Dating fliort ua

That it cannot be denied, but mud be admitted to be certain beyond a doubt, that if Vincent Darky had been feifed in fee in pofleflion of the lands in quellion when he made his will, and had afterwards fuficred a recovery to the uf^of himfelf in fee^ this would have amounted to a^ revocation of his will ; or if the re- €xvery Iiad been declared to be to fuch ulesas he ihould direfi: or appoint, and for default of fuch direflion or appointment, to the u(e of himfelf in fee, that this would alfo have amounted to a revocation: and it is equally certain likewife, jthat if a man feifed in fee devifes lands, and afterwards conveys the fame away hy * any legal conveyance what foe ver, and takes back again a n^w eflate, this would be a revocation of the devife : and there are cafes which go further ; for it was faid by Lord Hardmcke^ iti the cafe of Parfons v. at Batttns^ and the (lock on the prcmifcs, both quick and dead : Upon the further hearinf of this cauie in Chojicityt Lord Chancellor Cmm^ ^ was pleafed to declare. T'HIS was a fpecial a£lion of trefpafs upon the cafe, wherein the In confider- plaintif F declared, that the defendants and one William "ri"^? belonging to the ihip, and accounts for the fame monthly ; that the defendant afts as a fa£lor for the fliip, and the deponent . It is determined he need not be a domejtic fervant) (although the words of ihtjiat. *-* and to be delivered to the defendant, at a certain day and km^ia*^ place, and the defendant then and there to take and receive the tlie pound, it lame for a certain price to be paid to the plaintiffs for the fame ; a |ood wit.

That' the teftator having fuffered a recovery after the execution of hii will, the fame was thereby revoked, which made void, as well the bequeft of Bon Jt H^aih and of the other chattel ef Utes, and the ufe o( the houthold goods, plate, and furniture at Batttnt, with the live an4 dead ftock, as the dsvifes of the real eftates, comprised ita the recovery* The Widow Dar Uj^ petitioned far a rehearing of the caufe, with refped to the whole d-cree, except as to the real eftatet ; whereupon the Chancellor affirming his former decree*, the faid widow appealed from both the decrees to the lordsy when their lordihips were pleafed ro reverfe them ia t MOf as to the matters complained of, and decla«jd» That the widow was intitted to the benefit of the faid bequefts, dtfcharged from the condition of llviag Uj BMt UM^ which the common recovery had put out of her power. ^*' Hinuey were copartners in trade and merchandize; that Hin Uey would accept drew a bill of exchange upon the plaintiff, dated the 18th day of a biiiof ex- March 1766, for 63/. apprehends he is liable to a commiffion of bankrupt, for that he receives ^L ter cen U for eveiy thii^ he buys in for the fhip : Whejeupon oerjeant Forfter fubmitted it to the court, that as the defendant was obliged to do conftant dutjr in regard to his office of purfer, he could not at the fame time be a fervant to Baron Hylang, intitled to prote£lion by thcjlai, 7 Anna^ c. 7 Ann, are do^ mtjhc ftrvants\ for many houfes are not large enough to contain and lodge all the fervants of fome ambafladors. hut the defendant, not regarding his contraft and promife, refufed rhe'cootrnft *^ receive and pay for the faid grain, to the plaintiff's damage : 4n4la U.

Refrain from automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. B, and upon the trial of the caufe, it would be incumbent upon him ^*^' ^^*^ ^^ to fliew to' the court and the juiy, that the perfon who* in- nabie pcrfonl dorfed the note to him was the legal and proper admin iftrator ally on fnch of 4' B' : and the third obje Qion was likewife over-ruled, be- »ole to aa inteftate or his order, is not aflignable or indorlable over by his adminiftratrix, fo as to enable the indorfee to bring an a£lion thereupon in his own name, and that it was incumbent u^n Sione the plaintiff* below to have al lodged and fliewn (which Ytt has not) in his declaration, that by the cuftom of merchants iftland bills of exchahge are affignable and indorr2dle over by ad- miniftrators or executors ; for that the Statute oftht^(3\of Qwun Ann only makes noted of hand negotii£le ija the fame manner as inland bills of exchange ; and he faid, in an a Qioa upon a bill of exchange, unlefs the plaintiff* declares upon a cuf- tom to fupport the ajumpjit according to the common form, the a£lion will not be maintainable, and cited i Lord Raym, ft8i. s^, Sir Thomas Boot U objefled, that the plaintiff* has not in his declaration made ^frojtrt in curiam of the letters of admini« ftration, for that perhaps the adminiftration in this cafe might be granted by ^peculiar, and if fo, the right of committing adx^ii- . And to this purpofe he cited a cafe of ^^"^J^ ^ Connor and Martin^ in C. which he himfelf wd^, ^ took a note of in that court ; it was an adion brought by the marries, it indorfee of a promiflbry note, payable to Sufan Connor or her ^"^"^.^ order, and given to her before marriage ; wnich note, alter her jj^p^/aad marriage, and while covert, fhe indorfed to the plaintiff: The Ihecanooc defendant pleaded that Sufan Connor was married at the time of *"*''^ the making the indorfement : The plaintiff demurred ; and the |^, cofeit. Judgment affirmed per toiam curiam^ B 8 TRINITY TRINITY TERM. That in Michaelmas term 1763, a recovery was fuflered in hi« majefty's court oi Common Pleas, accordingly; wherein the fa^d Eamimd Twrntr was demandant, the faid George Grees tenant, and the faid Vincent Darley and John Coad vouchees, who vouched the common vouchee, againft whom judgment was had tathe ufual form. the principal or interefl, the plaintiff threatened to take out exe- ^^Sfe^t'ap-* cution againft him ; whereupon the defendant wrote a letter to peared be waa the plaintiff, deftring him to give him further time, and that apurferofa he would make it a point of honour to pay him as fbon as ^'P**^*^* poflible. then and there I)aid by the faid Henry to the faid Charles^ which faid laft-men- tioned mare was then and there, at the time of the faid warranty and fale thereof, lame and unfound in her faid off or right flioulder, and hath always from thence hitherto there fo remained and continued ; and fo the faid Henry faith, that the faid Charles^ on the day and year iforefaid, at Thetford aforefaid, falfly and fraudulently deceived him the faid Henry. 43 Henry to the faid Charles, which faid laft-mentioned mare was then and there, at the time of the faid warranty and fale thereof, lame and unfound in her faid off or right hind-leg, and hath always from thence hitherto there fo remained and continued; and 10 the faid Henry faith, that the faid Charles, on the day and year aforefaid, to wit, at Thetford aforefaid, in the county aforefaid, falfly and fraudulently deceived him the faid Henry. *^ the defendant, that Judgment might be arrefted, they objefting tiff*/ namcl that the fourth and fifth counts were bad, becaufe it was alledged the cooit win in both thofc counts, that the faid (defendant) Charles fold the ^ j^„jl*/ "**" mare to the faid (defendant) Charles; but this l^eingafter a nune at being verdi£l farpl Mfage.

We encourage the use of public domain materials for these purposes and may be able to help. liiftration by l\xc\i peculiar ought to be s Jledged, and is a matter of fubftance and traverfable \ iox de ccmmunijurey here in En^^ land it bdon^i to the ordinary to ffrant adminiftration ; and in feipport of dus objef Vion he cited Venham v. queftion upon argument was, Whetner the plaintiff could main- i Str. tain the action upon a note indorfed by zfeme covert? whole eourt were of opinion that the^^»i^ covert could not ai&gn *** *^^'^ the note, becaufe by act of law it became the file ri^ and pro- perty of her hufband : This (hews that it was not an intereft fixed to her jperfon, becaufe if it had, (he might have indorfed it. Thatthetruftees topreferve contingent remainders, never made any entry to avoid this recovery in the teftator's life time. has been objefted ; that the le- giflature thought a r^nt could not be referved upon a leafe of tithes, and therefore that ftatute was made : But in anfwer to this, it's plain from the. f » fwoynr rule to Ihew caufe why the plea fhould not be fct alide, and IJde with*' why the defendant's attorney fliould not pay the cofts of the ap- cofti. The plaintiff having waited for his money a year longer, and not being paid, took out a writ dire6lcd to the flieriff of Midd Ufex: whereupon the defendant was arrefled by one Dennis a meriff 's offiqer, who carried him to the lock-up houfe of one Norton another of the flieriff *s officers. wherein many diftinaions are made, between objeftions to the credit and competency of witneffes. And whereas the faid Hehry afterwards, to wit, on the day and year aforeiaid, at The ford aforefaid, in the county aforefaid, bargained with the faid Charles to buy of him the faid Charles a certain other mare of the faid Charles ; and the faid Charles then ^nd there, well knowing the faid laft-mentioned mare to be lame in her off or right hind-leg, and to be unfound, by then and there warrant- ing the faid laft-mentioned marc to be found, he the faid Charles then and there falfly and fraudulently fold the faid laft-mentioned mare to the faid Henry ^ for a certain other large fum of money» to wit, the fum of other si/, then and there paid by the faid Henry Michaelmas T£BM 10 Geo. And whereas the faid Henry afterwards, to wit, on the fame 7th Cooc day and year, at Thetford aforefaid, bargained with the faid Char Us to buy of the (aid Charles a certain other mare as anil for a mare found in all refpeds, at and for a certain \z Tge price or fum of money, to wit, the fum of 21/.

Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of any specific book is allowed. bcrirtning ' in Michaelmas Term in the loth Year, and ending in Easter Term in the 14th Year of the Reign of His prefent Majefty KING GEORGE the Third. And tliat Trewit Me tenement and Lewame tenement are com- prized in tlie faid fettlement, and not, by any particular naxne^, ta the recovery or deed, to lead^ the ii£bs thereot there. By aa was a nullity, an innocent recovery, and in this cafe nugatory; Jhew W^the that Vincent Dar Uy\ eftate for life was not devifeabie ; that all he proceedtngtia could devife was his neverfion or remainder in fee; that he could Chsmtrj^ it not fuffer a recovery^ of his remainder or reverfion in fee ; that ^^^ ^* * the recovery only operated upon his life-cftate, which amounts c Jied a Ia lo nothing. WUmoi^ Chief Juftice, There are a great many determinations ^"^f* rl'pi. there is fomething looks againft us; the opinion there ti, that the covenant would not. ecutors, adminiftrators and affigns : Upon the whole, as there is Tbo. no care in point, we do not break through any of the authonliel ^^^^ ^^ in the books concerning collateral or perfonal covenants* Judgment for the plaintiff ^^ totam curiam. And novr it was moved by Serjeant Nares^ on behalf of the Iheriff and defendant, that the rule to return the writ might be difcharged, upon an affidavit of the defendant, fbting the fii As and auefts as above, imd that he was j Efl^/^ fecretar^r to the . per annum to' hfs own ufe, for copying all his Englipi difpatchcs, memorials, &c.

Please do not assume that a book's appearance in Google Book Search means it can be used in any manner anywhere in the world. THE THIRD EDITIONS With additional Notes of the Points determined; References to modern Cafes, and improved TABLES of the PRINCIPAL MATTERS, and of the NAMES of the CASES. The quefiion is — ^Whecher the deeds executed and the rec0-. 13 feid, that a recovery by tenant for life, remainder to truftees, (3c. touching the revocation of wills, and very nice artificial difiinc- Caf.'s Vo.p. It Teems to be clear, 359J) 'yins from the lateft determinations upon this fubjeft, that if a man be ^^^^f^^X^ feifed in fee, makes his wi U and devifes, and afterwards conveys fj, a ions by recovery, fine, feoffment, releafe, C3c. run with the land ; but it mufl: be obferved, that it did not concern the thing demifed, nor is the word ajjigns there, fo it does not apply to, nor clafti with the cafe at bar. A covenant not to ai Egn generally, muft be per* Cra.]ac. fonal ana collateral, and can only bind the leflee himfelf, there ^""! never can be any affignee ; whereas the prefent leafe grants to ex« 64. that he is prpperly regiftered, and his name entered in the iheriff's office ; and upon another affidavit in confirmation of the above fa£b, and that the defendant has been conftantly attendant upon this miniiler, to copy memorials* letters and dilpatches, for fome years, except when he hkd leave of abfence for a few days at a time ; and upon another affidavit of Norton the officer, who fwears that Dennis brought the defendant to his houfe to be locked up, that he did^not then know he was a I'ervant to Baronr Haflang^ but that he (deponent) foon after received a demand in writing from the baron to difcharge the defendant out of hift cuftody, and to detain him at his peril, whereupon, being in fear of puni Qiment, (having received a note ot indemnity under the hand of the Baron) he difcharged the defendant out of cuftody :.

on the lodiof ^j^n/ 1798, the defendant Sparkes proved the faid wi U in due form of law, and that the heir of W'l Utam ^analfim, or the laid defendants, or either of them, did not nor did any other perfon pay to the plaintiff, the faid 400/. and that the nlaintiffs could not have come fit to prove their debt within that ftatute ; for that the 400/. It was there refolved, that tenant by the courtef)^, or any other who comes in in the poft, (hall hot vouch, (which is inftead of * on an indenture of demife, Dallon covenanted for himfelf, his ^ecutors, and adminiftrators, to leave 15 acres every year for ^d SLmt aifquc cultura f and that he granted his eftate to the de* ,^ ,,.

Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. cftj Ai Kflved priitcijple, and ^\t^ri6S[,^ w«tt known, that if a mao be feifed of lands in fee, and nnkeih Parnament his: will thereof, and afoerwards nuketh a fieofiiittm or tsf A^t coa- «]J^'j'^^* ve^rtoce thereof in fee, and takes back a new eftate in fee, this ^^^ q. whatfoever» after making his will, it will amount to a revocation 39 Hen. C* ibat if a man feifed in fee devifes^ and afterwards levies a fine to his own ufe in fee, this has always been held a revocation al- though the teftator is in of the old ufe ; the reafon is, [as he faid3 that courts of juftice, in favour of the heir at law, will prefume the teftator had fome intention to alter or revoke his will in fa- vour of the heir, by fuch an a£l done after the will. with remainder over to nimfelf in fee; and by fuffering the recovery, he did thereby jpull the whole intereft in the land into himfeli, and got one intire fee ; a total new eftate in fee» which could not be defeated, but by the entry of the tmftees to preferve contingent remainders; his former eftate for life, with contingent remainders, &c. The counfel for the defendants argued, that the deeds and re- •41. covery did not amount to a revocation, the fame being executed c! *"^ fuffered by Vincent Darley, without any intention appearing c»/h. — After fome time taken to confider, the court *^1"^*^*T'^ gave their opinion, that the deeds executed, and the recovery fuf- ftooiria Te, iered by Vincent Barley ^ are a revocation of his will; but did not during her deliver their opinion^ur c i veany reafons to the bar in communibanco, ^*^^» ***.^ '^ * ^ ^ rents» ii Tnei^ and profits of a! paid him 2J part, and gave him fecurity for tlie reft, as. In anfwer, by wiy of reply, it was admitted that the defend- ant was purfer of the New Grafton^ which in time of war is 211 office of full employment, incompatible with that of fecretarj loan ambaflador; but it was faid, that in time of peace (as at • prcfent) Ml CRAfi LMAs T£a M 10 Gso. d& prefent) it is a mere fine cure^ and the defendant may well be fecretary to Baron tiling: and that the cafe in t Burro, 401. To be fure courts of law will prote£l tlie ambafladors or public minifiers of foreign princes or fbtes and their fer- vant Sy from being arretted ; it is the law of nations ; but we muft not confound the right ol prou Sion with the n^ti/i of that right.

You can search through the full text of this book on the web at |http : //books . com/ V- a^- REPORTS OP CASES ARGUED AND ADJUDGED IN THB j Uttng's Courts at IKEteftminfter. 6, thereof, although he take the very fame eilate (which he had 5*Bicon s»7 before) ^^^^ ^gain the very next day. That in the prefent cafe, when Vincent Darley made his will, and after fuffered the recovery, he was tenant for life in pof- fci Eon with remainder in truft to preferve contingent remainoers. and remainder over in fee, were all Sne, until the truftees fhould enter for the forfeiture, which sy never did; fo that Vincent Darley died feifed of an eftate in fee, in pof Teffion of the lands comprized in the fettlement, being a different eftate from that which he had when he made his wil L But whether it was the fame or a different eftate, the counfel for the plaintiff concluded, that the will was revoked by the deeds cited fer and recovery.. l teftator^i chattel eftatei, if (he fhojid chufe to refide it Bartcni tfotefaid ; and ihe wn alfo to have the ufe of all the houfliold goo^t, plate, and fomitare. above ftated after he luid received the letter as above, and waited f^ money above a year, caufed defendant to be arrefted ; th never before heard that the defendant was prote6led or cla ^ any prote£lion, or confidered himfelf as a (ervant to Baron Ha- Jldiig ; on the contrary he depofes, that he believes he is ^ot prote£led, nor is his fervant, becaufe he fays that the defendant, m the year 1761, was appointed purfer of the Triumph vazn of war by the commiffioners of the navy, and continued fuch till the year 1767, when he was appointed purfer of the king's fh Sp called the IJew Grafton^ by warrant, and is ftill purfer thereof ; that, as fuch officer, he gets confiderable profits by buying in the provifions ; that he takes care and keeps an account thereof, and of the flops, G/c. The queftion is, whether the defendant is bcni Jiic a fervant' of the ambaflador ? L a£lion on the cafe, for 300 quarters of wheat fold fells for pliin. yrherein it was held, that a Blackwell-hall fa Oor may be a wit- nefs to recover his own commiffion, was cited by the Lord Chief .

Usage guidelines Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. 2i by Serjeant Prime for the plaintiff thtre 137)^64. Two objeftions are flftken, 1^, That a note of hand, payable to one or lus order, is , net indorfable by his adminiftratnx. Bi, individually, that nobody elfe can indorfe or negotiate the fame note ; for it has been determined, tliat a woman, while fole, having a note of hand payable to herfelf or order, and betn^ pof- fefled thereof marries, (lie cannot by law indorfe or af Tign it over while Qie is covert; for it is the abfolute ible property of her hufband, and he alone can indorfe it. by Sir Thomas Bootlc^ that the plaintiff below ouglit to have al* Icdged and (hewn in his declaration, that, by the cuflom of mer* chants, bills of exchange are indorfablc by adminiilrators or exe* cutors, the cafe of Enjkinc v. In anfwer to the a^objeflion : To be fure, he who brings an a^^ion by a particular authority, muft (hew tkat authority to the court ; but with regard to the prefent defendant in error, who has no ri^t to the po, and was of the fame opinion, Denifon Juftice, fpoke to the like e&e£l, and moreover faid. then and there paid by the faid Henry to the faid Charles; which faid laft- mentioned mare was then and there, at the time of the faid warranty and fale thereof, lame and unfound in the faid paftern of her off or right fore-foot, and hath always from thence hitherto therejfo remained and continued; and fothe faid Henry faith, that the faid Charles^ on the da^ and year aforefaid, at Thetford aforefaid, in the county aforefaid, falfly and fraudulently deceived him the faid Henry. • afterwards, to wit, on the day and year aforefaid, at Thetford aforefaid, in the county aforefaid, bargained with the {dk ACharles to buy of him the faid Charles a ceruin other mare of the faid Charles; and the faid Charles then and there, well knowing the faid lafi-mentioiied mare to be lame in her off or right fore-Ieff, and to be unfound, by then and there warranting the faid laft- - mentioned mare to be found in all refpe£ls, then and there falfly and fraudulently fold the faid laft-mentioned mare to the faid Henry, for a certain other large fum of money, to wit, the fum of other 21/. upon both the iflues ; and that one i Oiie being clearly with the defendant, there was no foundation or pretence for a new trial on that i Sue: and he cited the cafe of /lowland v. in his hands tin- ofkatr.s^* adminiftered, the plaintiff had an immediate right to have judg- a* ment for 4hat fum in part of his debt, and to repiv and fay further that the defendfant had affets ultra that lol. Bohoun and others Plaintifl B^ and Burton and others Deforcients. CERJEANT Burland moved, that a fine of lands levied in the t A in th« *^ reign of Queen Anne might be amended by a deed of marriage ^Sh which Settlement (on the behalf of one Jfohn Smithy tenant in uii under wat levied that fettlement) by altering the name of a parifii in the fine timf, Mnst from Coxley to Cor Uy^ upon reading of the deea, the indenture of ''T"** the fine, and an affidavit that there was no fuch parifli as Coxley in the county where the lands are. B, An attorney • ^T^HE plaintiff brought an aflion againft the defendant, and having fucd * fued by his writ of attachment of- privilege, which was ^^ ^Ir'ltivi- (according to the courfe of the court) returnable upon a day Irn- certain, the plaintiff became non-fuited, and ws^ taken, and in fuited, ard cuflody upon a capias adfaiisfadendumy (for tfie colls upon the taken »P^^^ judgment of non-fuit) I'eturnable upon a general return, where- able on^a^gel upon fcrjeant Narts for the plaintiff mpved tp fet afide the Ca. infiftm^ that it was irregular, becaufe not returnable upon and heldtreil ^ j^y certain, and had a rule to fliew caufe; at the fame ume cn Mgiu fcrjeant Burland for the defendant moved, that the return of . might be ahiended, and had alfo a rule to ihew caufe : upon (hewing caufe upon both thefe rules at the fame time, the court were clearly of opinion, that the Ca.

Public domain books belong to the public and we are merely their custodians. I [Sl6ne\^ and Serjeant Birch for the defendant there [Rawliri/bn]^ » Stra. ^d^ That every indorfee of ftich note being a plaintiff*, ought to bring the letters of admini- ftration into court. 8 Bi^nner afi hills of ^xctiange, to the inteoi to encourage trade and commerce, which, the preamble of the Aatute fays, will be much advanced, if fuch notes fliall have the fame e Sc B, as in« land l^ilk of exchange, and fhall be negotiated in the like man« ner: an adminiftiator of a merchapt, having the abiblute nro* perty of a note of hand or a bill of exchange may, by the cultom of merchants indorfe and negotiate the fame ; it he could not, it would tend to difcourage ramer than encourage trade and com- merce, contrary to the very pur\'iew of the ftatute ; for fuppofc a merchant in Holland has a bill, or a note of hand upon a merchant in London^ muft his executor or adminiilrator come here into England to fue for it, and Ihall he not be able to in* dorfe it o^-^er ? That as this cafe came before the court upon a demurrer in law^ the queftion was, Whether this is not a good indorfemcnt in point of law ? 11 tnd to and for no other ufe, behoof, intent* or purpofe, whatfo- ever. then and there paid by the faid Henry to the faid Charles; which faid laft-mentioned mare was then and there, at the itm^ of the laid warranty and fale thereof, lame and un- found in ber faid off or right fore-leg, and always hath f:f om thence a hitherto 42 4tli Ccont. fuf Hcient to fatisfy the refidue of the debt, a Ad cited the two entries int the margin exa Qly in the point; and of that opinion was the court, and without hearing my brother Jephjon fully, who was on the fame fide me, the court called upon my brother j Btfr Ai«^, afking him, what he had to fay in fupport of the nile, but he feemed to give it up ; whereupon tne court declared the fourth replication was a very good one in everv refpe St 58 Easteh T£Km 10 Gbo* III. refpe S, and faid, that if it had been doubtful whether it was fo or not, they would not have determined that matter upon a motion, but would have put the defendant to demur to it. The court ordered the fine to be amended, without making any rule upon any perfon to ihew caufe. Sa, was well enough, the plaintiff being non-fuited had no dav in court, nor was he entitled to any privilege to have the Ca, Sa, return-* able on a day certain, that he being non-fuited feemcd to have abufed his privilege; befides, it was faid by JKa/^j Juilice, and agreed b^ the court, that ^ou cannot take any advantage of the irregularity of procefs, without having it returned, and before the court, which in this cafe it was not; that the pourt in this cafe would not, on a n^otion to have the writ retifpied, have made any rule for that purpofe. 59 forney is out of court, and in cuftody in execution, has no day rn court, and fo canilot attend,, afid therefore in this cafe he lofes his privilege to have this procefs againft him returnable on a day certain ; fo the writ is well enough, and there is no occafion to amend it.

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