EVIDENCE. ESTOPPEL. See EJECTMENT, 3. I. Tenancy by, See 126. (b). EVIDENCE. And see AGREEMENT, 2. BILLS AND NOTES, 1.5. DIVORCE, 1. LEASE, 1. PARTNER, 3. WITNESS. I. Parol evidence, to control contract by deed. 1. Where land in the possession of a tenant for years, is conveyed by deed, the right of the purchaser, as assignee of the reversion, to receive the whole rent for the current quarter, cannot be controlled by a contemporaneous parol agreement, to apportion the quarter's rent between the assignor and assignee. Flinn v. Calow. Page 589 II. Relevancy of evidence. See TRESPASS, 1. III. Improper admission of evidence, effect of, See 358. Ibid. note (b). IV. Inrolment in Chancery, how proved. 2. Under the mortmain act of 9 G. 2. c. 36., the production of an indenture having an indorsement, which purports to be a memorandum of the inrolment of the indenture in chancery on a certain day, and to be signed by a party who is shewn to have acted as clerk of the inrolments, though not so designated in the indorsement, is sufficient proof of the inrolment, and of the time at which it took place, EXCHEQUER BILLS. 1031 without proof of the handwriting of the officer signing the memorandum. Doe dem. Williams and Others v. Lloyd. Page 761 EXCHEQUER BILLS. I. Effect of possession of, 1. A., in South America, remits to B. in London, with directions to invest the amount in exchequer bills, and to hold the exchequer bills, when purchased, upon A.'s account. B. having purchased the exchequer bills in his own name, places them in a box, which he locks and deposits with his banker, C. Interest becoming due, and it being necessary to exchange the exchequer bills for new ones, B. takes the exchequer bills from the box, and delivers them to C. for that purpose. The interest being received and the exchequer bills exchanged, C. credits B.'s account with the interest, and in the course of a week or two delivers the renewed exchequer bills to B., who locks them up in the box. The exchequer bills are not entered in B.'s pass-book, nor are they noticed in any of C.'s books. After one of these exchanges of exchequer bills, and before the renewed exchequer bills are received by B. from C., or deposited in the box, B.'s account with C. becomes overdrawn, C. having no notice that the exchequer bills belong to A., or that they are not the property of B. C. has no lien upon the exchequer bills for the FORCIBLE ENTRY. præcipe and to lead the uses of the recovery, "all the lands of the recoveree in the parish of A. in the county of M., and all other her lands in the county," were conveyed. The court refused to amend the recovery, holding that the omission of the parish of B. was cured by the eighth section of the act for the abolition of fines and recoveries, 3 & 4 W. 4. c. 74. Heming, demandant; Griffithes, tenant; Best and Wife, vouchers. Page 879 II. Acknowledgment of deed by married woman. See ACKNOWledgment, 1. III. Dispensation with concurrence of husband. In court of antient demesne. 41. (a) 2. To ground an application under 3 & 4 W. 4. c. 74. s. 75., to enable a wife to convey, there must be an affidavit from her shewing her concurrence; and if the husband do not join, his non-concurrence must be accounted for by affidavit. Mary Williams, In re. And see RIGHts, Writ of. FORCIBLE ENTRY. 881 3. The claimant of the goods attached, against whom it has been considered that judgment be entered for the plaintiffs (for whom a 3. verdict had been found on an issue taken upon a counter-plea of the claim), may bring a writ of error, although the original defendant has not appeared. Ibid. 4. Quare, Whether the adding the IV. Judgment of goods, 12. 41. (a). tatus, in debt for goods bargained and sold, it is open to the defendant to take the objection that the contract is void under this section. Fricker v. Thomlinson. 772 But, semble, that the objection. is answered by shewing an acceptance and actual receipt of part of the goods, even after action brought. Ibid. FRIENDLY SOCIETY. See BENEFIT SOCIETY. GAMING. See PLEADING, 8. GAOL, REGULATIONS OF. See PRISONer. GUARANTEE. See STAYING PROCEEDINGS, 2. IMPOUNDING. I. Impounding on the demised premises, at what period complete. 1. A bailiff having distrained upon cattle, leaves with the distraince a note, stating their number. On the following morning he delivers to the distrainee a notice, stating, that he has distrained upon the cattle, and has "impounded them in the place or places hereunder mentioned;" which notice concludes thus, "An inventory of the cattle, &c. distrained upon, and the same are impounded upon, the premises." Held, that the impounding was complete, as against a tender of rent and costs, subsequent to the notice. Per Tindal C. J. hæsitantibus Bosanquet and Erskine JJ. Maule J. dissentiente. Thomas v. Harries. Page 695 INDUCEMENT, MATTER OF, question of fact for the jury. Harrison v. Fane. Page 550 INROLMENT. 4. But where, upon such an issue, I. Of attorneys. it appeared that the defendant was See ATTORNEY, 9. See EVIDENCE, 2. INSTALMENTS, Page 308. n. an Oxford student, and the plain- II. Of deeds. plaintiff, and granted a new trial INSTRUMENTS, LEGAL. To be pleaded according to their 281. (d). legal effect. INSURANCE. I. Interest in subject insured. |