The transactions of the High Court of Chancery, both by practice and president,: with the fees thereunto belonging, and all speciall orders in extraordinary cases, which are to be found in the registers office as they are quoated by tearmes yeares & bookes. Collected by that famous lawyer William Tothill Esq; late one of the 6 clearks. And since reveiwed [sic] by Sir Ro: Holborne, bencher of Lincolns-Inne.

[ 126] Purchasors.

* 1.1 Vavasor, or Waserer contra Row, in 33. & 34. Eliz. the said Plaintiffe bought land of one who had no power to sell and mo∣ved, that if the Defendant should be com∣pelled to bring in the Leases, which might incumber the Plaintiffs purchase, then the plaintiffe might bring in the antient Evi∣dences which might discover, that he which sold to the Plaintiffe, had no power to sell, the Court Answered, that no Ayd should be given to overthrow Purchases made bo∣na fide.

* 1.2 Smith contra Killigrew, & Ognell, in 34 & 35. Eliz. li. A. fo. 88. Ognell would have charged land purchased by the Plain∣tiffe of Killigrew, by a former _____ _____ because a Collaterall which grew after the Plaintiffs purchase was not performed; It was thought no reason to load the land with heavy Agreement, after Smith pur∣chase. Hall contra Often, 3. Jac.

* 1.3 The Court would not stay a Purchasor from felling of woods, though the Vendor had an Estate for life. ••irringham contra Eyres. 37. Eliz. and the Court would not bar him remedie at law, upon any Evidence he could produce.

* 1.4Banister contra Brooke, a man possessed of a Lease for Fifty years, he dying intestate, the Wife Administers, and makes a Feoffe∣ment to her own use, a little before her Marriage with a second Husband, the Feof∣fees sell the land for valuable consideration, and was enjoyed many years accordingly: After the Wives death, the second Husband would avoyd this purchase by reason of the use▪ the Court decreed that the Purchasors should enjoy it, notwithstanding a Verdict at law, in Mich. 17. Iac. li A. fo. 413.

* 1.5 Swan contra Rogers, Mich. 9. Iac. li. A. fo. 305. the Court relieveth the Purchasor against a breach of Condition.

Burlace contra Burrell▪ in Pasch. 19. Iac. li. B. fo. 1244. being a Purchasor.

Stonehouse contra Dell, the contrary in 10. Iac. li. B fo. 274.

Buller contra Smith, in Trin. 15. Car.

* 1.6Comes Pembroke contra Eyre, in 17. Iac. li. B. fo. 863. A Purchasor relieved against an antient statute.

Stile cont' Michell, in Pasch. 19. Iac. li. A.

Dimmock contra Williams, in Mich. 16. Jac. li. A. fo.

Warcroft contra Dom. Culpepper, in Mich. 15. Jac. li. B. fo. 244. relieved against antient statutes.

Garfield contra Humble, in 16. Jac.

White contra Phillips, in Trin. 21. Jac. li. B. fo. 768.

* 1.7Standen cont' Bullock, the Plaintiff bought feverall Mannors of Thomas Bullock decea∣sed, who (before the Plaintiffs purchase) had conveyed the same by Fine and Reco∣very to the Defendant and his heires males, which being done without consideration, was adjudged and decreed to the Plaintiffe, in 38. Eliz. li. A. fo. 713. & 42. Eliz. li. B. fo. 289.

The like between Cheek contra Beamont, in Hill. 18. Jac. fo. 775. & 1165. look for the finall Order upon the Judges Certifi∣cate, Lands conveyed when sick in Trin. following.

Hurt contra Hurt, Hill. 12. Jac. li. B. fo. 727.

Helam contra Colt, in 9 Car.

* 1.8Boll contra Hancock, in Octob. 11. Jac. A Purchasor relieved against a statute.

Lister contra Harrison, a Purchasor relieved against a statute in 9 Jac. li. B. fo. 619. sought to bee extended by a se∣cond

Agreement after the Purchase.

* 1.9Curson contra Blackall the Father makes a voluntary Coveyance in tayle of lands, reserving an Estate for life, after sells the Woods upon the lands to a stranger. De∣creed that the Vendees of the Woods shall have the woods notwithstanding the Con∣veyance of the lands 25. I anu. 9. Jac.

* 1.10Chandler contra Dawtree, in 41. Eliz. li. B. fo. 480, The opinion of the Court, that a statute for performance of Covenants, ought not to take away the possession of a Purchasor.

Dom. Burgh contra Wolfe, an antient statute being against a Purchasor, though no direct proofe on either side, Decreed to be cancelled, in 11. Iac. li. B. 426.

* 1.11Maynard contra Pauperes de East-Greensted, a Purchasor that comes in with∣out notice of a Rent-charge, shall not bee chargeable therewith, although given to a charitable use in 6. Car. l••. B.

Rutter contra Bartley, Purchasors relie∣ved of a sleeping Mortgage, in Mich. 2. Car.

Comes B st••ll contra Hamond, the De∣fendant would avoyd a Lease against a Pur∣chasor upon proofe that the Lease was made by one of Non sane memoriae. and that point of parcell is determinable at law, the Lease decreed, 9. Car.

Simeon contra Greene, to help a defe∣ctive Deed and take off Incumbrances, as Statutes and Judgements subject to those lands, being against a Purchasor, in Hill. 10. Car.

Simeon cont' Cheriton, in Mich. 10. Car. vel Iac. a Statute set on foot nine years af∣ter Decree to obvert it, stayd.

Mutts contra Com. Kancie, a Purchasor of a Lease, out of which a rent is issuing shall not be lyable, but th'Executor of the Will, 31. Ian. 9. Jac. this rent was without a clause of Distresse, and the Executrix and her Tru∣stee, sold away the Lease.

The like between Nurton & Nurton, 9. Jac.

* 1.12Thoruburgh contra Grobham, about 17. Jac. a Purchasor for a valuable conside∣ration restrained from bringing an Audita querela upon pretence that a Purchasor had levied moneys upon other securities.

Walton contra Lewkner, a man buyes land, knowing of a former Agreement, 11. Maii, 12. Car.

Yeaveley contra Yeaveley, in 14. Car. Purchasors comming in pendente lite bound.

Notes

• * 1.1

  Purcha∣sors fa∣voured.
• * 1.2

  Not char∣ged by a∣ny colla∣terall A∣greement after the sale.
• * 1.3

  Favoured.
• * 1.4

  Buying land of Feoffees relieved though a Verdict at law a∣gainst them.
• * 1.5

  Relieved against breach of Conditi∣on.
• * 1.6

  Relieved against an antient statute.
• * 1.7

  Relieved against a Deed of Intaile.
• * 1.8

  Relieved against statute upon a second A∣greement.
• * 1.9

  Relieved against a voluntary convey∣ance.
• * 1.10

  Relieved against a stat. for perform∣ance of Cove∣nants.
• * 1.11

  Having no notice shall not be char∣ged.
• * 1.12

  To prohi∣bit a Pur∣chasor to bring Au∣dita quere∣la.