Cage v Russel
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1726 |
| Date | 01 January 1726 |
| Court | Court of Common Pleas |
English Reports Citation: 86 E.R. 481
IN THE COURT OF COMMON PLEAS
cage versus russel. 1 Chan. Ca. 263, Smith v. Ashton. 1 Chanc. Eep. 127. A feme covert having power by her will to devise certain lands, devised them to her executors to pay 5001. out of them to her son, when he should attain the age of one and twenty years; provided, that if the father of the son did not give a sufficient release to the executors, of the goods and chattels remaining in such an house, then the devise of the 5001. should be void and to go to the executors. After her decease, a release was tendered to the father, who refused it; and then the son exhibits a bill against the father, and the executors for the 5001. and to compel the father to release. The executors in their answer insisted upon the refusal as a forfeiture of the 5001. And the father said, that tho' he bad for some reasons before refused, he was now ready to release. The Lord Chancellor decreed the payment of the 5001. and said, that it was the standing rule of the Court, that a forfeiture should not bind where a thing may be done afterwards, or any compensation made for it. As where the condition was to pay money, or the like. But in the case of Fry and Potter in the 22d of Car. 2, (which see...
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Whipp v Mackey
...to secure the performance of the berms of the agreement, including the payment of the "rent" on the days specified. Cage v. Russel,ENR 2 Vent. 352; Hill v. Barclay,18 Ves. 56; Davis v. Thomas,ENR 1 Russ. & M. 506: Sanders v. Pope, 12 Ves. 282; and Barrowv. Isaacs,ELR [1891] 1 Q. B. 417, app......
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Cooke v Turner
...1 Shep. Touchst. 132; Dillon v. Parker (1 Swanst. 359); Williams on Ex. 1009, third edition ; 1 Jarman on Wills, 836 ; Cage v. tiussel (2 Vent. 352); Powell v. Morgan (2 Vern. 90); Lloyd [500] v. Spillet (3 P. W. 344); Morris v. Burroughs (1 Atk. 404); Lloyd v. Branton (3 Mer. 108); Roper o......
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Conditions and Limitations
...917 where there is a Devise over, yet here it being to go to the Executors, it is no more than the Law implies. Cage and Russel, 2 Vent. 352. 4. If a Man Devises Lands to J. S. upon Condition to pay £20,000 to his Heir at Law, me. £1000 per Ann. for the first sixteen Years, and £2000 per An......
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Northcote against Duke
...and once a dis-.penation always so, according to Dumper's case, 4 Co. (119; and the cases of Hack v. Leonard,. 9 Mod. 90. Cage,-v. Russel, 2 Vent. 352, were cited). 2dly, If the: lease is void at Law, Equity will relieve. On the other side, it was said not to be like Dumper's case : for her......