Harrison & Ux' v Cage
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1687 |
| Date | 01 January 1687 |
| Court | High Court of Chancery |
English Reports Citation: 23 E.R. 664
IN COURT, MASTER OF THE ROLLS.
[85] Case 82.-harrison & Ux' versus cage. Eodem die. In Court, Master of the Bolls. 5 Mod. 411; 1 Salk. 24; Carth. 467, S. C. Trustee appointed for raising and paying a portion of £500 to A. Trustee enters and gives judgment to A. for paying the £500 to A. when raised ; the trustee raises the £500 and more, and becomes insolvent; whether the land is discharged. The case was, that land was charged by deed for the raising of £500 for the portion of the sister, the trustee entered and raised the whole £500 and more, out of the rents 2VEBN. 86. PAWLET V. DOGGET 665 and profits of the]lands, and afterwards proves insolvent; but before he became insolvent, the sister had taken a judgment from the trustee, that he should pay the £500 when raised. It was insisted that the land was discharged, and for that purpose cited the case of Goddard and Bowman, where the portion being once raised, the land was held to be discharged. But on the other side it was said, that in the case of Goddard and Bowman, and in the other cases cited, by the express provision of the deed the term was to cease, when the money was raised: but in the principal case, the term is still continuing, and the profits are still to be received and taken by the same trustees, for the benefit of the heir; and as to the judgment, that was only in effect, that the trustee should perform the trust, being to pay the £500 when raised unto the sister, and to account for and pay the residue of the profits to the heir. But the words in the deed of trust being that the trustee should raise, and pay £500 to the sister, and though it was raised, it was not paid, therefore the Master of the Bolls doubted and took time to consider thereof, and in the mean time would look into the deed of trust and defeazance of the judgment.(l) (1) The plaintiff was Henry Harrison who claimed in right of Elizabeth his wife, late Elizabeth Cage, and the case in the Register's book is in substance the same with that in the printed...
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