Walker v Woodward
| Jurisdiction | England & Wales |
| Judgment Date | 20 June 1826 |
| Date | 20 June 1826 |
| Court | High Court of Chancery |
English Reports Citation: 38 E.R. 42
HIGH COURT OF CHANCERY
See Elmer v. Creasy, 1873, L. R. 9 Ch. 72.
wat.kkr v. w h i wal:i . Holts. ,fnn - -JO, [IK-JO|. [See Klnu-r v. Creasi/, 187;!. L. [{. II Ch. 7'_ .] Upon a bill for an account, evidence entered into by the Defendant, to prove, items of hisdischarge, cannot be, entered as read. An allegation in the answer concerning ;t fact lying especially within the knowledge of the Plaintiffs, does not entitle the Defendant to an inquiry on that point. A Defendant having stated in his answer. that, by carrying on business on a farm, and with stock, belonging to the assets of iin intestate, be had made, profit, but. that, as he had not kept any accounts, and had blended the transactions of the farm with his other concerns, he. could not n't forth the amount of the profits ; it was ordered, that, in taking the account against him, annual rests should be made, and interest calculated at 5 per cent, upon those, annual rests. (Note : This case is inserted here on account of its connexion, as to the doctrine concerning the reception of evidence, with Lu-if v. H-unter'.) Joxf.ph \\'iilkf,r died intestate in 180'J, leaving a widow and four children, and property consisting principally of farming stock, and of a copyhold estate of about 200 acres, held on a lease for four lives. The widow took out administration to him, and continued in the possession of the copyhold lands, and of all his effects. In June 18112 she intermarried with Woociirunl. who, in the settlement executed by him on that occasion, covenanted that he would every year, during the con-[108]-tinuaiicc of his occupation of the farm, pay over to the trustees the rents and profits of two thirds of the estate and stock, to be, laid out for the benefit of the children. The trustees never accepted the trust, and this covenant was never performed ; though Woodward remained in the enjoyment of the farm and stock from June 1812 to Alichaelmaii IH'JL. The bill was filed by three of the children of the, intestate against Woodward and hia wife, it prayed that they might account for the property of the intestate of 1 BUSS. 109. WALK K11 V. WOODWARD 4f which they had possessed themselves, and that they might be charged, either with two thirds of the profits which had been made by the occupation of the farm and the use of the stock, or with two thirds of an occupation rent, and with interest at fj per cent, on two thirds of the money value of the...
To continue reading
Request your trial
-
Whitaker v Wright
...any payment to Whitaker was at the utmost nothing more than an item in the account of the debt which 'was to be taken: Walker v. Woodward (1 Russ. 107). The evidence was entered as read,(l) and the common decree in the suit of a specialty creditor was made. The Master by his report stated t......
-
Docker v Somes
...traced in, the books of Judges inclining towards the point which I would fain hope we may now he said to have reached. Walker v. Woodward (1 Russ., 107) was referred to at the bar as a case in which an executor, having made profit by farming with his testator's-stock, an account of the prof......
-
Between Andrew Inderwick and Alfred Cowan, on behalf of themselves and all other the Proprietors or Holders of Shares in the London Conveyance Company except the Defendants to the Bill, Plaintiffs; and Henry Snell, Alexander Hamilton, Frederick Windle Wheatley, Henry Harms, Robert Tanner, Edward Donne, Thomas Seaborne, and Thomas Hemming Johnson, Defendants
...is not for the purpose of the hearing to enter into evidence on the subject of accounts ; Law v. Hunter (I rubs. 100), Walker v. Woodward (1 Russ. 107), Tomlinv. lomlin(l Hare, 241, n.), Duke Hamilton v. Meynal (2 Dick. 788; S. C. as Anonymous, 2 Ves. 497). The circumstances of the case of ......
-
John Court, common Agent for the Creditors of Lewis Cuthbert, Esq., - Appellant in, the Appeal, and Respondent in the, Cross-Appeal; Abraham Wildey Robarts, Esq., - Respondent in the Appeal, and Appellant in the Cross-Appeal
...charged with interest at five per cent., and the account was directed to be taken with rests. To the same effect is Walker v. Woodward (1 Russ. 107). In the will, in the present case, there is a, direction to accumulate; so that the two cases precisely resemble each other. The principle ded......