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4. Creditors are not restrained from *
proceeding at law merely because
a decree is obtained, equity considers 1. The legal title must prevail in eject-
ment against an equitable title; and it
is not competent to a court of law to
decide upon the distinction between a
clear equity and a doubtful equity.
Per KELLY, J. Lord Massey v.
Touchstone, (note) -
See LANDLORD and TENANT, 2.
La compensation for non-performance of
an agreement ; such relief must be
equity, it is not sufficient to shew that
injustice has been done; it must be
shewn that the court is warranted to
interfere. And equity is not warrant-
ed to interfere, on the ground that an
unconscientious verdict has been had
at law against plaintiff, if it was com-
petent to him to have laid that ground
before the court of Law. Bateman y.
Darties of those whose rights are affect cannot be taken at law, equity inter-
tected by it: Giffard v. Hort, 386 possessed himself improperly of some-
or re-hear the cause, . 409 sufficient ground for equity to avoid a
circumstances, is a ground for the in-
tervention of equity to prevent the
operation of a fine, though levied by
the person having the legal estate,
Sembl. But it is clearly so in the case
of a trustee, and that, notwithstanding
6. A bill filed in 1757, by H. pretending to
be a devisee, charging that B. the only
son of testator, was illegitimate, and 2, commanding judges to seal a bill of
. i ' ibid.
cord; this is the proper subject of a
bill of exceptions,
. .. 82
See PRACTICE, 3, 4.
lives or thirty-one years; B. entered EXECUTOR AND ADMINISTRA.
22, 33 legatee ; and leaving a sum of money
fically executed, there be an omission, this money to the payment of the se-
equity. But it seems that a plaintiff in these securities and pays him as re-
38, 39 estate of W. f. shall be answerable
3 28, 340
the registry of a deed is evidence of which is under the controul of both :
tents of the deed, the original must be one ; for it amounts to a direction by
cus, if the signing be of necessity, and
both, . -
See ADMINISTRATOR pendente lite, 1 2. As to time for shewing cause against
3. Personal interrogatories, when to be
7) - - - . - ibid.
allowed, (See Practice, 11) - 304
Sembi. - - - - 228 1. A grand-father having taken the chil-
person having notice of the trust, shall educated them entirely, and by his will
Daly, - - - - 355, 379 and then gave legacies to the children.
379 2. So, per Lord Rosslyn, where a testa-
bound by an equitable right, cannot, dren of his son, payable at a future
380 they should be educated, and attempt-
sion gained in such a way that the
lands in Ireland. There must be an
thority of the great seal in Ireland.
Marter of the Duchess of Chandois,&
lunatic, - - • - 301
1. Where a testamentary guardian has
not acted, the mode of proceeding in
- - - . 106
in" GENERAL RULES.
tice, 1) -
tion, an answer is put in, swearing in
such a manner that an injunction can-
not be maintained on it; if the answer
be afterwards falsified, the court will
put the plaintiff in the same situation
as if the answer had been originally
fair', - - - - - 308
See LANDLORD and Tenant, 1, 2.
PRACTICE, 1, 8.
See GREAT SEAL, 1.
1. Purchase money remaining in the pur-
chaser's hands to pay off incumbrances,
shall bear interest. Hughes v. Kear-
hi ·ney, - -
- - - 134
2. Interest on the arrear of an annuity
bequeathed to a married woman for
her sole and separate use, not given,
though the fund was productive, and
though there was a large residuum.An-
derson v. Dwyer, , - - 301
1. To be settled by the master,
from an assignee, is bound to look to
the assignment to him : if he neglects
to do so, and it prove that such assign-
ment was in trust for the conusor, the
judgment being satisfied, A.cannot set
it up against creditors. But if A. took
it without knowing of the fraud, he
shall be satisfied by the person, who
assigned to him,
- . . - 162
REGISTRY, 6, 7.
“ if she does not marry without the
« consent of her trustees, the sum of
“ 400l. one moiety, to be paid her upon
« her marriage with such consent, the
“ other moiety in one year after : but
< if said M. was then married or should
« marry without such consent, said
« sum to sink into his personal fortune."
M. being unmarried, is not entitled
immediately either to principal or in-
terest : not to principal, because mas.
riage is a condition precedent, and the
legacy therefore contingent until then :
nor to interest, because the legacy is
payable in fuiuro, and there is no suf-
ficient ground of implication that in-
terest was intended in the mean time.
Ellis v. Ellis, -
- - 1
the landlord 2. Algacy out of a personal fund, be.
queathed generally, without assigning
any time for payment, bears interest
only from a year after the death of the
testator, though the fund out of which
it is to be paid consist of stock and
other matters yielding immediate pre-
fit. Pearson v. Pearson,
w bring 3. In such case, interest is payable from
the end of the year, though the fund
does not come to be disposable for the
• payment of the legacies untillong after ;
and if the fund is productive wiihin the
year, the intermediate profits belong
to the residuary legatee, - 12
interest is payable from the death of the
testator, or not at all, -
5. Legacy to executor, to be distributed
amongst the poor relations of testator.
A relation who was poor at the time of
distribution, not entitled. Mahon v
Savage, - - - - 111
6. A specific legacy cannot, in a subse-
quent part of the will be charged with
payment of debts and legacies, 339
See ADMINISTRATOR pendente lite, 1.
GRANDFATHER and GRANDCHILD,
PARENT and Child, 1.
ming ap- 1. Purchase money unpaid, ispirima facie,
a lien on the lands sold ; and if a secu.
110 rity is taken for that money, it lies on
See Possession, 1.