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TITHES.

1. Neither mortgagees, nor persons entitled to tithes, under terms for raising portions or charges, have a right to call for past rents and profits. Hence, the enjoyment of the tithes by the person who is tenant in fee, or tenant for life, subject to such charges, gives him a sufficient title to sustain a suit against occupiers on account of tithes.-Cherry v. Legh, 1 Bligh, 306.

2. If the occupier shows a colour of title to the tithes not rendered, a court of equity will not interfere, but leave the plaintiff to his legal remedy. Ibid.

TRUST.-See EXECUTORY LIMITATIONS; TERM.

TRUSTEE.

538.

1. Where a devisee in trust for sale (such trust working a conversion) did not execute a conveyance made sixty years back, and purporting to be made by him and the parties beneficially interested; and possession had, since that period, gone under that conveyance, the title was held unobjectionable. — Townsend v. Champernoun, 1 Y. & J. 2. Where trustee lent money to a postnuptial settlor, which was secured by a subsequent mortgage; but the money was, in fact, never paid to the trustees on the trusts of the settlements; they were, nevertheless, held to be constituted specialty creditors by the mortgage. - Turner v. Byne, 1 Simons, 160. 3. When trustees are directed to keep down the interest, and out of trust funds to pay off the principal, of incumbrances, the cestuique trusts under the deed may complain in a court of equity, that the funds, being available for, were not applied to that purpose, and that the interest of them is therefore unnecessarily continued. - Per Lord Redesdale, 1 Bligh, 339.

4. Where a corporation is in possession of funds arising from rates granted to them by act of parliament, and to be appropriated to certain beneficial purposes, they are, it seems, trustees; but at all events, they are accountable persons, and the circumstance of the act having provided that they shall furnish parliament with an annual account of the sums which they receive, does not oust the jurisdiction of the court of chancery, which, in such a case, can only be taken away expressly, or by necessary implication. [S. C.] Attorney-General v. Mayor, &c. of Dublin, 1 Bligh, 312.

VENDOR AND PURCHASER.

1. When an estate subject to, is sold free from, incumbrances, they are matter of conveyance only, though their amount exceeds the purchase money.-Townsend v. Campernoun, 1 Y. & J. 449.

2. A purchaser, it seems, is not bound to rely on the recitals in deeds, though more than thirty years old, as evidence of a pedigree, which is unsupported by other proof, or by possession accordingly.-Fort v. Clarke, 1 Russ. 601.

3. If a personal representative, in whom, as such, a leasehold has vested, sells it, not in his proper character, or in the course of administering the assets, and the purchaser is aware of the nature of the

transaction, it is assets unadministered, and the administrator de bonis non of the original testator is entitled to have the sale set aside. -Cubbidge v. Boatwright, 1 Russ. 549.

VOUCHER.-See RECOVERY.

USE.-See EXECUTORY LIMITATIONS.

WARREN.

The right of warren ought not to be extended by inference to animals not clearly within it. Hence it was held that grouse are not birds of warren.- -Duke of Devonshire v. Lodge, 7 B. & C. 36.

WILL.-See DEVISE.

WILL, REVOCATION OF.

An instrument void as a conveyance, does not revoke a prior will. Where therefore a wife having a power of appointment by will, duly executed that power, and afterwards joined with her husband in a deed, purporting to be an appointment of the same lands, but which was a nullity as to the wife, it was held that the will made in pursuance of the power, was not revoked.-Eilbeck v. Wood, 1 Russ. 564. WORDS.-See DEVISE.

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A testator bequeaths his interest in two policies of insurance on the life of his wife to his executors, upon trust, after his wife's decease, out of the amount to be received upon them, to provide for certain legacies. His wife having died, he received the money, and invested it in securities of which he died possessed; held that the legacies failed. -Barker v. Rayner, 2 Russ. 122.

ANNUITY.

Assignment of 1507. part of the dividends of a sum of stock to which the vendor was entitled for life, with a proviso that the purchaser should not receive any part of the dividends then growing due, but a proportionable part of the 1507. is a grant of an annuity, and must be memorialized.—Charretie v. Vause, 1 Sim. 153.

APPEAL.

1. An appeal from the Master of the Rolls or Vice Chancellor to the Lord Chancellor is only a re-hearing; evidence may therefore be read which was not read at the original hearing.-Williams v. Goodchild, 2 Russ. 91.

2. The taking of an account will not be stayed pending an appeal; nor does the court generally direct security to be given for the result of an account.-Nerot v. Burnand, 2 Russ. 56.

3. Pending an appeal, the court will sometimes stay the sale of property which the decree has directed to be sold; the appellant giving security for its value.-Ibid.

ARBITRATION.

Before the award, either party may revoke the authority of the arbitrator, although the reference is made under an order of the court; but it is a contempt to do so.-Haggett v. Welsh, 1 Sim. 134.

CERTIORARI.

It is sufficient for granting a writ of certiorari, to remove proceedings in replevin from a court of great sessions in Wales, that the title to the freehold is in question.-Edwards v. Bowen, 2 Russ. 153.

CHARITY.

1. It is not a general rule that the court will confine a charitable gift for the benefit of the poor, to such poor as do not receive parish relief. Attorney General v. Corporation of Exeter, 2 Russ. 45. 2. Where trustees of a charity, under an instrument of doubtful construction, have acted honestly, though mistakenly, the court will not compel them to account for what passed before the filing of an information.-Ibid.

COSTS.

1. Costs as between solicitor and client, allowed to the Archbishop and Bishop, when made parties to a suit respecting the validity of the election of a Vicar.- Edenborough v. Archbishop of Canterbury,

2 Russ. 93.

2. The court will not make an order to stay proceedings, until security be given for costs, upon the ground of the plaintiff being about to leave the country.-Willis v. Garbutt, 1 Y. & J. 511.

EXCEPTIONS.

Where exceptions are taken to the answers to the original, and also the amended bill, a separate rule for arguing each set of exceptions must be given.-Eastwood v. Dobree, 1 Y. & J.508.

FEME COVERTE.

Where, after marriage, the husband of a woman entitled to a fund in a cause, agreed, in writing, to settle half his wife's property upon her: held, that the agreement enured to the benefit of the children, and that, therefore, the wife could not wave it.-Fenner v. Taylor, 1 Sim. 169.

INJUNCTION.

Injunction granted ex parte to restrain the owner of a house from making any erections or improvments, so as to obstruct the ancient lights of an adjoining house.-Back v. Stacy, 2 Russ. 121.

ISSUES.

1. New trial of an issue not granted merely because evidence was rejected which ought to have been received.-Barker v. Ray, 2 Russ. 63. 2. Nor because the judge represented the effect of the defendant's answer to the jury inaccurately.-Ibid.

JURISDICTION.

The court has jurisdiction to control the legal rights of a father over his children on the ground of his immoral conduct.-Wellesley v. Duke of Beaufort, 2 Russ. 1.

M

LANDLORD AND TENANT.

A tenant has no equity to compel his landlord to expend money received from a fire insurance office in rebuilding the demised premises; or to restrain him from suing for rent until the premises are rebuilt.-Leeds ▼. Cheetham, 1 Sim. 146.

MOTION.

Where a party shows upon affidavit, that a cause, which he did not know to be in the paper, was disposed of in his absence, the court will restore it to be heard upon motion.—Rowley v. Carter, 1 Y. & J. 511.

PARTNERSHIP.

Where a partner has a right to appoint a person to succeed, upon his death, to his share of the business; the refusal of his appointee to come in on the same terms on which he was a partner, dissolves the partnership: but the dissolution is not wrought by the exclusion of the appointee.-Kershaw v. Mathews, 2 Russ. 62.

PLEADING.

On an action to recover the produce of foreign specie remitted to an agent, the agent filed his bill, alleging generally, that there were mutual dealings between the parties, and praying an account and injunction: demurrer allowed.-Frietas v. Dos Santos, 1 Y. & J. 575.

PRACTICE.

1. After an appeal was lodged in the house of lords, the court below made an order, expunging from the registrar's notes, a part of the evidence read upon the hearing: order reversed as irregular.—Lopdell v. Creagh, 1 Bligh, 255.

2. Answer taken off the file, because, (inter alia) in the jurat, as to one defendant, a mistake had been made in the year (1817 being written for 1827); and the answer had been affirmed by another defendant, a quaker, under a commission to take his answer upon oath.-Parke Christy, 1 Y. & J. 533.

V.

2. On a bill by underwriters for a commission to examine witnesses abroad; the court held an affidavit of the plaintiffs' solicitor, stating generally, that he believed the plaintiffs had witnesses abroad whose testimony was material, without stating the grounds of his belief, to be sufficient. Robinson v. Somes, 1 Y. & J. 578.

3. Where exceptions were taken to a return by the commissioners under a decree of partition, the court held that exceptions would not lie; and that a motion to suppress the return was the proper course. -Jones v. Totty, 1 Sim. 136.

3. The vendor, under a decree, may confirm an order nisi obtained by the purchaser, if the latter neglect to do so.-Chillingworth v. Chillingworth, 1 Sim. 291.

4. Office copies of depositions in a tithe suit in the exchequer may be read in a similar suit in the court of chancery against another defendant making the same defence, on producing office copies of the bill and answer in the former suit, without an order for that purpose.-Williams v. Broadhead, 1 Sim. 151.

RECEIVER.

Where the grantor of an annuity, secured on lands subject to a prior charge, resides abroad, but by his agent continues in the receipt of the profits; the court will, on the application of the annuitant, appoint a receiver, though the grantor has not appeared to the suit.—Tanfield v. Irvine, 2 Russ. 149.

SPECIALTY CREDITOR.

1. An annuity to the grantor's sister, though expressed to be made for natural love and affection, may be averred to have been in consideration of her marriage, and will entitle her to rank as a specialty creditor of the grantor.-Tanner v. Byne, 1 Sim. 160.

2. A husband made a post-nuptial settlement of £ 4000, and then, in consideration of the £4000 expressed to have been lent to him by the trustees, mortgaged to them a real estate to secure that sum, and covenanted to repay it. Held, that although the husband never paid the money to the trustees, they were, nevertheless, specialty creditors of the husband.-Tanner v. Byne, 1 Sim. 160. SOLICITOR.

Where a solicitor retained a sum of money, paid out of court, towards his costs; and upon taxation it appeared that at the time he obtained the money, he had been already overpaid; the court refused upon a motion for that purpose to charge him with interest.-Wright v. Southwood, 1 Y. & J. 527.

TIMBER.

Tenant for life without impeachment of waste, except as to timber growing in the park, avenues, demesne lands, and woods, adjoining the capital messuage, there being no woods of that description, cannot cut timber in any woods so adjoining the house as to serve for ornament or shelter to it. -Newdigate v. Newdigate, 1 Sim. 131. VICAR.

1. Where an advowson is vested in trustees for the benefit of the parishioners, an election of a vicar by ballot is not valid.-Edenborough v. Archbishop of Canterbury, 2 Russ. 93.

2. In such a case, the right of voting at the election of a vicar may be limited by long usage to parishioners who pay church and poor's rates.-Ibid.

BANKRUPTCY.

AFFIDAVIT.

Mode of proceeding on an irrelevant or scandalous affidavit.-Ex-parte Chisman, 2 G. & J. 315.

ALLOWANCE.

1. Bankrupt not entitled to allowance unless a sufficient dividend be paid both upon the joint and separate estate.-Ex-parte Goodall, 2 G. & J. 281.

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