OF

CASE S

ARGUED AND ADJúdged in the

Courts of King's Bench, Common Pleas,
and Exchequer.

TO WHICH ARE ADDED,

Some SPECIAL CASES in the COURT of CHANCERY;
And before the DELEGATES.

By the Right Hon. Sir JOHN COMYNS, Knt.
Late Lord Chief Baron of his Majefty's Court of Exchequer.

With TABLES of the CASES, and of the PRINCIPAL MATTERS.
The SECOND EDITION, Corrected;

With MARGINAL NOTES and REFERENCES to former and later Reports,
and other Books of Authority;

By SAMUEL ROSE, of Lincoln's-Inn, Esq.

IN TWO VOLUMES.

VOL. II.

LONDON:

PRINTED BY A. STRAHAN AND W. WOODFALL,
LAW-PRINTERS TO THE KING'S MOST EXCELLENT MAJESTY,
FOR WHIELDON AND BUTTERWORTH, IN FLEET-STREET.

1792.

LIBRARY OF THE

LELAND STANFORD, JR., UNIVERSITY

LAW DEPARTMENT.

a.55289

JUL 3 1901

1

DE

Termino Pafch.

2 Geo. II. In Scacc'.

[422]

T

The King verf. Huggins.

HIS was an action for an escape for the debt of the King against the defendant late Warden of the Fleet. Mr. Ward moved, that the defendant might be allowed the liberty of pleading non debet, & recent infecutus eft, for by the ftatute 4 Anne, c. 18. it fhall be lawful for any defendant, &c. with leave of the Court, to plead as many feveral matters as he fhall think neceffary for his defence; and this ftatute extends to the king's fuit as well as to that of the subject; for in fect. 24. it is said, this act and all ftatutes of jeofails fhall extend to all fuits for recovery of debt immediately owing, or any revenue belonging to her majesty, her heirs or fucceffors, and to all courts of record in the counties palatine of Lancaster, Chefter, Durham, and principality of Wales, and all other courts of record in this kingdom.

And so it was agreed in this Court.

And afterwards, upon affidavit that the escape was not voluntary, (for otherwife by ftatute 8 & 9 W. 3. c. 27. J. 6. Plea of fresh pursuit is not allowable) the defendant was allowed to plead both pleas. (1)

f.

of May following; and it appears by
the record, that the defendant did not
plead non debet, but only recaption by
freth parfuit.'
"This alfo appears to
be the cafe by the Report in Barnar-
difton.

[423]

DE

Term. Sanct. Hill.

6 Geo. II. In Scacc'.

Cafe 200.

Whatever a truftee does to pre

vent the inten

tator is a breach of truft and ought to be fet afide.

IP. Wms. 754. 2 Eq. Abr. 314. pl. 22.

2 Bro. P. C. 382. S. C.

Attorney General verf. Young and Others.

THIS

indenture of

HIS was an information by the Attorney General ex relatione of Sir Thomas Hanmer and others, fetting tion of his tef forth that John Sutton by will, dated the day of July, 1696, taking notice that he was feifed of the Chequer-Inn in the parish of St. Andrew, Holbourn, and that he had a mortgage upon a farm called Cooper's Farm, in the parishes of Brockley and Whepftead, in the county of Suffolk, for 2007. by 1665, of which he afterwards purchased the inheritance in the name of his brother Thomas Sutton, and the conveyance was executed to Thomas Sutton and his heirs, in truft for himself in fee, appoints that all his estate freehold and copyhold, his leases, chattels and perfonal estate be subject to the payment of his debts, and also charged with the annuities and legacies devifed, &c. as afterwards is expreffed.

For: 66.

Fitzg. 13.

8 Mod. 257.

Then he directs his nephew Thomas Sutton, fon and heir of his brother Thomas Sutton, to convey the faid term to his trustees after named, their heirs and affigns for ever, upon the feveral uses, trufts and purposes aftermentioned. Which if he refuse to do, or to declare the trufts thereof by some deed, &c. in fuch manner as his trustees in his will named should reafonably think fit and require, within twelve months after his decease, then from fuch refufal he wills, That all the legacies, &c. given by the faid will to his nephew Tho

nas