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or a notice of shewing cause served court cannot open the biddmg merely
surprise. Executors of Fergus v.
178 suit, for the purpose of appealing.
237 WILLS, (proving of) 1.
appear and answer, on a person to PRINCIPAL & AGENT.
parties are out of the jurisdiction and SOLICITOR, 1.
allowed, the bill shall be dismissed,
heretofore. General Rule, 304 QUASI ESTATE TAIL.
sion changed, pending the cause, 306
ought not to be brought to a hearing ;
has a right to have his costs, tho'he See CREDITOR, 2, 3.
ibid. 1. The registry of deeds, &c. under the
would be mischierous so to consid
137, 157 amongst the poor relations of testator:
gives to all deeds registered as thereby testator's death, but became rich be-
92, 98 2. Poor relation dying before distribution,
tribution among poor relations, he
tions however remote: But where the
given even to articles, if registered, ure of the person so empowered, it
Dunsany v. Latouche, 137, 157 giving him notice of his intention to
orities between deeds under this act, against the remainder-man. Shunnon
remainder-man shall not turn round
ute, sect. 4. “ according to the right, gainst the assets of tenant for life, 74
by the registry act, except where pri- 1. A renewal of a lease for lives taken
161 benefit of those in remainder. Bowles
3. Under the tenantry act, 19 & 20 Geo.
3, c. 30, what shall be deemed rea.
sonable time after demand for paying
renewal fines, must in all cases depend
the grounds on which it is sought to ces previous as well as subsequent to
398 the demand, are to be taken into the
consideration. Therefore, where the
der on the 20th of March following
more than what is necessary to give 1. A solicitor is bound to give evidence
454 relief from the fraud ; and he shall be
liable to costs if the principal be not
3. Where plaintiff changes his solicitor,
there has been a taking of the goods stop him from proceeding until his
320 SPECIFIC EXECUTION.
to apply to the case where A. takes 1. A. being in insolvent circumstances,
321 solvency. O'Herlihy v. Hedges, 123
has been an actual taking out of the
spoliation, in respect of raising pre-
sumption against the party suppress-
See Equity, 5.
STATUTE OF FRAUDS.
payment of debts, the statute of limi-
tationsruns pot in equity after the death
of testator, against debts not barred
Fergus v. Gore, .
1. The rule that " a trustee shall gain
“no benefit for himself,” shall not en-
title a cestui que trust to compel a
party who knew nothing of the trust,
to execute an agreement made with
the trustee, and on the credit of his
property bound by a trust with notice
of the trust, are chargeable in equity as
3. Trustees and their representatives
are chargeable in equity for a breach
4. Renewal of a lease taken by a trustee,
shall enure to the benefit of the cestui
que trust. Griffin v. Griffin, 352
5. If a trustee conveys to a person with
notice, and takes a re-conveyance, it
ance the trust would attach, though it
did not attach on the person to whom
he conveyed : nor would have attach-
ed if that person had conveyed to ano-
time with a loan of money by lessee to
lessor, held fraudulent and void, as
affording to the lender, a profit on the
money lent, beyond legal interest.
223 applying to such transactions, it onght
that the lease was con necting the loan with the lease moved “ tracted for, wholly independent of, from the lessor. Molloy v. Irwin, 310 “ without any regard to, and uncon- 7. But an under-tenant, bona fide, and 66 nected with a loan, or treaty or com
not concerned in the transaction of the " munication for a loan of money." loan, not disturbed,
ibid. Sembl. Hunt v. Potter ; Drew v. Power, (note)
119 3. A beneficial lease obtained under the
influence of loans of money made or expected to be made by the lessee to
W the lessor, is a fraudulent evasion of the statutes of usury, and an undue
WILL. advantage taken of the lessor, and
therefore void. Drew v. Puwer, 182 1. A quasi estate tail cannot be barred 4. In such cases, the true consideration by will, Sembl.
294 is, not whether the loan of money was See CHOSE IN ACTION, 1. part of the bargain made, but whether the relation of debtor and creditor was WILLS, (PROVING OF) chat which induced the granting of the lease,
191, 192 1. All wills to be proved shall be pro5. The statutes against usury are found duced in the custody of the proper
ed on principles of public policy; and officer, and delivered to the examiit is against public policy that those ner or commissioners, and by them rewho make profit or their money with delivered to the same officer after exaout hazard should have as large a mination closed. General Rule, 114 profit as those who employ it in hazardous undertaking,
WRIT. 6. A lease granted at the same time with
a loan of money by lessee to lessor, set See PRACTICE, 2, 3, 4. aside; although the proposal for con•
F I N I S.