SCOTCH AFFIDAVIT. See Bankrupt 26. 27. See Evidence 57. SCOTLAND. Charity 67. 82. Legacy 53. Mar riage 4. Ne exeat Regno 25. Perpetuity 5. Practice, SEPARATE AND JOINT COMMISSION. SEPARATE AND JOINT CREDITORS. SEPARATE ESTATE. See Baron and Feme. SEPARATE EXECUTION. SEPARATE MAINTENANCE. SEPARATE PROPERTY. SEPARATE REPORT. SEPARATION. See Baron and Feme (Separate Maintenance 1. 2. 3.) SEQUESTRATION. 1. On mesne process: whether a sale farther than to pay the expenses. 2. On mesne process application of profits: sale refused. 3. Discharged by appointment of a Receiver. 4. Perishable commodities, &c. sold. 5. Mortgagee examined pro interesse suo. 6. Contempt to disturb possession under it. Right of judgment creditor. Vol. Page 1. Quære, whether there can be any sale of goods, taken under a Sequestration upon mesne process, farther than Hales v. Shafioe. to expenses. pay the 2. Bill for an account taken pro confesso against surviving executor and devisee in trust; and leasehold estates taken under a Sequestration for want of an Answer: the Court would not order the sequestrators to sell; but directed them to apply the profits. The Court also ordered the dividends of money in the Bank on the testator's account to be paid under the Will; but could not order the Bank to transfer before the Act 36 Geo. 3. c. 90. Shaw v. Wright. 3. Appointment of a Receiver in the place of the sequestrators discharges the Sequestration. Shaw v. Wright. 4. The Court will sell perishable commodities, rents paid in kind, or the natural produce of a farm, under a Sequestration. 5. Upon a Sequestration a mortgagee must come to be examined pro interesse suo. 6. Contempt to disturb sequestrators in possession. If the Sequestration is executed, a judgment creditor, though prior, can only claim to be examined pro interesse suo; if not executed, he may take execution. See Payment into Court 1. Pleading (Demurrer 17.) SERJEANT AT ARMS. See Practice 316. SERJEANT AT LAW. SERVANT. See Evidence (Pedigree 7.) Fraud 7. 30. Legacy 42. Maintenance 2. See Baron and Feme. 125. 317. 380. 384. SERVICE. Injunction 39. Practice 122. 124. SET-OFF. 1. At law not between joint and separate debts. at law. 3. Equitable on fraud; though not at law. 4. No relief in nature of it against separate creditor of bankrupt, indebted to the partnership to a greater 5. 6. amount. At law not between joint and separate debts. 7. Not of debt to wife, when sole, against debt from hus band to the bankrupt. 8. Not of right of action on policy of insurance against a debt from the bankrupt. 9. In Equity long before the Statute. 10. Equitable on mutual credit; though no mutual debts. 1. At law there can be no set-off between joint and separate debts. (See No. 5.) Vol. Page III. 248 VI. 136 2. Bill by insurance broker for a discovery and account of money paid and received by him in that capacity on account of the defendants, and money due to him for commission, &c. and for promissory notes indorsed to him; and to restrain an action, as brought contrary to the universal custom of the business. Demurrer allowed: the subject being matter of set-off, and capable of proof at law. Dinwiddie v. Bailey. 3. Equitable set-off under circumstances; when there could be none at law; viz. bankers, directed to lay out money in Navy Annuities, not doing so; but representing, that they had; making entries, and accounting for the dividends, accordingly; and taking a joint promissory note from the party, under that supposition, and her brother, to secure a debt from him to them; upon which the assignees under their bankruptcy sued him alone. Order for proof of the balance, setting off the debt upon the note; an injunction, and delivery of the note. This case rests upon the fraud. Ex parte Stephens. XI. 24. XIX. 467 4. Separate Commission of Bankruptcy. Relief in the nature of set-off against a separate creditor of the bankrupt, indebted to the partnership to a greater amount, refused. Ex parte Twogood. 5. Joint and separate debts cannot be set-off against each other at law. (See No. 1.) 6. Set-off, where a creditor had borrowed from the debtor 8. The benefit of a policy of insurance, previous to the XI. 517 XI. 519 XIII. 180 XIX. 465 XIX. 465 9. Distinction between set-off in Equity and at Law. In Equity it prevailed long before the Statute. XIX. 467 10. Equitable set-off upon mutual credit; though no mutual See Bankrupt. Baron and Feme 69. Lien 21. 1. By féme sole, immediately before marriage, without 2.1 3. S Not corrected, unless on something in the recital, &c. 4. Creditor impeaching must state fraud; and get judg ment. V. 108 5. Reformed by the recital. 6. 7. After marriage, in pursuance of agreement before, sup- Creating charge, though for a volunteer, not revoked 9. Reformed against husband's devisee, but not creditors, by his instructions. 10. To children according to appointment and in default Of personal estate implied conformable to limitations 1. A woman pending a treaty of marriage with A. settled 5. Settlement reformed according to intention declared in recital. (See Nos. 2. 3.) 6. Settlement after marriage of the wife's property, reciting, and in pursuance of, a parol agreement before, in trust as to part of the produce to the separate use of the wife; as to the rest, for husband for life, then for wife for life, then among the children according to appointment of the survivor, good against creditors of the husband. Their bill to set it aside was dismissed with costs; and defendants were held entitled to that judgment even against a plaintiff, who was made so without authority but his whole expense, and also the whole expense above the costs taxed of all the defendants, except the husband, were decreed to be paid by the Solicitor for plaintiffs; the transaction being considered as a combination between the husband, the creditors, who authorized the bill, and the Solicitor, to defraud the children. Dundas v. Dutens. 7. Charge well created by settlement, though for a volunteer, not revoked by general revocation of the uses under a power for the mere purpose of partition of joint estate, and re-settling to the same uses the separate part to be taken on partition. Earl of Uxbridge v. Bayly. Vol. Page I. 22 I. 57 I. 59 I. 161 I, 171 I. 196 I, 500 8. Settlement reformed in favour of the younger children against the heir of the mother, claiming the reversion, by a letter from her on the marriage of her daughter, stating the intention. Barstow v. Kilvington. (See No. 2.) 10. Settlement to such uses as the husband and wife shall Frau See Articles 1. Baron and Feme 47. 95. Construction SETTLEMENT, POST-NUPTIAL. See Creditor 3. SEVERAL BOND. SEWERS. 1. Generally the remedy against the act of the Commis- 1. Injunction against the act of the Commissioners of Sewers, Vol. Page V. 593 V. 596, n. V. 596, n. XV. 544 XIX. 449 |