Tyler v Thomas
| Jurisdiction | England & Wales |
| Judgment Date | 14 January 1858 |
| Date | 14 January 1858 |
| Court | High Court of Chancery |
English Reports Citation: 53 E.R. 553
ROLLS COURT
See In re Hyatt, 1888, 38 Ch. D. 620.
[47] tyler v. thomas.(!) Jan. 14, 1858. [See In re Hyatt, 1888, 38 Ch. D. 620.] Interests of Defendants inter se, arising out of the rights of the Plaintiffs, protected by the doctrine of Us pendens. In a suit instituted by creditors for the administration of the testator's estate, the deficiency of the personal estate for payment of the debts was payable out of two real estates devised separately to the Defendants A. and B. In 1846 the debts were ordered to be paid out of A.'s estate alone, without prejudce to his right of (1) dates. 1836. Brawn v. Lloyd, creditors' suit. 1837. Decree. 1841. Evans v. Brown. 1842. Decree, 1844. Sale ordered without prejudice. R. vr.-IS* 1846. Payment of debts ordered, without prejudice. March 1852. Brownv. Lloyd, registered. May 1852. Mortgage to Glencross. 1855. Tyler v. Thomas. 554 TYLER V. THOMAS 25BEAV.4S. contribution against B.'s estate. In 1852 the suit was registered as a lis pendens, and two months afterwards B. mortgaged his estate to C., who had no notice of A.'s rights. Held, that there was a lis pendens as regarded A.'s rights, and that C.'s mortgage must be postponed to A.'s claims. Thomas Llewellyn Parry, by his will dated the 16th of June 1834, devised an estate called Nantypopty to Thomas Parry Thomas in fee, and he gave all his other real estates to Judith Parry for life, with limitations to her sons and daughters in tail, with remainder to the right heirs of the testator. The testator died in 1836. He left no heir; and the reversion devised to his right heirs escheated; the freeholds to the Crown, and his copyholds to the lord of the manor of whom the same were holden. [48] In December 1836 a creditors' suit of Brown v. Lloyd was instituted for the administration of the estate of the testator, by Brown and other creditors, on behalf, Ac., against Lloyd (the executor), Judith Parry (an infant), Thomas Parry Thomas, and the Attorney-General. The Attorney-General was made a party in respect of the escheat of the reversion. In 1837 a decree was made directing the accounts, under which the personal estate was found insufficient for the payment of the debts. In 1841 the Crown made a grant of the reversion to Brown and others, on trust to sell and pay the debts. Mr. Adams, the lord of the manor of which the copyholds were holden, however, claimed the reversion in fee beneficially, by escheat, whereupon a supplemental suit of Evans v. Brown was, in April 1841, instituted by other creditors of the testator against Brown (the grantee of the Crown) and against the Plaintiffs and...
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