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· 1806

-mands; and thus, though according to the primary object

of the act, the registry ought to protect the purchaser, by this construction the unregistered deed, in effect, collaterally and indirectly defeats him.

: The words of the act themselves, if transposed, reddendo
siugula singulis, without adding to, or omitting one of them
will avoid this consequence. I read the fifth section thus :
. And be it further enacted that every deed or conveyance
“ not registered, which shall be made and executed, from
:“ and after the 25th day of March, 1708, of all or any of
** the honors, manors, &c. contained in such deed or con-
“ veyance, a memorial, whereof shall be registered, shall be
6 deemed and adjudged as fraudulent and void, not only
" against such deed or conveyance registered as aforesaid,
" as for and concerning all or any of the honors, manors,
6. &c. contained in such memorial, &c. but likewise against
". all and every creditors by judgment, recognizance," &e.
This reading transposes the words “ as for and concerning
“all or any of the honors, manors, &c. contained in such
“ memoral :" but by reading them as they stand in the act
after “ all and every creditor and creditors by judgment,
&c. we fall into the difficulty which I put in the last case.
That was an extreme case, and put only by way of illustra-
tion and example: but in various ways the same inconveni-
ence will be found to result, though in different degrees,
from confining the priority which a judgment creditor has
got over an unregistered deed, merely to the lands com-
prized in the memorial of a deed which is registered.

It may be worth observing here, that the deed of 1747 is registered, and that the lands which are sought to be affected by this proceeding, are mentioned in the memorial of it; and perhaps it may be inferred from the defendant's argument, without pushing it too far, that the judgment VOL. I.

3 P

1806.

creditor will prevail against this deed, when any prior unregistered deed shall be found to contend with it; and that in the mean time the right of the judgment creditor may rest in abeyance.

. Abstracted, however, from any reasoning upon the act itself, I think the uniform construction of courts of law and equity in this country for so long a period, so far as we have been able to collect it, ought to be sufficient to in. Auence this court to the opinion which it is about to pronounce : more especially when we reflect that upon the faith of that construction, judgments have become, for near a century, common securities to those who lend money; and that mortgages, comparatively speaking, have been seldom resorted to. A judgment it is true, strictly speaking, is no lien upon the land ; but it is an incumbrance hovering over it ; and we have always considered that an unregistered deed, executed by the conusor of the judgment, cannot intervene and prevent it from settling on his real

estates.

We therefore concur in opinion that the exception should be over-tuled

7

GENERAL INDEX

A

office copy is not sufficient. Though

otherwise in case of a civil action.
ABATEMENT,

Seinble, Keenan v. Boylan, 232
See Lis PENDENS, 1, 2.

AGENT.
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 ac 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 evi- 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 prin.
law,
309 cipal,

33
See 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, Bowles
See EXECUTOR and ADMINISTRATOR. y. 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 thein 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 pres, although the

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right to compel were not mutual, 11. Bill praying execution of an agree-

18, 19. ment for a lease of lives, ought to
3. A. by public advertisement offers name the lives to be inserted. O'Her-
lands to be let for three lives or thirty lihy v. Hedges,

123, 128,
one 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
lease is to be made is not mentioned.

ANNUITY.
A. is not bound to perform this con-
tract, there being no evidence in wri. 1. Annuity to a feme covert for her sole
ting of the term to be demised. Cli and separate use, is not apportionable
nan v, Cooke,

23 for the period between the day of her
4. Payment of money, although not death and the gale day preceding.
merely by way of earnest, is not a Anderson v. Dwyer,

301
part-performance to take an agree-
ment touching lands out of the sta-

APPEAL.
tute,

40
5. Nothing is part-performance in such 1. An appeal lies at the suit of tenant in

case that does not put the party into a tail in remainder, against a decree
situation that is a fraud upon hiri 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

enters 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-
er: This agreement shall bind the pose of appealing. Giffard v. Hort,
remainder-man. Shannon v. Brad-

386, 412.
street,

52 See DECREE, 3, 4.
7. In such case, there is a privity be-
tween tenant for life and remainder-

APPORTIONMENT.
man, arising from the subject matter
of the contract.

64 See ANNUITY, 1.
8. Contracts for jointures, though made
only in pursuance of a jointuring pow-

ARREST.
er, shall bind the remainder-man ; so,
contracts for valuable consideration to See BANKRUPT, 5, 6.
execute a power, or to make a charge
of any description under a power : so,

ARTICLES
where there has been an imperfect
execution, but upon a meritorious con- ļ. Articles are considered as heads or
sideration,

60 minutes of an agreement; and in con-
9. Tenant for life with leasing power, struing them, the court is to consider
enters into a parol agreement to make what is the contract which the parties
a lease pursuant to his power, which intended to enter into.
is in part performed : whether this Taggart v. Tuggart,

87
shall bind the remainder-man, Qu ? 72 Campbell v. Sandys,

292
10. If an executory contract contains all 2. By articles, relating to leases fur
that leads to future certainty, it is auter vie and for years, and to money,
sufficient : therefore an agreenient for it was agreed that said leases for lives
rent, at a certain sum per acre,

the and for years should be conveyed to
number of acres not being expressed, trustees in trust (after successive life
is good,

estates to D. C. and J. C.)" after the

73

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« decease of J.C. to the issue of J. and that in case of the husband faliing 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. Metter of Mur.
" issue to the heirs, executors and ad- phy, a Bankrupt,

44
“ministrators of said J. during said 2. But the wife's own fortune may be
« leases : the money, or the lands thus settled, (Vid. infra. 9.) 47
% 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” as a fraud on the bankrupt laws; it not
there directed ; " and for want of such being possible to enforce it against the
appointment to be equally divided deltor except in the character of
« among such children, share and bankrupt. Ex parte Henecy, (cit.)

share alike; and if no children of
$ 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, yet if it issue to compel pay-
REGISTRY, 4.

ment of a debt, it is an arrest under

the statute 11 and 12 Geo. 3, c. 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 pro-
ATTORNEY.

tection of the bankrupt act, • 175

8. Executrix marries, and her husband
See SOLICITOR.

and she admit assets in answer to a
bill filed against them. The assets
become a debt of the husband in res-
pect of this admission, and may be

proved under a cominission of bank-
Е. В ТА
ruptcy issued against him,

173
9. A trader on his marriage receives
BANK NOTES.

6001. his wife's fortune, and gives a

bond 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, previous pal 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 credi-
it is covenanted that the sum men tor on behalf of the wife, for interest,
tioned in the bond is to be payable only allowed as far as the 6002. but not for
in the event of the wife surviving the the remaining 4001. Matter of Meag
husband; and it is also covenanted her, a Bankrupt,

179

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