SALT & SONS, CUPFWSBURY THE LAW JOURNAL POR THE YEAR 1825, COMPRISING REPORTS OF CASES IN The Courts of Chancery, King's Bench, and Common Pleas, FROM MICHAELMAS TERM 1824, TO TRINITY TERM 1825, BOTH INCLUSIVE AND ALSO REPORTS OF CASES IN THE COURT OF COMMON PLEAS FOR TRINITY TERM 1824. VOL. III. LONDON: MDCCCXXV. 1. Reports of Cases in the Courts of Equity. 2. Reports of Cases in the Court of King's Bench. 3. Reports of Cases in the Court of Common Pleas. 4. Reports of Cases in the Ecclesiastical and Admiralty Courts. 5. A Digest of all the Reports in every Court of Justice in the Kingdom. 6. An Annual Supplement to Burn's Justice. 7. An Abridgment of every Act of Parliament immediately after it has passed. 8. Law Tracts. 1825. IN THE COURTS OF EQUITY. - IN THE COURT OF COMMON PLEAS. IN THE COURT OF EXCHEQUER. IN THE ECCLESIASTICAL COURTS. The Right Hon. Sir John NICHOLL, Knt. Official Principal of the Arches Court of Can terbury, Judge of the Prerogative Court and the Court of Peculiars of Canterbury. The Right Hon. Lord Stowell, Judge of the High Court of Admiralty of England. The Right Hon. Sir CHRISTOPHER Robinson, Knt. Chancellor of the Diocese of London. Sir John SINGLETON Copley, Knt. Attorney General. CASES ARGUED AND DETERMINED IN THE COURT OF CHANCERY: COMMENCING IN THE SITTINGS BEFORE MICHAELMAS TERM, 1824. } PLUNKETT V. CAVENDISH. issue; life, with remainder to his first and other Nov. 2. sons, successively, in tail maie; in default of such issue, to the use of Lord John CaA reversioner files a bill against a de vendish, and the heirs-male of his body ; fendant, who claims under a recovery suf- and in default of such issue, to his, the tesfered by a prior tenant in tail, and charges, tator's, own right heirs. that, if any recovery was suffered, the uses The testator died in 1756, leaving no of it were so declared, that under them the and in 1764, Catherine Lowther plaintiff had title, and that so it would died. Lord George Cavendish died in appear, if the defendant would produce the 1794, Lord John Cavendish in 1795, and documents in his possession: Held, that a Lord Frederick Cavendish in 1803. None plea of the recovery suffered, and of the of these devisees left any son them survivdeed leading the uses of it, was good, ing ; but Lord John Cavendish made a though not supported by any answer deny- will, by which he devised all his hereditaing ihe above-mentioned charges. ments in the counties of Northampton, Sir William Lowther, by his will, dated York and Lancaster, to Lord George the 7th of April 1755, devised certain pre- Henry Cavendish, who, claiming, as it was mises to the Duke of Devonshire and the alleged, under that devise, entered, upon Marquis of Hartington, and their heirs, to the death of Lord Frederick, into the prethe use (upon the failure of his own issue) mises in question, and had ever since been of Edward Wilson and Thomas Wilson, in possession of them, and of all deeds and during the term of 200 years, upon certain documents relating to the same. trusts ; then to the use of Catherine Low- The plaintiff, after setting forth these ther, for her life; afterwards, to the use of circumstances, stated, that she was heirLord George Cavendish, for his life, with- at-law of the testator ; "that, upon the out impeachment of waste; remainder to death of Lord Frederick Cavendish in 1803, his first and every other son successively in the ultimate limitation to the testator's tail male; in default of such issue, to the right heirs took effect, under which she beuse of Lord Frederick Cavendish, for his came entitled; but that she had only lately B |
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