See ADMINISTRATOR pendente lite, 1 2. As to time for shewing cause against
BARON and FEME, 1, 2, 3, 4, 5, 6, 7,

8, 9,

COSTS, 4.

F

FINE.

conditional orders, (See Practice 6)

228 1.

-

GRAND-FATHER AND
GRAND-CHILD

304

A grand-father having taken the chil-
dren of a son who had ruined himself,
educated them entirely, and by his will
gave the son an annuity, provided he
did not interfere with the children,
and then gave legacies to the children.
Lord BATHURST held that the grand-
father had put himself in loco parentis,
and decreed interest on the legacies, 5
379 2. So, per Lord Rosslyn, where a testa-
tor gave legacies to the natural chil-
dren of his son, payable at a future
day, and gave no maintenance in the
mean time; but gave directions how
they should be educated, and attempt-
ed to make testamentary guardians,

1. A fine sur concessit begins to operate
as a bar only from the execution;
Sembl.
2. Fine and non-claim by a trustee to a
person having notice of the trust, shall
not bar the cestui que trust: It is
merely a conveyance. Kennedy v.
Daly,
355, 379
3. One taking from a trustee, with no-
tice, levies a fine to strengthen his
estate; this shall not bar the cestui
que trust,
4. A person coming to a title which is
bound by an equitable right, cannot,
by levying a fine, discharge his estate
from the consequences of that right,
380
5. Where a fine is levied upon a posses-
sion gained in such a way that the
title on which the equity attaches, is
not altered or where the possession
is gained on a confidence, and it is at-
tempted to make title contrary to that 1.
confidence, a fine and non-claim will
make no bar,
381

:

INJUNCTION.

352

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
308
fair,

See LANDLORD and Tenant, 1, 2.
PRACTICE, 1, 8.

INQUISITION.

See GREAT SEAL, 1.

INSOLVENT.

See COSTS, 4.

INTEREST.

1. Purchase money remaining in the pur-
chaser's hands to pay off incumbrances,
shall bear interest. Hughes v. Kear-

..134
ney,
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,.

İNTERROGATORIES,
PERSONAL.

1. To be settled by the master,

1. Tenant restrained from cutting turf See PRACTICE, 7.
for sale, (his lease giving a right of
estovers only) notwithstanding an un-
interrupted practice for eighty years.
Lord Courtown v. Ward,

8

2. Where a verdict at law has been ob-
tained against a defendant who neglects
to apply for a new trial within the
time appointed by the rules of the court
of law, this court will not entertain a
bill for an injunction on the ground that
the plaintiff's demand was unconsci-
entious, or that it was subject matter
for an account: provided it was com-
petent to the party to lay those grounds
before the jury on the trial, or before
the court of law on motion for a new
trial. Bateman v. Willoe,

201
3. Where, to a bill filed for an injunc-

JOINT-TENANT.

See MARRIAGE ARTICLE, 1, 2.

1.

JUDGMENT.

301

A.taking an assignment of a judgment
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
162
assigned to him,
See PAPIST, 3.

REGISTRY, 6, 7.

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 until long after;
and if the fund is productive within the
year, the intermediate profits belong
to the residuary legatee,
4. But if the legacy be charged on lands,
interest is payable from the death of the
testator, or not at all,
- 11
5. Legacy to executor, to be distributed
amongst the poor relations of testator.
A relation who was poor at the time of
testators death, but became rich before
distribution, not entitled. Mahon v
Savage,

111
6. A specific legacy cannot, in a subse-
quent part of the will be charged with
See ADMINISTRATOR pendente lite, 1.
payment of debts and legacies,
GRANDFATHER and GRANDCHILD,
1, 2.

PARENT and CHILD, 1.

1. Purchase money unpaid, is prima facie,
alien on the lands sold, and if a secu-
rity is taken for that money, it lies on

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

death of testator, it may be set up;
for the debts are presumed to be paid,
ibid.

3. The true meaning of the statute of
limitations, as applied to titles to land,
is, that the party shall have twenty
years, during which it should be open
to him to proceed to assert his title.
Bond v. Hopkins,

413

2.

M

MARRIAGE, (ARTICLES ON)

84

1. By articles previous to the marriage
of W. T. with R. F the father of W.
7. "bound the whole of the farm of,
"&c. as a dowry or marriage portion
"to his son W. T. along with R. F.
"one half of said farm to be the right
"title and interest of the issue, wheth-
"er son or daughter, if begotten on
"the body of R. F. by W. I" The
issue take as tenants in common. Tag-
gart v. Taggart,
Joint-tenancy, as a provision for the
children of a marriage, is an incon-
venient mode of settlement,
Limitation in a marriage article, to A.
for life, subject to annuities for the
lives of B. and C. and a charge for a
jointure for D. if she should survive A.
and after the death of said B. and C.
A. and D. then to the use of the issue,
&c.: The limitation to the issue is not
to await the deaths of A. B. C. and D.
but they are to take upon the death of
A. subject to the charges for B. C. and
D. Bushell v. Bushell,

4. Though the statute of limitations does
not apply in terms to proceedings in
equity, yet such proceedings are affect-
ed by analogy to the statute: so that,
in general, if a party be guilty, of such
laches in pursuing his equitable title 3.
as would bar him at law, he shall be
barred in equity. But equity will re-
move the legal bar proceeding from
lapse of time, as it would any other
legal advantage, if sought to be used
unconscientiously. Ibid. 428, 431
5. Lapse of time shall not prejudice a
person who has title, while seeking a
discovery of that title from persons
who have possessed themselves of the
evidences of it. Ibid.
413, 425
See POSSESSION, 1.

LIS PENDENS.

1. Where there is a suit pending for for-
ty years, and not abated, but remain-

MEMORANDA.

-

88

90, 95

Of changes on the Bench, &c. 136, 239

MEMORIAL.

See EVIDENCE, 3, 4.

MORTGAGE.

1. Mortgagee having got possession of
mortgagor's title deeds, lodged them
with an attorney, who claimed a lien
on them for business done for mort-
gagee. On the application of mortga-
gor, mortgagee was restrained from
proceeding at law upon his collateral
security. Schoole v. Sall,

"at any time thereafter during his
"life be qualified by law so to do."
In 1778 he becomes qualified by law to
carry - these articles into execution.
The lands were not specifically bound
by these articles until 1778, and there-
fore judgments subsequent to 1764,
but before 1778, were prior liens.
Kennedy v. Daly,

355
2. To hold that the articles of 1764
bound the lands specifically, would
defeat the intent of the parties, by giv-
ing a title to a protestant discoverer,

371

3. Judgment creditors were not bound
by the articles of 1764 prior to the
statute 17 & 18 Geo. 3. From the
passing of that statute they were
bound,
373

176
2. But it was referred to the master to
take an account of what was due for
principal, interest, and costs, and the
costs of the proceedings at law, and
the money to be paid into the bank and
remain until the title deeds should be
secured, the mortgagor paying the
costs at law and in equity,
177
3. Mortgagee has a right to proceed on
his mortgage and bond at the same 4.
time, (being an exception to the rule,
that a party shall not sue at law and
in equity at the same time); but mort-
gagor shall not be obliged to pay upon
his bond, unless secure of his title
deeds being delivered up,
ibid.
4. An executor of a mortgagee restrain-
ed from enforcing payment, and the
money ordered into court, where there
was no heir of the mortgagee who
could re-convey,
177
See REGISTRY, 5.

-

1. A papist, by articles on his marriage,
in 1764, agrees "to convey to trustees
"in strict settlement, in case he should

A papist neglecting to take the oaths
prescribed by the statute 17 & 18 Geo.
3, c. 49, within six months, &c. was
not protected by that statute from a
protestant information, nor enabled to
sue: but the consequences of such ne-
glect are removed by statute 33 Geo.
3, c. 21, upon his performing the re-
quisites therein mentioned, 355, 381.

PARENT AND CHILD.

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:
but this implication is ousted if he pro-
vides any maintenance for the child,
however small the maintenance, and
however large the legacy. Ellis v.
Ellis,

PAROL EVIDENCE.

See EVIDENCE, 1, 2.

PART-PERFORMANCE.

5

1. Part-performance does not take a case
out of the statute of frauds at law,
though it does in equity. O'Herlihy
v. Hedges,
123, 130
See AGREEMENTS, 4, 5.