nued.

734

against the principal at the request of the surety, securing the obligee by paying the amount of the bond into a banker's. Page 646 2. A surety may be sued in the first instance: but if the creditor sues the principal first, and gives time, the surety is discharged. 3. Surety, depositing the money and indemnifying against expence, &c. may compel the creditor to go against the principal, and even to prove under a commission of bankruptcy for the benefit of the surety. 734 4. The discharge of a surety by the creditor has not the effect of a discharge of the principal without reserve; and therefore a co-surety is not discharged. When it is ascertained, what each of the co-sureties has paid beyond his proportion, the equity as between them is arranged upon the principle of contribution for the excess. Ex parte Gifford.

805

5. Grounds of the decision, that a discharge of the principal debtor, without a reserve of the remedy against the surety, discharges the surety.

entitled to attested copies at the expence of the vendor, notwithstanding the inconvenience and expence. Dare v. Tucker. Page 460 2. Charge or direction by deed or will for payment of debts generally, followed by specific dispositions: the purchaser is not bound to see to the application. 654 3. In the case of a bargain and sale without enrolment the vendor will be compelled to make a title. 745 See Agreement, 10, 15. Bankrupt, 26, 27, 29, 30. Executor, 2. Lien, 4, 5. Partner, 3. Prac tice, 25, 29. Trust, 7.

RANK MODUS.-See Tithes.
RECEIVER.

1. Upon a motion, that a Receiver may be at liberty to defend an ejectment, the parties interested being adult and consenting, a reference was made, whether it was for their benefit. Anonymous.

287 2. A Receiver is not to lay out money in repairs at his own discretion: but under circumstances an inquiry was directed; and the Report stating, that the expenditure was for the lasting benefit of the estate and by the direction of the trustees, the order for the allowance was made. Blunt v. Clitherow. See Account, 2. Party. Practice, 22. REDEMPTION.-See Mortgage. REGISTRY OF SHIP.

799

1. Where the interest in a ship is derived under the party's own act and contract, not executed according to

232

1. Construction of a covenant for renewal under the like covenants, &c.; that it was not for perpetual renewal: the Courts leaning against that construction, unless clearly intended. Moore v. Foley. 2. A leasehold estate renewable being bequeathed with limitations in the nature of a strict settlement, the habit being to renew annually and to underlet, the decree declared, that the fines upon renewal ought to be paid out of the rents and profits; and that the person entitled for life undertaking to pay those fines out of the rents and profits was entitled to 2 the fines on renewal of the underleases; and a renewal of such of the under-tenants as should be desirous of it was directed. Milles v. Milles. 761

'

REPRESENTATIVES.

See Answer, 1. Bill to perpetuate Testimony, 2.

RESIDUE.-See Resulting Trust.

RESULTING TRUST. Executor held a trustee for the next of kin of the residue undisposed of upon a legacy, against an argument upon the will opposing the presumption. Abbott v. Abbott. Page 343 See Charity, 1. Evidence, 4. Execu

tor, 1.

REVERSION.-See Tenant, 1. REVERSIONARY TERM. See Portion, 1.

REVOCATION.

199

1. Devise of fee-farm rents revoked in equity as well as at law by subsequent conyeyance to a trustee, operating an alteration of the estate beyond the mere purpose of securing a mortgage: but on account of the laches of the Plaintiffs, the heirs at law, the Master of the Rolls would not assist them further than by retaining the bill; with liberty to bring such action or suit as they may be advised; to give an opportunity of taking the opinion of a Court of Law upon the question, whether there is a revocation at law; or, whether a Court of Law will presume republication from the long possession, leaving open the question, whether the Plaintiffs are entitled to any account, or how far back. Harmood v. Oglander. 2. Whether the whole legal estate is conveyed, whether for a partial or general purpose, with the single exception of the case of partition, a Court of Law has nothing to do with the purpose; but is to see, whether the interest remains the same in the devisor as at the date of the will: if not, whether the purpose is partial or general, by way of charge, or not, it is a revocation at law. 3. The question in a Court of Law as to the revocation of a will is only, whether the legal devise is revoked by the deed. All other questions as to the partial purpose, &c. are merely equitable questions. The case of partition is anomalous. 4. Where the deed, clearly revoking the will at law, is only for the partial purpose of introducing a particular

218

219

REVOCATION-continued.

221

charge or incumbrance, and does
not affect the interest of the testator
beyond that purpose, it is only a
partial revocation in equity; and
though, after that purpose is an-
swered, the use is declared for the
testator and his heirs, a Court of
Equity will hold the party a trustee
for the devisees: so upon a devise of
an equitable estate, and a subsequent
conveyance of the legal estate to the
devisor and his heirs.
Page 219
5. Devise not revoked in equity by a
mortgage in fee for payment of
debts; though after the debts are
paid the devisor takes a conveyance
to him and his heirs.
6. Any alteration of the estate, or a
new estate taken, is at law a revo-
cation, whether for a partial or a
general purpose; to which a Court
of Law cannot advert; neither ought
they to take any notice of articles
or covenants, charging the estate in
equity; but only to say upon the
will and the subsequent deed, whe-
ther the old estate is changed, and
a new estate acquired.
7. Equity never controls the law upon
revocation, except, where the bene-
ficial interest, being distinct from
the legal estate, is devised, and the
devisor afterwards takes the legal
estate without any new modification
or alteration: 2dly, Where having
the complete legal and beneficial
estate at the date of the will he de-
vests himself of the legal estate;
but remains owner of the equitable
interest; as in the case of a mort-
gage or a conveyance for payment
of debts.

222

223

Bill by insurance broker for a disco-
very and account of money paid
and received by him in that capacity
on account of the Defendants, and
money due to him for commission,&c.
and for promisory notes indorsed to
him, and to restrain an action, as
brought contrary to the universal
custom of the business. Demurrer
allowed the subject being matter of
set-off, and capable of proof at law.
Dinwiddie v. Bailey.

SETTLEMENT.

See Baron and Fême, 4.
newal, 2.

136

Re-

SHIP REGISTRY. See Partner, 3. Ship, 1.

SOCIETY.

Sec Friendly Society. Partner, 5. SOLICITOR.

1. The Court will not strike a solicitor off the roll at his own request without an affidavit, that there is no other reason for the application. Ex parte Owen. Page 11 2. Order, without a cause in Court, upon the general jurisdiction over a solicitor, that he shall deliver his bill; for the purpose of getting from him the title-deeds deposited with him for suffering recoveries, &c. Ex parte The Earl of Uxbridge. 425 3. Solicitors modern officers of the Court compared with Clerks inCourt.

T.

No tacking against creditors or assig nees for valuable consideration. Adams v. Claxton. Page 226

TENANT.

293

1. Duty of the tenant to keep the
boundaries; and the Court will aid
the reversioner to distinguish them;
and, if they cannot be distinguished
will give him as much land.
2. Bill for a specific performance of a
parol agreement to grant a farm
lease with the usual and customary
covenants of the neighbourhood,
and an injunction to prevent an
ejectment; the Plaintiff having taken
possession. Upon the answer, stat-
ing the insolvency of the Plaintiff
and various breaches of the agree-
ment during five years possession,
to the ruin of the estate, the injunc-
tion was continued on an under-
taking to give judgment in ejectment,
go to Commission, and set down the
cause for next Term, paying the rent
into Court. Defendant also insisting
on a covenant not to assign, that is
the subject of inquiry as to the cus-
tom of the neighbourhood. Board-
man v. Mostyn.

See Injunction, 3. Waste, 4.
TENANT FOR LIFE.

467

See Renewal, 2. Waste, 2, 3, 5, 6.
TENANT IN COMMON.
See Joint-tenant.

TERM OUTSTANDING.
See Practice, 12.

TERM REVERSIONARY.
See Portion, 1.

TERM SATISFIED.
See Mortgage, 2.

TESTIMONY.

See Bill to perpetuate. TIMBER.-See Account, 2. Waste. TITHES.

1. Issue directed on a modus for certain lands, amounting to 1s. per acre for all tithes; notwithstanding the apparent rankness. O'Connor V Cook.

665

TRUST AND TRUSTEE-continued. negligence; and without prejudice to an action; and with an option to the Plaintiff to take an issue. Evans v. Bicknell. Page 174 3. Trustee not charged with a loss by the failure of the banker to the agent; in whose hands the money was deposited, pending a transaction for the change of a trustee. Adams v. Claxton.

226 4. General rule, that he who bargains in matter of advantage with a person placing confidence in him, is bound to shew that a reasonable use has been made of that confidence. 278 5. On motion, a reference directed to inquire whether the Defendant, a trustee, remains accountable for any acts done by him as trustee; and, if not, to settle a release. Osborne.

V.

455

UNION OF GREAT BRITAIN AND IRELAND.-See Patent, 3. UNIVERSITIES.-See Copyright. USE.-See Superstitious Use.

V. VENDOR AND VENDEE. See Agreement, 10. Legacy, 2. Lien, 4, 5. Purchase.