PAYMENT OF MORTGAGE MONEY-continued. where such a general charge of debts, and one estate is in mortgage, and where estate devised, charged with debts, in undivided shares, and one mortgagee having two estates shall not disappoint a second mortgagee but as against a third incumbrancer on the other estate, if specific, the residuary devisee of land liable to debts before specific legatee of person- whether same applies to pecuniary legatee, 474. whether lord taking by escheat is liable to debts jointly with specific devi- a general charge of debts and legacies on real and personal estate, will covenant by him with vendor to indemnify him or to pay the debt is not exception in a case in which the purchaser had originally become liable under a covenant with mortgagor to indemnify or pay the debt, purcha- trust or charge by purchaser for payment of debts will not comprise it, distinction if money be borrowed to complete the purchase, 476, and further distinction taken between a purchaser of the equity of re- cases in which there is a new agreement between the purchaser and quære, if purchaser merely covenant with mortgagee to pay the debt, 479. case of heir at law or devisee taking subject to mortgage, 479. covenant on transfer or assignment will not make the debt their own, or if party entitled to an estate under a settlement becomes entitled to or if other estates be added or loan of a further sum, 480. or a covenant for increase of interest, 480. exception where new equity of redemption and alteration of the rate of general charge by heir or devisee of debts on real and personal estate nor a direct mortgage by him to pay off debts or legacies of his ances- the like if he give his bond or note of hand for debts or legacies charg- ed on the land, 481, the case of surety, 481. where an estate is charged under a power, and in an assignment the per- PAYMENT OF MORTGAGE MONEY-continued. or where a man charges his estate as a mere surety for another's debts, voluntary gift by way of charge with personal covenant, 484, covenant by settlor for childrens' portions, widow's jointure, 484. husband and wife, case of, 485. money raised on wife's estate for benefit of husband, wife will be a cre- wife will have preference to legatees but not to creditors, 485. but creditor will not, it seems be entitled to marshal as against the wife's creditors may enforce her right to be repaid, if her executors parol evidence admissible to shew for whose benefit money raised, 485. parol evidence admissible of relinquishment of wife's claim after hus- claim of wife not waived by her covenant to pay, 486. husband to be indemnified if on transfer of wife's mortgaged estate he if he reduce the amount of principal, his estate entitled to stand in but not so as to interest, 486. may become a purchaser if the debt by a provision for wife out of his course to be pursued if the money raised is intended for husband's bene- time of payment may be enlarged after decree enrolled, 496. See Appropriation. Contribution. Marshalling. PENSIONS. for performance of future services cannot be mortgaged, 101. retiring pension granted by the East India Company cannot be charged, but a pension held at pleasure is in general assignable, 102. a portion of public pensions may be reached under the insolvent acts, 102. have a general lien by usage, 282. See Lien. PLEADING, as to duplicity in pleading by tenant, under-lessee of bankrupt mortgagor what is a sufficient averment of time of payment in action on covenant to POOR, See Lessee. Usury. mortgagor in possession may gain a settlement under the poor laws, 325. mortgagee in possession may gain a settlement, 345. in what manner trusts should be declared of portions, 131. case of term limited in remainder after death of parent, and portion made trust of term to raise portions on failure of issue male of the marriage, and children shall not wait the death of their father, 131, 132. PORTIONS-continued. distinctions taken in case a particular time is appointed for raising the or maintenance being directed to be raised out of the rents and profits or in case the residue of the rents (after raising maintenance) is general rule as laid down by Lord Eldon, 136. several cases in which the Courts have or have not held themselves bound the general rule laid down by Lord Eldon and by Lord Cowper now esta- portions may, it seems, be raised before the maintenance is payable, 141. general rules stated regulating the vesting and payment of portions, 150. portions will not be raised before their time upon the petition of the eldest if the portion be to be raised out of annual profits it will carry no interest, as to a gift over of a portion in the event of the younger child becoming an in what cases the words "rents and profits" will authorize a sale or mort- POSSESSIO FRATRIS, might have been of an equity of redemption, 34. See Half Blood. POST OBIT SECURITIES. See Expectancies. powers of tenant for life not destroyed by conveyance of life estate to mort- appointment by way of mortgage is but an exercise, pro tanto, 33. 526. but otherwise now, 37, 38. 54. a power to charge an estate with a sum includes a power to charge interest, an unlimited power to charge will authorize a disposition of the lands, 158. a power to appoint the fee will authorize a charge, 158. as also an appointment to trustees to sell, 158. a power to charge a sum of money held to authorize an appointment of a if a mortgage be made under a power, the equity will result in the old uses, coupled with an interest, is irrevocable, 351. how far the rule is applicable, 351. See Appointment. Charge. Notice. Sale. POWER OF ATTORNEY, authorizing a person to take possession of lands as a security amounts to a in ejectment in case interest is in arrear, 109. general power of attorney to receive payment does not authorize attorney should be given on an assignment of a mortgage, 304. to sell stock which is afterwards devised, legatee is in light of a legatee of PREBEND, how far he may alien or charge his ecclesiastical property, 206. equitable mortgagees rank according to time, 34. 209. 410. judgment creditor postponed to a prior equitable charge or assignment. between judgment at law by creditor and a decree in equity to administer between judgment creditor and assignees in bankruptcy or insolvency, between assignees in insolvency of beneficed clergyman and judgment cre- between the debts of crown and those of subjects, 81-97. 414. between the assignees in bankruptcy of the depositor and the depositary of between different mortgagees in respect of the possession of the title deeds, between equitable mortgagee by deposit and assignees in bankruptcy or between equitable mortgagee by deposit and a subsequent purchaser or a purchaser or mortgagee has a right to have a defective conveyance con- so right of marshalling of two estates comprised in the first mortgage between two purchasers or mortgagees, the first having a defective security, between different mortgagees of the equity of redemption, 209. 219. where the legal estate is outstanding the rule qui prior est tempore potior unless any one has a better right than the others to call for the legal as between cestui que trust and depositary of title deeds, 412. equitable mortgagee preferred to prior equitable assignees, of a legacy a mere equitable incumbrancer takes subject to liabilities affecting his set off of maker of note in respect of subsequent transactions preferred to purchaser of estate buying in a subsequently discovered mortgage, which whether the common right of a surety to stand in place of creditor avails does not avail against further advances tacked by the creditor, sem- a mortgagee of a ship and cargo does not lose his priority by the tranship- PRIORITY-continued. debtor, an intervening bankruptcy or insolvency will not deprive where estate is purchased free from incumbrances, and the purchaser rule applied where puisne incumbrancer had bought up all preceding judgment creditor aided by Court in setting aside outstanding terms, not- given by statute to the consideration for the enfranchisement of copyholds, of charges made by tenant for life under a power, 414. by notice, not applicable to equitable interests in real estate or chattels may be lost by fraud, 415. if the prior incumbrancer denies that he has any charge on being if he fraudulently conceals his incumbrance, 415. not sufficient if he is mere witness, 415. not fraud that the assignees in insolvency permit the insolvent to keep want of possession by the first mortgagee of the title deeds is only second legal mortgagee not postponed to prior equitable incumbrancer whether subsequent incumbrancer without notice, who has contracted for subsequent incumbrancer who has taken an apparent conveyance of the a bona fide incumbrancer without notice may protect himself by getting in or satisfied term, 418. or a judgment, 418 unless affected with notice of express trust before obtaining his legal immaterial that there is no consideration, 418. but the strict forms of inrolling and docketing must be observed, equity will not allow surreptitious release of judgment, 418. a subsequent incumbrancer without notice obtains priority getting in the advisable to put notice of the second mortgage on the title deeds, 210. though intermediate charge be duly registered, 378. certificate of appointment of assignees in bankruptcy must, as against pur- |