« PreviousContinue »
10. A creditor coming in to prove bis 4. Feme covert executrix shall be an.
debt after a dividend made, (provided swerable to creclitors at law, after the
committed by him during the cover-
336 must be presumed taken with the pri.
See PRACTICE, 13, 14,
1. Executrix marries, and she and her
husband admit assets in answer to a
CASES DOUBTED, DENIED,
...183 1. Acherly v. Vernon, 1 P. Wms.'173,
6. Carter v. De Brune, Dick. 39 over tator, the costs are to be paid out of
240 the general fund. Pearson v. Pearson,
294 exceptions before an order of refer-
240 stamp duties in addition to the usual
11 3. In case such exceptions shall be re-
in Ambl. 147, probably incorrect, 296 the plaintiff the costs of the excep-
35 the costs of the exceptions disailow-
378 4. It is a settled rule that the executors
318, doubted whether the facts support See PRACTICE, 11.
33 SOLICITOR, 3.
69 1. Tenant under a power to make leases
without fine and at the best improved
yearly rent that can be had, cove-
nants to lay out 2001. in improve-
ments. This is not necessarily a fraud
on the remainder-man, provided the
cept” a particular chose in action de if it be colourable at the beginning, or
creditors have a right to the benefit of
the diligence of any of them, 156
2. Bill filed by a creditor on behalf of
himself and other creditors, and a re-
ceiver appointed; the receiver shall
not be discharged upon the consent of
the plaintiff, against the consent of an
incumbrancer, who is a party defen-
dant. Largan v. Bowen, 296
3. So, although an incumbrancer were
not a party, nor had proceeded in the
suit, and were obliged to file a new
bill, yet, Sembl. the court would not
discharge the receiver, and would di-
4. Creditors are not restrained from
ment against an equitable title; and it
is not competent to a court of law to
decide upon the distinction between a
clear equity and a doubtful equity.
Per KELLY, J. Lord Massey v.
compensation for non-performance of
an agreement; such relief must be
equity, it is not sufficient to shew that
injustice has been done; it must be
shewn that the court is warranted to
ed to interfere, on the ground that an
unconscientious verdict has been had
at law against plaintiff, if it was com-
petent to him to have laid that ground
before the court of Law. Bateman v.
cannot be taken at law, equity inter-
feres ; as, in complicated accounts.
So, where a verdict is obtained by
possessed himself improperly of some-
thing whereby he has an unconscien-
sufficient ground for equity to avoid a
duty it was to make the disclosure.
409 5. Suppression of deeds under particular
circumstances, is a ground for the in-
tervention of equity to prevent the
operation of a fine, though levied by
the person having the legal estate,
Sembl. But it is clearly so in the case
of a trustee, and that, notwithstanding
6. A bill filed in 1757, by H. pretending to
be a devisee, charging that B. the only
son of testator, was illegitimate, and 2, commanding judges to seal a bill of
cord; this is the proper subject of a
See PRACTICE, 3, 4.
legatee ; and leaving a sum of money
fically executed, there be an omission, this money to the payment of the se.
equity. But it seems that a plaintiffin these securities, and pays him as re-
38, 39 estate of W. C. shall be answerable
the assignment of a judgment is evi. on failure of T., as well for the sum
the registry of a deed is evidence of wbich is under the controul of both :
ibid. the other to pay his co-executor. Se-
cus, if the signing be of necessity, and
See ADMINISTRATOR pendenie lite, 1 2. As to time for shewing cause against
3. Personal interrogatories, when to be
5. On demarrer to the whole bili being
allowed, (See Practice, 11) - 304
228 1. A grand-father having taken the chil.
person having notice of the trust; shall educated them entirely, and by his will
355, 379 and then gave legacies to the children.
tice, levies a fine to strengthen his father had put himself in loco parentis,
379 2. So, per Lord Rosslyn, where a testa-
bound by an equitable right, cannot, dren of his son, payable at a future
380 they should be educated, and attempt-
381 is not sufficient to found a grant of
lands in Ireland. There must be an
thority of the great seal in Ireland.
Matter of the Duchess of Chandois, e
not acted, the mode of proceeding in
order to have a guardian appointed is
by petition, it is not necessary to file
a bill. Secus, if after acting, he has
misconducted himself. O'Keeffe v.