Payment by John Arnold of 147. on account of rent of Cotts Farm to Messrs. Powell & Co. on or about the 14th of September, 1857.

That Messrs. Powell & Co. were then the agents of Ridgway & Drake, who acted for the Misses Langharne, and the sending of the letter of the 17th of September, 1857, and the receipt by Ridgway.

Copies of the following wills, without production of the originals, admitted to be duly executed,-1. Will of John Philipps Langharne,— 2. Will of John Edmund Philipps Langharne,-3. Will of Sir William Philipps Langharne.

Death of the testators; and death of Rowland Henry Philipps Langharne without issue.

That Sarah Elizabeth White and Lilla Philipps Cross are at present the only surviving legitimate children of Sir William Philipps Langharne Philipps.

Death of Charles Allen Philipps, the trustee.

Indenture of settlement of 7th August, 1832.

Lease to Benjamin Harries.

Assignment of same by Benjamin Harries to Thomas Harries.
The like from Thomas Harries to John Arnold.

Underlease from Arnold to Howell.

Assignment from Edwardes Tucker to Sir William Philipps Langharne Philipps and Nathaniel Philipps.

*Death of Nathaniel Philipps.

*211] Administration with the will annexed of Sir William Philipps Langharne Philipps to Lilla Philipps Langharne. Authority to distrain, dated 4th June, 1860.

The taking and place of taking, and also the property in the goods in the plaintiff.

Correspondence between Powell & Co. and Ridgway & Drake and Hare & Whitfield on each side; and that such of the letters as are written to or addressed to Henry Matthias were so written or received to or by him as agent of Messrs. Ridgway & Drake.

Notices to admit and produce on each side.

Copy writ of summons in an action of Connell v. Arnold, dated 12th of March, 1859, and that the rent endorsed as particulars was claimed in respect of Cotts Farm.

Office-copy of judgment in Connell v. Arnold, and amount thereof, and that same was in respect of the rent endorsed on the writ of summons in same action, dated 16th of July, 1860.

It was also admitted that Dr. Connell had given Arnold notice to pay the rent to him.

The case, as settled by the Judge of the County Court, set forth the title of the defendants to the lands in question, together with the encumbrances, so far as they affected the case; the title under which the plaintiff occupied the land in question; the correspondence and notices produced or afterwards forwarded to the judge by consent; and the substance of the oral evidence given at the trial, as follows:-John Philipps Langharne, by his will, dated October 21st, 1813, devised the tenement in question to William Edwardes Tucker and Charles Allen Philipps, their executors, administrators, and assigns, for 1000 years, in trust to raise and levy or borrow and take up

*at interest and pay (amongst other sums) the sum of 30007. [*212 with interest at 51. per cent. to his daughter Elizabeth Philipps Langharne, now Elizabeth Philipps Greene, widow, and, subject to the said term and trusts thereof, to his eldest son, John Edmund Philipps Langharne, in fee simple.

The testator died in June, 1814, without having revoked or altered his said will.

The said John Edmund Philipps Langharne, by his will dated December 10th, 1816, devised the tenement in question to the use of William Edwardes Tucker and Charles Allen Philipps, as joint tenants, in fee simple, and directed a settlement thereof, with power of leasing, to be made by them.

The testator died in December, 1819, without having revoked or altered his will as above stated; and thereupon William Edwardes Tucker and Charles Allen Philipps entered into the possession or receipt of the rents and profits of the tenement in question, and they and the survivor of them so continued till the execution of the indenture next hereinafter stated.

Charles Allen Philipps died before the year 1832.

By a decree of the Master of the Rolls, made on the 11th of December, 1821, in a suit in which the said William Edwardes Tucker and Charles Allen Philipps were the plaintiffs, and Rowland Henry Langharne, William Philipps Langharne, James James and Anna Maria Louisa Philipps his wife, Elizabeth Philipps Langharne, and Thomas James, were the defendants,--it was ordered, among other things, that so much of the debts and legacies of the said John Philipps Langharne and John Edmund Philipps Langharne as their respective personal estate should be insufficient to pay should be raised by mortgage or sale of their real estate, and that the money to be raised thereby should be applied in payment of so much of the debts of the testator John Philipps Lang[*213 harne as his personal estate should not be sufficient to pay, and then in payment of so much of the legacies given by his will as his personal estate would not be sufficient to pay, and in payment of the charges of 3000l. each to his children, and then in payment of so much of the debts and legacies of the said testator John Philipps Langharne as his personal estate would not be sufficient to pay; and that such real estate, subject to such mortgage, or the residue thereof, and in case of sale, should be settled and conveyed by the said Edwardes Tucker and Charles Allen Philipps, the trustees, to the uses in the will of the said testator John Edmund Philipps Langharne mentioned. In pursuance of the said decree, by indenture dated January 13th, 1832, William Edwardes Tucker demised the tenement in question to William Philipps Langharne and the said Nathaniel Philipps, their executors, administrators, and assigns, as expressed in the said deed, for the then residue of a term of 1000 years created by the said will of the said John Philipps Langharne.

Between January, 1832, and August, 1832, the said William Philipps Langharne, who was a brother of the testator John Edmund Philipps Langharne, assumed the name of Philipps, and became Sir William Philipps Langharne Philipps, Bart.

By indenture of release and settlement dated August 7th, 1832, grounded on the usual bargain and sale for a year (precedent thereto),

the said William Edwardes Tucker, in pursuance of the directions for a settlement contained in the secondly stated will and the said decree in Tucker v. Langharne, released the tenement in question to John Hill Harries and Amos Crymes (the bargainees for a year thereof), their heirs and assigns (subject to the term of 1000 years *214] created by the will of John Philipps Langharne, deceased), subject to the mortgages mentioned in the schedule to the now reciting deed, one of which mortgages therein mentioned is that to which the tenement of Cotts was subject by the deed bearing date the 13th of January then last for securing to Nathaniel Philipps and Sir William Philipps Langharne Philipps, as trustees for and on behalf of Elizabeth Philipps Greene, the sum of 30007. and interest,-To the use and intent that several life annuities, among others the annuityof 501. to the said Elizabeth Philipps Greene, might be had thereout as rentcharges, and powers of entry and distress, and perception of rents and profits for the recovery thereof; and, subject thereto, to the use of the said Sir William Philipps Langharne Philipps for life, with remainder to the use of trustees during his life, upon the usual trusts to preserve contingent uses, with remainder to the use of the first and other sons of Sir William Philipps Langharne Philipps in tail, with remainder to the use of all the daughters of Sir William Philipps Langharne Philipps as tenant in common in tail, with cross-remainders between them as tenants in common in tail, with remainders over; and power was thereby given to Sir William Philipps Langharne Philipps during his life to demise the tenement in question to any person not exceeding three lives or twenty-one years in possession, at the best yearly rent or rents, payable half-yearly, without fine.

Sir William Philipps Langharne Philipps survived his co-trustee under the deed of the 13th of January, 1832, and died in January, 1850. Letters of administration to his effects, with the will annexed, were granted to his daughter Lilla, now Lilla Philipps Cross, and one of the defendants.

*On the 15th of January, 1858, the said Lilla Philipps *215] Langharne (she having dropped the name of Philipps), by a deed, reciting that the 30007. secured for the benefit of Mr. and Mrs. Greene by mortgage on the lands (amongst others) of Cotts was unpaid, and that the parties entitled to the premises under the limitations contained in the will of John Edmund Philipps Langharne had given notice of their intention to pay off the mortgage, that she had applied to Abraham James Nisbett Connell, and that he had consented to advance the 3000l. upon having the said mortgage assigned to him, assigned the mortgage to Connell, and the 30007. subject to the equity of redemption.

The said Nathaniel Philipps died afterwards, but before the execu tion of the indentures of the 23d and 24th of January, 1835, hereinafter mentioned.

Sir William Philipps Langharne Philipps died on the 17th of February, 1850. He left one son and four daughters, his only children, him surviving, viz. Godwin Philipps Langharne Philipps (who on his father's death became Sir Godwin Philipps Langharne Philipps, Bart.), his only son, and Sarah Elizabeth Langharne Philipps, Lilla Philipps Langharne Philipps, Lavinia Philipps Langharne Philipps, and Char

lotte Philipps Langharne Philipps, his four daughters: and Sir William Philipps Langharne Philipps had not had any other child who left issue living at the decease of Sir William Philipps Langharne Philipps.

Lavinia Philipps Langharne Philipps and Charlotte Philipps Langharne Philipps respectively afterwards died spinsters.

Sir Godwin Philipps Langharne Philipps died on the 18th of Feb. ruary, 1857, an infant, without issue and unmarried, and without having done anything to bar his estate tail in the tenement in question.

*The said Sarah Elizabeth Langharne Philipps, a defendant, after the death of her father, intermarried with and is now the wife of the defendant George Ransley White.

[*216

The said Lilla Philipps Langharne Philipps, a defendant, after the death of her father, intermarried with and is now the wife of the defendant Robert King Cross.

By indenture of lease and release, dated respectively the 23d and 24th of January, 1835, Sir William Philipps Langharne Philipps conveyed his life estate under the above-stated indenture of release and settlement of the 7th of August, 1832, in the tenement in question, 'to John Walters, Thomas Beynon, and Charles Brigstocke, upon trust by way of mortgage thereof, and leaving the equity of redemption in himself.

By an indenture of lease dated March 25th, 1837, and made between the said Sir William Philipps Langharne Philipps of the first part, John Walters, Thomas Beynon, and Charles Brigstocke, of the second part, and Benjamin Harries, of the third part, and sealed with the seals of the respective parties, it was witnessed that Sir William Philipps Langharne Philipps, in exercise or execution of a certain power or authority for that purpose given and reserved to him by the will of John Edmund Philipps Langharne, and of all other powers and authorities enabling him in that behalf, demised, leased, and to farm let, and John Walters, Thomas Beynon, and Charles Brigstocke, according to their respective estates and interests in the premises, granted, demised, and confirmed unto Benjamin Harries a certain farm called Cotts, in the parish of Hasguard, in the county of Pembroke, to hold unto Benjamin Harries, his executors, administrators, and assigns, from the day of the date thereof *for the natural lives of Thomas Harries and George Harries, sons of the lessee, [*217

and Martha Davies, and the life of the survivor of them (one or more of whom is still living), at the yearly rent of 1457. thereby reserved, payable half-yearly, on the 25th of March and 29th of September.

It appears by the last-mentioned lease that the said Benjamin Harries was in occupation of the premises when the lease was executed.

By lease and release, dated the 20th and 21st of November, 1840, the said Benjamin Harries assigned his lease to his son, Thomas Harries.

By deed of July 20th, 1852, the said Thomas Harries assigned the lease to John Arnold; and by indenture dated the 27th of February, 1857, Arnold granted an underlease of the tenement to Howell, by way of mortgage, and Howell entered as mortgagee. The mortgagor, C. B. N. S., VOL. XI.—10

Arnold, by the said deed became tenant to Howell; and Arnold underlet the land in question to the present plaintiff.

Copies of the deeds of March 25th, 1837, of 20th and 21st of November, 1840, of July 20th, 1852, and the 27th of February, 1857, and of the said deeds of 13th of January, 1832, and the 7th of August, 1832, were annexed to and were to be taken as part of the case.

On the 25th of September, 1857, John Arnold paid rent to the defendants or their agents, having been called upon so to do by a letter from Messrs. Ridgway & Co. dated the 14th of April, 1857.

The following correspondence took place between Messrs. Ridgway & Drake, the agents of the defendants, the said John Arnold, the assignee of the lease, and the other persons named, at the times the letters respectively purport to bear date. Mr. Greene mentioned in such correspondence was the annuitant *entitled to an annuity *218] of 501. charged upon the said tenement. "To Mr. John Arnold. "14th April 1857. "Sir,-In consequence of the death of Sir Godwin Langharne, the rent of your farm of Cotts will for the past half-year and in future be payable to his sisters, Miss Sarah and Miss Lilla Philipps Langharne, and, by their authority, to me. You will be kind enough to let me know what payments you have hitherto been accustomed to make out of your rent, because for the past half-year and in future you will not be troubled to make them, but will pay your full rent to me, and I will make the payments in question. I shall be obliged by your answer by return of post, as I leave for Haverfordwest in a few days.

"ALEXANDER RIDGWAY."

"Harmonston, April 17, 1857.

"Alexander Ridgway, Esq. "Sir,--In answer to your letter of the 14th instant, I beg to say I had no payments to make; but Mrs. Greene's annuities are paid from the other farms. I have paid Mrs. Greene in February last, an account of Michaelmas rent, 251. Also to Mr. Joseph Lewis 17. 58, late agent, by Mrs. Greene's request. I shall feel happy in doing as you request, hoping that you will allow me the same privileges as other landlords do, that is, Christmas and June to pay the rent.

"JOHN ARNOLD."

*219] "A. Ridgway, Esq.

*"Haverfordwest, April 17, 1857.

"My dear Sir, I enclose a draft on Messrs. Williams, Deacon & Co., for 147., balance of Mr. Arnold's rent for the Cotts Farm, as above. He has requested me to say that he is threatened (by Mr. Joseph Lewis) with a distress, in the event of his not paying Mrs. Greene her half-year's annuity on the 29th of September instant, and wishes to know whether he is to pay it or allow a distress to be put in. He will make no payment, except to avoid a distress, without your instructions, and trusts to receive the usual term of three months