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8, 9.

2, 3)

See ADMINISTRATOR pendente lite, 1 2. As to time for shewing cause against
i BARON and FEME, 1, 2, 3, 4, 5, 6, 7, conditional orders, (See Practice 6)

178
Costs, 4.

3. Personal interrogatories, when to be

settled by the master, (See Practice,
7)

ibid.
4. As to costs on exceptions, See Costs,

241
F

5. On demurrer to the whole bill being

allowed, (See Practice, 11) - 304
FINE.

GRAND-FATHER AND
1. A fine sur concessit begins to operate

GRAND-CHILD
as a bar only from the execution ;
Sembl.

228 1. A grand-father having taken the chil.
2. Fine and non-claim by a trustee to a dren of a son who had ruined himself,

person having notice of the trust, shall educated them entirely, and by his will
not bar the cestui que trust : It is gave the son an annuity, provided he
merely a conveyance. Kennedy v. did not interfere with the children,
Daly,

355, 379

and then gave legacies to the children.
3. One taking from a trustee, with no- Lord BATHURST held that the grand-
tice, levies a fine to strengthen his

father had put himself in loco parentis,
estate ; this shall not bar the cestui and decreed interest on the legacies, 5
que trust,

379 2. So, per Lord Rosslyn, where a testa-
4. A person coming to a title which is tor gave legacies to the natural chil.

bound by an equitable right, cannot, dren of his son, payable at a future
by levying a fine, discharge his estate day, and gave no maintenance in the
from the consequences of that right, mean time; but gave directions how

380 they should be educated, and attempt-
5. Where a fine is levied upon a posses-

ed to make testamentary guardians,
sion gained in such a way that the

6
title on which the equity attaches, is
: or where the possession

GREAT SEAL.
is gained on a confidence, and it is at-
tempted to make title contrary to that 1. An inquisition taken in England under
confidence, a' fine and non-claim will a commission of lunacy issued there,
make no bar,

981 is not sufficient to found a grant of

lands in Ireland. There must be an
FRAUDS, (STATUTE OF) inquisition and finding under the au-

thority of the great seal in Ireland.
See AGENT,1,

Matter of the Duchess of Chandois, e
AGREEMENT, 3, 4, 6, 7, 8, 9,

lunatic,

301
10, 12,
EVIDENCE, 1.

GUARDIAN.
1. Where a testamentary guardian has

not acted, the mode of proceeding in

order to have a guardian appointed is
G

by petition ; it is not necessary to file

a bill. Secus, if after acting, he has
GENERAL RULES.

misconducted' himself. O'Keeffe v.
Casey,

106
1. Asto disolving injunctions, (See Prac-

feb 11:
tice, 1)

not altered : Por

I

tion, an answer is put in, swearing in
such a manner that an injunction can-

not be maintained on it; if the answer
INDEMNITY.

be afterwards falsified, the court will
1. ;4. covenants to indemnify lands settled

put the plaintiff in the same situation

as if the answer had been originally
on B. from certain debts, the interest

fair,

308
of which B. is afterwards obliged to

See LANDLORD and Tenant, 1, 2.
pay: B. is entitled under the cove-

PRACTICE, 1, 8.
nant to come against the estate of A.
for the sums so paid for interest, with

INQUISITION.
interest thereon. Executors of Fergus
v. Gore,

107

See GREAT SEAL, 1.
2. B. had a right to claim whatever a
jury would have given in the shape of

INSOLVENT.
damages, if an action had been brought
on the covenant,

109

See Costs, 4.
INDICTMENT.

INTEREST.
See AFFIDAVIT, 1.

1. Purchase money remaining in the pur-
INFANT.

chaser's hands to pay off incumbrances,

shall bear interest. Hughes v. Kear-
1. An infant cannot avail himself of his

ney,

134

2. Interest on the arrear of an annuity
infancy to excuse the non-assertion of
his right under an executory agree-

bequeathed to a married woman for

her sole and separate use, not given,
ment made with his ancestor ; where

though the fund was productive, and
the immediate performance of his part

though there was a large residuum. An-
of the contract is essential to the inter-

derson v. Dwyer,

301
est of the other contracting party. Grif-
fin v. Griffin,

352

INTERROGATORIES,

PERSONAL
INJUNCTION.
1. Tenant restrained from cutting turf See PRACTICE, 7.

1. To be settled by the master,
for sale, (his lease giving a right of
estovers only) notwithstanding an un-

JOINT-TENANT.
interrupted practice for eighty years.
Lord Courtown v. Ward,

8

See MARRIAGE ARTICLE, 1, 2
2. Where a verdict at law has been ob-
tained against a defendant who neglects

JUDGMENT.
to apply for a new trial within the
time appointed by the rules of the court 1. A. taking an assignment of a judgment
of law, this court will not entertain a

from an assignee, is bound to look to
bill for an injunction on the ground that

the assignment to him : if he neglects
the plaintiff's demand was unconsci-

to do so, and it prove that such assign-
entious, or that it was subject matter

ment was in trust for the conusor, the
for an account: provided it was com-
petent to the party to lay those grounds

judgment being satisfied, A. cannot set

it up against creditors. But if A.took
before the jury on the trial, or before
the court of law on motion for a new

it without knowing of the fraud, he
shall be satisfied by the persona

who
trial. Bateman v. Willoe,

201
assigned to him,

162
3. Where, to a bill filed for an injunc-

See PAPIST, 3.

REGISTRY, 6, 7.

-

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“ if she does not marry without the

consent of her trustees, the sum of
LACHES.

“ 400l. one moiety to be paid her upon

“ her marriage with such consent, the
See LIS PENDENS, 1.

“ other moiety in one year after : but

“ if said M. was then married or should
LANDLORD AND-TENANT.

“ marry without such consent, said

" sum to sink into his personal fortune."
1. The possession of a tenant even when

M. being unmarried, is not entitled
abusing his right, or exercising it to an

immediately either to principal or in-
extent not authorised by his tenure, is

terest : not to principal, because mar-
still the landlord's possession ; and the

riage is a condition precedent, and the
allowance for the abuse for any length legacy therefore contingent until then :
of time shall not give the tenant a right

nor to interest, because the legacy is
to continue it,

8

payable in fuiuro, and there is no suf-
2. Where there have been various deal-

ficient ground of implication that in-
ings between landlord and tenant, so as

terest was intended in the mean time.

Ellis v. Ellis,
to produce an account too complicated
to be taken at law; and the landlord 2. A legacy out of a personal fund, be-
has brought ejectment for non-payment

queathed generally, without assigning
of rent, the tenant may file a bill, before

any time for payment, bears interest
judgment at law; for an account on

only from a year after the death of the
the foot of those dealings, and to have

testator, though the fund out of which
the balance applied to the rent claim-

it is to be paid consist of stock and
ed to be due, and for an injunction.

other matters yielding immediate pre-
O'Connor v. Spaight,

fit. Pearson v. Pearson, 10

305
3. In such case the tenant need not bring

3. In such case, interest is payable from
in the rent, under statute 4 Geo. 1, c. 5,

the end of the year, though the fund
ibid.

does not come to be disposable for the
See RENEWAL, 3..

payment of the legacies until long after ;

and if the fund is productive within the
LAPSE OF TIME.

year, the intermediate profits belong

to the residuary legatee,
See POSSESSION, 1.

4. But if the legacy be charged on Jands,
LIMITATIONS, 4, 5.

interest is payable from the death of the

testator, or not at all,
LEASE pur auter vie.

5. Legacy to executor, to be distributed

amongst the poor relations of testator.
See EXECUTOR and ADMINISTRATOR,

A relation who was poor at the time of
1.

testators death, but became rich before

distribution, not entitled. Mahony
LEASE coupled with loan of Money.

Savage,

111

6. A specific legacy cannot, in a subse-
1. When a loan of money is an induce-

quent part of the will be charged with
ment to granting a lease, it vitiates the See ADMINISTRATOR pendente lite, 1.

payment of debts and legacies, 339
whole transaction,

194
See USURY, 1, 2, 3, 4, 6, 7.

GRANDFATHER and GRANDCHILD,

, 2.
LEGACY.

PARENT and CHILD, 1.

LIEN.
1. E. E, his

eldest son, bequeaths him a trifling an- 1. Purchase money unpaid, ispirimafacie,
...puity, and bequeaths to M. the daugh-
ter of his said son, "if unmarried and

alien on the lands sold ; and if a secu.
rity is taken for that money, it lies on

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7

the vendee to shew that the vendor ing in such a situation that the de-
agreed to rest on that security and to fendant might at any time have ap-
: discharge the lands. Hughes v. Kear- plied to dismiss the bill if he had
ney,

132 thought fit: he shall not avail himself
2. A note passed by a vendee to a trus- of laches in the plaintiff in not pro--

tee for part of the purchase money, out ceeding in bar of the relief sought.
of the amount of which incumbrances Giffard v. Hort,

386, 405
then not ascertained were to be satisfi- 2. Secus Sembl. If the 'suit had abated
ed, and the balance only paid to the in the mean time,

ibid.
vendor, is not such a security as will
discharge the lien on the lands, 132

LUNACY.
LIMITATIONS, (STATUTE OF) See GREAT SEAL, 1.

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2. Where lands are divided in trust for

payment of debts, the statute of lim-
tations runs not, in equity, after the

M
death of testator, against debts not bar-
red thereby at his death. Executors
of Fergus v. Gore,

107 MARRIAGE, (ARTICLES ON)
2. But if the statute had run before the

death of testator, it may be set up; 1. By articles previous to the marriage
for the debts are presumed to be paid,

of W. T. with R. F the father of W.

ibid. 7. “ bound the whole of the farm of,
3. The true meaning of the statute of “ &c. as a dowry or marriage portion

limitations, as applied to títles to land, “ to his son W. T. along with R. F.
is, that the party shall have twenty

one half of said farm to be the right
years, during which it should be open title and interest of the issue, wheth-
to him to proceed to assert his title. er son or daughter, if begotten on
Bond v. Hopkins,

413 “ the body of R. F. by W. 7:9 The
4. Though the statute of limitations does

issue take as tenants in common. Tag-
not apply in terms to proceedings in gart v. Taggart,
equity, yet such proceedings are affect. 2. Joint-tenancy, as a provision for the
ed by analogy to the statute : so that, children, of a marriage, is an incon-
in general, it a party be guilty, of such venient mode of settlement,

88
, laches in pursuing his equitable title 3. Limitation in a marriage article, to A.
as would bar him at law, he shall be

for life, subject to annuities for the
barred in equity. But equity will re-

lives of B. and C. and a charge for a
move the legal bar proceeding from jointure for D. if she should survive A.
lapse of time, as it would any other and after the death of said B. and C.
legal advantage, if sought to be used A. and D. then to the use of the issue,
unconscientiously. Ibid.

428, 431

&c.: The limitation to the issue is not
5. Lapse of time shall not prejudice a to await the deaths of A. B, C. and D.

person who has title, while seeking a but they are to take upon the death of
discovery of that title from persons A. subject to the charges for B. C. and
who have possessed theinselves of the

D. Bushell v. Bushell, 90, 95
evidences of it. Ibid.

413, 425
See POSSESSION, 1.

MEMORANDA.
LIS PENDENS.

Of changes on the Bench, &c. 136, 239
1. Where there is a suit pending for for.

MEMORIAL.
ty years, and not abated, but remain-

See EVIDENCE, 3, 4.

MORTGAGE.

6 at any time thereafter during his

life be qualified by law sa to do.
1. Mortgagee having got possession of In 1778 he becomes qualified by law to
mortgagor's title deeds, lodged them carry these articles into execution.
with an attorney, who claimed a lien The lands were not specifically bound
on them for business done for mort. by these articles until 1778, and there.
gagee. On the application of mortga- fore judgments subsequent to 1764,
gor, mortgage was restrained from but before 1778, were prior liens.
proceeding at law upon his collateral Kennedy v. Daly,

355
security. Schoole v. Sall, - 176 2. To hold that the articles of 1764
2. But it was referred to the master to bound the lands specifically, would

take an accourt of what was due for defeat the intent of the parties, by giv-
principal, intetest, and costs, and the ing a title to a protestant discoverer,
costs of the proceedings at law, and

371
the money to ba paid into the bank and 3. Judgment creditors were not bound
remain until the title deeds should be by the articles of 1764 prior to the
secured, the nortgagor paying the statute 17 & 18 Geo. 3. From the

costs at law and in equity, 177 passing of that statute they were
3. Mortgagee has a right to proceed on bound,

373
his mortgage and bond at the same 4. A papist neglecting to take the oaths
time, (being an exception to the rule, prescribed by the statute 17 & 18 Geo.
that a pariy shall not sue at law and 3, c. 49, within six months, &c. was
in equily at the same time); but mort- not protected by that statute from a
gagor shall not be obliged to pay upon protestant information, nor enabled to
his bond, unless secure of his title sue: but the consequences of such ne-

deeds being delivered up, ibid. glect are removed by statute 33 Geo.
4. An executor of a mortgagee restrain- 3, c. 21, upon his performing the re-

ed from enforciog payment, and the quisites therein mentioned, 355, 381.
money ordered into court, where there
was no heir of the mortgagee who PARENT AND CHILD.

177
See REGISTRY, 5.

1. In case of a legacy left by father to

child, the child having no other pro-
vision, it is a necessary implication

that the legacy shall bear interest :
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but this implication is ousted if he pro-
vides any maintenance for the child,

llowever small the maintenance, and
NOTICE.

however large the legacy. Ellis v.
Ellis,

5
See JUDGMENT, 1.
REGISTRY, 1, 2, 3.

PAROL EVIDENCE.

could re-convey,

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See EVIDENCE, 1, 2.

PART-PERFORMANCE.
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1. Part-performance does not take a case
PAPIST.

out of the statute of frauds at law,

though it does in equity. O'Herlihy
1. A papist, by articles on his marriage, v. Hedges,

123, 130
in 1764, agrees to convey to trustees See AGREEMENTS, 4, 5.
“ in strict settlement, in case he should

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