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.

Feme Covert.

BAcon alias Prior, le feme vend le use {que} le feme ad cer' les Deniers vncorpus le mort le Baron quel clayme le use mere, & nient remedie in equitie, 7. E. 4. vouch un ease de Tasborough & Danvers, are in que∣stion, Hillar. 1590.

The Husband sold lands and debts due to the Wife before Coverture, and tooke Wares for it, hee dying she surviving re∣leased the debts, and decreed she should not, 36. H. 6.134. & 142.

Waterhouse Defendant, was Grauntee of a Lease in trust, to the use of the Wife of Witham, she dyed, and made Waterhouse Administrator, Witham complained, and would have had the Lease in equitic, the order and opinion of the Court was, hee should not, but the Grauntee and Admini∣strator should, 38. Eliz.

* 1.1 Ireland contra Pavie in Mich. 13. Car. The Plaintiffe held two Tenements of the Husband and Wife, and surrendred both, in consideration that the Husband and Wife

should make a Lease for one of them for three lives, the Husband dyed, the Wife be∣ing but Tenant for life, and so by the Sta∣tute would have avoyded the Lease for three lives, but the Court thought good it should be holpen in Equitie. Donnery & Weston 36. & 37. Eliz.

Feme ad Estate dïspunishable del wast un••'. wast en measons prohibit & puis en Mare sine auxi, Morgan & Peury, 37. Eliz.

* 1.2 Feme covert partie by Articles, and to a Decree, but she assented not, the effect of it was, to forgoe the Joynture for other re∣compence, after that the Husband dyed, she tooke a new Husband, and they left to the law to recover her Joynture. Slater contra Foliambe, 37. Eliz.

Styward contra Jarmy, & Iarmy contra Stayward, Iarmy was enforced to make as∣surance, Mich. or thereabouts decreed in 39. & 40. Eliz. li. A. fo. 660. li, B. fo. 41. & 42. Eliz. fo. 220. & 551, and because shee refused to performe, was committed till she did agree.

The like between Twyn & Box, in li. A. fo. 487.22. & 23. Eliz.

Egerton contra Townsend, li. B. fo. 954 11. Jac.

Voux & Uxor, contra Gleas & Uxor, 4

& 5. Ed. 6. fo. 35. the Court doth order that the Husband shall become bound in a Re∣cognizance, that his Wife shall release her Right.

* 1.3 Barty contra Herenden, 2. & 3. Eliz. li. A. fo. 62. the Court compells the Hus∣band and Wife to levy a Fine.

Wiat contra Wiat, in Mich. 16. Jac. li. B. fo. 476. The Wife being no partie to the Bill.

Hausly contra Hausly, Trin. 17. Jac. & Hillar' prox.

* 1.4 Westdeane contra Frizell & Uxor', the Defendant and his Wife committed to Pri∣son for not performing the order in Maii 10. Iac. The Decree and their Commit∣ments in 12.13. & 14. Iac. Regis in 14. Iac. li. B. fo. 14. She was committed to Newgate.

* 1.5 Sands contra Tomlinson, Mich. Iac. li. A. fo. 679. a Wife compelled to levy a Fine and perfect assurances.

Pope contra Moore, the Defendants Wife being priviment enseint at her husbands death, the child could not be provided for by law, but the Court ordered, that the Child should have sufficient allowance, li. A. fo. 307.3. Car. vel Iac.

* 1.6 Rivet contra Lancaster, the Wife sueth her Husband, in 39. Eliz. li. A. fo. 201.

West. contra West, 12. Car.

And feme Covert sueth others, 17. Iac. li. A. fo. 940.

Kiffin contra Kiffin, 17. Iac. li. A.

Dom. Crispe in Pasch. or Trin. 18. Iac. li. A. fo. 1088.

Comitissa Dorset contra Comitem Dorset about 7. Iac.

Fleshward contra Iackson, Money given to a Feme Covert for her maintenance, be∣cause her Husband is an unthrift, the Hus∣band pretends the money to be his, but the Court ordered that the money should be at her disposing, 21. Iac. li. B. fo. 719.

Rust contra Whittle & al', Pasch. 8. Iac. li. B. The Court doth decree a Report where∣in it was thought fit, that the Defendant should compell his Wife, and another mans Wife, being th'other Defendant, to levy a Fine and joyne in assurance.

* 1.7 Dom. St. John contra Englefield, in Mich. 14. Iac. a Bill preferred without the privitie of her Husband, allowed.

Gascoigne contra Francklyne, a Feme Covert sues others, 42. Eliz. li. A. about fo. 593.

Haynes contra Duncombe, in Trin. 21. Iac.

Milward contra Bradborne 5. or 6. Car.

* 1.8 Lake contra Deane, 38. Eliz. li. A. fo. 157. a Wife examined to discover her Hus∣bands deceipt.

* 1.9 Cary contra Ley, in Mich. 21. Iac.

Land charged with a paroll trust, though made by a Feme Covert.

Sambroke contra Ramsey, in Mich. 13. Car.

* 1.10 Baskervile contra Sinthome, the Plain∣tiffe conveyed a Lease to Feoffees in trust, to the use of his Daughters, and to his Chil∣dren lynially, the Daughter married and had issue, which dyes, marries againe, the Feoffees conveys the Lease to the Wife and Husband, and discharges the trust, the wo∣man gives this trust to the Husband & dyes, the Heire sues the Husband for this land, but ordered that the land should goe to the Husband, notwithstanding the Conveyance, 12. Jac. li. B.

* 1.11 Palmer contra Shonck, a feme Covert to Answer Mich. 5. Car.

* 1.12 Stiles contra Stiles, an Agreement binds a Feme and an Infant, in Hillar. 2. Car.

Sankey contra Golding, 21. Eliz. li. fo. a Feme Covert sues without her Hus∣band.

* 1.13 Farewell contra Curson, Feme covert sues in Chancerie sa Baron in vie ouster la Ma∣re, 31. & 32. Eliz. fo. 8.

Baker contra Newbery, about 5. Car. though the Husband released.

* 1.14 Moore contra Dom'. Greenvile, will not

Answer because a Feme covert and within Age, compelled, 11. Car.

Throckmorton contra Calver, a woman returning her Answer, being married after the Commission awarded, ordered, 11. Car.

* 1.15 Randall contra Tynny, a single woman did agree to have a moitie of land, and after Marriage, subscribed her name with her Husband, to a latter Agreement, though Feme covert decreed in 10. Jac. li. B. 25. or 250.

Holman contra Awdley, 10. Jac. li. B. fo. 309. a Wife not to bee examined against her Husband.

* 1.16 Court contra Popham, the Wife demurres without her Husband, because charged with conspiracie and combination, ordered to Answer upon Oath about June. 6. Car.

Comes Danby contra Peele, a Release by the Husband shall not prejudice the Wife, to sue for her Jewels in 13. Car. and a Wife sues another in a friends name.

Keeling contra Bodley, Mich. 14. Car.

Rowe contra Comitem Newburgh, 14. Car. Looke in it otherwise, because separate.

Comes Exon' contra Dom. Morley, how farre it binds an heire more then Common law, for payment of debts, 13. Car.

* 1.17 Portman contra Popham, a Wife to an∣swer without her Husband being beyond the Sea, in 11. Car.

Batson contra Conney, the Defendant de∣murres that at the time of the Agreement, the Defendant was an Infant at sixteen years old, and now married, and so not bound, ordered to answer in Mich. 14. Car. and in Hill. 15. or 16. Car.

Poole contra Harrington, or econ'. A Wife hath a stock for her own use and dies, who is buried by a friend without direction of her Husband, he that buries her must bee at the charge, and not the Husband, in Mich. 14. Car.

Roe contra Dom. Newburgh, a Feme co∣vert cannot sue, unlesse there be a severance, this suit is for a promise in Marriage, after twenty yeares, the matter was dismissed, be∣cause the Plaintiffe could not find Presidents suting this case. in Trin. 15. Car.

Georges contra Chancie, a Feme Covert being separated, having an Allowance of two hundred pounds she improved it, and disposed of it by her Will, Mich. 15. Car.

Clarke contra West, how far a man Non compos mentis shall be concluded by a Feme Coverts disposing of his Estate, in Mich. 15. Car. a case made and referred to Judges.

Simpson contra Simpson, a man cannot sue his Wife, nor a Wife her Husband, in 3. Car fo. 394.

* 1.18 Dookwray contra Poole, a man having three Daughters, intailes his land upon thom after one of them married, and being a Fems Covert, with the consent of her Husband was contented and agreed, to take one thousand pounds in consideration and extinguishment of her right as Co-heire, the Judges hold it to be no good barr to her, in Trin. 7. Jac. The Judges Certificate.

Notes

• * 1.1

  Seekes to avoyd a Lease.
• * 1.2

  Not boūd by Decree.
• * 1.3

  Compel∣led to le∣vy a Fine.
• * 1.4

  Commit∣ted to Newgate for not perform∣ing an Order.
• * 1.5

  Compel∣led to le∣vy a Fine and per∣fect assu∣rances.
• * 1.6

  Sueth her Husband and o∣thers.
• * 1.7

  Sued o∣thers without her Hus∣band and in her friends name.
• * 1.8

  Examined against her Hus∣band.
• * 1.9

  Chargeth lands with a paroll trust.
• * 1.10

  May dis∣pose of a Trust. &c.
• * 1.11

  To an∣swer.
• * 1.12

  An Infant bound by Agree∣ment.
• * 1.13

  Sues.
• * 1.14

  An Infant compelled to answer.
• * 1.15

  Bound by Agree∣ment.
• * 1.16

  Demurrs ordered to Answer.
• * 1.17

  To an∣swer.
• * 1.18

  Received 1000 l for her right yet not barred.