« PreviousContinue »
: : : A :
meloffice copy is not sufficient. Thougts
* otherwise in case of a civil action.
1. Agent to contract for the sale, &c. of
lands under the 2d sect. of the statute
count, where it has been signed, or a writing. Secus of agent to create or
which, though cognizable at law, are proposed lease is not mentioned. This
be accurately taken on a trial at authority, and not binding on his prina
: - 33
3. A principal is answerable for the act
of his agent in concealing or suppres-
sing of deeds, though not done with the
knowledge of the principal. Bowler
1. The nature of the authority conferred 1. Where nothing has been done in pur.
on an administrator pendente lite is suance of an agreement, the court
254 2. But if there was a concealment or ig.
norance of the facts on the one part,
in consequence of which the other
party was led into a situation from
right to compel were not mutual, 11. Bill praying execution of an agree-
18, 19. ment for a lease of lives, ought to
made by B. and accepted, an agree- of lands ought to be signed pursuant to
agreement the term for which the
the agreement be not performed. 41 tenant in tail. And in case of abate-
C . 386, 412
contracts for valuable consideration to See BANKRUPT, 5, 6.
** decease of I. C. to the issue of J. and that in case of the luisband failing in " A. C. in such shares and proportions his circumstances, but not otherwise, " as the said J. should appoint ; and the trustee shall sue on the bond. The *' for want of such appointment, to go husband becomes bankrupt living the
to such children equally, share and wife. The trustee ought not to be ad· « share alike ; and for default of such mitted a creditor. Malter of Mur. : 6 issue to the heirs, executors and ad. phy, a Bankrufit, .. ... 44 « ministrators of said J. during said 2. But the wife's own fortune may be « leases : the money, or the lands this settled, (Vid. infra. 9.) 47 66 agreed to be purchased therewith, 3. A contract to make a legal debt not “ to go to the issue of said J. and A. enforceable till death or bankruptcy is « in such shares and proportions” asa fraud on tlie bankrupt laws; it not there directed; " and for want of suclr being possible to enforce it against the
appointment to be equally divided debtor except in the character of :56 among such children, share and bankrupt. Ex parte Henecy, (cit.) :* share alike; and if no children of u said marriage, or all should die be- 4. Equitable as well as legal debts are “ fore twenty-one," then a power to proveable in bankruptcy, ,, 48 dispose of said money. Issue was con- 5. A bankrupt, pending his examination, strued children, and the issue of J. is protected from an arrest, made by: and A. took the absolute interest in virtue of an attachment, issued for a * the chattel property, and a quasi fee , contempt in not lodging money in court in the freehold property. Campbell v. pursuant to a decree. Matter of Sandys,";.
- 281 M Williams, a Bankrupt, - . 169 See MARRIAGE ARTICLES, 1.
6. Though the form of the process be PAPIST, 1, 2, 3.
criminal, vet if it issue to compel payREGISTRY, 4.
ment of a debt, it is an arrest under
the statute 11 and 12 Geo. 3, f. 8, ASSIGNMENT.
sect. 28, - - - -, ibid.
7. Every mode by which a creditor can See JUDGMENT, 1.
arrest a bankrupt for a debt, whether
in law or equity, comes within the proATTORNEY.
tection of the bankrupt acts used 175
8. Executrix marries, and her husband See SOLICITOR.
and she admit assets in answer to a bill filed against then. The assets become a debt of the husband in rest pect of this admission, and may be proved under a commission of bank
ruptcy issued against him, 173
9. A trader on his marriage receives BANK NOTES.
6001. his wife's fortune, and gives a
hond for 1,0001. to a trustee, the inter See CHOSE IN Action, 2.
est payable to himself for life if he
shall continue solvent, but in case of BANKRUPT.
his death, or insolvency, the interest
to his wife for her life, and the princi. 1. A bond is given by a trader, previouspal among the children of the mar
to his marriage, to a trustee, and by riage." On his bankruptcy, the claim marriage settlement of the same date of the trustee to be admitted a credi2 it is covenanted that the sum men- tor on behalf of the wife, for interest, o'tioned in the bond is to be payable only allowed as far as the 600l. but not for stin the event of the wife surviving the the remaining 4001. Matter of Meag. 5 husband; and it is also covenanted her, a Bankrupt, • • 179
10 140 bis.31157823203) ads 2015! yo es as 921
911 10. A creditor coming in to prove his 4. Feme covert executrix shall be an.
debt afier a dividend macle, (providedswerable to creditors at law, after the the delay was not fraudulent, but ow- coverture, for waste committed by the ing to accidentor unavoidable circum- husband during the coverture, 257 stances) shall be put on a footing with 5. The law has no form of action by which the other creditors, before any further the assets of the husband of a feme exdividend is made. Matter of Whelan, ecutrix arechargeable for a devastavit a Bankruft,
. 242 committed by him during the cover11. T. bolds shares in a trading compa- ture, -
- - 261 ny in trust for W, who by his will ap- 6. But equity will relieve in such case, e points 7, his residuary legatee : T. on the principle that the property came
continues in possession of the shares into the husband's possession bound by and becomes bankrupt. The shares a trust, 5
ibid. are not within the meaning of the bank. 7. And if the assets of the original testaosrupt, act 11 and 12 Geo. 3, c. 8, . 9, tor remained in the hands of the hus
inasmuch as T. is himself the true band, and went to his executors in she"owner and proprietor thereof,” sub- ucie, an action at law might be maintainject however, to the debts and legacies ed for them, -, - OW 262
of W. Joy v. Campbell, - 328 8. Feme executrix commits waste before 12. The object of that clause in the bank- coverture; the husband shall not be
rupt act is, to prevent deceit by a charged at law after coverture ; and trader from the visible possession of equity will not vary this rule at law property to which he is not entitled : on the ground of his having or not that is, where the possession is not in having received a portion with his the true owner, but in one whom the wife, SAT-T
2 63 true owner unconscientiously permits 9. Administration taken by a feme covert to have it. terte
- 336 must be presumed taken with the pri13. That credit has been given on the vity and aşsent of the husband, s. 266
foot of the property does not bring the See BANKRUPT, 1, 2, 7. ti baderos
case within the act, video e 338 99gt 14. The effect of the ninth section 11 BILL TO PERPETUATEK
and 12 Geo. 3, c. 8, is not a forfeiture Sd TESTIMONY.sc son ob of the property by the owner, 7 SS8 818
៩ វចុះៗ 0 BARRON AND FEME.
suis 1. Executrix marries, and she and her Rasa 0 70FUSTEROS
husband admit assets in answer to a
183 1. Acherly o. Vernon, 1 P. Wm3. 173, 2. Feme covert obtains administration doubted, a and the goods are wasted during the 2. Allan v. Bower, 3 Bro. C. C. doubt-,
coverture; the husband dies; his as- ed, sets are chargeable in equity for the 3. Beynon v. Gollins 2. Bro. C. C. 323, waste comunitted during the coverture. and Dick. 697, erroneously reported, Adair v, Shaw, . 243
259 3. Whether the wife surviving shall not 4. Blakeway v. Earl of Strafford, 2 Eg. be charged, if the assets of the husband Abr. 579, doubted, prove insufficient; Qu.? Sernble. that 5. Campbell v. Leach, Ambl.749, a passhe stall,-.
ibid. sage there doubted,
6. Carter v. De Brune, Dick. 39 over- tator, the costs are to be paid out of
Tuled, . **.". ..". 240.- the general fund. Pearson v. Pearson,
doubted,' . . - ". 294. exceptions before an order of refer-
.240 stamp duties in addition to the usual
in Ambl. 147; probably incorrect, 296 'the plaintiff the costs of the excep-
imperfectly reported, . : 35 the costs of the exceptious disallow.
. . '..-1378 4. It is a settled rule that the executors
. ** 33 "SOLICITOR, 3. ?
Cowp: 473, and Goodtitle w. Bailey, BC - COVENANT.
. 69 1. Tenant under a power to make leases
nants to lay out 2001. in improve-
ments. This is not necessarily a fraud
on the remainder-man, provided the
scribed in the will : other choses in be afterwards used fraudulently, a
ception. Vaughan v. Brook, . 318 See INDEMNITY, 1, 2.19150 9111 In
creditors have a right to the benefit of
the diligence of any of them, 156
2. Bill filed by a creditor on behalf of
himself and other creditors, and a re-
ceiver appointed; the receiver shall
not be discharged upon the consent of
the plaintiff, against the consent of an
incumbrancer, who is a party defen-
dant. Largan v. Bowen, 903 br 296
3. So, although an incumbrancer were
5 not a party, nor had proceeded in the
suit, and were obliged to file a new
bill, yet, Sembl, the court would not
o discharge the receiver, and would di-