Robinson et 'al v Tonge, Dunn, et Al'
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1735 |
| Date | 01 January 1735 |
| Court | High Court of Chancery |
English Reports Citation: 24 E.R. 1117
LORD CHANCELLOR TALBOT.
[398] Case 111.-robinson et 'al v. tonge, dunn, et al'. [1735]. Upon the Master's special Report. Lord Chancellor Talbot. 2 Eq. Ca. Ab. 259, pi. 16 ; 454, pi. 14. Where by the statute of frauds it is said, that judgments shall not bind lands, but from the signing, this relates only to purchases, and therefore, as between creditors, a judgment entered in the vacation relates to the first day of the preceding term. A. owes money by several judgments and bonds, and dies intestate. His administrator pays the judgments and some of the bonds, and pays more than the personal estate comes to; what the administrator paid on the judgments must be allowed him : but as to what he paid on the bonds, he must come in pro rata with other bond creditors out of the real assets. A bill was brought by the creditors of Tonge against the defendant Dunn, who was his administrator, and against others, for the recovery of debts due to the plaintiffs 1118 ROBINSON V. TONGE 3 P. WMS. 399. on bond from the intestate. And on hearing the cause, the court made the usual decree for the defendant to account, and the Master to be at liberty to state any thing specially. The Master stated, that Tonge the intestate died indebted by some judgments that were recovered against him in his lifetime ; and his death happening in the vacation, several of his creditors, who had warrants of attorney for judgments, entered their judgments which related to the first day of the preceding term, and consequently to the intestate's lifetime; though in fact such judgments were not signed till after the intestate's death; and likewise, that the intestate died indebted to several by bond ; and that the defendant Dunn having been bound as surety only for the intestate in some bonds and judgments, took out administration to him, being advised, that he might thereby pay off those debts for which he himself was bound, as surety for the intestate : that Dunn the administrator paid off two judgments entered in the intestate's lifetime, amounting to £300, and paid off some judgments entered in the vacation following after the intestate's death, but which by relation (ut supra) had a retrospect to the first day of the term which was in the intestate's lifetime, though not actually signed till after his [399] death ; and that the said administrator paid some debts by bond, and disbursed and advanced so much money, as to have over-paid £100 beyond what he had...
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