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Anonymous (1792) 2 Com 615

Nominate Series English Reports Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1792
Date01 January 1792
CourtCourt of the King's Bench

English Reports Citation: 92 E.R. 1236

COURTS OF KING'S BENCH, COMMON PLEAS, EXCHEQUER, COURT OF CHANCERY AND LINCOLN'S INN.

Anonymous

1236 DE TERM. SANCT. HILL. 1.2 GEO. II. 2COMYS,818. [615] de term. sanct. hill. 12 geo. II. case 266. anonymous. A Court of Equity may order a feme covert who is an infant, being an heir or trustee, to levy a fine. A petition in Chancery was exhibited against an infant, the heir of a mortgagee in fee, upon the Statute 7 Annae, c. 19(1), which (reciting that many inconveniencies arising by reason persons under age of 21 years having estates in trust or by way of mortgage cannot convey any sure estate in such lauds and tenements) enacts, that persona under age, by the direction of the Courts of Chancery or Exchequer, on petition of the ceatui que trust or mortgagor, shall convey and assure such lands in such manner as the Court shall direct; and such conveyance or assurance shall be as good and effectual to all intents as if such infant was of full age; and such infants shall and may be compelled to make such conveyauces and assurances in like manner as trustees or mortgagees of full age are compellable to convey or assign their trust or estate. The heir, against whom the petition was, was a feme covert, and it was doubted by the Master of the Rolls, whether she could be compelled to levy a fine, because such fine must enure to a double intent, first, to assure or convey the estate as she was an infant, and then to bar her as she was a feme covert; upon which application was made to the Lord Chancellor, who proposed the matter to my consideration, as it might be a case that might come before the Court of Exchequer. [616] And I thought that the Court might order an infant that was a fema covert to levy a fine (2), for the Act is general; first, that all persons under age shall convey and assure, so that it seems to be the intent of the act, that every infant, which comprehends all without exception, whether covert, or not; and a feme covert cannot assure otherwise than by a fine ; and the statute directs that such infants shall convey and assure, and the inconvenience before the statute is recited to be, that before an infant could not make a sure estate, so that whatever act is necessary...

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