Selected quad for the lemma: love_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
love_n	john_n	sir_n	thomas_n	6,846	5	10.2241	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A58990	The second part of Reports of cases taken and adjudged in the court of Chancery, from the 20th year of King Charles II. to the first year of Their present Majesties, King William and Queen Mary Being special cases, and most of them decreed with the assistance of the judges, and all of them referring to the register books, wherein are setled several points of equity, law and practice. To which is added, the late great case between the Dutchess of Albemarle and the Earle of Bathe.; Reports of cases taken and adjudged in the court of Chancery, from the 20th year of King Charles II. to the first year of Their present Majesties, King William and Queen Mary. Part 2.	England and Wales. Court of Chancery.	1694 (1694)	Wing S2297; ESTC R217071	188,405	430

or their Testator could not come sooner than when the Title was cleared Mean profits Decreed tho' a long time since and the Objection raised from the shortness of the former decree is not material to prejudice the Plaintiffs demand for that there could not then be any decree for profits the said Sir James pretending Title as Tenant in Tail Account for the mean profits from the time the right accrewed and that Sir Thomas was but Tenant for life so now the Right being cleared the Plaintiff ought to have an account of the mean profits from the time the Right accrewed and decreed accordingly The Defendant Appealing from the said Decree made by the Lord Chancellor Finch to the Lord Keeper North the Case was heard ab integro and the Lord Keeper on hearing the decree in 1650. and the decree of the Lord Finch read declared that there was nothing in the case but the loss of time and though the Decree in 1650. The mean profits tho' omitted in a former decree decreed now was silent as to the mean profits yet the same ought to be no Objection to the Right and though it was omitted by the Decree in 1650. yet it ought in Justice to have been decreed for the mean profits as well as for the right of the Title it being an accessary to the decree and it ought to be judged nunc pro tunc there being no Bar against it and confirmed the Decree made by the Lord Finch Girling contra Dom ' Lowther al' 34 Car. 2. fo 148. THat Sir Thomas Leigh deceased late Father of the Defendants John Thomas and Woolley Leigh became indebted to Edmond Girling deceased in several Sums of mony by Bonds and the said Girling became bound for the said Sir Thomas for several great Sums of mony against which Securities Sir Thomas gave the said Girling Counterbonds and in Hillary Term 28 Car. 2. Sir Thomas gave a Judgment of 1000 l. to the said Girling for the payment of 530 l. and in Aug. 1669. Sir Thomas made his last Will in writing and thereby devised to the Defendants Sir John Lowther John Currance and Edward Badby Executors of his said Will several Lands Lands and Tenements for the payment of his debts and to be by them sold for that purpose That the Swan Inn in St. Martins Lane being sold there ariseth a Question touching the Mony raised by such Sale whether it were well applied or not The Case being viz. That Sir Thomas Leigh upon his Marriage with Hannah Relfe Daughter of Anthony Relfe whilst he was under Age by Articles previous to the said Marriage with the said Hannah agreed to settle on himself and the said Hanuah his intended Wife and such as they should have between them Lands of 700 l. and in Consideration thereof the said Anthony Relfe was to settle and did settle upon the said Thomas and his Heirs Lands of 200 l. per Annum whereupon Sir Thomas Leigh July 1661. makes a Settlement upon himself and the said Hannah his intended Wife and their first second and other Sons in Tail his Mannor of Addington and other Lands in Addington and several Lands in Com' Surrey and Keut That afterwards in May 1665. Sir Thomas Leigh mortgaged to Mr. Peck for 2000 l. several Lands in Middlesex and Norfolk and afterwards in December 1665. those Lands and the moiety of the Swan Inn in St. Martins and the Reversion thereof were granted to Trustees upon several Trusts which by Deed 15 June 1668. appears to be performed and satisfied and thereupon on the same 15 June 1668. the said premisses were mortgaged to Sir John Lowther for 2500 l. which 2500 l. was raised and paid to Sir John Lowther out of the profits and by sale of the said Swan Inn which was formerly by voluntary Conveyance dated and setled by the said Sir Thomas Leigh upon the two Defendants Thomas and Woolley Leigh for Natural love and affection Voluntary Settlement That Sir John Lowther in April 1679. assigned the said Mortgage by conveying to one Burton and others the Mannor of Thorpe in Surrey and Shoelands and other premisses in Trust for the payment of such of the debts of Sir Thomas Leigh as should any ways incumber or disturb the Purchaser of the Swan Inn which said Lands are sufficient to pay the Plaintiffs debts and the Testators Ingagement being 1331 l. which debt is to be paid the Plaintiff by Decree of this Court The Defendants the Leighs insist That the Mony raised by the sale of the Swan Inn although paid to redeem the other Estate in mortgage to Sir John Lowther ought not to be applied so that the Land ought to be discharged of the Mortgage-mony or of what was paid to redeem the same but the said Lands ought still to be a Security for the said Mony to the use of the younger Children for whose benefit the said Swan Inn was setled and although the said Settlement was voluntary yet the same being a provision for younger Children ought not to be adjudged fraudulent as to a subsequent Judgment which the Paintiffs is or however not as to a subsequent voluntary Devise of their Father under which only the Creditors by Bond come in and therefore as to them the said mortgaged Lands ought to be charged with the said Mony raised by the sale of the said Swan Inn with Interest since it was paid to redeem the said Estate precedent to any benefit any Creditor by Bond can have out of the said Lands This Court declared Voluntary Conveyance though a provision for younger Children not to prevent satisfaction of subsequent Judgments That the said voluntary Conveyance ought not to stand in the way to prevent satisfaction of a subsequent Judgment for good Considerations and that the Monies due on the Plaintiffs Judgment and the Monies raised by sale of the Swan Inn was well applied to discharge the Mortgage on the other Estate whereby the mony due on the Judgment with Interest may be the more speedily raised by sale thereof and the mony raised by sale of the said Inn after the Judgment satisfied with Interest ought to stand secur'd for the benefit of the younger Children Mony applied to take off Mortgages satisfie Judgments and after to pay Bond-Creditors and be raised by sale of the said Estate and by Rents and Profits in the mean time precedent to the other Creditors not on Judgment and after the said Judgment and provision for the younger Children satisfied the residue to be applied to the other Creditors and decreed accordingly Comes Arglas contra Henry Muschamp 35 Car. 2. fo 524. THat Thomas Relief against over-reaching Bargains first Earl of Arglas the now Plaintiffs Father and William Earl of Arglas the Plaintiffs Brother were seised in Fee of the premisses in question and made divers Settlements thereof by which in case of failure of Issue Male of the said William the said Estate should come to

Children This Court is of Opinion That the said 60 l. belonged only to the Children of the said Mark Warren which he had by his then Wife at the time when the said Mony was given and decreed the same accordingly Wallop contra Dominam Hewett 24 Car. 2. fo 218. THe Plaintiffs Henry and John Wallop seek Relief for 400 l. Legacies given by a Will and a Codicil and are distinct not one and the same viz. 200 l. apiece Legacy given them by the Will and Codicil of the Lady Crofts The Case is That the Lady Crofts by her Will gave the Plaintiffs 100 l. apiece and afterwards by a Codicil annexed to her Will gave the Plaintiffs 100 l. apiece The Question is Whether the said Legacies so given be one and the same or distinct and several Legacies or what her Intention was in reference to the same and desire the Judgment of the Court therein This Court with the Judges on Reading the said Will and Codicil were of Opinion and satisfied That the said Legacies in the said Will and Codicil mentioned are not one and the same but distinct and several Legacies of 200 l. and decreed the Defendants to pay the said Plaintiffs 400 l. Thorne contra Newman 24 Car. 2. fo 371. 24 Car. 2. fo 8. THat Nicholas Burnell Deed of Revocation Father of the Defendant Margaret Newman being seised of the premisses in 1652. demised the same to Elizabeth Stone for 99 years at a Pepper-Corn with a Proviso to be void on payment of 590 l. and the said Elizabeth died and made Elizabeth Wheat her Executrix and Thomas Baker marrying the Defendant Margaret Newman in November 1657. Elizabeth Wheat and the said Nicholas Burnell Assigning the premisses to Thomas Baker and the said Baker for 500 l. borrowed of the Plaintiff Assigned to one Minterne in Trust for the Plaintiff in 1659 and Baker failing in payment contracted with the Plaintiff for 770 l. more that he would give his Interest in the premisses absolutely without any power of redemption and Baker and Minterne did joyn accordingly in 1660. And the Plaintiff insists That the Defendant claims the premisses by a Deed dated the 19th of August 1659. whereby it is pretended That by Indenture made between the said Old Burnell of the one part and Thomas Lewis and Bartholomew Pickering of the other part the said Burnell in Consideration of the Natural love and affection to the said Margaret and for the setling and confirming of the premisses for the uses therein and for 5 s. Covenanted to stand seized of the premisses to himself for life Remainder to the Defendant Margaret for life then to the Wife of the said Thomas Baker Remainder to the Heirs of her Body with Remainders over and the said Burnell dying in 1659. the premisses then vested in Margaret and that Baker in her Right became seised of the Freehold thereof and that thereby the Remainder of the said term of 99 years was drowned Term drowning in a Freehold and so the Assignment to Minterne and the Assignment by Baker and Minterne to the Plaintiff was void and so the Plaintiff a purchaser for 1300 l. like to be defeated And the Plaintiff further insists That if the said Deed were ever sealed it is with a Proviso of Revocation to be void on payment or tender of 12 d. to Lewis or Pickering or either of them in the Middle-Temple-Hall and that Burnell did tender 12 d. to Lewis with intention to make void the said Deed and declared so to Lewis that she did revoke the said Deed and pulled the Seal off from it and that a Memorandum was Indorsed on the backside of the Deed That there was 22 Octob. 1659. 12 d. tendered to Lewis to revoke the said Deed but the Defendants pretend because the 12 d. was not tendered in the Middle-Temple-Hall therefore the Revocation was not legal and so the said Deed still in force and the Plaintiffs Estate drowned The Defendants admit the Case to be as aforesaid but insist That the said Deed 19 Aug. 1659. was intended for a Settlement on the Defendant Margaret for a provision for her after the death of the said Baker her Husband he having not made any Joynture and that the said Defendants claim the premisses by the said Deed whereby immediately upon the death of Burnell the Freehold of the Premisses vested in Baker in right of the said Margaret his Wife and so the Plaintiffs Estate was drowned and that Baker was not by intention of the said Deed to sell away the premisses for any longer time than his own life without the said Margarets Consent and Joyning with him in a Fine thereof And the Defendants further insist That the 12 d. ought to have been tendred in the Middle-Temple Hall else the Deed must be in force and if any Memorandum or Declaration were made as aforesaid the same was done out of design only to have the said Baker make the said Margaret a Joynture But the Plaintiff insists That he ought to hold the said premisses for the residue of the said term for 99 years against the said Deed. This Court was satisfied That the Plaintiff ought in Equity to enjoy the premisses against the Defendants Voluntary Deed set aside against a purchaser and that the said Deed ought to be set aside as against the Plaintiff but the Defendants are to redeem The Bill being to set aside a pretended voluntary Conveyance set on foot by the Defendant Conveyance with power of Revocation on payment of 12 d. at such a place 12 d. was tendered at another place with express declaration to revoke the Deed. which Deed is with power of Revocation upon the tender of 12 d. and the 12 d. was tendered accordingly with intent to revoke the said Deed and the said Deed is accordingly Cancelled but the Defendants in respect the 12 d. was not tendered at the place appointed set the said Deed up at Common Law and upon a Trial at Law without any defence made by the Plaintiff the Defendants were Nonsuited and the Plaintiff being a purchaser of the premisses first by Mortgage for 500 l. and afterwards by absolute Assignment for 770 l. more The Lord Keeper upon reading the said Cancelled Deed saw no cause to alter the Master of the Rolls his Decree aforesaid but ordered the same to stand Confirmed Comes Sterling contra Levingston 24 Car. 2. fo 113. 432. THat Sir Peter Vanlore the Elder being seised in Fee of the Lands by Deed Covenanted to stand seised thereof to several uses under which all parties to the Suit claim several parts of the premisses and here being a Proviso in the said Deed That if young Sir Peter Vanlore or the Issue whose Issues and Heir the now Plaintiffs are should attempt to impeach the said Settlement that then the uses to him and them limited by the said Deed should be void and that by the death of several persons several parts