ACCEDAS AD CURIAM. ACCELERATION OF REMAINDER. ACCEPTANCE. See Bill of Exchange. ACCEPTANCE OF RESIGNATION. ACCEPTOR FOR THE HONOR OF DRAWER. ACCESS. ACCIDENT. 1. Death of party, within whose life the price is to be fixed 1. Under a contract for a sale at a price, to be fixed by an See Account (Mesne Profits 2.) Forfeiture 3. ACCOMMODATION BILLS. See Bankrupt 7. (Proof 5. 28.) Bill of Exchange 3. 1. Timber cut admitted. 2. Not against witness. ACCOUNT. 4. Mutual demands necessary-Dower-Steward. 5. On discovery; though there may be a proceeding at law. 7. Not of profits of illegal partnership. 1. Admission, that any timber has been wrongfully cut, gives the right to an account. 2. Son employed under, paid by, and accounting to, his father, may be a witness; but is not accountable to his father's principal. Cartwright v. Hateley. 3. Admission of assets prevents the necessity of setting forth the accounts. Pullen v. Smith. 4. To sustain a bill for an account there must be mutual demands. The case of dower stands upon its own specialties: so the case of a steward. 5. Account consequential upon discovery; though there may be a proceeding at law. Vol. Page XVII. 241 I. 82 I. 292 V. 21 VI. 141 6. Dealings between tradesman and customer may be the subject of account in Equity, especially in the case of VI. 688 securities obtained from an extravagant young man on misrepresentation, &c. In this instance an injunction was refused on the circumstances; no misrepresentation, &c. bills regularly delivered; after an agreement for examination of the bills an account settled several years since in a deliberate transaction, with the intervention of an agent, upon giving farther time; and the charge of interest sustained by express contract for it after a reasonable time. Lord Courteney v. Godschall. 7. The profits of a partnership in underwriting, illegal by the stat. 6 Geo. I. c. 18. s. 12. cannot be the subject of account in equity. Knowles v. Haughton. EVIDENCE-JURISDICTION-LIMITED MESNE PROFITS-SETTLED. EVIDENCE.-1. Affidavit of vouchers impounded. 1. In an account against an executrix the Master was directed to allow items upon vouchers, which it should be verified by affidavit were impounded in the Ecclesiastical Court. Nielson v. Cordell. JURISDICTION.-1. Of Equity concurrent. 1. Concurrent jurisdiction of a Court of Equity in account; though a legal title; the right being first established at law: originally assumed under a sound discretion, where an action would not give so complete a remedy. poration of Carlisle v. Wilson. LIMITED.-1. To the filing bill on adverse possession, without fraud. 2. To the filing bill on laches. Vol. Page IX. 473 XI. 168 VIII. 146 Cor XIII. 276 1. Account of rents and profits confined to the filing of the bill, filed upon grounds of equitable relief against a mere adverse possession, without fraud, &c. 2. Account of rents and profits confined to the filing of the bill under special circumstances; as laches by the cestui que trust in not asserting his right. Pettiward v. Prescott. MESNE PROFITS.-1. Ejectment defeated by wrongful injunc tion. 1. Account of mesne profits, since the title accrued, decreed against executors, upon the special ground, that the plaintiff was prevented from recovering in ejectment by a rule of the Court of Law and by an injunction, at the instance of the occupier; who ultimately failed both at Law and in Equity. Pulteney v. Warren. VI. 93 VII. 540 VI. 73 2. The simple case of the death of the occupier will not sustain a bill for an account of the mesne profits under the head of accident. Upon such a bill by an infant the ground is infancy, and the character of the defendant, as bailiff or receiver. No such bill by an heir, merely as such, unless some impediment at law; as possession of the deeds by the defendant, terms, &c. The case of the dowress has turned upon the difficulty arising from her want of information and the possession of it by the defendant. Ground of the case of mines; which is in nature of a trade: as to timber, the account depends upon the jurisdiction for an injunction. The case of tithes turns upon the property in the tithes. There must be either a difficulty to recover at law, or fraud, concealment, &c. SETTLED.-1. Old: on erroneous principle. 2. 3. 4. Vol. Page - VI. 88, 89, 90 Between attorney and client opened on error 5. Setting aside: surcharging and falsifying. 6. 7. 1. An old account shall not be unravelled; though settled upon an erroneous principle. Gray v. Minnethorpe, 2. A settled account between attorney and client opened upon general allegations by the client of error, admitted; though no specific errors were pointed out. Matthews v.Wallwyn. 3. A strong ground necessary to set aside settled accounts; or error, to surcharge and falsify. 4. Accounts settled not to be set aside but for fraud: or surcharged and falsified but for error. 5. For the purpose of surcharging and falsifying accounts some specific error must be charged. 6. To a bill for an account a settled account was suggested by the answer; but not proved. Liberty given to surcharge and falsify; if the Master should find any settled account. Kinsman v. Barker. 7. Bill impeaching an account, to have liberty to surcharge and falsify, must lay a ground by alleging some specific See Answer 4. Bankrupt 20. Baron and Feme (Sepa- 4. 7. 9. 10. III. 103 IV. 118 V. 837 IX. 265 IX. 266 XIV. 579 XIV. 579 Vol. Page 1.) 2. ACCOUNTANT-GENERAL. See Practice 6. ACCOUNTS, BOOKS OF. ACCOUNTS, MERCHANTS. ACCUMULATION. Void only for the excess beyond twenty-one years. 1. Trust by will for accumulation during a life, contrary to the statute 39 & 40 Geo. 3. c. 98, is good for twentyone years by that statute. Griffiths v. Vere. There 2. Trust by will for accumulation beyond the statute 39 & See Executor 51. Perpetuity 12. Will (Executory Devise 3.) ACCUMULATIVE LEGACY. ACQUIESCENCE. See Creditor 4. Election 35. Executor 34. 48. Laches. Limitation (Time 5. 16. 17.) Mistake 2. Mortgage 56. ACT OF INSOLVENCY. See Insolvent Act. ACT OF PARLIAMENT. See Practice 233. Presumption 15. Statute. Vendor and Vendee 18. ADEMPTION. See Legacy 40. Satisfaction 7. 40. Will 75. 161. ADMINISTRATION. 1. Debts paid after decree to account disallowed. 1. Administratrix not allowed for debts paid after a decree to account: but shall stand in the place of the creditors paid. Jones v. Jukes. LETTERS OF.-1. Temporary limited as to the purpose; not the time. : 2. Temporary until a particular period or event. 1. Administration granted under statute 38 Geo. 3. c. 87; where the executor went to Scotland. It cannot be disputed in this Court; though it may at law. Though not for a limited time, it is for a limited purpose; viz. being made defendant to suits in equity. The effect of the return of the executor, in this instance the executor's executor, is, that he must be made a party IX. 127 XII. 295 II. 518 in the usual course; and then the temporary administrator may account, have his costs, and be discharged; but the proceedings had are not put an end to. Rainsford v. Taynton. 2. Administration during a particular period, or till a particular event, determines at that period, or on that event: for instance an administration during the absence of an executor; and the administrator ought in his declaration to aver, that the executor is out of the realm. See Assets. Baron and Feme (Separate Property 41.) Charity 30. Exoneration. Probate, &c. 1. Will 21. ADMINISTRATOR. See Executor and Administrator. ADMIRALTY. See Prize 2. 4. ADMISSION OF CONTRACT BY ANSWER. 1. Money laid out by the intestate on repairs of houses, which descended to his eldest son, as heir, is not an advancement, to be brought into hotchpot under the statute: otherwise, if the houses had been given to the son in the father's life. Smith v. Smith. 2. Purchase in the name of a wife or child ordinarily not a resulting trust; being considered an advancement. 3. Provision by will considered an advancement in the life of the testator. 4. Share of personal property under father's intestacy not considered an advancement by him in his life. 5. Provision by will considered as an advancement in the life-time. See Assets 23. 24. Infant 16. Portion. Satisfaction 19. ADVOWSON. 1. Statute 7 Ann. c. 18, not retrospective. 2. In gross legal assets. Vol. Page VII. 460 VII. 467 V. 721 VIII. 199 X. 489 XVIII. 494 XVIII. 494 1. The statute 7 Ann. c. 18, enacting, that the interest of the patron of an advowson shall not be displaced by usurpation, is not retrospective. 2. Advowson in gross assets by descent at common law for specialty debts. See Fine 1. V. 828 VII. 447 |