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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

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|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.

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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
power to dispose of by will or
writing purporting to be her will
to any person or persons, pur-
pose or purposes, she should
think proper but in case of
failure of any such disposition
or appointment, to go over:
this is not a power, but an abso-
lute gift, qualified only to ex-
clude the husband upon the

:

10. Dower barred by settlement pre-
vious to marriage, but during
the infancy of the wife, of stock
and leasehold property, partly
the husband's, partly the wife's.
Chitty v. Chitty.
545
See Alien. Bankrupt, 6, 18,
20. Interest, 4. Marriage,
4. Practice, 9. Voluntary
Settlement. Trust, 8. Ward
of Court.

399

2. Joint bond held several against

creditors in the administration

of assets. Burn v. Burn. 573

3. Joint bond held several in bank-

ruptcy.

575

See Interest, 11.
BOND pro turpi Causa.

Bond in consideration of future
cohabitation void at law. 371

can be sued as a feme sole.* BOUNDARIES.-See Discovery, 1.

443

terest.

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CHARITY-continued.

CHARITY-continued.

fails, the general intention shall
be executed Cy pres: therefore
upon a trust for the vicars of P.
provided, they should be pre-
sented at the recommendation of
the trustees, the trustees, neg-
lecting to recommend, the Chan- CHATTEL.-See Trust, 1.
cellor, the presentation being in CHESTER.
the Crown, presented: held, the
vicar was entitled to the benefit
of the trust. Attorney General|

Queen Anne's Bounty alone an-
swer the description; and as all
their funds are laid out in land,
the bequest is void by the Statute
of Mortmain. Middleton V.
Clitherow.
734

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Chester not having been within the
province of York at the time of
Henry VIII. is not within the

custom.

4. A college, devisee in remainder CHILD.-See Parent.
after estates for lives, in trust
for purposes partly for their own
benefit, and very specific with
respect to them, held not to have
accepted the devise by acts done
merely to preserve the fund; and
refusing to accept after the
death of the tenants for life, the

338

CLIVE'S (LORD) BOUNTY.
To entitle the widow of an officer
in the East India Company's
service to Lord Clive's bounty,
the marriage must have taken
place before he retired from the
service. M'Kenny v. East In-
dia Company.

203

Master was directed to receive a CODICIL.-See Will 8, 31.
proposal, in order to have it de- COLLIERY.-See Will, 18.
termined, whether it could be COMPOSITION.-See Fraud, 3.
executed Cy pres.
Attorney CONDITION.
633

General v. Andrew.
5. Upon a devise to a good chari-
table use the heir has no right
to the rents and profits accrued,
before the devise is carried into
effect. Attorney General v.
Bowyer.
714

6. The general charitable purpose
of the testator shall be executed
upon the doctrine of Cy pres:
though the particular purpose
fails. Attorney General v. Bow-

714

1. A condition inconsistent with
the gift is void; therefore upon
a bequest to A. for life; and at
his decease to his heirs, execu-
tors, &c. but if he attempts to
dispose of the principal, over, he
takes the absolute interest; and
the condition being inconsistent
with it is void. Bradley v. Peix-

oto.

324
2. Condition, that tenant in fee
shall not alien, or that tenant in
tail shall not suffer a recovery,
is void.

325
See Exception. Limitation
over. Marriage, 1.
CONSIGNEE.-See Practice, 2.
Attorney CONSTRUCTION.
714

yer.
7. An account decreed, and a re-
ceiver appointed upon the laches
of the heirs, substituted by de-
cree as trustees to execute a de-
vise to a charity.
General v. Bowyer.
8. The jurisdiction of the Court of
Chancery upon Informations for
establishing charities arose since

A legal instrument is not to be
construed by the acts of the
parties. Baynham v. Guy's
Hospital.
295, 694

the reign of Elizabeth. 726 CONTINGENCY.
9. Bequest to the Society for in-
creasing Clergymen's livings in
England and Wales for the per-
petual purpose of increasing!
their livings: the Governors of

Sce Legacy, 4,5, 9. Will. 3, 5.
COPYHOLD.

1. The idea of supplying a surren-
der began after the Statute of
Charitable Uses.
69

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DEVISE.-See Will.

253

Bankrupt. Bond, 3. Laches, 2. DESCENDANTS.-See Issue, 1.

CROSS REMAINDER.

Cross remainders implied. Burn-DISCOVERY.

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DEBTS.-See Assets. Charge. In- DOUBLE LEGACIES.

terest, 7.

Will, 58.

DECREE PRO CONFESSO.

Information decreed to be taken

226

80

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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.

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