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tion, an answer is put in, swearing in

such a manner that an injunction can-
INDEMNITY.

not be maintained on it; if the answer

be afterwards falsified, the court will
1. ,1. covenants to indemnify lands settled

put the plaintiff in the same situation
on B. from certain debts, the interest

as if the answer had been originally
of which B, is afterwards obliged to See LANDLORD and Tenant, 1, 2.

fair,

308
pay: B. is evtitled under the cove-

PRACTICE, 1, 8.
nant to come against the estate of A.
for the sums so paid for interest, with

INQUISITION.
interest thereon. Executors of Fergus
v. Gore,

107
2. B. had a right to claim whatever a

See GREAT ŞEAL, 1.
jury would have given in the shape of

INSOLVENT.
damages, if an action had been brought
on the covenant,

109

See Costs, 4.
INDICTMENT.

INTEREST.
See AFFIDAVIT, 1.

1. Purchase money remaining in the pur-
INFANT.

chaser's hands to pay off incumbrances,
shall bear interest. Hughes v. Kear-
ney,

134
1. An infant cannot avail himself of his

infancy to excuse the non-assertion of 2. Interest on the arrear of an annuity
his right under an executory agree-

bequeathed to a married woman for

her sole and separate use, not giverf,
ment made with his ancestor ; where
the immediate performance of his part

though the fund was productive, and
of the contract is essential to the inter-

though there was a large residuum.An-
est of the other contracting party. Grif-

derson v. Dwyer,

301
fin v. Griffin,

352

INTERROGATORIES,

PERSONAL.
INJUNCTION.
i. Tenant restrained from cutting turf See Practice, 7.

1. To be settled by the master,
for sale, (his lease giving a right of
estovers only) notwithstanding an un-

JOINT-TENANT.
interrupted practice for eighty years.
Lord Courtown v. Ward,

8 See MARRIAGE ARTICLE, 1, 2.
2. Where a verdict at law has been ob.
tained against a defendant wlio neglects

JUDGMENT.
to apply for a new trial within the
time appointed by the rules of the court 1. A. taking an assignment of a judgmext
of law, this court will not entertain a
bill for an injunction on the ground that

from an assignee, is bound to look to

the assignment to him: if he neglects
the plaintiff's demand was unconsci-
entious, or that it was subject matter

to do so, and it prote that such assign-

ment was in trust for the conusor, the
for an account : provided it was com-
petent to the party to lay those grounds

judgment being satisfied, A.cannot set

it up against creditors. But if A.tock
before the jury on the trial, or before
the court of law on motion for a new

it without knowing of the fraud, hve
trial. Bateman v. Willoc,

shall be satisfied by the person who
201
assigned to him,

262
3. Where, to a bill filed for an injunc-

See PAPIST, 3.

REGISTRY, 6, 7.

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“ if she does not marry without the

6c consent of her frustees, the sum of
LACHES.

“ 4001. one moiety to be paid her upon

« her marriage with such consent, the
See LIS PENDENS, 1.

“ other moiety in one year after : but

“ if said M.was then married or should
LANDLORD AND TENANT.

“ marry without such consent, said

sum to sink into his personal fortune."

M. being unmarried, is not entitled
1. The possession of a tenant even when
abusing his right, or exercising it to an

immediately either to principal or in-

terest : not to principal, because mar-
extent not authorised by his tenure, is
still the landlord's possession ; and the

riage is a condition precedent, and the
allowance for the abuse for any length

legacy therefore contingent until then :
of time shall not give the tenant a right payable in futuro, and there is no suf-

nor to interest, because the legacy is
to continue it,

8
2. Where there have been various deal-

ficient ground of implication that in-

terest was intended in the mean time.
ings between landlord and tenant, so as

Ellis v. Ellis,

1
to produce an account too complicated 2. A legacy

out of a personal fund, be-
to be taken at law; and the landlord
has brought ejectment for non-payment

queathed generally, without assigning
of rent, the tenant may file a bill, before

any time for payment, bears interest

only from a year after the death of the
judgment at law; for an account on
the foot of those dealings, and to have

testator, though the fund out of which

it is to be paid consist of stock and
the balance applied to the rent claim-
ed to be due, and for an injunction.

other matters yielding immediate pro-
fit. Pearson v. Pearson,

10
O'Connor v. Spaight,

305
3. In such case the tenant need not bring

3. In such case, interest is payable from

the end of the year, though the fund
in the rent, under statute 4 Geo. 1, c.5,

ibid.

does not come to be disposable for the
See RENEWAL,

payment ofthe legacies untillong after ;

and if the fund is productive within the
LAPSE OF TIME.

year, the intermediate profits belong
to the residuary legatee,

12
See POSSESSION, 1.

4. But if the legacy be charged on lands,
LIMITATIONS, 4, 5.

interest is payable from the death of the
testator, or not at all,

11
LEASE pur auter vie.

5. Legacy to executor, to be distributed

amongst the poor relations of testator.
See EXECUTOR and ADMINISTRATOR,

A relation who was poor at the time of

testators death, but became rich before
1.

distribution, not entitled. Mahon v
Savage,

111
LEASE coupled with loan of Money.

6. A specific legacy cannot, in a subse-
1. When a loan of money is an induce-

quent part of the will be charged with

339
ment to granting a lease, it vitiates the See ADMINISTRATOR pendente lite, 1.

payment of debts and legacies,
whole transaction,

194

GRANDFATHER and GRANDCHILD,
See USURY, 1, 2, 3, 4, 6, 7.

1, 2.
LEGACY.

PARENT and CHILD, 1.

LIEN.
1. E. E. being on bad terms with his

eldest son, bequeaths him a trifling an- 1. Purchase money unpaid, is prima facie,
uity, and bequeaths to M. the daugh-

a lien on the lands sold ; and if a secu.
ter of his said son, “if unmarried and

rity is taken for that money, it lies on

the vendee to shew that the vendor ing in such a situation that the de-
agreed to rest on that security and to fendant might at any time have ap-
discharge the lands. Hughes v. Kear plied to dismiss the bill if he had
ney,

132

thought fit: he shall not avail himself
2. A note passed by a vendee to a trus of laches in the plaintiff in not pro-

tee for part of the purchase money, out ceeding in bar of the relief sought.
of the amount of which incumbrances Giffard v. Hort,

386, 405
then not ascertained were to be satisfi- 2. Secus Semol. If the suit had abated
ed, and the balance only paid to the in the mean time,

ibid.
vendor, is not such a security as will
discharge the lien on the lands, 132

LUNACY,

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

1. Where lands are divided in trust for

payment of debts, the statute of lim-
tations ruas not, in equity, after the

M
death of testator, against debts not bar-
red thereby at his death. Executors
of Fergus v. Gore,

107 MARRIAGE, (ARTICLES ON)
2. But if the statute had run before the

death of testator, it may be set up; 1. By articles previous to the marriage
for the debts are presumed to be paid,

of W. T. with R. F. the father of W.

ibid. 7. “ bound the whole of the farm of,
3. The true meaning of the statute of * &c. as a dowry or marriage portion

limitations, as applied to titles to land, to his son W. T. along with R. F.
is, that the party shall have twenty

one half of said farm to be the right
years, during which it should be open title and interest of the issue, wheth-
to him to proceed to assert his title. er son or daughter, if begotten on
Bond v. Hopkins,

413 “ the body of R. F. by W. 7.” The
4. Though the statute of limitations does issue take as tenants in common. Tag.
not apply in terms to proceedings in gart v. Taggart,

84
equity, yet such proceedings are affect. 2. Joint-tenancy, as a provision for the
ed by analogy to the statute : so that, children of a marriage, is an incon-
in general, if a party be guilty, of such

venient mode of settlement,

88
laches in pursuing his equitable title 3. Limitation in a marriage article, to A.
as would bar him at law, he shall be for life, subject to annuities for the
barred in equity. But equity will re-

lives of B. and C. and a charge for a
move the legal bar proceeding from jointure for D. if she should survive A.
lapse of time, as it would any other and after the death of said B. and C.
legal advantage, if sought to be used A. and D. then to the use of the issue,
unconscientiously. Ibid.

428, 431

&c.: The limitation to the issue is not
5. Lapse of time shall not prejudice a

to await the deaths of A. B. C. and D.
person who has title, while seeking a but they are to take upon the death of
discovery of that title from persons

A. subject to the charges for B. C. and
who have possessed themselves of the

D. Bushell v. Bushell,

90, 95
evidences of it. Ibid.

413, 425
See PosSESSION, 1.

MEMORANDA.
LIS PENDENS.

Of changes on the Bench, &c. 136, 239
1. Where there is a suit pending for for.

MEMORIAL.
ty years, and not abated, but remain-

See EVIDENCE, 3, 4,

MORTGAGE.

at any time thereafter during his

life be qualified by law so to do."
1. Mortgagee having got possession of In 1778 he becomes qualified by law to

mortgagor's title deeds, lodged them carry these articles into execution.
with an attorney, who claimed a lien The lands were not specifically bound
on them for business done for mort by these articles until 1778, and there.
gagee. On the application of mortga fore judgments subsequent to 1764,
gor, mortgagee was restrained from but before 1778, were prior liens.
proceeding at law upon his collateral Kennedy v. Daly,

355
security. Schoole v. Sall, 176 2. To hold that the articles of 1764
2. But it was referred to the master to bound the lands specifically, would

take an account of what was due for defeat the intent of the parties, by giv-
principal, interest, and costs, and the ing a title to a protestant discoverer,
costs of the proceedings at law, and

371
the money to be paid into the bank and 3. Judgment creditors were not bound
remain until the title deeds should be by the articles of 1764 prior to the
secured, the mortgagor paying the statute 17 & 18 Geo. 3. From the

costs at law and in equity, 177 passing of that statute they were
3. Mortgagee has a right to proceed on bound,

373
his mortgage and bond at the same 4. A papist neglecting to take the oaths
time, (being an exception to the rule, prescribed by the statute 17 & 18 Get.
that a party shall not sue at law and 3, c. 49, within six months, &c. was
in equity at the same time); but mort. not protected by that statute from a
gagor shall not be obliged to pay upon protestant information, nor enabled to
his bond, unless secure of his title sue : but the consequences of such ne.

deeds being delivered up, ibid. glect are removed by statute 33 Geo.
4. An executor of a mortgagee restrain 3, c. 21, upon his performing the re-

ed from enforcing payment, and the quisites therein mentioned, 355, 381.
money ordered into court, where there
was no heir of the mortgagee who PARENT AND CHILD.
could re-convey,

177
See REGISTRY, 5.

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 :
N

but this implication is ousted if he pro-
vides any maintenance for the child,

however small the maintenance, and
NOTICE.

however large the legacy. Elie v.
Ellie,

5
See JUDGMENT, 1.
REGISTRY, 1, 2, 3.

PAROL EVIDENCE.

See EVIDENCE, 1, 2.

PART-PERFORMANCE.
P

1. Part-performance does not take a case
PAPIST.

out of the statute of frauds at law,

though it does in equity. O'Herlihy
1. A papist, by articles on his marriage, v. Hedges,

123, 130
in 1764, agrees “ to convey to trustees See AGREEMENTS, 4, 5.
“ in strict settlement, in case he should

PERJURY.

*5. Power of appointment in such shares

and proportions as husband and wife
See APTIDAVIT, 1.

should by any deed in writing direct,

not well executed by appointment by
POOR RELATIONS.

the will of the husband with a written

endorsement thereon made by the wife
See RELATIONS, 1, 2, 3.

after his death, expressing her appro-

bation. Bushell v. Bushell, 90, 96.
POSSESSION.

6. Nor would it have been better if the

wife had ratified it at the time of the
1. Parties obtaining wrongful possession execution, it being revocable by the
and setting up a false title (under co husband during his life,

ibid.
lour of instruments finally condemned) See AGREEMENT, 6, 7, 8.
during the investigation of which they COVENANT, 1.
are protected in their possession by
the court, shall not avail themselves of

PRACTICE.
any length of possession, pending the
investigation, as a bar to the person 1. Where an injunction is obtained for
who ultimately proves to have the want of an answer, defendant may dis-

right. Bond x. Hopkins, 413 solve it by giving the rule to dissolve,
See LIMITATIONS, 4, 5.

and the second rule in six days after,

which shall be absolute without further
POWER.

order, unless plaintiff files exceptions

in four days, or moves on equity con-
1. Power was given to husband and wife fessed in eight days, or on the first day

by deed, and to the survivor by will of motions afterwards; notice of such
duly executed, to charge settled lands motion having been entered with the
for payment of debts or for younger register; and all such motions shall be
children. The wife surviving charged listed and called on at the sitting of the
the estate by will executed in the pre court on such motion day. General
sence of two witnesses only. Lord Rule,

9
HARDWICKE held that though the 2. Writ improvidently issued, if within
will was not duly executed within the the controul of the court (either as not
meaning of the power, the court ought having gone out of the custody of the
to aid the defective execution in fa officer, or as having been returned)
vour of the creditors and younger

shall be quashed; if beyond its con-
children. Wilkie v. Holmes, (note) 60 troul it shall be superseded. Lease
2. Power to make loases is to be con- . of Lawlor v. Murray,

75
strued as liberally as powers of join- s. The writ commanding judges to seal
turing, charging, &c.; and a contract a bill of exceptions, ought to be made
to make a lease pursuant to a power out by the clerk of the crown, and lot
shall be as binding as a contract to by the cursitor,

75, 80
make a jointure or charge pursuant to 4. Such writ ought not to issue without
a power.
Shannon v. Bradstreet, special order from the persan bolding
52, 61. · the Great Seal,

75, ED
3. Non-execution of a power is where 5. If a creditor coming in under a decrec,

nothing is done. Defective execution require relief which cannot be had by
is, where there has been an intention . re-hearing the original cause, he ought
to execute, and that intention suffi to file a cross bill. Latouche y. Ld.
ciently declared ; but the act declar. . Dunsany,

149
ing the intention is not an execution in 6. In all cases where conditional crdier's
the form prescribed.

63 are granted, if cause be not shewn on
A contract to execute such power is the motion day next after the expira-
a sufficient declaration of intents, ibid. tion of the time limited by such order,

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