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A TABLE OF THE CASES REPORTED.

vii

Page

Page Jernings ex parte

331 Muncaster, Lord, and others, Jennings v. Hopton 211 Pennington v.

555 Jeudwine r. Alcock and another 597

N.
K.

Neale and others, Stephens v. - 550 Key es parte

426 Nicholas, Southwell t. (in note) 9 Kingdon er parte 446 Noble v. Garland

344 Kinnaird, Lord v. Lady Saltoun 227 Noel, Margravine of Anspach v. 310 Knatchbull v. Grueber

153 Noel and another o. Ward and Knight T. Matthews

566
others

339

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.

L.

O.
Lansdowne t. Lansdowne 116
Leake and others, Thompson

Ord and others, Tempest and
others v.

89 and others v.

39 Leeming, Moodie & Ux. 0. 85 L-e, Matthews v.

558

P. Lloyd v. Williams 450 Papera, Howard t.

142 Logan v. Grant 626 Parry, Cope v.

83 Lowndes v. Taylor

Peake ex parte 423

346 Lynch and another ex parte 15 Pennington v. Lord Muncaster Lyon v. Mitchell and others 467 and others

555 Pitt, Tothill o.

489 M.

Phipps and another v. Pilcher 144 Margravine of Anspach v. Noel 310 Powell ex parte

68 Marples and others, v. Bain- Prinsep, Baring v. bridge and others 590 Pryce v. Page

(in note) 321 Marsh ex parte

148 Purrier, Harford and others v. 532 Matthews 0. Knight Matthews v. L-e

Q. MWilliams ex parte 141 Quarrell v. Beckford

269 Millard and others, Holloway and others o.

R.

414 Missing, Cotteen v. 176 Ray ex parte

199 Mitchell, Lyon v.

467 Reid, Moodie v. Moodie v. Reid 516 Rew er parte

309 Moody & Ux. 7. Leening 85 Roberts ex parte

72 Muggridge and another, Annes- Robinson, Burgess v.

172 ley and another v. 593 Rodwell, Bowman v.

266

526

566

558

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516

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CA S ES

BEFORE THE

VICE-CHANCELLOR.

1815.

HOWELL v. GEORGE.

4th July. This was a bill for a specific performance; and

Specific perprayed, That the agreement might be specifically per

formance refused formed; and that the defendant might be decreed to do of un agreement,

to sell an estate and execute all acts necessary to be done on his part, for

in fee, by one who making a good title and conveyance in fee-simple of the supposed he was premises, free from the land-tax and other encumbrances, absolute owner of to the plaintiff, his heirs and assigns, or as he should the estate, when appoint.

he was only tenant

for life, un

der a settlement, The agreement was as follows :—“ Be it remembered, with a prociso " that it was agreed, this 21st day of March 1804, empowering him

between John George, of Cherrington, in the county of to purchaseun Gloucester, gentleman, of the one part; and Thomas estate in fee Howel, of the Bourne, in the parish of Stroud, in the simple in posses

sion, in some convenient place or places in England, of equal or better value, and to settle the same to him in lieu of the settled estate, which was then to be his own."

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" said county, maltster, of the other part; as follows: “ The said John George, for and in consideration of “ the sum of one pound and one shilling, to him now

paid, and of the sum of 1,4981. 198. and 5,000l. to “ be paid at the time and in manner as hereinafter is

mentioned, with interest for the same from the 25th

day of March now instant, doth hereby, for himself, “ his heirs, executors and administrators, covenant,

promise and agree to and with the said Thomas Howel, his heirs and assigns, that he, the said John George, his heirs, executors, administrators, or assigns, shall and will, on or before the 25th day of March 1805, by such conveyance and assurances, ways and

means in the law, as he the said Thomas Howel, his " heirs or assigns, or his or their counsel or solicitor, “ shall reasonably advise, devise and require, and cause

all proper and necessary parties to join therein, well “ and sufficiently release, convey and assure, unto the " said Thomas Howel, his heirs or assigns, or to such

person or persons as he or they shall direct or appoint, free from all encumbrances and the old land-tax, all those several messuages, tenements or dwellinghouses, &c. [describing the premises] : And that the said Thomas Howel shall and may receive the rents from all the premises from the 25th day of March

now instant. And the said Thomas Howel, for the “ consideration before expressed, doth hereby, for him

self, his heirs, executors and administrators, promise “ and agree to and with the said John George, his " heirs and assigns, that he the said Thomas Howel, “ his heirs, executors, administrators, some or one of “ them, shall and will well and truly pay, or cause “ to be paid, unto the said John George, his heirs or “ assigns, the sum of 1,4981. 19 s. on or before the

1815.

Howel

25th day of April now next ensuing; and the further sum of 5,000), on or before the 25th day of March

1805, with lawful interest for the said sum of 5,000l. “ from the 25th day of March now instant. (Signed) John George, Thomas Howel ; witness, George Wathen: one guinea having been paid in part.”

GEORGE.

By a Settlement made previous to the marriage of the defendant, the premises, in question, were conveyed by Peter Leversage the elder, since deceased, the father of the defendant's wife, to Peter Leversage the younger, and William George, and their heirs, to the use of said Peter Leversage the elder, and his assigns, till the marriage of defendant and his said wife: and after the solemnization thereof to the use of said Peter Leversage the elder and his assigns, for his life, with remainder to the use of said Peter Leversage the younger, and William George, and their heirs, during his life, to preserve contingent remainders; with remainder to the use of Frances Leversage, wife of Peter Leversage the elder (since dead), and her assigns, for her life; with remainder to the use of said Peter Leversage the younger, and William George, and their heirs, during her life, to preserve contingent remainders; with remainder to the use of defendant, and his assigns, for life; with remainder to the use of said trustees and their heirs, during the life of defendant, to preserve contingent remainders; with remainder to the use of Elizabeth Leversage, the wife of defendant, and her assigns for her life, with remainder to said trustees and their heirs, in like manner to preserve contingent remainders; with remainder to the use of the first and other sons of the body of the defendant and his said wife, severally and successively in tail general, with remainder to the use of

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