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GENERAL INDEX..

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TET

..AGENT.

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meloffice copy is not sufficient. Thougts

* otherwise in case of a civil action.
4. .ARATEMENT. . . -Seinble, Keenan v. Boylan, - 232
See Lis Pendens, 1, 2.'
ACCOUNT.

1. Agent to contract for the sale, &c. of

lands under the 2d sect. of the statute
1. The court will not open a settled ae- of frauds, need not be authorized in

count, where it has been signed, or a writing. Secus of agent to create or
security taken on the foot of it, unless pass an estate. Clinan v. Cooke, 22,
for fraud or errors, distinctly speci-

27, 31.
fied in the bill and supported by cvi. 2. Agent authorized to make agreements
* dence. Drew v. Power, p. 182, 192. for leases for lives or years, makes an
2. Equity takes cognizance of matters, agreement in which the term of the

which, though cognizable at law, are proposed lease is not mentioned. This
• involved in an account too complex to is an agreement not pursuant to his

be accurately taken on a trial at authority, and not binding on his prina
law, - - • • • 309 cipal, 1994 1973

: - 33
Sce EQUITY, 3.

3. A principal is answerable for the act

of his agent in concealing or suppres-
ADMINISTRATOR.

sing of deeds, though not done with the

knowledge of the principal. Bowler
See ExECUTOR and ADMINISTRATOR. v. Stewart, 209, 222.
ADMINISTRATOR pendente lite.

AGREEMENT.

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
merely to collect the effects and to pay ought not to decree a specific per-
debts: he has no authority to pay lega. formance, except where the right to
cies; yet if he does pay them bona compel is mutual. Lawrenson v. But.
fide, he shall have credit for them, ler, - - - - - 13

254 2. But if there was a concealment or ig.

norance of the facts on the one part,
AFFIDAVIT.

in consequence of which the other

party was led into a situation from
1. The original affidavit ought to be laid whence he could not be extricated, he
before the grand jury, in order to find would have a right to have the agree.
bills of indictment for perjury ; the ment executed cy tires, although the
g am73 erstates to
• 73

right to compel were not mutual, 11. Bill praying execution of an agree-
31 A DARC J10 92319 10

18, 19. ment for a lease of lives, ought to
3. A. by public advertisement offers name the lives to be inserted. O'Her-
slands to be let for three lives or thirty- lihy v. Hedges, - . 123, 128.
sone years and proposals having been 12. Agreement for an abatement of rent

made by B. and accepted, an agree- of lands ought to be signed pursuant to
-ment is executed between B. and the the statute of frauds, .. 306
- agent of A. authorized to contract for See INFANT, 1..
him for a lease of the lands, in which SPECIFIC EXECUTION, 1.

agreement the term for which the
Jolease is to be made is not mentioned.

ÁNNUITY.
I A. is not bound to perform this con-
intract, there being no evidence in wri. 1. Annuity to a feme covert for her sole
orting of the term to be demised. Cli. and separate use, is not apportionable
ienan v. Cooke, 93 2 3 for the period between the day of her
4. Payment of money, although not death and the gule day preceding.
Samerely by way of earnest, is not a Anderson v. Dwyer, -.,301
Spart-performance to tåke an agree-
8 ment touching lands out of the sta.

APPEAL."
tute,insy

a

.SG 40
5. Nothing is part-performance in such 1. An appeal lies at the suit of tenant in
s case that does not put the party into a tail in remainder, against a decree
t' situation that is a fraud upon liin if affecting his rights, had against a prior

the agreement be not performed. 41 tenant in tail. And in case of abate-
6. Tenant for life with leasing power,"ment such remainder-man.may file a
9Centers into an agreement by article, supplemental bill to make himself
- to make a lease pursuant to the pow- party to the former suit, for the pur.
rers This agreement shall bind the pose of appealing. Giffard v. Hort,
remainder-man.DEShannon v. Brad-

C . 386, 412
betreet, - - - - . 52 See DECREE, 3, 4. *
7. In such case, there is a privity be-
Vtween tenant for life and reniainder- APPORTIONMENT.
woman, arising from the subject matter
of the contractists O O S80 64 See ANNUITY 1.'

- .
8. Contracts for jointures, though made
s only in pursuance of a jointuring pow-

ARREST."
#tere, shall bind the remainder-man ; so,

contracts for valuable consideration to See BANKRUPT, 5, 6.
9dexecute a power, or to make a charge
- of any description under a power : so, · ARTICLES.
& where there las been an imperfect
29execution, but upon a meritorious con- 1. Articles are considered as heads or
* sideration, 90 91 - 60 minutes of an agreement; and in con-
91Tenant for life with leasing power,
onenters into a parol agreement to make what is the contract which the parties
to lease pursuant to his power, which intended to enter into. *
satis in part performed : whether this Taggart v. Taggart, . . 87
nishall bind the remainder-man, Qu? 72 Campbell v. Sandys,

292
10. If an executory contract contains all 2. By articles, relating to leases pur
m ate deads to future certainty, it is auter vie and for years, and to money,
si sufficient: therefore an agreement for "it was agreed that said leases for lives
terentg at a certain sum per acre, the and for years should be conveyed to
tonumber of acres not being expressed, trustees in trust (after successive life
919 geód, Ta

end
estates to D. C. and I. C.)" after the

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** 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

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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

9

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.

2010

suis 1. Executrix marries, and she and her Rasa 0 70FUSTEROS

husband admit assets in answer to a
bill filed against them. The assets
become a debt of the husband in respect
of this admission, and may be proved CASES DOUBTED, DENIED.
under a commission of bankruptcy is-

OR OVERRULED.
1 sued against them. Matier of MTFil-
liams, a Bankrupt,

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,

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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,
7. Doe, ex dem. Blake v. Luxton, 6 Term
* Rep. 292, a dictum of Lorp KENYON, 2. Where a defendant submits to answer

doubted,' . . - ". 294. exceptions before an order of refer-
8. Hyde v. Foster, Dick. 110, overruled, ence, plaintiff shall be entitled to the

.240 stamp duties in addition to the usual
9. Maxwell v. whettenhall, 2 P. 'Wms. - costs. General Ruie;

241
- 27, (4th point) doubted, -" '11 3. In case such exceptions shall be re-
10. Prichard v. Quinchant, as reported ferred to the master, he shall tax to

in Ambl. 147; probably incorrect, 296 'the plaintiff the costs of the excep-
• 11. Parteriche v. Powlett, 2 Atk. 383, tions allowed, and to the defendant

imperfectly reported, . : 35 the costs of the exceptious disallow.
12. Salisbury v. Baggot, 1 Ch. Cas. 278, lowed, and strike the balance, ibid.
doubted,

. . '..-1378 4. It is a settled rule that the executors
13. Tawney 7. Crowther, 3 Bro C.-C..of an insolvent shall not have costs, 280
** 318, doubted whether the facts support See PRACTICE, 11.
-- the decree. .

. ** 33 "SOLICITOR, 3. ?
14. Weakly ex dem. Yea v. Bucknell, evin i.

Cowp: 473, and Goodtitle w. Bailey, BC - COVENANT.
: Cowh.587, denied by Mr. Justice KEL- ! !***?"
LY, (note)

. 69 1. Tenant under a power to make leases
15. Zouch v. Woolston, 2 Bur. 1136, pàs- without fine and at the best improved
**sages therein doubted, .. 66, 71 yearly rent that can be had, cove-

nants to lay out 2001. in improve-
CHOSE IN ACTION.

ments. This is not necessarily a fraud

on the remainder-man, provided the
1. Bequest of all my property in A.ex. rent be the best that can be got, But
... 66 cept” a particular chose in action de if it be colourable'at the beginning, or

scribed in the will : other choses in be afterwards used fraudulently, a
action found in A. (such as mortgage court of equity will take care that it
deeds, bonds, and banker's receipts) shall not prejudice. Shannon v: Brads
do not pass, notwithstanding the ex: Street, 13 21 3 1172

ception. Vaughan v. Brook, . 318 See INDEMNITY, 1, 2.19150 9111 In
2. Bank notes would have passed, they
being quasi cash, - .. 319. INICREDITORNXA
CONSTRUCTION OF DEEDS, 1. In proceedings by Ereditors, all the
&c.

creditors have a right to the benefit of

the diligence of any of them, 156
See ARTICLES, 1, 2.

2. Bill filed by a creditor on behalf of

himself and other creditors, and a re-
CONTRACT.

ceiver appointed; the receiver shall

not be discharged upon the consent of
See AGREEMENT.

the plaintiff, against the consent of an

incumbrancer, who is a party defen-
*289B. : COPY.”

dant. Largan v. Bowen, 903 br 296

3. So, although an incumbrancer were
See EVIDENCE, 3, 4.:

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-
1. Where a suit is occasionsd by a diffi- b rect that such bill should be taken as
culty arising from the will of the tese filed at the same time with the for-

mer, -

ibid.

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-pain.

COSTS.

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