L

LACHES.

See Lis PENDENS, 1.

LANDLORD AND TENANT.

1. The possession of a tenant even when
abusing his right, or exercising it to an
extent not authorised by his tenure, is
still the landlord's possession; and the
allowance for the abuse for any length
of time shall not give the tenant a right
to continue it,

8

2. Where there have been various deal-
ings between landlord and tenant, so as
to produce an account too complicated 2.
to be taken at law; and the landlord
has brought ejectment for non-payment
of rent, the tenant may file a bill, before
judgment at law; for an account on
the foot of those dealings, and to have
the balance applied to the rent claim-
ed to be due, and for an injunction.
O'Connor v. Spaight,
305
3. In such case the tenant need not bring
in the rent, under statute 4 Geo. 1, c. 5,
ibid.

-

3.

"if she does not marry without the
"consent of her trustees, the sum of
"4007. one moiety to be paid her upon
"her marriage with such consent, the
"other moiety in one year after: but
"if said M. was then married or should

marry without such consent, said
66 sum to sink into his personal fortune.”
M. being unmarried, is not entitled
immediately either to principal or in-
terest: not to principal, because mar-
riage is a condition precedent, and the
legacy therefore contingent until then:
nor to interest, because the legacy is
payable in futuro, and there is no suf-
ficient ground of implication that in-
terest was intended in the mean time.
Ellis v. Ellis,

1

A legacy out of a personal fund, be-
queathed generally, without assigning
any time for payment, bears interest
only from a year after the death of the
testator, though the fund out of which
it is to be paid consist of stock and
other matters yielding immediate pro-
fit. Pearson v. Pearson,

10
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,
12

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 oftestator.
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
339
See ADMINISTRATOR pendente lite, 1.
payment of debts and legacies,
GRANDFATHER and GRANDCHILD,
1, 2.

1.

PARENT and CHILD, 1.

LIEN.

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

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

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,

177

"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,
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.

N

NOTICE.

See JUDGMENT, 1.
REGISTRY, 1, 2, 3.

P

PAPIST.

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. Ellie v.
Ellis,

PAROL EVIDENCE.

See EVIDENCE, 1, 2.

PART-PERFORMANCE.

5

5. Power of appointment in such shares
and proportions as husband and wife
should by any deed in writing direct,
not well executed by appointment by
the will of the husband with a written
endorsement thereon made by the wife
after his death, expressing her appro-
90, 96.
bation. Bushell v. Bushell,
6. Nor would it have been better if the
wife had ratified it at the time of the
execution, it being revocable by the
ibid.
husband during his life,
AGREEMENT, 6, 7, 8.
COVENANT, 1.

See

2.

3.

4.

3. Non-execution of a power is where 5.
nothing is done. Defective execution
is, where there has been an intention
to execute, and that intention suffi-
ciently declared; but the act declar-
ing the intention is not an execution in
the form prescribed.

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Where an injunction is obtained for
want of an answer, defendant may dis-
solve it by giving the rule to dissolve,
and the second rule in six days after,
which shall be absolute without further
order, unless plaintiff files exceptions
in four days, or moves on equity con-
fessed in eight days, or on the first day
of motions afterwards; notice of such
motion having been entered with the
register; and all such motions shall be
listed and called on at the sitting of the
court on such motion day. General
Rule,