Sir John Barnardiston v Lingood
| Jurisdiction | England & Wales |
| Court | High Court of Chancery |
| Judgment Date | 09 February 1740 |
| Date | 09 February 1740 |
English Reports Citation: 26 E.R. 484
HIGH COURT OF CHANCERY
See Benyon v. Cook, 1875, L. R. 10 Ch. 392 (n.).
lowther versus condon, June 6, 1741. This cause was brought on again by the defendant on a petition of re-hearing, when the Attorney General of counsel for him cited the following cases : Pawlet versus Pawlet, 2 Vent. 366, 367, on a settlement. Hall versus Terry (see my 1st vol. of Rep. 502), M. T. 1738, before Lord Hardwicke. Bradley versus Powell, before Lord Talbot, May 1736, on a settlement. Butler versus Duncomb, 2 Vern. 760. Brown versus Berkley, M. T. 1728. Duke of Chandos versus Talbot, 2 Will. 609. Prowess versus Abingdon, 1738 (see my 1st vol. of Rep. 482). The cases cited for the plaintiff were King versus Withers, Free, in Chan. 348; Eq. Ca. Abr. 112. Bruin versus Bruin, 2 Vern. 439. Pitfield's case, 2 Will. 513. Wilson versus Spencer, before Lord King, assisted by Sir Joseph Jekyll, 1732. Atkins 2 ATK. 131. LOWTHER V. CONDON 483 versus Hiccock, July 1737 (see my 1st vol. of Rep. 500). -Carter versus Bletsoe, 2 Vern. 616. . . The case of Bradley versus Powell (Ca. Temp. Talb. 193, S. C. In the case of Tunstall v. Bracken, Amb. 167; 1 Bro. Cha. Rep. 124, S. C.. Lord Hardwicke expresses his disapprobation of this case of Bradley v. Powell), being much relied upon by the defendant's counsel, was stated more fully, and is as follows : [131] John Powell tenant for life, remainder to Henry his eldest son in tail, by recovery, &c., settled the estate to the use of John the father for life, as to part, remainder to trustees for 200 years, upon trust to raise 1100 for Richard the second son,.to be paid him within six years after the death of John, or as soon after as the same...
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