Page images
PDF
EPUB

ARGUED AND DETERMINED IN THE

HIGH COURT OF CHANCERY,

DURING THE TIME OF

LORD CHANCELLOR THURLOW,

AND OF
THE SEVERAL LORDS COMMISSIONERS OF THE GREAT SEAL,

AND

LORD CHANCELLOR LOUGHBOROUGH,

From 1778 to 1794.

By WILLIAM BROWN, ESQ.

OF THE INNER TEMPLE, BARRISTER AT LAW,

FIFTH EDITION,
WITH IMPORTANT CORRECTIONS AND ADDITIONS,

FROM THE REGISTRAR'S BOOKS;
From the Author's MS. Notes in his own Copy, intended for a further

Edition; from various MS. Notes of the highest authority, by eminent
contemporary and dignified Members of the Profession.

TOGETHER WITH

OBSERVATIONS FROM THE SUBSEQUENT REPORTS ON THE CASES

REPORTED BY MR. BROWN,
AND DECISIONS ON THE POINTS OF LAW TO THE PRESENT TIME.

By ROBERT BELT, ESQ.
OF THE INNER TEMPLE, BARRISTER AT LAW.

IN FOUR VOLUMES.

VOL. II.

LONDON:

PRINTED BY A. STRAHAN, LAW-PRINTER TO HIS MAJESTY ;
FOR HENRY BUTTERWORTH, LAW-BOOKSELLER,
No. 7. FLEET STREET, BETWEEN THE TEMPLE GATES;
AND R. MILLIKEN, DUBLIN.

[ocr errors]

THE AUTHOR'S PREFACE

TO

THE SECOND VOLUME.

THE following sheets contain the principal cases which have received 1 adjudications in the court of Chancery during the last year. Several others, of considerable importance, were argued, but, not having received judgment, it was thought improper to make them part of this publication ; but, as the Reporter intends, if life, health, and leisure shall permit him, to publish the cases of each succeeding year, somewhat before the subsequent Michaelmas Term, until he shall have completed, at least, another volume, of the same size with that he published last year, those cases which were not ripe for production now, will appear in the order in which they shall be finally determined : and, at the close of the volume, proper tables will be added to the whole. The Reporter feels himself bound to repeat his thanks to his friends who have favoured him with their assistance, and to express, though faintly, his sentiments of gratitude to the profession, for the favourable reception with which his former volume has been honoured.

No. 2. Pump-COURT, TEMPLE,

16 Oct. 1786.

ERRATA, ADDENDA, &c.

Pages 63, 64.

252.

Ibid. (252.)

To Cooper v. Forbes, add the following note: -" It was, however,

settled to the contrary in the important case of Clarke v. Blake, postea, 320. Quod vide, with the Editor's note, which refers to the

“ determination in C. P. 2 H. Bl. 399., and S. C. 2-Ves. jun. 673." Under the title of the cause Cookson v. Edison, insert (Reg. Lib. 1786.

A. fol. 596.)
After the last word of note (4) add (5), to which annex as follows: –

“ This course is now the most frequent. See. Dawson v. Buck,

2 Madd. Rep. 184. &c.” Clarke v. Blake. Let note (1) commence thus : -" The M. R. had

determined contra in Cooper. v. Forbes, antea, 63, 64.," and the ques

tion, &c.
7th line from bottom of note: - For “every" read “even.”
9th line from bottom; -- For “ special readi" specific.”

[merged small][ocr errors]

TABLE OF CASES
..CITED AND STATED, EXPLAINED, OR CORRECTED.

Hewit

[ocr errors]

D...

[ocr errors]
[ocr errors]

A.

Cotton v. Lee

-- Page 564

ACKROID v. Smithson - Page 593

[Creuze v. Hunter, 500 editor's note.)

Crosley v. Clare

Adams v. Hewit

44. 282

- -

Allieurs and Grimes

356 | Crump and Dagley . . 619 n.

Cull v. Showel

Allwright and Holme

Ambrose v. Ambrose -

33

Andrews and Mallison

26 n.

| Dacre (Lord) and Rees

Applebee and Edwards

• 652 n. | Dagley v. Crump

• 619 n.

Attorney General v. Baliol Coll. . 494 |

Darwin and Russel .' 639 n.
- v. Downing - 295, 296 | Dashwood v. Fendon

. 329
-- v. Hoare . 495 Davis and Warren . - 254

-0. Johnson - ib. | Davis v. Topp - - 959 n.
-v. Parkin 110, 111-113 Deighton and Lane .

289
Downing and Attorney-General 295, 296
Downing Col. (Case of)

498

Baliol Coll. and Attorney-General 494 | Downing v. Townshend

330

Bannister and Lemaitre

E.

Bedford Duke and Earl of Kinnoul 230

| Edwards v. Applebee
Bennet v. Mayhew - . 287

-652
Berkely v. (Earl of) Salisbury .519
116 Eyre v. Ivison .

* 563

Bland v. Bland .

- 43

Bonny v. Ridgard

438. 477 Farrer v. Lewis -

640

Brampston and Measter

Fendon and Dashwood

Brewer (Rex v.)

93 n. Fephoulet and Scott (an unreported point)

Butter and Potts

. 184 n.

. 86

Flanagan v. Flanagan

199

Floyer v. Sherrard

411

Careless and Stewart
564 Foy v. Hollis .

524
Carnevali and Wesket . . 182 n. Francis v. Rucker -

598
Cartwright v. Cartwright - 114 | Frankland and Hamilton

255

Cartwright and Carysfort . 177

Carysfort v. Cartwright

. G.

Cavendish v. Cavendish - 25 n. Godolphin and Child

566

Child v. Godolphin

566 Graham v. Lord Londonderry . 246

Clare and Crosley

44. 228 n. | Grey (Lord) and (Duke of) Somerset, 69

Clarke v. Swaine - - 414 | Griffith v. Spratley - 179 n.

Clarke and Wride

261 n. | Grimes v. Allieurs . :. 356

Clerke v. Smith

409 Gun v. Prior

. 145

". Coghlan v. Requeneau : . 183 n. Gwillam v. Holland (an unreported point)

... Colson and Ready .. . 452

Compton v. Bearcroft

158 n.

H. •

Cooke v. Ogle (an unreported point) 592 Hamilton v. Frankland"

255

Cornwallis (Lord) case

254 Hearne v. Mears (1 Vern. 455. corrected)

176 n.

[ocr errors]
« PreviousContinue »