Richardson v Tomkies and Another
| Jurisdiction | England & Wales |
| Judgment Date | 06 June 1832 |
| Date | 06 June 1832 |
| Court | Court of Common Pleas |
English Reports Citation: 131 E.R. 533
IN THE COURT OF COMMON PLEAS
S. C. 2 Moo. & Sc. 56; 1 L. J. C. P. 156.
RICHARDSON V. TOMKIES AND ANOTHER. June 6, 1832. [S. C. 2 Moo. & Sc. 56; 1 L. J. C. P. 156.] 1. To a cognizance for the arrears of an annuity, the Plaintiff pleaded that a memorial of all the deeds, &c. by which the annuity was granted, the names of the witnesses, the consideration, &c. was not enrolled in the Court of Chancery: the Defendants replied that a memorial of all the deeds, &c., the names of the witnesses, the consideration, &c. was enrolled ; and after setting out the memorial at length, concluded with a prout patet per recordum, and verification thereon: Held sufficient, on demurrer 534 KICHARDSON V. TOMKIBS 9 BING. 52. alleging that the conclusion should have been to the country.-2, A judgment on a warrant of attorney being one of the securities, and the judgment being referred to, as entered up, Held, that it need not be set forth in the memorial. In replevin, the Defendants, as bailiffs, made cognizance for the arrears of an annuity of 1201. due to the personal representative of Isaac Blackburne, under a deed [52] executed by James Akers, April 5th, 1808; by which [after reciting the contract for the annuity; that Akers had given a bond, bearing date January 5th 1808, in the penal sum of 20001., conditioned for the payment of the annuity; and had executed a warrant of attorney, of even date with the bond, to confess judgment for 20001., under which warrant judgment had been entered up of record against Akers of Hilary term 1808; that Blackburne had sold and transferred 19001. 19s. 9d. 3 per cent, reduced annuities at the Bank of England ; that such sale had produced the clear sum of 12001.; and that it had been agreed, the annuity should be secured not only by the bond, warrant of attorney, and judgment, but also by an assignment of the premises, in which, &c., and issuing and payable thereout, and out of the rents and profits thereof,] it was witnessed, that in consideration of 12001. then paid, and in performance of the above contract, Akers had granted, bargained, and sold to Blackburne, his executors and assigns, an annuity of 1201. charged upon the premises, in which, &c. with power of distress. The Plaintiff pleaded, 1st, non est factum; 2dly, that no memorial of the said supposed indenture in the said cognizance lastly mentioned, containing the names of all the witnesses, and the names of the persons for whose lives the said supposed annuity was granted, and the consideration of granting the same, was enrolled in the High Court of Chancery within twenty days of the execution of the said last-mentioned indenture. 3dly, that a memorial of every deed, bond, instrument and assurance, whereby the said supposed annuity or rent-charge was granted, within twenty days after the execution thereof, was not enrolled in the High Court of Chancery, according to the provisions of the act of parliament made and passed in the seventeenth year of George III. [53] The Defendants joined issue as to the first plea; and to the second replied, that a memorial of the said indenture was, within twenty days of the execution thereof, to wit, on the 13th of April 1808, duly enrolled in the High Court of Chancery, in pursuance of the statute in that case made and provided: and which said memorial was as follows,-(Setting out...
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