ERRATA.

VOL. V.

Page 301, line 7, for "second," read "first,"

890, at the end of line 12, insert the words, "to the use of Hannah Clark for life, with remainder."

THESE
HESE were two appeals from a decree of Vice- Before The
Chancellor Kindersley, founded in principle upon

LORDS JUS-
TICES.

a decision of Vice-Chancellor Lord Cranworth, granting A registered an interlocutory injunction in the same case. The case judgment against a cleris reported on the application for an injunction in the first gyman does volume of Mr. Simons' New Series of Reports (a). The not create a facts were shortly these:

the the

charge upon his benefice entitling the judgment creditor to the appointment of

of

By an indenture dated the 8th of August 1845, Rev. M. A. Gathercole made a mortgage in fee to Plaintiff Mr. Hawkins, for securing the repayment 24,000l. with interest. At the same time, Mr. Gathercole executed a warrant of attorney for 49,000l., on which judgment was entered up and registered under the provisions of the statute 1 & 2 Vict. c. 110, on the 5th of September in the same year. Five years afterwards the

judgment

a receiver

under 1 & 2

Vict. c. 110.

Vol. VI.

(a) Page 63.
B

D.M.G.

1854.

HAWKINS

v.

judgment was re-registered. Shortly afterwards, Mr. Gathercole became, upon his own presentation, Vicar of Chatteris Nuns, in the Isle of Ely. In September 1849, GATHERCOLE. Mr. Hawkins issued a writ of fieri facias for the recovery of arrears of interest on the debt, but the sheriff being unable to raise the full amount a sequestration was issued, under which the remainder of the arrears of interest was obtained. Other judgment creditors afterwards issued sequestrations against the benefice. Mr. Hawkins then filed the bill in the present suit against Mr. Gathercole, the Bishop of Ely, and the other judgment creditors, praying that the Plaintiff might be declared entitled to have his debt and interest paid in priority to the judgments of the other judgment creditors, and that the Plaintiff's judgment might be declared a charge upon the vicarage, and that the Bishop might be restrained from executing the sequestrations of the other creditors, and that a receiver might be appointed of the rents, tithes and rent-charges belonging to the vicarage.

It was upon the motion for the injunction and receiver thus prayed for that Lord Cranworth, then ViceChancellor, on the 21st of November 1850, held that the judgment was a charge upon the living, under the 1 & 2 Vict. c. 110, s. 13 (a), and made an order which, after

(a) 1 & 2 Vict. c. 110, s. 13. "And be it enacted, that a judgment already entered up or to be hereafter entered up against any person in any of her Majesty's Superior Courts at Westminster, shall operate as a charge upon all lands, tenements, rectories, advowsons, tithes, rents and hereditaments (including lands and hereditaments of copyhold or customary tenure), of or to which such person shall, at the time of entering up such judgment, or at any time afterwards, be seised, possessed or entitled for any estate or interest whatever at law or in equity, whether in possession, reversion, remainder or expectancy, or over which such person shall at the time of entering up such judgment or at any time afterwards, have any disposing power which he