Weaver v Earl of Meath
| Jurisdiction | England & Wales |
| Judgment Date | 14 December 1750 |
| Date | 14 December 1750 |
| Court | High Court of Chancery |
English Reports Citation: 28 E.R. 529
REPORTS IN CHANCERY OF FRANCIS VESEY, SENIOR
[289] II. 108.-weaver versus earl of meath, December 14, 1750. (Beg. Lib. 1750, B. fol. 544, entered " Weaver v. Brabazon.")-[In all cases of forfeiture, if Plaintiff alone is entitled to it, and waives it, Defendant must discover ; and though Plaintifi is not entitled to the forfeiture, yet if Defendant binds himself not to insist on being protected from discovery, the Plaintiff will compel him to make it. Mosely, 75. Note to the third, or Irish, edition of Vesey.] See further Mr. Beames's Elements of Pleas in Equity, 264, 267, 269,
English Reports Citation: 28 E.R. 71
HIGH COURT OF CHANCERY
weaver v. earl of meath [Entered " Weaver v. Brabazon"], Dec. 14,1750. Plea on the ground of forfeiture must be confined to protect against a discovery of the act causing it, and not extend to matters collateral. (See Beames on Pleas in Equity, p. 264, 267, 269.)-[Supplement, 289.] Plea to a particular fact in the bill, whether defendant was tenant for life ; because it would subject him to a forfeiture, he having made'a lease for life of another, which would be a [109] discontinuance of any remainder over, who might enter for that forfeiture : therefore a court of equity will not compel a discovery of it. So if it was to discover a crime. In East India Company v. Atkins, the question was, whether defendant was bound to give an account of a clandestine trade ; on which trade he had covenanted to make satisfaction for loss sustained thereby, and that by stated damages; and also covenanted, that he would not plead or demur to any bill to be brought in equity to discover such trade. The defendant pleaded notwithstanding : and it was admitted on all hands, that if it had not been for that covenant, he would not be bound. Lord Chancellor. (1) Suppose a bill for discovery of waste, charging defendant to be tenant for life, and that he committed waste ; and praying that he may set forth and discover, whether he is not tenant for life : he may plead to the discovery, whether he hath committed waste or not, but not whether he is...
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