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.

[ 36] Conveyance.

* 1.1The Plaintiffe (depending the suit) con∣veys over his Interest but in trust, and yet

the Court would hold no longer in his name, Hill. Contra Portman 1584.

* 1.2Rushloy contra Mansfield, lands con∣veyed away by an Ideot, by Fine holpen for him in Remainder, being in Fee against a Purchasor, and concerning notice also, Trin. 10. Jac. fo. 119. or 1190. li. B.

* 1.3 Ayloff contra Ayloff, the Court restrains the Defendant from making any convey∣ance to his children by a second Wife, to dis-inherit the Plaintiffe being his Grand∣child and Heire, and concerning a promise, in Trin. 12. Jac. li. B. fo. 1040.

* 1.4Conquest contra Newdigate, the Defen∣dant seeks to avoyd a conveyance for want of Livery, yet holpen, and Common and Farmes whether parcell of the Mannor, was sought to be avoyded by unitie of possession, yet decreed here in Mich. or Hillar. 9. Jac. li. B. fo. 604.

Finches Case, in Trin. 41. Eliz.

* 1.5 Grant contra Edes, the Plaintiffe made a Conveyance to Feoffees in trust, to the use of his sons being Infants, with severall re∣mainders over, the Plaintiffe being after in∣debted, the Court inables him to convey and sell those lands, in Hillar. 18. Jac. li. B. fo. 758.

Lewis contra Vaughan, the Plaintiffe be∣ing simple, the Defendant got a Convey∣ance

* 1.6from him, of his lands, and although the land was sold to Purchasors, and a dis∣cent, yet the Plaintiffe had the land reassu∣red to him in 4. Jac. li. B. fo. 835.

Plasted contra Algood, whether (a Con∣veyance in trust) a man may dispose of the same by will, or otherwise, in 4, Car.

Dom. Buck contra Paul, in Mich. 5. Car. This is concerning an Office.

Moreton contra Briggs, a Conveyance sought to be a voyded for want of livery, re∣lieved, Hill. 16. Jac.

* 1.7 Fitz-James contra Hirsley, a Widow before Marriage, makes a Conveyance to the use of her selfe to friends, because her Husband shall not have benefit, the Trustees assigne this Lease to one for valuable consi∣deration, and though the Husband joyne, shall not prejudice her, but because the As∣signee came in upon a valuable considerati∣on, shall keep it till he receive all disburs∣ments, and the Wife to have benefit of the same, 32. & 33. Eliz. l. A. fo. 464.

* 1.8Thomas contra Powell, a Conveyance in trust to uses, needs no livery, and concern∣ing Tenants in Common, in li. B. 6 Car.

Episcopus Heref. contra Bright & Bark∣ley, A Conveyance made to avoyd a Ward∣ship, decreed not to be given in Evidence in Mich. 6. Car.

* 1.9 Dominus Roberts contra Lea, the Defen∣dant makes a Conveyance in trust, and af∣ter sells the Inheritance, the trust shall go in equitie to the Purchasor, in 8. Car.

Lamplughs case.

* 1.10 Paul contra Wilkins, Three Copartners, one for a valuable consideration sells this land but before Deed executed dyes, de∣creed against the Defendant, in Mich. 14. Car.

* 1.11 Cooke contra Cleere, though a Convey∣ance be defective, yet because there was a full intention to make better assurance, De∣creed in 2. Car.

Notes

• * 1.1

  Convey∣ance.
• * 1.2

  Lands conveyed away by an Ideot holpen for him in Re∣mainder.
• * 1.3

  A re∣straint from ma∣king a Convey∣ance to children by a se∣cond ven∣ter.
• * 1.4

  One seeks to avoyd a Convey∣ance for want of Livery.
• * 1.5

  Convey∣ance in trust to Infants being af∣ter indeb∣ted, ina∣bled to sel the lands to pay debts.
• * 1.6

  Of lands was ob∣teyned the Plain∣tiffe being simple re∣assured.
• * 1.7

  To tru∣stees by the Wife before marriage to use, who sells the same, though the hus∣band joyn shall not prejudice the wife.
• * 1.8

  Intrust to uses, needs no livery.
• * 1.9

  In trust and after sells the Inheri∣tance.
• * 1.10

  Defective for want of livery decreed.
• * 1.11

  Defective intention supplyed.