Page images
PDF
EPUB

-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 ." deemed and adjudged as fraudulent and void, not only "against such deed or conveyance registered as aforesaid, .66 as for and concerning all or any of the honors, manors, "&c. contained in such memorial, &c. but likewise against “all and every creditors by judgment, recognizance," &c. 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 illustration and example: but in various ways the same inconvenience 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 comprized in the memorial of a deed which is registered.

[ocr errors]

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

[blocks in formation]

1806

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 influence 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-ruled.

7

[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

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

18, 19.

ment for a lease of lives, ought to
name the lives to be inserted. O'Her-
lihy v. Hedges,
123, 128.
12. Agreement for an abatement of rent
of lands ought to be signed pursuant to
the statute of frauds,
See INFANT, 1.

3. A. by public advertisement offers
lands to be let for three lives or thirty-
one years; and proposals having been
made by B. and accepted, an agree-
ment is executed between B. and the
agent of A. authorized to contract for
him for a lease of the lands, in which
agreement the term for which the
lease is to be made is not mentioned.
A. is not bound to perform this con-
tract, there being no evidence in wri- 1.
ting of the term to be demised. Cli-
nan v. Cooke,

[ocr errors]

40

23
4. Payment of money, although not
merely by way of earnest, is not a
part-performance to take an agrée-
ment touching lands out of the sta-
tute,
5. Nothing is part-performance in such 1.
case that does not put the party into a
situation that is a fraud upon him if
the agreement be not performed.
6. Tenant for life with leasing power,
enters into an agreement by article,
to make a lease pursuant to the pow-
er: This agreement shall bind the
remainder-man. Shannon v. Brad-

[blocks in formation]

41

[ocr errors]

SPECIFIC EXECUTION, 1.

ANNUITY.

306

[blocks in formation]

An appeal lies at the suit of tenant in
tail in remainder, against a decree
affecting his rights, had against a prior
tenant in tail. And in case of abate-
ment such remainder-man may file a
supplemental bill to make himself
party to the former suit, for the pur-
pose of appealing. Giffard v. Hort,

52 See DECREE, 3, 4.

7. In such case, there is a privity be
tween tenant for life and remainder-
man, arising from the subject matter
of the contract.

APPORTIONMENT.

64 See ANNUITY, 1.

ARREST.

8. Contracts for jointures, though made
only in pursuance of a jointuring pow-
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,
where there has been an imperfect
execution, but upon a meritorious con-
"sideration,

[ocr errors][ocr errors]

60

9. Tenant for life with leasing power,
enters into a parol agreement to make
a lease pursuant to his power, which
is in part performed: whether this
shall bind the remainder-man, Qu? 72
10. If an executory contract contains all
that leads to future certainty, it is
sufficient: therefore an agreenient for
rent, at a certain sum per acre, the
number of acres not being expressed,
is good,

73

ARTICLES.

386, 412.

[blocks in formation]

"decease of J. C. to the issue of J. and
"A. C. in such shares and proportions
(6 as the said J. should appoint; and
"for want of such appointment, to go
“to such children equally, share and
"share alike; and for default of such
"issue to the heirs, executors and ad-
"ministrators of said J. during said
"leases: the money, or the lands
agreed to be purchased therewith,
"to go to the issue of said J. and A.
"in such shares and proportions" as
there directed; " and for want of such

[ocr errors]

appointment to be equally divided
66 among such children, share and
"share alike; and if no children of
"said marriage, or all should die be-
"fore twenty-one," then a power to
dispose of said money. Issue was con-
strued children, and the issue of J.
and A. took the absolute interest in
the chattel property, and a quasi fee
in the freehold property. Campbell v.
Sandys,

[ocr errors]

See MARRIAGE ARTICLES, 1.

PAPIST, 1, 2, 3.
REGISTRY, 4.

ASSIGNMENT.

See JUDGMENT, 1.

ATTORNEY.

See SOLICITOR.

B

BANK NOTES.

See CHOSE IN ACTION, 2.

BANKRUPT.

281

1. A bond is given by a trader, previous
to his marriage, to a trustee, and by
marriage settlement of the same date
it is covenanted that the sum men-
tioned in the bond is to be payable only
in the event of the wife surviving the
husband; and it is also covenanted

[blocks in formation]

6. Though the form of the process be
criminal, yet if it issue to compel pay-
ment of a debt, it is an arrest under
the statute 11 and 12 Geo. 3, c. 8,
sect. 28,
ibid.
7. Every mode by which a creditor can
arrest a bankrupt for a debt, whether
in law or equity, comes within the pro-
tection of the bankrupt act,

-

❤ 173

175
8. Executrix marries, and her husband
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-
ruptcy issued against him,
9. A trader on his marriage receives
600/. his wife's fortune, and gives a
band for 1,000l. to a trustee, the inter-
est payable to himself for life if he
shall continue solvent, but in case of
his death or insolvency, the interest
to his wife for her life, and the princi-
pal among the children of the mar-
riage. On his bankruptcy, the claim
of the trustee to be admitted a credi-
tor on behalf of the wife, for interest,
allowed as far as the 6004. but not for
the remaining 400l. Matter of Meag
her, a Bankrupt,

179

« PreviousContinue »