in trust, as soon as conveniently may be, to sell and dispose of the same, and to apply the money by such sale arising, towards payment of my debts, &c.: I give and bequeath all my ready money, and the money arising by sale of my said premises at M., to be received by my said trustees, securities for money, and all other sum or sums of money that may be due and owing to me at the time of my decease, unto my said sisters," &c. And B. and C. were appointed executors: Held, that the trustees, B. and C., took the reversion in fee in other lands of which the testator, at the time of making his will (made before 1838), was seised for life, with contingent remainders which failed, with the reversion in himself, in fee. Sanderson v. Dobson, 81. ECCLESIASTICAL LEASE. The perpetual curate of a curacy augmented by the governors of Queen Anne's Bounty, with the confirmation of the ordinary and immediate patron, granted a lease for years of unopened mines, which had not before been leased; but the patron of the advowson was no party:- Held, that the lease was void at common law, for want of confirmation by such patron paramount; and that it was not set up by the acceptance of rent by the lessor's successor in the curacy, the only effect of such acceptance of rent being, to create a tenancy from year to year. Doe d. Brammall v. Collinge, 939. DISTRESS. Power of, conferred on grantor of corody by customary tenant of the land charged. 473. EASEMENT. (Aisiamentum.) Granted in the name of a corody, by customary tenant. 468 (6). 471.473. 475. EJECTMENT. I. Service of Declaration and Notice. 1. In ejectment to recover possession of several houses comprised in one lease, the court, as to some of them, granted a rule nisi for judgment against the casual ejector, upon an affidavit shewing service of the declaration and notice, by affixing copies on the outer doors, the premises being unoccupied and shut up, and by serving two persons who claimed to be assignees respectively of part of the premises, and the attorney of one of them; and they afterwards made the rule abso lute upon affidavit of the service ENTIRETY OF CONTRACT, thereof in the same way. Doe d. Chippendale v. Roe, 125. 2. The court granted a rule for judgment against the casual ejector, where the premises were held under lease by several persons trading under the firm of W., F., & Co., upon an affidavit of service of the declaration and notice upon the manager of the works, upon the premises, and of personal service on one of the firm, the affidavit stating them to be jointtenants of the premises. Doe d. Bennet v. Roe, 127. II. Under 4 G. 2. c. 28. s. 2. In ejectment brought upon a right of re-entry, under the 4 G. 2. c. 28. s. 2., it must appear that the landlord had a power to re-enter, in respect of the non-payment of half a year's rent, at the time of affixing the declaration and notice upon the premises. Doe d. Dixon v. Roe, 134. III. Action for Mesne Profits. The court refused to set aside as frivolous, a demurrer to a replication to a plea of liberum tenementum, in trespass for mesne profits, setting up the judgment in ejectment by way of estoppel. Bather v. Brayne, 815. ELEGIT. See PRACTICE, I. 8. 115, n. ESTOPPEL. See COVENANT, 3. EVICTION. See LANDLORD AND TENANT, I. EVIDENCE. I. Subscribing Witness. II. Commission to examine Witnesses. grounds, depart from the ordinary 1 W. 4. c. 22. Follett v. Delany, 775. III. Certified Copies of Proceedings VI. Identity of Defendant See in the Insolvent Court. A certified copy, under the seal of the insolvent debtors court, of the assignment from the provisional assignee, is, under the 7 G. 4. c. 57. s. 19., evidence of such assignment, without proof of any petition having been filed by the insolvent, or of any appointment of an assignee. Doe d. Hemming v. Willets, 709. BANKRUPT, II. TROVER, II. EXECUTOR. Allegation of pleading by, of proof of FACTOR. Set-off against Principal, of Debt due from the Factor. that B. is selling them as factor. He cannot, in an action by the principal for the price, set off a debt due to him from B., although it is found that A. made the purchase bona fide. Fish v. Kempton, 687. IV. Stewards' Accounts. An antient roll found amongst the muniments of a manor, containing the reeve's account of moneys received by him on account of the lord, followed by an account of 1. A. buys goods of B., knowing moneys expended by him on account of the lord, was tendered as evidence of a fact noticed in one of the items of discharge for which the reeve took credit in the account. This entry was rejected, on the ground that it did not appear on the face of the account that the reeve gave credit for any sum applied to the discharge of that particular item. Held, (by Coltman, Maule, Cresswell, and V. Williams, JJ., absente, el, ut videtur, dissentiente, Wilde, C. J.) that the evidence was properly rejected. Doe d. Kinglake v. Bevis, 456. 2. But semble, that payment to B., though made prematurely, would, if made bona fide, bind the principal. Ib. FINE. For licence to demise for twelve years. 476. FLORENCE. V. Private Books-See PRINCIPAL Affidavit sworn before the British AND AGENT, 4. Minister See HUSBAND AND WIFE, 1. --- FOREIGN ATTACHMENT. FOREIGN ATTACHMENT. 610 HERBAGIUM TERRÆ. HERIOTS, 466 (d).` HOCKDEY. HUSBAND AND WIFE. Conveyance by Married Women, un der the 3 & 4 W. 4. c. 74. 1. Affidavit.]-The court will not per officer under the 3 & 4 W. 4. difficulty in getting it sworn before some properly constituted authority at that place. In re Baroness Dunsany, 119. 2. Wife's Provision.]—Where property is sold under the compulsory provisions of an act of parliament, that part of the rule of Hilary term, 4 W. 4., which directs inquiry to be made of a married woman at the time of acknowledging a deed to convey her interest under the 3 & 4 W. 4. c. 74., whether any provision is made for her in consideration of her so giving up her interest, is inapplicable. In re Elizabeth Ellen Foster, 120. IMMATERIAL ISSUE. See COVENANT, I. 2. IMMATERIAL TRAVERSE. INCORPORATED COMPANY. INDEMNITY. A., tenant to B., received notice from C., a mortgagee of C.'s term, that the interest was in ar INTERPLEADER. rear, and requiring payment to INSPECTION OF DOCUMENTS. her, B., of the rent then due. A., notwithstanding this notice, paid the rent to B. (under an indemnity which turned out to be unauthorised), and was afterwards compelled, by distress, to pay the amount over again to C.:- At the trial, in support of a special count founded upon the indemnity, the plaintiff proved that one H. was B.'s general attorney; and he then proposed to prove that H. as such attorney, had given the indemnity-Held, that this evidence was not admissible, in the absence of proof of H.'s authority to make such a contract for his client. Higgs v. Scott, 63. And see COVENANT, I. 4. See PRACTICE, XI. INSURANCE. Changing Venue in Action on a Policy- See PRACTICE, VII. 1. INTER PLEADER. Maintenance of Claim. 1. Affidavits.]-Upon an application for a rule or order under the interpleader act, an affidavit by the claimant himself, in support of his claim, is not indispensable. Webster v. Delafield, 187. And, semble, per Maule, J., that no affidavit at all is necessary. Ib. The sheriff having seized goods under a fi. fa., a claim was made on behalf of A., who was resident in Paris. Upon an interpleader summons, A.'s attorney made an affidavit, that he had been informed, and, from documents, vouchers, and receipts in his possession, believed, that the goods seized were the bonâ fide property of A.: - Held, — V. Williams, J., dissentiente,-that this was a sufficient maintaining of the claim, to justify the judge (or the court, on the judge's refusal,) in directing an issue. Ib. 2. Security for Costs.]-And it was made part of the rule, that the claimant should give security for costs. Ib. |