« ForrigeFortsett »
A TABLE OF THE CASES REPORTED.
Page Jernings ex parte
331 Muncaster, Lord, and others, Jennings v. Hopton 211 Pennington v.
555 Jeudwine r. Alcock and another 597
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
Ord and others, Tempest and
89 and others v.
39 Leeming, Moodie & Ux. 0. 85 L-e, Matthews v.
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.
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.
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.
Saltoun, Lady, Lord Kinnaird v. 227
Vypond ex parte
Smith and others, Hill v. 290 Wainewright v. Elwell
Walker, Boothby v.
Southwell v. Nicholas (in note) 9 Wall 0. Stubbs
Wells en parte
CA S ES
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 purchase“ un “ 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."
" 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
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 Wa“ then: one guinea having been paid in part.”
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