthSea stock in a bring his bill for a  reconveyance king c hold that b can not be consider as a trustee as he have it  only for a particular purpose and have no authority to transcribe so decree to  account for the profit and to reconvey on payment of principal interest and  cost Nov Thomas and Puddlesbury select case in Chan
a have a mortgage in fee which be forfeit and devise all his mortgage to b and  make he executor and die b prove the will and after die intestate c take out  Administration de good non to a and also Administration to b and bring his  bill against the mortgagor d the heir at law of a and b have buy in the equity  of redemption this Cause be hear on bill and answer and though it be agree  that both a and b leave sufficient asset without this mortgage yet it be  decree that the mortgage shall go to the executor but Lord commissioner Trevor  say that if the mortgagee have be in equity case abridge possession and die so  he will not have take the mortgage from the heir there be no defect of asset  Trin Fisk and Fisk Prec in Chan
a have a mortgage of certain land whereof b have a prior mortgage and  afterward b lend a further sum to the mortgagor on a statute but as a allege b  have notice of a s mortgage before he lend the last money b by answer do not  deny notice positive but evasive and a can not prove notice till after b s  lend the last money yet because b have not deny notice positive Lord keep  wright equity case abridge er p and his honour decree a redemption on payment  of the first money only Trin Cason and bind Prec in Chan
a have a run account with b a banker and have pound in his hand b pay a pound  for which a instead of a receipt give b a promissory note who assign it to h  and then b become a bankrupt h sue the note and a not be able to prove on the  trial that b be a bankrupt at the time of the assignment h recover then a  bring a bill for a injunction and to have a discovery whether the assignment  be not make after the time it bear date No proof be make of the bankruptcy at  the time of the assignment only that he can not pay it but never keep out of  the way king c that do not amount to a Act of bankruptcy and if people re so  careless to give note instead of receipt it be more fit they shall suffer than  innocent person who know nothing of their transaction bill dismiss Trin Geo  Packenham and Bland and Hoskins Sel can in Chan it be insist that though this  be a promissory note it shall be consider only as a receipt a have at the time  money in b s hand and it can not be imagine a intend to be liable on the note  at the same time that so much money be due to he and if so then the pound  shall be take as so much money pay and deduct out of the pound so he shall  come in for his distributive share of pound of the bankrupt estate and not be  a credit or for pound and pay the pound note but hold as above ibidem
a have a Title to some house by a settlement make of they on he and his wife  but be oblige to go beyond sea he leave the deed of settlement with his  brother who be afterward equity case abridge commit a prisoner the defendant  enter and enjoy the house several year and it be decree that he shall account  for the rend and profit to a car Lister and Lister Rep tempt finch
a have a wife who live separate from he afterward court and marry another  woman who know nothing of the former wife be be alive but it be discover to  the second wife that the former be alive a in order to prevail with the second  wife to stay with he some year afterward give a bind to a trustee of the  second wife to leave her pound at his death a die not leave asset to pay his  simple contract creditor if this bind have be give immediate on the discovery  and as a recompense for the injury do the second wife and they have part  thereupon it have be good and to be pay before any simple contract debt but be  give in trust for the second wife after such time as she know the first be  live and to induce her to continue with a this be worse than a voluntary bind  and decree to be postpone to all the simple contract creditor mich lady Cox  case Eq can Abr p c ibidem
a have b a nephew and c a niece a make his will and devise land to b and c for  their life remainder to the child of b and to the child of c c have then one  child a afterward make a codicil at which time c have two more child this be a  future devise and take in the child after bear for the word child in the will  extend to more than the child bear at the make of the will mich Geo Bateman  and roach Mod vide this case Eq can Abr p can
a have devise pound to be apply to such charitable use as he have by write  under his hand former direct and no such write to be find it be hold that the  king shall appoint who give it to the mathematical boy in Christ hospital  which be decree accord and that the party shall be indemnified from the write  refer to hill between the attorneygeneral and Syderfin vern
a have four daughter b c d and e and after have give some legacy devise his  real and personal estate among his say daughter equal and die e marry f and  afterward b die intestate f assign over all his wife be share of b s estate  consist of choose en action to g and then e his wife die f marry again and die  intestate his second wife take out Administration to he and also to e de good  non administer by f the question be who be entitle to e s share of b s estate  the assignment be without a valuable consideration and only in trust and f the  husband not have take out Administration and Cowper c think the property bind  by the assignment though voluntary because of I delay that may be use before  he can recover in equity which ought not to prejudice he and that the  exception in the stat car c sect do not confine it to the life of the husband  or to the circumstance of his have reduce any part of the wife be personal  estate into possession but provide that no part of her estate shall be  distribute among her relation after her and decree e s share of b s personal  estate to the administrator of f mich squib and win will Rep
a have have several child some of who be dead leave child by will bequeathe  the surplus of his personal estate equal to his son James and to his son Peter  child to his daughter traverse and to his daughter web child a his daughter  man and make b his executor at the make of the will Peter be dead leave  several child web the daughter be live but her husband be in low circumstance  the testator by his will make some provision for her separate use king c at  first seem inclinable that the grandchild shall take per stirpes only yet at  length he decree that James and the child of Peter and traverse and the child  of web and man be in all fourteen shall each of they take per Capita as if all  the grandchild have be name by their respective name that the child of web can  not take accord to the statute of distribution or in allusion thereto as she  be live and so her child can not represent her and to determine that the  grandchild shall take per stirpes will be to go too much out of the will and  contrary to the word when the meaning of the testator may be accord to his  word and that meaning a reasonable and sensible one mich Blackler and web all  will Rep
a have insure for b and plaintiff his assignee on the ship e with the cargo  and the entry in the company be book of the contract be in short item call a  label which be thus at and from fort saint George to London lose or not lose  and the policy be soon after make out and take in the follow word that the  adventure be to commence from the ship depart from fort saint George to London  before the insurance be make the ship be lose in Bengal river whither she have  be send from fort saint George to refit the bill be bring to have the  insurance money pay be as a loss c and find the equity that the policy be not  make agreeable to the label accord to which the risk be to commence from the  ship come first to fort saint George and the go to Bengal to refit be a thing  of necessity for perform the voyage be no deviation and the loss be during  that time be within the intent of the contract for the insure Lord Chan  Hardwicke say this be not proper to determine here first question be as to the  agreement second as to the breach and doubt as to the agreement the memorandum  be not a print form as to the material point and the policy must be govern by  that if not vary the word in the memorandum or label at fort saint George  include the stay of the ship there and the policy follow the word but add this  videlicet the beginning of the adventure to be from the ship depart from fort  saint George for London which exclude the risk while the ship stay there and  this seem a inconsistence in the policy first to describe the voyage at and  from c and then to exclude the risk at c this seem a mistake in write the  policy and be to be rectify as in the case of article and a settlement and  decree the word to be add in the policy for the adventure to commence at and  from fort saint George Dec motteux and London assurance vin Abr pl atk Rep pl  vide title bind c Eq can Abr p equity case abridge cap LXXIX posthumous child  how favour in equity
a have issue a daughter by a former venture charge his land at b for payment  of pound portion to such daughter and afterward marry a second wife and make  her a jointure of a moiety of these land at b without take notice of this  charge of pound and afterward by will think that this pound charge as  aforesaid will be good against the jointure and take notice thereof devise to  his wife other land in you in lieu of her jointure in b and die the wife and  son and heir agree together to defeat the daughter of her pound portion and  therefore the wife find that the settlement which be make on her marriage  though subsequent in time will yet prevail against this charge of pound which  be voluntary and fraudulent as to her adhere to her jointure and refuse to  accept of the devise but on a bill bring by the daughter Lord keep decree that  she shall hold such part of the land in you as shall be equal in value to such  of the land in b as be comprise equity case abridge er p within the jointure  until her portion be raise hill reeve and reeve vern vent S c vide Shouldham v  Shouldham vern SC ante Eq can Abr vide Title devise Title legacy where portion  shall sink in the inheritance for the benefit of the heir Title heir
a have issue four daughter and no male issue devise land to trustee in trust  to permit his daughter S to receive the rend and profit until her marriage or  death and in case she marry with the consent of two of the trustee and her  mother then to convey the premise to her and her heir but if she die before  marriage or marry without such consent then to convey to other person  afterward S marry in the lifetime of her father and with his consent and he  settle part of those land on equity case abridge her and her husband and die  and it be hold that this settlement be no revocation of the will as to the  devise of the other land mich clarke and Berkley vern vide where a devise  shall be a satisfaction Q if this case be not affirm in dom proc I think it be  SC Eq can Abr Title devise letter l
a have land and a personal estate before her marriage convey all her estate to  her separate use to which the intend husband be a party and he covenant that  he will not interfere with it on this estate there be a mortgage for pound  which before these conveyance execute execute not in the original he verbal  promise to discharge during the coverture the mortgage be assign over and he  covenant thus that I or my wife shall pay it the husband and wife live with  great affection together and he constant receive all the profit of this  separate estate he die have never pay off the mortgage leave child which he  have by a former venture fortune these the wife maintain after his decease she  bring her bill saint that her husband be effect shall be apply to the  redemption of the mortgage dly to have a account of the profit of her separate  estate receive by the baron dly to have a allowance for the maintenance of his  child after his decease it be decree that the husband be effect shall not be  charge to redeem the mortgage nor be Accountable for the profit of her  separate estate receive by he and that the maintenance shall be counterbalance  by the interest of their fortune on a rehear king c say that there be no  foundation to charge the husband with the payment of the mortgage for by the  statute of fraud it be not a charge unless reduce into write all be at a end  when equity case abridge there be a agreement in write all the conversation be  only a previous step this be the ultimate settlement of the whole affair on  mature consideration of every thing as between he and the mortgagee he may be  charge but not by the wife as to the receipt of the separate maintenance if  they live together amicable it shall be look upon as do by the wife be consent  as to the maintenance she have take it upon herself and it do not appear but  the interest be sufficient for that purpose decree affirm Trin Geo Christmas  and Christmas Sel can in Chan equity case abridge er p
a have land in d and S convey the land in d to b in tail remainder to his own  right heir then he devise all his land in S and elsewhere not former settle to  c and his heir for ever by this the reversion passes of the land in d decree  mich Geo Chester and Chester Gibb will Rep SC decree accord by the unanimous  opinion of king c and the say judge if there equity case abridge er p have be  any land or skirt of land lie out of the place mention in the will to satisfy  the word elsewhere it may make a difference ibidem Raymond c I Reynolds c b  and price I ibidem
a have marry a heiress who be but eighteen year of age and she be with child a  petition the king that he will be please by privy seal to direct his justice  of the common plea to take a fine or common recovery so that the petitioner  may be sure of a estate for life in the premise the king in answer say that he  be satisfy of the petitioner merit but refer it to the Lord chancellor to  report what be fit to be do therein who upon hear counsel declare he think the  petition reasonable and that he will report the same to the king accord sir  Burgundy mackworth case vern note serj Maynard observe that the petition be  inartificial draw in pray that a fine or common recovery may be take for that  a fine can be take from a infant but a recovery may by the king special  direction a infant either by himself or guardian can suffer a common recovery  but if he obtain a privy seal for that purpose he may suffer a recovery Rep  where such recovery have be salk hob cro car roll Abr and salk salk where I S  be of the age of nineteen year his sister who be the next in remainder and  also his heir marry one of his footman and he petition the king for leave to  suffer a common recovery who refer it to the judge of the common plea before  who several precedent of recovery suffer by infant upon privy seal be cite but  the judge have observe that seven of the petition be by father upon the  marriage of their son and a equal recompense give and that re be neither  father nor marriage in the case they disallow it and say that this matter have  be carry too far already equity case abridge cap xxxv injunction a injunction  in what case and when to be grant b what shall be a breach thereof a  injunction in what case and when TO be grant
a have pound in money by will give pecuniary legacy to every brother and  sister and half brother and sister and to b her old brother pound and make he  executor but make no equity case abridge disposition of the surplus Lord Chan  Macclesfield admit parole evidence of the intent and declaration of the  testator touch the surplus hill duke of Rutland and duchess of Rutland will  Rep
a have pound out at interest desire it may be pay in to I S and that he will  get her a security for it accord the money be pay in to I S and he without any  further direction from a or without acquaint her at all of the matter lend it  out on a mortgage make by b to c for secure pound which afterward be increase  to and be by he assign to d for secure that sum and the assignment be take in  the name of a and she have some of the Title deed deliver to her and receive  pound of the interest from b but it fall out that the security be  preincumbered and will not answer the money a bring her bill to have the money  make good to her either by I s s executor or by d who have the security before  upon a Reassignment and have long before bring a bill against b to have the  redemption foreclose and a decree have be obtain for sale of the estate and h  have be allow the best purchaser for pound whereupon d arrest b upon his bind  who to procure his enlargement pay d pound and there remain due to d at the  time of his assignment only for principal interest and cost and yet the  assignment be make in consideration of pound mention to be pay to he and he  receive the X I which be a fraud in he and he conceal all these matter from I  S and assign this as a good security Lord keep wright say he do not think that  either I S or d have do altogether what in natural justice they ought to have  do yet that there be no sufficient foundation to charge either of they in  equity dismiss the bill but without cost hill Luke and bridge and Christ ms  Rep decree affirm in dom proc ibidem Prec in Chan SC accord and say Lord  keeper cite the case of sir John Foach the scrivener upon the mortgage of Mr  Jervis where though sir John have notice of declaration in ejectment deliver  on a prior mortgage before he lend his client money yet can not be charge to  make good to his client the money he afterward lend upon it ibidem
a have prevail by the mean of a attorney with a woman to levy a fine of some  house and to execute a deed lead the use thereof to he and his heir and it be  prove that she at the time of levy the fine declare that she must make use of  some friend name in trust and afterward by will declare that she only levy  such fine in trust the better to dispose of her estate and have devise it to I  S subject to the payment of her debt the court decree not only the estate  liable to the debt but also a conveyance to I S the devisee mich Woodhouse and  Brayfield vern S ante Eq can Abr cruise on fine
a have take security in his own name in trust for b for diverse sum of money  and make c his executor and die b assign the money and all bind take in a s  name in trust for he to d and then die intestate e administrator to b assign  his letter of Administration to d and then e die intestate f daughter of e and  wife of c the defendant take letter of Administration of the good of b  unadministered by e her father d prefer a bill against c as executor to a the  trustee c claim in right of his wife hold upon a plea and demurrer in chancery  by north Lord keeper that the interest of e well pass by the assignment of his  letter of Administration to d and so likewise hold at a hear before the master  equity case abridge of the roll and so decree east James b r mason and good at  the roll skin Rep
a have the use of good and a library for life Remaindet to the plaintiff wife  who be dead but he as her administrator bring his bill to have the good c  secure to he after the death of a which be decree accord car Bracken and  bently Chan Rep
a have three brother one die leave three child another two and the three five  then a die intestate and it be resolve that distribution shall be per Capita  and not per stirpes and that all the child shall have equal because none take  by way of representation but all as next of kin in equal degree mich Welsh and  Welsh resolve in canc bring in Chan SC in as many word
a have two copyhold hold of the manor of b cut timber pretend in custom for it  on the one and employ it in repair the other the Lord bring a ejectment  suppose this to be a voluntary waste and a forfeiture and upon the first trial  there be a verdict against the Lord but upon a new trial there be a verdict  against the pretend custom and it be admit that by the custom of the manor  when ember be want on one copyhold tenement the Lord by his bailiff may assign  timber for repair on any other of the copyhold estate ld king relieve against  the forfeiture on payment of the cost of both the trial at law and likewise of  this suit hill Nash and the earl of Derby vern the plaintiff bring his bill to  be relieve against a forfeiture of his copyhold estate and the case appear to  be that he have be guilty of the great disobedience possible to his Lord that  after six several presentment upon he to equity case abridge er p
a have two nephew who be his heir at law by conveyance executedin his lifetime  settle all the land to the use of himself for life remainder to his issue if  he shall happen to have any remainder to his nephew but in the enumeration of  the particular of the land a mistake be make but the conveyance be mere  voluntary the court refuse to amend it but leave the land to descend equal  between they hill lee and Henley in the book Henley all vern
a have two son b and c devise land to b for fifty year if he shall so long  live and as for my inheritance after the say term I devise the same to the  heir male of the body of b and for default of such issue then to c and the  court resolve first that b have not a estatetail by implication upon the word  without issue because the devisor have give he a estate for year by express  word and the court can make such a construction against express word when  thereby they will drown the estate for year and make a estate of inheritance  dly the court hold this devise to the heir male of the body of b to be void in  its creation for want of a estate of freehold to support it and they seem not  to think it a executory devise because it be limit as a remainder and because  it be limit per word in present time for if one devise his estate to the heir  of I S and I S be live the devise shall not be construe a executory devise and  such a devise be therefore void but if it be to the heir of I S after the  death of I S that be good as a executory devise dly the court hold the  limitation to the heir male of b be become void by the event whatever it be in  its creation because b be now dead without issue thly the court hold that if  the remainder to the heir male of b be void in point of limitation then the  next remainder limit to c take effect present Goodright and Cornish salk Mod S  c
a heir at law be make a defendant and insist on his Title he shall have his  cost though it go against he but if he be plaintiff and miscarry in his suit  he shall not have cost and on his suit appear groundless he shall pay cost  Talbot Lord Chan Trin Luxton and Stephens will Rep
a heir at law can be disinherit but by a necessary implication per Lord  chancellor mich in the case of simpson and Hornsby Prec in Chan pale yellow Eq  Rep
a heir exhibit a bill for discovery of evidence concern land that be his  ancestor defendant swear that he be a purchaser of the land and the heir  demand a sight of his deed and write but per Lord chancellor he shall not see  they for although the heir prima fancy have a legal Title he may go into a  court of law if he please but this court will not compel the show of write to  any person unless he have a equitable Title as a mortgagee c and that be the  difference between a legal and a equitable estate Trin sir John Burlace and  cook Freem Rep equity case abridge er p
a heir of about twentyseven year of age and who have a Commission in the guard  borrow pound on condition to pay pound if he survive his father and  fatherinlaw but if he die before his father or fatherinlaw then the lender to  lose the pound the heir survive his father and fatherinlaw and be relieve  though after he have pay the money it be for fear of a execution Curroyn and  milner hear that June before king c will Rep c equity case abridge er p equity  case abridge cap livre hypothecation
a husband as administrator to his wife obtain a decree against the trustee to  raise her portion but he be a young brother have make no settlement on her and  have a son by her the money be decree to be raise and put out for his benefit  for life then to the son for life and if he leave issue then equity case  abridge er p for such issue but if he die without issue and the father survive  he to have it pasch Wytham and Cawthorn
a husband on marriage and in consideration of a considerable portion settle  pound per Ann pinmoney in trust for his wife for her separate use which become  in arrear and then the husband by will give the wife a legacy of pound after  which there be a far arrear of the pinmoney and then the husband die the  legacy be great than the debt shall be a satisfaction of the arrear of the  pinmoney due before the make of the will but not of the arrear incur after the  date of the will and which at that time may possible never become due Talbot c  east foul and foul will Rep see salk will p c of this work where pinmoney be  secure to the wife and the husband provide her with clothes and necessary this  during such time as she be so provide will be a bar to any demand for her  arrear of pinmoney per Talbot c in the above case ibidem vide the case of  Powell and hankey and Cox p can and Thomas and Bennet p can
a husband who have steal his wife and make no provision for her agree that her  fortune which be considerable and in trustee hand shall be lie out in a  purchase of land to be settle on they and the heir of their body and a  judgement be give by the husband for this purpose a bill bring by a creditor  of the husband to set aside this agreement for that it be after marriage and  voluntary and so ought not to prevent he of his debt be dismiss but without  cost for per cur if the husband himself have exhibit a bill against the  trustee for the portion it will have not be decree to he without make some  such settlement easter more and Rycault Prec in Chan
a if a have a power by b s will to dispose of in his will and a make a general  will of his personal estate as the pound be not a interest vest in he his  equity case abridge er p will shall not amount to a execution of his power  neither can parole evidence be permit to show his intention to execute it nor  will equity supply it as a defective execution in favour of volunteer though  otherwise there will not be asset to pay legacy Moulton and Hutchinson quaere  what term and year ms Rep a power to make lease under hand and seal they be  seal but not sign by reason of the gout not well execute Blockvill and Ascot  quaere what term and year ms Rep if a covenant under a power to limit several  estate be of particular value in jointure and there be no covenant that they  be or shall continue of that value or to make up the value it seem any defect  in value shall not be supply ms note devise to testator wife for life and then  to be at her disposal provide it be to any of his child give a estate for life  with a power to dispose of the fee the power to dispose of a feesimple include  in it a power to dispose of any lesser estate will Rep and where such devisee  with and aftertaken husband do by lease and release and fine convey the  premise to a trustee and his heir to the use of the husband for life without  impeachment of waste remainder to the daughter by her first husband and the  heir of her body remainder to the son by the first husband and his heir this  adjudge a good execution of the power Trin Tomlinson v Dighton Writ of error  from a judgement in c b on a special verdict in ejectment will Rep vide p c  this work
a in consideration of pound convey a estate absolute to b and afterward a  bring a bill to redeem and b by answer insist that the conveyance be absolute  but confess that after the pound pay with interest it be to be in trust for  the wife and child of a and a reply to the answer though there be no other  proof of the trust yet it will be decree for the wife and child pasch Hampton  and Spencer vern SC ante Eq can Abr
a in order to get a injunction a affidavit be produce verify the allegation of  the bill which be admit to be read Feb Bennett and loggan in scacc bunb Rep  can
a infant answer can be give in evidence against he because it be not the  infant answer but the guardian who only be swear to it and not the infant  equity case abridge er p hill in the case of Wrottesley and Bendish say arg  will Rep a infant answer by his guardian be not evidence against he because  the infant be not swear and it be only for make proper party ibidem in a note  by the editor cite Carthew the answer of a feme covert no evidence against her  husband ibidem but Lord Talbot will not give any opinion whether the answer  may be read against the wife when discovert or not ibidem in S c
a infant be inveigle from b her guardian and marry to W though tile infant be  not take from a guardian assign by the court yet both W and the parson and the  agent be all commit by the master of the poll and the order be afterward  confirm by the Lord Chan Harcourt cite by Lord commissioner Jekyll will Rep  this be the case of Hannes v waugh may Ann equity case abridge er p vide  Ibidin the margin will Rep cite arg and say that they be long in custody SC  cite by Lord Chan Talbot mich in Lord Raymond case and say that all the party  be commit it be hold a contempt of the court to marry a ware of the court  without its direction vide case in Eq tempt Lord Talbot and the same will have  be do in the case of Hugh and science I et all hill Vac but that it do not  appear in that Cause that William the clergyman who marry the infant to  science be at all a party to the contrivance and so have not incur the censure  of the court whereas have he be privy thereto the licence will not have  protect he vin Abr title guardian p note to can
a infant can be foreclose without a day to show Cause after he come of age but  the proper way in such a case be to decree the land to be sell to pay the debt  and that will bind the infant per cur booth and rich vern but if there be a  mortgage and it depend upon a disputable Title so that no money can he have by  a assignment of it over equity will not decree a infant to be foreclose till  he come of age sail v Freeland vent
a infant entitle to the trust of land in fee by a collateral ancestor marry  without her father be consent and the father bring a bill against the husband  and wife and her trustee that a provision may be make on her out of those land  the husband and wife demurrer to the bill and the demurrer be allow for it  appear by the plaintiff own show that he have no right either in law or equity  to the land but ld Chan say that if the husband have be the plaintiff and have  be seek any favour from the court he can then make he do what be reasonable  Paso car micoe and Powell vern
a infant female may make a will and dispose of her personal estate at twelve a  infant male at seventeen or at fifteen if prove to be of discretion agree in  the case of bishop and sharp vern by the civil law at fourteen and this age be  now admit of in chancery a infant may be a trustee scot v Haughton vern and by  the Ann cap infant seize or possess of estate in fee in trust or in mortgage  be enable to make conveyance of such estate in this case it be urge that by  the custom of merchant infant be compellable to account as factor but the  court hold that though a infant may be a executor and shall be charge because  the law enable he and may also be equity case abridge er p
a infant feme have land of inheritance marry h article be enter into whereby  she be during the coverture to settle and convey over these land and then she  be to have a rentcharge of pound per Ann for her jointure whereas before she  have but pound per Ann a die she marry b b and his wife bring a bill for to  have the pound per Ann c Harcourt Lord keeper decree that here be a condition  precedent to her have her jointure augment which be to have be do during the  coverture and a court of equity will not relieve in such a case where omission  of it be but a mere neglect in the party and cite lady bertie case but upon  appeal this matter be in a manner compromise by the lord and Lord keeper here  dismiss the bill for if he shall relieve her she will have both the land and  the pound per Ann mich Ann wood and Ingram
a infant in ventre sa mere at the time of the death of the father be hold  clear per Lord chancellor to be entitle unto a share by the statute of  distribution for he be in the eye of the law a child and ought to be provide  for as well as the rest and although it be admit that a distributary share be  a interest vest upon the death of the intestate even before distribution and  shall go to the executor or administrator of the party although he die before  the distribution yet that equity case abridge er p be not such a interest vest  in the child bear so as to deprive the afterborn child mich ball and smith  Freem Rep Vol Abr Eq can ball and smith be not S p
a infant make a contract with consent of friend that interest money shall  become principal upon condition that the creditor will not at that time extend  the land of the debtor and it be decree good cite per Lord chancellor mich Geo  as lady Betty Cromwell case Mod
a infant may amend his answer when he come of age and therefore exception can  be take to it t Strudwick and Pargiter a infant in scacc bunb Rep equity case  abridge er p equity case abridge cap VI annuity a and rentcharge a annuity be  a yearly payment of a certain sum of money grant to another in fee for life or  year charge the person only of the grantor   Litt b but if a man will that  another shall have a rentcharge issue out of his land but will not that his  person be charge in a manner by a Writ of annuity then he may limit such a  clause in the end of his deed provide always that this present write nor any  thing therein specify shall any way extend to charge my person by a Writ or a  action of annuity but only to charge my land and tenement with the yearly rend  aforesaid and then the land be charge and the person of the grantor discharge    light sect and the reason be because the person be not express charge by  such a grant but by operation of law but a proviso not to charge the land be  repugnant per Popham I c hill Elizabeth in grammatical case Fulwood and ware  Poph Rep a man ought to grant a annuity for he and his heir otherwise the heir  shall not be charge nor can it continue after his death contrary of the grant  of a rend out of land or a grant of a rend whereof he be seize note a  diversity for this charge the land but a annuity charge the person only Br  charge pl cite h per butler where a man grant a annuity to I S and his heir  this shall not serve but during the life of the grantor and yet there be a  feesimple determinable upon the life of a man Br estate pl cite h but if he  have grant it for he and his heir to the other and his heir it be otherwise  but grant of a rend out of land to I S and his heir it be good for the land be  charge and in the other case the person be charge which can extend to the heir  without express word Br ibidem a CONCERNlNG both
a infant shall be bind by condition in fact and such condition as he can  perform in equity as well as in law vide fry and porter case Mod vern a infant  be bind by all condition charge and penalty in a original conveyance whether  he come to the estate by grant or descent Inst b
a infant when plaintiff be as much bind and as little privilege as one of full  age per Lord king hill in grammatical case Lord brook and Lord and lady  Hertford will Rep
a inhabitant of York have on his marriage settle his real estate on himself  for life remainder as to part on his wife for a jointure remainder of the  whole to his first and other son in tail remainder to his own right heir the  question be equity case abridge whether the son be thereby exclude by the  custom of the province of York from have any share of his father be personal  estate which point be direct to be try on a issue at law and it be find that  he be thereby debar the same be decree accord Trin constable and constable  vern equity case abridge cap XXIV decree a concern the draw up and enrol of  decree b who be bind by the decree c concern error in the decree d concern the  performance and execution of a decree a concern the draw up and enrol OF  decree in the draw up a decree it be not sufficient for the register to recite  the bill and answer and then add that upon the read of the proof and hear what  be allege on either side it be decree so and so but the fact which be prove  and allow by the court as prove must be particular mention in the decree  otherwise if a bill of review be bring those fact shall be take as not prove  for else a decree can not be reverse by a bill of review Brend v Brend vern  broad v broad Chan can S p a decree be pronounce in Michaelmas term and the  defendant die soon after on a motion to have it enrol it be hold by ld Chan to  be a thing often do and that it be like a judgement at law which if pronounce  before may be enter after the party death and the decree be enrol accord  Anonymous Chan can Clapham v Phillips Nell Chan Rep Rep tempt finch S p  Yeavele v Yeavele Chan Rep S p
a inquisition have find that one a have devise to I S and her heir absolute  without any trust that she do it for the good of her soul and that the devisee  own that this estate be not she but belong to God and his saint and the court  of king b hold that this shall not be aver to be a superstitious use by reason  of the statute of fraud and say that a monk may take now by purchase and seem  to think so of a nun but a information be prefer in the exchequer for a  discovery and a application of the devise to a use true charitable it be hold  that the statute of fraud do not bind the king that he as head of the  commonwealth be instruct and empower to see that nothing be do to the  disherison of the crown or the propagation of a false religion and to that end  entitle to pray a discovery of a trust to a superstitious use and that this be  a superstitious use the king shall order it to be apply to a proper use W m  between the king and lady portington salk if a charity be devise to the poor  indefinite the king shall have the disposal thereof Att gentleman v peacock  Rep tempt finch
a intrust I S with money of his to dispose of at interest then a die part of  the money remain in I s s hand undisposed of a s executrix desire I S to put  it out at interest which he do and the security prove defective the executrix  shall not make it good to the plaintiff who be to have a share of the estate  by the custom of the province of York but against a creditor she shall so it  be of good sell good fide to a person who become insolvent before all the  money pay mich Gibbs and herring Prec in Chan note the executrix herself be  entitle to a share of the estate well as the plaintiff ibidem in a note
a issue be direct to be try touch the custom of the manor of which be find  against the plaintiff and the Cause be hear on the equity reserve it be allege  to be a Cause of value and concern all the copyhold in the manor a new trial  be direct upon payment of cost Trin Edwin and Thomas vern vern SC vide Fitton  v Macclesfield vern where it be say that upon one trial it be not proper to  make a decree to bind the inheritance
a issue be direct to try the validity and operation of a deed and the verdict  be against the deed in favour of Mr arderne Mr will who try the Cause at  Chester certify that he be satisfy with the verdict yet there be a remainder  limit to infant and the estate be pound a year Lord chancellor grant a new  trial though he say Lord Cowper have often bind the inheritance by one trial  arderne and crew Pas Geo ms Rep the reason why one trial in ejectment will not  bind the inheritance be from the nature of the action and not from any rule in  law that one trial shall not bind the inheritance for it will in a proper  action but a decree in chancery be final therefore one trial upon a issue  direct may settle the right Lomax and rider vin Abr pl upon a issue Devisavit  well non which be find against the heir at law it be urge for a new trial that  it be the rule of the court not to bind the inheritance without two trial at  least and in the case of a ejectment at law the party be at liberty to try his  fortune so often how often c but Lord chancellor say he know of no such rule  and as to the case of a ejectment at law he say the ancient course of law be  otherwise for in a real action as assize c recovery therein be always a bar to  a new assize and the party grieve be put to a Writ of a high nature c and the  try so often how often upon ejectment be owe to the new practice of try title  that way wherein the party be fictitious one trial can be make use of as a bar  to another and a new trial be deny no affidavit or certificate of the judge be  produce mich Geo in canc vin Abr by way of note to pl equity case abridge cap  CXIL trust a and trustee
a it be observable that the husband may have devise this pound subject to his  wife be estate for life either as real or personal estate accord as he shall  have signify his intention thus if he have in his will describe it as so much  money agree to be lie out in land this will have be sufficient to have make it  pass as equity case abridge er p personal estate and by a will not attest by  three witness but without such a particular interposition of the testator  manifest his intention it remain as land and consequent belong to the devisee  or Representative of the real not of the personal estate determine in the case  of cross and addenbroke hill and Fulham and Jones mich both by Lord Parker  will Rep in a note by the editor but more particular in the case of Edward and  the countess of Warwick Trin cor Lord Macclesfield where money be agree to be  lie out in land and he that be entitle to the fee of the land when purchase  may dispose of it by will though not attest by three witness will Rep if money  be to be lie out in the purchase of land and settle to the use of a for life  then to the use of d in tail remainder to d s heir d may devise this either as  money or land and the reversion in fee will pass by the will in case d die  without issue Hungerford and winter Q what term and year ms Rep c what word  will pass a fee
a Jekyll ld commissioner take a difference between a will and a deed gain upon  a weak man and upon a misrepresentation or fraud for if a will be gain from  such by false misrepresentation this be not reason sufficient to set it aside  in equity as be determine in the late duke of newcastle will betwixt Lord  thanet and Lord Clare and in the case of Bodvill and Robert but where a deed  which be not revocable as a will be be so gain from such a person and without  any valuable consideration the same ought to be set aside in equity will Rep  east in the case of James and greaves
a join with b her husband in make a mortgage for year of her inheritance for  pound to supply the husband be occasion to pay for the place of captain of the  band of pensioner and subject to the mortgage the estate be settle in a for  life remainder to her son in tail b in the mortgage deed covenant to pay the  money and the proviso be that on payment of the mortgage money the term be to  cease the mortgage be several time assign and particular in and the wife join  in it and there the proviso be that on payment of the money by they or either  of they the MortgageTerm be to be assign as they or either of they shall  direct or appoint a few day after the mortgage be make b by letter thank his  wife for have seal it and add that the profit of the office shall be religious  apply to pay off the encumbrance but afterward when money come in though he  pay off the mortgage yet he take a assignment thereof in trust for himself and  by will devise his personal estate and the benefit of this mortgage to his  second wife and on a bill by the son of the first wife to have this mortgage  assign he it be declare by my Lord keep that he can not decree for he but  equity case abridge upon the usual term of redemption on payment of principal  interest and cost discount profit but upon a appeal to the lord the son obtain  a decree to have the mortgage assign to he Pasc the earl and countess of  Huntingdon vern SC ante Eq can Abr vide SC Eq Abr equity case abridge er p
a jointure be make of land and house lease out at si ayear for five year to  come but worth pound ayear the husband covenant that she the jointress shall  be pay pound S quarterly to make up the present rend pound per annum in case  of his die within the five year on a bill for payment of several quarter rend  and interest it be insist that the intent be to put the jointress in good  condition before the rend advance as if it actual equity case abridge be  advance but not in a better and that therefore she shall allow tax for the  quarterly payment but king c say he know nothing what be the intent but he see  here a specialty whereby a man oblige himself to pay so much quarterly for  which he do not find he pay any tax and so can a low none and this be a  personal covenant for payment of a sum in gross interest must be allow from  the time each respective sum become due Trin Geo Lysons and Vernon select case  in Chan
a juror name in the distringing mistake Brewster bring error against beauty  upon a judgement give in the common place in a replevin and it be assign for  error for that that Kidman be return in the venire fac and Bidman be return in  the distringa habeas corpora Tanfield say it be apparent error and to prove  that he cite parkers case where in a appeal palus be return in the venire fac  and Paulus be in the habeas corpora and Paulus be swear and therefore error  and between Cobb and Paston a juror be name Hamstrong in the venire fac and  Hartstrong in the distr and adjudge ill cook say that it may not be amend and  to prove that he cite Edward pound Henry where it be say no amendment after  judgement for thereby the attaint of the party shall be toll and in a case  between Crosby and Wilbet George Thompson be return in the venire fac and  Gregory Thompson be in the distr and can not be amend after judgement gawdy it  be hard to amend the distr for the book of Henry be that it shall not be amend  for the distr be the award of the court and for that he cite Henry where a  juror be return by the name of Hodd and in the habeas corpora be name lord and  when the default be espy they award a new habeas corpora but in the book of  Henry the Gouldsborough report sheriff return be amend but not the writ and  Henry the prior of saint bartholomews case where in the fenire fac there be  return and in the habeas corpora but and so a juror omit and hold that it can  not be amend but after the opinion of the justice of England be that it shall  be amend insomuch that it appear by examination the same party in the venire  be swear and so no damage to any Gouldsborough er p
a lease be make by some of plaintiff ancestor under who he claim to I S for  his life and the life of a and e his two daughter upon I s s marriage with  defendant his second wife these land be settle on her for her life and they  have issue a daughter also name e then I S die and then his two daughter name  in the lease die whereby the lease be at a end but there be still a daughter  name b plaintiff ancestor or plaintiff make no entry but conclude the lease be  still subsist and the defendant the second wife have hold these land under  this mistake Title for several year but now the mistake be discover the  defendant acquaint plaintiff with it who have possession deliver to he and now  bring his bill for a account of the rend c from the time of the determination  of the lease and Lord Chan Macclesfield be clear of opinion that where one  have a Title of entry and neglect to enter or to bring his ejectment but sleep  upon it several year as he have no remedy at law for the Mesne profit so  neither have he in equity for it be his own fault he do not enter and he shall  never come into this court for relief against his own negligence or to make  the tenant in possession who hold over his lease to be but his bailiff or  steward whether he will or no but in the principal case by reason of this  circumstance of both daughter be of the same name and the mistake consequent  thereupon the defendant be decree to account for the Mesne profit from the  time of the expiration of the lease and so it will be where any fraud have be  use to conceal the Title from the lessor or in case of a infant but otherwise  general where the party have no remedy at law he shall have no relief in  equity for the Mesne profit but from the time of a entry make which he at his  Peril ought to have take care of so soon as his Title begin east duke of  Bolton and dean Prec in Chan ms Rep accord
a lease be make by tenant for life pursuant to his power c to b it be say that  though I this lease import to be make for pound yet no money be real pay and  that it be make upon a marriage brocage for b s procure marriage between the  lessor and lady Ogle and per Lord keeper if it be a lease for marriage brocage  it must be set aside be ex ugly causan and no difference between a bind or  lease and a inheritance but his lordship not think the proof sufficient to  find a decree upon he order it to be try at law whether the procure the  marriage equity case abridge er p be the consideration of this lease afterward  it be twice try verdict both time for the lessee and thereupon the bill be  dismiss but the lord reverse the decree and set aside the lease without regard  to the verdict Trin Stribblehill and Brett Prec in Chan vern Rep mich SC say  the lease be by tenant in tail in consideration of procure a match between the  lessor and lady Ogle and that the lease be set aside at the suit of the  remainder man marriage contract make in all country be to be observe in all  and therefore a contract make in France be enforce here Prec in Chan vide Eq    Abr p can
a lease determinable make good for the insensibility of word sayer bring a  ejection firm against hardy and a special verdict be find to wit that a lease  be make to a widow for year sub here yet condition quod si self tam day sola  to be inhabitabi in the same house the woman continue sole all her life and  dwell all her time in the say house and die within the term the question be  whether the term be determine or not and whether the word make a condition or  limitation Morgan it be no condition and cite Colthursts case but if it be a  condition here be no breach allege for the death be the act of God which no  man may resist and the act of God may not prejudice any man Bromle I think the  word make a limitation and not a condition find he cite the lori Barklys case  gawdy if a lease be make to a feme sole if she so long live sole and continue  unmarried now if she die the lease be determine and per Litl if a abbot make a  lease for year if he so long be abbot if he after be depose or die the lease  be determine so be it of a lease make by the husband if be so long continue  husband of such a woman but in this case the word be insensible and for that  it be neither condition nor limitation vide e dyer pound Popham clinch it be  neither condition nor limitation but if this word si have be omit it will have  be a condition or if the word sub condition quod have be omit it will have be  a limitation and if I make a lease for year if the lessee dwell upon the thing  let during the term there if Gouldsborough er p the less die the lease be  determine for that the point of limitation go to all the term but if it be a  lease for year if the lessee dwell upon that during his life there if he die  the lease continue so the all conclude that the term yet continue per quod  judgment to go into pro quer
a lease grant to one and his heir for three life be a real estate and though  by the statute of fraud it be make liable to pay debt yet it be only such debt  as bind the heir and where the spiritual court set aside a will into all of  such estate as revoke this sentence do not affect the devise of such real  estate hill Marwood and turner will Rep money article on marriage to be lie  out in land and settle be not asset even at law will Rep
a lease of the profit of a market be devise to a trustee in trust for a infant  before the expiration of the term the trustee apply to the lessor for a  renewal for the infant benefit which he refuse in regard that it be only of  the profit of a market there can be no distress and must rest single in  covenant which the infant can do there wag clear proof of the refusal and on  which the trustee get a lease to himself decree by Lord Chan king that the  lease shall be assign to the infant and that the trustee shall be indemnified  from the covenant in the lease and the trustee to account for the profit since  the renewal Oct keech and Sandford select case in Chan his lordship say he  must consider this as a trust for the infant for if a trustee on refusal to  renew may have a lease to himself few trust estate will be renew to  beneficiary and use that the trustee shall rather have let it run out than to  have have the lease to himself that it may seem hard that the trustee be the  only person of all mankind who may not have the lease but it be very proper  that rule shall be strict pursue and not in the least relax for it be very  obvious what will be the consequence of let trustee have the lease on refusal  to renew to beneficiary and trust ibidem
a leasehold estate hold of the dean and chapter of W for three life be devise  in trust for the testator widow for life remainder to his son in tail c one of  the life expire during the life of the widow the question be at who expense  the renewal shall be make and by Lord Hardwicke chancellor where a legal  estate of this kind be devise to one for life with remainder over and the  tenant for life be one of the person upon who life the lease be hold there be  no reason he shall be at any expense in add another life because he can have  benefit from it for the lease in be be at least as durable as his interest so  where it be give in trust in the same manner and the beneficiary and trust be  one of the life name in the lease this court will not compel the trustee to  surrender that lease in order for a renewal at the expense of the beneficiary  and trust for life in the present case the beneficiary and trust for life have  a chance of have a benefit from the renewal and the son who have the remainder  in tail have no more than a chance of benefit therefore it be but reasonable  that the widow shall contribute to the expense of the renewal as to the pro  portion the rule of the court be that the tenant for life shall pay one three  of the charge or keep down the interest and that seem reasonable in this case  the widow accord pay one three of the expense Verney v Verney Ambl vide SC  equity case abridge Ves wherein it be mention that the court have say the  computation of tenant for life bear one three be a wrong rule as be too low
a leaves a personal estate to her executor in trust for her bastard the  bastard die intestate without wife or issue the executor bring a bill against  b who have in her hand the portion belong to the bastard pray a account of the  same b demurrer because the attorney general in right of the crown and the  bastard administrator be not party demurrer disallow for that the executor be  legal equity case abridge entitle to the personal estate of his testatrix and  though this be in trust for the bastard yet as the executor have the legal  Title he can give a good discharge to the defendant hill Vac Jones and  goodchild ms Rep will Rep SC accord vide title executor and administrator Eq  can Abr p can
a legacy be give to a feme covert the husband alone exhibit a bill for it to  which there be a demurrer because the wife be not make a party and the  demurrer be allow for of thing mere in action belong to the wife as a bind c  she ought to join in suit by of a rend run in the wife be right after marriage  for if the husband alone shall sue and be dismiss that will not conclude the  case and if he die before judgement or decree the wife can revive the suit  Trin car clerk and Lord to draw close Chan can a feme covert who have a  separate maintenance may sue without her husband resolve upon demurrer royal  power v Lewis l Chan can
a legacy be give upon condition that the legatee shall release all claim on  the testator estate within a limit time the legatee take the legacy but do not  actual release Lord Henley hold he be bind by his election and decree his  executor to release and this decree be on a rehear affirm by Lord Camden  Northumberland v Aylesford Ambl
a legacy be leave to a infant the testator have a great deal of money in bank  stock the executor be residuary legatee on a bill for the legacy the question  be whether it shall bear interest and from what time and per Pengelly c b and  hale b it be a certain rule that where the fund be certain as when charge on  land it shall bear interest because it plain appear the rend be receive so the  fund on which it be charge produce a profit here it be equal certain and  therefore shall bear interest cite salk small and Dec and shall be from the  testator death oppose by carter and comens baron that it shall only bear  interest from a year after the testator death for as legacy be to be pay after  debt the executor have that time to inquire till which time they be not  Payable so not to bear interest to which it be agree mich Bilson and sander in  Scaccario select case in Chan vide bunb Rep m S c a difference be offer to be  make that as this be a legacy to a infant it can not be safe pay and therefore  shall not bear interest to which the chief baron answer it may be safe pay  into the hand of a infant have proper equity case abridge er p evidence of the  payment as in go office of ex and per carter b it may be pay into the hand of  the guardian have evidence but if the executor take security from the guardian  which shall prove defective there as he do not rely on the security the law  give he must depend on that take at his Peril ibidem
a legacy be not within the statute of limitation Parker v ash vern the statute  of limitation be no plea in bar to a open account pasch Scudemore and white  vern account current or open be not within the statute of limitation but  account state between merchant and merchant be bar by the statute vent sand if  a man recover a judgement or sentence in France for money due to he the debt  must be consider here only as a debt by simple contract and the statute of  limitation will run upon it Dupeix v de roven vern per cur
a legacy devise to I S to be pay at twentyone or marriage which shall first  happen so as such marriage be with the consent of b if not devise over I S  marry in the lifetime of b without his consent and die before twentyone leave  issue the legacy be go Trin Geo piggot and morris select case in Chan
a legacy of pound be bequeathe to a feme sole infant charge upon land and  Payable at she take a husband who assign the same during her infancy to I S in  consideration of pound and afterward she attain her age of Lord Chan king  decree the assignment good and that I S be entitle thereto with interest from  the wife be attain the age of c Trin duke of chandos and Talbot will Rep note  the SC be in Sel can in Chan but S p do not appear vide title assignment p can  and the note there c it be insist against the assignment that it be make for  less money than be real due videlicet pound instead of pound answer that the  interest of the pound from the time it be pay to the attain and the hazard of  the wife be die before that age make it a dear bargain and that with regard to  any judgement or other creditor of the husband as they claim under he and have  no specific Lien on the legacy they can not be in a better condition than he  himself be ibidem
a legacy of pound be devise to b when she shall attain twentyone she attain  that age but before have marry I S who die before the legacy be Payable this  legacy be in nature of a choose in action and will survive to the wife east  Geo Brotherow and hood in scacc Comynss Rep king OF suit and proceed by and  against baron and feme and also inter see
a legacy of pound be give to one after the death of her mother when she shall  attain the age of twentyone year and the defendant be appoint trustee for the  raise and payment thereof out of certain land the legatee be draw into a  improvident match with one who soon after become a bankrupt and the  commissioner assign all his effect and give he a certificate of his conformity  and the assignee bring a bill against the trustee for this pound who insist  that the assignee can be in no better condition than the husband and that if  he be plaintiff he can not prevail without make a suitable provision on his  wife and that this legacy be liable to a double contingency videlicet the  death of the mother and the legatee arrive at the age of twentyone year at the  time of the bankruptcy be not such a interest as can be assign the court hold  that though both contingency have since happen yet those be since the  assignment of the bankrupt estate and since a certificate of his have conform  himself in every thing to the act he be now discharge as a bankrupt and this  portion can not pass without a new assignment which the commissioner can not  make their Commission be determine and so dismiss the bill mich jacobson and  peer William l will Rep S c and say the will be dismiss without cost because  the plaintiff be creditor vide pale yellow Eq Rep S c as to what interest of  the wife the commissioner may assign vide cook bankrupt law d Edward p c who  may be allow TO come in as creditor
a legacy of pound be give to the defendant testator when he shall be year old  the plaintiff be his sister and executrix to the testator that give the legacy  pay the legatee pound of it at twentyone to put he out into the world and give  he a bind to pay he the other pound at a day certain which be the very day he  will attain his age of year he die before that age to a bill to have the pound  repay and the bind deliver up the defendant plead the payment and the bind  which be for payment at a certain day and become a duty thereby and upon  debate the plea be order to stand for a answer the Lord chancellor declare it  be fit to be hear on the merit mich Luke and Alderne vern e to who TO be pay
a legacy of pound be leave to a executor without any express disposition of  the surplus but there be strong proof that the testator intend he the surplus  on a bill bring by the next of kin against he for a distribution the executor  answer and wave the benefit of the surplus by mistake of the law in that point  and admit himself Accountable for the surplus but be a creditor upon a open  account he insist that he ought to have his legacy over and above his debt but  upon better information he pray to amend his answer as to the wave the surplus  which be deny by sir I Trevor master of the roll but his honour decree the  legacy over and above the debt and on appeal Cowper c say that he will not  against his own confession decree the surplus for he mich but in easter term  the Cause come before Lord Chan Parker his lordship say he can not but incline  to help the defendant who by mistake or Misadvice be in a way of lose his  right therefore if plaintiff will bind the defendant by his answer from take  the surplus as executor they ought to take it upon the term in the answer  videlicet the executor wave the surplus but insist upon the debt and legacy  and decree he both even though by the master report it appear that the legacy  be much great than the debt east Rawlins and Powell will Rep
a legacy out of a personal estate Payable to a infant at twentyfive if the  infant die before twentyfive his representative may have it it be a vest  legacy otherwise if the legacy be charge upon a real estate for then it shall  sink into the land for the benefit of the heir east duke of chandos and Talbot  cor Lord Chan king will Rep ms Rep SC say upon the master report the question  be if a sum be devise to a Payable at twentyone and testator charge his real  and personal estate with the payment of it and the personal fall short and a  die before twentyone whether in such case it be lapse and shall sink for the  benefit of the heir per Mr solicitor general if this be a legacy to come out  of the personal estate it will be vest and ought accord to the practice of the  ecclesiastical court to be raise for the benefit of the representative of the  legatee but when charge on the land if the legatee die before the time of  payment it shall never be raise and of this opinion be Lord Chan king and  decree accord vide vent Pawlett and Pawlett vern vern die pl b salk
a legacy out of a rentcharge shall carry interest but then it must be only in  proportion to what the rentcharge bring in not more and if there be a surplus  beyond the rentcharge that must go to the heir at law per sir Joseph Jekyll  master of the roll east Stonehouse and ux and sir John Evelyn will Rep
a legacy Payable at a certain time shall notwithstanding carry interest only  from the time it be demand per Lord keep wright east Jolliffe and crew Prec in  Chan
a legatee half brother to the testator have not notice of his legacy which be  pay within a year after testator death till the executor publish it in the  gazette and then he demand it the court equity case abridge will not give any  interest not so much as from the time of the bill exhibit nor will they give  cost even out of the asset but the bare legacy Trin knap and Powell Prec in  Chan
a lend money on a mortgage of land in Middlesex and the mortgage be duly  register afterward b lend money on the same security and his mortgage be  register then a advance a far sum upon the same land without notice of the  second mortgage and it be hold by Lord Chan king that the registry of the  second mortgage be not constructive notice to the first mortgagee before his  advancement of the latter sum for though the statute avoid deed not register  as against purchaser yet it give no great efficacy to deed that be register  than they have before and the constant rule of equity be that if a first  mortgagee lend a far sum of money without notice of a second mortgage his  whole money shall be pay in the first place Nov Bedford and backhouse well  Bacchus ms Rep h mortgage money TO who TO be pay and what Act will discharge a  mortgage
a lend money on bind to b who die intestate c take out Administration to he  after which c die a take out Administration de good non c to b and be  determine inter all that a may out of the asset of b retain for such bind debt  contract before he take out Administration and though a happen to die before  equity case abridge er p he have make any election in what particular effect  he will have the property alter yet the court say it must be presume he will  elect to have his own debt first pay and this be presume there will remain no  difficulty as to alter the property for as the executor of a be to account for  the asset of b they must on the account deduct to the amount of the money lend  by a to b at the roll mich week and core will Rep in a note
a lend money on bind to b who die intestate c take out Administration to he  after which c die a take out Administration de good non c to b and it be  determine into all that a may out of the asset of b retain for such bind debt  contract before he take out Administration and though a happen to die before  he have make any election in what particular effect he will have the property  alter yet the court say it must be presume he will elect to have his own debt  first pay and this be presume there will remain no difficulty as to alter the  property for as the executor of a be to account for the asset of b they must  on the account deduct to the amount of the money lend by a to b mich week and  gore at the roll will Rep in a note
a lend money to b and c on their bind b become a bankrupt and the commissioner  assign his estate in trust for his creditor a sue the bind against c and get  judgement take he in execution and c thereupon pay a pound but c be old and  very poor a consent to discharge he out of custody Harcourt c decree a the  petitioner and the obligee in the bind to come in as a creditor for a moiety  of what remain due on the bind for the execution against c be subsequent to  the assignment of the bankrupt estate shall not at least in equity discharge  a s demand out of the bankrupt estate but in regard each in equity be liable  but to half the debt and c be not the original debtor for the whole a shall  only have relief for a moiety a of his remain debt against the assignee but  his lordship say have the bankrupt be the original debtor and have borrow all  the money then a shall have come in before the assignee as a creditor for all  his debt Trin ex part smith will Rep a Q why shall not the petitioner in this  case be allow to come in for the remainder of his whole debt out of the effect  of the bankrupt since each of the obligors be liable to he for the whole  ibidem in a note by the editor
a lend money to b to carry on certain building and take a mortgage from he to  secure pound with interest and by another deed execute at the same time take a  covenant from b that he shall convey to he if he think fit ground rend to the  value of pound at the rate of twenty year purchase and on a bill bring to  redeem the master of the roll decree a redemption on payment of principal  interest and cost without regard to that agreement but set aside the same as  unconscionable for a man shall not have interest for his money and a  collateral advantage beside for the loan of it or clog the redemption with any  ByAgreement mich Jennings and ware vern if the condition of a mortgage be that  the mortgagor shall redeem during his life or that the mortgagor and the heir  of his body shall redeem yet equity will admit the general heir of such  mortgagor to a redemption because this can be no purchase since there be a  clause of redemption and when the land be original only a pledge for money if  the principal and interest be offer the land be free and it will be very hard  that it shall be in the power of the scrivener or jvvg usurer by such  impertinent restriction to elude the justice of the court vern S c Chan can SC  vide Bonham v Newcomb infra pl but if a man borrow money of his brother and  agree to make he a mortgage and that if he have no issue male his brother  shall have the land such a agreement make out by proof may well be decree in  equity Howard v Harris vern per north Lord keeper vide Bonham v Newcomb infra  pl a in consideration of pound make a absolute conveyance to b of the  ReVersion of certain land after two life which at that time be worth little  more and by another deed of the same date the land be make redeemable any time  during equity case abridge er p
a lessee for year under a certain rend and covenant to repair make UnderLeases  the premise not be repair nor the rend pay a reentry be make and the original  lease I avoid six of the UnderLessees have bring a bill against the head land  ord and first lessee all the court hold that there can be no decree to  apportion the head landlord rend nor any relief for the plaintiff but on their  payment of the whole rend in arrear and repair all the premise but have so do  they may come el the rest of the undertenant to contribute Webber v smith vern  SC ante Eq can Abr equity case abridge er p equity case abridge cap l tithe a  tithe of what thing due and by who to be pay b of a modus a tithe OF what  thing due and by who TO be pay
a lessee of land to he and his heir for three life assign the whole estate  reserve a rend to he and his executor administrator and assign proviso that on  nonpayment he and his heir may reenter and the assignee covenant to pay the  rend to a his executor and administrator per cur it be a plain case and no  need of mooting it here be no reversion to the assignor and the rend be by  express word reserve to the executor the proviso for the heir to reenter be  equity case abridge not material as long as the reservation of the rend be to  the executor for in such case the heir be a trustee for the executor bill  dismiss with cost per his honour Trin afterward this matter come on again  before Lord king who say that if the reservation be void yet the covenant must  be plain good which be to pay the rend to a his executor c but the court  incline that here be no reversion the rend during the three life may be well  reserve to the executor and at length decree it to the executor Trin Jenison  and Lord Lexington will Rep
a letter write from a father to his daughter by which he agree to give her  pound portion and this letter not show to the man who afterward marry the  daughter this do not take the promise out of the statute of fraud Trin Ayliffe  and Tracey will Rep Mod SC V p Eq can Abr c where this p be state more full
a limitation to one to take and enjoy the profit of a estate during his life  and after his decease to the heir male of his body will make a estatetail  where nothing appear that explain the testator intention to the contrary  otherwise not mich Geo c b white and Collins Comynss Rep
a long term of year be vest in the husband in right of his wife he make a  under lease for ten year and upon borrow money of the lessee covenant to grant  he another lease to commence after the end of the ten year and to continue  during the time he have any right but die before he make such lease decree at  the roll that this covenant be a good disposition of the say term in equity  because the husband have a power to dispose of it and that the vide Poph and  vern covenant be such a Lien as bind the right in who hand soever it go Trin  Geo stead and Cragh Mod note it be not pray in the bill that the defendant the  husband be widow shall be oblige to carry this covenant into execution but  that the court will declare it to be a good disposition of the term in equity  and thereupon to grant a injunction against the defendant who have bring a  ejectment note also that the widow do not claim either as executrix or  administratrix but by virtue of that right which she have paramount that of  her husband and therefore demurrer to the bill suggest that if there be any  such covenant it be only a bare agreement between the party and rest in  covenant which can only charge the executor or administrator of the covenantor  and that the bill may be dismiss with cost but it be decree as above ibidem
a make a absolute conveyance to b for pound b execute a Defeazance upon  payment of pound within six year and after on marriage settle it as a absolute  estate on his wife and issue there be proof that a make the conveyance to  enable b to get a fortune though that be another lady and not the wife b real  marry it be decree that a be bind as sharing in sin and this decree be affirm  by eight lord against seven Cowper and Harcourt against the decree Parker for  it Jan Webber and farmer vin Abr pl cite as a ms Rep say to be Lord harcourt  title fraud and say there be add a note in the ms that the wife be father have  notice of the defeasance before the settlement make ibidem SC bro p c
a make a conveyance to b with power of revocation by will and limit other use  if a dispose to a purchaser by the will another purchaser subsequent be intend  to have notice of the will as well as of the power to revoke and this be in  law notice and so it be in all case where the purchaser can make out a Title  but by a deed which lead he to another fact the purchaser shall not be a  purchaser without notice of that fact but shall be presume cognisant thereof  for it be Crassus heedlessness that he seek not after it mich car more and  Bennett Chan can Bovey v smith vern Anonymous ibidem S p draper v Yardley vern  S p b how far a man be affect who act against express notice or contrary TO  what tie be oblige TO take notice OF at his peril
a make a jointure of a equity of redemption and afterward become a bankrupt  the commissioner assign this equity of redemption and the assignee state a  account the jointress bring her bill to be relieve allege combination between  the assignee and the mortgagee and that they bad allow more money than be due  on the mortgage ld king the assignee stand in the place of the husband and the  account state by they ought to be as conclusive as if state by the husband and  the bill be not right in charge a general fraud in the state of the account  but plaintiff ought to have assign particular error in the account however the  plaintiff have leave to amend her bill knight and bampfield vern
a make a mortgage for year to b for who in assign the term to c for pound b  die c bring a bill against a to foreclose and though but a derivative  mortgagee yet he do not make b s representative party which he ought to have  do for b have a right to redeem c and to prevent another account as to what be  due upon the original mortgage his representative ought to be before the court  per king c mich Hobart and abbot will Rep bill for a redemption defendant in  his answer set forth that he be only a trustee for a object at the hear that  the beneficiary and trust shall have be a party and as plaintiff may have  amend this be disclose in the answer the bill be dismiss m whistler and web  all in scacc bunb Rep
a make a purchase before a master in chancery for and deposit upon it be be  pray that a may complete his purchase he offer to lose his deposit and not to  proceed decree by Macclesfield c that a shall lose his deposit and be  discharge of his contract mich Savile and Savile will Rep and p in a note say  that the same point be determine some little time before in merret and Bennet  and dr Tennison and Lord Bulkley his lordship observe that a court of equity  ought to take notice under what a general delusion the nation be at the time  of this contract make videlicet in the SouthSea year when people put imaginary  value on estate ibidem it be a know and establish rule in equity that from the  time of the contract the vendor be a trustee for the vendee till the  conveyance be execute and if the vendor shall afterward sell the same land to  another have notice of the precedent contract equity still transfer the trust  and the first vendee may in such case bring his bill against the second vendee  for a specific performance mich Geo Mod
a make a settlement to the use of himself for life remainder to the use of his  first son in tail male remainder to trustee for forty year remainder to  himself in fee the term be declare to be a trust that in case it shall happen  that the say a shall die without issue male of his body then the trustee shall  raise pound for daughter portion Payable at the age of twentyone or marriage  with a provision for maintenance in the mean time the wife die leave two  daughter and no issue male and it be resolve that the right to the portion be  vest by the mother death without issue male in the life of the father for  equity case abridge otherwise the father may live so long that the portion may  be of little service greaves and Mattison Jones SC cit vern
a make a settlement whereby he create a term for year in trust to raise pound  apiece for his two daughter one of they marry b and he and his wife bring a  bill and have a decree to have the pound raise and pay but before it be raise  b assign the benefit of this decree to one I S in trust for payment of his  debt and make he executor and die leave his wife and one child unprovide the  creditor bring a bill to have the benefit of the say assignment and though it  be insist upon in behalf of the wife that there be a difference between a term  trust to raise a sum of money for a woman and a trust of the term itself for a  woman yet the master of the roll hold that this be a term for year and not a  sum of money and therefore not to be distinguish from sir Edward turner and  must decree it though against his conscience that there may be a uniformity of  judgement Trin Walter and sander but for this vide letter l Eq can Abr
a make a voluntary settlement of a estate in Ireland about pound per Ann after  his own death on b and the heir of his body b afterward agree that a shall  have this estate again grant he a rentcharge of pound per Ann out of the same  but never deliver up the settlement deed nor make any conveyance of it then a  for pound purchase of and b release pound per Ann of this annuity after this b  without consideration on a s application release the other pound per Ann then  a die and his devisee bring his bill to have a reconveyance of this estate and  the settlement deliver up which be decree accord by Lord keeper for a  voluntary settlement may be surrender voluntary and such surrender may be aid  by a court of equity hill Wentworth and Deverginy Prec in Chan a second  marriage settlement be recite to be make in consideration that the wife have  part with the former settlement which appear to be make after the marriage but  be recite to be in consideration of a marriage portion secure but no proof of  any previous agreement equity case abridge for such settlement yet the court  presume it and so the second not voluntary against BondCreditors mich anon  Prec in Chan equity will never help a defective conveyance without  consideration as if a man voluntary make a conveyance to another of his estate  and it prove defective by if it be for money marriage jointure c and whereas  it be affirm at the bar that equity will compel a execution of a trust declare  express though with out consideration the Lord keeper answer that he do not  think so true mich W anon Mod
a make a voluntary settlement on her nephew b and keep the same in her own  possession but the settlement be make without any power of revocation and  sometime after the nephew be father by stealth and without a s privity get  equity case abridge er p at this settlement and have a attest Copy thereof put  up the deed there be two part where they be before place by a and a burn these  deed and settle the estate on c another nephew b bring a bill to establish the  first settlement which be dismiss with cost and after c claim under the  AfterSettlement bring a bill to have the attest Copy deliver up and it be  decree accord because it be indirect gain mich Naldred and Gilham will Rep SC  at the roll easter Geo his honour hold that the plaintiff ought to have relief  though claim under a voluntary conveyance for that the suppress and destroy  the deed be a fraud though do by the grantor herself and though the defendant  be not aid or abet to it and that a volunteer shall be aid in equity against a  fraud and decree that the plaintiff be quiet in the possession and the Title  deed deliver to he vin Abr in a note to pl
a make a will and a executor and give a legacy of pound to the executor but  make no disposition of the surplus parole evidence of the intention and  declaration of the testator touch the surplus be admit per Lord Chan  Macclesfield hill duke of Rutland et all and duchess of Rutland will Rep
a make b and c his executor and die c obtain a decree against b to hinder he  from receive any more of the personal estate c and a perpetual injunction for  that purpose be grant before any sequestration against b I S who be indebt by  a mortgage of pound to the testator pay the pound to b and have his mortgage  deliver up to be cancel but it appear that he pay the money after notice of  the decree be present at the bear c he be order to pay it over again Trin car  Harvey and Montague vern pound SC SC ante
a make b and c man of good credit his executor c be a banker receive all the  money but b join he in the receipt take his note to show that he receive not  the money and per Harcourt Lord chancellor if two trustee join in a receipt  and one receive the money he only who receive shall be liable if there be two  executor and they join in a receipt and one only receive the money as to  creditor who be to have the utmost benefit of the law each be liable for the  whole though one executor alone may give a discharge and the join of the other  be unnecessary but as to legatee and those claim distribution who have no  remedy but in equity the receipt of one executor shall not charge the other  for the join in the receipt be only a matter of form the substantial part be  the actual receive and have only be regard in conscience mich Ann Churchill  and Hobson salk vide will Rep SC accord but where one make two executor and  devise all his estate to his wife for life and after to be equal divide among  the plaintiff who bring their bill against the executor for a account equity  case abridge and the defendant by answer charge themselves join and discharge  themselves joint and inter alian charge themselves equity case abridge er p
a make his will and after several legacy give and devise all the rest and  residue and remainder of his personal estate to three person who he make his  executor one of they die in the lifetime of the testator and the only question  be whether the two survive executor shall have the whole or whether the three  part shall be distribute accord to the statute among the next of kin and the  master of the roll on time take to consider of the case and cite most of the  authority both out of the civil and commonlaw be of opinion and decree accord  that the two survive executor shall take the whole Trin hunt and Berkeley at  the roll Hardwicke c east Geo in the case of Owen and Owen say on  consideration of this case he do not think the reason the master of the roll  go upon sufficient to warrant this determination for the next of kin take not  by the intent of the party who make the will but by a legal right arise on the  trust and intestacy ms note vide atk d where the surplus OF the personal  estate belong TO the executor or he be TO be a trustee for the next OF kin TO  the testator
a make his will and b and c executor and leave mrs wife principal legatee b  and c die intestate the wife as principal legatee may take out Administration  in her own name but if she will not her AfterHusband may for the wife can make  a attorney without the husband be consent and though the wife and the  AfterHusband be divorce a Mensa Thoro yet upon a reconciliation though but for  a few day he shall be restore to his right to his wife be estate vest in her  before her second marriage notwithstanding any decree during the divorce to  the contrary hill Geo b r Vanthienen and Vanthienen before the delegate  FitzGibb Rep in this case the AfterHusband cite his wife to take  Administration de good non of her former husband with the will annex or else  if she refuse to show Cause why it shall not be grant to he in her right as  principal legatory in the will of her former husband the wife be allow time  from the that January the time the Cause be hear before the delegate to the  that of April follow to take the Administration and if she fail to take it in  that time that then it shall be grant to her present husband ibidem it be  insist that if there be not a residuary legatee in a will the principal  legatory be to be consider in the same case and equal with a residuary legatee  to be prefer to the next of blood ibidem
a make his will and give several legacy and make b his kinsman executor and  residuary legatee great part of his estate consist in eastindia stock and he  by his will direct his executor to turn his estate into money as soon as  convenient may be eastindia stock bear then a good price and several of the  legatee call for their legacy and the executor take the estate to be  sufficient to pay they all give they bind for their legacy but keep the stock  so long till it fall so low that he have not asset to pay the legacy and the  executor bring his bill to have those to who he have give bind for their  legacy abate and that those that be unpay may take their legacy in proportion  at theRate the stock be then at but my Lord keeper will not give he any relief  against those that have bind and as to the other he be to answer for the stock  at the value it be of at the end of the year after the testator death hill  Keylinges case
a make his will and thereby give the plaintiff the great part of his personal  estate to the value of pound as be prove in the case but one b his maid  servant have in his sickness prevail on he as be allege to make another will  and to marry her a week before his death when he lie in his sick bed at six of  the clock at night though it be real prove by two minister that she be a year  before actual marry to the defendant m and be then his wife and that m procure  the licence for the marriage of a to b and this will be set up by m executor  to b though it appear there be as gross a practice as can be in gain the will  the testator be non compos both at the time of make this will and also at the  time of this suppose marriage and that in his health he know that m and b be  marry and that b suppress the first will yet that will so set up be prove in  the prerogative court and the matter in question be pure relate to the  personal estate the Lord Chan be of opinion that while that probate stand this  matter be not examinable in chancery and though the fraud be full prove and be  open to he he will not hear any proof read but dismiss the bill Trin archer  and moss vern SC ante Eq can Abr vide plume v beal p wms Eq can Abr
a make his will and thereof his brother executor and devise unto his executor  all his estate both real and personal and four year afterward he marry and  then by a codicil make his wife his executrix and the question be whether the  brother shall have the personal estate and it be urge that he shall for he do  not take it as executor only but by express word of gift in the will and it  appear that there be not only a benefit intend he as executor for even the  real estate be devise to he but it be in proof that he have not any the least  real estate in the world it be say by my Lord chancellor that the personal  estate be design he only as executor and it be thereupon decree for the widow  the executrix mich Wilkinson and vern
a make his will to the effect follow I dispose of my estate aftermentioned and  what else I have in the world in manner and form follow and then give several  legacy to his relation amount to near the value of his estate as appear by a  calculation of his own handwriting by he about that time make and make b and c  executor and give they pound and entreat they to take the trouble of get in  his estate the testator live ten year after and acquire a additional estate  and die not have alter nor new publish his will and on a bill bring by the  next of kin against the survive executor it be decree that the survive  executor be but a executor in trust and that the new acquire estate shall go  to the legatee in proportion to their legacy Trin Cordell and noden vern  decree by the lord commissioner and Rawlinson rest much on the word I dispose  of my estate aftermentioned and what else I have in the world c
a make I S and his widow executor the widow be make executrix upon condition  that she do not marry they exhibit a bill and pen the Suit the widow marry and  it be adjudge upon a reference to Bridgman c I that the widow marriage abate  the suit although it be urge that her executorship be only conditional car  Hamden and brewer Ch group of musical notes can if any of the party plaintiff  or defendant die or if a feme plaintiff marry regular the suit abate but with  respect to a abatement by the death of the party it must be by the death of  such as be so far material party and concern in interest as to make it  necessary to have their representative before the court before there can be a  final determination of the Cause
a man be a guardian or trustee for a infant to who land be descend or devise  but the Title be in fact in a three person if the trustee or guardian buy in  the Title of this three person this shall not be take to be a trust for the  infant for he be at liberty to purchase it as well as any body else and so it  be hold in grammatical case comb and Throckmorton per Lord chancellor east  Freem Rep
a man be guardian or trustee for a infant to who land be descend or devise but  the Title be in fact in a three person but if the trustee or guardian buy in  the Title of this three person this shall not be take to be a trust for the  infant for he be at liberty to purchase it as well as any body else and so it  be hold in the case of comb and Throckmorton per Lord chancellor lesley case  at the roll east Freem Rep
a man borrow a sum of money on the mortgage of a ship and covenant that  whatever money the mortgagee shall advance for insurance of the ship in a  voyage she be then about to make he will repay but there be no covenant for  repayment of the principal money itself the mortgagee insure the ship and the  mortgagor repay he that money then the ship proceed on her voyage and return  home and be afterward to go out on another voyage the mortgagee treat with a  person concern the insurance but can not agree for the rate and thereupon the  ship go out and be lose in the voyage and now between the mortgagee and  theExecutors of the mortgagor the question be whether the mortgagee shall come  in for his principal money as a creditor by simple contract and it be argue  that he ought not because there be no covenant for payment of the  mortgagemoney so that he must be suppose to rest himself on the ship only for  his security and that be lose so be his money too but on the other side it be  urge that if he have take no security at all for his money he have then  without question be a creditor by simple contract and sure the take security  ought not to put he in a worse condition especial now that the security be  lose and go his debt rest whole on the simple contract and of the same opinion  be ld Chan Harcourt and pronounce his decree accord Thomas and terrey pale  yellow Eq Rep S c m I Geo
a man buy copyhold land of the nature of borough English in the name of his  old son but there be no declaration of trust in write but the plaintiff will  have have it as a trust for the father who as well as the old son be both dead  it be agree the father pay the purchasemoney and many witness be examine on  both side and act of ownership as receipt of rend repair c prove in both  father and son so that the proof as to that matter seem to be pretty equal but  there be no declaration in write that it be a trust for the father the court  decree it a advancement for the son which be affirm in the house of lord Trin  shall and shall Freem SC and decree it be a settle rule that whenever a father  purchase in the name of a child unprovide for it be intend a provision and not  a trust unless it be otherwise prove and the proof lie on the plaintiff this  be hold so before the statute of fraud c and be strong since because  declaration of trust ought to be in write though in other case a trust will  result where it appear that another pay the money per cur ibidem
a man by will devise all his good in such a house to g for life and after his  decease to the heir of I S and the point be whether he that be heir of I S  shall take these good as devisee and the say good go to his executor although  such heir die in the lifetime of g or whether he that be heir to I S at the  time of g s death shall have they and though it be urge that these good be  only the furniture of the capital house yet ld Chan be of opinion that they  absolute vest in he that be heir of I S at the time of his death and decree  accord Danvers and earl of Clarendon vern
a man can sue in the chancery at Chester for a thing which in interest concern  the chancellor there because he can be his own judge and therefore he may in  this case sue in the chancery of England otherwise there will be a failure of  right sir John Egerton and Lord Derby   if a man have cause to complain in  equity of a matter arise within the county palatine of Chester if the  dependant life out of the county palatine he may be sue in the chancery here  or otherwise there will be a failure of justice for proceed in equity bind the  person only if the person life out of the jurisdiction of the chamberlain of  Chester there can be no relief there ibidem a bill be exhibit to have a  account of the profit of land which the defendant have receive on trust for  the plaintiff during his minority and for money receive on bind belong to the  plaintiff and for write the defendant equity case abridge er p Edgeworth v  Davies equity case abridge er plead that the land lie in Cheshire and that he  live in Cheshire in the county palatine of Chester and therefore not within  the jurisdiction of this court and though precedent be order to be search and  on view of they a master certify that the privilege of the county palatine be  Allowable between party dwell in the same county and for land there yet the  plea be overrule hill car Edgeworth and Davies Chan can Freem July car SC and  p
a man can traverse that which be not allege a action of debt be bring upon a  obligation bear date the that day of June year Elizabeth and deliver the that  day of the same month in the same year the defendant plead that be make the  aid deed the say that day of June and then deliver it at which time he be  within age and that he do not come to full age until the day of the same month  without hoc quod deliveravit c after which he come to full age and it be move  by Harris that the plea be not good because that that be a traverse to that  which be not allege sure the full age but only if it be deliver the day or not  that be only traversable Warberton the plea be good enough for the day of the  delivery be not material but if at the same time he be within age or of full  age and it may be the defendant do not come to full age of a month after the  day wherefore for we to be bind to a day certain will be inconvenient and upon  that vouch h where the confirmation of patron and ordinary which bear date  before the grant of the parson be plead prim deliberate day after the grant of  the parson and the defendant plead that it be deliver the day that it bear  date without boo that it be deliver after the grant by which c Walms that the  say book be express in the point and so h Wheelers case so all the matter be  if he be within age or at full age at the time Anders on you may by  protestation that it be deliver the day without hoc that he be of full age at  the time and to that the court agree wherefore it be so plead
a man covenant that his estate be free from encumbrance except a estate for  life the tenant for life die leave a widow who by the custom of the manor be  entitle to hold bring her widowhood this be adjudge not to be a breach of the  agreement Twiford v Warcup cit vern vide f inch c r c r equity case abridge er  p equity case abridge cap V amendment a in what case TO be allow
a man devise all his land for the payment of his debt and devise a annuity out  of a certain town which the trustee sell and it be decree that the annuity  shall issue out of the other land unsold there be sufficient to pay the debt  mich car Lord Kennoule and earl of Bedford all Chan can
a man devise all the arrear now due and unjust detain from I by the dean and  chapter of York to be employ in a certain charity and the question be whether  the arrear incur after the make of the will and a small time before the death  of the testator and which be never demand by the testator shall pass and per  ld king not for though a general devise of all a man good will carry all he  have at his death though purchase after the make his will yet here it be  confine to the arrear due at the make the will decree Trin attorneygeneral and  bury
a man devise certain land to his wife till his son and heir apparent shall  attain to his age of twentyone year and when his son shall attain to his age  then to his son and his heir and die the son live to the age of thirteen year  and then die and the wife suppose that she have a Title to hold the land till  such time as the son will have attain his age of twentyone year in case he  have live to that time continue in the perception of the rend and profit of  the say land for several year and the bill be bring against her by the heir at  law of the son to have a account of the rend and profit from the death of the  son and though the wife be executrix likewise of her husband yet it not be  devise during that time for payment of debt nor any creditor or want of asset  appear it be hold by ld Chan that the wife be estate determine by the death  the son and that the remainder vest present in the son upon the testator death  and be not to expect till the contingency of his attain his age of twentyone  year shall happen for then in this case it never will have vest be die before  that age and therefore decree the wife to account for the profit from the time  of the son death and upon a rehear his lordship continue of the same opinion  and ground himself on the distinction take in   Borastons case and   a bp of  bath case hill Manfield and dugard pale yellow Eq Rep SC in as many word if a  copyholder devise his land to a and b his two son and to the heir of their two  body beget and will that each of they shall enter at the age of twentyone year  the executor shall not take the profit till they be both of full age but he  who come of age first shall enter and then the other when he come of age and  they shall hold the land joint cro James Yelv vide Bulst content equity case  abridge er p
a man devise his copyhold be borough English to his old son and devise house  to his young son which house be soon afterward burn down and never enter upon  by the young son and as this case be circumstance the court will not supply  the want of a surrender in favour of the old son Paso Cooper and Cooper vern
a man devise his estate to his wife for life and after her decease to his son  t his heir and assign for ever provide if t die without issue of his body then  he bequeathe unto his daughter m and e pound to be equal divide between they  and to be pay out of his estate within six month after the decease of the  survivor of the wife and son the wife die and t die leave issue who die within  three month after the father and Lord Harcourt hold that this personal legacy  can not be intend to arise upon any remote contingency than that of t s die  with issue live at his death and therefore dismiss the bill which seek the  benefit of it Trin Nichols and Hooper vern will Rep SC easter say niece and  that in default of payment the testator devise the land to the legatee for  payment but as to this it be hold that with respect to the legatee if the  legacy take any effect the word of the will pass a legal interest and the  court do not hinder the plaintiff from proceed at law in a ejectment but  dismiss the bill Eq can Abr pl say Goddaughters moreover it be there mention  that the decree be reverse in dom proc
a man devise his land for the payment of his just debt the testator while a  student at Cambridge but of age have by surprise be prevail upon to give a  covenant for payment of a portion to his sister but he afterward contest this  debt and though he be decree to levy a fine to subject land for the payment of  it yet he refuse so to do per cur this be a just debt shall be pay though not  perhaps within the intent of the provision decree hill Lord Hollis and lady  car vern if one by will or deed subject his land to the payment of his debt  debt equity case abridge er p
a man devise land call S to his young son and declare that if he shall any way  be hinder from enjoy they then in lieu thereof he shall have all the land at b  a moiety of the land call S be evict from the devisee who thereupon insist to  have the whole land at b but the court decree that he shall have as much of  the land only at b as be equal in value to those evict mich tile and tile vern
a man devise land to his wife until his son shall attain the age of twentyone  year and then to his son and his heir the son die at the age of thirteen the  question be if the estate devise to his wife do determine by the son death or  shall continue till the son may have attain his age of twentyone year by the  effluxion of time Harcourt c be of opinion that the wife be estate do  determine by the death of the son and differ from Borastons case vide Vol Abr  Eq can   for there the devise be to executor for payment of debt otherwise  unprovide for but here the wife come in for her three and that be a sufficient  provision for her in the eye of the law decree accord hill Ann Mansfield and  Mansfield vin Abr pl
a man devise to his executor and their heir pound per Ann during the life of b  to be for the separate use of the wife of r the wife of r die in the lifetime  of b and it be decree that the pound per Ann shall be pay to her executor  during the life of b Rawlinson v Montague vern
a man devise to his niece all his good chattel householdstuff furniture and  other thing which then be or shall be in his house at the time of his death  and some time after die leave about in ready money in the house and it be  decree that this ready money do not pass for by the word other thing shall be  intend thing of like nature and species with those before mention mich  Trafford and Berrige
a man devise to the now defendant by the name of his young son John and his  heir all his estate in W and in case his son shall not live to attain twenty  one leave no issue lawful beget he devise the estate to the plaintiff e his  old daughter and the heir male of her body with like limitation over to his  other daughter and in case his son shall attain twentyone then he devise the  estate to be sell and the money arise therefrom he devise among all his  daughter as a augmentation to their fortune there be a great deal of timber  upon the estate which John the son be cut down and now they move for a  injunction to stay he and Lord Chan Hardwicke be of opinion that he ought to  grant a injunction his lordship say he think John be to be consider as a  trustee of the inheritance for the benefit of the daughter and that it be the  intention of the testator he think to give he the beneficial interest but that  it will be strange if he be to take away under such a devise the great part  perhaps of the estate his lordship say that though there have be no case  determine where this equity case abridge er p court have grant a injunction to  stay waste for a infant in ventre sa mere yet he shall not scruple to do it if  such a case shall happen and that he shall be incline to restrain a heir at  law in case of a executory devise injunction grant and make perpetual the  particular reason upon which his lordship find his judgement he declare to be  because he look upon the devisee John as a trustee by the intention of the  testator Dec Robinson and Lytton at Lincoln inn hall vin Abr pl atk Rep pl for  more case relate to injunction vide bunb Rep b what shall not be a breach OF a  injunction
a man die intestate leave a brother of the whole blood and sister of the half  blood and it be hold that the sister of the half blood shall come in for a  equal share with the brother of the whole blood smith and Tracy Mod vent lev  cite Winchelsea v norcliffe vern vern S p crook and watt a resolve and affirm  in the house of lord on great debate show p vent S c a Freem SC say the court  be of opinion accord to the late resolution that the half blood be in wicker  basket step and ought to have a whole share
a man enter into a bind condition to leave his intend wife pound the husband  mortgage his estate and die and it be decree that though the bind be by law  void be extinguish by the marriage yet it shall be make good in equity and  that the wife may redeem and hold the land till she be satisfy her debt hill  Acton and pierce vern Prec in Chan S c under the name of Acton and Acton  equity case abridge g in what case the husband must make a suitable provision  on his wife when he sue for her fortune a man sue in the spiritual court for  his wife be portion and the court of chancery grant a injunction to stay  proceed till such time as he have make a competent jointure Tanfield v  davenport tooth
a man enter into article with his intend wife to settle certain land on her c  the marriage be solemnized and the husband die before any settlement make yet  it be decree that the heir of the husband shall execute the agreement though  it be urge that the marriage be a Waver of the benefit of it and a release in  law mich car Haimer and Haimer vent
a man find a charity for almshouse the founder and his heir have a right of  nomination of these AlmsPeople but may forfeit it by a corrupt or improper  nomination of such as be not fit object of the charity or by make no  nomination at all but this neglect of nomination must be after such time as  the founder c have have notice of the vacancy and without proof of such notice  it be no fault by Lord Chan Parker attorneygeneral and leigh Trin will Rep in  a note a
a man have a mortgage for year make his will and thereby devise all his  personal estate of what nature soever to his executor in trust for the payment  of his debt and afterward devise the residue and overplus of his say personal  estate to his two daughter equal to be divide between they and die the debt be  satisfy the daughter contract with the mortgagor for the purchase of the  equity of redemption to they and their heir one of the daughter devise her  share and interest to the plaintiff and die and it be hold that this purchase  of the equity of redemption and inheritance be a tenancy in common the  mortgage devise to the two daughter be so and this purchase be find on the say  mortgage decree pasch Ann Edward and fashion Prec in Chan SC and decree per  master of the roll
a man have devise pound per Ann for a lecturer in polemical or casuistical  divinity so as he be a bachelor or doctor in divinity and fifty year of age  and will read five lecture every term and will at the end of every term  deliver fair copy of the same to be keep in the university and in default of  such lecturer he give pound per Ann to college in oxon with the consent of the  heir application be make to mitigate the rigour of the qualification videlicet  that a man age forty may be capable that three lecture may be sufficient every  term and that if fair copy be deliver once in every year it insuffice but ld  Chan refuse to intermeddle though no opposition be make a say that it be not  in the power of the heir to alter the disposition of his ancestor Paso  attorneygeneral on the behalf of Peterhouse college in Cambridge c v the  Margaret and Regius professor in Cambridge c vern equity case abridge if  trustee underlet the land and make a lease good by law yet the commissioner  may make this lease void and order the settlement of the land on other trustee  duke be Char use
a man have grant to I S common in his down for sheep and five ram the bill  complain that the grantor overstock the common so that the plaintiff the  grantee can have no benefit of the grant and pray the grantor may be enjoin  not to overstock c but upon debate the court dismiss the bill for a commoner  may have a action if the Lord or any other person surcharges the common f n b    S p mich fine and Cob vern
a man have issue a son and a daughter the daughter be marry and have issue two  daughter the father devise that all his land shall descend to his son provide  that if his son die without issue of his body then my land to go to my right  heir male of my name and posterity for ever the son die without issue and upon  ejectment between the brother of the devisor and the daughter this be hold a  void devise because neither can claim under the description of the will not  the brother because equity case abridge though he be of his name yet he be not  his heir and though the daughter be his heir yet they be not of his name and  so not within the word of the will and consequent the limitation void for the  uncertainty Counden and clerk hob this resolution be find on a rule lie down  in the old book Viz that he who take by description or purchase as heir must  be heir general or complete heir for instance if land be devise to the heir of  I S and I S be live at the death of the testator the devise be void for non be  hres to live so if land be devise to the right heir male of I S and the heir  of I S be a female the devise be void or if the devise be to the heir female  and the right heir have be a male it will be void in the same manner to which  purpose salk floor   light b Leon dyer hob   archer case   shelly case but  notwithstanding these authority this doctrine have be shake by the follow more  modern resolution in which it be hold that a special heir may take by purchase  and that a description of a person by the name of heir though not heir general  operate with the intention of the testator be sufficient to ascertain the  person to take but salk Hargr   light b note if a man devise land to a and his  heir during the life of b in trust for b and after the decease of b to the  heir male of the body of b now live a have in one son then live by this devise  a remainder be immediate vest in the son equity case abridge er p
a man have issue a son by the first venture and two son and six daughter by a  second wife settle his estate in question on his old son by his second wife in  tail male remainder to his second son by his second wife and the heir male of  his body and in default of such issue to the son by the first wife provide if  both his son by the second wife die without issue male so that the estate come  to the old son that then his old son or his heir shall within four month after  the estate come to he or they pay pound to his daughter or in default the  trustee therein name to enter and raise it the son by the second wife enter  and suffer a recovery of one moiety of the land and die without issue and the  other son by the second wife die also by which one moiety of the land come to  the heir of the old son by the first wife and the moiety thus descend be  decree liable to the whole sum of pound although it be object that the estate  never come to the old son and though a moiety come to his heir yet as so great  a benefit do not accrue to he as be intend he shall be only answerable in  proportion mich Hooley and booth vern equity case abridge er p
a man make a settlement on the marriage of his son with one b and inter all  there be this proviso provide that if the say b shall happen to survive her  husband not have issue or without issue of their body lawful beget between  they then b to have power to sell and dispose of such land the husband die  leave issue some year after that issue die without issue and then the wife  sell those land and it be hold that her power equity case abridge take effect  though the husband do not die without issue at the time of his death pasch  holt and Bureigh call in Vernon burley vern
a man make a settlement wherein be a power that he may from time to time by  deed or write under his hand and seal revoke the use thereof and by the same  or any other deed limit and declare new use in pursuance of this power he  revoke the old use and by the same deed limit new use without annex any new  power of revocation to those new use afterward think he have by virtue of the  first settlement a power of revocation so often how often he by another deed  revoke the last use and again declare other use of the same land and if he  have such power be the question it be agree he may in the deed of revocation  have annex a power of revoke the use thereby declare and may afterward have  execute that power accord but in this case there be no such new power of  revocation annex to the new use it decree that his power of revocation by the  first deed be execute and at a end and by consequence that the revocation  afterward be without any warrant and so the use limit upon the first  revocation must stand and this decree be affirm in the house of peer Trin heli  and bind Prec in Chan SC and decree and add that this case be agree in dom  proc to be entire a new case and that it be very elaborate argue on both side  b OF the right execution OF a power and where a defect therein shall be supply
a man make a settlement with power of revocation and limit new use in the  presence of two or more witness and he revoke and limit new use by his will in  the presence of two witness and decree by Lord chancellor to be good enough  for the appoint three witness be only that there may be clear proof that it be  do and here it be clear enough though here be only two witness hill anon Freem  Rep this seem to I to be the case of sail and Freeland vent vide I Vol Abr Eq  can
a man make a voluntary settlement on his son for life and after to his first  and other son in tail with power for the son to make a lease in possession for  ninetynine year determinable on three life and also to make lease for sixty  year to commence after his death if he have issue male to continue so long as  he have issue male the son make a lease to his father in trust for one of his  young child but the lease be not pursuant to the power yet it be decree good  and take to be as a lease make by the father after a voluntary settlement mich  gooding and gooding equity case abridge er p
a man ought not to be condemned to pay cost in this court for insist on a  right which the law give per king c mich brown ux and Elton will Rep
a man possess of a term devise it to a infant en ventre sa mere if it shall  equity case abridge er p be a son and if it shall be a son and die during his  minority then he devise it to his grandson after which he die equity case  abridge leave his wife executrix and the child be after bear and prove a  daughter and it be adjudge upon a special verdict without argument that the  executrix and not the grandson shall have the term because the grandson be not  to have but upon a precedent contingency videlicet the birth of a son and his  die in his infancy which condition must be first perform and it appear plain  that the intent of the testator be that he shall not have it otherwise Trin  Grascot and warren Mod
a man possess of a term for year determinable on life devise pound per Ann to  I S to be pay half yearly if the beneficiary and vie shall so long live I S  die during the life of the beneficiary and vie and it be decree that the rend  shall not be determine by his death but shall go to his executor and be pay he  during the term Gosley v Gilford vern vide I Ro Abr where it be hold that if a  man possess of a term grant a rend general without limit any estate the rend  shall continue during the whole term
a man seize in fee devise his land in trust to sell part for payment of his  debt and till his debt be pay to pay pound per Ann to his natural daughter m  and after the debt pay pound for her life and if she have child to convey  successive to those child but if she die without issue then to convey to the  old son and heir of I c his nephew and the heir of his old son but if he claim  any thing during the life of m then both father and son to be exclude from  have any thing out of his estate the old son of I c be a who have two sister b  and t a die leave issue I who in the life of m devise the land in question to  I S and die without issue and after the death of m without issue the trustee  convey to the sister of a and their heir and the question be between the  sister and the devisee of I it be decree by the Lord keeper Treby chief  justice and baron Powel that this be but a mere possibility during the life of  m the devise be void and the land well convey to the sister b and t Trin W  bishop and fountain lev
a man seize in fee devise to I b for his life only without impeachment of  waste and from and after his decease then to the issue male of his body lawful  to be beget if God shall bless he with any and to the heir of the bode of such  issue lawful beget and for default of such issue remainder to I b and the heir  male of his body and for want of such issue he limit two remainder over in the  same word and it be adjudge that I b take only a estate for life for the  estate be give to he for life and there be a limitation afterward to his issue  which be a description of the person who be to take the estatetail Ann  backhouse and well SC cit ld raym note the strength of the adjudication in  this case be upon this word only per ld Hardwicke vide ves in note
a man seize in fee make a settlement of his land on g his son for life  remainder to his first c son in tail male reversion in fee to himself and  afterward he make his will as follow as touch my land and tenement my will be  that if in son wife die during the life of her husband without issue male that  then he shall have power to make a jointure to any other wife and for want of  issue of his say son then the land shall be and remain to his son by any other  wife and his grandaughter shall have pound and in case of failure of issue  male by his son g then all his land shall go to his grandchild and their heir  share and share alike and the court hold that it can not be make a estatetail  by tack the estate by the will to the estate for life in the settlement on  purpose to support the contingent remainder because the settlement and will be  two distinct conveyance and therefore judgement be give that this be not a  estatetail more and Parker Mod skin Rep S c
a man seize of a copyhold estate borrow of the Plaintiff in and surrender into  the hand of two customary tenant the copyhold in question to be present at any  court after September defeasible on pay the pound and interest the mortgagor  pay interest for four year together but no care be take to get the surrender  present and in the mean time the mortgagor become bankrupt and die intestate  and insolvent after his death the surrender be tender but the homage refuse to  present it because by the custom of the manor confirm by Act of parliament all  surrender be to be void if not present in twelve month after they be make and  ld Chan though he at first doubt decree that the surrender shall be supply  against the assignee mich tailor and Wheeler vern salk pl SC will Rep Prec in  Chan lucas Rep SC cite
a man seize of a reversion expectant on a estate for life devise it and  afterward tenant for life die and then the testator die yet it passes per holt  c I l mich Ann in grammatical case Broneker and coke holt Rep Rep of case in b  r tempt Ann SC and p per holt c I so it be of land in reversion expectant on a  estatetail and before his death the tenant in tail die without issue there  land will pass though a reversion only at the time of make the will because he  be seize at the time as much as he can be and it be a certain present interest  though to commence in going to be and all the estate he can give he intend he  Gibb SC and p per holt I salk SC and p agree per cur a man seize of land in  fee make his will and thereby give several legacy and then bequeathe in these  word I give the rest of my estate chattel real and personal to I S resolve per  Harcourt c that nothing but his chattel pass by the word estate hill Ann anon  vin pl ms Rep SC accord
a man seize of copyhold land surrender they to the use of his will and then by  his will say my debt and legacy be first deduct I devise all my estate both  real and personal to I S and it be hold by ld Chan that this shall amount to a  devise to sell for the payment of debt Paso Newman and Johnson vern creditor  be so far favour in equity that whenever it appear to be the testator intent  that his land shall be liable to his debt equity will make they subject though  there be not express word of charge but note that there must be something more  than a bare declaration that his debt shall be pay otherwise it shall be  intend out of the personal estate and the real will not be liable as appear by  the case on this head
a man seize of freehold and copyhold land devise both for payment of debt and  legacy but the Copy be not surrender to the use of his will and the freehold  be sufficient for the debt a and the question be whether the court will equity  case abridge supply the want of the surrender and lie the legacy on the  freehold and the debt on the copyhold as when there be simple contract  creditor and bind or judgement creditor and personal asset not sufficient to  pay both and the master of the roll hold that the want of a surrender can not  be supply for the sake of the legatee and he say that it be never yet do  especial where the be mere stranger as here and dismiss the bill hill rafter  and stock
a man seize of land which by the custom of the manor can only pass by deed  surrender and admittance and have a natural daughter do by deed in  consideration of pound therein mention to be pay by the say daughter grant and  convey those land to her and her heir and she be admit accord but no surrender  be make of those land as the custom require and at the foot of the admittance  be a proviso that her repute father shall hold and enjoy those land for his  life also in the deed be a covenant for far assurance no money be prove to be  pay by her and it be agree that this conveyance be defective for want of a  surrender the question be whether equity can supply it in favour of a natural  daughter and it be hold that it can not that though her father may be oblige  by the law of nature to provide for her yet here she be to be consider as a  mere stranger to he that though the father may have a great affection for her  yet that be no such affection as will raise a use at law that the covenant for  far assurance be only auxiliary and depend on the original conveyance if that  be void the covenant must be void or repugnant and decree accord mich Fursaker  and Robinson pre Ch pale yellow Eq Rep a defective surrender shall be supply  in favour of a widow and child but not in favour of a cousin a grandson or a  natural child Tudor v anson Ves
a man seize of some freehold estate and also of a copyhold estate devise all  his real and personal estate for the payment of his debt and die without any  surrender of the copyhold estate and the freehold and personal estate not be  sufficient for the payment of the debt it be urge that a surrender shall as  well be supply in this case as if no freehold estate have be devise at all but  ld Chan say he think the precedent have not go so far and that he can not  relieve in this case principal because the testator intention d not appear to  he to pass the copyhold estate by a devise of his freehold a copyhold be of  the low regard and look upon in the eye of the law but as a estate at will  Trin challis and Casborn pre Ch pale yellow Eq Rep
a man who have fall out with his mother settle his mansionhouse on his brother  but first take a bind from he in his sister be name that the brother shall not  permit his mother to come into the house and the bind be decree to be set  aside mich traitor and traitor vern equity case abridge er p e bind give in  fraud OF marriage right and agreement relieve against
a man who lend money to a bankrupt after a Commission sue out against he but  before actual notice of it can come in under the statute as a creditor by two  lord commissioner against one who doubt Hitchcock v Sedgwick vern SC ante Eq  can Abr
a man who live in the province of York die intestate have advance all his  child in his lifetime and it be hold that the personal estate which he die  possess of shall be settle accord to the Act for settle Intestates estate mich  Goodwin and Ramsden vern cite as it seem vern by the name of Ramsden v gudgeon  vide Benson v Benson vern where a person who be a inhabitant of the province  of York die intestate have before his marriage make a settlement on his wife  in bar of her customary share and leave child the question be how distribution  shall be make but there be no resolution the intestate be a inhabitant in the  province of York leave issue a son and equity case abridge er p a daughter  only and no widow the daughter have a portion give her in marriage in lieu and  full satisfaction of what she may claim by the custom of the province of York  the son be also advance by a settlement of land the question be how the estate  shall be distribute for the heir it be insist that now the custom of the  province of York be to be quite lie out of the case and the same distribution  make of the estate as of any other intestate estate and by consequence the  daughter to bring her portion into hotchpot but the heir to have a full share  without regard to what land have be settle upon he but per cur the daughter  must not bring back her portion into hotchpot for that come in lieu of her  customary part and be the price the father think fit to give her for the same  Trin gudgeon and Ramsden vern
a marriage agreement be contain in a condition of a bind videlicet that the  husband shall purchase land of pound value to be settle upon himself for life  remainder to mrs wife for life remainder to the heir male of the husband beget  on the body of the wife remainder to the husband be right heir the old son of  the marriage bring his bill against his father be executor to have the benefit  of this agreement the defendant insist that the father in his lifetime  purchase a copyhold estate which descend to plaintiff and likewise by his will  devise pound legacy to be raise out of land to plaintiff and that this  copyhold and legacy shall be take as a satisfaction of the marriage agreement  especial in this case where the husband and wife be tenant in tail and may bar  the issue Harcourt c decree plaintiff a satisfaction of the agreement in the  bind and pound per cent interest of the pound from his father be death that  the copyhold estate descend to he must be take as a satisfaction pro tanto of  the agreement accord to the value of the land and the purchase money but the  pound legacy be devise out of land be not to be take in part of the  satisfaction as to a conveyance of six acre say to be make by the father to  the plaintiff in his lifetime to inquire whether it be a voluntary conveyance  and then to go pro tanto in satisfaction of the agreement but if the  purchasemoney be pay to the father then to be no part of the satisfaction Trin  Ann Wilks and Wilks vin Abr pl
a marriage settlement be to all the son of the marriage in tail male  successive and for want of such issue to the daughter till the person next in  remainder shall pay they pound on failure of issue male the possession come to  the daughter who insist that they shall hold the land until the remainderman  think proper to determine their estate by one entire payment but on a bill  bring by the JudgmentCreditors who insist to be let into a satisfaction  subject to this charge and in exoneration thereof to have a account of the  rend and profit it be decree at the roll that they shall account for the  profit and that the rend shall be apply first to pay the interest and then to  sink the principal as in case of a common mortgage which decree be affirm by  ld Chan with this variation that the principal shall not be sink by small  payment but when a three part be raise beyond the interest then due it shall  go to sink the principal and so again when another three part be raise c mich  Blagrave and Clunn vern vide vern it be insist upon and not deny to be a  custom between merchant and merchant that all account shall be even on either  side by way of estoppel especial when the business be of the same employment  fashion v atwood Chan can
a marry a feme sole trader who have then a shop full of valuable good but die  indebt it be insist that as the husband by the marriage be entitle to all  these good which not be legal asset will not be liable yet he under such  circumstance ought to be charge with his wife be debt but Lord Chan Parker say  that this be a question with he for the husband run a hazard in be liable to  the debt much beyond the personal estate of the wife and in recompense for  such hazard he be entitle to the whole of the personal estate though exceed  the debt and discharge therefrom and indeed be entitle to the same upon the  very marriage note this be a case put arg in the case of the earl of thomond  and earl of Suffolk ibidem
a marry a infant entitle to a great personal estate pen a bill for a account  of such estate and apply to the court for his wife be portion the court direct  he to make his proposal before the master as to what he will settle whereupon  he offer to settle pound part of his wife be fortune on he her and her issue  and to covenant that in case his old brother who have then no issue shall die  without issue male in his lifetime to settle pound per Ann of the family  estate upon his say wife for her jointure allege that he be a freeman of  London the custom of the city be alone a provision for his issue king c  examine the wife in court as to her consent which she give and whether she  understand the proposal which she repeat and make it appear she do understand  they add that a have be put to great charge trouble and loss of time in this  suit for which reason she desire that he may have the remainder of her portion  she equity case abridge be satisfy he have intention to do more for her then  his lordship recommend it to a to add to his proposal but he answer that he  can not convenient do it his lordship say the covenant to make a jointure of  pound when in possession of the family estate though contingent be yet to be  consider and value and therefore direct that a enter into such covenant the  residue of the portion deduct the pound propose to be invest in land and  settle as above shall be pay to he mich milner and Colmer will Rep his  lordship say he think it extraordinary that this court shall interpose against  the husband in case where the law give he a Title to the wife be personal  estate and doubt experience have show that such interposition unless where the  husband appear to be profligate or extravagant have be the occasion rather of  mischief than good ib equity case abridge er p
a marry b s daughter but before the marriage a and b enter into a agreement  contain in the condition of two bind by one a be to settle land for a equity  case abridge er p jointure upon his wife and the heir male of her body by he  beget and by the other bind b be bind to pay a pound at a certain day as a  portion with his daughter the day of payment expire and part of the principal  be pay and all the interest b make his will and devise copyhold land to a s  wife upon condition that she shall give his executor no disturbance for the  pound and die leave his wife executrix who afterward marry c the defendant a  enjoy the copyhold estate his wife die no settlement be make upon her then a  die leave issue a son only by this marriage who he make his executor a s son  sue b s executrix at law upon b s bind and recover and have execution the  executrix sue the son upon his father be bind and obtain execution against he  then a s son bring his bill against the executrix allege that there be a  sufficient estate which descend to he from his father which be a equivalent  performance of the settlement which his father have oblige himself to make and  pray relief against the proceed at law Lord Chan if a have leave any other son  then the end and intent of the condition will be evade by the son leave a  daughter but as he have not he hold that it be a equitable performance if  there have be another son beside the plaintiff he will have entail the estate  he also hold that although b s devise t the wife of the copyhold be no bar to  the husband be demand of equity case abridge the pound yet that shall be take  in satisfaction of part of the pound and so decree east Ann bridge v Bere  ms rep
a master of a ship take upon he to sell the ship at a under value to the agent  of the eastindia company this be a breach of trust in the master and decree  that the EastIndict company shall answer for the real value of the ship and  cargo but not for possibility of gain I Dec eastindia company and ekins vin  Abr pl equity case abridge er p equity case abridge cap CIII solicitor in  chancery a a by the stat Geo cap S all bill of fee or disbursement demand by  any solicitor employ under any Commission of bankrupt shall be settle by one  of the master in chancery and the master who shall settle such bill shall have  for his care in settle the same as also for his certificate thereof S
a master report compute interest make that interest principal and to carry  interest Bacon and clerk will Rep for a report be as the judgement of the  court and appoint a day for the payment carry on interest to that day and the  party disobedience to the court in not comply with the time of payment ought  to subject he to interest per Lord Chan Parker but where a mortgagor sign a  account equity case abridge whereby he own so much due for interest his  lordship say he question whether this will make the interest principal because  of itself it do not show any agreement or intent to alter the interest or the  nature of that part of the debt or turn it into principal neither do it appear  to have be ever so determine that to make interest on a mortgage principal it  be requisite there shall be a write sign by the party forasmuch as the estate  in the land be to be charge therewith Trin in the case of brown and Barkham  will Rep equity case abridge er p by marriage article the lady be father be to  pay several sum at several time for discharge the husband be encumbrance he  advance money to the son in law and maintain the wife and child for two year  such money and allowance for maintenance shall be add to the foot of the  account and not carry interest Kirwin and black vin Abr pl
a matter examinable and already determine at law yet equity may give relief in  it mich ken and Bridgman Prec in Chan vide p can this case more full state  Prec in Chan c by note concern the jurisdiction of the chancery of great  Britain since the union vide Str Rep
a mortgage a tenement to b and c and d be surety for payment of principal and  interest afterward pound interest be behind c pay it to prevent a suit after  this d lend money to a and it be propose that the equity of redemption shall  be his security upon which c desire d that the pound may be include in his  security d promise it shall and accord add the pound to the consideration of  the mortgage and give c a note to assure he a satisfaction out of this  security d be a considerable creditor to a insist that c shall have no  satisfaction until his own money be first reimburse c die his widow be his  executrix exhibit her bill against d and insist upon have satisfaction before  he the money be due to her precedent to his demand the defendant allege that  the acceptance of the note be a waiver of the first equity Lord chancellor c  have pay pound for interest he stand in the place of b the mortgagee and shall  have the benefit of that security and as to the note it be not any waiver but  a additional security Trin Ann Beckett and booth his lordship in this case say  no valuable purchaser with notice of a debt shall be assist against it in  equity
a mortgage be a interest in land and on nonpayment the estate be absolute in  law and the mortgagee interest be good in equity to entitle he to receive and  enjoy the profit till redemption or satisfaction and on a foreclosure have the  absolute estate both in law and equity per Pratt c I in the case of roper and  Ratcliff Mod
a mortgage be in Wales by lease and release for pound proviso to be redeem on  payment of pound on any Michaelmas day but there be no covenant to pay the  money Lord Chan Cowper think this in nature of a conditional purchase and  redeemable even at law to the end of the world mich Howell and price Prec in  Chan here be no covenant for payment of the money there be no contract at all  between the party either express or imply nor will any action lie against the  mortgagor to subject his person or compel he to pay this money but this be in  nature of a conditional purchase be subject to be defeat on payment by the  Morgagee or his heir of the money on any michaelmasday at the election of the  mortgagor or his heir so that here be a everlasting subsist right of  redemption descendible and which can be forfeit at law like other mortgage and  therefore there can be no equity of redemption or any assistance of this court  but the mortgage may be defeat even at law by a performance of the term and  condition of it per Lord chancellor ibidem vern S c
a mortgage be look upon as a personal contract and the mortgagee have no  interest beyond his money per Lord Chan summer mich in the case of brown and  Gibbs Prec in Chan
a mortgage his estate to b andthen assign the equity of redemption to c  afterward d obtain a judgement against a and b the mortgagee assign to d his  mortgage and then c tender equity case abridge the money due on the first  mortgage to d who have notice of the assignment of the equity of redemption  upon his purchase in his first mortgage and it be here object that d have the  legal estate in he by the assignment of the forfeit mortgage and c ha in only  a equitable interest not support by the legal estate if c will have equity he  ought to do equity by pay off both money to d but it be answer and resolve by  the court that c shall redeem pay only the money due on the mortgage and not  what be due on the judgement because the equity of redemption be never bind by  the judgement for the judgement be not confess so as to become a real Lien  upon the estate at the time when this equity be assign and therefore the  judgement can never charge or affect it and consequent c purchase a estate not  bind by the judgement and by consequence the JudgmentCreditor by purchase in  the prior mortgagor can never defeat the interest of c Trin Breerton and Jones  at the roll it be also declare that if a person that have a first mortgage  shall without the consent of the mortgagor purchase in a subsequent judgement  a mesne mortgagee or assignee of the equity of redemption shall not be oblige  to pay the money due on both security in order to redeem because such  transaction of the mortgagee be only to load the estate without the consent of  the owner when he have no prospect of better his own security Breerton and  Jones
a mortgage make to a papist who assign to a protestant for a full  consideration a ejectment be bring against the assignee by a subsequent  mortgagee who recover by reason of the disability of the first mortgagee all  this appear upon aBill bring in chancery and Lord chancellor be of opinion  that a mortgage to a papist be void mich Pelham and Fletcher new Abr of the  law but in this case the assignment to the protestant and the trial in  ejectment be both before the Geo which be it otherwise will it seem have make  a alteration
a mortgage the manor of t to b to which a advowson be appendant b bring a bill  to foreclose the church become void and he likewise bring a quare hinder at  law and on a motion to stay the proceed on the quare hinder the court hold  that though a have do bill yet be ready and offer to pay the principal  interest and cost if b will not accept his money interest shall cease and a  injunction to stay proceed in the quare hinder grant for the mortgagee can  make no benefit by present to the church nor can account for any value in  respect thereof to sink or lessen his debt and the mortgagee therefore in that  case be but in the nature of a trustee for the mortgagor mich amhurst and  Dawling vern Jori v Cox cit ibidem S p king how the assignee OF the mortgagee  be TO account
a mortgagee in fee may at law commit waste but never in equity unless the  mortgage appear to be a defective security per price b who sit for Lord  chancellor Trin Geo in the case of Withrington and bank and Cotesworth select  case in Chan king case relate TO tenant for life and the remainder man or  mortgage estate
a mortgagee obtain a decree against a mortgagor and all the creditor who debt  affect the estate that they shall redeem or be foreclose one of the creditor  pay the money by the consent of the rest and have the mortgage assign to he  and agree with they that if they will pay his money at a further day they  shall redeem he otherwise that he shall have the land absolute the creditor  fail to pay the money at the time agree on nevertheless it be hold on a bill  bring by the other creditor that they shall redeem though the creditor who pay  the money have be in possession year and have make great improvement they  allow only necessary repair and last improvement hill Exton and greaves vern
a motion be make that the Lord keeper will grant a mandatory Writ to the chief  justice of the king bench to command he to sign a bill of exception in the  case of the Lord grey all who be convict for a riot in London and they produce  a precedent where in a like case such Writ have issue out of chancery to the  judge of the sheriff court in London but the Lord keeper deny the motion for  that the precedent they produce be to a inferior court and he will not presume  but the chief justice of England will do what shall be just in the equity case  abridge case for possible you may tender a bill of exception which have false  allegation in it and the like and then he be not bind to sign it for that may  be to draw he into a snare and say if they have wrong do they they may right  themselves by a action on the case and if this court have a power to grant  such a Writ the same be discretionary only as writ of error be in criminal  case which be discretionary and not de lesson Trin the rioter case vern writ  of error in Criminal case be not grantable ex debt is owed the whole of the  laws but ex agreeableness king and in such case a man ought to make  application to the king and he will then refer it to his Council and if they  certify there be error the kingmill not deny a Writ of error vern SC vide sup  pl b OF supersede writ for what cause
a nominal person only that have no interest be no necessary party and a suit  may go on without he mark butler and Pendergrass SC bro p c
a note be give at the time of the release of a equity of redemption that the  releasor shall have the land convey to he upon payment of what be give for the  land within a year such payment have be neglect for several year there shall  be no redemption Feb Endsworth and Griffith vin Abr pl SC bro p c
a objection arise from double portion hold only where both portion come from  one and the same person per Lord chancellor Trin in the case of sir Robert  Walpole and Lord Conway Barnard Rep in Chan b OF vest portion
a obtain a purchase at a great undervalue by deed fine and recovery from one  who be a lunatic and on application of his committee the purchase be set aside  Addison v Dawson vern vide clerk v clerk vern that a settlement make by a  lunatic though not unreasonable shall be set aside salk ex part wright vern  where the equity case abridge court direct that a settlement which be intend  to be make by one who be find a lunatic but it be urge be restore to his  understanding shall be make by fine in c b that the judge may inspect and  examine he vide Sackvill v Ayleworth vern that a will make by one who  afterward become non compos be not revoke by his be find afterward a lunatic  and that a bill will not lie to establish the testimony of the witness to it  in perpetuan rei memory
a obtain judgement and lodge a become facias in the sheriff hand to which no  one good be return a afterward may bring a bill against the defendant or any  other to discover any of the good or personal estate of the defendant and by  that mean to effect the same but he must first go as far as he can at law by  deliver his Writ of become facias and get it return cite by Mr Vernon arg Trin  in the case of Batch and Wastall to have be so hold by Lord Nottingham vide  will Rep
a on a plea in abatement for want of proper party it be discretionary in the  court either to dismiss the bill without prejudice or to give leave to amend  on payment of cost of the day easter will Rep Stafford and city of London
a on a quarrel with his old son make a settlement of pound a year on his wife  in augmentation of her jointure and after be reconcile to his son cancel the  deed and so it be find at his death on a trial at law the deed be prove to  have be execute be adjudge good though cancel and the son on a bill bring in  chancery be dismiss by Lord summer hill cite by Lord keeper wright as lady  hudson case Prec in Chan vide the case of Clavering and Clavering Vol Eq can  Abr p can
a on his marriage agree to leave his wife pound if she survive he the draw of  the agreement be leave to the parson of the parish who make a bind from a to  his intend wife in pound condition to leave her pound if she survive he the  marriage be have and a die leave a freehold and a copyhold estate in mortgage  and which be mortgage together and it be hold that the wife shall redeem as  well the freehold as copyhold and hold over till she be satisfy hill Acton and  pierce vern SC ante Eq can Abr Prec in Chan Eq can Abr
a on his marriage agree to settle land for the benefit of his wife and their  issue and afterward alien part of those land and Lord Nottingham decree that  the jointress shall have the deficiency of her jointure make good out of the  inheritance of the land remain unsold but that decree be reverse by jefferies  l c who hold that where the jointress and issue claim by the same settlement  they shall contribute proportionable in the discharge of any prior encumbrance  on the estate hill carpenter and carpenter vern
a on his marriage create a term for five hundred year in trust to raise pound  of which pound be for young child and the other pound for such purpose as he  shall think fit afterward he appoint the last pound to be a collateral  security to b for his quiet possession of a estate he have sell he of which  there be some equity case abridge er p doubt of the Title and after by will  appoint this pound subject to the say collateral security and also the other  pound to his daughter plaintiff a bind creditor bring his bill to have his  debt out of the pound subject to b s indemnity that be a voluntary gift as to  the daughter and not to prevail against he and that the will be a devise not a  far appointment for there be a complete appointment before though not a  disposition of the whole pound and Lord keep wright decree they pound subject  to b s indemnity to be liable to the creditor because he have a result equity  in it which he may devise but not to take place of creditor and he have before  make a appointment which satisfy his power mich lassel and Lord Cornwallis  Prec in Chan vide the above case
a on his marriage give a bind to leave his wife pound or a three of his  personal estate at her election a become a bankrupt and it be decree that the  wife shall come in as a creditor on her bind and what shall be pay in respect  thereof to be put out to interest which be to be receive by the creditor  during the bankrupt life and the principal to be pay the wife if she survive  he Trin holland and Galliford vern equity case abridge er p
a on his marriage settle a rentcharge on his wife for her jointure and  afterward devise to the wife part of the land on which the rend be charge and  it be hold that there shall be no apportionment a for the devise be intend her  as a advantage and it be not declare to be in satisfaction of her dower and  therefore she may distrain for the rend on any part of the land knight and  calthorp mich vern Even though the bill state that the produce of the land not  devise to the wife be insufficient to pay the rentcharge a regular at law  there can be no apportionment of a rend charge because it be a entire thing  roll Abr as if the grantee purchase part the land he can bring a Writ of  annuity because he must declare on the whole deed   light likewise if part of  the land out of which the annuity issue be evict by a prior Title there can be  no apportionment but then the rend of the land be Chargeable or the party may  bring a Writ of annuity Inst but by the Act of God it may be apportion as if  part of the land out of which the rend issue descend on the grantee roll Abr
a on his marriage settle land which be entail on his wife for a jointure his  brother be privy to the marriage and ingross the JointureDeed and conceal the  entail a die without issue have devise the land to I S the brother re equity  case abridge er p cover in ejectment on a bill bring by the jointress and I S  for relief the brother confess that he be privy to the marriagetreaty and  ingross the jointure deed and that he have then the deed of entail in his hand  but do not mention his Title nor discover the ancient deed of entail because  he apprehend his brother will dock the entail and the court decree the  jointress to hold and enjoy her jointure against the brother and all claim  under he and a perpetual injunction against the judgement in ejectment but as  to I S who claim the reversion and inheritance by a voluntary devise the bill  be dismiss and this decree be affirm in the house of lord mich raw and pole  vern SC ante Eq can Abr raw v drink Prec in Chan S c
a on shipboard entitle to part of a considerable leasehold estate which he  know not that he have any right to make his will at sea and devise to his  mother if live his ring and make a his executor and devise to a his red box  and all thing else not before bequeathe equity case abridge Trevor master of  the roll decree the executor a trustee for the surplus for testator brother  and sister but hold that the ring c give to the mother be lapse legacy she die  in testator lifetime and must fall to the executor hill cook and Oakley et all  will Rep
a on the marriage of his daughter to b covenant that b shall have his land  call c at his death cheap by pound than any other person and life twenty year  after and devise to b pound and to his daughter bs wife pound and devise the  land to his grandson the court refuse to decree a execution of the agreement  because of the uncertainty of it and it not be mutual b not be bind to take it  at any price hill Bromley and jefferies vern Prec in Chan S g see also Freem
a on the marriage of his old son b make a settlement of certain land on b for  life remainder to his first second and three c son in tail remainder to c a  second son for life and to his first c remainder to himself in fee with a  power to b and c several as they shall come into possession to make lease for  three life or twentyone year or any number of year determinable in three life  in this manner first of all or any of the land ancient and accustomable demise  whereof fine have be usual take reserve the ancient usual and accustomable  rend or more second of all the other land reserve the most improve rend that  can be get and that the tenant shall seal and execute counterpart of their  lease b die without issue c enter and be seize with a sudden sickness when he  have no rentroll or old lease to guide he take notice of his power general  execute two lease one of the land not ancient or accustomable let and thereon  reserve the best improve rend and on the other reserve the several ancient and  accustomable rend but do not specify what those rend be and die and it be hold  clear by Lord Cowper holt and Trevor Ch justice that the first lease be void  and not warrant by the power nothing be so uncertain as what shall be say the  most improve rend and Lord Cowper and Trevor against holt hold that the second  lease be void also for uncertainty and the inconveniency he in remainder or  reversion will be put to in not be able to avow for the rend with exactness by  which mean he may be nonsuit and so prevent of have any benefit of the land  and though a court of equity may decree such a lease food between the lessor  and lessee yet as there appear no consideration in this case it be not proper  that the court shall interpose in supply a defect and thereby lie a charge on  the right of a three person hill Orby and lady Mohun vern Prec in Chan SC  under the name of Orby and Lord Mohun pale yellow Eq Rep S c Freem S c Chan  Rep S c
a on the marriage of his old son in consideration of pound portion settle  inter alian Raby castle on himself for life without impeachment of waste  remainder to his son for life and to his first and other son in tail male  afterward have take some displeasure against his son he get workman together  and of a sudden strip the castle of the lead iron glass door and board c to  the value of pound and the court on the son fill his bill grant a injunction  to stay commit of waste in pull down the castle and upon hear the Cause decree  not only the injunction to continue but that the castle shall be repair and  put in the same condition it be in and for that purpose a Commission be to  issue to ascertain what ought equity case abridge to be repair and a master to  see it do at the charge and expense of the father and the son to have his cost  hill vane and Lord Bernard vern l salk c SC SC pale yellow Eq Rep Prec in Chan  Eq can Abr
a on the marriage of his son settle several land in this manner videlicet as  to part to the use of himself for life and after to the use of his son for  life then to his first and other son in tail and for want of such issue to the  use of the plaintiff who be his brother and his heir and as to the other part  of the land to the use of the son for life and after to the use of the wife  for her jointure then to the first and other son in tail and for want of such  issue to the plaintiff and his heir the son and wife die without issue in the  lifetime of a and after their death a get the settlement and cut it in piece  but the counterpart equity case abridge be entire and in the hand of a and the  bill be bring to discover it and to have it preserve and the counterpart be  confess in the answer the plaintiff obtain a order at the roll to have it  bring into court and a motion be make to have that order discharge for that  the remainder to the plaintiff be mere voluntary and therefore he ought not to  have any aid from a court of equity but the court will not discharge the order  but make the deed be bring into court there to remain and thereby hinder a  from sell the estate from the plaintiff Trin Brookbank and Brookbank equity  case abridge er p b OF suppress and cancel deed and write and the consequence  thereof
a order make at the roll that the defendant may inspect a deed prove in the  Cause and refer to by the deposition as part thereof be discharge by Lord Chan  king for that the defendant before hear be not to see to the strength of the  Cause or any deed to pick hole in it and no such order in the like case be  ever yet make east davers and davers will Rep Str SC say a motion be make to  inspect the exhibit prove in the Cause before hear but there be no instance of  any such order the chancellor will do nothing in it plaintiff claim by virtue  of a remainder in tail expectant on a estatetail and be heir male of the  family and the defendant be sister and the heir general of the tenant in tail  and by their answer show that their brother the tenant in tail have suffer a  recovery and declare the use to himself in fee refer to the deed in their  custody Lord Talbot before the hear order the defendant to leave with their  clerk in court the deed make the tenant to the praecipe and declare the use of  the recovery hill sir Edward Bettison and Farrington all will Rep in a note by  the editor at the bottom of page will Rep SC accord note the order be first  obtain from the master of the roll on motion without notice and afterward  affirm by Talbot c Trin ibidem equity case abridge er p equity case abridge e  defect in deed c in what case supply in equity where a deed be make on good  consideration equity will supply a defect in the execution Trin Freem Rep
a original bill bare in nature of a bill of revivor and not broad or long than  a bill of revivor only do not open the first decree to have it look into but  if it be to enforce a decree or carry it further then it open the Cause Pasc  vare and Wordall n bill take pro acknowledged admitted fact if the defendant  appear to the Subpna and pray a further day to answer and have it and  afterward stand out all the process of contempt the bill will be take pro  acknowledged admitted fact Denny v Filiner Nell Chan Rep but if the defendant  have not appear the court will not decree the bill to be take pro acknowledged  admitted fact but will order a sequestration against his real and personal  estate until he clear his contempt nodes v battle Chan Rep the defendant be a  prisoner in the king bench refuse to answer whereupon it be pray that the bill  may be take pro acknowledged admitted fact if he do not answer by a certain  day but the court be of opinion that the bill can not be take pro acknowledged  admitted fact unless the defendant be in the prison of the court whereupon he  be remove by habeas corpus into the fleet and have a day give he to answer and  he still refuse the bill be take pro acknowledged admitted fact and he be  order to be keep close prisoner Thomas v Jones Nell Chan Rep a Quaker be in  contempt for not answer upon oath and he be by order bring to the bar ld Chan  admonish he of the Peril of persevere but he still refuse to answer on oath  the bill be take pro acknowledged admitted fact car anon Chan can equity case  abridge er p
a original bill to execute a decree of land against a purchaser who claim  under party bind by that decree be allow good on demurrer thereto by ld king  Trin car organ and gardener Chan can equity case abridge if a bill be bring to  have the benefit of a former decree the plaintiff can examine witness much  less the same witness to the matter in issue in the former Cause but on such a  bill the court may examine the justice of the former decree but then it must  be by proof take in the Cause wherein that decree be make Johnson v Northey  per cur vern salk read v Hambey Chan can where it be say that no original bill  ought to be bring to explaina decree on any matter precedent to the decree
a owe money by several judgement and bind and die intestate his administrator  pay the judgement and some of the bind and pay more than the personal estate  come to what the administrator equity case abridge pay on the judgement must  be allow he but as to what he pay on the bind he must come in pro rata with  the other bind creditor out of the real asset mich Robinson et all and tongue  and Dunn et all will Rep
a owe money by several judgement and bind and die intestate his administrator  pay the judgement and some of the bind and pay more than the personal estate  come to what the administrator pay on the judgement must be allow he for so  far he duly administer but as to what he pay on the bind beyond the personal  asset he must stand in the place of those bind and come in pro rata only with  the other bind creditor for a satisfaction out of the money arise by sale of a  advowson equity case abridge er p in fee which come to the heir by descent and  which be real asset decree per Talbot c mich Robinson all creditor of dr  tongue and tongue Dunn all will Rep it seem a advowson be extendible on a  elegit for per Lord Chan Talbot it seem hard to maintain that thing  incorporeal or lie in grant be not extendible on a elegit ibidem e composition  OF debt vide b Eq can Abr p
a papist be tenant in tail suffer a recovery and declare the use to himself  and his heir this be not a purchase within the stat pound W vide Lord  derwentwater case Mod tenant in tail may since the statute of the W suffer a  recovery to the use of himself in fee though he be a papist vide Str Mr  ratcliffe case upon a appeal to the lord delegate from the judgement of the  commissioner for forfeit estate with their lordship opinion at large deliver  seriatim
a papist in Ireland can make a will but his land shall descend to all his son  equal but if the heir conform within a year after his age of twentyone he may  enter June Burk and Morgan vin Abr pl
a parson lease revel against heart the case be upon the statute of Elizabeth  of lease make by a parson sergeant Harris a lease make by a parson be not void  against the parson himself no more than a lease make by a bishop which be not  void against the bishop himself as be judge in the case of the bishop of  Salisbury Fenner the law be as you say in a case of a bishop but the case of a  parson percase will differ Popham if rend be reserve it be good against the  parson himself otherwise not clinch and gawdy it be good against the parson  himself
a partowner of a ship borrow money of the plaintiff upon a bottomry bind  Payable on the return of the ship from the voyage she be then go in the  service of the eastindia company and the eastindia company break up the ship  in the Indies and the owner bring their action against the company and recover  dam age but they do not amount to a full satisfaction and the obligee bring  his bill to have his proportionable satisfaction out of the money recover but  his bill be dismiss and he leave to recover as well as he can at law for a  court of equity will never assist a BottomryBond which carry a unreasonable  interest mich Dandy and turner d OF partowner master and freighter OF ship
a person be under the age of buy good and after the age of commit a Act of  bankruptcy in respect of those good on which a Commission issue equity case  abridge er p Lord Chan Macclesfield doubt whether he may not be a bankrupt but  king c be clear of opinion he can not and say if commissioner find a man a  bankrupt who be not so action will lie against they Trin Geo in Whitlocks case  Sel can in Chan Lord raym Mod atk Rep pl green spirit of the bankrupt law No  member of the bank of England shall be ad adjudge a bankrupt by reason of this  stock in the bank by stat W cap sect so of the SouthSea company by stat Geo  cap sect so of the royal exchange and London assurance vide stat Geo cap sect  so of person circulate exchequer bill see the statute relate the e to
a person have marry a infant and as it seem a ware under care of the court be  commit and the commitment follow by a Act of parliament to dissolve the  marriage hill cite per lord commissioner as do in Lord some time in the case  of Goodwin and mrs knight will Rep
a person who come in by a voluntary conveyance may redeem a mortgage Howard v  Harris vern admit he who come to redeem a mortgage must show a Title vide  Lomax v bird vern
a person who prove a will in the spiritual court by which he swear the  testator be of sound memory after controvert the same at law as to the real  estate upon which a issue be direct to try compos or non compos and find non  compos bee Montague and Maxwell vin Abr pl see SC bro p c
a personal legacy shall be pay present though the child die before the appoint  time per Lord keep wright east in the case of brew and brew Prec in Chan
a plaintiff brother mortgage the land to b and die in the mortgage deed there  be a covenant to reconvey upon six month notice of the payment of the  principal and interest and another covenant that in case the estate be to be  sell that b shall have the preemption but b get the counterpart of the  mortgage into his hand after a s death and plaintiff have give b six month  notice that he will pay the principal and interest and defendant refuse to  accept it whereupon plaintiff exhibit his bill for a reconveyance of the  estate have enter into article for the sale thereof b by his answer insist on  the covenant in the deed to have the preemption but it appear that neither the  plaintiff nor the purchaser know any thing of this covenant the counterpart of  the mortgage have be in b s custody c and that plaintiff have often make  application for a counterpart thereof which be deny he insist only to have the  principal and interest pay for that the equity case abridge er p security be  too narrow for the money he have lend and that if it be not pay by such a time  he will foreclose the equity of redemption but never mention that he be to  have the benefit of preemption till after the estate be sell therefore he  ought not now to claim it to the prejudice of the purchaser plaintiff have  have time for to claim it if he have please before the estate be sell decree  accord and the mortgagee to reconvey upon payment of principal and interest c  east Orby and trigg ms Rep Mod case in law and Eq SC in as many word
a plea be hold because it go as to any fraud suggest c and also because it do  not aver that the account which be plead be just and true account mich  Hastings and draper
a plea of a former suit depend for the same matter need not be upon oath Trin  urlin and vern equity case abridge where a person be arrest upon a attachment  the contempt shall hold good though no affidavit be file at the time of take  forth the attachment if it be file before the return of it by ld king Trin  Anonymous vern b where a affidavit may be say TO be full and sufficient and  what shall be allow thereon declare by jefferies c that a general affidavit of  have material witness beyond sea shall n be sufficient but the witness must be  name in the affidavit and the point mention to which they can material depose  mich Anonymous vern
a plea of a purchaser for a valuable consideration overrule because the  defendant do not allege seize and possession in the person from who he buy  Trin Trevanian and moss vern
a plea of privilege of a university need not be upon oath but it be sufficient  to aver that the party be a scholar resident c car Prat and tailor Chan can  Anonymous Chan can S p a plea of outlawry need not be upon oath Prat v tailor  Chan can Anonymous Chan can S p but quaere
a possess of a considerable personal estate by will devise several legacy but  give none to his executor hold clear that no parole evidence can be admit to  prove that the testator do not intend that the executor shall have the residue  of his personal estate for that this will not be to admit evidence to oust a  implication but to contradict the rule of law and what appear on the face of  the will hill Geo lady Osborn and villiers new Abr
a possess of a considerable personal estate die intestate leave m his wife and  b a daughter a infant his only child m the mother die leave I S her executor  and trustee for b her infant daughter who at m s death be under the care of I  S his wife who keep a board school the wife of I S die and afterward a bill by  h a uncle of b be file against I S for a account of b s estate suggest that he  have waste it but I S not put in his answer a attachment issue and then I S  and W r who be his counsel and a justice of the peace go to doctor Commons  where W b procure himself to be admit guardian to consent to the marriage of b  to I S and a licence be grant and a marriage have b be equity case abridge er  p sixteen year old and I S sixty h petition against I S for marry b after suit  commence in this court without leave of the court and against W b as party and  that they stand commit order that I S and W b stand commit to the fleet and  not to have the benefit of the rule and that W b be remove from be justice of  the peace and to the end that the estate of the infant be secure in order to  make a settlement on or a provision for her that I S be restrain from alien  transfer or transpose any part of the real or personal estate of the infant or  from receive any part thereof without leave of the court till further order  and that I S do bring before the court all mortgage bind alian other security  belong to the estate or the infant upon oath subject to the further order of  the court march Hugh and science Mitchel et all vin Abr in this case a  exception be take that here be no Lis to hang no answer be put in the same be  overrule and hold that a infant be always consider under the care of the court  if a suit be depend and that after such bill file this a contempt to marry a  infant without the consent of this court and in this case there be not only a  bill file but a attachment also for want of a answer ibidem
a possess of a long term for year by will devise it to his wife for life and  after her death to the child she be then enseint with and if such child die  before it come to twentyone then he devise one three part of the same term to  his wife her executor and administrator and the other two three to other  person and make his wife executrix of his will and die and the bill be bring  against her by the next of kin to the testator to have a account and  distribution of the surplus of h be personal estate not devise by the will and  two question be make saint whether the devise to the wife of one three part of  the term be good because it happen she be not then enseint at all and so the  contingency upon which the devise to her be to take place never happen the  other question be whether this term be part of the personal estate and express  devise to her for life with such other contingent interest on the death of the  suppose enseint child before twentyone shall shut her out from the surplus of  the personal estate which belong to her as executrix and so the surplus go in  a course of Administration oh be distribute among the plaintiff as next of kin  as to the first point Lord keeper deliver his opinion that though the wife be  not enseint at the time of the will yet the devise to her of such three part  of the term be good and as to the other point dismiss the plaintiff bill and  so let in the executrix to the surplus of the personal estate notwithstanding  the devise to her of part as aforesaid mich Jones and Westcomb Prec in Chan SC  pale yellow Eq Rep SC vide also Andrews on the demise of Jones v Fulham Eq can  Abr part p
a possess of a personal estate and of lease for year make his will and thereby  give legacy to every one of his grandchild and likewise pound unto mount and  make he his executor and die there be no disposition of the personal estate  the next of kin exhibit their bill to have a distribution insist that the  executor can be a trustee for the next of kin for the residue of the estate  which be not dispose of since the statute of fraud unless there have be a  declaration of the trust and give a legacy to the executor can alter the case  because there be legacy also give to the next of kin which make they equal per  Lord chancellor the say statute do not affect this case and although the next  of kin have legacy give yet a legacy give to the executor exclude he from have  the residue therefore decree a distribution note this decree upon a rehear  before the lord commissioner be reverse and their decree be set aside in the  house of lord and this decree affirm anon ms Rep quaere term and year this  seem to I to be the case of foster and Munt m vern and Vol Abr Eq can though  there not so clear report vide c this work a man make his will and devise all  the residuum of his personal estate to I S and to his wife nevertheless in  trust for his wife and make the say I S and his wife his executor after the  make of this will and six month before the death of the testator the wife die  and then the testator die and the next of kin prefer a bill against the  executor to have a account of the personal estate and insist upon it that I S  be only a trustee and have no benefit intend he by the testator but per tot  cur the bill be dismiss for the law have cast it upon I S by be executor and  there appear no intent of the testator that it shall be otherwise Trin anon  Freem Rep
a possess of a personal estate devise it to defendant in trust to pay his  three grandchild pound each at twentyone or time of marriage which shall first  happen direct that if any of they die before twentyone or marriage that the  legacy of the decease shall survive one die before the testator unmarried and  under age another die after the testator unmarried and under age defendant pay  the survivor his upon his attain twentyone and also pound for the child that  die after the testator but refuse to pay the pound for that which die before  the testator the survivor prefer his bill for the payment of that legacy Lord  chancellor a will in a hundred case speak before death and his lordship put a  case of a devise of a personal estate to a when he come to the age of  twentyone and if a do not attain that age then over to b a die before  twentyone in the life of the testator by his opinion the devise to b be good  and he shall take as the equity case abridge er p primary legatee and not by  way of remainder the same in case of such devise of land as if a manor be  devise to a and his heir if he attain the age of twentyone if not then over to  b a die before that age in the life of the devisor de devise to b be good  decree for plaintiff Trin Ann Hickman and Stroud ms Rep
a possess of a personal estate make his will and after have bequeathe some  legacy make defendant his wife executrix and residuary legatee desire her to  bury he decent defendant in testator lifetime in order to defray the charge of  the funeral borrow pound of b and after her husband be death give a bind for  it b exhibit his bill against her and the legatee to have satisfaction of the  pound out of the testator estate Lord chancellor think it but reasonable that  the pound shall be charge upon the testator personal estate so far as it be  disburse upon that occasion but it be insist upon at the bar that the estate  of the testator be not Chargeable because defendant by give this bind have  make it her own debt his lordship observe that this point be likely to be spin  out decree a account to be take of the residue of the estate of the testator  for he say if there shall prove a sufficient fund then that dispute will be at  a end for the residue of the testator estate belong to the defendant although  his lordship think it reasonable that the pound shall be charge on the  personal estate yet he say it can affect the legatee and oblige they to refund  their legacy and therefore it be not fit that they shall be bring in to a  account Trin Ann Langley and oat ms Rep in a Anonymous case Trin Ann sir  Thomas powis arguendo in chancery say that Lord chancellor do late determine  that where there be a executor and a debt be to be pay by he which do carry  interest as a bind there his lordship direct a equiry whether the executor  have a sufficient personal estate in his hand to discharge it equity case  abridge and if it be find before a master that he have then to turn the  interest upon the executor himself for he may have pay it and save the  interest and it way be he make interest of the money in his hand in the mean  time this be not deny by any and Lord chancellor admit it ms note
a possess of a term devise it to b and c and if either of they shall die and  leave no issue of their respective body then to d his honour after time take  to consider thereof be of opinion that the devise over be void and say that  have the word be if b or c shall die without issue the remainder over this  plain will have be void and exact the case of love and Windham side vent Mod  that there be no diversity betwixt a devise of a term to one for life and if  he die without issue remainder over and a devise thereof to one for life with  such remainder if he die leave no issue for both these devise seem equal  relative to the failure of issue at any time after the testator death and for  this his honour cite and much rely upon lee case Leon mich forth and chapman  will Rep afterward in Trinity term upon a appeal Parker c reverse the decree  and say that if I devise a term to a and if a die without leave issue  remainder over in the vulgar and natural sense this must be intend if a die  without leave issue at his death and then the devise over be good vide will  Rep that the word die be the last antecedent the word without leave issue must  refer to that beside the testator who be weak council will under such  circumstance be suppose to speak in the vulgar common and natural and not in  the legal sense of the word that the reason why a devise of a freehold to one  for life and if he die without issue then to another be determine to be a  estatetail be in favour of the issue that such may have it vide will Rep and  the intent take place but that there be the plain difference betwixt a devise  of a freehold and a devise of a term for year for in the devise of the latter  to one and if he die without issue then to another the word if he die without  issue can be suppose to have be insert in favour of such issue since they can  by any construction have it per Lord Chan ibidem
a possess of a term settle it in trust to the use of himself and his wife for  life remainder to the use of such issue of the husband and wife as he shall by  will appoint he by will settle it on b his son who in the lifetime of his  mother assign and release it to c to who the trustee likewise assign their  interest and it be hold by the court with the advice of the judge that though  a grant of a future possibility be not good in law yet a possibility of a  trust in equity may be good and that it be the rather so in this case because  the trustee join in it car Warmestry and Tanfleld Chan Rep if there be a  devise of a term to a for life remainder to b b can in the lifetime of a  assign his interest because but a possibility Lampets case   side S p where  any person have the trust of a possibility in remainder of a term he have  power to declare and make a disposition of the trust of such possibility agree  by counsel gore v Bickerstaff Chan can
a posthumous child shall be entitle within the stat I James c sect to a share  in a brother or sister be personal estate equal as if such child have be bear  in the lifetime of the brother or sister per Lord chancellor hill Wallis and  Hodson Barnard Rep in Chan atk Rep pl burn Eccles law to Edit a posthumous  child shall upon the statute of distribution claim the benefit of a share in  the personal estate of a father equal with another child this be agreeable to  that statute and to that debt of nature which parent owe their child nor will  any inconvenience arise from this because the event of there be such child  must happen in a reasonable time ibidem a infant in ventra sa mere be capable  of take within the statute of James equal with other person ibidem equity case  abridge cap LXXX portion a portion by what mean and at what time to be raise  and pay c and in what case a portion shall carry interest and from what time  and here of Maintenance Satisfaction c b of vest portion c portion lapse or  merge et econt d portion and provision for child favour in equity a portion by  what mean and at what time TO be raise and pay c AND in what case a portion  shall carry interest and from what time and here OF MAINTENANCE SATISFACTION c  vide Eq can Abr
a posthumous child shall be entitle within the statute James cap sect to a  share in the brother or sister be personal estate as if such child have be  bear in the lifetime of the brother or sister hill Wallis and Hodson Barnard  Rep in Chan atk Rep burn Eccles law vide Eq can Abr p g what shall be esteem a  advancement within the statute OF the car cap TO be bring into hotchpot
a power arise upon a settlement make with the approbation of trustee by a  person during his Infancy and confirm by Act of parliament by the settlement a  power be reserve of charge diverse land at any time during his life with he  borrow this sum of a and have execute his power while a infant die soon after  he come of age plaintiff his son bring his bill to redeem on payment of the  principal sum borrow but the court decree a redemption on the common term of  payment of principal interest and cost because here be a power give to he to  raise money and immediate to give security which be actual do and although  perhaps have he be of age at that time he shall have be oblige to keep down  the interest during his life yet be a infant at the time intend for the  execution of this power and thereof over not capable of make his person liable  to any part of the engagement the land must from the Necessityof the thing  have stand engage for interest as well as principal or it have be impossible  for he during his infancy to have raise any money at all which the nature of  the transaction require per his honour hit in the case of evelin and evelin et  econt cite it as the case of Lord Killmurry and dr Gery out of salk salk no  state of the case and report it east Ann vide I Vol Abr Eq can vide will Rep  in the original but shall be p
a power be give to a feme sole to dispose by will and she afterward marry  decree that the marriage be a suspension of her power but if she survive her  husband the power revive see the case of rich and before the lord Feb ground  and rudim of law and Eq can p
a power may be give to commissioner to make ByLawsto regulate the charity and  where such power be too extensive it will be void only pro tanto per king c  assist by Eyre c I and pale yellow b hill Eden and foster will Rep a be summon  to appear before the commissioner of charitable use but never do appear and  now he take exception to the decree of the commissioner Lord Chan the Act say  any person concern in interest may except Trin Geo anon ms Rep Sel case in  Chan Trin Rawson and turner SC in as many word equity case abridge cap XVIII  churchwarden a case in general relate TO they
a pray to have a account of the sale of good take in execution at a undervalue  the defendant plead that before he buy the good of the sheriff and afterward  they be offer to the plaintiff for the same price he give for they and the  plea be allow good hill car dean and gavell all Rep tempt finch a account be  decree between the plaintiff and defendant and it be prove that the defendant  have alter a bundle of paper and it be likewise report by the master that he  have suppress the evidence the ld Chan disallow the defendant whole demand  though he swear he have produce all the equity case abridge er p
a Presbyterian who have three infant daughter breed up that way and have three  brother Presbyterian make his will appoint his brother and also a clergyman of  the church of England guardian to his three infant daughter and die have send  his old daughter to his next brother the clergyman get the two other daughter  into his custody and place they at a board school where they be breed accord  to the church of England and bring his bill to have the old daughter place out  with the other daughter the three brother that be Presbyterian bring their  bill to have the two daughter deliver to they offer parole evidence that the  testator direct and declare he will have his child breed up Presbyterian king  c declare no proof out of the will ought to be admit in the case of a devise  of a guardianship any more than in the case of a devise of equity case abridge  er p land and only direct a master to inquire whether the school at which the  two young child be place by the clergyman be a good and proper school for  their education give liberty to all party to apply to the court as there shall  be occasion Trin stork and stork will Rep
a pretend he have a term of sixteen year to come in a house b agree with he  for the sale thereof and pay pound part of the consideration Monty down and  the rest be to be pay at another day b enter but find that a have only a term  of six year in the house bring his bill to have a account his money refund and  his bargain set aside b decree to account for the profit and the pound to be  refund and b upon his account to have tenant allowance make he Trin Ann long  and Fletcher ms Rep
a pretend sale of land by ware short before his bankruptcy to his brother be  set aside on a bill bring by the assignee on the stat I c cap whereby a  voluntary conveyance by person who after become bankrupt be void Obj that such  a conveyance will be void at law and need not come into this court to set it  aside send non allocatur hill de goll and ware viner Abr title creditor and  bankrupt king a can
a prohibition be grant to stay proceed in the spiritual court for proctor fee  for per cur where there be a remedy at law the spiritual court ought not to  proceed b and this case depend upon a contract and retainer which be triable  atLaw Trin Davies and William in chess bunb prohibition to the spiritual court  for word refuse after sentence per tot cur and rule to show Cause why a  prohibition shall not go be discharge hill head ux and winter in chess bunb b  for where a man have a right to bring a action it will be hard to subject  another to a double prosecution per cur east vide bunb equity case abridge er  p equity case abridge cap LXXXV purchaser a who be deem a purchaser in equity  b purchaser in what case favour in equity c where a purchaser plead himself  such for a valuable consideration c d purchaser in what case affected And here  of purchaser without notice and of presumptive notice e dispute Inter vendor  and vendee a who be deem a purchaser in equity
a promise by a executor to his testator to pay all the legacy give by the will  in case he will not alter the will shall bind though he do not receive asset  sufficient to pay the legacy decree by Lord chancellor who say it be the  constant course of this court to make such decree upon such promise east  chamberlain and chamberlain freeman Rep by the stat car the trust of a  inheritance be asset by the express word of the statute and liable to a debt  by bind vide Freem Rep
a provision be make by a marriage settlement for daughter portion and after a  further provision be make of a further sum amount to half the first sum and  this be make by the father be will by virtue of a power in the marriage  settlement the less sum be certain the great be on a contingency which happen  after the less be to be receive and it be observe that in case of double  portion there be no instance where the second provision be less than the first  that ever it be hold a satisfaction and Tracey I who sit for Lord chancellor  hold accord Trin Savile and Savile select case in Chan and his lordship  observe that in all the case cite the second sum be more or at least equal to  the first provision and so decree both sum to be raise and that the great sum  be raise with interest and cost from the time the contingency happen which be  the death of the brother within age and without issue male ibidem
a purchase a estate with notice of a encumbrance and then sell it to b who  have no notice who afterward sell it to c who have notice and it be hold by  the master of the roll that by this the first notice to a the first purchaser  be revive and that c the last purchaser shall be liable to the encumbrance as  if the land have never be in the hand of one who have no notice but upon a  rehearings my Lord keep reverse it for otherwise a innocent purchaser without  notice must be force to keep the estate and can sell it hill Harrison and  forth Prec in Chan S c
a purchase a leasehold estate of a executor who have waste a great part of the  asset have notice that there be a BondCreditor of the testator who debt be  pound unsatisfy and out of the purchasemoney he have a allowance of a debt of  pound due to he from the testator and a debt of pound due to he from the  executor himself the remainder be pound he pay the executor on a bill bring by  the BondCreditor to have satisfaction for his debt out of the leasehold estate  be part of the testator asset though for the defendant it be insist that a  executor may sell and with the money when he have it pay his own debt and for  the same reason he may upon sale discount and allow the purchaser the debt he  owe he and the rather in this case because he pay pound in money with which  the executor may have pay the plaintiff debt yet it be decree by the master of  the roll and confirm by my Lord chancellor for the plaintiff say that the  defendant be a party and consent to and contrive a devastavit mich crane and  drake vern
a purchase house in b s name but no trust be declare a die and b give a  declaration of trust this be good evidence of the trust per Lord Chan Cowper  Trin in grammatical case Ambrose and Ambrose will Rep exemplification of a  sentence give in holland shall be read as evidence here to show that such  sentence be give there but no far mich Geo in canc anon Mod a bind for  performance of article though cancel be make a exhibit and allow as evidence  to prove the execution of the article the limitation be insert and recite in  the condition of the bind hill Geo anon pale yellow Eq Rep
a purchase in his own name and take a assignment of a mortgage term for year  in the name of two trustee and die leave his wife executrix and the plaintiff  his heir at law bring a bill to have the term assign to he for that it be to  attend the inheritance which be decree accord although it be insist upon in  behalf of the executrix that it be a term in gross and that there be no  mention in the assignment that it shall attend the inheritance it shall be  asset and enjoy as a chattel hill tiffin and tiffin vern but Q if there be any  want of asset
a purchase land have notice of a settlement which be deliver to he among other  write whereby it appear that the vendor be but tenant for equity case abridge  er p life remainder to his first c son in tail male upon his purchase he take  in a mortgage term which be prior to the settlement and enter and afterward  sell the land to v and c who have no notice upon a bill bring by the son after  the death of his father who be but tenant for life against a and b and c his  two vendees it be decree that as to the two vendees who be purchaser without  notice the bill shall be dismiss and that a shall account for the purchase  money which he receive with interest from the death of the tenant for life  thereout discount what be due on the mortgage term make prior to the  settlement mich Ferrars and cherry vern SC but not S p ante Eq can Abr
a purchase the manor of d in which be certain land call b and p the manor at  the time of the purchase be in mortgage for a term of year and the mortgage be  pay off and the term assign in trust to attend the inheritance afterward a  upon the marriage of his son settle part of these land and among they the land  call b and p but no care be take of the MortgageTerm that stand out afterward  a be in possession contract with the defendant to sell he all the say manor  except the land call b and p but show part of the land of b and p as part that  he will sell but the defendant do not know that any part of the land be call  by that name and in the conveyance to the defendant there be a exception of  land call b and p after the purchasemoney pay the defendant be evict of part  of the land call b and p which he do not know by that name for they have be  show to he as part of his purchase and he have pay for they by the plaintiff  who claim under a s son upon which the defendant have find the old term that  be on foot at the time of a s purchase get a assignment of it upon which the  plaintiff bring his bill to be relieve and to have a assignment of the term  and that as to the land call b and p he be no purchaser of they for they be  express except in his conveyance but my Lord chancellor be of opinion that  these land be show to the defendant as part of his purchase and he not know  they to be except by the name of b and p be in equity purchaser of they and  the court ought not to assist in defeat of they and therefore dismiss the bill  as to all the land purchase by he mich Oxwick and Brockett
a purchaser come into a man study and there lie hand on a statute that will  have fall on his estate and put it up in his pocket and he have thereby obtain  a advantage in law though so unfair and by so ill a practice yet the court  will not take that advantage from he sir John Faggs case cite vern vern S c  cite
a purchaser for valuable consideration shall hold or take place against a  prior voluntary settlement though he have express notice thereof at the time  of his purchase such voluntary settlement by Elizabeth be make void against a  purchaser with or without notice mich Tonkins and Ennis per cur equity case  abridge cap XLIII portion a portion and provision for young child make good in  equity b at what time portion shall be raise or reversionary estate or term  sell for that purpose a portion and provision for young child make good in  equity
a purchaser of the crownland in the time of the late war sell part to the  plaintiff and covenant to make further assurance and he on the king  restoration have a lease for year make to he under the king Title and he be  decree to assign his term in the part he sell hill car tailor and debar Chan  can Chan can SC in as many word
a purchaser or mortgagee shall not protect himself by take a conveyance from a  trustee after notice of the trust for by take such a conveyance he become the  trustee himself sander v Dehew vern SC ante Eq can Abr so if a man purchase  from a trustee with notice and levy a fine and five year pass yet it shall not  avail for by purchase from the trustee with notice he become the trustee  himself Bovey v smith vern
a put his son apprentice to a apothecary and give with he a sum of money and  allow the youth per Ann for his clothes the defendant have put away his  apprentice after he have live some time with he by reason of negligence and  misdemeanour lie to his charge the court decree the master to refund pound of  the money and the rather because the indenture be not equity case abridge  enrol a so as the matter be not proper cognisable before the chamberlain of  London Trin therman and Abel vern a that the indenture must be enrol salk vern  equity case abridge a place his son with a attorney at the time he lie ill of  the sickness whereof he afterward die and give pound with he and article be  execute by which it be provide that in case the master die within one year  that then pound of the money shall be return it happen that the master die  within three week equity case abridge er p
a quare hinder have be bring against a bishop he file his bill to discover  whether a bind of resignation have not be give by the clerk who have be  present to the patron in order to make use of it for his defence at law the  defendant demurrer and for they it be argue that if such a bind be simoniacal  the discovery will subject they to penalty and that if the bind be not  simoniacal the discovery be immaterial Lord Thurlow think such bind not  simoniacal and as to the immateriality after state that though the bind be not  illegal it may yet justify the bishop in refuse to admit the clerk he observe  that where the matter of a bill be obvious frivolous the court may well  interfere but that there be no instance of refuse a discovery because it be  inconvenient to the party make it for the plaintiff pay the cost of the  application and whether it be material or not be chief for he to judge he  therefore overrule the demurrer add that it will remain with another court to  determine how far the discovery be material bishop of London v fitche equity  case abridge bro Chan can and see Mitford on the plead in Chan d Edward p note  it be afterward determine in the house of lord that general bind of  resignation be simoniacal cunningham law of Simmny
a question be concern the form of certificate on the late Act and per Parker c  the commissioner be to certify one day that the bankrupt have in all thing  conform c and then the next day the creditor certify on the same parchment  their consent at the foot of which the commissioner be to certify that the  creditor have consent accord to the term of the Act Trin Geo burdock case vin  Abr pl vide the Act Geo p which take in all the other act relate to bankrupt  certificate
a receiver appoint by the guardian of a infant with a salary be but a servant  to the guardian and as they have sufficient authority to employ he so the have  the same power to discharge he and allow his account and he have account with  they shall not be oblige to account again with the infant when he come of age  but the infant be at liberty to require a full account of the guardian and if  the servant they employ have embeziled any money the guardian must answer it  to the infant Trin clavering case Prec in Chan
a receiver to the guardian of a infant who have his account allow he by the  guardian shall not be oblige to account over again to the infant when he come  of age Trin clavering case Prec in Chan
a receiver to the guardian of a infant who have his account allow he by the  guardian shall not be oblige to account over again to the infant when of age  for the guardian be only and immediate responsible to he and answerable for  the receiver their servant the receiver plead the account themselves and his  plea clear hold good Claverinys case Trin prece in Chan
a recover a judgement against the defendant father and plaintiff the sheriff  officer levy pound of good in the father be possession the defendant in equity  bring trover against the plaintiff in equity pretend the good be sell to he by  a bill of sale but on evidence the sale be prove fraudulent where upon a  verdict be direct to be give for the defendant at law but for want of his  prove a Copy of the judgement as it be hold he ought the jury for that reason  only find for the plaintiff on a bill bring for relief the defendant in equity  by his answer insist on his property under the bill of sale and recovery at  law where the matter be proper triable and rely on that without go to proof  but the plaintiff in equity full prove his case and that the judge alter his  direction only for want of proof of the judgement and disprove the answer in  some particular a perpetual injunction be grant against the judgement and the  defendant to pay cost for though it be examinable at law so it be in equity  too and plaintiff have set out the whole matter and prove it to be true if it  be not so the defendant may have disprove it Trin ken and Bridgman ms Rep Prec  in Chan Trin ken and Bridgman SC and p almost in as many word say the  defendant in equity demurrer to the bill which on argue be overrule and then  defendant answer insist on his property c
a release of a equity of redemption obtain by misrepresentation be set aside  for that reason may Kirwan and black cite as a ms Rep say to be Lord harcourt  vin Abr pl
a remainder man can only force the tenant for life to keep the interest down  if the land be charge but he can compel he to redeem direct or indirect he may  by purchase in the mortgage then to pay but one three or part with the  possession agree by sir Thomas powis arg east Ann in grammatical case  Hungerford and Hungerford pale yellow Rep in Eq tenant for life and remainder  man join in mortgage land they both covenant and give bind to pay the money  tenant for life die and per Lord Chan Cowper if the remainder man pay the  money and take up the bind or get the covenant assign he may prefer his bill  against the executor of the tenant for life but not else ibidem
a rend of pound S per annum be grant by king h to Eaton college issue out of  certain land the bill suggest that the college do not know where the land lie  so as to enable they to distrain and therefore pray that the executor of the  Tertenant may be answerable for the arrear which the master of the roll think  reasonable in respect that the personal estate be increase thereby and decree  it accord Eaton college and Beauchamp hill car Chan can
a request or desire to pay debt be a positive devise and a request to pay debt  can mean nothing but to charge the land for the personal in all event be  liable hill trot and Vernon vide Vol Abr Eq p can SC full report in sir Oliver  Ashcombs case the devisee be executor and desire to see the will perform and  real and personal estate both liable to debt ibidem pl
a reversion expectant on a estate for life be decree to be sell to the best  purchaser b be report and confirm the best purchaser and the order make  absolute Jan but the conveyance to b be not execute until two month before  which b be order to bring his purchase money into the bank and about that time  the life fall in so that the purchase prove a beneficial one it be now  petition that b shall pay interest from the I Jan which be equity case abridge  the time he be absolute confirm the best purchaser his honour decree b to pay  interest from say I Jan to the time of his bring the money into the bank for  from that time he be sure of his Title and of his purchase though the tenant  for life have die the next day and the life be wear from that time which be  equivalent to the take of the profit and have b take the profit he must  certain have pay interest also for from the time of the report confirm the  estate be bind and the party who be to convey it be a trustee for the  purchaser who ought to have the money ready nor do it appear that b have the  money lie dead by he so he ought to have no advantage of the use or interest  thereof which seem to belong to the seller or to those trust for which the  estate be to be sell east ex part man will Rep where one article to sell a  estate and bring a bill for a execution of the agreement though at the time of  the agreement he can make a Title to the purchaser yet it be sufficient if he  be able to do so when the decree or report be make and accord it be usual for  the reporter to mention that if such a three person join the Title will be  good for it will be attend with great inconvenience be decree to direct a  enquiry whether the contractor to sell have at the time of enter into such  contract a Title for thus all encumbrance and defect will be rake into per the  master of the roll Trin will Rep cap LXXXV ransom a ransom money OF a ship how  TO be raise c
a right of survivorship be as good as a right by descent neither be there any  thing unreasonable or unequal in the law of Jointenancy each have a equal  chance to survive and the duration of all life be uncertain if either party  have a ill opinion of his own life he may sever the Jointenancy by a deed  grant over a moiety in trust for himself so that survivorship can be no  hardship where either side may at pleasure prevent it Trin per his honour in  the case of Cray and Willis will Rep it be plain that at law in case of a  grant of a term for year to two the thing grant must survive if the  Jointenancy be not sever per his honour in the above case ibidem
a ring versus ware mich W m B R Intr hill James rot show Mod nul tiel parish  be a good plea in appeal Carth comb holt Trem in appeal defendant can plead by  attorney lill post appeal of murder for kill her husband against the defendant  recently de parochian consecrated Jacob Westminster in come Mid gentleman the  defendant in not common with others mask go for sale and Salkeld er p crave  oyer of the writ and return and then per a b attorn suum plead in abatement  that there be a parish name saint James within the liberty of Westminster but  no parish name saint James Westminster only to which it be demurrer and the  cause be adjourn till next term when it be adjudge for the defendant for first  the demurrer confess the matter plead in abatement videlicet that there be no  such parish which be a good plea dly the plea be by attorney ought not to have  be receive and though it be receive yet it be wrong and therefore void the  consequence be that the cause be discontinue by the adjournment a vide burr  where the practice on appeal appear very much at length way also burr
a s executor bring a bill against all the testator creditor some be creditor  by judgement some by bind and some by simple contract a have devise land to  his executor for the payment of his debt and in the first part of his will  have devise a annuity of pound per annum to his wife Lord chancellor direct  first that the land be devise to his executor it shall be construe that a the  testator intend that they shall be pay in the same order as the law direct I e  that the debt shall be first pay before this annuity which be but a legacy let  the word of the will be how it will although it devise the land charge with  this annuity for the payment of debt yet the debt shall have the preference  but his lordship hold that the debt of all kind whether by judgement bind or  simple contract shall be satisfy acquire step and if the value of the land  fall short then that they shall be satisfy in proportion only judgement that  do affect the land without any such devise be to have the preference but a  debt by a decree in chancery shall be but in equal degree with debt by bind or  contract because that do not bind the land until sequestration but so far as  the personal estate do extend his lordship order that the debt shall be pay in  that order as the law do direct and there a debt by a decree in chancery shall  have the preference of a bind hill folly S case ms Rep Freem Rep S c accord  say the case of Hickson and Witham be cite ibidem
a s father have execute a grant of the next avoidance of a church to b the  defendant father who be a clergyman and a person much entrust and employ by he  and the grantee know nothing of the make of this grant and be examine in a  Cause have depose that he do not purchase it and it be hold that this be a  result trust to the grantor there be no other trust declare hill the duke of  Norfolk and brown Prec in Chan S c in as many word
a S p in case of debt where the freehold sufficient vide the case of mallabar  and mallabar Eq can Abr part p the testator have copyhold together with other  real and leasehold estate in Huntingdonshire and Cambridgeshire devise all his  land tenement and hereditament in those county to his wife for life remainder  to his old son in tail remainder to his second son in tail remainder to his  wife in fee the old son who equity case abridge er p
a salk vern Prec in Chan ibidem heir of the mortgagor shall have the personal  estate apply in the first place to pay off the mortgage though no covenant in  the mortgage deed for the payment of it and though the personal estate be  devise away by the mortgagor to his relation Trin Meynell and Howard and it be  say that sir Edward more have make such a mortgage and afterward equity case  abridge er p raise a term in other land for payment of his debt and the  mortgage money be hold to be a debt Payable out of that trust ibidem
a seaman assign his wage for secure the payment of a debt due by simple  contract and he die soon afterward intestate and leave bonddebt it be decree  that the assignee shall be pay monly in a course of Administration mich  Mitchel and Edes vern Prec in Chan SC note the reason hint at be because the  agreement to assign amount to no more than a letter of attorney to receive  they which be revoke by his death
a seize in fee devise to b his executor and administrator for year equity case  abridge er p in trust for himself and m his wife for their life and the equity  case abridge life of the survivor and after the death of the survivor in trust  for the heir of their two body and in default of such issue then in trust for  the heir of the body of a and in default of such issue in trust for the heir  of the survivor of the husband and wife they have issue c a son a die  afterward c die live m a infant and without issue m administer to a and c and  assign the term to r his honour on consideration of this case decree the Title  to belong to r the assignee of the wife and that this term shall not be  attendant on the inheritance for that a who raise this term and have power to  sever it from the inheritance show his intention so to do by limit the trust  to the survivor of he and his wife and the heir of the survivor which though  it be a void limitation yet suffice to show his intention to sever such term  from the reversion Trin Hayter and rod will Rep to
a seize in fee devise to the poor of S S to be distribute by his executor with  four coat four hat upon every saint of November for ever and then devise all  his land tenement and hereditament and all his personal estate to his wife and  executrix adjudge a fee mich smith and Tindal Mod pound a year to be pay to  the almshouse of a for ever holt Rep SC salk say four coat to four poor boy of  the parish of a for ever salk east Ann b r smith and Tindall SC say this  devise to the wife be adjudge to pass a fee per curian because it be subject  to a perpetual charge but in Rep of case in b r tempt Ann holt c I hold that  the word of the will give a fee here be a general charge for ever and a  sufficient personal estate to purchase c but he be not satisfy to fix it upon  the land he go upon the word hereditament she have a estate in fee not from  the word of the will all my land but by reason of the perpetuity per Powell I  holt Rep in S c to make a fee the word land and tenement carry only a estate  for life but hereditament carry the fee for if he have not a fee then it be  not his hereditament and when he give his hereditament he give a descendable  estate otherwise it be no equity case abridge er p hereditament cite   Litt  these word can be satisfy unless this word carry the inheritance hob be right  report and wrong in more land of inheritance be only a description of what  land shall pass ibidem vide holt Rep
a seize in fee have a son b and sister c and devise his land to b in tail  general and if b shall die without issue and m the testator wife shall survive  b then she to have the premise for life remainder to c in fee b die without  issue but testator wife die before he c be not entitle to the remainder in fee  because the contingency be annex to all the devise over mich Davis and Norton  will Rep vide Eq can Abr p can SC more full state equity case abridge cap  XXXIV discovery bill OF vide title bill c knight can maid p a case in general  relate TO bill OF discovery Max discovery draw with it relief pale yellow Eq  Rep wherever a bill be for a discovery only and plaintiff have a discovery by  defendant answer the plaintiff can reply or proceed for by the discovery he  have obtain the end of his bill and when he have have the benefit of it in a  action bring at law and come after to dismiss his bill which he must do or  defendant will such dismission will be with cost to be tax which seem hard  since the defendant be the occasion of this bill by his equity case abridge er  p false plea below and the plaintiff there can be allow no cost in equity vide  annoe c sect hill Calverle and Parker in scacc bunb Rep
a seize in fee have issue two daughter l and m and devise his land to trustee  in fee in trust to pay his debt and to convey the surplus to his daughter  equal m marry and die leave a infant son and her husband survive on a bill for  partition by l the husband of m in his answer have swear that he marry m upon  a presumption that she be seize in fee of a legal estate in the moiety and  that at the time of the marriage she be in the actual receipt of the profit of  such moiety and it be admit that this trust be not discover till after m s  death nor until it be agree that a partition shall be make decree per Lord  Chan Cowper that a estate for life in a moiety in severalty shall be convey by  the trustee to the husband with remainder in fee to his son hill Watts and  ball will Rep vern SC cite will Rep SC cite per his honour hill in grammatical  case Sutton and Sutton and his lordship say that trust estate be to be govern  by the same rule and be within the same reason as legal estate and as the  husband in the principal case shall have be tenant by the courtesy have it be  a legal estate so shall he be of this trust estate and if there be not the  same rule of property in all court all thing will be as it be at sea and under  the great incertainty and his lordship add that this be a case of some  difficulty he can have wish it have not come before he as a Cause by consent  but be of opinion that the husband ought to be tenant by the courtesy the  rather because it appear that he upon his marriage do presume his wife to be  seize of a legal estate in the moiety and have reason to think so she be in  possession thereof ibidem
a seize in fee make a mortgage and then devise the land to b and give several  money legacy to c d c and will that all his debt shall be pay out of his  personal estate and if that be not sufficient then the legatee to abate in  proportion the question be whether the mortgage shall be pay out of the  personal estate so as to disappoint the legatee there not be sufficient to pay  both c per his honour it be a rule in this court that a haeres factus as well  as born shall have aid of the personal estate but not to disappoint legatee  and therefore if the heir or devisee do exhaust the personal estate as they  may at law this court will turn the legatee upon the land c but this case turn  upon the particular word of the will and though the testator Willing his debt  shall be pay out of his personal estate and if that fall short then the  legatee shall abate in proportion seem prima fancy to import no equity case  abridge er p more than the law say and so be to be consider as surplusage yet  it hold upon consideration that these word do real import more for if the  personal estate be exhaust by the devisee to pay the mortgage as it may at law  the legatee shall come upon the land without any abatement but here the  testator say they shall abate in proportion and consequent to give they a  remedy upon the land be to contradict the will wherefore the debt upon the  mortgage be to be compute among the other debt of the testator and the surplus  only to be divide among the legatee mich Geo reeves and Herne vin Abr pl
a seize in fee of a real estate and possess of a personal estate by will  direct that his legacy shall be pay out of his real estate and devise his  personal estate to his child his child shall have the personal estate free  from the legacy but charge with the debt and the real estate only shall be  charge with the legacy decree per his honour Trin heath and heath will Rep if  the legacy have be only charge upon the real estate yet the personal estate  shall have be first apply to pay they and so shall it have be against a  residuary legatee vide will Rep but in this case the real estate be the fund  appoint and the whole personal estate give away by the will therefore the  legacy must be pay out of the real estate sole but the debt shall still be pay  out of the personal estate the will not order the debt to be pay out of the  real per his honour ibidem
a seize of a copyhold in fee upon his marriage surrender it to the use of  himself and his wife in special tail remainder to the wife in fee upon  condition that if he pay pound at such a day to a daughter that the wife have  then the whole surrender to be void the day elapse and the pound not pay the  husband die without issue the plaintiff be his heir bring his bill against the  defendant who purchase from the wife to redeem defendant plead that he be a  purchaser for a valuable consideration without notice Lord chancellor the  court may sometime carry a interest which be redeemable even to a opposition  this original be not design for a mortgage but the party by settle it thus  have leave it in his election either to perform the condition by pay the money  or to let the settlement stand and he choose the latter therefore he allow the  plea but say nothing of the notice mich Ann king and Bromley ms Rep
a seize of a estate devise it to b and thereout devise pound per Ann to his  father Payable halfyearly and in default of payment to enter and distrain and  the distress to detain until the arrear pay the father die his widow and  executrix bring her bill for satisfaction of her arrear and the master of the  roll decree the arrear with cost and charge and she to enter and enjoy until  satisfy mich foster and foster vern Prec in Chan S c but salk Champernoon v  Gibbs vern SC Prec in Chan where on a like bill my Lord keeper refuse to  relieve the plaintiff the party have provide a remedy by distress must be  satisfy with it unless some particular fraud be prove as let the land lie  fresh or depasture it in the nighttime to prevent a distress and Chan can that  equity will not grant a remedy for rend when there be one at law nor change  the nature of the rend so as to make the person liable unless there be fraud c  in prevent a distress b in what case the lessee may be relieve against the  payment OF rend in equity
a seize of a estate of pound per annum have a natural daughter by b to which  daughter she devise all her estate and make c executrix and appoint her to be  guardian to the infant and die this executrix make her will and thereof the  petitioner executrix b remove the infant from school and send her into the  country for which reason the petitioner complain to the court that the infant  be remove from school where she may have proper education and send into the  country where she can have none and this petition be refer to a master to name  a proper school and a guardian for this infant he report the petitioner to be  a fit guardian and Mr d s school a proper school for her education and  therefore she petition that the infant may be deliver to her and send to the  say school the infant father consent to send the child to Mr d s school but  oppose the delivery to the petitioner or that she shall have the lie out any  money for clothes or other necessary for the child she be very poor and have  already pretend that she deserve pound for her care in attend the child  therefore to money to be lie out for necessary ought rather to be pay to Mr d  or his wife than the petitioner the court be of opinion that remove this child  from school into the country to her father be house can neither be useful nor  instructive to her because he be a single man and keep no person proper for  her education yet it be not think reasonable to remove her from his re since  he own her to be his child but that he shall pay the petitioner cost for other  see he may remove her from one school to another and the cost of apply to this  court will be pay out of the infant estate mich Geo Ord and Blackett Mod
a seize of freehold and copyhold land surrender to the use of his will and  then devise to his wife all his good chattel and estate whatsoever on  condition to pay his debt and legacy on a bill by the creditor and legatee for  sale of the estate the personal estate fall short the word good c with equity  case abridge the other circumstance of the case will pass the land and decree  a sale and the heir equity case abridge er p to join when he come of age but  he be a infant they give he a day to show Cause after he come of age mich  Lumley and may et all Prec in Chan
a seize of land and b of a feefarm issue out of it pay tax only after the rate  of S and d per pound and retain for the feefarm at the rate of S at which the  landtax be b bring his bill and pray that a shall set forth the value of the  land and what rend he receive and what he have pay for tax a demurrer and  demurrer allow notwithstanding Sheringtons case be cite the whole matter there  appear and this be on a demurrer which be make the difference hill W pickering  case Mod
a seize of land in fee and be indebt to several by bind in which he bind  himself and his heir devise his land to b for life remainder to the first c  son of b in tail male remainder over with a power to b the tenant for life to  lease the premise for one two or three life at the old rend which be very  small and conventionary rend the land lie in the west of England b take the  profit raise considerable sum by fine lease on a bill by the bind creditor and  the master of the roll decree the personal estate to be first account for and  then b to account for the rend and profit of the real estate but b appeal from  this decree and pray a sale Macclesfield c hold it sufficient that b shall  keep down the interest and that as a die seize of some land let for life at  conventionary rend and other at rackrent his lordship direct first the sale of  the land let at rackrent and if those be not sufficient for payment of the  debt then so much be to be sell as be requisite of the life land to account  for the fine which shall here be take as part of the purchase money but if the  land let at rackrent be sufficient for payment of the debt then b not to  account for the fine which he have receive because the devisee in remainder  will have the same benefit of raise what money be can by fine and so every one  in his turn will enjoy the like liberty Trin Manaton and Manaton will Rep note  in this case there be no devise of the land for payment of debt
a seize of land in fee demise they to b upon a building lease b pay pound per  Ann and also S yearly for every foot square that he shall build above the  height of ten foot which b covenant to perform the reversion of those land  come to c this lease be mortgage be afterward assign by b to d who building  above the height and upon demand refuse to pay the increase rend the  reversioner bring a action of covenant and recover then d bring his bill to  have a mitigation of the increase rend allege that he have do little or no  damage to c and that he be ignorant of any such covenant the first allegation  appear to be true but the other false Lord Chan decree d to pay the increase  rend from the time he exceed height until the abatement of so much as he have  transgress but no break quarter to be pay for and if he have pay rend to c  without deduct the tax they to be allow he before the master east Ann turner v  Metcalfe m S Rep
a seize of land in fee have issue two son b and c and by will devise several  land to b and that b shall renounce all his right in Blackacre of which the  devisor be then seize to c and it be object that this be no devise of the land  to c dly that if b shall release his right this be intend to be only a estate  for life but because the word be all his right it be apparent that a intend  that c shall have a fee and accord holt c I and Treby c I certify their  opinion to Lord chancellor easter W cite by Treby c I as the case of  Hodgkinson and star Lord raym Rep
a seize of the manor of b of about pound per annum which be charge with a  rentcharge of pound per annum for life settle the say manor on himself for  life and after on the plaintiff who be his near kinsman and his heir and  plaintiff as the consideration of the say settlement give a bind of pound to  defendant by a s direction and in trust for he condition to pay any sum or sum  of money not exceed pound to suck person and in such manner as a shall by his  last will devise and appoint a be at the time of make this settlement and give  this bind indebt to plaintiff in pound by bind and do afterward become indebt  to he in pound and upward afterward a make his will and recite the say bind to  defendant in trust for he devise the pound secure thereby to defendant the  obligee and make he executor and die defendant sue plaintiff upon the bind who  bring his bill to subject this money to be asset in his hand to pay the pound  and pound due to he from the testator Lord keeper direct a issue to try  whether it be agree that the bind of pound shall be deliver up or sink and it  be find that it be not agree c on come to be hear on the equity reserve Lord  keeper decree the pound to be asset to pay plaintiff debt and that it shall go  to a master to compute what be due to he and he to retain so much as to  satisfy himself and to pay the overplus to defendant affirm on appeal by the  lord east Thompson and town Prec in Chan vern SC state it thus I S on sale of  land take a bind from the purchaser to pay any sum or sum of money not exceed  pound as he shall by will appoint and I S by will appoint payment of it to  several of his relation bill by creditor of I S for satisfaction out of asset  and inter alian to have the pound apply towards payment of their debt per cur  I S have power to dispose the pound must be look upon as part of his estate  and decree it to be asset liable to plaintiff debt
a seize of the manor of W worth pound per Ann and of a farm in W worth per Ann  article to sell the manor to b and if that the manor be not worth pound per  Ann he will make it up with the farm land b get a decree upon these article  which be so pen that the whole farm be by general word include a exhibit a  bill to have the decree explain to which b demurrer and demurrer allow per  Lord Chan and baron turner February car read and Hanby Freem Rep
a seize of the reversion in fee of house of the yearly value of pound let out  on building lease at a ground rend of pound a year a have issue b his old son  and c d and e young child and equity case abridge devise to c so much a year  of pound a year ground rend in or near redlion square to he and his heir and  assign for ever and devise to d and e in the very same word which in all  amount to the pound and devise to b who he call his undutiful son pound a year  out of some equity case abridge er p lottery ticket it be argue whether this  shall carry the inheritance or not the court think it a new and difficult case  and so it stand over to the next term Trin Geo Mandy and Mandy Gibb Rep ibidem  east Geo say that judgement be give for the young child against the heir at  law the last Trinity term per tot cur and error bring in b r Str Trin Geo  maunday and maunday SC in error hold that by a devise of ground rend on lease  for year the reversion passes
a sell house to b for pound a note be make by a of the agreement and sign by b  only and it be object that this be within the statute and that the note bind  not he who do not sign it and that they must be both or neither bind in equity  but it be decree that they be both bind car Hatton and grey Chan can if the  party to be charge have sign it be enough cotton v lee cit bro Chan Cas
a sell land to b but before a conveyance be execute b sell the same land to c  and then a convey to c and c be thus seize devise the land to his young son in  these word I bequeathe to r my son all my land which purchase of b whereas in  strictness of law he purchase they from a who convey they to he yet this be  allow to be a sufficient description of the land and consequent a good devise  of it because the purchase be real make from b the money be pay to he Thorp  and Thompson Leon if one devise his house wherein I S dwell call the white  swan in old street to I n c and die and at the time of his de that and make of  the will I S occupy the entry only and three of the upper room of the house  and other occupy the garden and other part of the house yet all the house  passes for the house import the whole house and the sign of the white swan  make it still more certain cro car Jon S c if a man be seize of a message and  two acre of land in a and of two acre of meadow in b and have use and occupy  the two acre of meadow be four mile distant from his say house together with  his say house and land in a and devise the house gum omnibus one appurtenance  nest insert spectant to I S the two acre of meadow shall not pass for by the  word cum appurtenance land pass not but such thing only as may be proper  appertain otherwise if the word have be cum terris to stretch out for then the  land use therewith shall have pass cro car
a sequestration be order nisi both against the countess dowager of Shaftsbury  and the countess of Gainsborough for their contempt in contrive and effect the  marriage of the earl of Shaftsbury a infant with the countess of gainsborough  daughter without consent of his guardian name by his father be will and  without apply to the court per Lord Chan Macclesfield hill Eyre and the  countess of Shaftsbury will Rep on may follow the three lord commissioner  Jekyll master of the roll Gilbert baron and Mr justice Raymond after solemn  debate be of opinion that the sequestration against the countess of Shaftsbury  ought to be absolute but forasmuch as the infant guardian have not complain of  or pray any relief against lady Gainsborough the court will do nothing against  her but discharge the order of sequestration with respect to her ibidem pale  yellow Rep in Eq east Geo I I earl of Shaftsbury and Shaftsbury S  C say upon  this matter come before the lord commissioner it be observe that this contempt  be not swear upon the lady Gainsborough whereas a order for a sequestration in  the case of a Peer be a judicial Act of the court and therefore must be upon a  proper affidavit as Lord commissioner Gilbert apprehend and say that the order  be the judgement of the court and the sequestration be the execution of it and  therefore the judgement ought not to be find on conjecture only for if she be  examine upon subsequent interrogatory this will not make good the  determination of the court by a matter ex post facto
a sequestration bind from the very time of award the Commission and not only  from the time of execute it and its be lie on by the commissioner for if that  shall be admit then the inferior officer will have to tie non to tie power  Burdett v bockey vern equity case abridge er p
a sequestration may be grant in scacc as it have be always practice in  chancery where a decree be for a personal duty otherwise the jurisdiction of  the court of equity will be to little purpose if it have not sufficient  authority to see its decree execute per three baron but the Lord Ch baron  doubt because hale nor Montague can never be prevail upon to grant it but by  the opinion of the other three it be grant Trin in scacc guavers and fountain  Freem Rep
a settle land to the use of himself for ninetynine year if he so long live  remainder to trustee and their heir during his life c reminder to the heir of  his body remainder to himself in fee per Lord Chan Cowper this be plain a  contingent remainder be limit to the heir of the body of l who can have no  heir during his life for no one be haeres to live and that the meaning of the  limitation be to carry the settlement as far as may be and beyond the  limitation to the first son mich else and Osborn I will Rep
a settlement be direct to be make on a with a power to make a jointure of a  moiety of the premise a before the settlement make by the trustee to he make a  jointure of more than a moiety of the premise and per Lord Chan Parker here  neither be nor can be any jointure for as yet a have no legal estate till the  trustee convey to he and until he have a estate he can pass none and therefore  his lordship say he can take no notice of this equitable appointment nor can  it proper come in question at this time not be to take effect till after a s  death and perhaps never will as he may survive his wife hill Blackborn and  Edgeley will Rep vide I Vol Abr Eq can
a settlement be make on a citizen wife of part of her husband be personal  estate in bar and satisfaction of all her claim and demand out of his personal  estate by the custom or otherwise the husband die intestate the wife be bar of  her distributive share of her husband be estate by the statute of distribution  by force of the word or otherwise for they can extend to nothing else and it  be say to be twice so adjudge by Cowper c in Pitt and lee and davila and  davila and now decree by king c Geo in Badcock and Stanhope vin Abr pl c  concern the legatory or dead man part the customary part belong to the  administrator of a citizen of London die intestate be not within the Act of  distribution and because the custom of London be save by the Act the customary  part shall go whole to the administrator as it do before and so it have be  resolve at commonlaw and in chancery Freem Rep can cite it as resolve per  north Lord keep hill in a anon case vide Vol Eq can Abr p can Trin Walsam and  Skinner contra vern also contra
a settlement be make on the husband for life remainder to the wife for life  and to the first and other son in tail and in equity case abridge default of  such issue to trustee for year in trust after the commencement of the term to  raise pound as portion for the young child of the husband and wife Payable at  twentyone or marriage by rend profit sale or mortgage the father die leave  only a daughter who marry the plaintiff at fifteen and it be hold that the  portion shall not be raise in the life of the mother nor that any interest  shall accrue for it during the mother life because the trust be to raise the  portion after the commencement of the term which must be intend when it come  into possession Trin butler and Duncomb vern quaere of this case for it seem  to be ill report vide this case full report will Rep
a settlement be make with power of revocation by deed seal in the presence of  two witness and tender of a guinea to the defendant the proof be that the  party who have this power be in a passion with the defendant high word pass  between they and she tell he she will undo the settlement and in her anger  throw a guinea upon the ground per cur this shall not amount to a revocation  in equity but if it have be prove that a guinea have be deliberate tender and  the part that have at the same time declare that she do it with a intent to  revoke the settlement although the deed have never be seal or if it have be  seal to revoke it and no guinea tender this court will have supply the defect  of one particular circumstance where it appear that the party do deliberate  and advice intend the thing but what be say in passion the court will not  regard Trin Arundel and Philpott this case be misplace in point of time Freem  Rep vern S C mention it as a voluntary settlement with power of revocation on  tender of a guinea that she never tender the guinea or ever declare she intend  to revoke the former settlement which have she do and it have be a sober solid  Act and do mind to call again it will in equity have be sufficient though it  have not all the formality mention in the power and per cur this court may  supply a informal or defective revocation but can make a revocation where  there be no revocation per Lord Chan jefferies Mod SC cite by Mr Talbot east  Geo in the case of lad that Coventry and Lord Coventry say the plaintiff can  not prevail to set aside the settlement even in a court of equity for want of  be able to prove the tender of a guinea but be a volunteer be send to law to  have it try revoke or not revoke and at law the party be so fortunate as to  prove the tender Freem Rep mich SC cite per Mr baron Powel say it be hold that  the guinea be tender be no revocation the deed not be execute
a settlement of a real estate on a child be no advancement nor to be bring  into hotchpot Chan can neither do a devise of a real estate bar the child of  its customary share of the personal estate vide Stanton v Platt vern vide Cox  and Belitha Eq can Abr Pt p
a settlement voluntary at first may become good by matter ex post facto as  where a father go precedent to the bay of Bengal do before his voyage convey  land for raise a portion for his daughter and a afterward marry her in  confidence of this settlement easter eastindia company and Claval all Prec in  Chan pale yellow Eq Rep SC in as many word
a seventytwo year of age convey land of pound a year for a annuity for his  life of a year a live but two year after the conveyance be set aside upon a  bill bring by the heir at law it appear that a be weak and easy to be impose  upon at the roll mich Clarkson and Hanway et all will Rep
a ship be take by the French the master have a share in her ransom her for  pound and be take to France as a hostage for this money and by Lord chancellor  the ransom money must be raise out of the profit notwithstanding any former  mortgage of the ship for if there be a precedent mortgage what will become of  that security if the ship have not be redeem after the ship be redeem she  perform her intend voyage and the fraught money receive after redemption be  the first profit arise and out of they the ransom money be to be satisfy the  insurer always pay a part of the ransom money east Ann I hope and winter ms  Rep equity case abridge er p equity case abridge cap LXXXVII RECIEVER
a single copyholder be not relievable in equity for a excessive fine because  this be determinable at law but to avoid multiplicity of suit several  copyholder may join to be relieve against a general fine that be excessive  king Lord Chan mich Cowper and clerk will Rep vide title bill Eq can Abr p can
a solicitor may have a bill for fee only if for business do in this court and  so he may when the business be do in another court if it relate to another  demand the plaintiff make in this court come Raneleigh and Thornhill Nov vern
a son be not of course entitle to a discovery from his father of a settlement  but must show a reason for such discovery lemster v pomfret Ambl
a special return be make to a Commission of lunacy which be file and per Lord  Chan king he must be find either mad or not mad and if the return have not be  file it have be no return but since it be file it must be quash and a alias  Commission go Trin Geo freak case select case in Chan b concern the custody OF  the personal estate OF a lunatic Lord wenman be find by inquisition to be a  lunatic the custody of his personal estate be grant to his wife she be  discharge from her commitment for not produce he Trin Lord Wenmans case vide d  Eq can Abr p can cor Lord Chan Parker will Rep
a special verdict find that the grandfather be seize in fee and by will devise  thus I give to my daughter a for life remainder to a l and his heir and for  default of such heir remainder over and the question be if this be a estate in  fee or in tail holt c I say you will find it a hard point to make this a  estatetail sir Peter king urge that it be and cite idle and cook east Ann if  the remainder have be to his brother or to any body that have be heir at law  it will have be a tail for then he can not have die without a heir and so a  remainder may proper be or if it have be de see to go out or the like but  these limitation be never carry further but the court give judgement that this  be a fee but make the rule nisi c note the controversy be between the heir of  the devisor and the heir of the devisee who be no way relate to the devisor  hill Ann grumble and Jones in b r ms Rep Rep in case in b r tempt Ann SC in as  many word salk humble and Jones SC adjudge to be a fee but say nothing about  the rule nisi c
a specific devisee of a mortgage be not bind by a account settle between the  Representative of the mortgagor and the executor of the mortgagee Semb Langley  v Oxford Ambl but if the mortgage have be devise in general to pay debt and  legacy it will have be otherwise ibidem
a stat pound car c No tenant in tail of any feefarm rend shall be enable by  this Act to bar the remainder nor shall have great power over the say rend  than he have before I S seize in fee of the manor of a and b after debt and  legacy pay devise these manor to c for life sans waste and if c shall have  issue male then to such issue male and his heir forever and if c shall die  without issue male then after c s death he devise the manor of a to d in fee  and the manor of b to e in fee c suffer a recovery of these manor and upon a  appeal to the house of lord with the advice of all the judge it be hold that  the remainder to d in default of c s leave a son be a contingent remainder and  consequent bar by the recovery suffer by c may in dom proc mich in the case of  copper and Barnardiston et all will Rep equity case abridge c dispute between  a remainder man and the guardian OF tenant in tail
a statute be make in Ireland that all lease which shall not be register by  such a day shall be void the respondent who live in the remote part of Ireland  not have notice of this Act do not register within the time whereupon another  lease be make and register to one who have notice of the first lease and a  ejectment be bring upon it but the respondent be relieve because the statute  which be make to prevent fraud shall never be use as a mean to cover it note  this Act be appoint to be read at every quarter session and assize Feb Lord  Forbes and Deniston cite as a ms Rep say to be Lord harcourt vin Abr pl equity  case abridge er p
a steal a young woman who have a considerable portion which be in trustee hand  after the marriage her friend will not part with the portion unless the  husband will give security that it shall be settle for the benefit of his wife  and it be agree that it shall be lie out in land to be settle to the husband  and wife and the heir of their body and a judgement be give by the husband for  this purpose this agreement though after marriage shall not be consider as  voluntary so as to be set aside in favour of a creditor of the husband and a  bill bring by a creditor of the husband be dismiss but without cost for per  cur if the husband himself have exhibit a bill against the trustee for the  portion the court will not have decree it to he without make some such  settlement east more and Rycault Prec in Chan
a subsequent devise to a person incapable of take be a revocation of a  precedent devise to a person capable this be approve by the counsel on both  side as good law east Ann in dom proc in the case of roper and Radcliffe Mod
a sum in gross shall never be add to a bill of cost after it be tax by a  proper officer April Parker and Stanley ibidem pl
a sum of money in the hand of the banker of a party against who a  sequestration have issue sequester proceed for ascertain the interest of a  three person power of sequestrator to open box c lady Henrietta Holles move  that she may be admit by guardian to be examine pro interest his touch the  money in sir Francis child hand and other thing sequester upon process against  the duchess she be direct to put her suggestion into a order and to specify  what she claim title to and how and that sir Francis child shall give the  plaintiff a copy of the account on which the balance in his hand that be  sequester arise to the end that the plaintiff may the better know how to form  proper interrogatory sergeant Hooper for the young lady say that if a sheriff  execute a execution upon good that do not belong to the defendant the party  grieve may have his action but in case of sequestration all the recompense a  person can have who good be wrongful sequester be bare a restitution on proof  of his right Lord chancellor as against the duchess allow the sequestrator to  open box and room that be lock if the key be deny they to schedule the good in  they but to remove nothing from powis house without the special order of the  court from Mr Cox note LordColchesters ms Lord pelham v Lord harley
a surrender be make of a copyhold estate to trustee to the use of the will a  will be make with only two witness to it it be admit that a will of a copyhold  estate do not require three witness but this be a devise of a trust relate to  land so within equity case abridge the very word of the statute of fraud the  heir controvert the surrender and the will this point be not determine but two  issue order July Appleyard and wood select case in Chan ld chancellor seem to  be of opinion that the devise of a trust must ensue the nature of the estate  and not make it be necessary to have three witness as the copyhold may be  devise without three witness but this may be question to be determine when the  issue be try ibidem vin Abr pl SC state it thus a seize in fee of Copy hold  land make a surrender to the use of b and c and their heir to the use of his  will and devise the land to d Parker c be of opinion that the circumstance  require by the stat car of fraud in devise of land ought to be observe in this  case for by this surrender the fee of the copyhold be in the Surrenderees and  only a trust devise by the will which can pass by the devise without the  circumstance require by the statute of fraud in relation to devise of land to  be duly observe but the counsel insist that a devise of copyhold be not within  the statute Lord chancellor say that if the surrender have be only to the use  of the will that may have be a question in this case but now it be not however  he incline to think it necessary in that case but will not determine that  point now that not be the case before he will make beyond sea of land in  England must be attest by three witness vide will Rep
a surrender the reversion in fee of copyhold land to his old son in tail  remainder to his own right heir in order to lesson the fine the son must have  pay in case the reversion have come to he by descent from his father he have  it by this surrender as a purchase afterward on the son treaty of marriage  with b the father tell her friend that this copyhold be settle on his son as  above and therefore propose a settlement of leasehold land which be make and  the marriage be have and pound portion pay afterward the father settle the  copyhold on a second wife Cowper c decree the surrender to the son good and  say that though it be at the first voluntary yet upon his treaty of marriage  it be regard as the principal inducement thereto it be now become valuable and  ought to be consider as if it have be but then surrender to the son a hill  Kirk and clark ms Rep Prec in Chan hill SC state it accord say the bill bring  by the father be second wife and her trustee to compel a specific performance  of her marriage article be dismiss with cost ibidem a it be not necessary to  insert in the son marriage article the copyhold it be a estate of another  nature and to pass in another manner and be already settle it be sufficient in  these article to provide for the settlement of what they further intend to  secure on that marriage without take notice of what be already settle to their  satisfaction and so the copyhold pass by the surrender as a proper conveyance  for that kind of inheritance and the leasehold by the settlement as a proper  mean for carry over that and both together make the settlement insist on agree  to be make and be in consideration of marriage and a marriage portion which be  a valuable consideration and ought not to be set aside in equity per Lord  chancellor in SC Prec in Chan ms Rep in SC accord
a survive factor may be compel to account not only for himself but likewise  for his Cofactor although it be admit that the executrix of the dead factor be  compellable and that among merchant Jus accresendi have no place Pasc car  Holstcomb and river in person Lord keeper Rainsford and wile justice Chan can  SC Nels by the commonlaw none can be charge in account but as guardian in  socage bailiff or receiver except in favour of merchant and for the  advancement of Trade where by the law of merchant one name himself merchant  may have a account against another name he merchant and charge he as his  receiver Inst a   remedy for or against the executor or administrator of  guardian bailiff and receiver or for or against Jointenants tenant in common  their executor or administrator be usual have in chancery and though now by  the statute Ann cap action of account may be bring against the executor and  administrator of every guardian bailiff and receiver and by one jointtenant  and tenant in common his executor and administrator against the other as  bailiff for receive more than his share and against their executor and  administrator yet still be matter of account think more proper cognisable in  equity than at law as the party can have a discovery of book paper and the  benefit of the defendant oath and especial if there be mutual and variety of  demand in which case the party may more easy have a equal measure of justice  by balance or discount they before a master and as this will give a court of  equity jurisdiction so will it likewise if there be different party concern in  interest but if any doubt arise about a particular demand it may be direct to  be ascertain by a issue and verdict at law
a survive trustee to preserve contingent remainder by his will devise as  follow as to such estate as the Lord have bestow upon he he devise part to I S  and his heir and all the rest of his real estate he devise to his wife and her  heir his honour hold that though this be a trust estate yet the legal estate  be in the devisor in the eye of the law it be his estate and his property and  therefore passes by the devise of his estate and if the devisor have devise  all the land which he have be seize of the trust land will certain have pass  neither can there be any inconvenience in such construction for as the  testator himself be a trustee so equity case abridge er p shall his devisee  also be a trustee to preserve the remainder mich Marlow and smith will Rep
a take out a Commission of bankruptcy against b and keep it for six month  without do any thing upon it and then execute it and b be find a bankrupt king  c on a petition supersede the Commission Trin ex part Puleston will Rep until  a have sufficient proof of the bankruptcy the want of which he allege be the  reason he do not execute it soon he ought not to have take out the Commission  which by have be keep so long in his pocket may have be the mean of draw in  people to give credit to the bankrupt and of furnish he with opportunity of  defraud many per Lord Chan and it be insist that the expense of another  Commission will be a fresh charge upon the bankrupt estate his lordship reply  he will take care that the former Commission shall not be at the charge of the  bankrupt estate ibidem
a tenant for life remainder to his first and other son in tail remainder to b  for life remainder to his first and other son in tail remainder to c with a  power to b after a s death without issue to make a jointure b marry in the  life a and before marriage covenant to make a jointure and to execute this  power when z shall come into equity case abridge possession a die without  issue male and b survive but die without make a jointure or execute this power  b s widow bring a bill against c to have a jointure make because b survive a  he may have execute this power and have covenant so to do and decree accord  cite as decree at the roll in the case of Alford and Alford vide pale yellow  re p in Eq will Rep SC cite arg in the case of lady Coventry and earl of  Coventry
a tenant for life remainder to his first son in tail remainder to his nephew b  b enter into several statute to c for payment of ten for one upon the death of  a in case he die without issue male in the life of b c in the life of a bring  a bill to compel b either to pay the principal and interest or be foreclose  any relief against the bargain b by answer declare the bargain fair make and  intend to abide by it and that he will seek no relief against it a die and c  be dead b bring his bill against the executor of c and notwithstanding b s  former answer he be relieve against the bargain on payment of principal and  interest without cost and lord Commiss declare that there be no further  proceed than the bill and answer that be only to double hatch the cheat decree  hill wiseman and beak vern Freem S g and decree accord h bind and penalty in  what case moderate in equity if the obligee have receive the great part of the  money due on the bind at the peremptory time and place and will nevertheless  extend the whole forfeiture immediate refuse soon after the default to accept  of the residue tender to he the obligor may find aid in chancery Anonymous  caryi
a tenant for life remainder to trustee to preserve c remainder to c the  plaintiff in tail remainder over with power for a with equity case abridge  consent of trustee to fall timber and the money arise to be invest in land and  to the same use c a fall timber to the value of pound without consent of  trustee who never intermeddle and a have suffer some of the house to go out of  repair c by bill pray a account and a injunction his honour say that the  timber may be consider under two denomination to wit such as be thrive and not  fit to be fall and such as be unthriving and what a prudent man and a good  husband will fall c and order the master to take a account c and the value of  the former which be waste and therefore belong to the plaintiff who be next in  remainder of the inheritance be to go to the plaintiff and the value of the  other be to be lie out accord to the settlement c mich Vac Lord Castlemaine  and Lord craven vin Abr pl but as to repair his honour say the court never  interpose in case of permissive waste either to prohibit or give satisfaction  as it do in case of wilful waste and where the court have jurisdiction of the  principal videlicet the prohibit it do in consequence give relief for waste do  either by way of account as for timber fall or by oblige he party to rebuild c  as in case of house c and his honour mention Lord Barnard case as to baby  castle vern but as to the repair it be object that the plaintiff here have no  remedy at law by reason of the estate for life to the trustee mean between  plaintiff S remainder in tail and defendant estate for life and that therefore  equity ought to interpose c and that this be a point of consequence say non  allocatur ibidem
a term assign by a executor in trust to attend the inheritance will in equity  follow all the estate create thereout and all encumbrance subsist upon such  inheritance but the term be by this mean become not asset at law the executor  who assign the same be liable to the creditor as for a devastavit per Lord  Chan Talbot mich in the case of Charlton and low will Rep cap XL  extinguishment
a term be assign in trust for the husband for life and then to trustee for  raise a annuity for the wife and then to the heir male of the husband beget on  the wife the husband die and then the wife and Lord chancellor hold that if  this have be a limitation of a estate at law the father take a estate for life  the limitation over to the heir male of his body will have make a estatetail  execute in the father and the heir male of his body will have take by descent  but be a trust of a term although the father do take a estate for life the  heir male take by purchase and it be not asset Trin Ann anon ms Rep it be  insist in the case of helley and helley Trin Ann that a trust of a copyhold  can be asset in the hand of the heir because the copyhold itself can be asset  and therefore that be a privilege estate the trust will follow the nature of  it and will not be asset but by Lord chancellor a surrender to one and his  heir in trust for another and his heir break the custom he say if a copyholder  in borough English surrender in trust for himself and his heir the trust go to  the heir at law therefore he take it that the trust in the hand of the heir be  asset ms Rep
a term be create for raise a daughter be portion but it be extinguish by the  descent of the inheritance on the daughter it be revive again in equity for  the benefit of creditor Powell and Morgan a case cite Norfolk v Gifford vern  vide Title creditor and debtor Eq can Abr e where the heir shall have the  benefit and aid OF the personal estate
a term be raise in blackacre in trust to indemnify a against encumbrance that  may affect Whiteacre which he have purchase of b the defendant and the widow  of the son and heir of b bring a Writ of dower of blackacre against the  plaintiff who be a infant and his guardian have let her take judgement at law  without set up the term or take any notice of it and the infant bring his bill  to berelieved against the judgement and the court hold that this case be the  same with lady radmor the term be create to indemnify a purchaser must  continue so and subject to that must be in trust for the heir and there be no  difference where the widow be plaintiff or defendant for it be the want of  equity exclude her from relief hill Wray and William vern SC but no resolution  Prec in Chan SC accord will Rep hill William and Wray say June it be decree  that the trustee produce the trust deed c and at a trial at law to enable the  infant to recover possession and that the widow shall account for the profit  that march upon a rehear and time take to consider of it wright Lord keeper  affirm his former decree but that on a bill of review bring by the widow  Harcourt Lord keeper on solemn argument reverse Lord wright decree and order  that the widow have recover dower at law this TrustTerm shall not stand in her  way hill ibidem the reporter by way of note say it appear there be first a  demurrer put in to this bill of review which be overrule a decree be make by  consent fix a sum for the arrear of dower and deliver up the possession to the  widow vide the argument of sir Joseph Jekyll master of the roll in the case of  bank and Sutton will Rep in vern the report contain only a very jejune state  of the case without argument or decision equity case abridge er p
a term for year be assign to trustee in trust to permit the husband and wife  and the survivor of they to receive the profit for so many year of the term as  they or the survivor of they shall happen to live and after their death to the  use of the heir of the body of the wife by the husband to be beget and it be  hold that the heir of the body take by purchase and that it do not vest  absolute in the mother who survive so as to go to her administrator mich  peacock and Spooner vern decree and affirm in the house of lord Freem SC state  it thus the trust of a term for year upon a marriage be limit to a the husband  for life then to b the wife for life and then to the heir of the body the wife  by the husband to be beget a die leave issue b marry a second husband and die  the husband take Administration and the question be whether the husband shall  have the term as administrator to the wife or the issue and it be resolve by  three lord commissioner that the issue shall have it for to support the intent  of the settlement they will take the word heir of the body to be description  story personae and not word of limitation affirm in dom proc this reporter in  a note say that this seem to carry the trust of a term far than any other  judgement and contrary to the former resolution note in Ves Lord Hardwicke say  he know not what to make of this case of peacock v Spooner et vide p wms Ves  but afterward a decree at the roll ground upon the case of peacock and Spooner  be reverse and decree the limitation to the heir male void and that the whole  vest in the father by the limitation to he for life remainder to the heir of  his body hill web and web vern vide p wms S C vide peacock v Spooner vern
a term for year determinable upon three life be assign to a and b in trust for  c who marry and die the question be whether this trust of a term go to the  husband who survive or to the wife be administrator Lord Chan hold clear that  the trust of a term as well as the term itself survive to the husband and that  he need not take out Administration a it appear that the wife always receive  the money of the trustee and the bill be to have the benefit of the trust and  to have a account against the trustee the payment to the wife be order to be  allow in the account they be by the permission of the husband mich Ann pale  and Michael ms Rep a if a feme covert have a term for year and die the lease  be the husband be and he may maintain a ejectment without take out letter of  Administration and then sure he need not in this case for equity will consider  this trust as execute ibidem
a term in a marriage settlement be for raise pound for daughter portion with a  power to the father with consent of trustee to revoke all the use the wife die  leave a daughter who marry without her father be consent on a bill bring by  the daughter and her husband for raise the pound it be insist that it will be  a breach of trust in the trustee to join with the father in a revocation but  Lord Chan Macclesfield think it not only justifiable but commendable in the  trustee under some circumstance to consent to such revocation a hill reresby  and Newland will Rep a as if the daughter shall be draw in to marry some  unworthy man who shall use her in a most barbarous manner and she shall  afterward die without issue upon which the husband shall sue for the portion  in this case it will be very reasonable for the trustee to join with the  father to revoke the use so if she shall leave child the trustee may  reasonable consent to a revocation in order to carry the portion from such  husband to the child per Lord chancellor ibidem
a term of ninetynine year be raise to secure daughter portion the trust  thereof be declare to be that if the husband shall die without heir male of  his body by m and leave a daughter or daughter that then such daughter or  daughter shall have if burr one but if more pound among they Payable at their  age of twentyone or marriage with a proviso that if the husband shall not have  any daughter by m live at his death then the term to cease the husband have no  issue male by m but have a daughter b who attain twentyone and marry the  plaintiff and have issue by he m die and e die in her father be lifetime and  then the father die and plaintiff have administer to e his wife bring a bill  for this portion but Lord Chan Cowper hold that he be not entitle to his wife  be portion b hill Wingrave and Palgrave will Rep b for by the first word the  trust of the term never arise that be to commence upon a condition precedent  videlicet if the father shall die without heir male and leave a daughter or  daughter which can be intend have have a daughter but leave a daughter and the  father leave no daughter at his death the trust of the term do not arise that  the proviso determine the term itself by not have a daughter live at his death  and that if the term be determine at law by the express provision of the party  it will be very strange for equity to revive it that the intention of the  settlement may be and probable be that this term shall cease and that no  portion shall ever in such case be raise for the benefit of a executor or  administrator after the daughter be death for who personal advantage this may  be design but in case of her death in the life of the father the intent of the  party may be to prefer the heir of the family who in this case be the  defendant a son by a aftertaken wife before any executor or administrator of a  decease daughter per Lord chancellor ibidem
a term of year be vest in the husband in right of his wife he make a  UnderLease for ten year and upon borrow money of the lessee covenant to grant  he another lease to commence after the end of the ten year and to continue  during the time he have any right c but die before he make such lease decree  at the roll that this be a good disposition of the term in equity because the  husband have a power to dispose it and that the covenant V Poph vern be such a  Lien as bind the right in who hand soever it go Trin Geo steed and Cragh Mod b  what act OF the feme before marriage the baron all avoid as do in fraud or in  derogation OF the right OF marriage econt
a termor of one thousand year without impeachment of waste devise the land to  defendant and if he die without issue then to plaintiff the plaintiff have get  a injunction to stop waste unless Cause and it be allege for Cause that the  plaintiff upon his own show have no Title because the devise to he after the  death of the defendant without issue be void it be object that the devise be  not to the defendant and the heir of his body as it be in the duke of Norfolk  case and that the word if he die without issue shall be construe without issue  live at the time oh of his decease which be agree to be good in case it have  be so express but here it be hold per Lord keeper that this be a devise after  die without issue general be void and thereupon the Cause be allow for that it  appear the plaintiff can have no Title but that it go to the defendant his  executor and administrator hill anon ms Rep Freem Rep Burford v lee in as many  word a personal estate be devise to I S and in case she shall die without  issue then to b resolve that the devise over to b be void and the whole decree  to a east anon Freem Rep can b
a testator may make his creditor executor and then the law give he a  preference a and not only so but the law allow this executor to give any other  creditor in equal degree a preference b it be true sometime chancery will  interpose because these power may be a Inlet to fraud but it will never take  from the executor himself this preference the law give he per Lord Chan Parker  east Geo in grammatical case cock and goodfellow Mod a but the debt of the  executor must be in equal degree with the debt of other and then he may prefer  himself accord to the rule of in equal jure melior be condition to have and  hold wentworth office of executor b S p in wentworth office of executor but if  the debt of the one be Payable at a future day and of the other present the  executor can prefer such future debt and pay it before the day of payment come  and leave the other unpay but after the day happen he may prefer either unless  in case of a suit commence before the day and Wentworth even think that a bare  demand of the executor before the other debt become due prevent the preference  though contrary to doctor and student but say he lie it not down peremptory
a the Act say before the last day of the next term after such arbitration make  and publish to the party b Mr viner in his note upon this case say quaere the  case of ware and walker if the bill there be not bring within the two month c  Barnard Rep in b r baste Geo Alardes and Cambell and William in scacc say the  opinion of the c b be that court of equity be not confine to allow of  exception to award within the time prescribe by the stat W as court of law be  and that hale and comens agree but that carter b differ bunb Rep S c c term  equity case abridge er p
a the clause of without impeachment of waste never be extend to allow the very  destruction of the estate itself but only to excuse for permissive waste and  therefore such a clause will not give leave to sell and cut down tree  ornamental or shelter of a house much less to destroy or demolish the house  itself hill Geo in Lord Bernard case pale yellow Rep in Eq Prec in Chan SC and  p where one that by law may do waste commit that which go to the destruction  of the thing he enjoy he that have the inheritance may have a injunction to  stay his commit such waste but if a tenant shall do waste by convert a house  into a mill or such other thing foreign from a mansion house quaere if a court  of equity will order he to restore it elder and Verden quaere term and year ms  note a waste in what case restrain INEQUITY AND in what case equity will give  relief
a the defendant be tenant for life but not without impeachment of waste b the  plaintiff be the remainder man and in these land there be several i of coal  which be open before a come to the estate and a open the earth in several  place to pursue equity case abridge the old vein of coal b move for a  injunction to stay a from open the earth in any new place and Lord Chan king  say this be determine in the great Cause of hellier v Twyford at the assize  for Devon before Powel I and that there it be prove to be the course of the  country and a practice well know in those part among the miner that any person  have a right to dig in i may pursue the I and open new shift or pit to follow  the same vein and that otherwise the work in the same i will be impracticable  because the i will be choke for want of air if new hole shall not be continual  open to let the air in and the same vein of coal frequent run a great way and  as his lordship express it the same I of coal be very knowable and easy to be  discern beside to stop the work may be the ruin of the Colliery for ever and  in the present case it appear that there be a fire engine keep by the tenant  for life of these i which carry off the water without which the i will be lose  and the work of this engine cost pound or pound a week then it be object that  these i be not open when the settlement be make but have be open by the person  who by that settlement claim a estatetail and be since dead without issue  whereas the settlement give only the benefit of the i then open to the tenant  for life but his lordship say it seem as if the tenant for life may work all i  which be lawful open by the precedent tenant in tail though subsequent to the  settlement and so deny the injunction mich Clavering and Clavering will Rep
a the father and b the old son resettle a estate to the use of a for life as  to part then to trustee for year to raise pound to be pay to c the second son  within six year after a s death or as soon after as the same can be raise and  in the mean time interest from a s death for his maintenance remainder to b  the old c c die indebt and two year after he a die from who a good estate come  to b the creditor of c can have this portion raise the contingency upon which  it be Payable never happen may Bradley and Powell can in Eq tempt Talbot vide  Eq can Abr p c
a the grandmother of b be seize in fee of land convey the same to the use and  intent that certain trustee in the deed name shall receive and enjoy a  rentcharge of pound per annum to they and their heir with power to distrain  and to enter and hold the land on nonpayment for forty day and then the say  rend be to be to the use of b in tail male remainder to the use of the same  person that have the land in fee b to who the estatetail be limit in the rend  die leave issue c who marry plaintiff and afterward die without issue male  whereupon one question be whether the plaintiff be dowable of this rend of  which her husband die seize in tail male and Lord Talbot hold that suppose  this be a rend create de to make new the remainder in fee whereof be  extinguish by a limitation of it to those that have the land such rend be  determine by the death of the husband tenant equity case abridge er p in tail  and have no long any existence the wife can be endow of that which be not in  be but that it be otherwise where tenant in tail of land marry and die without  issue whereby that estatetail be determine for the wife in that case shall be  endow notwithstanding because the land be in be though the estatetail therein  be determine and the dower be in some respect a continuance of the estatetail  so if a rend in be be grant to a in tail remainder to b in fee and a marry and  die sans issue the wife shall be endowed or if a rend de to make new be grant  to a in tail remainder to b in fee which have be c adjudge a good remainder  and a marry and die without issue his wife shall be endow hill chaplin and  chaplin will Rep vide tghe next case follow
a the mortgagee bring a bill to foreclose and b the mortgagor bring a cross  bill to redeem on which be a decree for payment of principal interest and cost  or else to be foreclose and on payment to be let in b die and the account be  take the plaintiff find the estate insufficient bring a new bill of revivor  and partly a supplemental bill both to review the former decree and proceed  and likewise to have a account of the asset of b and thereout to have  satisfaction for a bind which be give for a collateral security with the  mortgage to this bill the executor of b plead the former decree in bar that  the plaintiff elect his satisfaction and have not so much as suggest that that  satisfaction be deficient so that it do not appear but that he may receive a  double satisfaction for his debt and that it be plain that he have not waive  the mortgage by his bill of revivor a insist that it be the practice of the  court that take out of process or make use of any counter security be in  itself a waiver of the foreclosure and that a mortgagee have always his  election to waive and open the foreclosure and have recourse to his bind and  covenant if he think proper but per cur the plaintiff by his revivor have not  waive the mortgage or so much as suggest a deficiency so that the plea must  stand for a answer without liberty to except hill Geo birch case pale yellow  Eq Rep bill for tithe set forth a bill in this court in and a decree in for  these tithe after issue to try Moduses and verdict for the plaintiff defendant  plead that in Trinity he prefer his bill in chancery to establish the Moduses  and have a decree and plead the same verdict and decree in bar of the  plaintiff now demand plea allow per tot cur hill geal Cl and Wyntour in scacc  bunb
a the rector of saint Giles in the field apply to chancery to enable he to  grant a building lease of a house vest in trustee for the benefit of the  rector and equity case abridge er p his successor for ever a in his bill  suggest the ruinous condition of the house and that no body will undertake to  rebuild it but on have a lease for a long term and pray that it may be inquire  under what rend and covenant it be proper to have such lease grant the court  send it to a master who report that the party propose to let a lease for  sixtyone year and to improve the rend from XI to and that the house be ruinous  and that it will be for the benefit of a to have such a lease make with proper  covenant which the court order accord and a lease be grant and it appear by  the evidence that a have take a equity case abridge fine of of the lessee but  nothing of this appear upon the lease a die b his immediate successor bring a  bill against a s executor and the legatee either to avoid the lease as obtain  by fraud upon the court and on a contract injurious to the successor or to  have the pound with interest from the rector death for b s benefit and Lord  Chan Talbot will not set aside the lease say that the lessee in take it look  no far back than to the decree he see the power that a have and it do not  appear that he have a great bargain the repair have be great and the rather  because he have sell part but as to the late rector his lordship say he have  no doubt but that the pound ought to be consider as a part of the trust from  which it flow and ought to be repay to b with interest at per cent from the  death of a and so decree the to be lie out in a purchase for b and his  successor and till then to be lie out on security in trustee name and a s  executor to pay cost out of his asset but as against the lessee he dismiss the  bill with cost Trin galley and baker case in Eq tempt Lord Talbot cap xc  reference reference TO a master in chancery
a the testator have pound clue upon a mortgage devise the profit of it to b  the defendant for her livelihood and maintenance and after her death without  issue to the plaintiff and make b executrix and die plaintiff prefer his bill  to compel b to give he security that the money shall be preserve to he in case  she shall die without issue and it be make a question whether this devise of  the money be good or no the major opinion of the bar seem to be that the  limitation over to the plaintiff be void but Lord chancellor give no opinion  but say that although this court do sometime compel executor to give security  for legacy yet that must be when they be clear and beyond dispute and not when  the right be disputable as in this case or at least depend upon a contingency  bill dismiss mich dingly and dingly Freem Rep
a thing in action release Fenner show how Bartholomew Brooksbie have bring a  quare hinder and declare how a be seize of the advowson in fee and grant to he  and another the next avoidance and after the church become void and the other  release to he all his right c and the defendant disturb he and after they  plead to issue which be find with the plaintiff and this matter allege in  arrest of judgement that the release be void and then he have no cause of  action for when the church become void then it be a thing in action or  actionary and therefore can not be grant over by h and by the same reason it  can be release as and p and m and and p and m in dyer Anderson if it be a  interest it shall survive and by the same reason it may be release and it  shall go to his executor wherefore then may it not be release et adjornatur
a this statute enact that if at any time hereafter any person shall become  bankrupt and at such time as they shall so become bankrupt shall by the  consent and permission of the true owner or proprietary have in their  possession order and disposition any good or chattel whereof they shall be  repute owner and take upon themselves the sale alteration or disposition as  owner that in every such case such good shall be liable to the bankrupt debt  as if their have be the proper good of the bankrupt in mich term a action of  trover for a parcel of diamond be bring against the assignee under levis  Commission to who before the bankruptcy the plaintiff have deliver the diamond  to sell but it appear upon the trial before holt c I that the real property of  the diamond belong to the plaintiff the above clause of the James be insist  upon by the defendant counsel and this seem a hardship upon the plaintiff be  make a case in b r where on argument it be adjudge that these jewel be  original the plaintiff and the bankrupt have no more than a bare authority to  sell they for the plaintiff use be not liable to the bankruptcy cite arq in  the case of Copeland and gallant as the case of LApostre v Le Plaistrier will  Rep
a this Writ be not much in use at this day I hawk pi c c S upon a motion for a  supplicavit at the suit of I S a barrister at law upon article file on oath of  assault and battery against c and that he go in fear of his life Lord  chancellor grant the Writ which command c to find surety for the peace for  twelve month and order it to be endorse for pound which the party and his  surety shall be bind in mich Mr clavering case will Rep afterward a motion be  make to discharge the order or at least to lessen the sum c be only tenant for  life of his estate and mention the stat James c which give cost in case of a  groundless and vexatious complaint of this nature but Lord Chan Macclesfleld  will not discharge the order for then c may kill I S and his lordship say the  court interpose in this case to prevent mischief and to save life and it be a  order of course if c complain of vexation he come too soon let he stay till  the year be out and behave himself quiet all that time it seem c be a man of a  turbulent and dangerous spirit that his friend be afraid to be bind for his  quiet behaviour and if the sum be too great for his circumstance there ought  to be a affidavit to prove this and so his lordship deny the motion ibidem it  seem his honour general refuse to grant this Writ direct the party aggrieve to  apply to the justice of the peace ibidem after a imprisonment for fifteen  month upon a supplicavit and no prosecution commence against the defendant in  all that time the party be discharge on very slender security east Geo  Grosvenor and Edward in b b FitzGibb equity case abridge er p cap CVII  survivor
a though a creditor of a bankrupt under pound can assent or dissent to the  certificate yet he have a right to petition and show any fraud against allow  it per Lord Chan mich ex part Allen vin Abr pl b former the judge have  cognizance of the certificate but be find inconvenient the great seal have  take it to itself atk Rep c any creditor whatsoever as well creditor who have  sign as those who have not sign may object to the allowance burr Rep sect  every bind bill note or other security whatsoever give by any bankrupt or by  any other person to the use of any creditor as a consideration to persuade he  to sign such certificate shall be void and the party sue on suck contract may  plead the general issue and give this Act and the special matter in evidence  sect if any bankrupt who shall have obtain his certificate shall be take in  execution or detain in prison on account of any debt owe before he become a  bankrupt by reason that judgement be obtain before such certificate be allow  it shall be lawful for any one of the judge of the court wherein judgement  have be so obtain on such bankrupt produce his certificate allow to order any  sheriff or gaoler who shall have such bankrupt in his custody to discharge  such bankrupt without fee Vid Geo p par relate to bankrupt discharge from  security Payable at a future day
a treat for a purchase with b and the land to be purchase be encumber with  mortgage and judgement the purchase money be agree be return to London and  place in a indifferent hand to be pay in discharge of those encumbrance when  the quantum of they shall be adjudge and assignment make but before that be do  the purchaser die and do not leave sufficient asset to pay his debt upon bind  the question be whether the money deposit as aforesaid shall be asset of the  purchaser and be apply to pay his debt or must be apply to pay off the real  encumbrance on the purchase estate for if it be to be apply to pay off these  encumbrance then the creditor of the purchaser must lose their debt but if  otherwise then the mortgagee c will be pay out of the land by virtue of their  security and the creditor will have their satisfaction out of the money and so  all may be pay Lord keep wright be of opinion that the money be bind by the  agreement and must be apply to pay off the encumbrance mich far and Middleton  Prec in Chan
a trust be to be govern by the same law and be within the same reason as legal  estate and this be a maxim which have obtain universal it be so in the rule of  descent as in gavelkind and borough English land there be a b possession  brother of a trust as well as of a legal estate the like rule in limitation  and also of bar intails of trust as of legal estate per sir Joseph Jekyll  master of the roll who say he think there be no exception out of this general  rule nor be there any reason that there shall and that it will be impossible  to fix the boundary and show how far and no far it ought to go and that  perhaps in early time the necessity of keep thereto be not see or through  consider hill in the case of Sutton and Sutton will Rep b I Inst b   b  chancery may decree a executor or trustee to purchase land for a infant and  whatsoever this court can command to be do without doubt it can approve when  do per Lord chancellor pale yellow Eq Rep a who shall be deem to be a trustee  and for whom And here of the power of a trustee b trustee in what case  favoured And in what case decree to account c trustee how far answerable for  each other d what shall be a trust et econt What a sufficient declaration of a  trust and here of carry a trust into Execution And what estate be to be convey  by trustee when the trust remain to be execute and to Thom e of a result trust  f what act of a trustee shall be a breach of trust c g act of trustee and  beneficiary and trust as to destroy contingent remainder c h case relate to  beneficiary and Trust And in what case equity will compel trustee to join in a  recovery c with beneficiary and trust equity case abridge er p a who shall be  deem TO be a trustee and for WHOM  AND here OF the power OF a trustee guardian  by statute be only trustee per Lord Macclesfield Trin will Rep
a trust of a surplus where land be devise for payment of debt c if it be a  result trust to the heir and be not devise away be asset by descent in the  hand of the heir upon the statute of fraud per Pratt c I in the case of roper  and Radcliff Mod
a trustee have contract to sell a estate to one person and the beneficiary and  trust have actual sell it to another who move for a injunction to quiet he in  the possession be disturb by the trustee it be hold by my Lord keeper that a  injunction for quiet the possession be only grantable where the plaintiff have  be in possession for the space of three year before the bill exhibit upon a  Title yet undetermined or in case the Cause have be hear and judgement pass  upon the merit of the Cause by the court lady Poiness case vern injunction to  stay waste vide Title waste injunction to stay proceed at law vide Title court  and their jurisdiction that chancery will not grant a injunction unless a  right appear vide vern Chan can vern will grant a perpetual injunction vide  Chan can Chan can Chan can the lessee of a ancient mill on the river r file  his bill pray to be quiet by injunction in the possession of his mill and that  the defendant may be decree to pull down several work erect by he to the  obstruction of the plaintiff enjoyment and be restrain by injunction from  building other work c upon a demurrer for that plaintiff ought to have  establish at law his Bight in the premise before he require the aid of this  court Lord Thurlow Chan say I take it to be a head of equity to interpose by  way of injunction when a party be erect new work upon a old possession but  that when the work have be permit to remain three year it be consider as such  a Laches as to preclude the party from have belief here without go first to  law in this case it have be put upon this ground that equity case abridge er p
a trustee misbehave be order to pay cost out of his own pocket and not out of  the TrustEstate mich Loyd all and spillet all will Rep
a TrustEstate be decree to be sell for the payment of debt and legacy and to  be sell to the best purchaser a article to buy the estate of the trustee and  bring a bill to compel they to perform the contract the trustee by their  answer disclose this matter and submit to the court be Willing if indemnified  to convey pursuant to the contract bill dismiss by Lord Talbot for the court  will make no new decree but will leave the former decree to be pursue Trin  Annesley and Ashurst will Rep
a uncle have devise his estate from his nephew and heir at law a young brother  of the heir at law at the uncle funeral snatch the will out of the hand of the  executor and tear it in many small piece but most of they and particular such  part wherein be the devise of the land be pick up and stitch together again  and on a bill to have the will establish it be decree that the devisee shall  hold against the heir and he to convey to he although there be no direct proof  make that the heir direct the tear of the will mich hains and hains vern a  will though gnaw to piece by rat in the life of the devisor if by join the  piece together the content can be know the will be good so if a will continue  in write at the death of the devisor though tawn burn or lose after it shall  stand good Allen a write in form of endenture and seal and deliver if prove to  be intend a will shall be good as such Chan can Mod
a vide p l b publication of old deposition where refuse to be grant see bunb  after publication pass and deposition deliver out to be copy publication can  never be enlarge ibidem c deposition suppress because take before plaintiff  solicitor who be one of the commissioner and the solicitor be order to pay all  the cost or a attachment to go against he mich Fricker and more in scacc bunb  Rep
a voluntary deed find to be fraudulent against a mortgagee yet the grantee in  the deed may afterward sue for redemption for it be good against the grantor  and his heir and he shall have the equity of redemption per the master of the  roll Nov car Ramm and Cartwright Freem Rep in case of enrolment of deed though  a person have no Title till enrolment yet when enrol h be in from the time of  execution of the deed per Hardwicke c December in Bassett and Bassett vin Abr  pl a deed year old prove itself but a deed of year old do not bunb a of the  operation of deed c b where write I e bind remain in the custody of the  obligors c in what case equity will order deed c to be deliver up d in what  case the court will order deed to be bring into court for inspection c e  defect in deed c in what case supply in equity f of suppress cancel and burn  deed and write a OF the operation OF deed c
a widow have a jointure and be executrix to her husband and residuary legatee  with her son conclude on a marriage with the plaintiff and by the marriage  settlement he jointure several land upon her and also by the same deed the  jointure land by the first husband which never vest in the trustee for her  sole and separate use and disposal and likewise all the personal and  testamentary estate which she have as executrix to her first husband she have  before those article lie out part of the personal estate of her first husband  in the purchase of land for year in her own name and afterward she lie out  more of the personal estate in purchase the inheritance which purchase be in  her son name the question be whether those land purchase with the personal and  testamentary estate of the first husband be to be account as a personal estate  and so the wife to have the sole and separate use thereof and extrude the  husband therefrom Lord Chan I will not account those purchase as part of the  personal estate within the intent of the marriage article but if she have any  part of the personal and testamentary estate of her late husband be in her  hand at the time of the marriage article that shall be reckon part of the  personal estate although it be pay after for the purchase of those land for it  be a personal estate at the time of the article indeed if a equity case  abridge woman by a marriage agreement be to have the separate use of any  estate during the coverture she be to have that and the produce of it after  the marriage and if a that of it be invest in a purchase this court will  follow it look upon it as the produce of what she ought to have eastly and  eastly mich Ann ms Rep
a widow make a deed of settlement of her estate and marry a second husband who  be not privy to such settlement and it appear to the court that it be in  confidence of her have such estate that the husband marry her the court set  aside the deed as fraudulent I and Hooker Chan Rep
a widow possess herself of her husband be personal estate and pay several of  his debt and after his executor get the estate out of her hand and upon a bill  prefer by her it be decree by consent of counsel that she shall be allow for  all payment make which be incumbent on the executor to pay accord to the  course of law but as to payment make out of order and rule which the law leave  the executor liable to she shall not be allow if they be to the prejudice of  the executor car air and air Ch a b if a widow possess herself of the personal  estate as executrix under a revoke will and pay debt and legacy but have no  notice of the revocation she shall be allow those payment in equity vide Hele  v Stowell Chan can
a wife can either by herself or prochein any bring a a human being Replegiando  against her husband for he have by law a right to the custody of her and may  if he think fit confine her but he must not imprison her if he do it will be  good Cause for her to apply for a divorce near rage a the nature and proceed  in this will show that it can be maintain by the wife against hot husband east  atwood and atwood Prec in Chan b OF the writ ne exeat kingdom
a wife have authority to make a will devise to her husband her gold equity  case abridge er p watch and all the good which she bring into his house and  decree that such good only pass as be then bring in and not any bring in after  but that book jewel picture and money do not pass hill Vac dorm and bishop of  Sarum vin Abr pl
a wife have be use with cruelty by her husband become entitle to pound as her  share of her mother personal estate who die intestate and it wag decree that  the wife shall have the interest of it for her separate use and then to the  husband if he survive and afterward the principal to be pay the issue and if  no issue then to the survivor of the husband or wife Paso Nicholls and Danvers  vern the reporter add a memorandum that the husband have give a note to his  wife that if he shall again use her ill she shall have her share of her mother  estate to her own use vide William v Callow vern a separate maintenance decree  a wife
a wife join with her husband in a fine in order to make a mortgage which  afterward be not make the husband die and the wife bring a Writ of dower and  get judgement by default and the heir can not be relieve against it here as he  will have be if fine have be a bar of her dower in equity as it be at law anon  ms Rep pre in Chan SC accord cite arg mich as Mr danby case
a wife who husband be banish for his life by Act of parliament may make a will  and in every thing equity case abridge act as a feme sole as if the husband be  dead Trin countess of Portland and Prodgers vern and the legatee equity case  abridge er p under the lady sandis will who husband be so banish be decree  their legacy by h it be declare in express word that a devise of any manor  land c by a feme covert infant idiot or non compos be not good that such only  who have a sound and dispose memory can devise vide   a cro James and that it  be not sufficient that they be able to answer to familiar and usual question  if a man make a will in his sickness by the over importunity of his wife to  the end he may be quiet this shall be say to be a will make by restraint and  shall not be good Styl a feme covert executrix can devise any of the good  which she have as executrix without the assent of the husband or his agreement  after roll Abr the husband may bind himself by covenant or bind to permit his  wife by will to dispose of legacy c and this will be such a appointment as the  husband will be bind to perform cro Elizabeth cro car but it do not operate as  a will neither ought it to be prove in the spiritual court Mod for the  property passes from he to her legatee and it be his gift ibidem per curian if  he once assent he can after dissent and where he be bind by agreement to let  her make a will his consent shall be imply till the contrary appear and what  shall be a sufficient evidence to a assent salk Mod what religious person be  disable from make a will salk roll Abr
a will as well as a deed may be set aside in chancery for fraud or  circumvention cur clear of this opinion mich in the case of Welby and Thornagh  et ux et econt Prec in Chan
a will as well as a deed may be set aside in chancery for fraud or  circumvention per cur mich in grammatical case Welby and Thornagh ux econt  ibidem
a will be begin and several legacy be give to the next of kin and also to the  executor and then at the beginning of the next sentence the will stop and be  leave unfinished and per Lord chancellor the testator have give the executor a  legacy it be most likely he will have give away the residue from they and  therefore decree the undisposed residue to be distribute accord to the statute  of distribution hill Geo Knewell and gardener pale yellow Eq Rep
a will be make in French and prove in French and under it in the same probate  the will be translate into English but it appear to be false translate object  that the translation be part of the probate and allow in the spiritual court  it must bind and the application must be to that court to correct the mistake  which until then must be conclusive but per his honour nothing but the  original be part of the probate neither have the spiritual court power to make  any translation and suppose the original will be in Latin as be former very  usual and there shall be a plain mistake in the translation of the Latin into  English sure the court will determine accord to what the translation ought to  be and so it be do in this case hill lfit and LBatt will Rep witness vide  evidence and witness Eq can Abr p equity case abridge cap CXX writ a of the  Writ a human being Replegiando b of the Writ ne exeat kingdom c of fill a  original Writ nunc pro tunc c d of the Writ de ventre to look into e of a  elegit a OF the writ a human being Replegiando
a will begin as to all my worldly estate my debt be first pay I give c the  real estate be liable to the debt nothing be devise till the debt be pay hill  Harris and Ingledew will Rep I S by will charge all his worldly estate with  his debt and die seize of freehold and copyhold estate which he particular  dispose by the will the copyhold though not surrender to the use of the will  yet shall be apply to the payment of the debt acquire step with the freehold  decree by Jekyll master of the roll hill Harris and Ingledew ibidem
a will of a personal estate obtain by fraud and by get the party to swear that  it shall not be revoke yet after probate in the spiritual court be not to be  controvert in equity but if a party claim under such will come for any aid  into equity he shall not have it Nelson and Oldfield ibidem
a will shall have relation only to the testator death and not to the make for  till his death he be master of his own will and therefore a will of a papist  in Ireland be hold to be avoid by a subsequent statute make in that kingdom  which enact that the land of papist there shall not be devisable but descend  in gavelkind Jan Burk and Morgan vin Abr pl S C bro PC
a will shall not be read on proof of a witness be hand unless other be  positive proof that he be dead hill Geo in chess bishop and Burton Comynss Rep
a witness allege he have mistake himself at a Commission the Commission be  return he come to London and make oath that he be surprise a special  Commission issue to reexamine he which be do accord but this special  Commission be suppress on motion per his honour with the advice of the six  clerk as contrary to the practice of the court car anon ms Rep Freem Rep Jan  Charles Randall and Richford SC accord witness examine upon the first  Commission can be examine upon a second to the same matter without leave per  price b bunb witness may be examine before replication if the plaintiff do not  else car can Freem Rep
a witness be order to be examine de bene be where the thing examine into lie  only in the knowledge of the witness and be a matter of great importance  though the witness be not prove to be old or infirm king c mich Shirley et all  and Com iron will Rep bill for a discovery and satisfaction for a fraud and  breach of trust in the defendant in the east Indies all the defendant who be  supercargos and writer have answer but naish who have only appear the  eastindia ship be oblige to go out the latter end of this month it be move in  behalf of the company that two of their captain who be swear to be material  witness and not likely to return in less time than eighteen month may be  examine de bene be save just exception which be allege to be often do in  chancery though there be no precedent for it in this court but only where  witness be age or sick this be debate by seven counsel of a side and the  motion be refuse per tot cur what they principal go upon be that if there be a  necessity of examine these witness it be a necessity of the plaintiff own  create for it appear they be as servant to the company and they may have  employ other ship and captain that it will be put a great difficult upon the  defendant since these witness be to go so soon for though naish may  crossexamine have appear yet it be impossible he shall get interrogatory  prepare consider the many charge in the bill within the time though the  company may be prepare with they the eastindia company and naish et all Oct in  scacc bunb Rep
a witness prove a will of land swear that he subscribe the will as a witness  in the same room and at the Testatrixs request two other swear that they see  the will execute by the testatrix and that they subscribe the same in the  Testatrixs presence a four witness be go beyond sea and therefore can not be  examine Cowper c doubt as to the proof of the execution of this will but will  declare no opinion on the point until further application say that the heir at  law then a infant may by that time come of age afterward Lord Macclesfield  hold that the bare subscribe by the witness in the same room do not necessary  imply it to be in the testator presence for it may be in a corner of the room  in a clandestine fraudulent way and then it will not be a subscribe by the  witness in the testator presence mere because in the same room but that here  it be swear by the witness that he subscribe theWill at Testatrixs request and  in the same room this can not be fraudulent and be therefore well enough mich  Longford and Eyre will Rep the proper way of examine a witness to prove a will  as to land be that the witness shall not only prove execute the will by the  testator and his own subscribe it in the presence of the testator but likewise  that the rest of the witness subscribe their name in the testator presence and  then one witness prove the full execution of the will since he prove that the  testator execute it and likewise that the three witness subscribe it in his  presence per Lord Chan Macclesfield ibidem
a woman be find a lunatic and the custody of her be commit to a stranger on  application make by her sister to have the custody she insist that as she be  next of kin so she be the proper person for that purpose for be entitle to  Administration to the lunatic she will be the more careful of her effect and  the objection to a guardian as next of kin who may inherit will not hold in  this place because there be no inheritance my Lord chancellor hold that this  be not a matter of right but of prudence and that he will not remove her from  the custody of the stranger nor ever grant the custody of a lunatic to one who  shall make gain of it but he say the sister shall be call to the yearly  account before the master lady cope case Chan can concern the custody of  lunatic vide Hargr   light b note a lunatic before he become such make a  mortgage of a good part of his estate for pound afterward his committee  transfer this mortgage and take up or pound more upon it and my Lord keeper  declare the mortgage shall stand a security for pound only and he likewise  hold that the committee of a lunatic have a estate but during pleasure and  therefore can make lease nor any way encumber equity case abridge er p
a woman be never endow in equity of a trust estate arg in the case of the  countess of Radnor and Vandebendy vide Vol Abr Eq can S c parliament equity  case abridge er p
a woman enter into a bind and after marry have bring her husband a  considerable fortune the husband constant pay the interest of the bind during  the life of the wife now a bill be bring against the husband for payment of  the bind and the case of freeman and Goodham vide Vol Eq can Abr p can that  Edit be cite and that the husband have pay the interest be a take the debt  upon himself b resolve that the husband be only Chargeable for what be sue for  and recover in the life of the wife this be the clear law of the land and  unalterable but by Act of parliament c and for that reason no room for equity  to interpose let the wife have bring ever so large a fortune the husband be  not liable either in law or equity bill dismiss but with cost per king g Trin  Geo Jordon and Foley Sel can in Chan b No room for equity to arise from the  husband be have pay the interest for during the wife be life he be oblige to  have pay both bind and interest and his pay one will not make he Chargeable  with the other ibidem c the law be so and the alteration of it be the proper  work of the legislature only per Talbot c in the subsequent case
a woman entitle to a choose en action marry and die the husband take out  Administration to her and die before the money be re equity case abridge  ceived Administration be take out to the husband and the money be pay to his  administrator plaintiff take out Administration to the wife and bring a bill  against the husband be administrator to repay the money and hold that it be a  right vest in the husband immediate on the death of the wife and that her  administrator be only a trustee for the husband and her administrator bring  such bill against the person for who he be a trustee be a breach of trust and  dismiss the bill with cost may Burgundy and Bullen vin Abr pl SC atk say that  the same point be so determine by Lord Macclesfield mich in the case of cart  and Rees or reeves vide Eq can Abr p can ibidem
a woman entitle to a rentcharge marry and at her husband be death there be  arrear due per Bathurst and Aston lds Commis there be no doubt that arrear  survive and here be no express or imply intention of the party that the  husband shall have these they shall go to the wife notwithstanding she have a  settlement salwey v salwey Ambl equity case abridge er p equity case abridge  cap XII bill a by who it may be bring b who be to be party to it c matter  proper for a bill in equity d bill of discovery and herein of what thing there  shall be a discovery e bill because Timet in what case proper f bill of peace  to prevent multiplicity of suit g crossbill h supplemental bill l bill of  interpleader king certiorari bill l bill of review and reversal m bill  original after a decree n bill take pro acknowledged admitted fact a by who it  may be bring the king may sue in chancery for equity roll Abr the chancellor  himself may sue or be sue in equity but he can make a decree in his own Cause  ibidem if a alien purchase land in the name of another admit the king be  entitle to the trust yet he must sue in equity to have it execute roll Abr the  churchwarden may join with a poor person who be Chargeable to the parish march
a woman marriage be a revocation of her will per king c Trin in grammatical  case cotton and Layer will Rep vide Rep p divorce concern it a wife divorce a  Mensa Thoro for adultery forfeit her right to her moiety and widow Chamber  which she be otherwise entitle to by the custom of London t Pettifer and James  in scacc bunb Rep
a woman on agreement before marriage with her husband be to have a power to  act as a feme sole and the husband die and she marry again the second husband  not be privy to the settlement on the first marriage it be decree that the  second husband shall not be bind by that settlement make on the former  marriage Edmonds and Dennington a case cite in Carleton v Dorset to be decree  vern
a woman who have a separate maintenance may dispose of what she save out of it  by will George v chancy tooth Pridgeon v Pridgeon Chan can S p Nell Chan Rep S  p Bletsow v sawyer vern equity case abridge S p vide gage and Lister or  Leicester Eq can Abr part equity case abridge l what right survive TO either  OF they or their representative by the dissolution OF the marriage
a write agreement be unreasonable the court will not carry it into execution  but decree that it be deliver to the party for who benefit it be design that  he may have a opportunity to make the most of it at law Feb squire and baker  vin Abr pl
a young son bring a bill and surmise that a copyhold which his father have  devise to he by will be surrender to the use of his will or however that be  for the advancement of a child it ought to be make good here he make no proof  of any surrender nor that a court be call for that purpose nor any proof that  any of the courtroll be lose which be pretend and he be well provide for  without this copyhold and the elder brother be in possession twenty year by  consent of the plaintiff so the bill be dismiss with cost Paso James and James
abatement for part Carleton bring entry sur seize against car who for part  plead that he have nothing but in right of his wife not name c and so demand  judgement of the writ and for the rest he plead in bar and they join issue for  both and the jury appear at the bar and find both the issue for defendant and  now the question be whether the writ shall abate for all or no because for  part it be find that the defendant have nothing but in right of his wife or  whether it shall abate but for this part only and Shuttleworth argue that it  shall abate for part only and he resemble it to joyntenancy in which case it  shall abate but in part and he cite dier pound r distinction joint e  distinction brief and Walmisley say that it be more like to a several tenancy  in which case all shall abate as in non tenure but Peryam say to he put a case  where several tenancy shall abate all the writ Anderson Joyntenancy and seize  in right of his wife be all one to this effect and intent for in joyntenancy  he confess that he be sufficient enough but that another have right as well as  himself also and so where he confess that he be seize in right of his wife he  confess that he be tenant but that another ought to be name with he Peryam  true it be that there be no difference concern this purpose and intent and if  the recovery he have against the husband sole he shall be bind and at length  all the justice agree that the Gouldsborough report writ shall abate but in  part and that judgement shall be give for the rest and so for that residue the  judgement be nothing to take in hand per breve vide Henry Elizabeth fol
abatement ford bring a action of debt against Glanville and his wife  administratrix will do you much good catellor who to be John S durante those  inferior in rank lifetime t S the defendant plead that hang this action  against they the say t S during who nonage the wife be administratrix come to  full age and if this be a good plea or no be the question and adjudge a good  plea
abatement John Cleeton bring a ejection firm against Lawsell and Lawsell  defendant and after a verdict find for the plaintiff and before judgement one  of the defendant die and the writ be adjudge to stand good against the other
abatement the queen bring a quare hinder against the incumbent and the bishop  the bishop plead that he claim nothing but as ordinary and thereupon judgement  formal be give against he send to be remiss execution c the incumbent plead in  bar whereupon they be at issue and this issue depend the incumbent die and now  gawdy move if the Writ shall abate against the bishop or no and Wyndam and  Peryam clear that it shall abate but if the plaintiff have aver the ordinary  to be a disturber then judgement shall have be execute but now he claim  nothing but as ordinary and thereupon judgement give which be but conditional  upon the plea of the incumbent it seem that the writ shall abate for there be  none now to plead against the queen but if the bishop have be aver to be a  disturber then it have be otherwise and Peryam resemble it to the case of  Henry where it be bring against the patron and the incumbent and the patron  die or the incumbent the writ shall not abate against the other but they  command he to move it again when the Lord Anderson be present
abbot against more ante assumpsit in dell Br modern pl Maynard pray judgement  in action sur case on agreement between the defendant and William more who  have a annuity out of the defendant land and owe debt to the plaintiff in  consideration whereof the defendant promise to pay the plaintiff which be a  equitable obligation and a express promise to pay it be sufficient Jones pro  defendant the payment by the defendant be not say to be in discharge of  William debt owe to the plaintiff which yet be not sufficient for the promise  which the court agree and be after a verdict there can be no discontinuance  but upon a nil to take in hand the plaintiff may have a new action with any  little variance and judgement pro defendant
abbot against more assumpsit in dell Br in action sur case in consideration  that William more indebt to the plaintiff agree with the defendant to pay  livre arrear to William on grant of annuity of livre per annum out of the land  of the defendant the defendant promise to pay and per curian here be no  promise or consideration by the defendant as on Clypsam and Moris case  judgement stay ex motion Polyxphen in arrest of judgement post
abbot against weekly at oxford follow hall v nottivgham ex d refer to Mercerv  den Ch Ch prescription for inhabitant to dance in apothers ground at all time  of the year trespass for break his close the defendant prescribe that all the  inhabitant of the will time out of memory c have use to dance there at all  time of the year at their free will for their recreation and so justify to  dance there issue be on the prescription and a verdict for the defendant and  to save his cost the plaintiff move in arrest of judgement that this  prescription to dance in the freehold of another and spoil his grass be void  especial as it be lie videlicet at all time of the year and not at seasonable  time and that it also ill levinz lie in the inhabitant who although they may  prescribe in easement as   Gatewards case and some other book be yet they  ought to be easement of necessity as way to a church c and not for pleasure  only as this case be second if it be good it ought to have be lie by way of  custom in the town and not by prescription in the person and a case be cite  where it so adjudge on a demurrer but by the court this be a good custom and  it be necessary for inhabitant to have their recreation and as to the second  that though perhaps it have be ill on a demurrer yet issue be take thereon and  find for the defendant it be good and judgement be give for the defendant
abbot and sorrel ejectment in ejectment bring by a devisee of rend on  condition that if the legacy be not pay annual c that it shall be lawful for  the devisee to enter and after the demand make this action be bring and the  lease entry and ouster be confess but by Windham justice this be only of a  entry sufficient to make the lease that entitle to the action not of a entry  that give a title to the land and for not prove a actual entry the plaintiff  be nonsuit so it be say to have be rule in ken in the schoolmaster of Croydons  case last assize by Twisden justice of b r but he have rule it also contrary  in another case in the same circuit and it be say the opinion of justice wile  be that actual entry must be prove Keble er p
abbot and vaughan Trin banc sup pasch rot error upon a judgement in a action  upon the case for word Abbott biought a action upon the case against  Vaugbanand his wife for word speak of the plaintiff by the defendant wife and  upon not guilty plead and a verdict find for the plaintiff and a judgement  thereupon give upon a writ of error bring this exception be take that the  verdict find the wife only guilty and yet the judgement be give against baron  and feme which be urge to be error but e be cite on the other side that the  judgement be well give Glyn chief justice the jury have find the wife guilty  and so the declaration be true and therefore just cause of action and the  judgement well give
abbot OF KINGSWOODS case a lease make one year before the statute of  dissolution of a Abbywood which have be sell every year to the country round  be void the abbot of Kingswood in the county of wilts in the that year of  Henry make a lease under the convent seal of a park dyer a er p or close of  wood in Wosilworth in the county of Gloucester which be three mile distant  from the say house for the term of eighty year reserve a rend of five shilling  and the house within the year be dissolve and this park be not ever in lease  before but every twenty year the wood there be sell to the country and be  never reserve to their own use for hospitality be whether this lease be within  the statute of h c and by the opinion of the judge of the common plead it be  within the statute and therefore void S p m fol post
abbot seize in right of his abbey of a rectory with all tithe c the abbey be  dissolve and the crown grant the tithe c the parson dispute the tithe with the  patentee but bill dismiss mark turner and Wray vin Abr pl
Abdi administrator against hopkins widow Abdi assignee c against the same  plaintiff have two different cause of action against defendant one as  administrator the other as assignee defendant be arrest at plaintiff suit as  administrator but in the title of the affidavit for bail administrator be omit  though put into the writ defendant remain in custody for want of bail  plaintiff do not declare as administrator agreeable to his writ which be a  known on good evidence out of Middlesex into Surre but make a new affidavit of  his other demand as assignee and deliver a declaration in Surre for it endorse  for bail rule to show cause why supersedeas in the first cause make absolute  the affidavit be a nullity but the arrest be not void in the second cause the  rule discharge
Abel against drake amendment after writ of error in exchequerchamber of  judgement in a account give only for damage and cost and not for the principal  sum Polyxphen pray a amendment here the verdict be pro plaintiff on issue in  discharge of the account which the court grant and hereupon a certiorari may  be pray in exchequerchamber to make the record here and the transcript there  to agree though per Twisden the record here may be carry up thither and amend  as in c b and the damage be too high the plaintiff agree to remit all but d  post
abery v er Dickenson the book of commissioner ought not to be inspect unless  they be party upon a motion for a rule to inspect and take copy of the book of  the commission for bold backney coach it appear that the defendant be a  officer under the commissioner and that the action which be a action of  trespass be bring against he for take a distress for a penalty inflict b the  commissioner upon the plaintiff a rule be refuse and by the CourtAs the  commissioner be not party to the action the plaintiff ought not to have the  liberty of inspect and take copy of their book
Abigall baker against mounford in a ejection firm the point be the patron take  a obligation of the clerk which he present that he shall pay to the son of the  last incumbent so long as he shall be a student in Cambridge unpreferred by  the court adjudge that that be not simony otherwise if it have be to have pay  to the son of the patron foster justice vouch the earl of sussex case a  obligation make by the presentee to the patron to pay annual to the wife and  child of the late incumbent and notwithstanding great opposition to the  contrary the parson keep and enjoy his parsonage to this day and judgement  accord by verdict in our case Noy a recover in debt against b a bring ascire  fac b plead that a be outlaw c that be a good plea if he be outlaw after the  plea in bar plead in the action of debt but otherwise it be if he be outlaw  before for then b may have plead that in bar in the first action and that if  in our case the money be in court the king sergeant pray to have it for the  king he ought to show the outlawry sub pede seal and the party ought to  confess that he be the same party in a ejection firm among other thing these  point be resolve tenant in tail of a manor with a advowson appurt grant the  porch in avoidance and die and the issue enter in the manor then the grant be  void but not without entry as it seem by Rep and although that such a grantee  present by colour of such a grant yet that be a usurpation which shall bind c  a lease for year and after for year and so from year to year until year be  expire that be a lease but for year and the odd year shall not be account  because that do not happen to be determine by year and so if it have be for  year c c that it be find that the lessor be now incumbent and good although  they do not find that he be in life for it be more than employ c
abney and hedge sheriff of London versus white debt upon a sheriff S bind the  plaintiff bring a action of debt against the defendant white upon a bailbond  and declare general as upon other bind videlicet that the defendant bind  Carthew er p himself to they in so much money without say per nomina  vicecomitum community London as be usual in such case the defendant pray oyer  general of the bind and condition and make the entry in the usual form  videlicet petit hearing scribe obligatorii predict ei to bring together c  petit etian hearing condition scribe that ei to bring together in haec word  then be plead the statute h against sheriff bind c and set forth a arrest c  and that this bind be take for ease and favour Carthew the plaintiff perceive  their mistake of omit per nomina viscount enter upon the record the defendant  pray oyer of the bind c and then they set forth the bind it self as well as  the condition thereof to strive for quod script pillage irrotuletur  irrotuletur in haec word by which it appear that it be take by they by the  name of sheriff of the city of London in express word as usual then they reply  and confess they be sheriff of London c and the arrest c and the bind be take  by they per nomina Vic community London sub condition preceding to discharge  the party from the arrest absq hoc that it be take for ease and favour and  upon a demurrer to this replication it be hold per curian that notwithstanding  the defendant have enter the oyer of the bind with a c only videlicet ei to  bring together c yet the plaintiff may enter it at large on the record and by  so do he have avoid the defendant S plea of the statute because now it appear  on record that the bind be take by the plaintiff by the name of sheriff c and  that the variance between the bind and the declaration be not material neither  be it any departure in the replication to say it be take by they per nomina  vie so the plaintiff have judgement
Abney v Wordsworth Dobyns for plaintiff we come to show cause why Wordsworth  shall not have further time to redeem the decree be sign and enrol and the  father be foreclose by his own consent by sign the registrar book and now the  son the heir of the mortgagor want a year long time to redeem Mr Cowper for  same side the estate be not worth our money affidavit read Mr sergeant  Bretland for the son the estate have be compute at more than pound Lord keeper  let the son have six month long time from this day to redeem take till  Michaelmas term to redeem if money not then pay let the order to foreclose  standand this to be peremptory
Absalom against knight and barber in replevin easter geo avowry for rend in  arrear and issue thereon plaintiff have give notice with his plea in bar to  set off a mutual debt against the rend and offer to give evidence of it at  last Berks assize before Mr justice denison who refuse to admit the same barn  er p the question be whether such evidence ought to have be receive or not and  the court be of opinion that such evidence be proper reject this case be  neither within the letter nor the intention of the statute the issue be  special and not general it be not a action upon a personal contract the rend  favour of the realty and the remedy be by distress replevin be a mix action  the judgement if for the avowant must be a return of the cattle to take the  benefit of the statute plaintiff and defendant must plead proper in debt on  bind defendant can set off under non be factum or to loosen ad diem but must  plead special perhaps by way of special plea to the avowry plaintiff may have  plead a mutual debt of more than the rend there can not have be a setoff by  defendant under non to take in hand nor can there be for plaintiff under riens  in arrere the rule to stay the entry of judgement upon the verdict for the  avowants be discharge Belfield and agar for plaintiff Skinner for avowants
ABTHORP all v JENNINS Oct injunction to what court extend Mr Bootle move for a  injunction on a dedimus and that it shall extend to stay proceed in the bishop  of ely court until answer where the defendant as rector of Gambliga in  Cambridgeshire Bunbury libel against the plaintiff his parishioner for all  sort of tithe and upon allege that there be several modus the proof of which  will arise out of the answer the motion be grant quod notam but the rule be  discharge Nov follow attorneygeneral v Starkey April term Paschae a injunction  be grant to stay proceed in the spiritual court of Richmond in Yorkshire
Abthorpe against Thoroughgood Wednesday Nov legacy hetley pl hetley c pl c  hetley pl Keeling pray a prohibition in suit for a legacy on refusal of a plea  that the defendant have no asset which the court refuse be matter only of  appeal the spiritual court have conusance of the principal and per Twisden so  have latter authority be on refusal of proof by one witness and a prohibition  deny in both case
abuttals Edmund nevell bring a action of trespass against I sail and declare  quare enclosed space to break in pieces in in loco peremptory or urgent call  Claveringfield abuttan super a certain molend in tenure I S opinion curiae if  Gouldsborough report the plaintiff do not prove his buttals be be go and for  that be can not prove that the mill be in the tenure of I S the jury be at bar  be discharge and howbeit that there be a way between the close and the mill  yet the buttall be good
account state be a good plea but if there be any agreement to rectify mistake  equity case abridge er p it shall not conclude though under hand and seal per  master of the roll July car in the case of proud and comb Freem Rep
ACHERLEY and vernon how far a court of equity can grant a perpetual injunction  canc upon a bill bring to have a perpetual injunction the defendant plead to  the jurisdiction of the court against grant such injunction but it be say that  there have be several instance in which such injunction have be grant the  first be in the case of the earl of bath and Shering and be do by order of the  house of lord upon a appeal another be between Leighton and Leighton accord  Lord chancellor put off the consideration whether it shall so be do in the  present case till the hear of the cause
Acheson vers fountain see Goodwin v Robarts lr ex App Cas mich Geo rot the  order of a endorsee may sue on a general endorsement to he only upon a case  make at nisi prius in person Pratt c I it appear that the plaintiff have  declare on a endorsement make by William Abercrombie whereby he appoint the  payment to be to Louisa Acheson or order and upon produce the bill in evidence  it appear to be Payable to Abercrombie or order but the endorsement be only in  these word pray pay the content to Louisa Acheson and therefore it be object  that the endorsement not be to order do not agree with the plaintiff  declaration but upon consideration the whole court be of opinion it be well  enough that be the legal import of the endorsement and that the plaintiff may  upon this have endorse it over to another which will be the proper order of  the first endorsor more v man Com Rep high v east India company burr lack Rep  anon b lr p S p judgment pro to express grief
ACMAN S case a soldier commit by the general bail d he be a soldier be commit  to the guard for give the general saucy language and now the court bail he  upon a habeas corpus and they incline to have discharge he if it have be move
ACOURT and swift in assumpsit joint against three No severance of the  judgement Q error of a judgement in Ireland in b r there on a assumpsit  against three to pay money for wine sell the defendant plead several two of  they plead non assumpsit and the three confess the action and judgement be  give for two and against the three pollexfen pro quer in error in trespass  they may sever but not in a contract as our case be here the debt and contract  and declaration be joint and so by consequence ought the judgement to be h  side hill car Legar S case the word ipse non assumpsit can imply Self non  assumpser and so answer not the declaration issue of all plead ought to be  most certain and no construction shall be make against the word Comberbach  holt contra the first exception be against you for you shall not take  advantage of a judgement give for you though erroneous vide Slocomb S case the  judgement give for the two defendant be good I agree if a assumpsit be bring  against three if a joint promise be lie in the declaration I apprehend he mean  a actual promise judgement can be give against one but where three be joint  charge non assumpsit modus form must signify accord to the declaration in debt  upon a joint bind one may plead non be factum suum and yet it must be prove to  be a joint bind before the plaintiff can recover pollexfen the last case be  against you for non be factum suum can signify non are fanctam svan all the  book be that modus form go to the substance of the issue the court at first  open of the case seem d to agree with holt but afterward judgement be reverse  post
action of trespass for the mesne profit at law for Jus possession be go by the  statute and consequent the mesne profit and if once the statute begin to  attach incapacity as coverture c will not aid it this statute do not extend to  a trust see Norton and Turvil p c but in this case the defendant come in by a  recovery at law and the twenty year elapse before the bill file the bill must  be dismiss quoad the account of rend and profit Ann Nevarre and Rutton vin Abr  pl
action upon the statute OF hue and cry action bring by the servant in his own  name part of the good be his master Needham versus inhabitant Hundredi de  Stoak Trin James rotulo action bring upon the statute of hue and cry by the  servant who be rob in his own name and part of the good be his master and part  his own proper good and Brownlow goldsborough er p find guilty as to his own  good and a special verdict as to the good of his master and judgement for the  plaintiff
acton and air mich banc sup error to reverse a judgement in the common plea in  a ejection strong a writ of error be bring to reverse a judgement give in the  common plea in a ejection strong and the error assign be that the judgement be  quod to express grief recupere the word quod defendens to take in hand be omit  and upon this exception the court reverse the judgement for they say in this  judgement thus enter there be no return of damage nor a to take in hand and so  the commonwealth be cozen of the fine and the defendant bar from bring his  writ of error
acton and Weyman ante amendment in ejectment on extent against tenant of  sheriff process be take to the coroner without any suggestion and bigland  after verdict pray judgement upon car cap the right of the action be try and  the issue not alter but per curian want of suggestion be not aid and judgement  stay
acton versus eel mich will B R comens S C call and blackall v heal and other  damage give in trespass lie at a time not come it shall be intend another time  be prove Vid Mod S C cart Mod Mod in trespass for assault and battery and  verdict for the plaintiff it be move in arrest of judgement that the time lie  in the declaration be not yet come Bl per cur then it be a time impossible and  the jury must be suppose to give damage for another trespass and it be as if  no time have be allege otherwise if the time have be lie after the action and  before the verdict for that shall be intend to be the trespass that be give in  evidence and that be after the action bring and so it be where it appear that  the jury give damage for a time not come Salkeld as in sand where the contrary  can be intend keb in point judgement for the plaintiff then Northey move that  they may have leave to enter the judgement as of the precede term because the  plaintiff die since the verdict curian enter it as you can but at your peril  we give no leave nor direction about it Salkeld er p
Adam against cannon Adam do exhibit his bill against Mr cannon and in the  beginning thereof do charge he general to be a maintainer and solicitor of  other man cause among which he diamond maintain four lie cause in particular  and those four be certain and particular charge against he by the bill but at  the hear of the cause the court be not satisfy that any of those four be  sufficient prove but the plaintiff prove diverse other maintenance upon the  generali charge but in regard the particular be not prove the court will not  sentence he for the particular ground upon the general and discharge he  thereof so that he be whole discharge upon the reason mention in sir John  Bingleys case and in this case all the rule in sir John Bingleys case be again  confirm mich James in the starchamber
Adam against dixie consideration to raise a assumpsit b be arrest for debt at  the suit of a put in r his special bail after judgement be give against b and  for that that b neither pay the debt nor render himself a bring a to know fac  against r r hear of that come to a and say that in consideration that a will  assign over the debt of b to he and deliver to he the obligation of b that he  will pay the debt a promise to assign the debt r pay the money and because  that a will not assign the debt he bring his action against he and  maintainable and that the consideration be good yet it be say b the other  party that by the judgement and default of b it become the that debt of r and  then when r pay it which he ought by the law that will not amount to raise a  consideration ass e delivery of hip proper evidence be not a satisfaction for  the trespass say non allocatur
Adam against gay error error direct mayor Constabl Bristol stapulae mayor  bailiff community Bristol nec non in tolcestria ibidem bailiff viscount who  vestruin de think over quod in person thou and the return be of a record in  person viscount bailiff which per Twisden be ill send raynsford and Moreton  and Keeling Ch just contra that the record be well remove and not like Cr  godson and Delaport and power where the return be by other or but by part of  the court but here be three distinct court and this be a full style of one  court and by the writ the court appear distinct mill and spry style and in the  city of Exeter ante and other precedent do not contradict this for it be  prudent to name the style of all the court by nec non c not know in which it  be and this be the fault of the plaintiff in the writ if any and judgement  affirm
Adam against Tomlins debt in b r on a judgement there after error bring  thereof in cam scace S c raym I vent lev side Mod keb in trespass damage be  recover and judgement thereon and error bring thereof in the exchequer Chamber  pen which the plaintiff bring a action of debt in this court for the and by  all the judge except Kelynge it well lie for the record itself be yet in this  court and the writ of error be a supersedeas of the execution only see h note  this cause be hear in chancery pasch car before Bridgman who hold that the  marriage and portion of the first wife extend to the issue by the second and  that sir Charles join with sir Nicholas in the conveyance to Jenkins and not  recite the power it can not be intend to be do in execution of the power but  as owner and therefore deny relief although there be a covenant for further  assurance which sir Charles may have make by recovery but he not have do it  his issue shall not be compel to do it vide post levinz er p
Adam against ware Intra Trin James rot note that it be say in a action upon  the case between one Adam and ware a attorney that whereas one Hennings sue  Adam in a action of debt and Adam retain ware to be his attorney and give he  warrant to plead the general issue and ware suffer the judgement by nothing to  say that this be not any cause of a action except it be by covin and for that  if Adam have not lie in his declaration that this be by covin he shall not  have recover and at another day it be agree that the covin be not traversable  by plea but only in evidence at the bar
Adam and hutton of what thing a action of trover must be bring lend assize in  a action of trover bring for a certain quantity of barley it appear upon the  plaintiff own evidence that the barley be deliver by the plaintiff to the  defendant to be make into malt upon which judge page declare that trover will  not lie for the barley because it be deliver for another purpose to be make  into malt he say too that it will not lie for the malt because it do not  appear that any tender be make of the money due for make the barley into malt  accord the plaintiff be nonsuit
Adam and Offle pray a habeas corpus for a prisoner in the Marshalsea to  testify in a cause in Middlesex which the court grant but hale chief justice  say he never will grant it in his chamber be but as a private person and the  party may escape which will be remideless
Adam and Wilsons case note it be say that when a false judgement passes  against the defendant he may pray the court that it he enter at a day  perenitory so as he may have attaint or a writ of error and cook chief justice  say that if judgement Jn 0e principal action he reverse the judgement give  upon the to know fa ias  shall also he reverse because the one do d pen upon  the other walmesley iry this case say that it have be the usudl course of this  court that if one deliver a plea unto a aturney of the court as the last term  and it be not e tread that now at another term the defendant may give in a new  plea if he will because the first be not upon record Godbolt pasch James in  the common plead
Adam v carter olive v the same hob two information exhibit the same day for  the same matter both shall be set aside Bunbury de term S hilarii January John  fortescue aland esquire make a baron of the exchequer
Adam v DODDESWORTH a bill for relief after judgement and execution dismiss a  bill to be relieve upon a bind after judgement and execution and because no  material matter allege for maintenance thereof therefore dismiss Adam  plaintiff Doddesworth defendant year Elizabeth caryi er p
Adam vers rush prohibition to settle churchwarden account ante vin Abr n per  curian the spiritual court have no jurisdiction to settle a churchwarden  account and a prohibition be grant after sentence allow the account and a  appeal to the arch
Adam vers VERELLS g Sess c borrow of stock not within the suspend Act on a  motion for common bail it appear to be a borrow of stock and a promise to  transfer the same quantity at a future day et per curian there must be bail  for this be a lend and therefore not within the Act which speak only of  contract for the sale or purchase of stock
Adam versus arnold pasch W case W trespass for a assault upon the plaintiff S  wife and get her with child and what the wife declare in her labour reject to  be evidence holt c j will not suffer the plaintiff to discredit a witness of  his own call be swear against he
Adam versus cross in a replevin against cross and two other for take of  diverse good at ware in in loco peremptory or urgent call a message there the  defendant make conusance as bailiff of jane cross and they say that before the  caption she be seize in her demesne as of fee at the will of the lord of the  manor accord to the custom of the manor of and in the aforesaid message which  say message be and time out of mind have be parcel of the say manor and demise  and demisable by copy of courtroll c and be so seize June she demise the say  message to the say Adam from thenceforth at will reserve for so long time as  the say Adam shall hold it the yearly rend of l by equal quarterly payment by  virtue of which demise the say Adam enter and be and yet be Ventris possess  and for l be a year and three quarter be rend end at the Feast of the Nativity  of saint John baptist last pass they as bailiff to the say jane distrain the  say good be in the house c to this avowry the plaintiff plead a insufficient  and frivolous bar and now take exception to the avowry for that the say jane  cross be therein set forth to have be seize in fee of the say message at the  will of the lord accord to the custom of the manor and show no admission from  the lord whereas a copyholder can plead his estate without set forth a  admission or grant from the lord   b but the court resolve in this case there  need not be show any admittance for the tittle do not come in question if one  plead a particular estate for life or year general the commencement of it be  to be show but if a lessee for year let for a lesser term reserve a rend in a  action of debt for the rend he may set forth that at the time of the lease he  be possess of the land pro boundary to visit a year adtunc thus far venture  and be so possess demise to the defendant c without show the beginning of his  term and how derive for it be but a inducement to the action and judgement be  give for the avowant
Adam versus Fleming hill James rotulo action of the case bring for these word  videlicet he have forswear himself before the council of the march meaning the  council of the marsh of Wales in the suit I have against he there and I will  sue he for perjury there and after verdict for the plaintiff move in arrest of  judgement that the word be not actionable for their uncertainty because the  court can not take notice that they have authority to hold plea in matter of  record judgement for the plaintiff for these word thou art a false forswear  knave for thou do take a false oath before a judge of assize to hand a man for  collateral matter which be not duty a request be necessary
Adam versus freeman b r imprisonment defendant justify under a capias in debt  in a base court without show any summons and well enough ante Murray and  Wilson assault and imprisonment defendant justify under a capias issue out of  a base court in a action of debt and show that a plaint be levy in such a  manner process to be that a capias issue c plaintiff demurrer and it be object  that the plea be nought be daring it do not appear that any summons issue  before the capias say per totum curian in such a manner process to be that a  capias issue be well enough and we will suppose every thing regular below  judgement for the defendant
Adam versus guy sand keb error to reverse a judgement give in the court at  Bristol in debt against the defendant as executor to I S who declare upon a  mutuasset of he so much because debt lie not against a executor upon a simple  contract say non allocatur be agree to the action and suffer judgement to pass  against he second that be set forth that the testator mutuasset which proper  signify to lend and not to borrow and it ought to have be P  of mutuor be but  the court affirm the judgement and hold that either may be expound to borrow
Adam versus TERTENANTS OF savage Pas Ann B R ld raym S C quod vide Mod case  Administration in Dorset no title to a judgement in any of the court at  Westminster post far Mod case c S C salk salk holt lill Ent S C ante vide skin  to know facias on a judgement in B R as administrator of I S and by his  profert show a administration grant by the archdeacon of Dorset the heir and  tertenants plead riens per dissent c and the plea be adjudge nought the to  know facias be abate by judgement quod nothing to take in hand per breve which  in this case the court say be a bar to the action of the writ but not to the  action and the reason of their judgement be because the plaintiff have make  this administration his title the court can not intend any other and the plead  over can not admit that to be a title which to the court appear to be no title
Adam versus TERTENANTS OF savage pasch Ann Mod c in a case Mr m former a  attorney of the court now counsellor at law be accuse of foul practice in his  profession the court say though he be now a counsel yet perhaps that will not  discharge he from be a attorney still and then we may get his demand tax as  such a counsellor be a kind of minister of justice and right and as such  punishable for misbehaviour in his profession and holt CJ say will you have  the point try whether a counsellor at law may commit extortion court
Adam versus Tomlinson debt Danv ab p I lev side keb judgement be give for the  plaintiff in b r upon which the defendant bring a writ of error in the  exchequerchamber and after the writ of error bring the plaintiff in the first  action bring a action of debt upon the judgement to which the defendant plead  nul tiel record and resolve the plea be nought for notwithstanding such a writ  of error a action of debt lie upon the judgement as dyer b pl and and e but  bendl pl take this difference that when the action of debt be bring before the  writ of error the action continue good but if the writ of error be first bring  debt do not lie but in Timbny and Langhams case the judge hold it be all one  and that a writ of error be not any supersedeas to a action of debt and that  notwithstanding the writ of error the bail may bring in the principal in  discharge of the mainpernors
Adcock who tam v er gill in a action who tam for exercise the trade of a  worsted weaver in the city of Norwich contrary to the pound Ch c there be a  special verdict after this verdict have be argue once upon the merit denison I  desire that it may at the next argument be consider whether the pound Ch c  which be make for regulate the manufacture of stuff in the city of Norwich and  in the county of Norfolk be not a private statute of which as it be not in the  present case plead the judge can take notice and he mention the case of king v  wile keb in which it be agree by the court that this statute be a private  statute at the day upon which the verdict be to have be argue a second time it  be ad initted that the objection of Mr justice denison as support by the case  of king v wile be too strong to be get over and consequent that judgement must  be enter for the defendant
addee and hutchinson what shall be say to be a confession of a error which be  assign upon record this be a writ of error upon a judgement in the common plea  want of a original and warrant of attorney be assign for error the defendant  come in gratis without any process and plead instanter in nullo be erratum Mr  Gill say that by do this the defendant have confess the error for he have  thereby prevent the plaintiff from take out a certiorari to verify they he say  there be two case in Salkeld in point to this purpose and therefore he hope  the judgement shall be reverse which the court accord do and the next case be  of the same nature the court reverse that judgement likewise Mod
Adderley against dixie trin geo h declaration deliver to the attorney in the  country not good Vid mountstephen v templer ante p and case there cite cook a  motion in the treasury by Mr Eadnal agent for the defendant attorney for leave  to plead a tender on a declaration deliver in the country the day before the  essoinday of this term the judge be unanimous of cook c p opinion that a  declaration deliver in the country to a n attorney appear for the defendant be  not good but it shall have be deliver to the agent in town and they make a  rule for the plaintiff to show cause why proceed on such declaration shall not  be stay and why he shall not deliver a new declaration on the plaintiff show  cause it be order by consent of the agent on both side that the rule shall be  discharge and the defendant shall be at liberty to plead a tender as of easter  term last
ADDINGTONS case Aylff move for a prohibition for one Waddington for that that  he be executor and be sue in the Council of York upon a obligation for the  payment of a legacy and he allege that a lease which be put in the inventory  be alien to he by the testator in hetley his life time and so the question  will be whether that shall be asset which ought to be try at the commonlaw and  therefore pray a prohibition Richardson say the Council of York have power of  all obligation and therefore have jurisdiction of the principal they have  jurisdiction of the accessary davenport it be see that they may proceed upon a  obligation of all sum if they proceed his noble birth as in the court of  equity but if a thing tryable at commonlaw as asset or not asset come they can  proceed c Richardson if a suit be there for a legacy and payment be plead they  may try that but if they meddle in matter of title then a prohibition shall be  grant Hutton there have be many motion upon these ecclesiastical obligation  for prohibition and all way they be deny and so it be in this case
adkin against Worthington a attorney Eyre for defendant demurrer and show for  cause that in the memorandum it be not say whether the bill be in a plea of  debt or case or in what plea chapel for plaintiff argue that the bill be set  out in haec word and show itself judgement for plaintiff
adkin against Worthington a attorney trin geo two prac ring barn S c nature of  action omit in the preamble of the bill yet good Vid Sidebotham v Frith post p  cook the defendant demurrer to the declaration and for cause show that the  plaintiff in set out the preamble to the bill have not mention the nature of  the action upon the argument the court declare that the cause of action be  sufficient set forth in the bill and therefore no matter if it be omit in the  cook c p er p preamble quod constat clare non opus be verify and therefore  give judgement for the plaintiff upon the demurrer note in dark against ware  Trin cook the court resolve accord upon the same point
ADLAME versus Colebatch pasch will c b where the plaintiff shall reverse it at  his own charge vent it be move in c b that the plaintiff may reverse a  outlawry at his own charge upon affidavit that the defendant be actual in the  fleet in execution for Salkeld er p the plaintiff in another suit and he know  it and it be grant because the plaintiff shall have bring he to the bar by  habeas corpus and there have charge he with a new declaration a a vide Rep B R  tempt hard
Administration be grant to two and one die the Administration survive to the  other so hold per Lord Chan Talbot on hear civilian July Hudson and Hudson  ibidem vide I Vol Abr Eq p can
Administration grant in a foreign court as at parish be not take notice of in  our court say arg Trin in the case of tourton and flower et all will Rep
Administration grant to another in case of a divorce a Mensa Thoro during the  coverture the master of the roll will not assist the wife as to dower but bid  her go to law to try her Title there be no impediment east shoot and shoot  Prec in Chan
admiralty for stay ship for ballast the master brother and governor of  trinityhouse sue in the admiralty court one Boreman for that that where queen  Elizabeth by her letterspatent under the great seal of England hear date the  year of her reign have grant to they the ballast of all ship within the bridge  of London and the sea and that no ship shall take any ballast of any other but  of they and for that that the say Boreman have receive ballast of another  within the place aforesaid he be sue in the admiralty court and upon that  prohibition be pray and day be give to hear both party the master of Trinity  house come into the court and the judge demand of he for what end the say suit  be there begin if it be to have the defendant in prison or to have recompense  or for other purpose but he can not give any answer to that and upon that the  judge say that the place be allege to be at Ratcliff be within the body of the  county without question and for that for the place shall be try at the  commonlaw second the great seal and letterspatent of the king shall be expound  accord to the course of the commonlaw and the admiralty can punish by  imprisonment pecuniary punishment nor otherwise three the letterspatent be  void for for that one charge be raise upon the subject for the private gain of  this private house for they will not ballast any ship under d for every tun of  ballast but if the letterspatent have be make for public good peradventure  they have be good but a prohibition be grant note that the say Boreman be a  dutchman and his two ship be arrest and stay by the admiral warrant out of the  say court so that he be enforce to find surety to answer to the say suit  before be can have his ship at liberty
admittance by virtue of a forge letter of attorney in the name of a copyholder  to surrender a copyhold to the use of a and the attorney surrender accord  whereupon a be admit be a void admittance per Lord Chan Macclesfield Trin in  grammatical case hildyard and SouthSea company and keate will Rep
adrian LAMPEREVE and other frenchmens case S C Mod certiorari postea a motion  be make by the solicitor upon a special direction from the king in behalf of  the say Lampereve and other Frenchman to have a certiorari to Bedford gaol  where they be commit for robbery Ventris er p keeling chief justice I late  attend his majesty about this matter and I think he have be satisfy with what  I then say and now repeat videlicet that if wonder shall remove they now we  shall discharge his majesty justice for there be no indictment find and none  can be find but at Bedford and the prosecutor and witness be there but he may  have it try at the bar if he please so the only way be to let they stay at  Bedford till the assize and then if the prosecutor appear not or a ignoramus  be find they will be discharge by proclamation and if the indictment be find  then the judge may take a new recognizance of the prosecutor to appear and  prosecute here and you may have a certiorari now to deliver there or you may  have it there from my brother Rainsford who go that circuit to remove all up  hither solicitor I suppose this will satisfy curian we must acquit our self of  the king justice Ventris in easter term follow they be bring up hither and be  arraign upon the indictment they plead not guilty and some of they desire to  be bail and the court say they ought but it must be do in the court because  the bail must be bind body for body and they require four man to be bail each  worth l body for body and in no sum certain they be afterward try per center  point linguae and some of the alien be not Frenchman and most of they dwell in  Middlesex
adstone against hunter hill banc sup arrest of judgement in a action on the  case Adston bring a action upon the case against hunter and his wife for these  word speak of the plaintiff by hunter wife videlicet jane Adstone do bewitch  my good man innuendo her husband upon not guilty plead and a verdict find for  the plaintiff it be move in arrest of judgement that the word be too general  and uncertain to raise any scandal and therefore a action can not be bring for  speak of they shaftoe of council with the plaintiff hold that the word be  actionable because they declare a act or thing do and the party be scandalize  by the word Rep team his case and the word my good man be word well knowit to  express her husband by as James to say thou art a healer of felon be well  understand to mean a concealer of felon and if the word good man be incertain  yet they be certain enough to show that some body be bewitch for the act do be  certain enough express and the plaintiff be thereby scandalize and beside it  be after a verdict and by it they be make certain and damage be give for speak  they mich car Com banc stone case rot roll chief justice say these word thou  have bewitch a man be actionable and it be a scandal to say one have kill a  man by witchcraft and he hold the word actionable jermin justice say they can  not be actionable because by they there be no act of witchcraft express  Nicholas justice say the word be not actionable for thou have bewitch one may  be speak in a good sense word be but wind speak in passion sometime and other  time in jest or merriment ask justice say that the word tend to scandal as  they be speak and shall be intend that she have bewitch one by diabolical art  and roll chief justice say it be not necessary to aver what act of witchcraft  be do and these word thou have bewitch I and my aunt have be adjudge  actionable in this court it be adjourn to be argue again the next term
affidavit be allow to be read for the patentee of a new invention on a motion  to dissolve a injunction on come in of the defendant answer on account of the  great prejudice that will arise to the patentee be the injunction to be  dissolve easter Gibbs and coal Talbot Lord Chan will Rep dick
affirm on a rehear mich doyley and Tolferry pale yellow Eq Rep Dawley and  Ballfrey SC in as many word will Rep mich Dagley and Tolferry S c and decree  affirm on appeal note this case be think hard and the more so it be prove that  the testator on his deathbed give direction that the executor shall pay the  legacy to the father that he may improve the money for the infant benefit note  also that this particular circumstance omit in pale yellow Rep appear in the  RegisterBook and from whence it also appear that this case be right state by  Mr p William and that great stress be lie on this circumstance in the petition  of appeal ibidem side vide Philips v paget atk
after a churchwarden account be allow at a vestry the spiritual court shall  not proceed against he to account on oath hill Nutkins and Robinson mich  Snowden and herring S p bunb equity case abridge cap nineteen commission and  commissioner a OF commission Commission to set forth land in what case it  shall not be grant bunb b OF commissioner a OF commission see p this work
after a devise to I S in tail with remainder over there be a proviso that if I  S or his issue or any of they shall do any Act to change charge or defeat the  bequest such person or person so do c shall pay to the next in remainder c  pound Lord keeper Henley hold that the condition be repugnant to the estate  which I S take be void king v burchell Ambl term Rep in not S c b in what case  the breach OF a condition or the not perform a condition precedent or  subsequent will be relieve against the matter rest in compensation
after a foreclosure the mortgagee by will dispose of the money due on the  mortgage upon this admission in the will bill be bring to open the foreclosure  the court take time to consider of it and after the party agree cite per his  honour as the case of Stuckville and dolben select case in Chan
after a order to refer a answer for insufficiency though it can be refer for  impertinence yet it may for scandal a as be determine in the case of ellison  and burgess hill Vac by king c ibidem in a note by the editor a for the court  itself be concern to keep its record clear and without dirt or scandal appear  thereon say arg ibidem when a defendant be in contempt for want of a answer  and a insufficient answer be put in that be no answer at all and the plaintiff  be not to begin his process de to make new but go on regular from the last  process June Geo Rep of Sel case in canc
after a plea put in there can be no motion for a injunction till the plea be  argue but the court at the instance of the plaintiff will speed the argue of  the plea and will give leave if the plea shall be overrule that then the  plaintiff may move at the same time for a injunction say per Talbot c mich in  the case of sir William Humphreys and Orlando Humphreys will Rep
after a separation with a competent allowance by way of maintenance the  husband can be sue for the wife be debt she may be sue alone for they and a  second husband will be liable joint with her for debt contract during such  separation vide Compton v Collinson bro Chan can
after a suit commence in equity a executor shall not be allow any voluntary  payment hill bright and uvoodward vern per curian Parker v Dec Chan can S p  per curian
after service of a Writ of execution of a decree against a cor oration the  next process be a distringa and after that a sequestration which be once award  they can never after come and pray to enter their appearance as they may have  do on the distringa which issue to compel they to appear but the appear be  pass the process must go on because the appearance be only in favour of  liberty can be of no service to a corporation which can be commit mich Harvey  and eastindia company Prec in Chan vern S c
after the bill and answer come in and replication file several witness be  examine and their deposition take then the plaintiff move to withdraw his  replication and take exception to the answer and get a second answer and then  reply and examine other witness and on the hear will read other deposition but  the other side insist they can not be read by reason the replication be  withdraw and so take without any replication they be irregular and ought to be  suppress which Lord chancellor order accord for that it be say they shall have  examine they anew after the second answer come in and replication file or have  move the court to have equity case abridge have liberty to make use of they at  the hear east Andrews and brown Prec in Chan Vol Abr Eq p can SC but not S p
against ashton Thursday may administratrix dyer Mr solicitor pray a  prohibition for the daughter administratrix be sue by the mother for repeal on  sir George sand case but per curian on Collins case James on a commission of  delegate Cr the wife be residuary legatee in the will annex the court will  stay nothing for residuary legatee ought to have it before the next of kin but  else the statute be in the disjunctive the ordinary have execute his power  Adjornatur
against bowden trial Keeling cite William case that a new trial for perjury  have be after conviction but per curian that be by consent but upon a  acquittal which be move Keble er p Windham conceive none be ever have but by  consent which the court agree though this be only by defect of a copy of a  bill in chancery wherein the false oath be not in any of the record and a  verdict against the king only because he can not be nonsuit nor can he have a  action upon the case bail notam by the course of the court upon bind of vast  sum to perform article in debt for nonperformance may be common bail or accord  to the value of the breach assign at the discretion of the judge
against Cox amendment in trespass of assault and battery lie Aug car wile the  king sergeant pray a amendment but the same day before trial in Middlesex  which the court grant be not material for the jury may find the defendant  guilty at any day before though he count one day subsequent to his action
against davies cost h desire to be make defendant confess lease entry and  ouster and at the trial refuse so to do for which powis move that he may pay  cost which the court on information of Hern clerk secondary deny because  hereby the plaintiff have recover and so have the fruit of his suit and none  of the judge remember any precedent to the contrary but yet upon such a  refusal the court will give a rule to the defendant to confess it c Keble er p
against DIKINSON trover Cr pl style pl trover for stocking and say not whether  woman or man yet good so for two pair of body also adj good style pl
against DRUCE replevin Tremain pray judgement without cost or enquiry in  replevin the defendant have demurrer to the declaration and make no avowry and  that therefore no writ of enquiry of the value ought to be award to which the  court incline and that this be not within car cap unless a avowry have be make  nor can the defendant have a return without make a avowry pro form but  adjornatur Keble Monday Dec recovery notam by Ellis Newdigate and Dolben  sergeant that barganee suffer a recovery by writ of entr rest crast Martini  and after the deed be enrol they conceive the barganee be a sufficient tenant  to the praecipe before enrolment by this relation subsequent on Inst and that  this bargain and sale may lead the use of the recovery but on hob sergeant  Raymond doubt that the enrolment come after the return of the writ of entry  come too late to make the tenant to the praecipe though as against the  barganor this may be good as to a stranger yet not as to the barganee hirpself  who estate be execute by the recovery quaere if before enrolment the barganee  have recover against the barganor this have not be make good by enrolment no  more than a fine in   hind case yet it be say l be lend on this title of  mortgage Keble de boundary HILLARII car two in b r year Wednesday Jan  Rainsford Ch I Twisden Jan Jones
against elborough merchant in action upon the case on custom of London that  any merchant or other inhabitant there subscribe a note for payment of money  to any other not say where inhabit on default of payment by he on who the bill  be draw shall pay c Thomson except in arrest of judgement that no action lie  as between merchant it do send non allocatur for per curian there be as much  reason for inland bill as for bill of exchange and this be no more and be aver  that the defendant be a inhabitant in l c judgement for the plaintiff Keble de  boundary the number three car h in b r year Friday June Rainsford Ch I Twisden  wile Jones
against ferguson the writ be returnable tres mich the notice to appear  subscribe to the copy serve be to appear at the return be the that October  without insert the word next or the year hold defective rule absolute to stay  proceed Skinner for defendant
against harding record levins pray that the plaintiff may bring in his postea  which he keep out in avoidance of the statute h cap of discontinuance be but  small damage Keble er p and not pleadable till enter which the court grant but  say they will not compel the defendant to enter it on record and after  discharge the rule
against hawk February relief for a annuity against a purchaser hawk in his  purchase have notice of the plaintiff annuity for it be except in his deed of  purchase which contain part of the land charge and diverse other land after  hawk sell the other land not charge and also some few acre of the land charge  by general word and desire the plaintiff and her husband to join in a fine to  the person who buy they and be assure by hawk that the same will not prejudice  her in the land settle on her but this be prove by one witness only and his  deposition uncertain as to the particular also it be prove that another person  have also buy and be in possession of three acre of land charge and be no  party to the bill and that no relief ought to be in equity because the  extinguishment of the rend be a rentcharge be by the plaintiff own Act by a  fine and however hawk can not be charge there be no apportionment to be make  the tenant of the three acre be no party to the bill the Lord chancellor here  be no consideration for the rend and no agreement to extinguish it and when  the land be sell it be sell for pound of which pound be pay to hawk the widow  be circumvent and decree relief against hawk
against hearty bail upon a bailbond the surety shall put in commonbail unless  the court award the contrary which they will not do without special cause show
against hitchcocke Monday Nov proof in evidence to a jury in ejectment of  tithe on lease of the duchess of Somerset the defendant except to a witness to  be read by deposition because the bill be in which be no evidence against the  dean and chapter because this be no evidence for they the plaintiff except  against copiholder in reversion after a estatetail to prove the boundary of  the parish of Preshot and he be set aside for the possibility which make he  partial
against jaggard merchant ex motion Stroud for judgement for security in the  information for duty of salt and in the exchequer the question be whether on  car cap and on car cap sect salt take from a Spaniard by a dutchman by  commission from Scotland and bring into Scotland and thence to England shall  pay as for salt bring from Scotland and by hale chief justice c on adjournment  from the exchequerchamber to SarjantsIrin they shall pay as Scotch salt but if  it have be take by English commission and only put into Scotland c it shall  pay as English or foreign salt and judgement accord without security
against Loveday mich car banc Reg for a new trial after verdict because a  juror not indifferent the court be move upon a affidavit that one of the juror  that give the verdict against the plaintiff have a suit in law depend at that  time with the plaintiff and therefore that the trial be not indifferent and  therefore it be pray there may be a new trial but the court say it can not be  and ask the party why he do not challenge the juror for this cause at the  trial for want of which he have now lose that advantage
against LUSAMOOR trade Shouldham except to a information by common informer  for exercise the trade of a barber not say he set up public send non allocatur  the statute be in the disjunctive its not say contra peace send per curian  that be never do in suit by common informer and if the defendant do not set up  public he may be find not guilty
against Madox prohibition Siderf pl modern pl Wallop pray a prohibition to the  chancellor of Peterborough on libel against the defendant as parson of  Bidlested for marry without licence suggest Bidlesfield a donative as Cr in  the diocese of Lincoln exempt from ordinary visitation which Bugby oppose  because he be benefice within the diocese of Peterborough and carry people out  of Whitfield to the donative to marry and per curian this be a miscarriage in  his function and the ordinary deal as explorator a fault in which case the  bishop may punish as for schism and heresy and on libel for false doctrine the  bishop may punish but by way of visitation or to depose he can proceed and  albeit the bishop visitation be but by citation and libel not by personal go  to the place yet a prohibition be deny per curian it appear by the libel it  self that the fact be in the diocese of Lincoln yet per curian no prohibition
against Marriot assumpsit notam per curian that a action sur case well lie  against parishioner on promise to see h reimburse of money lie out in  reparation of the church if he will forbear a rate of the parish Keble er p  Wales powis pray a prohibition to the march of Wales albeit the damage do not  exceed I because this be a action sur case for word where no duty certain be  demand but only damage but where the sum be certain demand be it trover or  assumpsit contract c they may hold plea and he affirm the usage have be thus  and it be adjourn to search precedent so of the other case ante pl
against Noell covenant in covenant that h will carry so many man to Jamaica as  the defendant shall bring not exceed in consideration whereof the defendant  promise l a head the plaintiff say he carry and the defendant bring no more  the defendant say he bring and none be ready for the plaintiff to receive they  into the ship judgement for the plaintiff nisi
against Noell may error Br supersedeas mark the roll pay fee for or allowance  by the Ch I of a writ of error be no supersedeas unless actual take out before  execution error be bring and show to the attorney be no supersedeas by Twisden  until it be show to the clerk of the error which be a allowance in court and  therefore if execution be do before it be allow by the judge or show to the  clerk of the error it be well do because the attorney otherwise will never  have it allow but only show it to the attorney of the other side but if he  show it and declare his intention to have it speedy allow there execution be  supersede in the mean time but yet if bail be not put in accord to the statute  the execution may be well do which the court agree Keble er p
against NORTHY utlary in chancery one outlawed after judgement have a stock in  the eastindia company which be make over by the Lord treasurer to the  defendant after which its grant to the Keble plaintiff by the company after  the utlary be reverse and whether this whole restore ab beginning or that this  be no such debt as be forfeitable be the debate in draw up special verdict and  in sir John Dethicks case it be agree that the way of transfer by the company  be as the proceed and fruit of it and the stock lie in can be withdraw for  sometime it sink and sometime increase ex part ex motion Barwell to be draw up  for at this rate every man personal estate may be sweep away by any dormant  utlary on grant to a beggar
against opie may satisfaction in evidence to a jury it be say that payment of  part to any treasurer or committee be no good satisfaction for the whole and  so not pardon by the Act car nor at law for it be payment after the day but in  equitv they may have benefit of it affidavit that the defendant have pay or  satisfy not say how be not good all private act must be prove by the roll but  public act though obsolete may be allow by the court without a copy prove
against peak judgement car cap the court refuse to give leave to enter a  judgement now as of former term though it be acknowledge accord to the warrant  but especial because the defendant suggest by Barwell that he be within age at  the time of the warrant of attorney give
against Peebles and Copley Tuesday Nov copyhold Cr pl in ejectment of  copiholdlands in Wakefield on demise of Wentworth and Monkton the plaintiff  claim as heir in tail the defendant by custom to dock entail by lease for year  not warrant which be present in court and three proclamation make and then a  seizure and then a request by letter or otherwise make by the copiholder to  the lord to grant it accord to his covenant or agreement with a purchaser  precedent and in case no purchaser claim the lord be to admit the heir of  copiholder as on surrender at commonlaw and the lord be but a instrument and  per curian this custom be Allowable so of a surrender to the lord to the  intent quod ind to make will yet by custom the surrendror by petition or  declaration may direct it to any Keble person whatever and the lord must  pursue it and there be no estate in the lord dyer pl but it remain in the  tenant hand till admittance of such party and the purchaser may come in at any  time the lease be of all such land as William Savill the lessor hold in  Wakefield be of the value of I S d which by the plaintiff be say to be  restrictive to land of the value and do not pass all the land by the defendant  the be be say to be only declarative and that all the land of what value  soever pass but the court conceive this be a restriction but the party agree  to find it special
against Philip mich banc sup arrest of judgement in a action upon the case  escape a action upon the case be bring against Phillips for suffer one to  escape the plaintiff have a verdict the defendant move in arrest of judgement  and for cause show that the declaration be insufficient for it show that the  party be arrest that make the escape but it do not show by what process he be  arrest that the declaration I say that he be arrest army complaint which can  be for he be arrest by virtue of the writ and not of the plaint that the  declaration do not show by what authority the prison be keep out of which the  escape be make roll chi f justice say that the second exception be material  and then if the party be not well arrest there can be no escape and so the  action lie not therefore nil to take in hand per billam if cause be not show  to the contrary
against reinald trial upon the act of God hinder a trial or any circumvention  apparent in it the court ex debt is owed and not of favour only will grant a  new one per curian
against Robinson Saturday Nov bail the defendant move by Symson to set aside a  execution against bail he be take by a testatum in Yorkshire whereas there be  a capias take out and seal but never deliver to the sheriff but all return  this term and per curian it ought to be deliver to the sheriff and because it  be not execution be set aside and the money restore
against SHEERLOCKE c Tuesday October Wednesday October covenant in covenant on  lease by parson and a and b church warden of saint Dunstan that they nor their  assign or any claim by or under they shall not build c upon the land let  breach assign in building a house of office by day and peachman then  churchwarden continue it diverse year and on judgement by default and damage  entire Polyxphen except that albeit they be churchwarden at building they can  not be so for diverse year but the lease be Sheerlock rector and by a and b  churchwarden not allege custom to lease as corporation they shall not be  intend a corporation also its say post confect script which be in October  videlicet first January they c erect which per curian be ill not aver they be  churchwarden at the time of the lease and judgement stay
against sir george freeman in appeal on appearance of the appellee for the  death of the husband the plaintiff count in French and after the defendant  demand oyer of the writ and court which be by the clerk read in Latin then  arraign the party and after issue the prisoner be bail have join issue without  exception to the writ or court which foster commend Cr pl Keble er p judgement  be give on the promise to pay si carolus foret king England c that this be a  good consideration though he be then king if he so continue
against sir Richard sounding of war plead upon a bind for performance of  covenant general h may plead general performance but when to do any particular  act he must answer certain defeasance unless make the same day of a stat and  deliver to make one blowing can be plead in bar as the whole court conceive  upon open of a record in demurrer Adjornatur
against sir William hicks Friday Nov nosm Symson pray amendment in debt on  obligation against the defendant as knight and baronet the defendant plead he  never be a knight in abatement and all be in paper send non allocatur but a  nil to take in hand per billam award because albeit the defendant after bail  put in by himself general he can plead in abatement yet when the bail be  special or put in by another they may plead in abatement and judgement pro  defendant
against stane bail notam pro regulan although it appear on the body of the  record that the cause of action require special bail yet without mark the roll  common bail may be put in but for special cause the court on motion may alter  it
against the chancellor OF Litchfield prohibition it belong to the spiritual  law to determine at what age one may make a will a prohibition be pray to the  consistory court of the bishop of Litchfield for that a will of good make by  one but of the age of year be there exhibit be admit and proceed make  thereupon and sentence after contest there give for the will but a prohibition  be deny for the cause be proper for the jurisdiction of the spiritual court  and the determination at what age one may make a will of his good belong to  they and if the inferior court have give sentence against their law the party  have a remedy by appeal
against the executor OF MADnoX Saturday June executor in a action of against  executor they plead full administer which the plaintiff accept and enter  judgement and must have to know facias when asset happen on mary Shipleys case    but by wile if the judgement be enter the defendant lose his cost which he  will have shall the plaintiff take issue thereon also in the to know facias  whatever be in the testator at his death shall be presume in the hand of the  executor and they must discharge themselves by plea but per curian this be not  so mishievous as the contrary will be to disallow the entry of the judgement  and though the practice be of late contra yet former it be as in Shipleys case  Adjornatur
against Tufton abatement error of judgement against in c b be assign in the  death of one before verdict which per curian be error notwithstanding car cap  be expire
against Welden November continuance Allen for the defendant if a new become  facias be take out every year one continuances may be enter at any time by the  attorney in his chamber otherwise not which the court agree and that  continuances upon latitat be sufficient without renewal and by wile for the  plaintiff if there be a testatum to know facias serve by the sheriff  continuances may be enter without renewal sir John Lenthall and Smitbsby b r  the difference be betwixt a suit and execution but per curian that be upon a  cap take out of term but by wile curian a elegit take out once may be continue  seven year which the court agree and by foster unless precedent before be so  its not Allowable contra by Twisden and that they that sit here since know and  observe process as well as their predecessor Keble but the clerk agree the  course to be as wile allege and by the course of the c b continuances may be  enter before the return Adjornatur
against west November bail common bail be only requirable in action upon the  case for slander of a title without special order which the court will not  grant
against which game contra per brown and play be not prohibit by c law as   b  nor be it cause to return a clerk criminous dyer b pl it jyeth for money win  on wager deal upshot at butt more pl a action upon the case per curian will  not lie for money win at dice it be no consideration for a assumpsit yet h  lose it when drink have no remedy to Keble er p avoid bind or warrant of  attorney to confess a judgement for such money by motion as in this case or  otherways unless some practice and deceit appear
against wood slander thou art a strumpet and a drunkard and a whore and thou  do usual steal a pound of wool at a time beside yarn from I S adjudge  actionable
agar against hill trin geo two No motion to be make for put off trial unless  make two day before day of trial Vid Robert v down ante p and case there cite  cook a motion to put off a trial but deny because all such motion be to be  make at least two day before the day of trial and this motion be make only the  day before
agar versus Lisle mich James rotulo action of trover bring in Yorkshire the  defendant justify for toll at Darnton in Durham and traverse c the court doubt  of his traverse be only for the county of York whereas it ought to be any  where else general and Hobart say the bar be nought because in the  justification no conversion be sufficient allege and note that if a man do to  thing which be Allowable by the law as to distrait cattle and impound they it  be no conversion but if he work they it be a conversion the defendant  justification amount but to not guilty and adjudge nought
agars case m Elizabeth he be receiver of certain rend of the queen Payable it  easter or within day after and upon conquest of the office for condition break  for nonpayment he depose that the rend be not pay within the day but after but  he have antedate his acquittance and it be agree that the queen attorney may  inform for that perjury although that it be a oath make for the queen  advantage so for any other if he be grieve by it that the perjury before the  inquest of the office be a misdemeanour punishable in that court but not by  the statute Elizabeth and the court hold that antedate to be a great offence  but no censure of that because it be not complain of in the bill note that in  that term it be also rule that if one exhitite a bill or a information and be  not the party aggrieve as a informer upon a penal statute or a misdemeanour if  he die his heir executor or administrator shall not have a bill of reviver but  Mr attorneygeneral may
agars versus lisle hob trover and conversion justify without confess the  conversion not good Thomas agar bring a action upon the case against Lisle for  find and convert of a cow at the castle of York the defendant plead in bar  that the bishop of Durham be seize of the town of Darton in the county of  Durham and prescribe to have a fair there and toll and for not payment thereof  c the cow be take by the defendant as servant to the bishop of Durham without  ho that he be guilty at the castle of York or any where else c and this case  be long depend and the first point be if the defendant have confess any  conversion for that be the ground of the action and ought to be traverse or  else confess and avoid it be agree that the conversion be the ground of the  action brook mark trespass and the inducement ought to be such as contain  sufficient matter with the trespass Hutton er p vide e h h then it be agree  that when one take a distress and such a action be bring that be no plea for  that be not any conversion vide h coke ib foe request and refusal to deliver  be good evidence to prove conversion but if it be find special it shall not be  adjudge conversion and judgement be give for the plaintiff because the  defendant do not claim any property and do not answer to the point of the  action for a distress be no conversion hill James
age of twentythree and make his wife executrix and residuary legatee and she  marry a second husband and die and he take out Administration de good non with  the will annex his wife be residuary legatee and upon a suggestion of  insolvency the court decree he to give security to pay the legacy when it  shall become Payable mich rous and noble vern
agree against pool Derby mich Elizabeth a b devise of a reversion to a pay  therefore yearly during his life forty shilling to b give but a life estate  and the forty shilling become Payable only when the estate commence the son  seize of a remainder in fee after the death of his father tenant for life  devise it by these word S I devise to d my wife the land that I have or may  have in reversion after the decease of my father yield and pay therefore  yearly during her life natural to the right heir of my say father forty  shilling c without any other word and die live the father and by the opinion  of the court no other estate pass by this devise but for term of life of the  wife and she shall not pay the forty shilling until the remainder shall fall  in after the death of the father because he heath no right heir during his  life wherefore c in quid uris proclaim bind with double condition in a action  for the non performance of one if the verdict be for the defendant it be a bar  to the whole bind the condition of a bind have two point to be perform by the  obligor upon request of the oblige and in debt on the bind m Elizabeth  Malleries case by Fenner and bawdy accord and that excommunication lie upon  such a certificate dyer a er p the defendant plead in bar that the plaintiff  do not make request c and the plaintiff e contra and issue join upon one point  and find by verdict against the plaintiff and cost also by the statute and  judgement that the plaintiff take nothing by his writ c and afterward the  plaintiff bring a new action of debt upon the same bind and the defendant  plead this matter in bar and conclude judgement sa actto and not by way of  estoppel and the opinion of the court be that the bar above be a perpetual bar  to this bind the verdict be in force although the bind be forfeit for the  other point
agree versus oliver Trin W m Carthew in ejectment try before the Lord chief  justice holt at the assize in exon bring by the plaintiff on a special  judgement against the asset confess by the heir c the question be if a  judgement against a heir upon asset confess shall bind the land from the time  of the judgement give only or shall relate to the time of the original writ or  bill file holt CJ this special judgement against the asset only shall have  relation unto and bind from the time of the fill the original writ or bill and  the fill a bill in b r be as effectual for this purpose as a original holt KB  writ indeed a general judgement against the heir where the execution be a  common execution by elegit and not against the asset only by extent will not  operate by way of relation to the original but bind only in common case from  the time of the judgement give assignee
agree versus sharp mich Ann Mod ejectment upon demise at such a place in  Devonshire of land in another will in the same county and the when fac be from  the place of the demise and at cause S be carry down and a view grant there be  a jury and a ten tale at the trial a panel be return promiscuous of the jury  and ten tale and for this irregularity a new trial be grant and per cur in  ejectment the venue ought to come always from the place where the land lie and  not from the place where the demise be lie to be make but that fault be cure  after verdict by the statute of Oxford and per holt c j there be a difference  between the practice of the common plea and this court in case of view grant  if upon a full jury in the common plea the view be grant and a juror withdraw  a entry be make of this and process continue against the jury and a ten tale  award on the roll and there may be a command of a tale de A standing round  beside but in the king bench if a full jury appear and a view be grant and a  juror be withdraw they take no notice of it by entry but only grant a new  distringa against the same jury except the juror withdraw but if there be a  ten tale award here and a jury appear and a view be grant there they must take  notice of it by entry and continue process against the jury and ten tale  otherwise the ten tale will be discharge and the distringa of the ten tale  must be the same ten tale return upon the first writ and to mix the person  return on the principal panel and the ten tale in the panel that try the cause  after the view be irregular therefore the verdict be set aside holt KB justice  OF peace
agreement between Lord and tenant for enclose a common that the tenant shall  quit their right of common and the Lord shall release they all quitrents the  enclosure be prevent by pull down the fence and the tenant continue to use the  common and some of they to pay their quitrents this be a waiver of the  agreement Jan lady Lanesbury and Ockshoth vin Abr pl S g bro p c
agt Spelman KB a roll of a judgement enter up thirty year before allow to be  bring in and docket conditional Mr Norton obtain a rule to show cause why the  plaintiff shall not now be at liberty to bring in a roll of a judgement sign  in pursuance of a warrant of attorney Kenyon so long ago as the judgement be  regular sign at that time and a begin enter on the roll but it be never  complete nor carry in to be docket from which time only it affect the land as  to purchaser and this application be make in order to revive the judgement by  cognizant fa against the heir to who land be descend sir Richard Lloyd and Mr  Altham oppose this as unreasonable after so great a length of time say per cur  it be almost a motion of course upon the plaintiff swear that the debt remain  nsatisfied and the defendant will be let into his defence on the cognizant fa  by the rule of the court the roll must be bring in before the essoign day of  the next term and can be receive afterward but by rule of court upon motion  but the not complete the enter of the judgement be not the party fault but  imputable to the chief clerk who business it be and who take the fee for it  upon sign the judgement and though he trust the attorney to do it it be only  as his deputy and be be answerable to the party if by its not be duly enter  and docket he lose his lie on the land by their pass to a bouh fide purchaser  and he will be liable in equity or in a action on the case therefore they  order the roll to be now receive but the docket to be special in order that it  may not affect purchaser and with the plaintiff consent order that it shall  not disturb the personal asset which have be long since distribute
ailiff versus SCRIMSHIRE Trin W m show action of debt be bring on a bind the  defenda to go abroad for seven year and covenant not to sue he and if the  plaintiff do that he shall be discharge and release of the debtr upon a  demurrer it be insist that it be only covenant and the word release here  amount to no more holt KB holt c j if it have be a covenant perpetual that be  a absolute release but where it be a covenant not to sue within a particular t  I be that be no release and you must take your remedy upon the covenant  judgement for the plaintiff
ainge v morgan prohibition to a suit for faculty of a pew in church Mr  Lechmere pray a prohibition to the spiritual court in a suit there for a  faculty of five sit place in a pew over and above three sit place which be  former a entire seat or pew belong to the plaintiff ancient message which be  now pull down and the ground lie together with the defendant pew without  prejudice to the plaintiff right the suggestion prescribe for the old pew as  appurtenant to the ancient message whoever it be ipse et all men ill quorum  statumi c a tempore c have use to repair it and that the proceed below be to  deprive he of his freehold and that he can not be able to prescribe for the  seat in the new pew Parker chief justice say that if a faculty be only grant  for the sake of quiet and order in the church that be a assignment of a seat  for the person to sit in where the ordinary have the right but where any  particular person have a right the ordinary can assign that therefore the  plaintiff right will not be affect by the faculty but he will be entitle to  the same ground as before gilberts case though put in another form the  ordinary only appoint other person to sit by he in the vacant room but he must  have his three sit place in the very same spot where his old seat stand and if  he be disturb may have a action on his ancient right l powys Eyre and I powys  accord prohibition be deny notam it be say by Cheshire sergeant Le roigne pro  def that a faculty for a seat in a church be only pro hic et nunc and the  ordinary can grant one to a man and his heir that he may repeal it as in case  of a seat grant to a person of great condition by reason of a estate then in  he which afterward come to a mean man it may be repeal mes quaere
air against air November a widow pay just debt of her husband out of his  estate in her hand shall have allowance for the same from the executor the  plaintiff be the widow of her husband sue the defendant who be his executor to  have allowance of a satisfaction for several debt of the testator which she  have possess her self of his estate have pay the executor have get all the  estate out of her hand it be much controvert whether she shall be help herein  for though executor of his own wrong shall be allow all payment make to any  but himself yet she be not executrix of her own wrong for where there be a  rightful executor as here there can be no executor de son tort yet it resemble  that case and the court doubt much what to do in this case decree by consent  of counsel that she shall be allow for all payment that she have make which be  incumbent on the executor to pay accord to the course of law but that if she  have make any payment out of order and rule that the law leave the executor  liable to that such payment she shall not be allow for if they be to the  prejudice of the executor note the wife here seem to be take as a creditor to  the husband be estate and in such case shall be relieve against the executor  see vern vern in court
air against coward ante bar pe Twisden will now have time to consider on the  case of Trotman against James which be not adjudge but the court seem divide  but Moreton say the reason be against the husband and Cr pl king against  Hilton be adjudge that the husband shall be charge albeit the good be waste in  the wife widowhood Windham say this be a strong case than at bar for here the  waste be find in the husband and wife Adjornatur
air against coward wife Thursday June ante bar pe Siderf pl Jones pray  judgement and execution against the husband after death of the wife the  husband be charge by the first judgement against they albeit she be but a  executor for there be no difference between this and debt against they general  as Cr mounson against bourn and on solemn argument on writ of error of  judgement in c b mich Midgle against Dixon rot in debt bring against the  husband alone on judgement give against the husband and wife as executor and  devastavit find and the party compound in b r and the money be pay by the  husband which Twisden agree and Moreton on the case of the king against Hilton  Cr agree full Windham say the husband shall not be charge where a recovery be  against they as executor but when there be a waste of the asset the husband be  charge as by his own act and so this be his own debt and in the case of Cory  against thin in c b it be resolve that debt lie against the executor on a  devastavit and this Keeling Ch just conceive great reason and judgement pro  plaintiff
air against fill mich car banc Reg arrest of judgement in a action upon a  assumpsit air bring a action upon the case against Sils upon a promise to pay  certain arrearage of rend appear due unto he upon a account make between he  and the defendant the plaintiff have a verdict the defendant move in arrest of  judge style report er p mean and for cause show that a action upon the case do  not lie upon a promise to pay rend appear due upon account for the rend be due  by a real contract and upon that the plaintiff have remedy without the promise  to this the court say that this action do not lie for rend alone due upon a  real contract but for the rend with other thing it do lie yet let the  judgement be stay for there be here no new consideration appear to ground this  promise upon but only the old consideration of law sitar the payment of the  rend and upon that a action of the case do not lie for it be in the realty
air against OSWALL a action upon the case for these word thou art a thief and  baste steal my appletree out of my orchard by the court maintainable but  otherwise it have be if he have say for thou baste steal c
air against PYNCOMB mich banc sup arrest of judgement in a action upon the  case for surcharge a common air bring a action upon the case against Pencomb  for surcharge of a common and for tread the grass the plaintiff have a verdict  the defendant move in arrest of judgement that a action of the case do not lie  in this case but a assize that that a action of trespass do not lie for a  commoner for tread of the grass that the trespass be allege to be do in a  certain peciis pasture and the quantity of they be not show to the first  exception roll chief justice answer that the plaintiff may have a assize or a  action upon the case at his election although here be a disturbance of the  plaintiff freehold although that the ancient book say the contrary and  thereupon the court give judgement for the plaintiff except cause show to the  contrary style report er p
air against steep slander you be a barretor and a riotor and I will indict you  for it which by Brainston in arrest of judgement be not actionable be not any  attorney which the court agree judgement stay
air and berry London in debt on car cap after verdict William except in arrest  of judgement that this be for money due on party wall against the latter  builder because there be particular remedy give by the Act send non allocatur  for albeit the mayor c may regulate difference of building as to the offence  to stop the building yet this be a duty vest by the Act the party have  election either to stop the building or have permit it to be build to bring  debt for the duty there be no exclusive word in the Act but only without other  appeal which suppose a sentence but the original suit may be here and this be  a private statute must be take to be plead unless nul tiel record have be  plead and judgement for the plaintiff nisi the value and interest be set forth  Keble judge notam that on Sunday the that of Feb hale chief justice be year  old and infirm but in full vigour of mind surrender up his patent or writ of  chief justice of b r unto the king in secretary Coventries lodging and go off  much lament and die on Christmas day at atherly in Gloucester his paternal  seat see his life writ by dr burnet Keble de boundary paschae car two in b r  year Wednesday April Rainsford Ch I Twisden wile Jones make Thurs bee
air and Gillam and wife arbitrement debt on obligation of award on nul tiel  the award be that the defendant have and hold a copyhold she have during  widowhood from ladyday before the award to ladyday four year after c proviso  if the widow the defendant marry or surrender within four year to pay to Keble  the plaintiff l per a breach in marriage and nonpayment to which the defendant  demurrer because the award to have and hold be void be either forfeiture or  ousting the lessor of the licence send per curian its no forfeiture be no  alteration of the property nor no prejudice to the lord be but a covenant and  if this be a contrivement by copiholder to have a lease of four year it will  be a forfeiture by reason of the covin but not otherwise and here appear no  fraud nor what the custom of the manor be whether not to lease for above a  year or not judgement for the plaintiff
air and HAuXESWORTH Trin banc suv whether a traverse be well take air bring a  action of trespass against Hauxesworth for his cattle damage pheasant in d the  defendant justify in another county and traverse without boc that he be guilty  in d or in any other place the question be whether the traverse be well take  or not roll chief justice answer he must take a traverse as this case be  because the justification be local therefore let the plaintiff take nothing by  his bill for he may not discontinue his action because it be in trespass notam
air and Rushton replevin in replevin the defendant avow damage pheasant the  plaintiff in bar reply that after take and before delivery of the catle to the  plaintiff he tender amends to which the avowant demurrer and judgement for the  avowant this tender be too late after impound
air and wither fee in indebitatus by a attorney for money lie out and fee the  defendant plead non assumpsit infra aged the plaintiff reply that such a day  he sue a attachment of privilege and continue it and that the defendant assume  infra aged before the first attachment the defendant rejoin that the plaintiff  give he no bill to which the plaintiff demurrer and it be now say to be a  departure which Jones justice agree because the want of a bill may be plead at  first in bar also it may be give in evidence by James cap on non assumpsit  wile justice contra that this replication be in nature of a new assignment to  which the defendant may have a new answer and the want of a bill be no  evidence on non assumpsit no more than the Keble statute of limitation James  cap that cause of action be above six year but adjornatur and after sergeant  Pemberton have leave to discontinue
air versus glossam trespass quare enclosed space to break in pieces foot  ambulando c cum averijs depasturat tread upon with ox horse cow sheep and hog  the defendant plead quoad venire way arms nec non totan transgression pillage  praeter foot ambulando praeter the horse ox sheep and cow not guilty and say  nothing as to the hog but leaves the hog out and verdict pro to express grief  earl here be the trespass with the hog to be try the jury have give no verdict  upon this issue there must be a venire facias de to make new and the jury have  give damage for the whole trespass entire damage and not try the whole Windham  sergeant when damage be give entire where it ought to be several we can  release the damage and take judgement Bridgman chief justice its a trespass  only not a ejection strong in ejection strong we may release the damage and  have the land in trespass we can have nothing but damage Windham its a  discontinuance in plead and that be help by a verdict Bridgman chief justice  as to the question of discontinuance I be never satisfy in it discontinuance  in plead I think be not aidable discontinuance in process be aidable it be  doubtful to I whether it be the intent of the statute in sir John barrington  case a discontinuance in plead be not help I put this case action of trespass  and ejectment be bring for enter into three acre the defendant plead one plea  as to one another as to another and nothing to the three acre issue be join  and verdict for the plaintiff what will you have become of the three acre will  you have it a discontinuance for the three acre or a bar or a new action I  have be always of the opinion and some of the judge seem to be of that opinion  that a discontinuance in plead shall not be help by the statute of jeofails a  venire facias de to make new be award carter boundary the number three car in  common banc
air versus HARDRESS if execution be take out within the year it may be  continue down and a new execution sans to know facias a become facias be take  out within the year and a no one good return S p in c b low v bear it barn but  it be otherwise if no execution be return by the sheriff to warrant the entry  of continuances on the roll Blayer v Baldwin c will barn SC this be continue  down for several year and then a capias ad to give satisfaction issue and  whether that be regular or no be the question the court take time to inquire  and the last day of the term the c I say if this be a new case they shall  think it hard to take away all to know faciass but the practice have go so far  that there be no overturn it now Inst Inst Mod Cas side keb clift officina  narrow places rastal wherefore the execution be hold regular S p in c b low v  bear it barn but it be otherwise if no execution be return by the sheriff to  warrant the entry of continuances on the roll Blayer v Baldwin c will barn SC  strange report er p
AISHCOME versus Le hundred de SPELHOLME pasch W m show upon evidence in  assumpsit for ware sell holt CJ that if a man send his servant with ready  money to buy meat c and the servant buy upon credit the master be not  Chargeable but if a servant usual buy for the master upon tick and the servant  buy some thing without the master S order yet if the master be trust by the  trader the master be Chargeable
Akerman and norris against GYBBON prerogative court easter term April that a  declaration hold to be sufficient full Thomas Farrant die in make a will but  no executor or residuary legatee be a bachelor leave Thomas Gibbon his nephew  mary franklin and Elizabeth church and other his niece and next of kin by  consent of Thomas Gibbon administration cum testament be grant mary franklin  in may she afterward die leave great part of the estate unadministered and in  December administration de good non cum testament be grant to Elizabeth church  on the that October Thomas Gibbon die intestate and administration to he be  grant to jane Gibbon his widow in November Elizabeth church die and then jane  Gibbon enter caveat in the good of Thomas Farrant and Elizabeth church Isaac  Akerman and William Norris executor of church warn the caveat enter as to her  effect probate of her will be decree to her executor they undergo a lee  monition to exhibit a inventory of the effect of Thomas Farrant remain in the  hand of Elizabeth church at her death on that session Hilary term they give in  a declaration on the by day after the say term Gibbons proctor allege the  declaration be not full because it contain only a account of such effect of  Farrants as now remain in the hand of church executor judgment sir George lee  but it appear on the face of the declaration that they swear they know of no  other effect of Farrants than what they have set forth in the say declaration  I hold that it be sufficient full
Alanson against butler a comittitur be to be plead prout pater per record  otherwise of writ SC I side Nels Lutw Jon keb the sheriff permit a voluntary  escape the plaintiff may have a new execution levinz er p a to know facias for  execution of a judgement the defendant plead that he be take on a execution on  this judgement and bring to the bar and acknowledge to be in execution and  afterward be voluntary permit by the sheriff to escape on which the plaintiff  demurrer and have judgement for that he do not conclude the To bring together  prout pater per record for it be matter of record and ought to be so plead but  writ need not to be so plead though they be matter of record because they may  be amiss and perhaps be never return dly that a voluntary escape by the gaoler  without the plaintiff assent shall not prejudice the plaintiff but that he may  bring a new execution as I cro mounson against Clayton and Robinson against  Clayton and so it be adjudge in this court mich car between Simpson and hunt  but Trin between crane and king it be doubt and the court divide in that case  which see enter pasch car in the common plea rot er p
Alanson versus Brookbank Mod SC salk SC prohibition deny where the plaintiff  be cite on a Sunday I keb side hawk p c the plaintiff move for a prohibition  to the court of Durham because she be cite by their process on a Sunday in a  cause of incontinency with the earl of arg who have desert his wife and live  with the plaintiff in adultery the suggestion for this prohibition be find on  the statute car by which this enact that no person on the Lord S day shall  serve any process except in case of treason felony or breach of the peace but  such service shall be void c now it appear by the return of the apparitor upon  the citation that he serve it on a Sunday the court Carthew adjourn this  matter till the last day of this term and then the prohibition be deny
Albany against griffin and his wife hill geo two prac ring S c plea must be  deliver at length and not short as not guilty only thomson on a piece of stamp  paper the defendant say they be not guilty without deliver the plea at length  the plaintiff sign judgement for want of a plea the court say it be no defence  so the judgement be hold regular in Carew against Minifee hill Geo two cook  the same rule
Albany against many in debt agree that if a be outlaw in debt and obtain a  release of the party of that debt and after by Act of parliament all outlaries  be pardon when the party be satisfy then the outlary be discharge for the  release be a satisfaction in law Rep b
Alcock against BLOWFIELD Intr p car b r rot a have recover against m and then  b promise that if a will forbear the execution of it that he will pay to he at  midsummer next or after if it be not pay then c when it shall be reasonable  request and a aver nonpayment with a although often require but do not aver a  request express and recover and now upon error it be agree that the request  ought to have be express aver because that be issuable for the promise be make  by a estranger there there be not any duty before request but otherwise when  the party himself which be indebt promise to pay there a although often requis  shall suffice because there be a duty before and without the promise but in  the case of a estranger it be naked bargain and no consideration until a  request make and for a promise where there be a precedent debt c there needs  not such precise show for what thing or how the debt accrue as upon a  assumpsit upon a indebitatus step forth or accuse computaver because that be  only a inducement h h e
Alcock against herbert bail OF merry Monday June bail in writ of error out of  palace court which be to remove the judgement have against the principal cum  omnibus she tangent by virtue whereof the record of the bail which be distinct  be remove and the plaintiff now bring a to know facias here against the bail  to which Raymond plead nul tiel record because this be a collateral record  Keble and not remove the court conceive that have the plaintiff bring the writ  of error he shall not have to know facias on the recognizance contra here when  all be remove by the defendant and so it be resolve Jones against William of  bail in c b no to know facias lie here because by mittimus the record may be  send from hence back again which can be to inferior court nor course thereof  as be urge by Jones for the defendant so in the case of Dinchurch and risan  against Goodwin Cr Adjornatur
Alcock vers carter under what circumstance the court will allow want of  warrant of attorney to be assign on a writ of error out of Ireland Mr atwood  move the common motion to set aside so much of the assignment of error in a  cause out of Ireland as relate to the want of a warrant of attorney which be  oppose by strange who produce a affidavit swear before one of the judge in  Ireland affidavit of a plaintiff live in Ireland before a commissioner of the  common plea there of the due execution of a warrant of attorney c refuse to be  read Sibthorpe v Adam barn with a certificate from the proper officer that  there be no warrant file and also a affidavit of the agent here that be  receive both from Ireland and believe they to be authentic and insist that it  now appear they be not sham error assign mere for delay the reason upon which  the common motion be make fail et per curian this be sufficient to satisfy we  that there be some foundation for our send a certiorari and therefore the  error must stand strange move for time till the next term to return a  certiorari which be grant accord
alcocke against merry error error be assign of a judgement in the Pallas court  that the venire facias be hold on Thursday accord to letter patent which be  contrary to the patent which give a power only to hold court on Friday but the  court can take no notice of that nor the tent die loveliness be not estople to  say the court may be hold any day beside Friday judgement affirm
Aldenham parish against TOLCHISTER sir John strange move for a information  against the overseer of the poor of Tolchister upon this case a b a poor woman  have be remove by order of two justice from Aldenham to Tolchister and the  overseer without appeal from that order prevail on the woman for a crown in  money and a pair of shoe to return to Aldenham which she do accord and be  there deliver of a child this be say to be a conspiracy to evade the order and  that unless the court will grant a information they have no other remedy but  by the court if a information lie you may indict they and refuse to grant the  information and the Lord chief justice say it be constant hold in Lord chief  justice holt time that where a poor person be legal remove and afterward  either by session case er p stealth or contrivance of the officer get into  another parish and be there deliver the child shall be esteem the child of the  parish to which she have be remove and not of the parish where it be bear the  same term
alder versus chip Saturday that Feb replication withdraw after six term vin Mr  Hussey show cause against a rule of Mr Goulds why the plaintiff shall not be  at liberty to withdraw his replication and reply de to make new the case be  that the plaintiff have by the mistake of his former attorney traverse a lease  under which he himself claim the court make the rule absolute burrow Lord  Mansfield say he consider this as a amendment and that the propose it in this  method of withdraw the replication and reply de to make new be only to prevent  the deface and obliterate the roll he observe that the burrow er p court have  not use the same strictness of late year with regard to amendment as they  former do and he say much it be better for the party that they shall not  however the court will always take care that if one party obtain leave to  amend the other party will not be prejudice nor delay thereby and he observe  that the case of the bank of England v morris turn upon its own particular  circumstance and be the case of a executrix too note the length of time in the  present case have be object videlicet six term but it be answer that in many  case amendment have be make after a much long time rule make absolute V post  Hutchinson executrix v Brice that January
alderman BACKWELS case post Chan Cas S c vern follow in re baker Nichols v  baker Ch d Julius v bishop of Oxford App Cas see also ex part nat bank of  England in re van wart r Ch ex part Treherne in re sander de gex f I for  subsequent proceed see SC Chan Cas S c vern Bankrupt Supersedeas Commission  Commission at the complaint of fifteen creditor on the statute of bankrupt  issue out against alderman backwel who die short after these creditor have  judgement and find that on their judgement they may have better remedy than  their proportion be likely to be on the commission the heir of the bankrupt  pay their debt and none other creditor appear then to prosecute by their  consent the Commission be supersede and after thirty other creditor sue for a  discharge of the supersedeas first because when a Commission be grant not only  the first prosecutor be interest therein but all that will come in within four  month and therefore they have tender contribution within the four month the  Commission ought not to have be supersede by consent of the fifteen second  they allege that the Commission have be deal in by the commissioner and a  assignment of land make and the alderman be dead they shall be remediless for  no new Commission can be now grant therefore pray a discharge of the  supersedeas on the other side it be object that the assignment be void be make  after Backwells death case in chancery the Lord keeper north if I err in grant  the supersedeas I can discharge it dly but if some creditor obtain a  Commission and receive satisfaction I can at their request supersede the  Commission if none other creditor appear I be not bind to call they in else it  be mischievous therefore order the Commission to be bring in and the  assignment if the assignment be well I can c try that at law
alderman Langham against and other to a English bill for tithe of certain  house in London accord to the act of h and to have a discovery of the  improvement of rend the defendant in their answer set forth a customary  payment in lieu of all tithe and exception be take to their answer because  they do not discover their rend but rely upon their answer de modus kill and  the court hold that the modus be allege no otherwise than by way of answer  they ought likewise to have set forth the particular of their rend and answer  to all the part of the bill but if the defendant have plead Hardres it they  need not have answer to any other matter and so it be rule though object that  if the proof be against they upon the modus they may then answer upon  interrogatory to the particular
alderman Langham against baker and twentytwo other parishioner of saint Helen  London the plaintiff as farmer of the impropriate rectory of the say church  prefer his here bill against the defendant for not pay their tithe in London  accord the decree in h to which the defendant plead the say decree and that  the plaintiff have his remedy before the mayor of London by the act of  parliament which settle the decree and demand judgement whether or no this  court will take conusance of the matter and it be hold clear that the court  have jurisdiction in this cause for that it appear by the very decree itself  and the act in h and by Linwood de Decimus that tithe be Payable in London  before the say act for house but the quota be doubtful which be remedy by the  say act and decree and the act have no negative word it be not say before the  lord mayor of London and not elsewhere vide Scudamour case James cite   mag  chart upon Edward and tithe be determinable here ab antiquity as appear by ass  Selden de Decimus Edward and by articul allotment of land cap in case of the  king and his farmer the cause follow the person and his privilege and this  case be not to be resemble to case where justice of the peace be empower by  act of parliament and for that cause justice of oyer and terminer have nothing  to do nor justice of gaoldelivery and so vice line Rep doctor foster case for  they have but a limit jurisdiction and the king farmer have in respect of the  revenue the same personal privilege that the king have and without question  the king may sue here and it be rule that the defendant to answer ouster  Hardres er p
ALDRISH and duke stat of limitation commence after one imprison be discharge  it be rule that where one be false imprison for thirteen year together the  statute of limitation shall not run upon he while in prison but he shall have  six year to bring his action after enlargement so though the wound be above  six year ago the proclamation of adjournment on the last day of the term  videlicet proclamation the last day in term vous and rain have a fair per tout  dangleterre per brief bill roll you parole Venus avaunt tantoft vous serra  deliveres et vous and riens have a fair avoid Le bar Comberbach de term  consecrated mich year James two king in b r
alein report brown wood Administration be grant to the sister of the half  blood of the having made no will and her husband by the prerogative court and  the brother of the whole blood sue there to have the letter repeal and upon  motion for a prohibition upon this suggestion it be agree by the court that  the sister of the half blood be in equal degree of kindred with the brother of  the whole blood within the statute and so be it resolve car between Glascock  and Wingate know by the name of justice yelverton man case and if the ordinary  have once execute his power accord to the statute be can repeal the letter  upon a citation but it be resolve that the statute be not observe in the grant  of the letter in this case because the husband who be not alein report er p of  kin to the intestate be join with the wife and if she shall die before he he  shall continue administrator against the meaning of the statute and for this  cause a prohibition be deny but it be say that if it have be grant to they  only during the coverture perhaps it migl t have be good because the husband  may have administer during the coverture though it have be grant to the wife  only hill car banc king
alein report chapel v ersus GoODHOUSE hill car rot slander slander you be a  buzayering rogue go home and bugger another mare and after a verdict for the  plaintiff it be move in arrest of judgement that the word will not bear a  action because the plain tiff be not charge with any act do but the opinion of  the court be that the word will bear a action because they imply a act do and  roll say that where one say wherd be that long lock shaggbaird murder rogue  and a stranger ask he who do you mean he say green of Fauseet the word be  judge actionable so he say where one say bring home the cushion you steal the  word be adjudge actionable but the judgement be stay for further advice
alein report comb versus cheny trover in a trover and conversion upon not  guilty the evidence be that the good be take and sell by virtue of a  commission of sewer and it be rule l that this matter may be well give in  evidence upon not guilty plead as deteigning of beast in a market for toll  that the commissioner of sewer may sell the distress which roll say be a doubt  to he and Bacon in Quivyy and Fawsets case quod vide term so the issue be find  for the defendant that the jury shall not tax Triple damage for the statute be  to be intend only when he justify by virtue of the commission of sewer so that  the matter appear upon the issue debt in debt upon a bind of ten pound and per  dures plead the case upon evidence be that the plaintiff charge the defendant  with filony for steal a horse and procure a warrant from a justice of peace to  a constable whereby he be take and be in custody upon promise of the plaintiff  to discharge he seal the bind and be thereupon immediate discharge and it  appear that the horse be the defendant own horse and roll direct the jury that  these proceed be but to cover the deceit the bind be get by dures whereupon  the plaintiff be nonsuit
alein report dame bowl v ersus Broadhead hill car rot debt in a action of debt  for upon the statute of e for tithe of land in the parish of rinston alias  Royston the defendant plead the statute of h and that the land be discharge in  the hand of the prior of mount Bretton at the time of the dissolution and  issue join upon the discharge and upon a trial at bar the defendant not make  good his plea the court rule the value to be take as confess because the issue  be join upon a collateral point and the defendant take not the value by  protestation and so the verdict be give for two hundred pound but neither  damage nor cost
alein report else v ersus box hill car rot debt in a action of debt upon a  bind of I with condition recite that whereas the plaintiff and one haw be bind  in another bind to perform certain covenant in a indenture if the say haw  shall perform the covenant in that indenture and also if the defendant shall  save the plaintiff harmless of that bind then the alein report er p present  obligation be to be void the defendant upon oyer of the condition plead that  haw have perform the covenant in the indenture and that he have save the  plaintiff harmless of that bind and upon a general demurrer it be resolve by  roll that the plea be insufficient in substance both because the covenant in  the indenture be not set forth and some of they may have be in the negative c  and also because he have plead that be save the plaintiff harmless without set  forth how he do it and so judgement be give for the plaintiff trin car b r
alein report HAINSv ersus finch debt upon a promise for bring up child good  without say they be the plaintiff debt upon a promise of money to marry a poor  virgin servant retain a attorney for his master and promise he his fee debt  lie against the servant a executor bring a action of debt upon a promise make  with the testator for bring up of child and teach and after a verdict for the  plaintiff upon nil debet plead it be move that debt will not lie in the case  because it be not lie that they be the plaintiff child but the opinion of the  court be for the plaintiff for debt will lie upon a promise make by a stranger  as in n b king if one promise money to another for marry a poor virgin debt  lie but the party agree and so no judgement be give and roll safe that in  Trevilians case where a servant retain a attorney for his master and promise  he shall have his fee a action of debt be bring thereupon by the attorney  against the servant in c b and the plaintiff recover but upon error in this  court a rule be give for the reversal of the judgement notwithstanding the  like precedent show in bradford case but he say that the judgement be not  reverse upon the roll and his opinion be that the judgement be good
alein report hobson versus will debt in a action of debt bring by a  administrator the plaintiff declare of letter of administration grant to he  per carolum king c without say debt is owed modus c and upon a demurrer to the  declaration it be adjudge g odd because the king have universal jurisdiction  here
alein report Hodson VelSUS sir bird ignorant hill car rot debt in a action of  debt upon a bind with condition to perform article of a indenture which recite  that where certain person be oblige to the earl of holland in eight obligation  which the earl have assign to the defendant to his own use now it be agree  that the defendant shall assign the obligation to the plaintiff to the  plaintiff own use and the defendant covenant that the MODeys shall be pay at  the several day limit by the bind or within eight day after and the breach be  assign that the sum of I Payable by one of the bind be not pay the plaintiff  upon the first of march which be the day limit by the bind and issue thereupon  be find for the plaintiff and hale move in arrest of judgement that the  replication be insufficient for it may be pay within the eight day after also  that the condition be for maintenance and so the bind void and judgement be  stay
alein report KENRIG versus Eggleston action sur case in a action upon the case  against a country carrier for not deliver a boy with good and money in it the  evidence be that the plaintiff deliver the box to the carrier porter who he  appoint to receive good for he and tell the porter thatthere be a book and  tobacco in the box and in truth there be a hundred pound in it beside and it  be agree by the counsel and give in charge to the jury that if a box with  money in it be deliver to a carrier he be bind to answer for it if he be rob  although it be not tell he what be in it and so it be rule in one Barcrofts  case as roll say where a box of jewel be deliver to a ferryman who know not  what be in it and be in a tempest throw it overboard into the sea and resolve  that he shall answer for it roll direct that although the plaintiff do tell he  of some thing in the box only and not of the money yet he must answer for it  for he need not tell the carrier all the particular in the box but it must  come on the carrier part to make special acceptance but in respect of the  intend cheat to the carrier be tell the jury they may consider he in damage  notwithstanding the jury give against the carrier for the money only the other  thing be of no considerable value abate only for carriage quod durum to see  circurnstantibus
alein report PRUGNELL whether gosse paso car rot error in a writ of error upon  a judgement in the c b in a action upon the case for that the defendant in  consideration of a marriage to he have between the plaintiff and her daughter  promise to give livre to the plaintiff and livre for apparel for her daughter  and whereas the defendant have a shop in Basingsto ke with diverse ware in it  she promise to assign over the shop to the plaintiff et transferee business  suarn angt her trade to the plaintiff and that she will not use her trade any  long in Basingstoke and breach assign in not pay the money nor assign the shop  and for that she use the trade there still c and upon non assumpsit a verdict  for the plaintiff and entire damage give and Twisden move for error that the  promise not to use her trade be against law and void and cite more be report  pace Elizabeth p a bind that one shall not use the trade of a mercer in  Nottingham be void vide simile mor mich Elizabeth p et hill Elizabeth c b and  be enter mich et Elizabeth rot entr Geggot et bachelor a bind with condition  that one shall not use the trade of a haberdasher in ken for four year be hold  void et lib h et h and this be agree by roll for law who take these difference  that where a bind or promise restrain the exercise of a trade although it be  as to a particular place only yet if it be upon no consideration the bind c be  void but if there be a consideration for the restraint as if a assign a shop  or sell braid ware to b there in respect of the apparent prejudice which may  accrue to b if a shall continue the trade such a bind or promise be good and  so be it adjudge in Frowards case upon a writ of error out of Bridgenorth but  although there be such a consideration yet if the restaint be general  throughout England it be void another exception be that the word transferee  negotiationein svan be of a incertain signification but not allow and so the  judgement be affirm alein report trin car b r
alein report shaw versus huntly trin car rot debt in debt against a executor  upon plene to manage plead and issue thereupon the jury find that the testator  devise that his executor shall sell certain land alein report er p
alein report sir John chichester case indictment sir jc be indict of  manslaughter and try at the bar and evidence be that he and his man be play at  foil and the chafe of sir John scabbard fall off unknown to he upon a thrust  so that the rapier go into his man belly and kill he and the court direct the  jury that forasmuch as such act be not warrant by law the party that use they  ought at their own peril to prevent the mischief that may ensue for consent  will not change the case and therefore though there be no intention of do  mischief yet the thrust be voluntary be a assault in law and death ensue the  offence be manslaughter yet the jury find it chancemedley but the court will  not accept the verdict but charge they if they vary from the indictment to  find it special and Bacon say he have know a jury bind over to the starchamber  upon the like cause whereupon they find he guilty and day be give he to  procure his pardon c pasch car banc king
alein report sir thomas bow case if lessee for year hold over and pay his rend  quarterly that make a tenant at will h e h f dyer a ten at will begin a new  quarter over shall pay the rend Inst h a Kel in debt for rend upon a lease at  will of house in London upon a trial at the bar touch the title of sir t bow  it be agree and give in charge to the jury by roll that if tenant for year  hold over his term and continue to pay his rend quarterly as before that this  payment and acceptance of the rend amount to a lease at will that if tenant at  will render rend quarterly begin a new quarter and voluntary determine the  will before the quarter end yet he shall pay the rend for that quarter
alein report Southcote versus SOUTHCOT E hill car rot in a action of debt upon  the statute of Edward the plaintiff set forth that he be proprietarius no   garbarum foami c and that the defendant do sow certain land contain so many  acre in that parish with grain and after mow it and carry away the grain not  set out the ten part and after a verdict for the plaintiff upon nil debet  plead it be move in arrest of judgement that the plaintiff have entitle  himself as proprietarius no  garbarum and demand for tithe of grain in general  whereas garbarum be a word of incertain signification and diverse sort of  grain be not wont to be bundle up as rapeseed mustard seed and CUMMiDseed  which use to be thresh out in the field he demand for tithe of grain en  general which be too incertain for that that there be several sort of grain  but it be resolve that garba in its prime and proper signification be intend  of corn and so roll say it be resolve in baxter case upon Oonsultation with  the civilian where one upon agrant of Decimus garbarum will have have tithebay  but they do agree that the word in its latitude do comprehend any thing that  use to be bundle as wood c but the ambiguity of the word here be take away by  the verdict and be to be intend of grain that be garbable the word grain be  certain enough for that it be express to be sow upon a certain number of acre  and here be not a demand of the thing it self but damage for it and all  praedial tithe be within the statute and this exception be overtuled in the  great case coke lib Intra cite in and roll say the same exception be take in  goldsmith case Trin car rot b r but the roll be see in that case the verdict  be not enter and roll give order that the judgement shall be enter for the  plaintiff but after direct it may be respite till next term but after the  judgement be enter and a writ of error bring in the exchequer but I think it  be for delay only alein report term mich car banc king
alein report Stoughton versus day hill car rot debt in debt upon a bind with  condition that whereas the plaintiff be sheriff of Surre and have make  Cornelius Trapp his bailiff of the hundred of Brixto if he shall execute his  office c and make true return of all warrant direct to he then c the defendant  upon oyer plead particular performance to all the plaintiff reply that process  be direct to he to levy issue upon I S and that he make his warrant to Trapp  to execute the same which warrant he do not return and upon a demurrer  judgement be give against the plaintiff because he do not show that the issue  be to be levy within the hundred of Brixto for it be resolve that though the  word of the condition be general to make return of all warrant direct to he  yet it be to be understand of such only as be to be execute within the hundred  of which he be make bailiff
alencon against butler record escape Br in know fa on judgement in debt the  defendant plead that a capias issue out of this court and that he be take and  afterward on habeas corpus out of c b the defendant be return and this cause  whereupon he be commit to the fleet and there the warden of the fleet suffer  he to escape on clegat against bunbury case adjudge that he shall in such case  conclude prout to stand open per record and for this cause Jones pro plaintiff  demurrer and the court incline it be ill for the party be not discharge by be  let go by the court contra if let go by the party Adjornatur
alexander against bet Wednesday may in devise Br I will write my will with my  own hand and nothing shall stand as my will but what be write with my own hand  per Keeling Ch just do not revoke a former will solemnly make by counsel and  seal by the party which the court agree in evidence to a jury albeit the word  be speak advice and deliberate and Windham say the word will not be any  revocation of a will solemnly make unless special notice be take of it and a  particular intent declare solemnly or some disability that a man can revoke it  by write as be in limit and of this great care be to be take by judge and jury
alexander contra alexander car foe bill to discover asset the suit be to  discover the estate of Richard Alexander decease which be come to the  defendant hand to satisfy a debt of pound due to the plaintiff from the say  Richard Alexander the defendant insist that the plaintiff ought not to have  relief in this court in regard the asset in the defendant hand be legal asset  and nothing appear but that the plaintiff have her proper remedy at law have  not prove chancery report any thing more to be in the defendant hand than be  confess in the defendant answer but the plaintiff insist that this court have  direct account in case of this nature to avoid circuity of action and further  charge and trouble of suit and that this court be possess of the Cause and the  party at issue on proof the same be as proper for this court as at commonlaw  chancery report er p this court order precedent to be search where this court  have direct account and give relief in this case and the Cause come to be hear  on the precedent and merit thereof and the plaintiff insist that there be  sufficient asset of the say Richard Alexander come to the defendant hand to  satisfy the plaintiff debt with overplus this court decree the defendant to  come to a account for the estate of one Blackhall unadministered
alford and turner release of error how plead upon a writ of error the  defendant plead a release of error and in the conclusion of his plea pray d  that judgement may be affirm which Northi urge be a waver of his plea but the  chief justice say it be but surplusage and the judgement be quod to express  grief praecluda
alford contra pit car foe demurrer remedy at law award the plaintiff suit be  to have the benefit of a award to which the defendant demurrer and say that  the plaintiff ought to take his remedy at law this court overrule the demurrer
alford versus earl lord commissioner Hillary term Joseph Jackson the elder be  possess of a term for year if John Jackson shall so long live to commence  after the death of Philip Jackson devise his interest thereof to his daughter  Sarah in these word videlicet and for my interest in Barton king in which I  have liberty by my lease to change my brother John jackson life for nothing at  any time these nine month I do give unto my daughter Sarah and do Nelson  desire that her life may be put in for my brother John jackson the testator in  the same will direct that the surplus of his estate after debt and legacy say  it shall be divide among several person who he make residuary legatee of which  the defendant earl be one who be also the survive executor about a year after  the make the say will the aforesaid Joseph Jackson surrender the say term have  liberty by his lease so to do and renew it again in his own name for year if  Joseph Jackson shall so long live but do not revoke his will nor alter any of  the legacy only he add several codicil to it and die the question now before  the court be whether the devise of this term to Sarah who marry the plaintiff  Alford stand revoke at law by the surrender of the old lease and if so then  whether the annex the codicil to his will do amount to a new publication  thereof and so shall be support in equity and it be decree that though the  surrender of the lease be a revocation of the devise of the term grant by that  lease in law yet the annex of the codicil do amount Nelson to a new  publication of that will and it be decree for the plaintiff Sarah accord see  Beckford and Parncotts case cro Elizabeth the same report by sir Francis more  fol roll title devise
ALFRAY against ALFRAY prerogative court and session Michaelmas term November  that a article in a allegation in a interest cause direct to be reform on  account of its generality Robert Alfray die intestate leave mary who claim to  be his widow and a son by her name Richard Alfray he have also two other child  by her who die before he and John and Euclid Alfray and Elizabeth wright his  child by a former wife mary as widow pray administration the three child by  the first wife enter caveat and deny her interest she propound it and give a  allegation plead in first article a courtship in and and that they be marry in  or about the month of November by a priest in holy order accord to the rite of  the church of England at a house in the liberty of the fleet in the presence  of several credible witness the rest of the allegation plead the baptism of  the child which she have by decease as legitimate constant own of her as  decease wife by he and by the party in the cause and several letter from the  decease to her in all of which he style himself her husband dr hay for the  child object only to the first article that both the courtship and marriage be  plead too general lee judgment sir George lee I be of opinion that as the fact  plead in the first article be matter within her knowledge she ought to specify  the place where he court her that it may appear whether it be a public  reputable courtship or a private clandestine one and that she ought at least  to confine the time of her marriage to the month of November but as to her  specify the particular house where they be marry it may be impossible for her  to do it at this distance of time consider that there be former a great number  of house within the liberty of the fleet where marriage be perform and accord  I admit the allegation specify the place where decease court her and confine  the time of the marriage within the month of November
alienation by a bishop notam per Mr cook attorneygeneral that he say in a  argument in the exchequer if a bishop with consent of the dean and chapter  alien land belong to his bishop with in fee that a contra form placing do not  lie and so he say he can show the resolution of all the judge of England the  reason be for that that the statute of Westminster cap whereupon this be find  speak only of abbot prior or master of hospital and albeit there be other word  general to wit or master of other religious or ecclesiastical house yet that  do not extend to bishop which be a high dignity than a abbot but the general  word after ought to be supply with intention of other house inferior to those  name before so have it be rule that a lease by a bishop be out of the statute  of Elizabeth cap which commence with dean and chapter howbeit there be general  word after to wit or any other have any spiritual or ecclesiastical live which  be intend of any other inferior to those name before and never be intend to  extend to superior but as I think the contrary bath be since adjudge
alington against dr cox almoner where the king after make a lease of land for  year with the deodand grant all deodand general not recite the lease to his  almoner and after the expiration of the lease make a new one like the former  the second lessee and not the almoner shall have these deodand almoner be a  officer of the court to collect with care all the fragment and every day to  distribute they to widow decrepit c Fleta lib c by a grant of all the good of  felon de see to a almoner he shall not have they ration officH but by the  grant of the king he be a officer for that purpose and Accountable by stat e c  Mr Andrews in his read upon this statute August a man be kill by the lift up  of a bellrope by ring the bell and the bell be account a deodand but in favour  of the church it be redeem of the almoner for sixteen shilling Norff Caudray  mark king Henry that make a lease of Richmond fee with all deodand and good of  felon de see to m Chickley for a term of year render rend and during this term  the now king grant the once of almoner to dr Cox durante bene plea and  afterward by letter patent grant to he in augmentation of the nourishing all  the good and chattel of felon de see as well within the liberty as without  within the kingdom of England to have as long as he shall hold his say office  and afterward the term of Richmond fee expire and the king make a new lease of  it as before to the say alington for a term of year render rend and now the  question be whether the almoner or the lessee shall have the deodand c and the  Lord Montague think that alington shall have they because the grant to Cox  during the first term dyer without dyer b er p recital of the former lease of  that be void wherefore c and he recite this verse of deodand in all respects  queen movent ad death are deodanda
all appeal from the roll be to be make to the Lord chancellor and decree make  at the roll must be sign or approve of by the chancellor to make they decree  of the court of chancery march Morse and dubois vin Abr pl if a material party  die before a decree be enrol yet it may be enrol afterward and if more than  six month expire before the enrolment yet by leave of the court it may be do  after that time duke of Buckingham and Sheffield ms note Q term and year what  may have be supply by motion be no objection to a decree Nov Banbury and  Bolton vin Abr pl
all deposition take in a Cause but not read at the hear may be read at the  rehear and this be the constant practice of the court but in appeal to the  lord nothing be read but what be read below Trin Geo in the case of Christmas  and Christmas select case in Chan vide title evidence and witness b Eq can Abr  p d p b case relate TO rehear vide a can this page
all Estatestail be estate of inheritance to which dower be incident and must  be within the stat de gift say arg and agree to per cur but a limitation of a  estate pur auter vie to a and the heir of his body make no estatetail in a and  there can be no dower of it it be no inheritance but only a descendible  freehold east in the case of low and Burron will Rep
all executor shall be presume to take notice of all judgement even a in the  inferior court of law and therefore be not to pay bind before such judgement  but at their Peril Trin per sir Joseph Jekyll master of the roll in he case of  Mr Herbert will Rep a see the office of a executor cap
all my personal estate of what nature kind or quality soever I give to my  sister a who I make my executrix and all my real estate of what kind nature or  quality soever I give unto my son b and c Chargeable with my debt hold at the  roll about or and afterward by king c that the personal estate shall be first  liable cite arg in the case of Stapleton and Colville vide this Eq can Abr p  can as the case of Bromhall and Wilbraham vide case in Eq tempt Lord Talbot  ibidem SC cite by Lord Talbot who say that in this case the real and personal  estate be pretty much of the same value and the debt must have exhaust the one  or the other fund so that have the judgement of the court be otherwise the man  child will have be leave without any provision
all soul college v everal Commission to set out meet way for passage a order  for a commission to set out meet way and causages move in presence of Mr  Egerton of counsel with the defendant custos of all soul college in Oxford  plaintiff Everaland other defendant year Elizabeth SC Ch can Ch
all soul college v everal common of pasture estover c pray to be relieve but  dismiss yet a Commission to set out the way upon hear of the cause touch the  common of estovers common of pasture herbage and pannage and other profit  apprender demand by the plaintiff by two several bill in Abberbury wood in Com  Salop and in other land mention in the bill forasmuch as the same seem more  meet to be determine by the commonlaw therefore order for those matter to be  dismiss and forasmuch as it seem the plaintiff their servant and tenant shall  have necessary way through the say wood it be therefore order by assent that a  Commission be award to set they out the guardian of all soul college in oxon  plaintiff everal and other defendant year Elizabeth SC caryi
all soul college v leighton suit for interest of common and profit apprender  dismiss the plaintiff bill be for certain way interest of common and profit  apprender and also for take of hawk cut of wood and take of distress the  interest of common and profit of apprender upon hear thereof be dismiss the  way refer to indifferent commissiones and a day give to show cause wherefore  the matter of distress take of hawk and cut of wood shall not be dismiss the  warden of all soul college in Oxford plaintiff Leighton Mawde and other  defendant year Elizabeth
all the clause of this will the portion must be understand to be Payable at  twentyone or marriage with consent Knapp v Noah Ambl vide Elton v Elton will
ALLABOYTER versus Clifford debt Suff John Allaboyter bring a action of debt  upon a obligation against Daniel Clifford which be with a condition that if  the defendant perform the award of two arbitrator of all action demand c move  between the plaintiff and defendant from the beginning of the world until the  day of the date of the obligation so that the arbitrament be make before the  ten day of December the defendant plead no such award before the day the  plaintiff reply and show that the nine day of Hutton er p December they award  of and upon the premise and arbitrate that the defendant shall pay to the  plaintiff fourteen pound at two several day and that upon the last day the  plaintiff shall make a general release to the defendant and the defendant  likewise to the plaintiff and allege a breach for the nonpayment of the first  seven pound and aver that the fourteen pound be award to the plaintiff in full  satisfaction of all suit quarrel c depend between the plaintiff and the  defendant at any time before the date of the obligation upon which plea the  defendant demurrer and object by attho that the release which be appoint to be  make upon the last day be not appoint but after the payment of the money and  also be then to be make of more then be submit to they but by the court it be  agree to be a good award for it shall not be intend that there be more matter  arise between they after the date of the obligation also if he have make a  release until the date of the obligation that be a good performance and this  case have be adjudge before between Nichols and grandie
allam vers heber what be asset by descent black Rep S c on riens per descent  plead it appear that the ancestor devise the land to the heir for payment of  debt and the court hold that notwithstanding they be a charge on the land yet  the heir be in by descent for the tenure be not alter case cite be salk hob  die Sti lev more cro Elizabeth roll ab I Lutw cro car Mod ld raym and the  statute of king William only charge other devisees vide ante smith v triggs  note and Martin v Strachan ante vide Freemoult v Dedire p wms Plunkett v  Penson atk where land thus devise seem to have be consider as legal asset so  as to give a preference in payment to specialty creditor but in Hargrave v  Tindal bro Chanc Rep note Lord Hardwicke hold that though land so devise  descend to the heir yet that they be equitable asset so as to entitle simple  contract creditor to a distribution acquire step see also the opinion of Lord  Thurlow in Batson v Lindegreen bro Chanc Rep strange report er p
ALLANBY and woolly distress action upon the case on Ph and mark cap it be  except in arrest of judgement that a action on the case lie not but debt for  drive distress there be cost l and Triple damage contra to roll Abr north and  Musgrave the court conceive this action be by bill be well enough but roll as  to the late clause in debt there shall be cost but not in action upon the case  but adjornatur for the party may release cost
allane against exton prohibition modern pl Pemberton pray a prohibition for  the parson of marrowbone on citation into London to take the faculty of curate  suggest this be a donative but it have on trial here in ejectment and in c b  upon a prohibition appear to be a private chapel and the parson a stipendiary  curate set up by the impropriator therefore per curian a prohibition be deny  and so it be in dukesplace on the same pretence the like for the Mineries in  one Roger case for the incumbent of a free chapel be Keble er p a incumbent  and in by title but this be not a free chapel nor enjoy any tithe or glebe c  but a voluntary stipend and this citation be but to take licence to preach
Allanson against butler Tuesday may ante escape Siderf pl escape Br escape Br  ac in a know fa the defendant plead a capias upon a judgement and that by  virtue thereof he be take and by habeas corpus bring to the c b and commit to  the custody of sir Jeremy Whitchcot warden of the fleet and thence voluntary  escape to which the plaintiff demurrer this be not a bar on corn dine against  manningham   Entr hetley the defendant say it be but only inducement and the  writ of habeas corpus may be lose therefore he need not conclude prout to  stand open per record and therefore Symson pro defendant pray his judgement as  also because when the sheriff let he voluntary escape Robertson against  Clayton I Cr he can take he again Jones pro plaintiff the difference be  between process that require no return and where the record it self whereby he  be commit be show the To bring together in action of escape be but inducement  but in a justification it be substance I agree that upon a capias or latitat  be need not so conclude but here be matter of record also here the matter of  the bar be not the matter of fact but the have sue out execution upon record  it be all one as to the party whether he escape by the sheriff negligence or  voluntary for in both it will be hard that where the plaintiff be in no  default that he shall be put to sue the sheriff Twisden agree the execution  must be allege by matter of record therefore he must conclude prout to stand  open c which the court agree if the party negligent escape the party and the  sheriff may take he again but if voluntary then only the party may take he but  not the sheriff but if the sheriff let he go by consent of the plaintiff then  neither can take he judgement pro plaintiff per totan curian
ALLBERRY against james Saturday Apr trespass Siderf pl in trespass of assault  beat and wound the defendant say he be master of a ship and the plaintiff a  servant and on disobedience to his command moderate castigavi prout bene to be  for sale and on issue non moderate verdict find non moderate castigavi and  Symson move in arrest of judgement that this be a jeofail be no direct  affirmative but it shall be de in an unjust manner svan not common with others  or non castigavi and to this Keeling Ch just agree for non moderate castigavi  be true if he beat he not at all but immoderate be a good issue so of violent  manus to place upon but non calmly manus to place upon be ill send curian  contra and judgement pro plaintiff the late Act be expire
allen against babington ante covenant Cond Br Bennet except against the  declaration because the plaintiff have not set forth that he have perform his  covenant and pay his rend and the covenant on which the action be bring be for  peaceable enjoyment on condition that be perform his covenant and pay his rend  as dyer pl and also dyer pl and for this cause he pray judgement may be arrest  Twisden say that in Broclesburys case where he be to redeliver plate melt to  the plaintiff he pay so much for it this be hold several covenant and so be  conceive this be which the court Moreton absent agree and by Windham this be  no condition precedent but be the consideration whereupon the party be to do  the act and without construction the word pay unless as in the case of dyer it  be precedent do not import a condition judgement pro plaintiff nisi Twisden  say that this matter shall have be special plead by the defendant and then it  may come in question whether these word pay and perform be any condition  precedent or not but as here plead it be not
allen against BLUMLEY lease in debt on lease for a year and so from year to  year Interrog  birth to please the defendant plead nil debet infra sex aged  hoc a preparation be verify to which sander Keble pro plaintiff demurrer  because in the present tense it be no sense and shall be causan act primo to  grow progressively above six year since and conclude to the country send non  allocatur for both be well enough and judgement pro defendant nisi and the  conclusion hoc a preparation good
allen against brach ent hill James Allen against brach upon the read of a  record in a replevin the case be tenant of a copyhold for life in which the  custom be that the wife shall have her widow estate and the husband be attaint  of felony and execute and whether the wife in this case shall have the widow  estate be the question upon the demurrer winch be only present seem that not  without a special customer in a action upon the case the plaintiff show that  he be possess of a wind mill sufficient repair and that be at the instance and  request of the defendant let that to I S and in consideration thereof the  defendant promise to pay the rend and that the mill shall be leave in  sufficient repair except the sail and he aver that he have let that to I S  accord and that he have not pay the rend nor leave that sufficient repair and  sergeant Hendon say that the declaration be not good first because that the  plaintiff have show that he be possess of a wind mill and have not show of  what estate and it may be this be only at will and then the lease be void  Hutton justice it be good notwithstanding this exception for the show that he  be possess be surplusage and if he have show that he let for winch er p year  and never show that he be possess yet this be good and if the lessee never  enter yet the assumpsit lie second Hendon move that the promise be to pay the  rend and to leave the mill sufficient repair except the sail and the plaintiff  aver that he have not repair and never make mention of except the sail and  here the jury find the defendant guilty of all and have give entire damage and  it appear winch by the plaintiff own show that he shall not have any action at  all for the sail for they be except and therefore though the promise be good  for the rend yet it be not for the not reparation and the damage be entire  winch and Hutton justice only present hold this good after verdict and  judgement be give accord
allen against BURNEYE Thursday Nov franchise Siderf pl Symson pray a  procedendo to Canterbury on habeas corpus after bail file here in ejectment  which Twisden conceive on Yelvert Feruly against Hawset which be true report  but not so in Cr pl that a procedendo must be grant else it will be a great  mischief which Windham agree and that the bail below be only discharge by put  in bail here but they may proceed in the principal cause which Keeling Ch just  doubt because the cause be only send down but no party in their custody and  this be no failure of justice but the privilege of the people to appeal to  these superior court but because the plaintiff below have not actual seal a  lease be a inferior court the court will not grant any procedendo way Baldwin  except against a presentment before the justice of Westminster for repair of  the highway lead ex part Barton to Newcastle and the judgement be that the  inhabitant of Barton which be not name in the presentment shall repair it be  ad sitting peace not say domini king but because he have no certificate of  repair the court will hear no exception Keble er p
allen against cutler writ in b r be returnable on returndays bill on a day  certain a to know facias on bail not show the condition be as a writ but show  the condition be as a bill SC I keb a to know facias on a recognizance in bail  on a writ of error condition if judgement be affirm to pay the money c the  defendant plead payment but do not set forth any place where on which the  plaintiff demurrer and rule for judgement for he for default of the venue but  then it be move that the writ be not returnable at a returnday but a day  certain and not be ground on any bill or thing in nature of a bill it ought to  have be returnable at a return day but if the to know facias bad set forth the  condition of the recognizance then it have be in nature of a bill and may be  make returnable at a day certain but here it be make use of whole as a writ  and therefore it ought to be make returnable at a returnday and so as all the  clerk say be the constant usage whereto the whole court agree and stay the  judgement levinz term sanct trin year car h in banc king
allen against MANUCAPTORS OF cutler ante pl bail Windham pray judgement  because a return at a day certain be as well here as on recital of the  condition send non allocatur this know fa be ground upon a new foundation but  if it be a know fa to revive a judgement it may be at a day certain but not so  here and per curian this be the course of the court the know fa be quash and  the party leave to a new know fa or debt upon the recognizance
allen against MANUCAPTORS OF cutler bail levin except a know fa on a single  recognizance of bail be returnable a day certain because it ought to be on the  common return day general which the court agree and so be the course of the  court but where there be a condition it may be returnable at a day certain and  so be the precedent Adjornatur pl
allen against pory tithe in Dism Br in action sur statute for sue contra to  prohibition by special verdict it be find that the archbishop of Canterbury  since r have hold the land in question discharge as dyer pl and more branch  case but per curian this be intend on action sur stat Edward for there can be  no other prescription in non decimand or as to the right unless it be before I  r as light   or time out of mind which be so presume because nothing can be  show whereby it appear late and the stat Westminster cap and h be only as to  the bring action judgement pro defendant post
allen against Powell Siderf pl pardon powis for the plaintiff pray a special  to know facias on the Act of oblivion on recovery by the defendant against the  plaintiff in a action of false imprisonment for matter during the war and that  he may not be put to and quer to which Windham incline as well as on release  show in court the advantage for the defendant Keble er p be the same and the  course speedy for the plaintiff and in c b its use thus surmise in the to know  facias that the matter relate to the late war and that he be not a person  except but hide remember it not in his time and conceive that any one may as  well have it on bare suggestion at bar so Twisden send adjornatur to search  precedent
allen against reeve hill car banc Reg mich car rot arrest of judgement in a  action of covenant Allen bring a action of covenant against reeve and his wife  upon a lease expire make of certain house by deed unto the wife dumb sola to  be wherein be a covenant to keep the house in repair during the term for  breach of this covenant be the action bring and declare as to one of the house  that it be burn by negligence the defendant plead a special plea to this  effect that the house which be burn be not burn by negligence nor with common  fire as the plaintiff have declare and as to the rest they plead the general  issue that they be in good repair at the expiration of the term the plaintiff  have a verdict Nicholas of Council with the plaintiff say it contain a  negative preignans for there be two matter offer in issue one that the house  be not burn by common fire that that it be not burn by the negligence of the  party roll justice if it be a negative preignans as you say it be you ought to  have demurrer unto it as to a double plea but let we see the book and stay in  the mean time
allen against rescous assumpsit to beat one nought vide I cro   Jo assumpsit  in consideration that the plaintiff will give he S to give the plaintiff40s if  he do not beat I S out of such a close and that he give the defendant the S  but he do not beat I S out of the close verdict for the plaintiff but  judgement be stay for the consideration and the whole contract be illegal and  void
allen against smith where a executor seek the recovery of a specific chattel  he must resort to law after a discovery in equity attorneyGeneral where a  person who be not executor but a wrong doer get in his possession any specific  chattel of the testator as a watch c I do not know that this court will give  relief but leave they to law but where the chattel be a bind or note which  will be difficult to describe in trover this court will relieve Lord  chancellor where a man have get possession of all or great part of a testator  effect there the court upon a bill for discovery will give relief but where it  be only of a particular chattel after discovery in this court the party must  resort to law t recover it in the case of a bind c or other thing which will  put great difficulty upon the party to describe in trover there this court  will decree such bind to be deliver up but discovery do not draw relief in all  case
allen against Westby before see S c p it be rule that the defendant shall not  have cost against the informer they be find against the informer and Brownlow  affirm that the course of the court be that upon the statute the defendant  shall never have cost against the informer although Binge cite a precedent to  the contrary boundary saint mich year car ring come banc gosse v Skipton  Hetfey er gosse against Skipton in the court of request gosse borrow money of  the testator of Skipton and give a term whereof he be possess for five year to  he for security by indenture with a proviso of redemption and show further in  his bill that there be a verbal agreement between they that if the money be  not pay at the day the testator shall take the profit grow upon the land and  if the profit amount to the value of the sum of money that then be shall have  his term again and that he reap the profit accord which well satisfy he and  yet be continue possession of the term which afterward come to Skipton and be  now expire and so he pray that the defendant may account for the profit and  the defendant move for a prohibition Richardson although the trust be contrary  to the indenture yet such a averment be good notwithstanding the proviso but  for that that the executor shall account to none but the king and the year be  now spend and although he occupy the same yet the profit shall be asset and if  it shall be receive in the court of equity there shall be a devastavit against  the executor and by the whole court a prohibition be grant
allen against Westley see S c p in evidence to the jury between Robert Allen  and Isaac Westley upon the Elizabeth for perjury Richardson there remember  that there be one charge with perjury and it be lie that one swear that he  draw his dagger and beat and wound another and it be find to be with a staff  and it be agree not to be perjury for the beat be only material it be one  style his case and it be agree by the court in that case that although a  witness swear the truth yet if it be not truth of his own knowledge as if he  show how one revoke a will b parole in his hear when the word be speak to  another in his absence he do not swear true and it be a corrupt oath within  the statute and it appear in the case in which this perjury be suppose to be  commit which be between Allen and Westley also that these word be good word of  revocation of a will I utter renounce and detest that will and will make a new  one but if they be that will shall not stand I will make a new one they be not  for the first show a present purpose of revocation the last a strong but more  afterward
allen and CROBCROFT march Thomas Allen become indebt to Crobcroft in several  sum of money and Crobcroft persuade Joseph Allen the brother of Thomas to join  with Thomas as surety for he in give a bind for this money at the same time  Crobcroft give a note to Joseph whereby he promise he that he will not take  advantage of the bind against he and tell he that the design of his persuade  he to enter into this bind mere be that Thomas may be more likely to pay the  money when he know that his brother be bind for it by the bind the money be  make Payable at different instalment however Crobcroft think proper to put the  bind in suit against Joseph and obtain judgement upon it the present bill be  bring by Joseph against Crobcroft pray to be relieve against this judgement to  this bill Crobcroft put in his answer and thereby admit the fact before set  forth but swear likewise that there be a mistake in the manner of draw the  note for that as he swear the intention of the party be only that Joseph shall  not be oblige to pay the money till all the day of the several instalment be  over it be now move that the injunction may be continue till the hear  Barnardiston Lord chancellor say his opinion be that the injunction ought to  be so continue he say it be the general rule of the court that where a plain  equity set forth by the bill be admit by the answer but endeavour to be avoid  by another fact the injunction shall always be continue till the hear and so  his lordship be please to decree accord
allen and other against Maxey defendant plead in abatement plaintiff confess  the plea to be true and enter a nil to take in hand per breve the judge in the  treasury upon hear the atorneys on both side hold that plaintiff in this case  shall not pay cost salk garland against extend mich annae Thomas against Lloyd  Gul in b r
allen and PATSHALLS case a copyholder do surrender unto the use of a stranger  for ever and the lord admit the surrendere to have and to hold to he and his  heir it be adjudge in this case that if it be upon a devise that such a one  shall have the copyhold in fee and afterward a surrender be make unto the lord  to grant the copyhold accord Godbolt er p ing to the will and he grant it in  fee to he and his heir that the grant be good but gucere in the first case for  it be there but a bare surrender only mich Elizabeth in the king bench
allen and Syms reply to plea of misnomer how to conclude post the defendant  plead that his name be simons the plaintiff reply tam how hoc a preparation be  verify and it be rule that it be well either way whether the plaintiff  conclude to the country or with a hoe a preparation but where Comberbach the  defendant in his plea traverse absq hoc there the plaintiff in his replication  must conclude to the country
allen bank son and executor of William bank plaintiff any bank widow of the  say William defendant where a release be plead and decree to be a issuable  plea and not in bar custom of London concern orphan the defendant have get  great part of the estate of her late husband William bank the testator and  conceal the same the plaintiff exhibit his bill to call her to a account  suggest that by the custom of the city of London he be entitle to a great part  thereof after debt and other duty be discharge the defendant plead that after  her say husband be death she exhibit a in ventory on oath and several account  concern his estate into the court of orphan and have a allowance thereof and a  discharge by the say court that afterward she receive more money of the say  estate and then the plaintiff and his brother Richard and John be of age she  on April account with they and pay to each of they his share and by their  several release date on the same day they discharge the defendant of all  action suit and demand whatsoever relate to the say account the court be of  opinion that this be a issuable plea and not in bar and that the plaintiff may  reply to it and take issue as he shall be advice without cost on either side  report tempt finch er p
allen plaintiff against Abraham defendant Awaction of trespass and ejectment  upon a trial at the bar by a Essex jury in a action of trespass and ejectment  upon non culp plead the matter arise upon the issue which be as touch the  custom of a copyhold manor whether the copyhoilders upon their admittances  have use to pay fine uncertain at the will of that lord or fine certain S the  value of two year rend and no more to prove the fine for to be uncertain the  plaintiff do show forth diverse court roll of admittances upon surrender and  that the fine take by the lord be not certain but sometime such a sum and  sometime another sum by t always under the value of two year rend and none  above this William justice and the whole court a send Fleming chief justice to  prove a custom for uncertainty of fine and not to be certain two year rend  there ought to be show court roll and that in case of descent that upon such  admittances they have use to pay for fine above two year rend but roll to  prove uncertainty of fine though in case of descent if the fine be under the  value of two year rend these be no proof at all for the fine ought to be above  two year rend for it be a good custom to Bulstrode pay for fine upon  admittances the value of two year rend or under and the proof ought to be in  case of descent for in case of a surrender or a purchase of a copyhold the  lord may take what fine he will but such fine be no proof to prove the take of  uncertain fine by the custom but the same ought to be in case of descent and  as to the case allege to prove fine uncertain upon a descent where a  copyholder surrender to the use of a widow for her life the remainder to the  use of his son in tail and die the son be admit and pay for his fine above the  value of two year rend in this case the son be not in as by descent but by  purchase and so be the opinion of the whole court and so the plaintiff  perceive the opinion of the court to be against he become nonsuit
allen v allen June report pursuant to a decree no objection be take to the  draught and the report be confirm the cause come on this day to be hear for  further direction on the report dickens after hear the decree and report read  sir Thomas clarke m r order the cause to stand over with liberty for the  plaintiff to take exception to the report if he have take exception to the  draught dickens er p
allen v dingley the plaintiff have a injunction against the defendant and  publish yet sergeant Powtrel move for judgement and be enjoin not to depart  the town without licence forasmuch as Mr dr Yale one of the master of this  court to who the consideration of a contempt in the breach of a injunction be  commit by master sergeant Powtrel be refer have make report that the say  sergeant Powtrel after the open publish of the choice case in chancery same  injunction and after perfect knowledge thereof do move at the king BenchBarre  for judgement for the defendant iterate his motion for the same which he do  after the sight of the say injunction therefore the say Mr sergeant Powtrel be  this present day call into this court be open enjoin in the sum of one hundred  pound not to depart out of the town until he shall be licence there unto by  the right honourable the Lord keeper of the great seal of England Allen  plaintiff Dingley defendant year Elizabeth the like order be make the same  term against master Robert snagg for move for the defendant in the king bench  in the same cause
allen vers harris S C Lutw plead Lutw vol a accord be no bar before execution  but a award be trover for a waistcoat the defendant plead that the plaintiff  in consideration that the defendant at the special instance of the plaintiff  assume to pay to the plaintiff agree to discharge the defendant of this trover  c and lie mutual promise to perform c the plaintiff demurrer girdler sergeant  for the defendant the old rule be that a accord with satisfaction ought to be  plead execute that the plaintiff may be sure of something for his damage but a  arbitrament may be plead without performance because the party may have  reciprocal remedy then it be now settle that the party may have action upon  mutual promise this accord may be plead though not execute because each party  may have his remedy t Jones raym case v barber t Jones Wickham vers tailor say  non allocatur for per curian if arbitrament be plead with mutual promise to  perform it though the party have not perform m part who bring the action yet  he shall maintain his action because a arbitrament be like a judgement and the  party may have his remedy upon it but upon accord no remedy lie and the book  be so numerous that a accord ought to be execute that it be now impossible to  overthrow all the book but if it have be a new point it may be worthy of  consideration judgement for the plaintiff see Henry accord hill Edward p
allen versus Brookbank Trin W salk a citation for incontinency to the  spiritual court be serve on the Sunday and fix on the church door it be object  to be void by car holt c j that statute extend not to this process nor to  summons at the church but only to such process which may as well be execute at  any other time holt KB prohibition
allen versus Brookbank Trin will B R citation may be serve by fix on the  churchdoor on Sunday Mod Carth upon a libel in the spiritual court for  incontinency the citation be serve on the Sunday and fix on the churchdoor and  that be object to be void because it be a process vide car holt c j that  statute extend not to this process nor to summons at the church but only to  such process which may as well be execute at any other time Salkeld er p lord  Bellamont case pasch will B R discuss Dixon v Farrer Q b d Q b d trial at bar  last paperday post I the attorneygeneral move for a trial at bar last paperday  in the term in a action against the governor of NewYork for matter do by he as  governor a and grant because the king defend it a vide Cowp
allen versus grey show salk ne unques accouple a ill plea trespass for take  his wife the defendant plead ne unques accouple in loyal marriage and the plea  be adjudge ill and a respond ouster award because a marriage in fact be  sufficient to maintain this action but per holt a plea that they be not marry  or not covert in marriage will be good
Allen versus Nash hill James rotulo the plaintiff bring a ejection strong and  a special verdict upon a surrender of copyhold land which be to the use of the  second son for life after the death of the tenant and his heir and it be  adjudge not to be good in a surrender for though it be good in a will yet  implication be not good in a surrender and in copyhold case a surrender to the  use c this be no use but a explanation how the land shall go if the lord grant  the land in other manner then I appoint it be void if there be find  jointtenants and one surrender to the use of his will it be a breach of the  joinder and the will good challenge because the sheriff marry the daughter of  the lessors wife and hold no cause
allen versus swift case word bankrupt of buyer of lead Allen bring a action of  the case against swift and declare that whereas he bargain and sell that be to  say merchandise for lead in the county of Derby and thereby have acquire money  towards his livelihood the defendant say of he he be a bankrupt and be not  able to pay his debt but will run the country it be find for the plaintiff and  move in arrest of judgement by sergeant Harvey that the action not because  that the plaintiff show not that he use it not as his trade nor that he gain  his live by buy and sell also he be entitle gentleman but the court hold that  the action will well lie and it have be adjudge Elizabeth that a tanner shall  have aid action for such word croak
allen versus Symms Trin will rot where one affirmative be in answer to another  it ought to be aver and not to conclude to the country IndeWalus assumpsit  against Richard Symms who plead quod ipse idem Richard versus who c be call  Richard Symonds and traverse that he be call Richard Symms hoc c the plaintiff  reply that the defendant be call and know as well by one name as by the other  hoc a preparation be verify and upon a demurrer to this replication per curian  the defendant may well enough say that ipse idemRichardus be call Richard  Symms for he may own his Christian name and plead a misnomer to his surname  but in this case all be discontinue by the plaintiff replication because be  aver his plea when he ought to conclude to the country Sedper curian where one  affirmative come in answer to another affirmative in such case it ought to be  aver and not conclude to the country but it be otherwise where a affirmative  come in answer to a precedent negative therefore in this case the defendant  have add a traverse to his plea the plaintiff ought to have conclude his  replication to issue videlicet to the country for in plead the traverse be as  a negative and every general negative must conclude to the country so that in  this case the misconclusion of the replication have make a discontinuance dyer  and Yelv Thomp Ent No raze Ent
allen who tam v Jan a reappraisement order where the first value be set too  high ante pl it be this day move on the behalf of Allen and other officer who  have seize a quantity of opium that there may be a reappraisement the first  appraisement be at fifteen shilling per pound which be too much by five  shilling per pound as appear by a affidavit and if the first appraisement  stand it will be a great loss to the officer who seize for they must pay the  king moiety accord to the appraise value per curian there be no bidder in this  case let there be a reappraisement but quaere in what respect the case will  differ in the reason of the thing if there have be a bidder
allens case a to know facias issue out in the name of the queen to show cause  why execution of a debt which be come to the queen by the attainder of I S  shall not he have the defendant plead that the queen have grant over this debt  by the name of a debt which come to her by the attainder of I S and all action  and demand c upon which the plaintiff demurrer and the question be if the  patentee may sue for this in the name of the queen without special word and  two precedent be cite that he may pasch Elizabeth rot in the exchequer where  green to who a debt be due be attaint and the queen grant over this debt and  all action and demand and a to know facias be sue for he in the name of the  queen also in the Elizabeth rot mabb of London be indebt by bind and the debt  come to the queen by the attainder and she grant it to bone and all action and  demand and a to know facias be issue out in the name of the queen and the  principal case be adjourn but the patentee have express word to sue in the  name of the queen although it be not so plead Owen er p Owen Elizabeth pelling  against LANGDEN in b r rot in a trespass for break his close and kill cony the  defendant justify because he have common time out of mind and because the cony  be damage pheasant in the place where he kill they the plaintiff demurrer and  judgement give for the plaintiff for cony be beast of warren and profitable as  deer and be not to be compare to fox and vermin which may be kill but the  owner of the soil may keep cony where the common be as well as other cattle  also be may make fishpond in the common and the commoner can destroy they cook  Rep h so it be adjudge trinit Elizabeth
Allens versus spark all Trin James rotulo action of the case bring for stop up  the plaintiff way and the plaintiff declare that one h b be seize of the manor  of m of which two acre be customary land and that the lord of the manor have  for himself and his customary tenant for the say two acre a certain highway in  by and through c and that the lord of the manor grant the say two acre to the  plaintiff and that the defendant make and erect one ditch and hedge by reason  whereof the plaintiff lose the benefit of his way and after trial and verdict  for the plaintiff it be move in arrest of judgement because it do not appear  in the declaration to what village the common way lead to and it be hold a  good exception and judgement arrest but if it have be unto a commonway there  or in such a village it have be good judgement arrest for that the  consideration be not valuable
ALLERSON against Eden the bishop of Norwich seize of three manor and of a  rectory grant the say rectory to Maunton c and because the queen have a rend c  of thirty three pound out of the rectory he covenant and grant with n his heir  and assign that if c he be destreyned c for that rend c that then it shall be  lawful for n c to destreyn for so much in the three manor which after be grant  to woodhouse n afterward grant the rectory with such a clause of distress in  the same manor to b and adjudge that n may lawful grant that over as well with  a nomin pnae although it be not annual and the distress by b adjudge lawful
ALLESTON against more Alleston a attourney of this court bring a action upon  the case against more for call he cheat knave and it be not upon speak of he  as a attourney and for that by the court in arrest of judgement it be not  actionable if he have say you cheat your client it will be actionable one say  that my Lord chief baron hetley er p can bear of one ear talk praehabito of  his administration of justice and it be adjudge actionable otherwise it have  be if they have no discourse of his justice
alleviate versus RESHERE mich geo two double plea cur give leave to plead non  assumpsit and a recovery and execution execute as to part of the debt  fortescue er p
alley and cox arbitrament debt on condition to perform a award upon no award  plead the plaintiff set it forth be that the defendant pay and release to be  general on dispute of take sheep by replevin and breach in nonpayment at or in  the house of a stranger to which the defendant demurrer and Twisden hold this  ill be at or in the ho use of a stranger he can come in without be a  trespasser Keble but at or in the house of the party imply a licence and this  be well enough but the other justice hold this well enough and judgement for  the plaintiff nisi
Alleyn against hold Trin bane sum p Entrbd Pasc error to reverse a judgement  in debt against a heir a action of debt be bring against a heir who plead  riens per dissent judgement be give against he upon a nothing to say a writ of  enquiry be award without the prayer of the party and a special judgement  thereupon give against the defendant upon a writ of error bring style report  to reverse this judgement it be allege for error that the judgement ought to  have be a general judgement and there ought not to have be a writ of enquiry  except the party have pray it and to this the court incline and roll chief  justice say that it be otherwise in a action against a executor for there  asset may be find at another day roll chief justice say if the heir plead  riens per dissent and if it be a false plea a general judgement ought to be  against he and there shall be no writ to inquire what land he have and it be  not necessary as here it be to have a special judgement that the plaintiff  shall recover of the land descend for the judgement ought to be that the  defendant body and good be liable and half his land and not as it be here a  writ to inquire and find what land he have by dissent Reverset nisi style  report er p
alleyne ux versus grey Trin W m B R see lev show S C comb in debt by baron and  feme ne unques accouple be no plea Doct placit see lev side roll Abr pl keb  Andrews in debt on a bind the defendant plead ne unques accouple in loyal  matrimony plaintiff demurrer and have judgement for it alter the trial instead  of try per pais it put the trial on a certificate from the ordinary and dly it  admit a marriage but deny the legality of it whereas a marriage de facto be  sufficient and whether legal or not legal be nowise material
Allgood v Howard easter g I a prisoner on a contempt can it be charge with a  declaration without leave of the court Vid pep per v Bawden post p stat W III  cap S cook a motion be make to stay proceed against the defendant who have be  charge with a declaration at the plaintiff suit while be remain in the fleet  prison for a contempt of the court it be insist that the plaintiff can not  deliver a declaration against a defendant in prison for a contempt without  have previous obtain the leave of the court for that purpose of which opinion  be the court and order proceed to stay accord but the court be now move for  that purpose give leave to deliver a declaration de to make new against the  defendant cook c p note it be also hold that a person in prison for felony c  can be cook c p er p charge with a declaration without leave of a judge the  attorneygeneral or proper court
ALLICOCKS case whereas a livery be to be sty by John Allicock after the death  of jane Barker former the wife of William Allicock esquire decease of and for  the manor of Sibbertoft in the county of Northarnton for decide whereof a case  be make as follow videlicet William Allicock seize in fee in the right of jane  his wife they levy a fine to the use of themselves for their life for one  moiety the remainder thereof to John their son and heir apparent in tail the  remainder to the right heir of John this moiety John after the death of  William levy a fine to the use of Thomas his son and heir apparent and Bridget  his wife and the heir of the body of Thomas the remainder to the heir of  Thomas then jane die then this be find by office after her death question  whether John shall sue livery and resolve by Fleming coke and Tanfield that  because John have convey away the estate which be execute to he for his  advancement before the death of jane the ancestor by who the advancement be  therefore he ought to sue no livery for the say moiety which be decree accord  lie trin James
allington versus vavasor Trin will B R sal Mod hard raym Faresl in trespass  against four there can be put one nonsuit for want of declare a latitat be sue  out against four defendant in trespass the plaintiff be nonsuit for want of a  declaration and the defendant attorney enter four nonsuit against he and it be  hold to be irregular because the trespass be joint and though the plaintiff  may count several against the defendant yet it remain joint till it be sever  by the count a a r similiter on a judgement of non pro burr
Allison against reeves prohibition orlaby pray a prohibition to the arch on  appeal after sentence on suggestion that he offer a plea that the vicar by  custom receive the profit and by reason thereof have use to repair the chancel  and that the spiritual court refuse this plea which the court grant because  the suit be not between the parson and vicar but only a presentment make by  the churchwarden that the impropriator ought to repair and a citation  thereupon and thereupon this plea offer bail notam Twisden justice demand of  Livesey the secondary whether if special bail be put in below in inferior  court and the cause be remove by habeas corpus or certiorari in b r by the  defendant if he shall be force to special bail here and he say he shall and so  be the constant practice on all habeas corpuses what ever the cause of action  be and to this Windham incline be to support a remedy but by Keeling Ch just  and Twisden it be unreasonable that the executor shall find special bail here  albeit he be compel to it below though the removal be his own act whereof it  be say he shall not have advantage
Allison and sharp some contra Dickenson elsewhere upon a bill in equity the  case appear to be that sir Edward Wittington die possess of a personal estate  in both province of York and Canterbury and his will be prove in the  prerogative court of Canterbury and upon a suit there for a legacy there be a  appeal after sentence and afterward administration be grant of his good within  the province of York from which there be a appeal and pen these appeal a bill  be prefer here to discover the personal estate of the intestate and and  agreement to have administration to which the defendant plead the  administration grant of the good within the province of York and conclude  general whether they ought to make answer to any matter contain in the bill in  any other manner and per curian clear where there be good notabilia in several  province there must be several administration so be h and administration grant  in one province be void as to good in another because there be distinct  supreme jurisdiction and they hold the plea good as to those good and that the  appeal if bring within fifteen day suspend the former sentence and they be  clear of opinion that the conclusion extend to make it a plea to the whole  bill though the matter of the plea be special and therefore that as to what be  not contain in the plea the defendant ought to answer and so it be award
allow against more ante assumpsit levins pray judgement in assumpsit in  consideration of many men a favor the defendant promise to pay be after  verdict as hut the particular must be presume to be give in evidence and now  the right of the matter be try that he have do gratissimum slavery many men a  favor powis contra and every man be bind to do a favor every day and this be  uncertain which the court agree and a nil to take in hand per billam be award  per curian but pro need do at the plaintiff request be good post
allure and Welby trin car two rot trespass in debt on lease of tithe the  defendant plead nil in property the plaintiff show he have fee hoc petit for  hoc a preparation to which the defendant demurrer send non allocatur for to  plead the the plaintiff have but tail be a departure so the plea hoc petit  good enough
ALLWATERS against bird a make a feoff to four to certain use with power of  revocation upon tender of three shilling for a reasonable cause to be show by  he and to be approve of by they one of they die and adjudge in a ejection firm  that a tender to the survivor and their approbation be not sufficient to  revoke c for that approbation be a thing of consent which can survive c we  dyer but by Popham otherwise it have be if the feoff have limit tender only to  be make to two
ALMANSON vers davila S c Com upon a motion in this case holt chief justice say  that he have know it hold by the court that where the plaintiff be nonsuit for  a want of a declaration and afterward bring another action for the same cause  that he shall have but common bail to the say action a accord to the report in  Com there be a nonsuit in this case for a fault in the declaration
ALMESKEY against johnson Johnson have a second deliverance return which be  return averia eloigniata c whereupon he pray a withernam of the cattle of the  plaintiff and it be grant and then come the plaintiff and satisfy the  defendant his damage and charge and pay a writ of restitution to have his  cattle again take in withernam Fleetwood cattle take in withernam be not  repleivisable how then can you have your cattle and then we shall not be pay  for the meat and the court hold that the cattle be not repleivisable but for  satisfaction of damage he shall have restitution of the cattle and so be the  course which be confirm by the clarks and walmesley cite h replevin to warrant  this and as to the meat he have the use of the cattle whereby it be reason he  shall sustain they and a writ of restitution be grant
almy v PYCROFT suit for hay corn and grass not worth S dismiss Christopher  almy Christopher from James wood other inhabitant de great Ashley plaintiffs  James Pycroft defendant the matter be for hay corn and grass upon oath not  worth forty shilling it be by order dismiss for that it be of so small a value  year Elizabeth Mews dig title court c chancery jurisdiction
ALNETE v BETTAM two defendant contend for a tenement the tenant pay his rend  into the chancery be discharge the plaintiff exhibit his bill thereby show  that there be question and controversy between two defendant for the reversion  of the manor of aldwell which he hold for year by lease make thereof to he by  one Anthony Marmyon and that he do not know to which of they the rend and  reversion be due and therefore desire that upon payment of his rend into this  court accord to the covenant and article of his lease he may be discharge and  save harmless from molestation suit and trouble for the same rend by the  defendant or either of they wherefore it be order a injunction be award  against the defendant not to molest the plaintiff for his say rend during the  say contention so as the plaintiff pay his rend into caryi this court John  Alnete plaintiff Christopher Bettam and Edmond Marmyon defendant year  Elizabeth Fol
ALOFF versus scrimshaw Trin W m B R covenant not to sue for a certain time be  not a release or defeazance raym S C show comb Carth holt in debt on a bind  for l the defendant plead a covenant since make by the plaintiff whereby be  covenantee not to sue for the say debt upon the say bind for and during the  term of year this be hold nought upon demurrer for it be but a mere covenant  and do not enure as a release or defeazance and so can be plead in bar vide  cro Ro h a a the ground of the decision in this case appear to be that a  personal action once suspend by the act of the party be go for ever ante dyer  therefore the covenant must be either a absolute discharge or a mere covenant  the former of which be manifest repugnant to the intent shall not be imply the  same point be rule in dowse v Jeffreys roll vin but it be hold in that case  and also in this accord to the report in show and comb that a covenant not to  sue general will operate as a release the same be rule in Searville v Edward  cite ld raym Salkeld er p
ALSBURY con TROUGHTON car foe discharge from arrest be do as he come to put in  his answer the defendant be arrest at the plaintiff suit as he come about put  in his answer and imprison and after several other action charge upon he be  all discharge it be do in breach of the privilege of this court
Alsop against BAGOTT a question arise upon the late Act of parliament touch  notice to be give upon the copy of process whether the day to be express in  the notice must be the essoignday or the appearanceday in this case notice be  give for the appearanceday which the court hold to be good this motion be  after judgement but the merit not have be try a rule be make to show cause why  the judgement shall not be set aside upon payment of cost but no cause be ever  show aliter postea
Alsop against senior ante arbitrement in debt on obligation conditional to  perform a award which be as Cr of livre in satisfaction hay case as well of  the debt due to the plaintiff as by a stranger to the award videlicet another  brother to which the defendant demurrer because the matter be complex and the  party and stranger not independent and several so must be void in all or none  but per curian it be void only to the stranger but be not aver ready to be  deliver and accord to the condition it be ill but adjornatur
Alsop against senior arbitrement in debt on obligation conditional to perform  award of all debt between the say party after oyer and no award plead the  plaintiff set forth the award which be that in regard of certain debt of a  stranger videlicet brother of the defendant that the defendant pay livre to  which the defendant demurrer because this award be void not appear the  defendant be executor administrator or otherwise entitle to those debt but per  curian this be well enough as to the party and void as to the stranger to  charge he and judgement pro plaintiff post
Alsop versus BAGGET trin geo ill prac ring barn S c notice to appear on  process must be for the essoinday Vid jenner v Wilkinson post p green v  Walkins p Lloyd v Beeston and Cort against turner p cook in this cause the  court resolve that on the copy of the process which be serve upon the  defendant notice be to be give to appear on the essoinday and not on the  appearanceday cook c p er p note in this cause last term the court be of  opinion that the notice shall be for the appearanceday but now reconsider the  matter they determine as above
alston against daw tax in action sur statute car cap for deceive the king of  his custom the defendant plead a former action depend by one week a informer  for the same duty which be real bring and the party appear to it but it be not  file till after the plea plead which the secondary on nul tiel record plead  certify and per curian be bring before it be well file after
alston all versus BUSCOUGH hill will mark b r rot comb SC Bulst debt for not  set out tithe the declaration be ill and for what reason cro Leon hob march  Plowd sand side in a action of debt upon the statute Edward of tithe wherein  the plaintiff demand the Triple value c upon nil debet plead the plaintiff  have a verdict in c b and upon a writ of error bring in b r it be very much  insist on that the declaration be ill because the plaintiff have only allege  that the defendant have carry away the tear without set out the tithe but do  not aver that the defendant have make any agreement with they for the tithe  for the statute give the penalty where the tithe be carry off without any  agreement make for so do therefore if the defendant have agree with the  plaintiff for carry off the corn without set out the tithe as it do not appear  but he may then it have be no forfeiture and the court be of that opinion  videlicet that the declaration be ill for the reason above if it have be upon  a demurrer but this be help by the verdict for if there have be any agreement  prove at the trial the plaintiff can not have obtain a verdict
alston and daw abatement in a information the defendant plead another depend  which be true the day of the plea plead but be afterward discontinue and  afterward issue join and the record certify that there be such a record which  per curian ought so to be and so resolve in Litgolds case but if the first be  reverse by error so it will be nul tiel record and judgement for the defendant
Alston versus walker mich James rotulo land be mortgage and a promise that if  the mortgagee at such a time and place shall pay the money to the mortgagee  Brownlow goldsborough er p his heir or assign that then the mortgage shall be  void the mortgagee die and the money be pay to his executor and it be adjudge  to be no performance of the condition for the executor be not name and the  money ought to be pay to the heir who shall have the land if the money be  unpay and not the executor Brownlow goldsborough money to be pay fifteen day  after return c he prove his be there court divide which proof shall be  precedent or subsequent
alstone versus hutchinson trespass for carry away his good the defendant  justify as in his freehold no good plea h b h a cro trespass for take and  carry away his tree the defendant plead the common bar videlicet that the  place where the trespass be suppose to be do be his the defendant S freehold  and so justify as in his freehold c and upon a demurrer to this plea it be  adjudge ill for this be no plea to a trespass de good carry away but peculiar  only and proper to a trespass quare enclosed space to break in pieces quod  notam
altham v smith a dumb man be not to answer upon subpoena it appear by oath  that the defendant be both senseless and dumb and therefore can instruct his  counsel to draw his answer and therefore order that no attachment or other  process of contempt be award against the defendant for not answer without  special order of this court Altham plaintiff smith defendant year Elizabeth  Mews dig title lunatic VI action and proceed by and against c Mading SC Ch can  Ch
altham v smith the defendant senseless and dumb no attachment yet after  recovery must answer the defendant be both senseless and dumb order that no  attachment shall go out against he but after upon information that he be come  to his sense a Com mission be award to some discreet commissioner to take his  answer Altham plaintiff smith defendant year Elizabeth SC caryi
although a executor or trustee be not empower or direct to place out money at  interest yet if he make interest he shall be Accountable for it pasch lee and  lee vern decree accord
although a real estate be make liable to debt yet it shall only come in aid of  the personal and the personal shall be first apply apart Nokes and Derby vin  Abr pl
although equity can carry interest high than the penalty of a bind yet when it  be tack to another security as where there be a mortgage from the obligor to  the obligee for secure other sum of money equity will not suffer the mortgagor  to redeem unless he will pay the interest which be over and above the penalty  of the bind this be very equitable for certain it be agreeable both to reason  and conscience that the interest shall be pay when the obligor have so long  neglect payment ms note mich Ann peer and baldwin ms Rep
although the husband by law can be charge with the debt of the wife after her  decease unless judgement be obtain in her lifetime yet where she bring the  husband a sufficient estate a court of equity will make he answerable after  her death so say and seem to be admit in the case of ball and smith mich Freem  Rep equity case abridge the husband during the coverture be answerable for the  whole debt of the wife though he have nothing with her and on the other hand  though he have receive a personal estate with his wife yet if he happen not to  be sue for her debt during the coverture he will not be liable afterward per  Parker c Trin in the case of the earl of thomond and the earl of Suffolk will  Rep
altmans case cut a trench in a field to carry ok the water be not waste waste  by altman be assign in dig a ditch in a certain field the defendant plead not  waste fact and it be find by special verdict that the defendant make the  trench to carry off the water by which the field be improve and not injure and  it be say for the plaintiff by mead that this matter shall have be plead in  bar but by the opinion of the court it be not any waste the letter of  administration of the plaintiff be revoke put darrein continuanGe judgement if  they ought to proceed to the take of the inquest and good by Walmsley and  gandy but Anderson and Beamond e contra that he shall say judgement si actto  and so be diverse precedent send quaere vin ab pl Orig ti direct dyer b er p
alvuin v Eaglesfield the follow action for wage and damage be take from many  which occur during the seventeenth and eighteenth century ad et assignation  book that January robertus alvuin recently sailor ship cujusdam vocataee the  Elizabeth contra a certain Radulphum Eaglesfield recently instructress the  same
alvuin versus tailor trover in trover and conversion of diverse quarter of  malt the case upon the evidence be that the defendant have a great quantity of  malt in a vessel empower one alein report er p smith a broker to sell it and  afterward the defendant himself sell it to a stranger and the same day and  before notice of the sale by the defendant smith sell it to the plaintiff  alein report wonder oh demand it of the defendant who deny to deliver it and  the case be doubtful to roll for if the defendant sale shall stand against the  sale of smith before notice of the first sale then shall he be Chargeable for  his bargain which he can not perform without any default in he and on the  other side it be hard that the sale of the owner who have the absolute  property in the good shall be defeat by a subsequent sale of he that have but  a bare authority but in conclusion he declare his opinion that the sale of the  defendant shall stand good and the broker ought in such case to make his sale  conditional if the master have not sell it before but he say that neither the  broker nor his vendor shall be liable to any action for detain the good though  demand without notice give of the sale by the master et part concordaveru
always vers broom S C Lutw plead Lutw Fate to break in pieces and rescous a  may be join adjudge Trin will c b Thel dig lib cap S a note they be join in  the same count
am against master Friday fever ante executor Jones pro plaintiff Cr judgement  against one executor be good enough and to this Keeling Ch just agree the  cause of action be say to arise within the jurisdiction so in demand of  conusance it need not be allege infra jurisdict but adjornatur
am and COWLY lieu in ejectment of land call Bantford farm in the parish of  Blandford forum in county of Dorset on the demise of Roger not guilty be plead  and a verdict general for the plaintiff in b r enter hill car the second part  rot as cite which be affirm in error and it appear only by the report that the  evidence at bar for the defendant be by a fine c of land in Blandford forum  which be intend of the land only in the will and not of Bandford farm which be  in the parish and not in the will Keble er p
amble versus jones hill Ann c b ante remainder to the right heir of I S void  the particular estate determine in the life of I S legal sense of the word to  be take if the contrary not plain imply cro car vide wms t r Hodgson and  Ambrose Doug ante upon a special verdict in ejectment the case be that Anthony  gull be seize in fee and devise to his daughter for life after that to a the  old son of his daughter and his heir and for want of such heir remainder to  the right heir of I S and it be agree that I S be alive when the remainder  after limit be to commence that that remainder be therefore utter void by this  event whatever it be in its creation second that the common and legal  construction of word shall be take where it do not appear from a necessary or  plain implication that the intent of the devisor be otherwise and therefore  that the limitation to a and his heir be a fee Salkeld er p simple and not a  estatetail for he may mean for want of heir general and there be nothing that  plain show he mean otherwise and that by consequence the remainder to the  right heir of I S be void in its creation vide cro car cro James
ambler case anonymous deposition suppress on account that the whole be write  down in the exact form of it by the attorney before it be take see shaw v  Lindsey Ves beam Ord Ch Parkinson v Ingram Ves S c ken I motion to suppress a  deposition take before commissioner because the attorney for plaintiff have  write down the whole in the exact form of the deposition before it be take and  though it appear that the witness have tell he the fact and circumstance  mention in it yet his lordship say it will be of dangerous tendency to permit  it to be read for in deposition it be material to state the evidence as give  by the witness in this case the attorney have methodize and word it and be  therefore no more than a affidavit he say at law a witness be allow to refresh  his memory by note as to date and name because there be nothing to guide the  memory as to they but he never know a court of law admit the whole evidence to  be give from write do v Perkins t r tanner v tailor ib east hedge case Howell  saint Tr see Howell saint Tr there be no certain rule how far evidence may be  admit from note some judge have think and he be he say incline the same way  that the witness may speak from note which be take at the time of the  transaction in question but not if they be write afterward burrow v Martin  Campb deposition suppress note accord to the note of this case in Lord Kenyons  report it appear that the motion be make on the certificate of the  commissioner before who the deposition be take state the fact and that as  publication have not pass leave be give to reexamine the witness ambler er p
ambler case duchess of buck against sheffield that July defendant enrol decree  after abatement and hold regular the proceed in this case be full state from  Lord hardwicke notebook west Cas tempt ld Ch hard p see why pract Reg new  pract Clapham v Phillips finch contra Yeavele v Yeavele Charles Rep see Labyne  v alley ib No entry in l r
ambler case ex part lion in chancery April place of Jew broker not saleable  under commission of bankruptcy see ex part butler ante and note there on  petition for sale of the place of Jew broker in the city of London under a  commission of bankruptcy it appear that they be twelve in number and licence  by the court of alderman but Lord Hardwicke c hold that they be not to be  consider as place or office but at large as other common broker be and say it  be very different from the late case of the under marshal which be sell by the  city upon a vacancy and be a know office therefore deny the petition the  editor have search through the orderbooks in bankruptcy for the year and but  have be unable to meet with any entry under the above title or with any entry  of a order similar to that in the text
ambler case ex part smith in chancery that June infant trustee within stat  whether be tenant in tail of the estate order to suffer a recovery lib Reg b  foe on reference to the master to see whether a infant be a trustee within the  stat whether the master report he be and that in order to make a conveyance it  be necessary he shall suffer a common recovery and he state the title by which  it appear that the infant take a estate tail in the trust premise under the  will of the survive trustee not by a particular description but by general  word of all his estate Mr jewel move that the infant may be order to suffer a  common recovery but Lord chancellor doubt of the propriety of such order the  motion be direct to stand over and precedent be to be search on the next day  it be move again and two precedent have be leave with his lordship over night  he make the like order he express his doubt whether it can bedone without a  privy seal see ex part bow atk where the same doubt be ex press by Lord  Hardwicke the stat of whether c be repeal by stat Geo c which last act empower  infant trustee to convey by the direction of the court of chancery exchequer c  such direction to be obtain upon petition Q why a privy seal shall be  necessary the word of the statute empower a infant trustee to convey general  without specify any mode of conveyance and a common recovery be a conveyance
ambler case ex part thomas may reference for maintenance without suit when  first introduce lib Reg b fol a petition to confirm master report of  maintenance and for cost Lord chancellor doubt whether he can order the cost  for the reference be make without any suit bring which he say be a new method  first introduce by sir Joseph Jekyl and since frequent practice see Mellish v  dam Costa atk ex part Mountford Ves ex part Myerscough I W butler v freeman  post but that it will be go much further to order cost of which he know no  instance ex part salt bro and ex part Whitfield bro c c edition by belt state  from Lord Colchesters note Mr Wilbraham cite a precedent ex part Whitfield but  as he have not the particular time and circumstance of that case Lord  chancellor direct the precedent to be produce to the register and thereupon he  be to draw the order in the present case that the guardian shall be allow the  cost in his account order that the report be confirm and it be further order  that the master do tax the cost of this and the former application and that  such cost be allow to the say guardian upon his account lib Reg
ambler case Fitzhugh against lee rule for examination of witness de bene be  dispense with on account of party live in Virginia see Roth v Verelet dick  Shelley v Ves see dicher v power dick lib Reg a foe motion by Mr caldecot to  take the examination de bene be of a survive witness to a will and a affidavit  be read that the party concern all live in Virginia and that Mr Oliver Martin  the survive witness be upward of sixty year old and great afflict with the  gravel Lord Hardwicke c the affidavit be not quite full the rule be that the  witness must be seventy year old but the party live in Virginia be a  favourable circumstance for it will be long before they can be serve with  process and possible when they be may not pay regard to it when the witness be  above seventy the order for leave to examine de bene be be of course row v Ves  and the motion may in such case be make before appearance Pritchard v gee mad  motion grant
ambler case Kirkpatrick and Thrupp against love party in his examination may  charge and discharge himself in the same sentence but not in different  sentence Talbot v Rutledge ad idem about the same time before Lord chancellor  that October evidence plaintiff have deal with the defendant in the way of  merchandise and there be a decree for a general account and both side to be  examine on interrogatory plaintiff on their examination admit the receipt of a  parcel of satin from defendant and in the same sentence Thrupp swear he have  pay the defendant for they the master refuse to charge plaintiff with the  satin defendant take the general exception which be argue this day and insist  that plaintiff ought to have prove the avoidance as he have confess the  receipt of the satin but the court overrule the objection as plaintiff charge  and discharge themselves in the same sentence otherwise it have be if the  discharge or avoidance have be in a distinct sentence see blunt v barrow bro c  c S c Ves jun ridgway v Darwin Ves Thompson v lamb Ves Robinson v Scotney Ves  boardman v Jackson ball Bea a executor charge by his answer can discharge  himself by affidavit of sum pay to the testator ridgway v Darwin ub sup the  editor have not be able to meet with any entry of the order make in this case  upon argue the exception in lib Reg a foe there be a order for the exception  to be set down for hear and in lib Reg a foe there be a order to revive the  cause in which mention be make that the exception have be hear
ambler case lancaster against Thornton order to appoint a new prochein any in  the room of the decease prochein any lib Reg b foe a S c dick at the roll that  may on petition bill by a infant and after decree prochein any die the  defendant petition that the plaintiff may name a new prochein any within ten  day or on default that it may be refer to a master to appoint a proper person  his honour have scruple upon the occasion a precedent be lie before he of  ludolph v Saxby that march where Lord Hardwicke upon the like application by  the defendant order without direct a attendance upon the petition that upon  the plaintiff clerk in court have four day notice the master shall appoint a  new prochein any upon read this precedent his honour direct a attendance in  court and upon the petition come on and the precedent be produce make the like  order countess of Shelburne c against Lord inchiquin the like order be ambler  er p make by sir Thomas jewel on the precedent of ludolph v Saxby without  order a attendance the prochein any die before decree the petition pray that  on default the petitioner may be at liberty to name a proper person and not  for a reference to the master and it be order that the plaintiff on or before  the first day of the next term shall procure a person to be appoint his next  friend in the room of he or in default thereof that the defendant be at  liberty to set up or name a proper person as his next friend see Brady v  Sanford Maddock where after the decree a order of reference to the master to  appoint a new next friend be make on motion of the defendant
ambler case Lord FAULCONBERG against pierce that Jan if on issue direct the  judge certify that the weight of evidence be against the verdict court will  order a new trial if a verdict be not against evidence a court of law can  grant a new trial but a court of equity will for the verdict must satisfy the  conscience of the court No entry in l r two issue direct out of chancery  relative to the right of tow vessel on the river Tees both find for plaintiff  at law and the judge certify he be satisfy with the verdict on the first issue  but as to the second though there be evidence for the plaintiff yet he think  the weight of evidence be for the defendant Lord Hardwick I chancellor direct  the second issue to be try again and say this court in that respect will go  further than court of law can for if a verdict be not against evidence as this  be not court of law can grant a new trial but court of equity will in order to  have justice do for the verdict must be such as will satisfy the conscience of  this court see Richard v synes atk Fawkes v chadd dick ex part Kensington coop  OConnor v cook Ves Cleeve v gascoine post Ves earl Darlington v bow Eden  Pemberton v Pemberton Ves
ambler case Massey against Sherman Michaelmas devise not doubt but she will  give c be a trust Vernon v Vernon saint Nov the case there cite Amb lib Reg b  foe devise of copyhold to his wife in fee not doubt but that my wife will  dispose of the same to and among my child as she shall please hold a trust for  the child as she shall appoint in the follow case the word be hold to raise a  trust or bequest by implication in mason v Limbury cite ante p Harding v Glyn  atk Ves ambler er p under the word desireIn nowlan v Helligan bro c c Pierson  v Garnett bro c c under the word request in Malin v Keighle Ves Jun Tibbits v  Tibbits James Horwood v west S S recommend brown v Higgs Ves ib Ves authorize  and empower birch v wade v b and see Tibbets v Tibbets Ves Jacob Forbes v ball  Merrie will and desire with power of selection Cruwys v colman Ves desire with  power of selection prevost v clark mad entreat with power of selection the  above case will be find collect and state more full in roper on legacy et seq  see Clifton v lombe the precede case for the case where such recommendation  have be hold not to raise a trust see Cunliffe v Cunliffe post and note for  the general doctrine in case where the testator use recommendatory word see  Vernon v Vernon Amb note the testator devise all his freehold and copyhold  estate to his wife her heir and assign to hold to her her heir and assign for  ever be well assure she will at her decease dispose of the say land among all  or such of my child as she in her discretion shall think most proper and as  they by their future conduct towards her shall be deserve of the same provide  if my say wife shall not continue a widow then the devise to her and her heir  shall be void and then devise in such case over
ambler case pool against Fitzgerald insurance on a cruise for three month the  sailor mutiny and bring the ship into port the insurance be not due S c post  in exchequer Chamber may the ship be insure on a cruise in the late war for  three month but before the time expire the sailor mutiny and bring the ship to  port in England query whether the insurance be forfeit the court of king bench  give judgement that it be forfeit but on error in the exchequer chamber all  the judge and baron there be of opinion to reverse the judgement which be  deliver by will chief justice of the court of common bench because it be to be  consider as a insurance on the ship and not on the cruise and they distinguish  the present case from that of pond v king in the latter case the ship insure  have be take by the enemy and after be three day in their possession be retake  but in the present case the ship never be take this judgement affirm in the  house of lord post ambler er p
ambler l downing against townsend ante page at the hear that July the cause be  order to stand over to the that of July next that the defendant Bagnall and  mary his wife may declare whether they think fit to insist upon the paper  write of that January as a testamentary act and to institute any proceed in  the ecclesiastical court to prove it as such or whether they insist on it as a  declaration of trust of a actual gift in the lifetime of the say testator and  if the say defendant shall elect to proceed to establish it in the  ecclesiastical court as a testamentary act and it shall be there determine  against they that be to be without prejudice to their insist upon any right  that they may claim under it as such declaration of trust the cause come on on  the that of July the defendant elect to proceed in the ecclesiastical court on  the term of the last mention order and accord institute a suit in the  prerogative court and prove the paper write as a testamentary act see the  judgement of Lord Hardwicke on the second hear ante h Amb
ambler Q green against simons Feb money and plate will pass under a bequest of  good and movable in my study except book but choose in action will not bequest  of use of cattle grain and stock confer absolute interest in they removal of  book from chamber be a ademption of a bequest of all my book in my chamber No  entry S c bro c in note Lord chancellor the testator by his will give to ball  his good and movable whatsoever in his study other than his book and write he  also give to b the use of all his cattle grain and stock on his farm the  testator also give to c all his book at his chamber in the temple it happen at  the testator death there be in his study pound in ready money plate jewel  pound receipt for south sea annuity and some India stock India bind to the  amount of pound and upward the testator also before his death remove all his  book out of his study in the temple and carry they into the country where they  be at his death and there be three question in this cause saint whether b  shall take the furniture of the study only or the money plate and security for  money or what part thereof by virtue of the devise of the good and movable in  his study dly whether b shall have the use of the cattle grain and stock or  the absolute property in they dly if the removal of the book destroy c s  legacy as to the first question his lordship decree the money and plate to  pass but not the security for money be choose in action dly that Barnardiston  the use of grain cattle and stock amount to a absolute devise they be good to  pass away dly that the removal of the book annul c s legacy for that a will as  to personalty shall be construe only from the death of the testator Kelly v  powlet Amb dean of Christchurch v barrow Amb see note to fish v Hopkins Amb  Barnardiston er p Barnardiston chancery report report of case determine in the  high court OF chancery from April to may by thomas Barnardiston SerjeantatLaw  Barnardiston de boundary paschae in curian porter
ambrose and roe Indebitatus assumpsit for for fee as attorney in such and such  suit to visit other need c move in arrest of judgement that to visit need be  too general overrule and that pro need have be hold good and then he move that  the action lie not for that the retainer by the defendant be for the plaintiff  to be attorney for a three person and for that cite Cr the court do not  overrule the book but take this difference that where one retain a attorney  Skinner for a and promise he his fee indebitatus assumpsit lie against the  person retain upon this express promise but where there be no express promise  the law will not create one but yet if the attorney in a action sur case  declare for so much due pro need and give big solicit c in evidence it will be  good per cur adjornat and next day after consider car they be of opinion the  plaintiff ought to have big judgement and say that the case put by serj roll  in the case of sand and Trevilian be not answer and seem to question the  authority of that case if one declare in indebitatus assumpsit for so much lie  out to big use and it appear in evidence to be lie out upon retainer per to  ward off to solicit for I S it will be well enough upon a promise by the  defendant to pay Skinner er p
ambrose vers clendon at guildhall though a bind be take for a simple contract  debt yet if it be after a act of bankruptcy the simple contract be not  extinguish Cas tempt hard S c in this case it be rule as in Toms v Mitton hill  Geo ante that if the debt of the petition creditor appear to be contract after  the act of bankruptcy it can be no ground for a commission but where a have l  owe on simple contract before a act of bankruptcy and one be afterward secret  commit and then a bind take it shall not so far extinguish the simple contract  as to deprive the creditor of petition for a commission vide Blandford all v  foot Cowp
ambrose versus Whittingham ejectment de mine charcoal sans show the number  error upon a judgement in ejection strong pro mine charcoal in Durham not show  how many Comberbach pro quer ejectment lie not pro minor carbon general for it  be uncertain own palmer S case more SC roll sty cro   pro to ward off it will  have be good de miner sans question as to mine one I may go through a whole  manor but when there be several shaft they be call several i so that if the  ejectment have be bring pro miner probable he will have recover but one shaft  such ejectment pro mine have be usual bring in Durham we have copy of the  record and judgement thereupon Comberbach er p Ch I to stick fast it be hard  to maintain a ejectment of a I but that be settle here i may be take for all  the i in the parish yet the judgement be affirm
amby con gower f devise that executor shall sell land c they do not sell  decree that the heir shall join in the sale for payment of debt the bill be  that the plaintiff be creditor and executor to creditor of Robert walker to  have land sell accord to the will of the say Robert walker for satisfaction of  their debt the word of the say will be my will and mind be and I do hereby  authorize that my executor shall sell my Woodlands and wood thereupon grow  call barn to any person or person whatsoever and their heir and assign for  ever for the best value with convenient speed as may be and with the money to  pay all my just and due debt the question be whether the executor of the say  Robert walker have not sell the say land accord to the direction of the say  will the heir of the say Robert shall be decree to sell the same this court  with the assistance of the judge and read of precedent declare that they be of  opinion that the plaintiff ought to be relieve and that the chancery report  say land and wood thereon grow ought to be dispose of and sell and that the  heir of the say Robert join in the sale thereof for the payment of the debt  and decree accord
AmcM against AmCOTS issue on a dilatory plea try by jury be peremptory SC raym  side keb Q Danv h f ante error of a judgement on a formedon in remainder where  the tenant plead infancy and that the remainder descend to he and pray his age  the demandant plead that the remainder do not descend to he issue join and  find for the demandant and judgement final and that assign for error argue by  sergeant Newdigate that there ought to be a to answer ouster he agree that  general on a issue upon a dilatory plea judgement final ought to be give but  that infant be not to be within this rule and he cite many authority of the  privilege of infant but none that come up to this case to who Jones answer the  law be general and if he will have infant except he shall show a precedent  thereof l e the law be general upon any issue join but see Fitzherbert issue  age a issue join on infancy try by inspection and a to answer ouster but in  all case when the issue be upon a dilatory and try per pais the judgement be  peremptory otherwise it be in all case where it be try by demurrer except it  be in one only and that be in the case of a demurrer upon evidence where it be  peremptory because no to answer ouster can be because the party be at the end  of their plead l e e and the reason why judgement be peremptory on a issue try  per pais be for that the delay be great and that issue of fact lie in the  cognizance of the party but issue of law not and the whole court be of opinion  that the judgement ought to be final and affirm the judgement in c b except  cause show c
AMCOCK and ENNOVER vide before this matter come on in the paper again sergeant  eyres appear for the plaintiff and no body be on the other side judgement be  give for he unless cause on Saturday
AMCOURT for elever mich Geo two b r assumpsit condition precedent in assumpsit  the plaintiff declare that the defendant in consideration the plaintiff have  promise to assign he a lease he the defendant in consideration thereof promise  to pay c the defendant plead that the plaintiff have not assign c and to this  the plaintiff demurrer the question be if the assignment on part of the  plaintiff be not a condition precedent to the payment of the money by the  defendant vide Lutw Thorpe versus Thorpe roll sand Hunlock versus Blacklowe  stand over
amendment a recovery be have by Arthur mill against sir Owen Hopton of diverse  land twelve year pass and by the negligence of the attorney no warrant of  attorney be enter for he and now suit be make to the justice that it may be  enter and they all consent thereunto and so it be enter incontinent but first  the party make a corporal oath that he have retain a attorney and that this be  the negligence of his attorney
amendment another writ of error be there bring by the Lord Seymour against sir  John Clifton upon a judgement give against he and assign for error that the  judge Gouldsborough er p mean be quod recupere versus Edward Seymour and do  not say predict Edward Seymour and all the justice agree that this be amenable  and so the first judgement be affirm
amendment Broughton against flood the original writ be return by Needham  esquire sheriff and his Christian name leave out William move the court to  have the Christian name of the sheriff put into the writ but the court deny it  because the record be make up and likewise by this mean they shall make a  outlawry good which be now erroneous Gouldsborough er p Gouldsborough report  venue in a advowry the defendant say that locus in quo c be parcel of the  manor of date and avow for suit of court the plaintiff by replication say that  locus in quo c be parcel of the manor of sale and make to himself a title absq  hoc that it be parcel of the manor of dale and the venire facias be of dale  only and upon motion all the court adjudge that it ought to have be of both  manor and make a rule for stay of judgement after verdict this be the case of  atwood of the middletemple prohibition it be say by Anderson and Owen that a  prohibition will not lie after a sentence in the spiritual court and that if  the libel be for such a matter as may be determine in the spiritual court no  prohibition will lie unless some plea be plead by the defendant in that court  which the judge will not allow for if a suit be in the court of admiralty upon  a contract make upon the sea and the defendant plead a release or a gift after  the come to land that court may inquire and try this issue the like for tithe  Richard
amendment Harecourt bring a writ of error upon a judgement give in the  commonplace and assign for error for that the judgement be that the now  defendant shall recover xxl assess to he per jur nec non forty assess to he  hic per jur where it ought to be per cur Yelverton pray that it may be amend  for that the record in the commonplace be right and the misprision which make  this error be in the clerk which certify the record and the opinion of the  court be that if it be so it shall be amend and therefore they say they will  have the record it self bring out of the commonplace thither to be view  whether it be so or not worry clerk the justice of the commonplace will not  suffer the record to be bring Popham that be no new precedent that the record  shall be bring hither for I have see it do before this time but after in truth  the justice of the commonplace will not send their record into the kingsbench  and therefore cook the queen attorney pray that it may be amend Gouldsborough  report Popham it may not be amend for that I have speak with the justice of  the common place and they say that the record be at the first as it be certify  videlicet iur pro car and after the record be certify it be amend by a clerk  without any warrant cook albeit that it be so yet under correction it be  amendable for it be the misprission but of a clerk and that of a letter only  videlicet of I for this letter c for the word be write jur short where it  ought to have be cur and so amendable by the statute of Henry curia contra for  it be parcel of the judgement and you never see the judgement of the court  amend for which it can be amend here
amendment Shuttelworth move the court and show that one Brokesby bad bring a  quare hinder against the bishop of Lincoln and other and the writ be svan  observe donation and this word ad be omit and he pray the court that it may be  amend and be cite Henry where it be imaginavit and it shall have be imagine to  be and Henry where the testae be omit and the court take time of advisement  and at length by the opinion of all the justice it be amendable and then a  clerk Gouldsborough report of the chancery come into the court of the common  plea and amend it bylaw in a avowry for a amercement in a leet a prescription  be make for make of bylawes and Peryam say that every bylaw ought to be make  for the common benefit of the inhabitant and not for the private commodity of  any particular man as I S only or the lord only as if a bylaw be make that  none shall put in his beast into the commonfield before such a day this be  good but if a bylaw be make that they shall not carry hay upon the land of the  lord or break the hedge of I S this be not good because it do not respect the  common benefit of all and Windham say that some book be that they shall bind  no more than such as agree to they
amers v leg demurrer in case the plaintiffis excommunicate order to answer  show a absolution the defendant demurrer because the plaintiff be  excommunicate the plaintiff after obtain letter of absolution and show the  same in court therefore order the same to be allow and that the defendant put  in a perfect answer and pay the charge of process of contempt which issue out  against he be discharge thereof Amers plaintiff leg defendant year Elizabeth  Mews dig title ecclesiastical law XXV practice and procedure in ecclesiastical  matter writ de excommunicate to take in hand c a Cf Tichborne v Edward tooth
Amersham against FAIRFAX ante slander Lindley pray judgement in action sur  case on hut contra to hut roll Rep bowyer be case adjudge call h bankrupt that  be say to get his live by buy and sell be actionable albeit no certain trade  be mention it be say he be a bankrupt which after verdict be of sufficient  intendment without say de to express grief but it be say that I S merchant and  do not say he be a merchant at the speak of the word Adjornatur
Amersham against FAIRFAX Tuesday June ante slander in action sur case by a  title merchant and count that he gain diverse sum of money by bargain which  per curian after verdict be sufficient without positive averment that he  actual exercise the trade of a merchant it be say that the defendant intend to  disgrace the plaintiff say and do not say de to express grief that he be a  bankrupt which per curian be ill for it must be aver the word be de to express  grief unless he have say the plaintiff be a bankrupt or have name he before so  green case Cr or else as ancient there must be colloquium of the plaintiff but  albeit the first word be general yet it be lie that at the same time he say  Emerson be a bankrupt which per curian after verdict be certain enough  Adjornatur Wales William pray a prohibition on Cr Sheves case in bill in the  march for a battery to which the court incline but adjornatur
amery against smith trinity geo motion to stay proceed find on a defect in the  affidavit file with the filazer by virtue whereof defendant appearance be  enter by plaintiff secundum to cause to stand without produce any affidavit of  defendant the deponent in filazers affidavit swear that he serve a copy of the  writ annex to his affidavit but say nothing about notice and the notice  subscribe to say writ be not direct to defendant as require per stat and blank  be leave for the day and year of appearance rule absolute to stay proceed  draper for defendant Skinner for plaintiff
amey and garlic easter geo this action be bring against the defendant as a  unmarried woman she and her husband plead in the follow manner to wit and S h  and a his wife late the say a garlic and introduce the plea with the marriage  and then say that the say a non assumpsit plaintiff sign judgement as if there  have be no plea in the cause which be set aside upon hear counsel on both side  chapel for plaintiff Belfield for defendant
amias and CHAPLEIN the case on the plead to a avowry be thus a seize of the  place where c and other land grant to the plaintiff per and in fee out of the  other land with clause of distress and after sell the land charge to the  defendant and to free they from this encumbrance grant a rend of per and out  of the place where c to commence from the time that a distress for the shall  be take in the land charge and show how that at such a day a distress be take  and therefore c in bar of the avowry they come and traverse without hoc that  Skinner any distress be take for rend arrear c to this they demurrer special  for that it be a complicate traverse whereas it shall be a point single and  that riens arrere c and of this opinion be the court and order judgement nisi  they replead and pay cost
AMIERS against chamber c tithe modern pl march pl in Dism Br march pl sergeant  turner pray prohibition to in suit for tithe of turf and per curian it be  grant in regard this be part of the freehold as lime chalk gravel c and tithe  be not due also there be several person libel against in which case per curian  they must have prohibition several especial the suggestion be but for one
amiss versus Cowley ejectment in a ejection strong of land in Blandford forum  upon not guilty plead between John Roger and the Lord rich who marry his  brother widow I the case fall out to be thus the land in question be call  Nutford farm and lie in the tithing of Rushton within the parish of Blanford  forum but not within the borough of Blandford forum r be seize of that farm  and of other land within the borough covenant to levy a fine of both to  certain use and the deed of covenant describe the land to be in the parish of  Blandford forum the borough and tithing be both within the parish and accord a  fine be levy of land in Blandford forum general not name it a ville or parish  but the number of acre be sufficient to pass all the land ritbin the borough  and parish and whether a averment may be take by the deed that the fine be  intend of land within the parish for otherwise the fine must be take as of  land within the ville only be a question direct by Bacon and roll to be find  special if the alein report verdict pass upon that point and in this case it  be a question upon the evidence whether the receive of rend by he that have a  reversion upon a estate for life make a possession brother and the opinion of  the court incline that it do not and the queare in the institute cap be  mention by roll alein report er p alein report case at nisi prius in guildhall  London before hen roll justice de banc king term trin car
among merchant it be look upon as a allowance of a account current if the  merchant who receive it do not object against it in a second or three post per  Hutchins ld Commiss in the case of Sherman and Sherman mich vern cap III  affidavit a where a affidavit be necessary e content b where a affidavit may  be say to be full and sufficient and what shall be allow thereon a where a  affidavit be necessary e content if a bill be exhibit ground on the loss of a  bind per ld king as it be the loss which entitle the court to jurisdiction of  the Cause affidavit must be make of it Trin car anon Chan can
AMPCOTS against AMPCOTS ante cost Jones pray cost in error of a judgement on h  cap in formedon as in debt on Edward the plaintiff have no cost but if the  judgement be affirm in error he shall which the court agree and award cost  Windham absent
AMPCOTS against AMPCOTS ante Monday may error wile allege variance between the  original certify on diminution allege which be formedon per breve Oliveri  protect and the record of the writ of error here be of a record in formedon  per breve Richard protect et in nullo be erratum be plead the court have no  record before they and though there may be another original yet because the  defendant have not allege diminution the court have no sufficient commission  to reverse this judgement say curian contra for have there be no original the  court will have proceed to reverse the judgement though it be before any  statute of Jeoffails and will not abate the writ of error for this cause  judgement affirm
ampson against Stockburn ux a bring debt against two upon a obligation of the  wife dumb sola to be and they plead non be factum of the wife and the issue be  find against they and by Noy er p Popham be only in the court that the capias  shall be only against the wife see e e to the contrary note by Popham and  William that a executor in his own wrong shall be sue for legacy as well as  the lawful executor but Yelverton doubt it
AMYON Vers shore at any time etian in trespass ill in assault it be once well  lie but then go on with a at any time etian and lie another assault there be  entire damage and it be move in arrest of judgement that the last assault be  strange not positive charge but only by way of recital lee contra will have  have the court construe at any time as moreover but they say it have be always  take only as a recital in these declaration so the judgement be arrest Rudge v  Onon fort smith v Reynolds and S p the proceed in this case be by bill vide  will and see how to get over it Po if they have be by original the declaration  will have be make good by the recital of the original writ Douglas and hall  will barn warren v Lapdon barn white v shaw will Bateman and foul barn b r
Ancaster v mayor equity case abridge er so notwithstanding the testator charge  a term with payment of his debt a leasehold estate mortgage by the testator  ancestor shall bear the burden of such mortgage Ancaster v mayor bro Chan can
and Alleyn hill banc sup whether a return good out of the county palatine of  Chester a certiorari be direct to the county palatine of Chester to remove a  cause into this court they make a special retorno videlicet that they have  jurisdiction of the cause and that therefore they be not to certifle it  sergeant Glyn argue that this return be not good for this court have  jurisdiction over all the court in England in writ mandatory ass h and a Act  of parliament do not take away the power of this court if it run not in the  negative but in writ style report er p remedial it be not so general as it be  in this case the cause may be well enough try here notwithstanding it be  concern a matter which arise in the county palatine as the statute Edward c be  that it appear that the mayor and citizen of Chester be party and so they will  try their own cause and this appear by the record and this they ought not to  do h f lib ass e f James c banc and smith and Hancocks case car banc Reg roll  chief justice answer if the cause be come to trial this be good cause to  remove it but it be not so here and it appear not by the return that the  matter of the suit do arise within the jurisdiction of the city what say you  to that for they have not show any cause why they shall have jurisdiction  therefore let they show cause before that end of thelterm upon notice why they  shall not make a better return roll say the action may be well bring there  although they can try it there for the original be good
and ash versus lady ash false imprisonment assault battery and false  imprisonment the lady ash pretend that her daughter the plaintiff be trouble  in mind and bring a apothecary to give her physic and they bind her and will  have compel her to take physic she be confine but about two or three hour and  the jury give her l damage sir Barth shower move for a new trial for the  excessiveness of the damage holt Ch I the jury be very shy of give a reason of  their verdict think they have a absolute despotic power but I do rectify that  mistake for the jury be to try cause with Comberbach the assistance of the  judge and ought to give reason when require that if they go upon any mistake  they may be set right and a new trial be grant notam rookbi I say obiter that  he have know some thing give in evidence under the word all irregular which be  ugly and not fit to be mention in a declaration
and clatch payment debt on obligation of l the defendant plead that condition  be to pay a less sum by a day and that before the day be pay in satisfaction  which per curian be a ill plea have not demand oyer of the condition the  plaintiff reply demand oyer that the condition be to pay a less sum by a day  and the defendant demurrer without show that the money be pay at the day which  per curian be ill and judgement must be against the plaintiff say adjornatur
and crouch mich two W case W hale move upon affidavit to have he discharge  upon the late Act of parliament for disband the army whereby soldier be exempt  from suit for three year holt c j we can order common bail but he must  discharge himself of the action by plead the Act c and the plaintiff may  traverse his allegation and so be the rule holt KB spiritual court
and for default of such issue I give the remainder of my say estate to the  heir male of the body of I l lawful beget e l happen to be live at the time of  the remainder take place yet the heir apparent shall take e l be in the  original may Darbison and Beaumond vin Abr pl
and FRENELY S case poor S settlement bastardy she be remove by two justice  from Orpington to Chevening thence by two justice to Bromlev and she voluntary  return d to Orpington and there bear a bastardchild note it be not say in the  first order that the two be justice holt Ch I it shall be say that they be  justice and quorum One though the quorum be often omit for it be a Comberbach  special authority out of session this say she come to settle contrary to law  but they shall state the fact not the law for ex facto law be born if there be  any fraud in convey a woman to bear a child in any parish yet the child may be  send with its mother to the place of last settlement the case be refer d to  the judge of assize
and Harrison Thursday February church sergeant Hards pray prohibition in suit  against executor of Hassell rector of Cherriton for dilapidation be pardon by  car cap that except only suit c and the spiritual court refuse the plea hale  chief justice say the statute pardon only contempt and excommengements as for  non payment of tithe but the right of tithe be not discharge so of utlary in  personal action be of particular interest and prohibition be deny
and Hodges Trin banc sum p error to reverse a judgement give in a action upon  the statute of Elizabeth a writ of error be bring to reverse a judgement rive  in the town of newberry in a action upon the statute of Elizabeth bring by a  informer for use a trade not have serve a apprenticeship therein and two error  be assign that the action ought not to be bring in a inferior court but must  be bring in one of the court at Westminster that the venire be not good for it  be only proaceptum be and do not say per curian as it ought to be roll chief  Justiceo the action ought not to be bring there but it ought to be bring in  some of the court here and the second be a good exception also therefore  reversetur nisi c
and Jervis S case poor S settlement a ill order though confirm d on appeal not  make good two justice order her to be remove to Weston in the county of  Somerset be the place of her last settlement as they be credible inform but  upon a appeal upon hear both side the order be confirm which per holt supply  that defect and credible inform may be that way which the law appoint  videlicet by examination of witness but at another day he say they may be  inform so at a alehouse and therefore he hold the order ill but by consent it  be refer d to the judge of assize upon the merit
and Le gay mich banc sup for a time to account before auditor the court be  inform that in a action of account bring there be a verdict that the defendant  shall account before auditor and that auditor be assign and the party be now  before the auditor and thereupon it be move on the defendant part that this  court will grant he time to account for the reason allege but wile answer that  it be not proper to move here for the auditor be now judge of the matter and  may give time if they see cause to which Glyn chief justice agree and say the  auditor be judge by the statute and therefore move before they and trouble not  we with it style report er p
and long mich car banc Reg arrest of judgement in a action for word the  plaintiff bring a action upon the case for these word speak of he long be a  murderer and have bewitch my child and be the death of my child and obteins a  verdict the defendant move in style report arrest of judgement and take these  exception to the declaration that it be not say that the child be bewitch to  death that it do not express whether the child bewitch be bear alive or not to  this the court say that the bewitch of the child be felony though it do not  die by it and to the second exception that the court do not take notice of a  child if it be deadborn and they will intend it be bear alive and roll justice  say that these word thou do kill my master cook have be adjudge actionable  although the plaintiff do not aver that his master have a cook therefore let  the plaintiff take his judgement if better matter be not show Saturday next
and lowth mich banc sum p arrest of judgement in a action upon a assumpsit a  action upon the case be bring upon diverse assumpsits and a verdict give for  the plaintiff it be move in arrest of judgement that the jury have give more  damage than be lie in the declaration whereas it be but a miscasting in the  queen a in toto moisten roll chief justice say that the miscasting be nothing  if the damage give by the jury be not more than the plaintiff have lie in his  declaration and therefore let he have his judgement
and osborne mich reipub Aug banc super arrest of judgement in a action upon  the case issue the plaintiff bring a action upon the case upon two several  promise the defendant plead non assumpsit and upon this a issue be join and a  verdict find for the plaintiff the defendant move in arrest of judgement and  for cause show that there be no issue join as to the second promise allege for  he do not conclude with petit quod to seek after per atriam and yet there be a  verdict find upon both the promise the judgement be arrest till the other  shall move
and part hill banc sup Trin rot covenant upon a indenture page bring a action  of covenant u on a covenant contain in a indenture of a demise for year for  the not pay the rend reserve by the indenture accord to the covenant the  defendant plead in bar that the plaintiff enter into part of the land demise  before the rend due for which the action be bring and so have suspend his rend  the plaintiff reply the defendant do reenter and so be style report er p  possess as in his former estate and to this replication the defendant demurrer  and for cause he show that here wag do confession and avoidance or traverse of  the plea in bar roll chief justice have you show that he continue in  possession until the rend grow due for you ought to show that he enter and be  possess until after the rentday but here you have only say that he be possess  in his former right therefore nil to take in hand per billam nisi
and phil mark Benlowes sergeant move this case a man seize of land and  tenement in London devise they by these word I will and bequeathe unto my wife  Alice my livelihood in London for term of her life by this will the land in  London pass to the wife by this word livelihood notam for brook justice say  that it be in ancient time use in diverse place of this realm and have be take  for a inheritance to which dyer agree
and smith how far the court can proceed in a summary method against a attorney  sergeant urlin move that the defendant attorney may show cause why he do not  deliver up which be deliver he as a indemnity against all damage Barnardiston  king b er p that he may suffer by become bail the plaintiff have give the  defendant a general release and yet the attorney refuse to deliver up the  money the court say they do not see how a rule can be make upon he to do this  because in this respect he do not act as a attorney however a rule be make  upon he to show cause why he shall not consent
and that this dead man three be not at all under the control of the custom  agree as a undoubted rule Trin Walsam and Skinner vide wilcocks v wilcocks  vern S p vide ante c pl Eq can Abr
and the court incline to hold further that if such bind creditor will lie by  have notice of the decree and advertisement in the gazette notwithstanding  every one be in many case oblige to take notice of a Lis to hang and after  such lie by shall bring his action against the executor or administrator of  the obligor though at law the latter may not be able to defend himself yet his  honour think that at in this case a equity will arise in favour of such  executor or administrator and of the simple contract creditor to compel the  bind creditor to come in and accept of a proportion of his debt rateable with  the simple contract creditor but however equity case abridge er p strong his  honour incline to be of this opinion he say it be no part of his judgement  nevertheless he declare he shall always do his utmost to extend the rule of  distribute equitable asset among all creditor see vern shepherd and ken ibidem  in SC the reporter say that this resolution be communicate to he by his honour  himself ibidem
and the hundred OF CRONDON mich banc sup Lrrest of judgement in a action upon  the statute of hue and cry case statute a action of trespass upon the case be  bring against the hundred of Crondon in Hampshire upon the stat of Winchester  by one that be rob within the hundred upon the trial a verdict pass for the  plaintiff it be move on the behalf of the hundred in arrest of judgement that  the plaintiff have mistake big action for whereas he have bring a general  action of trespass upon the case he ought to have bring a action upon the  statute that he declare that be take his oath before I S a justice of peace in  the county whereas it shall be for the county that he have not express that he  take his oath before a justice assign to keep the peace that there be no issue  join that he say that be take his oath day but do not say next before as the  statute direct Windham on the other side answer to the first exception that it  be usual of latter time to declare in a action upon the case general to the  second he say it be no exception for a justice of peace be not a officer affix  to a place sergeant Twisden but it do not appear that you take your oath day  before your original sue out Glyn chief justice that appear well enough upon  the record but the writ here be in a action upon the case general yet he  declare in a action upon the case upon the statute which be not all one and so  the declaration vary from the writ for a action upon the case upon the statute  be a extraordinary action upon the case but I believe it be well enough  notwithstanding it be after a verdict and not be a material variance but a  bare recital therefore let the plaintiff take his judgement
and the sheriff OF London Trin banc sup move that the defendant may plead  special a action upon the case be bring against the sheriff of London for not  return a become facias the defendant plead not guilty and a jury be return to  try the issue and after the defendant file the return of the to know facias  Wadham Windham move that the defendant may waive their general plea of not  guilty and may plead special videlicet that they have execute the writ roll  chief justice you have plead already and it be in our power whether we will  suffer you to alter your plea or not and we will not do it without the  plaintiff will consent therefore make the best of that plea you have plead  upon your tridl
and though a purchaser or mortgagee may buy in a encumbrance or lie hold on  any plank to protect himself yet he shall not protect himself by the take a  con equity case abridge er p veyance from a trustee after he have notice of  the trust for by take such conveyance he become the trustee himself vide  sander v Dehew vern equity case abridge g where a person who come TO redeem  must do equity TO the mortgagee before he will e admit if a mortgagor borrow  more money of the mortgagee upon bind where the heir be bind and die the heir  of the mortgagor shall not redeem without pay the BondDebt as well as that  secure by the mortgage because when the condition be break so that the term or  interest become absolute in the mortgagee if the heir of the mortgagor will  have equity he must do equity by the payment of the whole money due to the  mortgagee and this be call a rebutter but if the bill be exhibit by the  mortgagee to foreclose there if the heir of the mortgagor tender principal and  cost it suffice without tender of the money due on the bind because such bind  be not original any Lien on the land itself and if that be tender for which  the land be original pledge there be no reason to debar the heir of his right  of redemption Anonymous Chan can Windhams v Jennings Chan Rep Shuttleworth v  Laycock vern tailor v Beversham Chan can
anderson plaintiff arundel defendant in ejection strong after notguilty plead  and in another term the defendant pray in aid of the king lessee for year of  his duchylands in trust for the queen as part of her jointure and as baily to  they and it be deny by the court and the chief baron hold that in personal  action aid do not lie of a common person till after issue join upon the right  of the matter but not upon the general issue because it do not appear to the  court whether the right will come in question or no and if it do not there be  no cause of aid nor can aid be pray in another term after imparlance because  there it be ad to answer and after such a imparlance take no aid lie but in  real action aid prayer of a common person lie before issue join because there  the title of he in reversion or remainder appear by the plea for without show  it he can draw his plea but for the king immediate tenant or for his mediate  tenant that join with his immediate tenant aid lie in a personal action as  well before as after issue join but not for the king mediate tenant that do  not join with his immediate tenant and it be a good counterplea to a aidprier  to say that he claim under the same title and in affirmance of it so a writ of  ring not consulted do not lie but when it appear clear to the court that the  party title be in disaffirmance of the king vide r h c
anderson vers Coxeter what be a good ground to set aside award and to what  award the statute extend per curian the that and that W c which limit the time  of complain against award to the last day of next term Freame v Pinneger Cowp  Zachary v shepherd term Rep extend not to such as be make in pursuance of a  rule of nisi prius but only where the submission be by obligation and nothing  be a ground within that statute for we to set aside a award but manifest  corruption in the arbitrator we will not unravel the matter and examine into  the justice and reasonableness of what be award Hutchins v Hutchins and
anderson versus walker Lutw custom to pay for baptism and burial triable at  law all offer which be due to the vicar for sacrament marriage and burial and  Payable to he by the law and custom of the realm be confirm by the statute  Edward but then such custom must be try in the temporal court therefore where  the curate of Bridlington libel against t S for not pay a shilling for baptise  his child set forth in his libel a custom in the say parish for every parent  so to do c the defendant suggest for a prohibition that by law no man ought to  pay for baptise his child c against his will that custom and prescription be  proper triable at law and that the curate c have libel against he c set forth  the custom as aforesaid and a prohibition be grant cap
Andrew harding plaintiff John HARDRETT and whether his wife defendant plea  that the defendant be purchaser without notice the bill be to redeem a  mortgage make by the plaintiff to one Dickenson who be father to the first  husband of the now defendant whether Hardrett and which come by assignment to  her say husband who make her executrix and die and in this bill the plaintiff  suggest that the estate mortgage be a term of year of some report tempt finch  er p house from the city of London lease by they for year that the money lend  be pound and that his wife have some interest in the say lease consent that  the same may be renew which be afterward do for year and assign to the say  Dickenson who agree to execute a reconveyance thereof c the defendant whether  plead that she be a purchaser and legatee of the premise without any notice of  such agreement and that in consideration of a marriage to he have between her  and the other defendant John Hardrett and his undertake to pay her debt she by  deed date Feb do grant and assign the original lease and all her estate in the  premise to certain person in trust to permit the say John Hardrett to receive  the rend and profit thereof c that the say marriage do take effect and  thereupon the defendant claim the premise as a absolute estate not have before  execute the say deed any notice of a promise or agreement make by Dickenson to  reconvey c the court decree that it appear the plea be true the defendant be  in nature of purchaser without notice and therefore this plea be allow but  that the defendant shall give the plaintiff at his charge a Copy of this deed  of trust if require
Andrew Newport S case pasch W m skin a mortgage make by Kendal by diverse mean  assignment vest in Newport executor of secretary Coventry it be object first  that it do not appear that any money be pay upon the original mortgage and  therefore it be fraudulent and it be fraudulent in the creation though  secretary Coventry pay a valuable consideration yet this will not purge the  fraud and make it good against the defendant who be a purchaser good fide and  for a valuable consideration non allocatur for holt CJ say the first mortgage  be good between the party and be so when the first mortgagee assign for a  valuable consideration this be all one as if the first mortgage have be upon a  valuable consideration for now the second mortgagee stand in his place and  therefore be in the proviso of the statute Elizabeth cap that no mortgage good  fide and upon good consideration shall be impeach by force of this Act but it  holt KB shall stand in such force as before the Act make and if this proviso  do not extend to the case to what case shall it extend
andrews against cromwell Intr p Elizabeth b r rot the see fac t Elizabeth b r  rot a writ of error be bring upon a recovery in a ass and among other thing  this be assign for error because the writ of error be direct to the chief  justice of the c b because error in process nec non in red judgment of a  assize of novel seize arraign before the justice of assize in think over quod  in person thou to sit back without show by who the judgement be give neither  how it come into the common bench and yet by Tanfield that it be good by all  the justice that the writ be ill we dyer h where it be before special  commissioner that have not a clark of assize
andrews against hutton Hutton farmer of a manor Andrews and other churchwarden  libel against he for a tax for the reparation of the church henden move for a  prohibition because that first the libel be upon a custom that the land shall  be charge for reparation which custom ought to be try at the commonlaw and  second he say that the custom of that place be that house and arable land  shall be tax only for the reparation of the church and meadow and pasture  shall be charge with other tax but the whole court on the contrary first that  hetley although a libel be by a custom yet the other land shall be  dischargeable by the commonlaw but the usage be to allege a custom and also  that house be Chargeable to the reparation of the church as well as land and  three that a custom to discharge some land be not good wherefore a prohibition  be grant
andrews against lakin in trover the plaintiff p James upon the imparlance roll  be declare of a featherbed and t James be declare of a feather and flock take  and upon the general issue it be find for the plaintiff and damage give and  walmsly and Daniell only in court that the plaintiff shall not have judgement  for the writ be general and demand nothing in certain but the declaration upon  the imparlance roll be the original and warrant of the second declaration so  that the addition of the flock take be ill and the damage be entire give and  for that the plaintiff shall not have judgement
andrews against tanner condition in a action of covenant to perform article  which be that the plaintiff shall hold and enjoy land free from all title and  encumbrance and for breach the plaintiff show b die seize and that his wife  have title to dower to which the plaintiff demurrer and per curian this  covenant go to the land and there can be no difference between a covenant to  discharge the land of all title and that the defendant shall hold the land so  discharge judgement for the plaintiff nisi Keble er p
andrews against the hundred OF LEWKNER in a action upon the statute of hue and  cry upon a robbery the plaintiff conclude contra form to cause to stand and  resolve that it be good and that ball refer to the statute e and that  Elizabeth S but restrictive and for the better direction in such case Noy er p  in debt against baron and feme as executrix c they plead payment by the  testator and upon issue it be find against they and judgement quod recupere  debt is owed de good testator and the cost and damage c and if not then the  cost and damage de good not common with others Noy and in error it be hold to  be a good judgement although a feme covert can have good in his own eight yet  she may have they as executrix and so judgement affirm note by Yelverton and  William nullo to say no upon the motion of Mr clark that if a be lessee for  life the remainder to b in tail and a praecipe be bring against b if be happen  to have a surrender of the lessee for life at a time before the recovery that  then it shall be a good recovery and the precipe be now make good that be in  the case of a commonrecovery and et to many intent the judgement shall relate  to the first day of the term but a fiction do not destroy a lawful thing h a  bring a praecipe against b for Bl acre b purchase Bl acre now b can plead  nontenure otherwise if Bl acre have descend to b hang the action h e a b
andrews against web it be agree by the court that the court of chancery may be  by prescription as the county palatine and the mayor court of London which be  call the mark court because the mayor may mark any cause in the sheriff court  before judgement although it be after verdict and may examine it but by cook  chief justice the court of chancery or equity can be by grant of the king  because it take its birthright from the subject and that he have see the grant  of the county palatine of Chester to Hugh de Lupus who be the first earl of  Chester after the Conquest to hold it tam freely per sword how king kingdom  England per crown yet the chancery may he before that by prescription and he  say that the dignity before the Conquest be not patrimonial to descend which  Doderidge the king sergeant affirm and he say that he have see charter before  the Conquest with the addition of duke and earl and in our principal case a  procedendo be grant to the mayor court
andrews and dingley how far the court will quash a special capias sergeant  darnel move that a special capias may be quash for the cause of action appear  upon the face of the writ to be after the testae and likewise for the writ be  sign by Mr Ventris whereas it ought to have be sign by the filazer as the  action be commence by original the court say that they think the second clear  a objection and as to the first they say there must be a method of take  advantage of it so make a rule to show cause vide post
andrews and dingley vide ante this matter come on again the court declare that  the quash a writ be a matter mere of favour and as to the first objection they  think it not sufficient to induce they to quash the capias in the present case  because it be agree on both side that the party be not arrest upon it till  after the cause of action and far they observe that writ take out in a  vacation be constant test of the precedent term they say therefore that the  only method of take advantage of this fault if there be any must be upon oyer  and there it be necessary that the party must appear though it must be a  special appearance only whereas in the present motion it be necessary that he  shall not as to the second objection they say it receive this answer that the  writ be mark with the stamp of the filazer and that be the only material thing  accord the court discharge the rule
andrews and Richard when a attorney be present at the time of execute a  warrant of attorney to confess a judgement how far such warrant of attorney  shall be good Mr Kettleby move that a judgement may be set aside that be enter  up Barnardiston king b er p upon a warrant of attorney one reason for this  motion be that the letter of attorney be obtain from the defendant when he be  drink the other that he be under a arrest when he execute this letter of  attorney and yet no attorney of the court be present for the defendant upon  the execution of it but only one for the plaintiff the court say they do not  think either of these reason sufficient to set aside the judgement as there be  a attorney present for the late rule have be not to set they Barnardiston king  b aside where there be any attorney present and judge Reynolds say it be not  material whether he be a swear attorney or not nay it have be allow to be good  if he be even clerk to one but the chief justice say in Lord prats time the  rule be that the defendant shall have actual a attorney concern for he present  however the court make a rule upon the plaintiff attorney to attend
andrews and rous baron pe Indebitatus by the plaintiff wife not say  administratrix or executrix of the former husband on consideration that the  plaintiff will assist the defendant in discovery of debt of the defendant  brother Jeoferies on Cr march and Culpeper pray judgement per curian though  the defendant be not show to be administratrix yet the plaintiff be at trouble  in assistance and judgement for the plaintiff
andrews and spicer bankrupt in debt on obligation the defendant plead that  before the action bring the plaintiff become a bankrupt to which the plaintiff  demurrer per curian its a Keble er p ill plea and until a assignment be make  the debtor be defenceless and therefore hanson and hale payment before  commission sue out be good enough and so it be before his debt be assign and  judgement for the plaintiff
andrews and Symson ante Monday October church sergeant Baldwin show cause  against a prohibition to the arch in suit for fee of sepulture in ship church  four noble of a parishioner a stranger four mark or he that procure he in  saint Leonard walbrook for which the parish allege custom and upon this matter  be remediless elsewhere a prohibition be deny in c b and albeit nothing before  Edward saint p de circumspect to put in motion be cognoscibile by the  SpiritualCourt but matrimony and testament yet at commonlaw none be buriable  but in the churchyard and that they be bury in the church be the charge of the  parishioner to repair and so as on h cap of a mortuary the suit be proper in  the SpiritualCourt so for a pension f n b b party have election at least there  be no remedy for the churchwarden at the commonlaw Symson for the plaintiff  that the custom be deny and plead below which be not so in c b and therefore  deny and no fee be due to the churchwarden at commonlaw therefore what be  custom be only triable at commonlaw in case of tithe be so here send per  curian the churchwarden may sue for a tax for repair of the church so they may  here and though this be no suit by the person who have a original right where  on denial of custom sue for a prohibition lie yet there be no remedy at  commonlaw for the modus but the SpiritualCourt have a jurisdiction of  sepulture the parishioner must sue there but on denial of the custom a  prohibition nisi and suit by wile justice have be here by the parishioner of  Westminster for for bury in the abbey and wile advice a bill in parliament for  cost for the plaintiff and the defendant in prohibition be not worth the  charge of the parish to try post pl
andrews and Symson ante pl church the court agree that no prohibition lie  looking back jurisdiction in suit for burial fee but looking back triationis  it do after a issue offer there upon the prescription and so resolve at Oxford  term mich in a case propound by the Lord Bridgman chief justice of c b on a  modus sue for of iron oar as tithe where issue be on the prescription its  triable at commonlaw and if find for the modus the ecclesiastical court may  proceed if not stet prohibition and so where ever their course and we differ  prohibition lie where they do not they may proceed for they have some  prescription of other of other of year and one prescription between party  present another between party absent but we in all case be temps doubt c so  bind of the parish though incident plea Keble er p be triable at commonlaw and  here the reparation of the church be not direct in question and a prohibition  grant
Andrews anderson against winter plea of bankruptcy of the plaintiff must  conclude to the country error of a judgement in a action of wherein the  defendant below have plead that the plaintiff become bankrupt c and he  conclude with a general averment and it be now object by Mr Bicknell for the  plaintiff in error that this be wrong for that the defendant shall have  conclude to the country and be cite Lupton and Atkinson hill g in c b rot  where this objection be hold fatal and chapel just mention two other case  where the same point be determine accord and no counsel appear on the other  side the judgement be reverse S p mile v William I p wms Mod pale yellow Rep b  r where bankruptcy of the defendant be plead so Gery Bayley full Binge fort  pool Broadfield barn quaver the correctness of the report of the principal  case that the plea be of the plaintiff bankruptcy
andrews HARBORN mich car rot to know facias to know facias be bring in  Middlesex upon a recognizance take before justice reeve at his chamber at  sergeant inn in London and judgement give in c b and alein report er p upon a  writ of error bring in this court it be move that it ought to have be bring in  London where the recognizance be take for though the to know facias must be  ground upon a record and the recognizance be no record till it be enter yet  after it be enter it become a record by relation from the time of the  recognizance and hall and Winkfields case hob be cite and the case be much  debate and roll Bacon absent say that the most ancient and proper course be to  bring the to know facias where the recognizance be take but be show in his  hand a certificate of all the Protboriotaries of the c b that of latter time  they have allow it the one uva or the other and so the judgement be affirm and  pasch James rot b r between Polting and Fairebank the like judgement be alein  report give upon a recognizance take before one of the judge of this court in  London and a to know facias bring in Middlesex but it be say that the usual  entry in this court be to express before what judge it be take but no place  where and then it may be bring in Middlesex without question
Andrews holiday against burgess a attorney defendant may change the venue to  Middlesex this be a mistake the plaintiff be clerk of assize original lie the  venue in Middlesex and bring it back thither after it have be change knight  Farnaby salk burr SC burr motion by Mr York at the instance of the defendant  to change the venue in a action on a note of band from London to Middlesex  because the defendant be a attorney and mention in the record to be feel or  perceive beforehand in curian and this be a transitory action and lee c j cite  Wigley and Morgan a stram burr a Trin g in this court which be a action for a  malicious prosecution and it be move to change the venue from Surre to  Middlesex because the defendant be a attorney and grant accord and in that  case bishop and burgess hill g be cite where the like rule be grant because  the defendant be a attorney page just say that in the case of the clerk of  assize of the Norfolk circuit in Lord holt time in which he be counsel the  venue be change to Norfolk because the defendant as clerk of assize be oblige  to attend there and per probin just the like rule be grant in the case of a  counsel and chapel just say that where a attorney be plaintiff wherever he lie  the venue it shall not be change I the principal case the motion be therefore  grant it have be since settle that a attorney defendant have no privilege to  change the venue to Middlesex see pope Redfearne burr and the case there cite
Andrews hutchins against hutchins the court will not set aside a award for  defect appear thereon but only for fraud or corruption in the arbitrator post  W c motion by Mr ford to set aside a award because it appear on the face of it  not to be final or mutual and for other defect appear on the award and he  argue that the court exercise a discretionary power in grant attachment for  not comply with award as where a action be bring on a award the court have  refuse a attachment and yet there be no exception in the statute and in the  case of Cowell and Walters a Cowell v Walter Kely barn a about three or four  year since a attachment be refuse because it appear that the arbitrator have  choose a umpire after the time appoint and if a award be null as this appear  to be it fall within the intent of the Act which as appear from the case  before mention ought to receive a equitable construction but per curian a  award can be set aside unless it be for fraud or corruption in the arbitrator  because to these case only the statute extend to which point page just cite  Hardess and morris and thou c j say be remember this distinction to be make by  Mr justice Powell that the court will not set aside a award for defect appear  on the face of it but this be a good reason against grant a attachment for  refuse to perform it the motion be therefore deny
Andrews more against wicker ante this case be now stir up again by Mr Filmer  for the plaintiff in error and no one appear on the other side the judgement  be reverse and the court say there be a very strong objection in the case but  they do not intimate what be the objection
Andrews Redway against pool Writ of inquiry amend by make the return agreeable  to the award of it ante motion by sergeant draper to amend a writ of inquiry  by alter the return and make ft conformable to the award thereof upon the roll  and be argue that there be no such return as be mention in this writ and here  be something to award by and be cite salk Hanimond and Gatliffe hill g in king  b and Hugh and Alvarez there cite on the other side it be urge by Mr denison  that this be a void return no day be give to the party but notwithstanding  this objection the court give leave to amend on payment of cost
Andrews TEDLOE against Dickenson and other what be hackney coach within Ann ch  case for money have and receive to the plaintiff use and upon the trial which  be before Lord Hardwicke then c I of this court the plaintiff obtain a verdict  subject to the opinion of the court and a case be direct to be make by consent  which be thus the plaintiff be licence to keep a hackney coach and have and  use a hackney coach licence for stand and ply in the street and have other  coach and horse not use for stand and ply in the street but for accommodate  person you particular contract he let to hire one of the last mention coach to  a b for carry he from place to place within the bill of mortality for one day  without a figure and for this he be convict by the commissioner for bold  hackney coach and the money for which this action be bring be levy by the  defendant under the conviction the single question hereupon be whether the  coach let to a b as aforesaid be such a one as fall within the statute of Ann  c and after argument by Mr Bootle for the plaintiff and sir Thomas Abney for  the defendant the court be clear of opinion that this case fall within the  general view and aim of the say Act which be principal to be regard as appear  by salk and it be also within the word thereof for a hackney coach within this  statute be one let for hire within the bill of mortality and here the coach be  let for a time for which a particular rate be fix by the Act that the statute  of I geo c extend only to coach attend upon funeral and so lee c j say it be  determine in the king and bet a Trin geo and therefore this Act do not affect  the present case Andrews the verdict be therefore now set aside and the court  refuse to hear the case further argue though warm press by the plaintiff  counsel quaere whether this be a proper form of action to try this question  and see London v Hooper Cowp Feltman terry cite Cowp term Rep b r bullers n p  a Lord raym
Andrews the inhabitant OF Henningham and Finchingfield if the session refer a  case conditional to the next judge of assize they must continue the appeal by  adjournment to a future session else they can take it up again SC ante burr SC  this case be now stir again by Mr Baldwin and argue on the other side by  sergeant price and the court be clear of opinion that the second order of  session be not good because in it there be no judgement but it be only a  narrative of fact and a reference to the judge of assize and the conclusion be  that if the judge shall be of opinion c then c so that it be mere conditional  the order of session be therefore quash and the justice order confirm
Andrews the king against mayor judgement on a indictment for want of a plea  can be set aside Semb king v hunter will S p motion by Mr Ketelby to set aside  a judgement upon a indictment of perjury which be sign by surprise for want of  a plea the defendant now offer to go immediate to trial and to submit to any  term the court shall think reasonable but the court say they do not remember  any instance of set aside a judgement on a indictment and that they will not  do it unless a precedent can be reduce and as chapel just say this differ from  civil action because there it may require time to consider of andform a proper  plea whereas here the defendant can only plead not guilty afterward upon  another day this term Ketelby say that he have search in the crownoffice and  find that this have be do for which he cite the king and leper Trin g which be  a indictment for battery false imprisonment and extortion and a rule be there  make upon the motion of Mr Eyre that the judgement against the defendant be  set aside upon payment of cost and go to trial the sit after term but this  rule appear to have be make in the last day of a term and without any precede  rule for show cause the court say that it must have be make by consent and  they order the case to be further inquire into wherefore the principal case be  adjourn
Andrews the king against paulet one claim the benefit of the Act of pardon geo  c ought to do it by suggestion on the record a application on behalf of a  creditor to have he turn over to another prison be improper Andrews er p which  impose the penalty of for such a offence and he be now bring up by habeas  corpus it be move by Mr Ketelby on the behalf of one dennet a creditor of the  defendant that the defendant may be turn over to the Marshalsea he be pardon  by the statute of g c on the other side it be argue by attorneygeneral rider  and solicitor general Murray that the defendant be in custody at the suit of  the crown he ought not to be turn over to another prison at the instance of a  private person for debt and so it be determine in boises case beside this be  not the regular way for the defendant to take advantage of the Act suppose he  be pardon thereby which they say he be not but on the contrary it be direct to  be by plead and the whole court be clear of opinion that this be not a proper  method of take advantage of the Act but it ought to be by suggestion on the  record that the crown may be at liberty to traverse it and therefore they deny  the motion lee c j also say that he be not satisfy that a person in custody  for the crown can be turn over to another prison and there be a case where it  be hold be can N B this matter be first move last term and the court then  refuse for the same reason as be now give to grant any rule
Andrews the king against Piercy a conviction find only on the evidence of the  person entitle to the benefit of it quash Andrews er p action be find only on  the evidence of the person who seize the horse which be insufficient as he be  to take the benefit thereof and the word of the Act be till the person seize  shall make proof upon oath of the offence c and he cite the king and moor a  mich geo where a information be pray against a justice of peace for refuse a  precept upon this statute and the court be of opinion that be act right  because the person who seize be the same who inform a rule to show cause be  now grant and afterward this term it be make absolute without any opposition  and page just say that this be a clear objection and it bath be often  determine that the evidence only of the person seize be insufficient a Cas  tempt Hardw S p king Tilly stram king Collins cite Cas t Hardw king v Blaney  post king stone ld ray contra Jenint Hankeys Mod
Andrews the king against sharp a information grant for publish a affidavit  state that a affidavit charge bastardy upon the defendant be swear before a  certain justice of peace name by his contrivance and without its be read to  the person swear it information grant though the defendant deny his have  confess the publication as be allege in the opposite affidavit he not deny the  fact itself motion by solicitor general strange for a information against the  defendant for publish in one of the newspaper a affidavit by a woman of  bastardy upon the defendant swear before sir William billers alderman of  London and also another affidavit by the same woman before another justice  wherein it be charge that she swear the former by the contrivance of sir  William billers without its have be Andrews er p read to her and this motion  be find on a affidavit only of one person that the defendant confess to he the  publication of the say affidavit on the other side it be swear by the  defendant that he never confess the publication but he do not deny the fact  itself the whole court be clear of opinion that the publication of these  affidavit though no scandalous reflection be make upon the case be punishable  especial as they tend high to defame a magistrate and therefore though it be  strong object to the motion by Mr Lloyd and Mr denison that the confession  upon which alone it be find be absolute deny yet as the publication itself be  not deny the information be grant
Andrews the king against the inhabitant OF key or wray order of removal quash  it not appear thereon that one of the justice be of the quorum ante a order of  removal make by two justice be now quash because it do not appear that one of  they be of the quorum the word of the order be both justice name in the second  assignment and the court say they can not take judicial notice what be the  meaning of these word hereupon it be pray by sergeant Hussey who argue in  support of the order that the order may be amend here or remand for that  purpose but as the point to be amend be matter of fact and there be nothing to  amend by it be refuse
Andrews the king against the inhabitant OF Middlesex ante this case be now  argue again by sir Thomas Abney in support of the order and by Mr Lloyd  against it and the single point now speak to be all the other objection to the  order have be overrule whether it be necessary upon the statute of h c and Ann  sess c for the jury to present by who the bridge ought to be repair this order  only mention that it be present to be a public bridge out of repair Andrews er  p mean of a grand jury so that the only matter necessary to be present be that  it be a public bridge within the county and out of repair which be absolute  necessary to be show in the order when it be doubtful who ought to repair the  advice give by Lord coke in Inst be certain very good that a inquiry ought to  be make by the grand jury the rest of the court be of the same opinion and  therefore the order be affirm ex relation of one another
Andrews v Craddock equity case abridge er vern but salk shelberry v Briggs et  ux vern where the plaintiff bill be to have the payment of the legacy devise  to he by a will of which the defendant wife be executrix the defendant answer  witness be examine and publication pass then the husband die and it be hold by  the court that there be no abatement and that the wife shall be bind by the  answer and deposition though it may be otherwise he demand have be of the wife  be inheritance a bill can be file in the name of a feme covert without her  consent vide Mitford on the plead in chancery d Edward and Andrews v Cradock  Prec in Chan there cite to a bill lead against a marry woman her husband also  must be make a party unless he be a exile or have abjure the realm vide  Mitford on the plead in chancery d Edward
andrews versus Craddock Nov I g in court bill by prochein any without the  infant consent see Abr Eq vern in this case it hold by the counsel and agree  to by the court that any one may bring a bill as prochein any to a infant  without his consent because it be at his Peril he bring it and he be to be  answerable for the event but none can bring a bill in the name of a feme  covert as her prochein any without her consent and if such bill be bring upon  her affidavit of the matter the bill will be dismiss
Andrews versus Delahay a attorney of the common plea hill James rotulo a bill  file against the defendant as a attorney upon two bill Obligatory for payment  of money and one of the bill be not Payable and due at the time of exhibit the  bill and the defendant plead to issue and the cause receive a trial and a  verdict for the plaintiff and afterward the defendant in arrest of judgement  move that one of the bill be not Payable at the time of exhibit the bill  against he and thereupon the plaintiff remit his damage and have judgement for  the bill that be due Brownlow goldsborough er p Brownlow goldsborough lessee  of the vicar glebeland shall pay tithe notam
andrews versus franklin to pay within two month after a ship be pay off be  good in a promissory note case upon a promissory note to pay within two month  after such a ship be pay off and count upon the statute Branthwaite sergeant  insist that this be not negotiable it be upon a contingency which may never  happen Forr Mod a Jocelyn v Laserre hill Ann rot in b r upon a writ of error  be a bill to pay out of the drawer grow subsistence and that be hold not to be  negotiable as a bill of exchange say per curian the pay off the ship be a  thing of a public nature and this be negotiable as a promissory note judgement  pro quer vide Evans v Underwood will
andrews versus Jernegan a can sa against the bail issue subsequent to  allowance of a writ of error will be set aside with cost stram Fitzgib pl  Barnard b r S c cite also east r upon a motion to set aside a can sa for  irregularity a writ of error have be previous allow strange e con that this  can sa be sue out in order to warrant commence a action against the bail upon  the recognizance and he admit that it be determine in Sweetapple and  goodfellow that a can sa to warrant a proceed by cognizant fa against the bail  must be set aside if subsequent to a writ of error but pray that it may be  without cost but court there be no reason to excuse you cost for it be your  irregularity have oblige they to apply to the court see Str will SC t r but  the writ of error do not prevent the plaintiff from proceed by to know facias  against the bail or by action of debt on the judgement against the principal  nor after the return of non be invention to a capias ad to give satisfaction  by to know facias or by action of debt on the recognizance against the bail in  such case however if it do not appear that the writ of error be bring for the  mere purpose of delay the court will stay the proceed upon term pen the writ  of error I Tid east r and as to pay cost on irregularity general see Tid edit
andrews versus Lynton Pas Ann B R ld raym S c original return by one not  sheriff be not assignable for error cro James roll Rep side keb irregularity  in the return must be complain of the same term holt S C Com dig plead b error  of a judgement by default in a action of trespass in c b the error assign be  that the person who return the original be not sheriff and Mr Raymond urge  that the return be not a ministerial act and that a averment lie against what  the sheriff do as a officer but not as a judge vide Yelv cro h h cro Ro lev Jo  et per holt c j saint if the sheriff do not return the writ it be irregular  and you shall have complain but that shall have be in time when a writ come in  the defendant have all the term to complain of irregularity and in that time  the sheriff may have have leave in c b to disavow the return but after the  term be slip and the writ be file and become a record it be then too late and  every one be estopped to say the sheriff do not return it but dly the  defendant in the principal case admit the original by appear and not challenge  the original as if a venire be return by one that be not sheriff this be not  assignable for error because he may have challenge the array for it at nisi  prius
andrews versus Lynton pasch Ann salk error of a judgement by default in  trespass in c b the error assign be that the person who return the original be  not sheriff it be urge that the holt KB return be not a ministerial act and  that a averment lie against what the sheriff do as a officer but not as a  judge vide Yelv cro h h cro roll lev Jo holt c j saint if the sheriff do not  return the writ it be irregular and you shall have complain but that shall  have be in time when a writ come in the defendant have all the term to  complain of irregularity and in that time the sheriff may have have leave in c  b to disavow the return but after the term be slip and the writ be file and  become a record this too late dly the defendant in the principal case admit  the original by appear and not challenge the original
Andrews versus robbins Trin a James the plaintiff bring debt upon a obligation  make to he as sheriff with a condition that the defendant shall appear and  crook say that the defendant have plead his appearance and have omit to  Brownlow goldsborough er p say as it appear by the court and it be hold a  gross fault but the record be peruse it appear to be otherwise for the case be  that the defendant be oblige to make a obligation to appear in the king bench  at a day prefix in the writ and that the defendant plead there be no day  prefix in the writ for his appearance and crook move that it be no plea for  the defendant be estopped to which the court agree that he be estopped and  William say that if a man be bind to pay a hundred pound that I S owe to he he  can plead that I S do not owe he a hundred pound and Tanfield say if it be to  pay all sum that I S owe he he conclude and so it be hold Elizabeth dyer and  the court command judgement to be enter for the plaintiff if no cause show to  the contrary such a day
andrews versus Showell attorney the case be the defendant give a warrant of  attornment to one to confess judgement in debt to the plaintiff by non sum  shape at eight a clock in the morning and at ten a clock before the judgement  sign by the secondary the defendant die and now the executor of the defendant  move to set aside this judgement but resolve it be well obtain it be for a  good debt quod notam Raymond sir t er p Raymond sir t term mich car b r sir  Robert foster chief justice sir Thomas mallet sit Thomas Twisden sir Wadham  Wyndham justice memorandum the last vacation sergeant Glanville who be the  king first sergeant die
andrews versus sir R0BERT clarke London custom attachment a bring a action of  debt on a bind against b in the court of the sheriff of London c be indebt to  b by bind a sue out a to know facias against c quare attach non c the  garnishee appear and imparls and afterward plead that the bind make by b to a  be make in such a county out of the jurisdiction of the sheriff court which  plea be refuse and a prohibition be move for in b r on a suggestion of this  matter shower for the prohibition where part of the cause of action arise  within the general jurisdiction of b r and part within a particular  jurisdiction there b r shall hold plea hob Thompson contra if a prohibition  shall be grant in this case it will destroy all foreign attachment also the  garnishee can t say he do not owe the money in London j a debt be a debt in  all place and the custom extend to it and it be call d foreign attachment  because the debt of any person although he life out of London may be attach  for the debt of another live in London to who he owe it holt Ch I the  garnishee can t plead to the jurisdiction after a imparlance and therefore  they have well refuse the plea to the jurisdiction for a imparlance be a  admission of the jurisdiction and a prohibition be deny
andrews versus sir robert clarke pasch W m Com a bring a action of debt on a  bind against b in the court of the sheriff of London c be indebt to b by bind  a sue out a to know facias against c quare attach non c the garnishee appear  and imparls and afterward plead that the bind make by b to a be make in such a  county out of the jurisdiction of the sheriff S court which plea be refuse and  a prohibition be move for in b r on a suggestion of this matter holt KB holt  c j the garnishee can plead to the jurisdiction after a imparlance and  therefore they have well refuse the plea to the jurisdiction for a imparlance  be a admission of the jurisdiction and a prohibition be deny holt KB er p
angel against Rolfe tithe see dell Br in Leas Br Cr Moi dyer b b Owen Brownl  hull pl roll pl in ejectment of tithe upon demise of I S not say by deed for  which cause after error bring here on judgement in c b after verdict Rotheron  pray for the plaintiff in the first judgement that it may be reverse which  Twisden doubt but per curian reverse
angel versus CLEYPOOL debt debt for the plaintiff obtain judgement by nothing  to say five year ago the defendant bring error in banc king and assign for  error no original and upon a certiorari the custos narrow places return no  original and after the plaintiff procure a original and upon enquiry in  chancery the master of the roll order that the writ shall be set aside and now  sergeant barrel move that the writ shall be set aside and take off the file  north chief justice the order of the master of the roll have not any authority  here for if the custos narrow places take it off the file he forfeit his  office Raymond sir t term mich car c b
anger v bet witness examine in this court no bill here depend dismiss and  suppress the Plaintiffcaused certain witness to be examine in this court  whereas there be no suit depend here but at the commonlaw order to be suppress  and never to be give in evidence against the defendant or any claim by or  under he anger plaintiff bet defendant year Elizabeth
anger versus brewer postea Ch justice Jones r before postea in a attachment  upon a prohibition the plaintiff declare that he proceed in the court  Christian after the prohibition deliver after judgement by nothing to say and  l damage give to the plaintiff it be move to stay judgement that there be no  place lie in the declaration where the defendant prosecute since the  prohibition deliver and so if issue have be take upon non prosecute to be post  deliberate short catalog whence shall the venue have come but it be make  appear to the court that in all the precedent of these kind of declaration  there be no place find mention of the proceed after delivery of the writ but  the place only express where the writ be deliver they thereupon overrule this  specious exception post
anger versus brower before Jones raym cro car roll ab lev a prohibition the  plaintiff declare upon a attachment that at such a day and place he deliver  the writ to the defendant and that he have prosecute the suit in the court  Christian since and upon judgement by nothing to say and upon a writ of  enquiry l damage be find and judgement give and a writ of error bring the  error assign be that the plaintiff have lie no venue where the sue be since  the writ deliver which be the cause of damage and not the delivery of the writ  so that place will not serve on the other side it be say that the precedent be  general this way but to that the court say that where those precedent be there  be no further proceed after judgement as there seldom be when there be  judgement by nothing to say but here they reverse it for this error before
ANGROME v ANGROME ejection strong bring against a witness to take away his  testimony stay Thomas Angrome as lessee of Laurence Angrome bring a ejection  strong against one Thomas Donwell and other which Thomas Donwell be one of the  principal witness for the plaintiff to produce to take away his testimony  therefore order if the suit at the commonlaw against the say Donwell be not  stay or withdraw that then this court will order a injunction for stay of the  defendant suit at commonlaw William Angrome plaintiff Laurence Angrome and  Thomas Angrome defendant year Elizabeth
ANISoN against stark Tr car rot jurisdiction in action on indebitatus infra  inferior jurisdict for ware sell and deliver not say where after judgement by  non sum shape assign for error that the sale be not say infrae jurisdict say  non allocatur per curian the indebitatus be create by law its that the  defendant per attornatum go for sale to say quod non be shape which per curian  be error so judgement quod recupere for recuperar to withhold be executory  error per curian and judgement reverse nisi
annison against perkin mich car rot error march pl in debt on bill of to be  pay at hyam predict which be out of the jurisdiction of the court of  Jernemutha be in the county of the city of n which by Allen be error the count  be upon payment general which per curian agree ill so entry of continuance not  say per curian so continuance be to the next court which be say hold Dec and  the entry be ad how indeed curian tent speech Dec Windham conceive the leave  out the place but a trick to hedge in jurisdiction judgement reverse
annison attorney versus Blofield parols a action on that case for word speak  of a attorney he set people together by the ear and further we shall have you  innuendo the plaintiff indict for a common barretor the word be actionable  notwithstanding box and barnaby case Rep foe the case of barratry roll Abridg  Trin car the king bench grant the good behaviour against a man for speak these  word of a counsellor your trade be to set man together by the ear dyer b Kemp  will within these two day be a bankrupt actionable dyer Mr hally be infect of  the robbery and murder late commit and do smell of the murder action lie to  say of a lawyer he be a daffadowndilly have be adjudge actionable and to say  of a merchant he have eat a spider Mr justice wile say be actionable but all  these must be with averment what the meaning be pasch car franklin and butler  case Hutton foe Blans case the consequence of these word be weighty for thus  all lawyer may be abuse Tirrell to say you will be a thief ere long be not  actionable wile it be one limb of a barretor to say he be a setter together by  the ear judgement pro to express grief carter term the number three trin car b  c
annuity give by a codicil though give to the same person that be pecuniary  legatee in the will and though of great value yet shall not be take to be a  satisfaction for the pecuniary legacy give by the will because the annuity be  not the same noble birth and the annuitant may die the next day after the  death of the testatrix and nothing be more uncertain than life consequent the  latter gift instead of be a bounty may be a prejudice if take to be in  satisfaction of the legacy by the will a codicil be part of the will and prove  as part thereof and the great pecuniary legacy give by the codicil to the same  person that be a pecuniary legatee in the will shall not be take to be a  satisfaction unless so express and it be as if both the legacy have be give by  the same will and in the present case it seem a circumstance tend to prove  that the testatrix intend additional bounty inasmuch as she after the make the  will and before her make the codicil have a additional estate come to her from  her equity case abridge mother per the master of the roll east master and  Harcourt master will Rep
anon a exception take against a witness e Mod Rep l side hob notam by Fleming  chief justice and the whole court in a trial at the bar where exception be  take against a witness to prove the execution of a deed of feoff b v livery of  seize where the case be a feoff in fee be make to the use of X S a two witness  be subscribe to prove the livery of seize afterward one of these witness have  a estate at will make unto he of part of this land and be be produce to  witness the execution of the feoff by livery seize be except against because  he be now a party interest in part of the land so his oath wonder S to make  his own estate good but notwithstanding this exception be disallow by the  whole court and that be may well be swear as a lawful witness to prove the  execute of a feoff by livery and seize this be in affirmance of the feoff and  accord by the rule of the court he be swear and his testimony receive and  allow of
anon mich geo I prisoner entitle to the poor box see the rule hill Geo two sec  a motion by Mr sergeant web on the behalf of three poor prisoner of the fleet  crave a allowance out of the poor box the Lord chief justice king declare that  those poor prisoner on make such oath as be usual and apply to he at his  chamber shall have a order for the allowance
anon note where a man may justify the take and detain of the good of another  without be a trespasser for so do note that if two man be at strife and  contention about a boat one of they put in coal into the boat be which have  the right and be the true owner of the boat carry away the boat with the coal  in it and keep it the question move unto the court be whether he may justify  this without be liable to a action of trespass for the same and whether he may  detain the coal until they be replevied from he William justice corn may be  distrain damage pheasant if one saddle my horse and then put he into his own  ground I may well come and take my horse away and keep the saddle and not be  liable to any action of trespass for so do and because be put his saddle upon  my horse I may well justify the keep of it till he bring his action for to  recover it and so it be if one load my cart with his corn or my boat with his  coal or the like I may very well take my cart and boat away and keep and  detain the good without be any trespasser for my this so do and I may very  well justify the detain of these good until he bring his action of detinue for  to recover they again from I the whole court agree in this clear and that the  party be not bind for to unload his cart or his boat and so the whole court do  adjudge that in this principal case the detainer of the coal be lawful and he  no trespasser hereby and that he may well detain the coal until the other  bring his replevin for to recover they and this be the opinion to the whole  court
anon rule to set aside a award before it be make a rule of court refuse on the  ground that until then it be not before the court strange move to set aside a  award as a have one before it be make a rule of court but it be refuse because  till it be make a rule of court it be not before the court
anon wright v wright November enrolment of decree vacate be do too quick  though strict regular S C Ves sen supplement motion to vacate the sign and  enrol the decree No caveat to prevent the enrolment have be enter with the  secretary for decree and injunction the proper officer the party by mistake  apply to the bolls chapel to enter a caveat which be not the proper place and  when he afterward go to the secretary for that purpose it be not till after it  have be tender to his lordship to be sign Lord chancellor dispatch and  expedition be certain to be commend but hat must be in a reasonable sense for  the sign and enrol decree be notwithstanding not encourage because the do it  tend to create great expense on the party if there be a small mistake c in the  decree occasion either a appeal to the lord or a bill of review especial in  decree for account for often in the course of the account some particular  direction necessary to do justice have be find out which can not appear before  upon which liberty have be grant to rehear which if the decree be sign and  enrol can be do and therefore sir Joseph Jekyl have say they ought not to be  too quick the court see the inconvenience of the quick sign of decree be the  reason of give liberty to the party to enter a caveat without give any reason  for it which will prevent the enrol for a month I never know great dispatch  than in the present case therefore though it be strict regular yet be so quick  it be within the reason of the commonlaw court set aside judgement every day  as on surprise although they be strict regular so may the be court especial  when it partly arise on the defendant mistake vide Ves sen Ves and Ves it must  therefore be vacate Reg lib b fol vesey senior er p
anonymous a account refer the master examine one witness three time to the  matter of account order the deposition be suppress post
anonymous a attorney be not bind to pay for the plea in a cause wherein he be  plaintiff upon a rule to show cause why the judgement sign shall not be set  aside for irregularity it appear that the judgement be sign because the  plaintiff who be a attorney refuse to pay for the plea the rule be make  absolute and by the CourtAn attorney be not oblige to pay for the plea in a  cause wherein he be himself plaintiff sayer anonymous a rule be make absolute  for a information against the parish officer of Cheltenham for forcible enter  a woman house and remove her son who be in of the small pox when the distemper  be almost at the height by which the son be much fright and before his death  which happen soon after the removal declare that if he shall die the removal  will be the cause of his death
anonymous a bind make to the l keeper upon a Commission of rebellion The  defendant have this day make his personal appearance in this court upon a  Commission of rebellion accord to this bind make to the right honourable the  Lord keeper in that behalf
anonymous a bind put in suit for not perform a award stay by injunction the  plaintiff and his father be bind to the defendant in five hundred pound to  stand to the award of sir James dyer knight and Lord chiefjustice who  arbitrate that the plaintiff who have the reversion caryi in fee and the  father who have the estate for life shall make such assurance as the defendant  shall reasonable devise caryi er p
anonymous a computation of time from the do of a act commence the instant the  act be do r send for ante and see the case there cite a computation from the  day on which the act be do not until the subsequent day a action be bring upon  a policy of insurance for insure the life of sir Robert Howard for one year  from the day of the date the policy be date September Lord Raymond er p and  sir Robert die the three of September at one of the clock in the morning and p  r holt chief justice a die act of giving exclude the day of the date but a  datum or a confectioner be from the act do and so commence the same day that  it be date or deliver see     light b also another distinction be take in this  policy where though he die upon the last day and the law make no fraction of a  day yet he be bind to insure the life of sir Robert for a whole year and the  year be not complete until the say day be expire it will be a breach yet holt  chief justice cite a case where a a be bear the three of September and the  second of September twentyone year after he make his will and it be hold a  good will because the court will not make a fraction of a day and consequent  be of the age of twentyone year he may devise his land sir Bartholomew shower  will have give Lord Raymond evidence that by the custom and in the  understanding of insurer policy begin the day that they bear date though they  be mention to begin from the day of the date but it be overrule this be at  guildhall upon a trial before holt chief justice this term ex relation mri  Jacob a S c cit post will
anonymous a defective traverse may be help by a general demurrer shower KB if  a traverse be ill sometime it be help by a general demurrer as if the plea be  good without it and the traverse be surplusage there help by a general  demurrer because there the party may traverse the inducement but the want of a  traverse per holt chief justice be not help by a general demurrer a smith v  coal sand a demurrer because making indistinct et caret form be a general  demurrer V roll Rep Bulst
anonymous a impropriators predecessor book admit as evidence of a mortuary due  post pl quaere if a book of lord of a manor be evidence of quit rend a bailiff  account of rend pay and allow in evidence upon a bill by a impropriate rector  for a mortuary the book of some of the predecessor impropriators be offer to  be read as evidence wherein be entry of payment of mortuaries but it be object  that although a parson book who be only tenant for life and there before not  suppose to enter any thing with partiality to his successor may be read yet  the book of a lie impropriator who have the inheritance ought not to be read  to this it be answer that the book of a lord of a manor who have the fee be  admit a evidence of quit rend say quaere if the bare entry of the lord of a  manor in his book be evidence though a bailiff account where it appear the  rend have be pay and allow in the account be admit as evidence per curian let  the book be read
anonymous a infant can sue by prochein any in a action who tam upon a motion  in arrest of judgement in a action who tam it appear that the action be for a  penalty give by one of the law for the preservation of the game and that the  plaintiff who be a infant sue by prochein any as a ground for arrest the  judgement it be say that by the Elizabeth c it be enact that every informer  upon any penal statute shall exhibit his suit in proper person and pursue the  same only by himself or by his attorney a rule be make to show cause why  judgement shall not be arrest which no cause be show be afterward make  absolute
anonymous a man be not to be permit to give in evidence a secret entrust to he  in confidence vide bull that Edward p in debt upon bind bring by I S sheriff  of the county of c the defendant plead that the say bind be acknowledge by I n  to the plaintiff for the office of undersheriff and that he be surety in the  say bind and then he plead the statute of Edward c against buy and sell office  c and upon the trial a be produce as a witness to give a account upon what  occasion this bind be acknowledge c and holt chief justice before who the  cause be try mich W m at the sit for Middlesex refuse to admit a to be a  witness because it appear that he be private entrust by both party to make the  bargain and to keep it secret and by he a trustee shall not be a witness in  order to betray the trust
anonymous a prisoner must sign the petition for a day rule before he go at  large a prisoner take on a escape warrant move to supersede it on produce a  day rule for that day but the court refuse a supersedeas because it appear he  go out early in the morning and do not sign the petition till he be take up  though sir Thomas tip case be urge where be sign the petition in the morning  and go out before the court sit and they hold that be entitle to a rule that  rule will protect he the whole day and they can make no fraction of a day
anonymous a rector compound with parishioner for tithe at so much per annum  and die before the end of the year a rector agree with a parishioner for his  tithe for a certain sum Payable yearly at Michaelmas the rector die the  beginning of September the agreement determine by the death of the parson the  successor shall be entitle to tithe in kind only from the death and the  executor of the last incumbent to a proportion accord to the agreement till  the time of his testator death and this be by a equitable construction quaere  the case of a she and Webber wherein it be so resolve in Scaccario Bunbury de  term S HILARH
anonymous a steward be judge at commonlaw of Coppyholdcases c the Lord of the  manor be chancellor there in a case of two copyholder of the manor of Byflet  in Surrey one claim by a ancient title against which the possession have go  since of e the Lord chancellor will not retain it in chancery but bid theta  try it in the court of the manor and that if need be a learned steward or  assistant to he shall be appoint by this court and that choice case in  chancery no Writ of false judgement lie of a copyhold case in a manor because  from a steward they may appeal to the Lord as a chancellor April
anonymous a subpoena leave in the defendant hall a attachment Humphrey loide  make oath that he see one Lewis leave a subpoena in the hall of the defendant  and that the caryi er p defendant be at home the same time who have not appear  therefore a attachment be award against the defendant year Elizabeth
anonymous a supersedeas award because there have be no proceed against a  defendant in prisonwitbin four month upon a motion that the defendant may be  discharge out of prison it appear that a action who tam have be bring against  the defendant for the penalty of one hundred pound give by the W c for have  marry two person without a licence or without the publication of ban that he  have be commit for want of appear and have lie in prison four month and that  there have be no further proceed in the action a rule be make that upon a  appearance be enter for the defendant a supersedeas shall be award and by the  CourtAs there have be no proceed against the defendant within four month he be  upon a appearance be enter entitle to a supersedeas
anonymous a venue may be lie in a forest a venue may be well enough of a  forest though it extend into several will in our court we say at forestam de l  in come pillage a
anonymous a woman may sue a man in the spiritual court for call her husband  cuckold Mr herring move for a prohibition to stay suit by a woman in the  spiritual court where the wife libel in the spiritual court for call her  husband cuckold and he cite cro car side where prohibition have be grant in  like case but the court seem to doubt of it upon the general question but they  take a distinction between suit by baron and feme which the case cite be and  this case of a suit by a wife alone and in this case they clear deny a  prohibition ex relation mri Jacob
anonymous abate a bill administrator in nature of a guardian to a infant be  executor exhibit on his behalf a bill in chancery the infant depend the suit  come of full age this abate not the bill by the opinion of the Lord chancellor  Egerton that Feb Eliz Mews dig title practice ill party to action c g change  of party in the case of infant b on attain twentyone caryi er p
anonymous action of the case seek damage subpoena remember self it be usual in  a bill of chancery to object that the case have proper help at the commonlaw  and h where one assume for ten pound to land to another it be say he may have  action upon his case and not to sue in chancery to compel he to make the  estate but these help be diverse and not the same for by the one he seek the  land and by the other he demand damage only and therefore I see not but that  the petition in parliament may have prevail if it have stand upon that point  only and at this day it be take for a good cause of dismission in most cause  to say that he have remedy at the commonlaw and where a action upon the case  for a nusans and damage only be to be recover the party may have help here to  remove or restore the thing itself quod be idem
anonymous after order for time you can refer c Mv Lord chancellor declare it  to be a rule that you can refer a bill for impertinence aft er obtain a order  for time c for though the order be for time to plead answer or demurrer yet  you can demurrer single much less refer for impertinenee which be more  dilatory Kenyon but it appear by affidavit that the defendant can not have a  copy of bill till the time for answer be outl his lordship dispense with the  rule Kenyon er p
Anonymous against ewer Hawkins move to stay proceed in a action upon the  recognizance against the bail the principal defendant have be surrender to the  fleet and afterward charge in execution there by plaintiff wright for  plaintiff object that defendant have plead and plaintiff demurrer that  therefore defendant proper method be to procure a amendment of his plea but  the court hold that plaintiff can not proceed against the bail after charge  the principal in execution defendant shall not have plead but move the court  soon let proceed be stay upon payment of cost ex assent
anonymous amend of answer those who be curious to have the defendant to amend  their answer order first by the Lord chancellor to put in surety in court for  proof of the content of their bill accord to the statute Henry or juramentum  accuse falsely be better perchance that November James caryi er p
Anonymous and andrews February on a bill bring to prove a will per testes and  to perpetuate the testimony of his witness the defendant have no other remedy  to have his cost than by move for they the present bill be bring in order to  prove a will per testes and to perpetuate the testimony of the witness the  defendant do only crossexamine the plaintiff witness and do not examine any  witness of his own however he afterward bring a cross bill in order to set  aside this will it be now move on behalf of the defendant in the original  Cause that the plaintiff may pay he his cost Lord chancellor say that the  defendant be entitle to the benefit of this motion he have no other way in  this case to have his cost than by move for they Barnardiston and though the  defendant have crossexamined the plaintiff witness yet as he have examine no  witness of his own he ought to be allow his cost it be indeed true that the  defendant have file his cross bill and that circumstance have be urge as a  reason why these cost shall not be give till the merit of the cross bill be  determine but that circumstance will make no difference accord the motion be  allow at the seal after hilary term
anonymous and close a ejectment be bring and recovery have upon it and after  the lessor bring a action of trespass for the mean profit and the lessee  release the action but the court set aside the release and say that the lessee  be a person in trust and set up by the practice of the court and be in the  nature of a officer of the court and shall be within the power and control of  the court and therefore the money which be in the sheriff hand be rule to be  deliver
anonymous and Harrison mich W case W a servant have power to draw bill of  exchange in his master S name and after S turn out of the service holt CJ if  he draw a bill in so little time after that the world can take notice of his  be out of service or if he be a long time out of his service but that keep so  secret that the world can take notice of it the bill in those case shall bind  the master holt KB er p
Anonymous and the earl OF Ferrars how far a trial at bar may be in a issuable  term on motion for a trial at bar next term though it be a issuable one the  court say that Lord chancellor have declare to they that if the court can not  dispense with their rule against try cause at the bar in this term he must and  will decree the issue against the earl pro acknowledged admitted fact and upon  that they say they will dispense with it which they accord do
anonymous answer good to common intent but thing secret not to pass doubtful  note that the Lord chancellor say that answer be good to common intent of  thing not in the defendant knowledge alone but if public do ought not to be  caveled at by Council who thereby delay their client cause but if it be of  thing secret it be otherwise April
anonymous April proof of a creditor debt disallow by commissioner the court  will hear the proof a creditor offer proof of his debt to the commissioner of  bankrupt which they disallow distribution be not yet make it be allege that  the proof be sufficient and move that the Lord chancellor will be attend b  both side to hear and give order therein the Lord chancellor why shall I not  leave it to the course the statute have provide if it be grant in one it will  be ask on all case yet at last it be order
anonymous April where the issue be a purchaser of a possibility and where it  be a limitation William bullock possess of a lease for year on a treaty of  marriage between he and sir John knight to he have between Henry son of  William and Bridget daughter of sir John knight assign the lease to sir John c  on trust first William to receive the profit till the marriage then Henry to  receive the profit so case in chancery er p long as he shall live and no long  then after his death Bridget to receive the profit during her life and no long  and afterward the issue of the say Henry and Bridget between they to receive  the profit so long as any issue of their body shall continue with remainder  over the marriage be have issue bear Henry assign all his interest to his  father the issue die Bridget die William take Administration of Henry sir John  knight take Administration of Bridget and the issue the question be quid law  on a bill exhibit by William and sir John knight trustee and administrator of  Bridget and the issue on debate the Lord chancellor order the assignment to be  bring to he for some difference be allege to be in the word of it and when he  have peruse it he will declare his opinion the main question be whether as  this case be the issue be a purchaser or whether it be in the nature of a  limitation case in chancery if the assignment be ut above pass away the  interest of the wife if it be a limitation saint in regard of the Coveture  videlicet the future interest and possibility for it be make for her  preferment in nature of a jointure it be agree it can not hurt her during her  life but dly whether this possibility be grantable or not
anonymous at nisi prius in person Pratt chief justice in Middlesex action  against a constable not confine to the proper county where he do not act in  execution of his office trespass and assault on the evidence it appear the  defendant be a constable and live at Dover and that be order to take the  plaintiff and carry he before the mayor he execute his warrant and the mayor  discharge the plaintiff soon after which a dispute happen between the  plaintiff and the defendant the defendant beat the plaintiff for which this  action be bring for the defendant they insist that he be a constable they  shall have bring the action in the proper county accord to the statute James  say per Pratt chief justice that be only where it be for a matter relate to  the execution of his office but if after his authority be expire he abuse the  party or if he meet a man and knock he down he may be sue for it as all other  people may
anonymous at what time a tender of tithe save defendant cost if to a bill for  tithe the defendant noth not show a tender before or make it in the answer the  plaintiff be entitle to a account although the value be never so small if  there have be a tender before and a tender be also make by the answer the  defendant save his cost if the tender be only by the answer he must account  with cost
anonymous atk a bill depend six year in chancery not sufficient to take a debt  out the statute of limitation Lord Hardwicke say that a bill though depend in  chancery almost six year be not allow to be such a demand as to take a debt  out of the statute of limitation and sir Joseph Jekyll in a case before he at  the roll declare himself to be of the same opinion this case be take from  atkins it do not appear in Lord hardwicke notebook Craddock v marsh Charles  Rep Hurdrett v Calladon ib anon Charles can lake v hale ante page Sturt v  Mellish atk contra anon vern west tempt Hardwicke after hilary term
anonymous b r a agent bill can be tax application be make to a judge for a  order to tax a attorney bill he make a order for the taxation thereof upon the  usual undertake to pay what shall appear to be due thereupon the person who  obtain the order attend the master several time but the attorney who bill it  be never attend and the master refuse to tax the bill ex part because it be a  bill for agency and now Mr Lawson move that the master may tax it ex part but  per curian it be not within the Act of parliament and the master say he never  tax a bill for agency in his life so the judge order be hold to be irregular  obtain
anonymous b r after a plea in abatement and demurrer the plaintiff must pray a  to answer ouster and not judgement in chief Carth the defendant plead in  abatement that there be no such person as the plaintiff in a thing naturan the  plaintiff reply that there be videlicet at Westminster defendant demurrer  plaintiff join in demurrer and pray judgement and his damage which be in chief  be wrong for it ought to be that he may answer over per curian let it stand  over with leave to the plaintiff to move to amend on payment of cost Wilson  king bench er p Wilson king bench trinity term geo two
anonymous b r covenant for nonpayment of rend and not repair refer to the  master as to rend and on payment thereof process to stay as to that in a  action of covenant upon a lease the breach assign be for nonpayment of rend  and not repair the premise it be now move that upon payment of what shall  appear due for rend proceed as to that shall stay per curian this have often  be do so let it be refer to the master
anonymous b r infant lessor in ejectment must get some person to be security  for cost Mr Henley move on the part of the defendant in ejectment that proceed  may be stay until the lessor of the plaintiff who be a infant have get  somebody to enter into a rule to pay defendant his cost if there shall be a  verdict for the defendant because thou lessor himself be a infant be not  liable for cost rule to show cause afterward make absolute
anonymous b r notice of motion must be to quash a writ upon a motion to quash  a mandamus it be say by the court you can never move to supersede or quash any  writ whatever without give notice of motion
anonymous b r what be a improper affidavit to hold bail a three person make  affidavit in order to hold defendant to special bail that he be indebt to the  plaintiff in as appear by a account state and under the defendant own band Mr  Henley move that common bail may be accept and per CuriamThis affidavit be not  sufficient for the plaintiff may have be pay the debt and this account may be  discharge for any thing the person know who make this affidavit so common bail  be order note such affidavit be have when it say as appear by such a note or  bind c
anonymous bailment sans consideration countermand a deliver twenty pound to b  to the use of c a woman to be deliver her the day of her marriage before her  marriage a countermand it and call home the money c shall not be aid in  chancery because there be no consideration why she shall have it dyer Mews dig  title contract c the matter if contract consideration a sufficiency two to  make naked bargain
anonymous beneficiary and use de term de handle although beneficiary and use  of a term for year be not within the statute of use rather therefore he shall  have remedy in chancery Crompton
anonymous bill against a man and his wife abate by the death of he a bill be  exhibit against husband and wife for matter chief concern the wife they both  put in their answer and then the husband die this be a abatement of the cause  so that the plaintiff shall not proceed upon a bill of revivor for the widow  shall not be compel to abide by the answer of her husband make for her or  which he make while she be sub potestate man but she may abide by it if she  will and if she do the plaintiff may proceed and the decree shall bind her
anonymous bring evidence into court it be most usual in chancery to demand  evidence concern the complainant land to which he make title which be not in  chest bag or box and whereof he know not the date c
anonymous bring money into court in trover for money the court give leave to  bring the whole money declare for into court but S aid they can do it only in  this case and not in trover for good but that the court will tinder particular  circumstance give leave to bring good into court for which trover be bring  vide fisher v prince in b r burr cook v Holgate barn royden v batty ib in c b
anonymous c b bankrupt endorsee of a note after the act of bankruptcy may be  the petition creditor a a trader before he commit any act of bankruptcy draw a  promissory note for Payable to b or order then a commit a act of bankruptcy  and afterward b endorses the note over to c who be the petition creditor and  it be hold per totan curian that be may well be so for the be a debt due from  the bankrupt before he commit the act of bankruptcy to somebody videlicet to b  June Wilson king bench michaelmas term geo III
anonymous c b debt on a bind to pay money on or before such a day payment  before the day scilicet such a day be good debt on a bind with condition to  pay a certain sum of money on or before such a day the defendant crave oyer of  the bind and set forth the condition and plead payment of the money before the  day to wit that he pay it on such a day the plaintiff demurrer and defendant  join in demurrer Burland for the plaintiff object that the defendant ought not  to have put in issue the particular day whereon be pay the money but ought to  have plead that he pay the money on or before the day but per curian the  defendant have plead that he pay the money before the day accord to the  condition which be in the disjunctive to pay on or before the day and the  demurrer admit the plea to be true and confess the money be pay before the day  so the defendant must have judgement but the plaintiff move for leave to  withdraw his demurrer and to reply upon payment of cost which be grant
anonymous case of a occupancy in case of a occupant as house and land grant to  I S for term of the lifefor three of his son for one rend they that have the  possession of the house must have the occupancy of the land for otherwise  every servant that be dig shall have a several piece and foot attitude be not  sufficient but there must be a claim also publish to hold it as occupant April