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.

[ 128] Promise.

* 1.1 Where the Law cannot give a Lease, or a thing promised but damage, there is some cause for the Court to compell the partie to performe the thing promised, Browne contra North. Waller contra Salter, in Trin. 8. Jac. li. A.

Ferne contra Bullock, Mich. 9. Jac. li. A. fo. 274. the Defendant promised to sell the Plaintiffe land, whereof ten shillings was gi∣ven him, yet the Defendant would not per∣forme, yet he should.

Clarke contra Hackwell, in 3. Jac. li. A. fo. 596. Five pounds paid, Decreed.

Long contra Long, in 40. Eliz. li. A. fo. 360. or 369. the Defendant promised and agreed to assure Leases in Marriage with the Plaintiffs Daughters, who would not per∣forme it, but Ordered.

* 1.2A man promiseth to assure lands in con∣sideration of Marriage, but after the Mar∣riage refuseth, yet ordered, Gerards Case, in 2. Jac. li. A. fo. 202.

Fox contra Fox, in 8. Iac. li. B. fo. 248.

Wroughton contra Stafford, to leave con∣sideration 13000. pounds at death, Mich. 21. Iac.

Hale contra Hicks, in Nov. 38. Eliz. a Copie.

Otway contra Hibblethwaite, upon a pro∣mise made by the Defendant to passe his lands unto him, was the cause of his Mar∣riage, but when the said Desendant came to be old, conveyed away the same lands from the Plaintiffe, contrary to his promise, the Plaintiffe was relieved for part of the said lands, 13. Iul. 11. Iac.

Batters by contra Prowse, to pay Portions decreed in Hill. 5. Car.

* 1.3Egerton contra Eldred, the Defendant promised to procure a Lease of certain lands for the Plaintiffe, from the Contractors, but passed the same to himselfe yet ordered and decreed that the same shall be passed to the Plaintiffe, according to the first Agreement in Febr. 8. Iac. Iune 11. Iac.

Plaile contra Plaile, the Defendant pro∣mised to his Father, to assure certain Copy∣hold lands to the Plaintiffe, but the Father dying before any surrender, denyed to assure the same, yet decreed hee should, 21. Man, 9. Iac.

Perry contra Peckham, in Pasch. 3. Car.

Longman contra Hopgood, concerning a promise in Marriage, Hill. 3. Car. li. A. fo. 633. and a Sequestration of lands for non-payment of Money.

* 1.4Erby contra Evans, concerning a promise or bare Agreement, in Mich. or Hill. 5. Car.

Bancks contra Sheriff, promise left to the law, Mich. or Hill. 5. Car.

Clark contra Briers, in Iune 9. Jac. one relieved for a Lease for lives upon a promise.

Noble contra Washborne, to answer a promise, 5. Car. li. A. fo. 461.

Russell contra Read, a promise of 500 l to make himselfe a Baronet, would not pay it, yet decreed about 5. or 6. Car.

Church contra Dom. Mordant, a promise to make a Lease in Marriage, decreed against a Purchasor, in Trin. 2. Car.

* 1.5Stadd contra Cason, a single Witnesse could not Decree a promise, but referred to law, and then Equitie reserved, 10. Car.

Notes

• * 1.1

  A remedy for a pro∣mise.
• * 1.2

  To assure lands mar∣riage or∣dered.
• * 1.3

  To pro∣cure a Lease to another, but made to him∣self, de∣creed a∣gainst him.
• * 1.4

  Or bare agreement.
• * 1.5

  By one Witnesse dismissed to law, but equitie relieved.