Salvin and his Wife against Thornton
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1766 |
| Date | 01 January 1766 |
| Court | High Court of Chancery |
English Reports Citation: 27 E.R. 350
HIGH COURT OF CHANCERY
Lib. Reg. 1765, B. fo. 436. S. C. 1 Bro. C. C. 73, in note; 13 Hill's MSS. 384.
Case 263.-salvin and his Wife against thornton. [1766.] To bar legal remainders by common recovery, there must be a legal tenant to the prcecipe.(T)-Before Sir Tho. Sewell, Master of the Eolls, sitting for Lord Chancellor, 6th June 1766.-[Lib. Eeg. 1765, B. fo. 436. S. C. 1 Bro. C. C. 73, in note; 13 Hill's MSS. 384.] John Thornton, after marriage, by indenture of 1st and 2d June 1710, in pursuance of articles, settled the manor of Netherwitten, and other estates in Northumberland,' upon himself for life ; and then to secure a jointure for his wife; and then to trustees for 200 years, to raise portions for younger children; with remainder to other trustees AMB. 546, SALVIN V. THORNTON 351 for 1000 years, to raise portions for daughters, in case of failure of [546] issue male; with remainder to first and other sons of the marriage in tail male, with remainders over 5 with reversion to himself in fee. There was issue of the marriage, Thomas, Nicholas, James, and Rowland. John was attainted of high-treason in 1715, and his life and reversionary interest was by Act of Parliament vested in Commissioners to be sold. Kenneth Mackenzie having agreed to purchase John's interest for 13,500, and 3500 of the money haying been advanced on behalf of Thomas Thornton, Mackenzie entered into a covenant to convey the interest in the estate which he had bought to Thomas Thornton, on being paid the remainder of the purchase money, being 10,000. In 1713 Thomas Thornton married, and by articles previous to, his marriage agreed, by fine or recovery or other assurance, to settle the estate on his wife and issue of the marriage. In 1734 a fine was levied of the premises, pursuant to the articles, by John, Thomas, and Nicholas Thornton, to the use of Thomas for life ; and then to secure a jointure of 200 a-year for his wife for life; with remainder to trustees for a term of years, to raise portions for younger children; remainder to the first and other sons of the marriage in tail male; remainder to trustees for 600 years, to raise portions for daughters, 4000 if only one, and 6000 if more, payable at 2.1 or marriage; with remainder to Nicholas Thornton and his issue male in strict settlement; remainder to James and Rowland Thornton, successively, and their issue male, in like manner; with remainder to...
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