AUCTION. 1. At an auction one person only bids for the vendor to 751. an acre upon a private notice to the auctioneer: then after a contest with real bidders the estate was bought at 1017. 17s. an acre: and the purchaser some days afterwards paid the duty: he was decreed to perform the contract with costs. Bramley v. Alt. 620 2. Where all the bidders at an auc tion except the buyer are bidding for the seller without notice, and the buyer is thereby induced to give more than the value, neither Courts of Law nor Equity will support it. 624 3. No objection to a sale by auction that persons were employed by the vendor to bid for him without public notice. B BAILOR AND BAILEE. See Discovery, 2. BANK OF ENGLAND. 627 |BANKRUPT―continued. of fraud and misconduct. Lock v. Bromley. 40 3. Security made by a debtor insolvent, his effects under execu. tion, and not two months before bankruptcy, upon a previous application of a creditor ignorant of those circumstances; the Lord Chancellor thought it valid; but permitted the assignees to bring an action. Ex parte Scudamore. 28 85 4. Delivery of effects in contemplation of bankruptcy to a creditor, though standing perfectly bona fide, is bad, if voluntary and without pressure. 5. Annuity by will charged upon real estate for A. for life, payable to him only, upon his own receipt and no other, and to cease immediately on alienation, ceases by the bankruptcy and bargain and sale of the estate of A. Dommett v. Bedford. 149 6. Assignees of bankrupt taking his wife's fortune out of the Court must make a provision for her. They consented to give her half. Brown v. Clark. 167 7. Upon petition of joint cred itors to be admitted to prove under a separate commission it was ordered, that they shall be admitted; but not to receive a dividend; and that the dividend shall be reserved, till an account is taken of what they have or might have received from the partnership effects. Ex parte Elton. 238 8. Joint creditor a good petitioning creditor under a separate commission. 239 9. Commission of bankruptcy is not now treated as an execution at law; for the distribution is equitable. 239 10. Separate creditors cannot take a dividend upon the joint estate rateably with the joint creditors: each estate is applicable to its own debts. 240 BANKRUPT-continued. 11. In bankruptcy the usual directions are to apply the funds respectively; the joint to the joint debts, the separate to the separate debts; the surplus of each to the creditors remaining on the other. 241 12. Accommodation bills upon the bankruptcy of the drawer were fully paid by the acceptors to the holder; who having a farther demand under the commission proved for the whole, including the bills; he may take out of the dividend upon the bills the proportion, he would have received upon the residue of his debt beyond the bills, if the debt for the bills had been expunged; the rest of the dividend on the bills belongs to the acceptor. Ex parte Turner. 243 13. Separate commission of bankruptcy against one partner: the other paid the joint debts: a debtor to the partnership being also a separate creditor of the bankrupt was allowed upon petition to set off against the bankrupt's share of the joint debt, and to prove the residue of his separate debt, the solvent partner consenting to receive his share. Ex parte Quintin. 248 14. Bankruptcy of a person, who has agreed to purchase, does not discharge the contract. 15. Acceptor becoming bankrupt, the petitioner having indorsed before the bankruptcy took up the bill he may prove; but cannot set off a debt due from him to the estate. Ex parte Hale. 349 16. Creditor by compromising his debt after having struck a docket forfeits the debt.* Ex parte Gedge. 17. A person giving cash for a bill without the indorsement of the person, from whom he takes it, cannot prove it under his bank * Over-ruled, ante, vol. i. 158, n. 255 349 |BANKRUPT-continued. ruptcy. Ex parte Shuttleworth. 368 18. Assignees of a bankrupt, Defendants in respect of an interest in his wife, cannot take it without making a provision for her. Freeman v. Parsley. 421 19. The bond upon suing out a commission of bankruptcy must be by the petitioning creditor, the commission therefore was superseded on account of his infancy. Ex parte Barrow. 554 20. Assignees of a bankrupt recovered in an action against the Bank stock standing in the name of the wife. 620 21. A bond, assigned after a secret act of bankruptcy by the assignor, as security for money, afterwards paid to his use, cannot be retained against the assignees under the commission. Hammersley v. Purling. 757 See Bond, 3. Demurrer. Illegal Contract, 1. Lunatic. Privilege, 2. Voluntary Settlement. BARON AND FEME. 1. Husband claiming his wife's fortune in Equity: though there was a separate provision, the Court not thinking it sufficient to make him increase it. 98 2. Trust under marriage settlement for the next of kin of the wife, subject to her appointment by will with two witnesses: appointment in favor of the husband by an unattested will being void, the children are entitled; not the husband; who is not of kin to his wife; and whose claim to her personal property is not in that character under the statute, but jure mariti; and in this case according to the plan of the settlement he was not intended. Watt v. Watt. 244 3. Testator gave 10007. stock to a married woman for her separate use, and whenever she should BARON AND FEME-continued. |BARON AND FEME-continued. die, to be absolutely in her own : 10. Dower barred by settlement pre- death of his wife: therefore it BEQUEST.-See Will, 4. Trust in a deed of separation to permit A. to receive the divi- dends of stock for the mainte- nance and support of the wife, with a covenant of indemnity to an annuity out of the dividends 1. Joint bond considered as joint and several. Thomas v. Frazer. 437 399 2. Joint bond held several against creditors in the administration 3. Joint bond held several in bank- See Interest, 11. Bond in consideration of future can be sued as a feme sole.* BOUNDARIES.-See Discovery, 1. 443 7. Settlement upon marriage of the wife's property only upon certain trusts for the husband, wife, and children; in one event for the husband absolutely; but making no provision for the event that happened; a resulting trust for 8. Husband's interest by marriage in his wife's personal property, terest. 1. Where a charity cannot be exe- cuted, as directed, but the gene- ral purpose appears distinct, and may be in substance attained by another mode, it shall be exe- bequest attached to a void char- ity, as an endowment, must fall 2. The Court will not execute a power given by the testator to trustees to continue his charities should think fit. Coxe v. Basset. 3. In administering a charity, CHARITY-continued. CHARITY-continued. fails, the general intention shall Queen Anne's Bounty alone an- Chester not having been within the custom. 4. A college, devisee in remainder CHILD.-See Parent. 338 CLIVE'S (LORD) BOUNTY. 203 Master was directed to receive a CODICIL.-See Will 8, 31. General v. Andrew. 6. The general charitable purpose 714 1. A condition inconsistent with oto. 324 325 yer. A legal instrument is not to be the reign of Elizabeth. 726 CONTINGENCY. Sce Legacy, 4,5, 9. Will. 3, 5. 1. The idea of supplying a surren- DEVISE.-See Will. 253 Bankrupt. Bond, 3. Laches, 2. DESCENDANTS.-See Issue, 1. CROSS REMAINDER. Cross remainders implied. Burn-DISCOVERY. DEBTS.-See Assets. Charge. In- DOUBLE LEGACIES. terest, 7. Will, 58. DECREE PRO CONFESSO. Information decreed to be taken 226 80 pro confesso upon two insuffi- DURESS.-See injunction, 2. cient answers. Attorney Gene ral v. Young. DEED. See Practice, 10. 209 Though a formal mistake in a deed E ECCLESIASTICAL COURT. See Marriage, 4. |