Sir John Barnardiston v Lingood
| Jurisdiction | England & Wales |
| Judgment Date | 09 February 1740 |
| Date | 09 February 1740 |
| Court | High Court of Chancery |
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 could be raised, and in the mean time interest from the death of John the father, for and towards his maintenance, remainder to Henry the eldest son, for life, remainder to his first and other sons in tail. Richard the second son attained his age of 45, and died in the life of his father, greatly in debt, and left no assets; two years after John the father died, and upon his death 700 per ann. came to Henry, and after his death to his son the defendant. A bill was brought by the creditors of Richard to have the 1100 raised. Lord Talbot declared Richard is to be considered as a purchaser under the recovery, and settlement of the 1100, but however said he, this case differs from King versus Withers and Brown versus Berkley, for there...
To continue reading
Request your trial
-
Secured Property Loans Ltd v Floyd
...THE LAW OF TRUSTS IN IRELAND 4ED 2007 ALEC LOBB (GARAGES) LTD & ORS v TOTAL OIL GB LTD 1983 1 WLR 87 1983 1 AER 944 BARNARDISTON v LINGOOD 26 ER 484 1740 2 ATK 133 MONEY-LENDERS ACT 1900 S1 MONEY-LENDERS ACT 1900 S1(1) A DEBTOR, IN RE 1903 1 KB 705 EQUITY Unconscionable bargain Mortgage - I......
-
Davis v Duke of Marlborough
...v. Milner, 3 P. W. 293. Brook* v. Gaily, 2 Atk. 34. Freeman v. Bishop, 2 Atk. 39 ; S. C. Barnard. Ch. Rep. 15, Barnard-iston v. Lingood, 2 Atk. 133. The Earl of Chesterfield v. Janssen, 1 Atk. 301 ; S. C. 2 Ves. Sen. 125, and 1 Wils. 286. Nicols v. Gould, 2 Ves. Sen. 422. Gwijnn v. 270 CLAR......
-
Davies v Cooper. Cooper v Jackson
...suit as prayed, with costs.(2) (1) See Anlglasse v. Muschamp, 1 Vern. 237; H'isema/n v. Beak, 2 Vern. I'll; Barnanliatan v. Linwood, 2 Atk. 133; Httnky v. Axe, 2 Bro. C. C. 18; Baker v. Bent, 1 R. & M. 224-227. (2) See Erealey v. Collins, 1 Younge, 317; Butler v. Mulvihill, 1 Bligh, O. S. 1......
-
Morse v Royal
...is not necessary, that they should be so strictly, if they possess property in the nature of guardians: Sir John Barnardis-ton v. Lingood (2 Atk. 133). Gwynne v. Heaion (3 Bro. C. C. 1). Piersev. Waring (cited 1 Ves. [sen] 380 ; 2 Ves. [sen.] 548. Stated from the Register's Book in Mr. Cox'......