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See Agreement. Purchaser, 3. Will, 40. CONTRIBUTION.

See Bankrupt, 15. Jurisdiction, 8. COPYHOLD.

1. The want of a surrender of copyhold estate to the use of the will supplied in favour of a widow against co-heiresses, daughters of the devisor, married, and infant granddaughters by deceased daughters. The Lord Chancellor was of opinion, that in supplying a surrender the Court is to look only to the object, not to the circumstances of the parties; as, whether the heir has a provision or not. Hills v. Downton. 557 2. The ground of supplying the want of a surrender of copy hold estate is a legal or moral obligation. 563 COPYRIGHT.

COSTS-continued.

by an unconscientious use of legal process, was deprived of costs subsequent to the payment of money into Court. Lord Cranstown v. Johnston. Page 277 See Laches, 2. Lunatic, 6. Practice, 19, 26, 27. Trust, 7. Will, 39.

COUNSEL.

See Bankrupt, 1. Practice, 20.
COURT OF DELEGATES.
See Will, 1, 39.
COURT OF EQUITY.
See Jurisdiction.

COURT, PREROGATIVE.
See Will, 1.
COVENANT.

Construction, 2, 3.

See Agreement.
Penalty.
COVERTURE.-See Baron and Féme.
CREDITOR.

See Bankrupt. Baron and Féme, 10.
Costs, 2. Fraudulent Settlement.
Parent and Child, 2. Settlement, 2,
CROWN.-See Prerogative.
CUSTOM.-See York.

D.

DEATH.-See Domicil, 2.
DEBTOR.-See Creditor.

DECLARATIONS.-See Evidence.
DECREE, ENROLLed.
See Laches, 2.
DECREE, PRO CONFESSO.
See Practice, 1, 6.

1. The Plaintiff published a book of
roads of Great Britain, comprising
Patterson's Road Book, to the copy-
right of which the Plaintiff was en-
titled, with improvements and ad-
ditions obtained by actual survey
and otherwise. An injunction to re-
strain a publication of an edition of
Patterson, comprising the Plaintiff's
improvements and additions, was re-
fused. Cary v. Faden.
colourable
2. Injunction against a
abridgment of The Term Reports
among other Law Reports till answer
or further order
certificate
upon
of the bill filed. Butterworth v. Ro- | DELEGATES (Court of ).
binson.

COSTS.

24

709

1. No costs to a trustee, whose neglect occasioned the suit. O'Callaghan v. Cooper,

117

DEED.

A deed not to be varied by parol evidence of the actual agreement Jackson v. Cator.

See Will, 1, 39.

DELIVERY OF POSSESSION.
See Possession.

DEMURRER.

See Pleading. Practice, 27.

2. A creditor being decreed to reconvey on payment of what was due on DEPOSITIONS.-See Practice, 13. an estate in the West Indies, acquired DEVASTAVIT.-See Retainer, 1.

688

DEVISE.-See Will.
DEVISEE.-See Representative, 1.
DISCOVERY.-See Bill of Discovery.
DISTRIBUTION (STATUTE OF.)
See Advancement. Will, 35.
DOMICIL.

1. The succession to the personal es-
tate of an intestate is regulated by
the law of that place, which was
his domicil at the time of his death.
For that purpose there can be but
one domicil; and the Lex loci rei
site does not prevail. Somerville v.
Lord Somerville.
Page 750
2. The mere place of birth or death
does not constitute the domicil. The
domicil of origin, which arises from
birth and connections, remains, un-
til clearly abandoned, and another
taken. Somerville v. Lord Somerville.

ib.

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EAST INDIES.-See Infant Trustee, 1. EAST INDIA SHIP (Sale of Command.)

The command of an East India ship is
a public trust; and the sale of it
contrary to a public regulation of
the Company is a breach of public
duty.

3. In the case of Lord Somerville, of
two acknowledged domicils, the fa-
mily seat in Scotland, and a lease-
hold house in London, upon the cir-
cumstances the former, which was
the original domicil, prevailed. So- ECCLESIASTICAL COURT.
merville v. Lord Somerville.
4. A man may have two domicils for

some purposes.

ib.

See Pleading, 3.

See Jurisdiction, 1.

786 EJECTMENT.-See Landlord, 1.
ELECTION.

5. Distinction upon cotemporary domicils in the case of a nobleman or gentleman, generally, the domicil is the mansion-house in the country: that of a merchant is at his residence in, town.

789

787

6. A new domicil cannot be acquired during pupilage, or until the person is sui juris. DOUBLE LEGACIES, PORTIONS, &c.-See Portion. Will, 14, 15, 16, 17, 18. DOWER.

1. A provision previous to the marriage of a female infant in bar of dower, thirds, and all claim upon the personal estate of the husband, if precarious and uncertain, as, that the personal estate shall go according to the custom of London, does not bar her. Smith v. Smith. 189 2. Dower established against assignees under a joint commission of bankruptcy upon the estates purchased

181

1. Parties having claims under and against a will must elect. Wollen v. Tanner. 218

2. Whether the infant issue of tenant in tail was bound by the election of his parent, Quære. Long v. Long.

445 3. Election decreed between two claims under and against a will. Blount v. Bestland. 515

See Laches, 1.
ENROLMENT OF DECREE.
See Laches, 2.
EQUITABLE INTEREST.
See Assignment. Insolvent Act.
EQUITABLE JURISDICTION.
See Jurisdiction.

EQUITY OF REDEMPTION.
See Mortgage.
ERROR.

See Account, Practice, 18, 19.

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FACTOR.-See Lien.
FATHER.-See Parent and Child.
FEES (ACCOUNT OF).

See Jurisdiction, 6, 7.
FEME.-See Baron and Féme.
FINE.

670

1. A bill in equity not sufficient to prevent the operation of a fine at law.

238 2. Remainder under an old settlement barred by a fine and non-claim; the fine also working a discontinuance. The Defendants producing the lease for a year and a copy of the release, the original not being forthcoming, the bill was retained, with liberty to bring an ejectment; and in default the bill to be dismissed with costs. Snell v. Silcock.

See Costs, 1. FORFEITURE.-See Pleading, 3. FRANCHISE.-See Jurisdiction, 6.

FRAUD.

469

1. On the ground of fraud a general account was decreed; and the secu rities to stand only for the balance; though the vouchers had been de stroyed by general consent. Wharton v. May.

27

FRAUD-continued.

2. Bill to set aside the sale of a reversion dismissed with costs; the only ground on the evidence being inadequacy of price; and no fraud, &c.; and the bill filed twelve years after the sale. Moth v. Atwood. Page 845 See Bankrupt, 13. Construction, 2, 3. Costs, 2. Evidence, 2, 3. Principal and Agent, 1, 4. FRAUDS (STATUTE OF). See Trust, 3. Will, 11, 39. FRAUDULENT SETTLEMENT. To impeach a settlement after marriage under the Statute 13th Elizabeth the husband must be proved to have been indebted at the time, and to the extent of insolvency. The creditor not producing any evidence, his bill was dismissed; with liberty to file another. Lush v. Wilkinson.

G.

384

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See Exoneration, 2. Will.
IMPOSITION.-See Fraud.
IMPROPRIATOR.-See Purchaser, 3.
INDIA.-See Infant Trustee, 1.

INDIA-SHIP (SALE OF COMMAND).
See East India Ship.

INFANT.-See Construction, 2. Domi-
cil, 6. Dower, 1. Maintenance, 1, 2, 3, 4.

GENERAL ORDER-In Bankruptcy, INFANT TRUSTEE.

see page 578.

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1. An infant trustee ordered to convey an estate in Calcutta under the Statute 7 Ann. c. 19. Ex parte Ander

son.

240

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INSURANCE.

See Annuity, 9, 10. Bankrupt, 9.
INTEREST.

A written undertaking to pay at a day
certain, or on demand, as a pro-
misory note, carries interest from
the day, or the demand; as at law
it is given by way of damages.
Upton v. Lord Ferrers. Page 801

See Trust, 7. Will, 7.

INTEREST, EQUITABLE.
See Assignment.

INTEREST, VESTED.
See Vested Intercst.

ISSUE (dying without).
See Perpetuity.

ISSUE IN TAIL.-See Election, 2.

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