Page images
PDF
EPUB

TRESPASS, ACTION OF. On the question, whether a
freeholder, who, in order to get into possession of his
land, assaults a person wrongfully holding possession of
it against his will, is liable to, 401

tenant wrongfully holding over cannot maintain trespass
quare clausam fregit, ib.

the landlord may be liable to an indictment for the assault
and breach of the peace, ib.

the principal authority for the liability to an action is the
case of Newton v. Harland, ib.

difference of opinion among the judges in that case, 402
unsettled state of the authorities on the question, ib.
practical suggestions, ib.

TREVOR, T. T. Appointed a commissioner for taking the
acknowledgments of deeds to be executed by married
women, 39

TROVER. When it will lie against the vendee of stolen
goods which have not been sold in market overt, 513,
514
TRUST OR POWER in the nature of a personal confidence.
On the rule, that it does not pass with the estate, but
can only be exercised by persons answering strictly the
description of those to whom it is expressly given, 129
this rule may now be regarded as settled, ib.
review of the authorities thereon, ib., 130
remarks on the recent case of Cooke v. Crawford, 130
artificial character of the reasoning on which the doctrine

in all these cases has, in its origin, proceeded, ib.
remarks thereon, ib.
difficulty which still exists in determining what is a power
or trust in the nature of a personal confidence, ib.
the extent to which the above rule will be applied must
depend on the extent to which it can be gathered
that the testator or settlor intended the power or
trust to be a matter of personal confidence, ib.
statement of cases in which the doctrine applies, ib.
distinction which may exist where the trust is wholly or
partially for the benefit of the donee, ib.

the same subject further considered, 181
observations on the case of Titley v. Wolstenholme, ib.
this case does not appear to bear upon that of Cooke v.
Crawford, 182

TRUSTEES having discretionary powers of investment. On
the liability of, 227

conflict of authorities on this question, ib.

what is the principle to be collected from the authorities
which bear on the liabilities of trustees in gene-
ral, ib.

general rules on this question, ib.

examination of the cases of Hockley v. Bantock and Watts
v. Girdlestone, ib., 228

these cases appear to carry the equitable control of the
court too far, 228

the recent case of Shepperd v. Mouls seems to contain
the true doctrine, ib.

TRUSTS. On the operation of time as a bar to the claim of
the cestui que trust, as between him and his trustee, 97
rule in equity as to express trusts, before the statute 3 &
4 Will. 4, c. 27, ib.

rule as to implied trusts, ib.

effect of the above statute on this rule, ib.

TWISLETON, E. T. B., Esq. Appointed to be the fourth
poor-law commissioner, 443

UNITED STATES, SUPREME COURT OF. Decisions
in, on the question, whether judgment recovered against
one of two joint contractors is, of itself, without execu-
tion, a bar to an action for the same debt against another
UNREGISTERED JUDGMENTS.
joint contractor, 10

On the effect of,
against purchasers and mortgagees without notice, 131
enactments of 4 & 5 W. & M. c. 20, and the Middlesex
and Yorkshire Registry Acts, ib.

review of decisions thereon, ib.

difficulties introduced by the 1 & 2 Vict. c. 110, and the
2 & 3 Vict. c. 11, ib.

review of their enactments, ib.

questions which may be raised as to the combined effect of
these enactments, ib.

observations thereon, ib., 132

VACATION, THE LONG. On the inconvenience of the
practice of the equity judges prolonging their attend.
ance in open court during, 305

VOTES, CONVEYANCES FOR THE PURPOSE OF
MULTIPLYING. What are illegal, within the 7 & 8
Will. 3, c. 25, s. 7; 281

correspondence on the above subject, 296

WARNER, C. W., Esq. Appointed her Majesty's Attor-
ney-General for Trinidad, 86

WARRANTS FOR TIME TO ANSWER AMEND-
MENTS. New Orders of the Court of Chancery as
to, where the plaintiff amends his bill without requiring
an answer to the amendments, 324

WARREN, Mr. S. Review of his popular and practical In-
troduction to Law Studies, 403

WHEATLEY, R. B. Appointed a commissioner for taking
the acknowledgments of deeds to be executed by mar-
ried women, 443

WHITHAM, JAMES.

Appointed a commissioner for
taking the acknowledgments of deeds to be executed by
married women, 15

WIFE. Choses in action belonging to, before marriage do not
vest in the assignees of the husband on his becoming
bankrupt, so that they may sue thereon in their own
names, 105-107

WIGHTMAN, Mr. JUSTICE. Remarks on his judgment
WILLDERS, W. Appointed a commissioner for taking the
in the case of Howard v. Gossett, 161
acknowledgments of deeds to be executed by married
women, 529
Review of his Treatise on
WILLIAMS, Mr. JOSHUA.
the Principles of the Law of Real Property, 11, 12
WILLIAMS, Mr. JUSTICE. Remarks on his judgment in

the case of Howard v. Gossett, 162

remarks on his judgment in the case of Bird v. Jones, 425
WILLS. Advantages which might arise from the establish-
ment of a summary equitable jurisdiction in regard to
the execution of the trusts of, in certain cases, 174

difficulty which will sometimes occur in applying the pro- WINTER, J. Appointed a commissioner for taking the ac-

visions of the statute, ib.

illustrations of this, ib.

express; rule in equity, as to the operation of time as a
bar to the claim of the cestui que trust, as between
him and his trustee, in cases of, ib.
effect of the Statute of Limitations (3 & 4 Will. 4, c. 27)
on this rule, ib.
implied; rule in equity as to the operation of time as a
bar to the claim of the cestui que trust as between
him and his trustee, in cases of, ib., 98
effect of the Statute of Limitations (3 & 4 Will. 4, c. 27)
on this rule, ib.

charitable; on the proposal of the Lord Chancellor to
create a summary equitable jurisdiction for the ad-
ministration of the affairs of, in certain cases, 173,
174

of wills; advantages which might result from the esta-
blishment of a summary equitable jurisdiction in
regard to the execution of, in certain cases, 174
on the presumed acceptance of trusts, 262

knowledgments of deeds to be executed by married
women, 522

WITNESSES. New Order of the Court of Chancery as to
the depositions of, 336

WOOD, J. Appointed a commissioner for taking the ac-
knowledgments of deeds to be executed by married
women, 314

WOOD, W. Appointed a commissioner for taking the ac-
knowledgments of deeds to be executed by married
women, 309

WORDS, SLANDEROUS. On the circumstances un tr
which the law allows a person to republish, 357
WORTLEY, Hon. J. S. Appointed Solicitor-neral to
her Majesty the Queen Dowager, 103
WYNDFORD, LORD. Death of, 63
YEAR TO YEAR. Tenancy for, so long as both parties please,
is determinable at the end of the first or any subse-
quent year, 433, 434

3 6105 06 040 367 7

1

[graphic]
« EelmineJätka »