Musgrave v Dashwood

JurisdictionEngland & Wales
Judgment Date01 January 1687
Date01 January 1687
CourtHigh Court of Chancery

English Reports Citation: 23 E.R. 650

IN COURT.

Musgrave
and
Dashwood

Case 56.-musgrave versus dashwood. Eodem die. In Court. Ant. Case 41. The case was, that a copyholder for life, where there was a widow's estate by custom, agrees to sell his estate, and enters into bond, that the purchaser should enjoy. The bill was brought by the purchaser against the widow to bind her by this agreement. But the court dismissed the bill with costs (1) for if such contracts for copyholds should be decreed, all Lords would be defrauded of their fines, &c. (vide. 1 Inst. 59 b. Hinton v. Hinton, 2 Vez. 633), and put the case, if a joint tenant agrees to alien and does it not, but dies, it would be a strange decree to compel the survivor to perform the agreement. (Vide Burnett v. Kinaston, Pre. Ch. 121. Bacon's Tracts, 80.) (1) But a Feme may be bound by a settlement of a jointure in lieu of her free bench, though not expressly mentioned to be in lieu thereof...

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5 cases
  • Agreements, Articles, and Covenants
    • United Kingdom
    • High Court of Chancery
    • 1 January 1744
    ...such Contracts for Copyholds should be decreed, all Lords would be defrauded of their Fines, &c. Ibid.) Pasc. 1688, Musgrave and Dashwood, 2 Vern. 63. 6. If a Feme Covert by Agreement made with her Husband, is to surrender or levy a Fine, though the Husband die before it be done, the Court ......
  • Hinton against Hinton
    • United Kingdom
    • High Court of Chancery
    • 1 January 1755
    ...is not through the tenant in tail, but by a title paramount, under the original author of the entail: And the case of Musgrave v. Dashwood, 2 Vern. 63, was cited, as a case determined in point. Lord Hardwicke, Chancellor. Copyholds are subject to trusts to be declared upon them, as well as ......
  • Copyhold
    • United Kingdom
    • High Court of Chancery
    • 1 January 1744
    ...and enters into a Bond for that Purpose; yet the Widow shall not be bound by that Agreement. Decreed Pasc. 1681, Musgrave and Dashwood, 2 Vern. 63. This Case is ill reported and is not a sufficient authority. No state of it appears in the Register's book. Per Lord Hardwicke, vide Hinton v. ......
  • Parteriche v Powlet
    • United Kingdom
    • High Court of Chancery
    • 14 October 1740
    ...the securities mentioned in the note, and they cited Collins v. Harris, 3rd May 1737. Moyse v. Giles, 2 Vern. 385. Musgraiie v. Dash-wood, 2 Vern. 63. (Musyrave v. Dashwood has been over-ruled by Hinton v. Hinton, 2 Yes. 632, and by Brown v. Raindle, 3 Ves. jun. 257.) Lord Chancellor (17th ......
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