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MARTINDALE, WILLIAM, JOHN MARTINDALE, and RICHARD MARTINDALE, . THOMAS LAWSON, JAMES BELL and others.-(V.C. Jan. 11, 1838.)

Motion to take bill off the file, as filed without authority. There being assertion against assertion, the solicitor must abide by the consequences of having omitted to take a written authority

In such case the costs of the defendants added to those of the plaintiffs

MAYHEW v. BRETTINGHAM.—(L. C. April 28, 29, 1837.)

Course where very numerous exceptions to Master's report, which referring to the answer, affidavits, account-books, and other documents laid before him, but without further distinguishing the same, charged and disallowed various sums of money

MELLISH V. BROOKS.-(M. R. December 19, 22, 1838.)

888888

83 85

.. 43

Reference, under the circumstances, to Master, upon petition of tenant, to inquire into expediency of abatement of rent, both for the past and future

NASH v. BENTON.-(M. R. June 26, 1838.)

..

.. 45

Creditors' suit against executors and infants interested in real estate; decree, there being no evidence, but the former admitting the plaintiffs' debts.. 192

NEEP v. ABBOTT.-(M. R. March 24, 1838.)

A witness who has been already examined may nevertheless prove an exhibit at the hearing

NEEP, WILLIAM, v. GEORGE ABBOTT.-(L. C. July 4, 1838.)

.. 333

Specific performance refused against seller contracting in error .. NEESOM and wife v. CLARKSON and others.-(L. C. Nov. 9, 10, 1837, January 18, 1838.)

Purchaser for valuable consideration ordered to produce deeds, from the recital of which as set forth by the answer, constructive notice apparent 93 PEARSON, HANNAH, in the matter of, a lunatic.—(L. C. August 3, 1837.)

Deeds delivered out upon report as to heir-at-law under order made after the lunatic's death. Costs of the inquiry

PLATEL, GEORGE, and CATHERINE his wife, and PETER PLATEL, an Infant, by the said GEORGE PLATEL, his next friend, v. JOHN CRADDOCK.-(V. C. January 11, 1838.)

Bill by husband and wife in respect of trust fund limited to wife for life to her separate use, remainder to husband for life, amended by adding a next friend to the wife

Question as to the Court granting an inquiry upon the main point in a

cause.

Breach of trust in not calling in and investing money due on a note, the subject of a settlement. Suit may be sustained against the trustee to compel him to pay the money, without making the representatives of the settlor, the maker of the note, parties

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POUNSET, HENRY ROTHWELL, v. JOHN HUMPHREYS and others. (Three Causes.)-(L. C. July 21, 1837.)

The fund in Court being decreed to the assignees of a party who in the course of the cause had become bankrupt, the solicitors employed by him during part of the proceedings have a lien for their costs.

.. 142

Where costs are ordered to be paid to the client, solicitors need not wait the result of process to compel the payment of such costs, but may insist upon the immediate benefit of their lien PRITCHARD and others v. JOHN FOULKES, JOHN MADDOCK JONES and others. (M. R. November 25, 1837.)

Confidential communications between solicitor and client not privileged in a cause to carry into effect an indenture for the benefit of the client's creditors, the solicitor having taken upon himself the office of trustee under such indenture

.. 14

RADCLIFFE V. CARTER, and in the matter of RADCLIFFE a lunatic.— (L. C. August 27, 1837.)

Stock of an intestate, dead nearly twenty years, being brought into Court, no order, previously to any report of debts, for selling part thereof for costs in the lunacy of the sole next of kin, or for applying the dividends for such lunatic's maintenance

..

250

253

There being a receiver of the lunatic's estate, form of order appointing a committee for the institution of a suit .. ROBINSON, JOSEPH, and MARY ANN his Wife, and JAMES PANTON and HENRY PANTON, Infants, by the said JOSEPH ROBINSON their next friend, v. WILLIAM STONE and JOSEPH TIBBETS. (L. C. July 28, 1837.)

Infants co-plaintiffs with adults. Reference to Master to inquire whether the suit for their benefit; and if he should find in the affirmative, whether the next friend (a plaintiff) should be changed

369

ROGERS, ALFRED, and FRANCES ROGERS, Infants, v. CHARLES CLARKE, WILLIAM WILCOX CLARKE, and ROSINA ROGERS.-(V. C. July 27, 1838.)

Question as to bequest of stocks, of the particular amounts possessed by
testator when he made his will, being general or specific.
Legacies demonstrative or in the nature of specific legacies

ROGERS. SOUTTEN. (M. R. March 17, 1838.)

Testator giving to parish officers a bond, for payment of a weekly sum in support of the bastard child of his son, held to have placed himself loco parentis; and such child, therefore, entitled to interest on legacy from time of testator's death

SANDERSON. WALKER. (Three Causes.)-(L. C. April 28, 1837.)

376

96

357

Order pronounced upon three petitions. Course when the party presenting one of them refuses to leave his petition with the clerk of reports SANGAR and others v. GARDINER and others. (Two Causes.)—(V. C. April 24, 1838.)

Two solicitors in partnership; the one partner obtains an order in the name of a client; the partnership is then dissolved, and the client and the other partner come as co-petitioners to discharge the order, and for other relief. Held, on the whole scope of the petition, that it was a misjoinder for such other partner to unite in it.

Covenant on dissolution of partnership between solicitors, that various debts and costs should only be received by them jointly. In a suit, in which costs the subject of such covenant are due, a stop order only may be obtained. Further relief against breach of the covenant as regards those costs must be sought by bill..

119

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SANGAR and others v. GARDINER and others. (Two Causes.)—(M. Ř. June 22, 1838.)

How payment of costs enforced by and against persons not parties to the suit.

Order against two persons jointly to pay costs: the process for giving it effect may be joint or several.

Not the practice to prove the execution of the power of attorney to receive costs as a foundation for the succeeding process.

No costs of order fixing time for payment, nor of order to commit in default

..

[See also page 440.]

262

DE SAULCY V. DE SAULCY, DANIEL, and others.-(At the House of the Master of Rolls, South Street, August 15, 1838.)

Order made during the vacation for service of a subpœna abroad, under 4 & 5 Will. 4, c. 82.

116

Form of such order. Affidavits to ground it SCHOLEFIELD, JOHN, v. JOSHUA INGHAM, ISAAC HEMSWORTH, ISAAC WHITAKER, and DAVID LINLEY.-(L. C. November 22, 1838.) Question of annual rests on bill to redeem against mortgagees in possession

..

Form of decree in redemption and foreclosure suit by second mortgagee against first mortgagees in possession and mortgagor

477

479

STAGG, WILLIAM, v. JOHN OWEN and WILLIAM HOWARD.-(V. C. November 10, 1837.)

Plaintiff not entitled to production of documents admitted to be in possession of the solicitor of the defendants, it being suggested such possession was not acquired in that character

STUDD v. BURKITT.-(M. R. July 22, 1837.)

Decree with liberty to supply proofs

TASKER, ROBERt, v. Arthur GEORGE SMALL and MATILDA his wife, CHARLES S. ASHFORD, B. R. BAKER, THOMAS MANN, THOMAS PHILLIPS, JOSEPH WAKEFORD, THOMAS HAWKINS, and SARAH BAKER. (L. C. November 18, 1837.)

One defendant appeals. Order made thereupon dismissing bill upon grounds equally applicable to other defendants who did not join in the appeal. Such other defendants can have no benefit of such order although it renders the decree useless

UMBLEBY V. KIRK, HODGSON, and others.-(L. C. July 14, 18838.)

Intention of the Court in directing a reference as to proper expenditure 254 WARD, JOSEPH, and WILLIAM TURNER WARD, and MARGARET his wife, v. WILLIAM FISHER AUDLAND, ROBERT MOSER, WILLIAM WHITELOCK HERVEY, and DOROTHY ANNE HERVEY.-(L. C. June 16, 1838.)

Bill by trustee and cestui que trusts, under a voluntary assignment by deed of choses in action and personal chattels, against the executors and residuary legatees under the will of the assignor, dismissed, but without prejudice to the institution of any other suit

Agreement upon coming into a concern to indemnify outgoing partner against its debts not within the statute of frauds.

146

Page

Subsequently, a separate fiat of bankrupt having issued against the continuing partner, his evidence not admissible to prove such agreement to indemnify.

174

No decree where there are the depositions of one witness only, and the facts affirmed by the answer are upon the whole not less probable .. WILLIAMS, SUSANNAH L., wife of T. C. WILLIAMS, by her next Friend, v. SAMUEL BOWN, THOMAS BEST, THOMAS FOOKS, T. C. WILLIAMS, J. Y. Bown, and others.—(M. R. March 7, 1838.)

Bill for satisfaction of an annuity payable out of rents, and of interest on a sum secured by a mortgage and bond, resisted by the answer upon equitable grounds, and witnesses examined in support of the answer. An objection at the hearing, that the plaintiff's remedy was at law, overruled as coming too late

..

360

. 363

Power of distress for annuity by implication assumed. Remedy in equity for arrears of rent charge WILLIAMS, EDWARD, v. Anne Jones.--(V. C. November 23 and December 13, 1838.)

The plaintiff cannot, under the Contempt Act, enter an appearance for a defendant who has been in custody thirty days without being brought to the bar of the Court.

Cases upon 11 Geo. 4 and 1 Will. 4, c. 36

WILLIAMS D. WACE.-(M. R. August 7, 1838.)

346-357

In sales before the Master, notwithstanding the confirmation of a report against the title, there must be an order discharging the purchaser before the Court will give effect to a re-sale

WILLIAMS U. YATES.-(M. R. July 12, 1837.)

42

Legacy to D. and the children of R. divisible per capita. Interest of a legacy given until the legatee should settle in life, when the executors had an option to pay the principal, either the whole, or reserving a part for his children. The legatee having come of age declared to be absolutely entitled WOODHEAD, GEORGE, and others v. THOMAS MARRIOTT, GEORGE HADFIELD and others.-(M. R. March 20, 1837.)

Trustee or executor chargeable with interest, although not prayed by bill.
Trustee or executor charged with interest, yet he may have his costs.

A special case requisite for charging trustee or executor with a higher rate of interest than four per cent.

Lord Thurlow's rule that costs must follow when executor charged with interest, too general.

Old rule of the Court not to charge executor or trustee with interest Lord Macclesfield's distinction as to an insolvent trustee or executor lending out money

Order in which the property and income of a lunatic (not found so by inquisition) derived under three different titles, applicable to her support.

Such part of interest of legacy of 4000l. as not wanted for support of M. Q., to accumulate and be added to, and managed along with, the principal sum, for the benefit of the persons to be entitled to the same after M. Q.'s death. In that event the principal and accumulations to go to her child or children. If no issue, 10001., part thereof, to J. H.; 750l., other part thereof, to G. W.; 7501., other part thereof, to T. M.; and the remainder to T. H.: Held, that the latter took the whole accumulations.

It is material to confine a party within his appeal, the strictness by which this kind of pleading is regulated being scanty enough already

177

62

63

64

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ARKWRIGHT v. STOVELD.-(V. C. November, 1824.)

499

Bill for specific performance of agreement to buy timber ATTORNEY-GENERAL V. GOLDSMITHS' COMPANY. Atte Hay's Charity. -(M. R. June 26, 1833.)

Charities [homogeneous] vested in the same trustees may be comprised in one information.

Trustees must not intermix different charity funds
Scheme, having regard to other charity gifts for a similar purpose, vested
in the same trustees.

The Attorney-General to attend the Master on settlement of scheme
ATTORNEY-GENERAL V. LECHMERE.-(V. C. January, 1825.)

292

309

312

Where an information respected a charity in which a parish was interested, some of the inhabitants, not being parties, presented a petition in the cause. 495 ATTORNEY-GENERAL T. WINCHESTER CORPORATION.-(V. C. December, 1824.)

Relators have their costs, charges, and expenses

BAILEY V. JACKSON.-(V. C. January, 1827.)

502

Reading the answer of a feme coverte against her in matters touching her separate estate

495

BOLLIN v. YORKE.-(V. C. March, 1823.)

Plaintiffs not being separate creditors of testator, but joint creditors of him and his surviving partners, yet had taken only the common creditors' decree. 500

CAMPBELL V. BAILLIE.-(V. C. January, 1823.)

Creditor, executor of his debtor, held to have adopted his testator's surviving partners as his debtors

CLAUGHTON V. HARRISON and LEIGH.-(V. C. November, 1826.)

In suit for the delivery up by holder of notes fraudulently negotiated, admissions of the negotiator made whilst the notes were in his possession, may be read..

..

COLLINS. PRICE.-(L. C. November, 1830.)

The Master of the Rolls refuses to restore a cause to his paper. Appeal to the Lord Chancellor

CRESSWELL V. HARRIS.-(V. C. January, 1826.)

Where plaintiff is not proceeding bonâ fide, opportunity to correct a mis

503

498

494

492

Bill for performance of an agreement, entered into by defendant under threat to prosecute his sons for felony, dismissed

490

DEWHIRST V. WRIGLEY.-(In the King's Bench, 1834.)

Action for obstruction of a watercourse to which plaintiffs alleged themselves to be entitled by reason of their possession of a mill. An agreement for such watercourse, made twenty eight years before with those under whom plaintiffs claimed, being given in evidence by the defendants, it should nevertheless be left to the jury to presume whether a grant has not been executed. 329