Savage against Foster
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | High Court |
English Reports Citation: 88 E.R. 299
IN THE COURTS OF KING'S BENCH, CHANCERY, COMMOM PLEAS, AND EXCHEQUER.
Distinguished, Nicholl v. Jones, 1866, L. E. 3 Eq. 709. Applied, Sharpe v. Foy, 1868, L. R. 4 Ch. 41. See In re Lush's Trusts, 1869, L. R. 4 Ch. 596; In re M'Intyre's Trustees' Estate, 1888, 21 L. R. Ir. 432; Bell v. Marsh [1903], 1 Ch. 533. See also 2 Wh. & T. L. C. 1877 (5th ed.), 620.
9 MOD. 36. TRINITY TERM, 9 GEO. 1. IN CHANCERY 299 case 18. savage against foster. [Distinguished, Nicholl v. Jmm, 1866, L. E. 3 Eq. 709. Applied, Sharpe v. Foi/, 1868, L. R. 4 Ch. 41. See In re Lush's Trusts, 1869, L. E. 4 Ch. 596; In re M'Myre's Trustees' Estate, 1888, 21 L. R. Ir. 432 ; Bell v. Marsh [1903], 1 Ch. 533. See also 2 Wh. & T. L. C. 1877 (5th ed.), 620.] Where a person knowing his own title, and not giving notice of it to a purchaser, shall never set it up against the purchaser. Margaret Smith being seised of the lands in question, upon her marriage with Peter Flavill settled the same upon trustees and their heirs, to the use of the said Peter Flavill for life, then upon Margaret his intended wife for life ; remainder, after the death of the said Peter and Margaret, to the heirs of the said Peter, on the body of the said Margaret to be begotten; remainder to the right heirs of the said Margaret for ever. The said Peter and Margaret had issue only one daughter, the now defendant, who was married to one Foster.-Peter Flavill died, and then his widow married one Brown, by whom she had issue one other daughter, and no more ; which daughter being courted by one Williams, but he refusing to marry her without such a fortune, which Margaret her mother was not able to give without breaking through this settlement, conveyed the said lands to the aforesaid Williams, &c. ; and the defendant Mrs. Foster, and her husband, who knew that the lands were settled on her in tail as aforesaid, solicited her mother Margaret Brown to make a conveyance in favour of the said Williams, and were assisting in carrying on the marriage between him and her half-sister Brown. [36] Whereupon the said Margaret conveyed these lands, &o. to the use of herself for life, remainder to Williams and his heirs; then the marriage took effect; and afterwards Williams sold these lands to the plaintiff Savage, who entered and built an house thereon. And now Mrs. Foster, who was the issue in tail by virtue of the said settlement, and endeavouring to set it up against the...
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