| LACHES—continued. with liberty to bring an action ; the by the representative of one of the assistance of the Court being re next of kin on the ground, that part quired on equitable circumstances. of the personal was secured by mortStevens v. Praed.

Page 519 gage, therefore as to that the cha7. Upon equity reserved the Court ritable bequest was void, and that

refused to increase damages on sug the right of the next of kin was but gestion, that interest was omitted at lately discovered: the bill therefore law through mistake, on the supposi prayed an account of the personal, tion that it would be given in equity. and that the charitable bequest of Stevents v. Praed.

519 what was out on mortgage should be 8. Notwithstanding the statute and de declared void, and that it should re

cree 37 Hen. VIII. c. 12. the Court sult to the next of kin: Held that by of Chancery has jurisdiction upon the codicil the executors were trusthe subject of tithes in London. An tees of the whole, and could not claim account was decreed according to the for themselves; that at all events the improved rent. Another Defendant next of kin could not recal what had setting forth his lease at a low rent been laid out; that the length of time and a fine, and alledging by answer, alone was not sufficient to raise a prethat he had never heard of any sumption, that they knew their right greater rent heing paid, there being and released it or acquiesced; thereno evidence against it, was held li fore an account was decreed, but able only according to that rent. with special inquiry into all the cirCanons of St. Pauls v. Crickett. 563 cumstances, and whether the next See Arbitration, 11, 12. Dower, 1. of kin released, assigned, or in any Partition, 2. Visitor.

manner gave up their right. Upon the report, the special circumstances

affording no presamption of a release, LACHES.

an issue being declined, the accounts 1. Infancy of Defendant no excuse for

being clear, the trustees not being Plaintiff's delay.


called on to refund what had been 2. At law length of time raises pre

applied, and the widow being barsumption against claims the most

red by the will, or her right of elecsolemnly established.

tion having become impracticable, 3. Creditors are not relieved in equity

so much of the personal residue beafter gross laches : therefore where

queathed to the Charity, as was a creditor 7 years after coming of age

secured on mortgage, was notwitha filed a bill to obtain the benefit of a

standing the leugth of time decreed decree to account, and after answer

to the next of kin with interest from took no step for 33 years, and then

the filing of the bill. Pickering v. filed another bill against residuary

Lord Stamford. Page 272, 581 legatees of a party, whose assets were

5. Length of time may bar in Equity : distributed with notice to the Plain 20 years possession bars an equity tiff, and against other representa

of redemption : but no time can cover tives, the bill was dismissed upon the

a fraud.

280 laches only, though the question of

6. After 35 years a legacy would be satisfaction was doubtful. Hercy v.1

barred on presumption of satisfacDinwoody.


ib. 4. Testator gave the residue of bis per

7. Executor pays debts with money sonal to his executors for their own

received under a decree, which is use and benefit: afterwards by a co

reversed : he must refund: otherdicil he directed them to dispose of

wise, if the appeal is delayed. 583 it in charities; and part was accord

8. Every fair presumption is to be ingly applied in founding a school.

made against a stale demand. ib. 35 years after the testator's death,

See Legacy. Mortgage, 1. Pleadall the next of kin and the acting

ing, 17. trastee being dead, a bill was filed | 3 E 2


[ocr errors]
[ocr errors]

LANDLORD AND TENANT. | LUNATIC. Tenant cannot set up a title against 1. The statute of Lanatics does not his landlord.

- Page 696 introduce any new right in the See Interpleader, 5, 8. Lease.

Crown; the words “ waste and deLEASE.

structionin it are to be construed Where there is a demise, lessor can in the ordinary, not the technical, not bring an action for use and oc


Page 71 cupation, as a stranger may: but it 2. Where timber makes part of the must be upon the deed for the rept. general rental of an estate, in case

307 of lunacy it would be a breach of LEGACY AND LEGATEE.

duty not to manage it in the usual Payment of a legacy presumed after | manner.

above forty years without demand. 3. Under the statute the Crowd comJones v. Turberville.

11 mits the care of lunatics to some See Exoneration, 2. Interest, 2. great officer, not of necessity the

Laches, 6. Trust, 4, 5. Will, Chancellor. The warrant confers no 24, 25, 31, 43, 46.

jurisdiction, but only a power of LENGTH OF TIME. — See Laches.

administration. The appeal is to • Pleading, 17.

the King in Council.

ib. LIEN.

4. In managing the estate of a lunatic

the general principle is to attend 1. On bill of interpleader by the owner

solely to the interest of the owner of an estate against the grantee of a

without any regard to the succesrent-charge out of it, assigned to se

sion. care an aonaity, and the annuitant,

5. In administering the estate of a lunathe annuity being void, the arrears

tic tbe Chancellor inay apply personal of the rent-charge in Court were

estate in payment of debts to any paid to the original grantee; and the

extent, and is to take every adrantannuitant was held not entitled to

age, that tends fairly towards orhave the consideration repaid out of

dinary improvement, considering that fund, there being only a general

only the immediate interest of the debt at law and no lien. Duke of

proprietor: but consistently with that, Bolton v. Williams.

alteration of property is, as far as 2. Upon an act of bankruptcy by lying

possible, to be avoided; and great two months in prison joint and sepa

care must be taken, that nothing esrate commissions : the former being

traordinary is attempted; as purestablished the latter superseded,

chasing estates, disposing of intethe attorney employed by the bank

rests, engaging in adveotures, &c. 73 rupt and in sustaining the latter

6. A trustee found a lunatic by the against the former has no lien upon

Master's report cannot be ordered to papers delivered to bim by the bank

convey onder the statute 4 Geo. I. rupt after the arrest : upon petition

c. 10, unless a commission of lunacy of the joint creditors he was ordered

has issued. Er parte Gillam. 587 to deliver them up. Exp. Lee. 285

7. A person found a lunatic by a com3. On a bankruptcy by lying two

petent jurisdiction abroad may be months in prison po possible lien

considered a lunatic here. 588 can be acquired after the first arrest.

See Representatives, 1, 5.

286 LONDON, CUSTOM.–See Assets.

M. LONDON, TITHES. — See Jurisdiction, 8.

MERGER. LORDS.-See Appeals.

At law and in equity, where there is a LOST DEEDS.-See Presumption.

confusion of rights, there is an im

mediate merger: that is prevented LOTTERY INSURANCE.--See Pload in equity by the intention either es. ing, 14.

press or implied; as in the case of

[ocr errors]
[ocr errors]


| NEXT op KIN.-See Representatives, 7.

an infant entitled to an estate and Trust, 4, 5. Will, 1. .

also to a charge upon it; the rights NOTICE.-See Pleading, 5. Purchaser;

remain distinct, because more bene-

3, 4.


Page 264

MILL, Custom of.—See Practice, 24.



rupt, 16. Pleading, 13.

ORDER.--See General Orders.




Personal under marriage articles to be

invested in land or government, or

other, securities: the Court finding PARENT AND CHILD.-See Consi-

it in its original state considers it as deration.

personal : but part having been laid


out in land, which was settled, and

afterwards sold, and the produce in-

dence, 4.

vested in stock, till a proper pur-


chase of land could be found to be

1, 2. Trust, 11. Will, 32.

settled to the same uses, that was / PARTITION.

considered as land. Bristow v. 1. The estate of a tenant in common



cannot be so settled on marriage of

See Trust, 8. Will, 1.

one as to prevent the right of the


others to make partition. Page 100 -

1. Mortgage may be redeemed after 2. Partition is a proceeding at Common

twenty years, if during that period law: but Chancery entertains suits

the mortgagee has treated it as re for it; though no original jurisdic-

deemable, as by keeping accounts

tion, and no express authority is

upon it.


given by the statute as to joint-te-

2. Mortgage and pledge distinguish-





3. On a bill for partition the costs of

See Arbitration, 3. Interest, 3. executing the cominission and of all


necessary proceedings in the cause

: 1. The statute of mortinain meant to

inust be defrayed by the parties in

proportion to their interests. Cal-

prevent a person from adding to land |

mady v. Calmady.


already in mortinain by will. 241

2. Difference between the statute of

See Power, 1.

mortmain and 12 Will. III. c. 4, con- / PARTNER.

cerning Roman Catholics : the former. An advantage to be taken by a partner

bas the words “ charge or incum out of the trade may be measured in

brance :” which are not in the latter. any way agreed on, and will not be

283 usurious.


See Charity, 3.

See Fraud, 2.

PATENT.-See Practice, 24.


PAUPER.–See Bankrupt, 3.

NABOB OP ARCOT.-See Jurisdic-

tion, 1.

PERFORMANCE.—See Satisfaction.



· 1. The shares in the navigation of the

An unborn child of a person in esse

- river Avon under the statute 10th

may be made tenant tor life, if be-
Anne are real estate and subject to

yond that the absolute interest, is
dower. Buckeridge v. Ingram. 652

disposed of. Routledge v. Dorril, 357

NEW TRIAL.-See Fraud, 3.

See Power, 6.


| PLEADING-continued. See Money.

the demurrer therefore going to all PERSONAL REPRESENTATIVE.

the relief, the Defendant had leave

to amend. Renison v. Ashley. Pa. 459 See Executor. Representatives.

12. Where the Plaintiff is entitled to PLEADING.

the discovery he seeks in support of 1. Speaking demurrer over-ruled. Ed. an action, a prayer for general resell v, Buchanan.

Page 83 lief, or for relief, that is consequen2. Speaking demurrer bad at law. ib. tial to the prayer for discovery, as 3. Plea to discovery, that it may sub an injunction, will not sustain a de

ject Defendant to penalties of a sta murrer. Brandon v. Sands. 514 tute, and also of articles of impeach 13. Plea to a bill of discovery in supment exhibited against him by the port of au action under stat. 9 Anne, Commons, is inconsistent and there c. 14, for money lost at play, by the

fore bad. Nobkissen v. Hastings. 84 assignees of the loser, a bankrupt, 4. Demurrer lies, where it is clear, that the action was not commenced

that, taking the charges to be true, and the bill exhibited within three the bill would be dismissed at the months, over-ruled. Brandon v. hearing. Utterson v. Mair. 95 Sands. . .

514 5. Plea averring in answer to a charge 14. Plaintiff's having brought an ac

of constructive notice, that to the tion against the Defendant to recover Defendant's knowledge and belief payments made for ipsuring lottery there was no notice, disallowed: he tickets, prayed a discovery and acought to answer the facts; and the count, offering to allow payments Court is to make the construction. made by the Defendant; as the DeJerrard v. Saunders.

187 fendant could not have that advan6. Joint and separate demands by the tage at law, a demurrer was over

same bill: demurrer allowed. Har ruled. Brandon v. Johnson. 617 rison v. Hoyg.

323 15. Bill by annuitant under a will for 7. Defendant cannot demur, because a an account of arrears against two

feofsment is stated without stating administrators with the will annexed: livery, or a bargain and sale without one pleaded the statute of Limita. stating enrolment: they will be in tions to so much, as sought satisfactended perfect.

327 tion for the arrears, or so much as 8. Upon bills by rectors and vicars the was stated to have accrued due pre

Defendants may split their titles. 328 vious to six years before the bill: 9. Defendant not bound by a mistake he also by answer set up an agree

in his answer as to the effect of an ment to relinquish the annuity: plea instrument, where the answer re over-ruled without prejudice to inferred to the instrument. Jones v. sisting on the same matter by anSmith.

372 swer. Higgins v. Crawfurd. 571 10. Plea of a fine over-ruled, because 16. Bill against bankrupt and assignees

no seisin was alledged. Page v. charging a fraudulent bankruptcy to Lever.

450 defeat the Plaintiff's execution, and 11. Bill for discorery and delivery of stating, that under an agreement

a settlement, under which Plaintiff with the assignees for an arbitralion claimed, and other title-deeds, and the Plaintiff deposited the goods for possession of the estate: demurrer sale, the produce to be in trust acto all the relief, and all the disco cording to the award, that he had very, except of the settlement, for lost his copy, and the assignees had want of equity; and answer ad. obtained the original from the permitting the settlement and offering son, with whom it was deposited for to produce it, and denying, that De the benefit of all parties, and refendant had any other relative to the fused inspection, prayed a discorery Plaintiff's title: the title being legal, and injunction; a demurrer by the the Court would only order the set bankrupt disallowed. King v. Mar. tlement lo be produced at the trial ; tin.



| POWER-continued. 17. Defendant pleaded forty years pos and an appointment to a child for

session without account or admission life, remainder to his children as he of any debt to a bill setting up an shall appoint, is an excess of power; old mortgage and stating an account and the doctrine of cy pres by giving settled, and that owing to infancy, co the child an estate tail is not appliverture and other disabilities, Plain cable: but the appointment is void

tiffs could not proceed; the plea was for the excess only; and what is ill · allowed. Blewitt v. Thomas. Pa. 669 appointed goes as in default of ap18. Bill prayed, that the Defendant pointment. Bristow v. Warde. Pa.336 might state the particulars of his 3. Testator under a power to appoint pedigree as heir, and of the births, among children appointed to the baptism, marriages, deaths, or bu husband of a daughter for life, and rials; demurrer allowed. Ivy v.Keke if she survived him, to her for life ; wick.

679 and having advanced her in marSee Copyright in Prints. Costs, 3. riage, recited that as a reason for

Fraud, 7. Interpleader, 7. Prac giving her a small share: this is not tice, 27. T'ithes.

illusory. Bristow v. Warde. ib. PLEDGE.-See Mortgage, 2. !

4. 40001, settled on marriage in trust

after the decease of the husband and POLICY-See Insurance.

wife to pay among all and every the POLITICAL TREATY.-See Jurisdic child and children other than an tion, 1.

eldest or only son, at such times and POSTHUMOUS CHILD.--See Will,47. in such proportions as he or she or POWER.

the survivor should appoint by deed

or will; for want of appointment, 1. Partition of an estate in common is

among such child and children, other a good execution of a power to sell

than, &c. equally to be divided; if or exchange*. Abel v. Heathcote. 98

but one, to that one; payable at 2. By articles the wife's fortune and

twenty-one or marriage, or as soon an equal sum advanced by the hus

after as the life interests should band were agreed to be settled for the

drop : the shares of any dying behusband for their joint lives; and if

fore payable in the 4000l. or so much he should die first, leaving issue by

as should not be appointed to go to her, for her for life, after her de

the survivors at the same time. cease, as to the capital, in such man

There were four younger children : ner as he should appoint, in default

the marriage settlenient of one reof appointment to be divided equally

cited, that she was entitled to 10001. among the issue at twenty-one with

part of this fuod; one fourth of it maintenance and survivorship: after

was appointed to another on his marmarriage in pursuance of the articles

riage, and to a third 1000l. as her an estate purchased with the fund was

share of that portion; the fourth settled upon the husband for the joint!

died above twenty-one before his lives of him and his wife, remainder to

father, who survived his wife, and trustees to preserve, &e. remainder,

died without any farther appointin case of his death first without

ment; Held, that 3000l. was well issue, to certain uses, remainder, in

appointed, and that the remainder case of his death first, leaving any

vested in all equally according to child or children, to the wife for life,

the direction for want of appointremainder to all the children in such

ment. Wilson v. Piggott. 351 shares, as the husband should ap

5. Under a power to appoint among point; for want of appointment,

all children if part is well appointed equally in tail with cross remainders,

to some, leaving a share not illuremainder to the heirs of the hus

sory, which is afterwards appointed band. Children only are the object; L.

so as entirely to exclude one, the * Over-ruled. See the note, page 101. last appointment only is void. 355

« ElőzőTovább »