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2, Court of Bankruptcy, London, div.-John Fred. Cork and James Launcelot De Carle, New Bond-street, Middlesex, coach builders, March 24 at half-past 12, Court of Bankruptcy, London, div.-Thos. John Ashton, Pall-mall, Middlesex, tailor, March 24 at half-past 1, Court of Bankruptcy, London, div.—Richard Payne, Hatton-wall, Hatton-garden, Middlesex, brass-founder, March 24 at 2, Court of Bankruptcy, London, div.-John Evans, Liverpool, ironmonger, March 20 at 11, District Court of Bankruptcy, Liverpool, div.-John Parr, South-wharf-road, Paddington, Middlesex, coal-merchant, March 24 at 11, Court of Bankruptcy, London, div.James Cross, Bristol, provision merchant, March 24 at 11, District Court of Bankruptcy, Bristol, div.-Charles Brogden, Lincoln, bookseller, March 23 at 11, District Court of Bankruptcy, Leeds, first and fin. div.

CERTIFICATES.

To be allowed, unless Cause be shewn to the contrary on the
Day of Meeting.

JOHN SHIRT, Broad-st., Lambeth-butts, Surrey, grocer and cheesemonger, March 6 at half-past 1, and April 8 at 1, Court of Bankruptcy, London: Off. Ass. Bell; Sol. Pope, Raymond-buildings, Gray's Inn.-Fiat dated Feb. 26. JOHN WRIGHT, Tamworth, Staffordshire and Warwickshire, scrivener and banker, March 14 and April 18 at 11, District Court of Bankruptcy, Birmingham: Off. Ass. Bittleston; Sols. Thornewill, Burton-upon-Trent; Collis, Birmingham.-Fiat dated Feb. 20. ISSACHAR ROBERTS, Mold, Flintshire, grocer, tallow chandler, woolstapler, and banker, March 13 and April 17 at 11, District Court of Bankruptcy, Liverpool: Off. Ass. Turner; Sols. Ingleby, Mold; Edwards & Co., New Palace-yard, London. - Fiat dated Feb. 25. HENRY JOHN BARKER, Flixton, Lancashire, logwood and drug grinder, miller, dealer and chapman, March 13 and April 3 at 11, District Court of Bankruptcy, Manchester: Off. Ass. Hobson; Sols. Hitchcock & Co., Manchester; Johnson & Co., Temple.--Fiat dated Feb. 25. THOMAS PARNELL, Manchester, laceman, dealer and chapman, March 16 and April 1 at 12, District Court of Bankruptcy, Manchester: Off. Ass. Pott; Sols. J. and B. Whitworth, Manchester; Gregory & Co., 1, Bedford-row, London.-Fiat dated Feb. 23. GEORGE PERRY, Stroud, Gloucestershire, coach builder, dealer and chapman, March 12 at 12, and April 10 at 11, District Court of Bankruptcy, Bristol: Off. Ass. Miller; Sols. Paris, Stroud; Brisley, Pancras-lane, London.-Fiat dated Feb. 23. JOSEPH METFORD, Oldfield-lodge, Lyncombe and Widcome, Somersetshire, wine merchant, March 13 and April 10 at 12, District Court of Bankruptcy, Bristol: Off. Ass. Acraman; Sols. Lovibond & Co., Bridgwater; Bishop, Lincoln's-inn-fields, London.-Fiat dated Feb. 23. To be allowed by the Court of Review in Bankruptcy, unless JOHN GODFREY, Midsomer Norton, Somersetshire, linen Cause be shewn to the contrary on or before March 20. draper, March 13 and April 10 at 1, District Court of BankGeo. Donaldson, Pall-mall, St. James, Westminster, Midruptcy, Bristol: Off. Ass. Miller; Sol. Govett, Midsomer dlesex, watch maker.-Clarendon Hyde, Loughborough, LeiNorton; and 29, Upper North-place, Gray's-inn-road, cestershire, apothecary.―Jas. Reynolds, Fazakerley, near LiSAMUEL EVENS, Hilton-house, Blackrod, and Dicconson-verpool, cow keeper.-Wm. Ellary, Kidderminster, Worcesmill, Aspul, near Wigan, Lancashire, cotton spinner, Marchtershire, iron founder. Wm. Vickers, Carter-st., Walworth11 and April 6 at 12, District Court of Bankruptcy, Man-road, Surrey, bill broker.-Wm. H. Taylor, Piccadilly, Middlesex, stave manufacturer.-James Lee, Tadcaster, porter chester: Off. Ass. Fraser; Sols. Hitchcock & Co., Man- merchant. chester; Gregory & Co., Bedford-row, London. -Fiat dated Feb. 23.

London. -Fiat dated Feb. 21.

JOHN BROCK, Chester, innkeeper, dealer and chapman,
March 13 and April 14 at 11, District Court of Bankruptcy,
Liverpool: Off. Ass. Morgan; Sols. Cunnah, Chester;
Pocock & Co., Norfolk-street, Strand, London.-Fiat dated
Feb. 20.

JAMES CORRALL, Boston, Lincolnshire, ship owner, coal
and potato merchant, March 13 and April 14 at 12, District
Court of Bankruptcy, Birmingham: Off. Ass. Christie ;
Sols. Jabet, Birmingham; Hartley, Boston.-Fiat dated
Feb. 6.

MEETINGS.

Hen. Robinson, Copthall-chambers, Copthall-court, London, share broker, March 26 at 11, Court of Bankruptcy, London.-Thos. Brown, Connaught-terrace, Edgeware-road, Paddington, Middlesex, boot maker, March 24 at 1, Court of Bankruptcy, London.-John Littlewood, New Bond-street, St. George, Hanover-sq., Middlesex, hosier, March 21 at 12, Court of Bankruptcy, London.-Benj. Wood the younger, Leeds, Yorkshire, wine merchant, March 23 at 11, District Court of Bankruptcy, Leeds.-John Sier, Cheltenham, Gloucestershire, baker, March 20 at 1, District Court of Bankruptcy, Bristol.-Dan. Stanton, Bristol, grocer, March 30 at 11, District Court of Bankruptcy, Bristol.-George Osborn, Exeter, whip maker, March 26 at 1, District Court of Bankruptcy, Exeter.

FIATS ANNULLED,

William Carey, Leamington Priors, Warwickshire, hair dresser.-Phil. Phillips, Birmingham, steel pen maker.

SCOTCH SEQUESTRATIONS.

Wm. Hutten, Glasgow, power loom cloth manufacturer.Alex. Bain, Wick, merchant.-Hugh Campbell, Glasgow, wine merchant.-Andrew Corrie, Dalton, Dumfries, farmer.-Jas. Lesslie, Linlithgow, innkeeper.

INSOLVENT DEBTORS Who have filed their Petitions in the Court of Bankruptcy, and have obtained an Interim Order for Protection from

Process.

Daniel Stanton, Bristol, grocer, March 20 at 11, District Court of Bankruptcy, Bristol, pr. d.-Henry Gamble, Grim- Edw. Rudling, New Church-st., Lisson-grove, Middlesex, stone, Norfolk, grocer, March 13 at 2, Court of Bankruptcy, plumber, March 11 at 11, Court of Bankruptcy, London.London, last ex.-G. S. Neale, Portsea, Hampshire, inn-Jos. Simpson, Edmund's-place, Aldersgate-street, London, keeper, March 13 at half-past 1, Court of Bankruptcy, London, last ex.-Geo. Atkins, Liverpool, brewer, March 20 at 11, District Court of Bankruptcy, Liverpool, aud. ac.; March 24 at 11, div.-Thos. Turner, D. Brade, and Chas. Schwind, Liverpool, merchants, March 20 at 11, District Court of Bank ruptcy, Liverpool, aud. ac.-Wm. Perkins, St. Wollos, Monmouthshire, ship builder, March 24 at 12, District Court of Bankruptcy, Bristol, aud. ac.; March 26 at 11, div.-John Cadogan the younger, Brecon, hat warehouseman, March 26 at 12, District Court of Bankruptcy, Bristol, aud. ac.-John B. Gillett, Eccleshill, Bradford, Yorkshire, dyer, March 21 at 11, District Court of Bankruptcy, Leeds, aud. ac.; March 24 at 11, div.-Joseph Broadbent, Saddleworth, Yorkshire, woollen manufacturer, March 26 at 11, District Court of Bankruptcy, Leeds, aud. ac. - - G. W. Wentworth, Robert Chaloner, Thos. Rishworth, Thomas Risworth the younger, and John Hartley, York, bankers, March 23 at 11, District Court of Bankruptcy, Leeds, aud. ac.-Cornelius Stovin, Birmingham, coach proprietor, March 25 at 11, District Court of Bankruptcy, Birmingham, aud. ac.-Joseph Marriage the younger, Moulsham, Chelmsford, Essex, miller, March 20 at

out of employ, March 11 at 12, Court of Bankruptcy, London.-J. Brown, Parker's-row, Bermondsey, Surrey, builder, March 11 at 12, Court of Bankruptcy, London.-John Ladd the younger, Buckland, Kent, brewer, March 11 at 12, Court of Bankruptcy, London. --Hen. Jinks, Gloucester-st., Queensquare, St. Andrew's, Holborn, Middlesex, paper stainer, March 11 at 12, Court of Bankruptcy, London.-Timothy Fulker, Croydon, Surrey, grocer, March 18 at 11, Court of Bankruptcy, London.-Nath. Hailes, Upper Ebury-street, Pimlico, Middlesex, bookseller, March 11 at 12, Court of Bankruptcy, London.-David Davies, Park-villas, Hammersmith, Middlesex, assistant surgeon, March 5 at 11, Court of Bankruptcy, London.-Richard Liddington, Little London, Silverstone, Northamptonshire, timber dealer, March 3 at 11, Court of Bankruptcy, London.-William Davison, Whittle Furness, near Chester-le-street, Durham, mason, March 11 at 2, District Court of Bankruptcy, Newcastle-upon-Tyne.Jonothan Mercer, Birkenhead, Cheshire, plumber, March 10 at 11, District Court of Bankruptcy, Liverpool.-Thomas Hartley, Pudsey, Calverley, Yorkshire, cloth maker, March 3 at 11, District Court of Bankruptcy, Leeds.-Rich. Holmes,

Barldon, near Bradford, Yorkshire, butcher, March 3 at 11, District Court of Bankruptcy, Leeds.-Jos. Ibbotson, Hunslet, near Leeds, Yorkshire, stone mason, March 3 at 11, District Court of Bankruptcy, Leeds.-Henry Banks, Singlegrove East, Single-street, Mile-end-road, Middlesex, carpenter, March 10 at 11, Court of Bankruptcy, London.-John Hitching, Cornish-hall and Finchingfield, Essex, boot maker, March 10 at 11, Court of Bankruptcy, London.-S. Coleman the younger, Hatton-garden, Middlesex, electro plater, March 11 at 11, Court of Bankruptcy, London.-John M. Cluness, Stoke, Devonport, Devonshire, schoolmaster, March 11 at 11, District Court of Bankruptcy, Exeter.-Henry Chambers, Ashton-unde-Lyne, Lancashire, tailor, March 9 at 12, District Court of Bankruptcy, Manchester.-Wm. Wilson, Bedlington, Durham, blacksmith, March 19 at 11, District Court of Bankruptcy, Newcastle-upon-Tyne.-Thos. D. Brown, Liverpool, commission merchant, March 10 at 11, District Court of Bankruptcy, Liverpool.-Charles Watson, Kingston-uponHull, builder, and undertaker of funerals, March 4 at 11,

District Court of Bankruptcy, Leeds.-Thomas Broughton, Burnley, Lancashire, dealer in warps, March 13 at 1, District Court of Bankruptcy, Manchester.-Tho. Cronkshaw, Black

burn, Lancashire, labourer, March 13 at 12, District Court of Bankruptcy, Manchester.-Chas. Atkinson, Littlemoor, Glos

sop, Derbyshire, stone-cutter, March 13 at 1, District Court of Bankruptcy, Manchester.-Robert Smith, Cheltenham and Hucclecote, Gloucestershire, clerk, March 19 at 12, District Court of Bankruptcy, Bristol.-Sol. Slingo, Charter-house Hinton, Somersetshire, mason, March 19 at 11, District Court of Bankruptcy, Bristol.-Mary Ann Morris, Bath, Somersetshire, gentlewoman, March 20 at 12, District Court of Bankruptcy, Bristol.-John Price, St. George, Glamorganshire, sawyer, March 20 at 1, District Court of Bankruptcy, Bristol.

Wednesday, Feb. 25.

Orders have been made, vesting in the Provisional Assignee the Estates and Effects of the following Persons:—

(On their own Petitions).

George Tomlinson, Sidney-street,, City-road, Middlesex, carpenter: in the Debtors Prison for London and Middlesex. -Rich. Benj. Taylor, Bethnal-green-road, Middlesex, fancy trimming seller: in the Debtors Prison for London and Middless-Henry Wright, Clement's-lane, Strand, Middlesex, out of business in the Queen's Prison.-H. G. Camble Geary, Wellington-place, Blackfriars-road, Surrey, cheesemonger: in the Queen's Prison.-George Flynn, Kingsland-road, Middleser, out of business: in the Queen's Prison.-Robert Black, Queen-street, New-cut, Lambeth, Surrey, baker: in the Queen's Prison.-Archibald Allardyce, Garnault-place, Spafields, and New Norfolk-street, New North-road, Islington, Middlesex, baker: in the Queen's Prison.-Edwd. Adolphus J. Walsh, Grove-place, Brompton, Middlesex, attorney at law in the Debtors Prison for London and Middlesex.-Wm. Charlton Forbes, Sydenham, Kent, out of business: in the Queen's Prison.-J. Rutherford, Broadway, Queen's-square, Westminster, Middlesex, architectural draughtsman: in the Debtors Prison for London and Middlesex.-Wm. Burchett,

Philadelphia-place, Hackney-road, Middlesex, surgeon: in the Debtors Prison for London and Middlesex.-Wm. J. Potter, Sussex-street, University-street, Tottenham-court-road, Middlesex, out of business: in the Queen's Prison.-D. James, Bath-cottage, Addington-square, Camberwell, Surrey, commission agent for the sale of woollens: in the Gaol of Surrey. -J. Frederick Keeling, Diddington-place, Caledonian-road, Islington, Middlesex, clerk to a surveyor: in the Queen's Prison.-John G. Wm. Welch, Circus, Minories, London, attorney's clerk: in the Debtors Prison for London and Middlesex. (On Creditor's Petition).

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No. 478-VOL. X.

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The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and decided in the several Courts of Law and Equity:

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E. T. HOOD, Esq. of the Inner
Temple, Barrister at Law.

Inner Temple, Barrister at Law.

The Lord Chancellor's (E. T. HOOD, Esq. of the Inner
Court
1 Temple, Barrister at Law.

.....

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G. Y. ROBSON, Esq. of the Inner
Temple, Barrister at Law.
TENISON EDWARDS, Esq. of the
Inner Temple, and
CHARLES MARETT, Esq. of the
Inner Temple, Barristers at Law.
W. W. COOPER, Esq. of the Inner
Temple, Barrister at Law.

LONDON, MARCH 7, 1846.

THE case of Winterbottom v. Ingham (reported in one of our late Numbers, p. 4) deserves to be noticed here, as deciding a question of considerable importance, and, probably, of frequent occurrence.

The defendant had, in August, 1835, become the purchaser, by auction, of certain estates, for the sum of 17601., and had paid to the plaintiff, who was re-. ceiver under an order of the Court of Chancery, a deposit of 101. per cent. By the conditions of ale, the residue of the purchase-money was to be paid on the 24th June then next, and the purchaser was then to have actual possession, and, in default of payment of the residue of the purchase-money, was to pay interest on it from that day. About a fortnight after the sale the defendant was let into possessior by the plaintiff, without any stipulation as to the ' cerms of occupation, and, having refused to complete the purchase, a suit in Chancery was instituted, he result of which was, that, upon the Master reporting that the plaintiff could not make a good title, the, bill was dismissed.

been touched

+

The action was bror,ght for the, use and occupation of the premises from the time when the defendant was let into possession, until after the determination of the Chancery suit. Former case, in which the point had apon, and they were but few, afforded no decisive authority, an' it appeared to be the first time that ¡the question,, whether, under circumstances are mentioned above, a purchaser is liable to an ac tion for use and occupation, had required to be ressly decided.

such as

Exp

||Vice-Chancellor Wigram's [ F. FISHER, Esq. of Lincoln's
Inn, Barrister at Law.
Court

in Hearn v. Tomlin, (Peake's N. P. C. 192), Lord Kenyon had denied the liability; but there the occupation had occasioned loss, not benefit, to the defendant. in Kirtland v. Pounsett, (2 Taunt. 145), Mansfield, C. J., at the trial, at first inclined to think that the action VOL. X.

H

....

Court of Queen's Bench

Queen's Bench Bail Court

Court of Common Pleas,"
including

G.J. P.SMITH, Esq. of the Inner
Temple; and

A. V. KIRWAN, Esq. of Gray's
Inn, Barrister at Law.

D. POWER, Esq. of Lincoln's
Inn, Barrister at Law.

Appeals under Registra-
tion of Voters Act....
JW.M. BEST, Esq. of Gray's Inn,
Court of Exchequer....Barrister at Law.

Ecclesiastical and Admi- J J. P. DEANE, D.C.L. of Doctors'

ralty Courts

Court of Review

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1 Commons.

W.W.COOPER, Esq. of the Inner

{"Tempe, of the

might be supported; but, upon the ground, that, during all the defendant's occupation of the premises, the plaintif had been in possession of the purchase-money, of which he had made, or might have made, interest, he directed a nonsuit, which the court afterwards unanir nously held to be right, apparently for the above reason, though it is curious, that, at the conclusion of the judgment, we find stated the true principle, and that which was acted upon in the late case, viz. that a contract cannot arise by implication of law, under circumstances the occurrence of which neither of the parties ever had in their contemplation.

Hall v. Vaughan, (6 Price, 157), though the reasons by which the court justified the setting aside the nonsuit apparently afford an authority in favour of the liability, does not, in fact, involve the point now in In Howard v. Shaw, (8 Mee. & W. 118), discussion. the defendant was let into possession of premises, under a contract of purchase, which was not completed: having demanded back his deposit from the auctioneer, and being able to obtain only part, he kept possession of part of the premises, by way of indemnity against his loss, and retained it, without paying any rent, until served with a declaration in ejectment. The action was brought for use and occupation for the period after the contract was abandoned. The court held, that the defendant was liable. As a decision, this case is not applicable to the present; but the following re"While the demarks of two of the judges are so :fendant occupied under a valid contract for the sale of the property to him, he could not be considered as a tenant; the parties could not convert the contract for purchase into a contract of tenancy, nor, while the former was pending, into another of a different nature." Here it may be assumed that he (the defendant) entered into possession under the agreement for sale, which was to have been carried into effect by the conveyance. There

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was tenant at will."

TONv. HART, Term Rep. 652).

may be some difficulty in saying, that, while that agree- OBSERVATIONS ON THE DOCTRINE OF HARment existed, the relation of landlord and tenant subsisted between the parties; although this case differs in its circumstances from Kirtland v. Pounsett, because, here, a rent is charged upon the premises. I quite agree, Whiteway, V. C. Wigram, 20th Feb., 1846), which A question arose in a very recent case, (Brown v. however, that, while the agreement subsisted, the de- f will shortly be reported in our pages, whether, under a fendant was not bound to pay a compensation for the devise to trustees for various successive interests, some occupation of the land, because the contract shews that of which require the legal estate to be in the trustees, he was to occupy without compensation, and, so long as the cestuis que use, the legal estate can shift backwards and others permit of the legal estate being executed in it subsisted, he was entitled so to occupy, but still he and forwards, out of and into the trustees; or whether the legal freehold, if it is necessary that it should be in In this state of the authorities the action of Winter- the trustees at all, to support several equitable estates, bottom v. Ingham was brought; and Chief Justice Tin- separated by estates of which the legal estate might, if dal, before whom it was tried, being of opinion that the they stood alone, be in the cestuis que use, must remain action was not maintainable, directed a verdict for the that, though the legal estate may vest in trustees for any in them throughout. It was argued on the one side, defendant, reserving leave to the plaintiff to move to number of successive equitable estates, and then pass out enter a verdict for the amount which it was agreed was of them when all the estates of the remaining series are the value of the defendant's occupation. Upon the case of such a nature as to admit of the legal estate being in being brought before the Court of Queen's Bench, they the cestuis que use; yet, when once the legal estate has confirmed the decision of the Chief Justice. The plain- therefore, until all the interests necessarily equitable passed out of trustees, it cannot pass back to them, and, tiff's counsel had contended, that, the entry of the de- are exhausted, the legal estate must remain in the fendant having taken place before the purchase-money trustees. It was urged on the other side, that there is was paid, it could not be referable to the contract of no reason why, in such a case, the uses capable of being sale, with the terms of which it was inconsistent; and executed should not be executed, as they arise, in the that both the "entry and occupation must be referred cestuis que use, and be executed, during the intervening to a distinct contract, arising upon the ordinary impli-effect, than a devise to trustees to the use of themselves, equitable estates, in the trustees. That it is no more, in cation, and involving the ordinary consequences as to during a certain equitable estate, remainder to the use the payment of compensation." But the court said, of certain other persons for the duration of certain other "The more correct view of these facts seems to us to be, partial estates, remainder to the use of the trustees that the entry and possession were not upon an un- during other equitable estates, and so on; a series of derstanding that any compensation was to be limitations which, if created in terms, would unquesthe event which has arisen. tionably be good." The defendant certainly was considered, both by himself and the plaintiff, as purchaser, and not as tenant; and the plaintiff cannot convert him into an occupier, liable to pay for his occupation, by his own wrongful act in not completing the contract of sale. The jury have, indeed, found that the occupation was beneficial; but this statement is not without ambiguity: it may have been beneficial, supposing that he had actually become the owner, by making a fair return of profit on all his outlay; but it may also have been a very losing concern, on a balance struck between that outlay and the amount of the proceeds during the time of his actual holding. On the other hand, he may have expended as owner, in improvements, a sum much larger than a reasonable rent. How is this account to be taken, or

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this balance to be struck? A court of equity may have means for doing justice in this respect between the parties; our courts, certainly, have none. Therefore, though the true answer to Mr. Whitehurst's first two questions may be in the affirmative, admitting the defendant's occupation and the plaintiff's permission to occupy, a negative must be put on his third proposition, that the defendant promised to pay, because both parties understood that he made no such promise. Parties may easily secure themselves, by stipulating for the event of a non-completion of the purchase in their contract of sale and purchase."

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The case was decided on the authority of Harton v. Harton, (7 Term Rep. 652), which the Vice-Chan cellor thought not distinguishable from the principal case; and his Honor said, that he could not, on such a point, which was purely legal, overrule, upon demurrer, case decided at law.

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'n Harton v. Harton the devise was to trustees and their heirs, on trust to permit a feme coverte to take the re uts; remainder to the use of her first and other sons in tail; in default of such issue, upon trust to permit anot. her feme coverte to take the rents, remainder to the of her sons in tail, with divers other remainright heirs. ders over, a nd an ultimate remainder to the testator's edly to the sai The limitations, therefore, were undoubtne effect as in Brown v. Whiteway. It does not, howeve t, appear elear, from the opinion delivered by the Chi, of Justice, (Lord Kenyon), that the question whether the legal estate may pass and repass to it is quite clear that it was not raised in the argument and from the trustees was considered by the court, and of the counsel for the plaintifs. The question seems rather to have been, whether the 'egal estate could be in a feme coverte cestui que use for her life; and it seems to ed either t hat the legal estate was, of necessity, altogether in the trustees, or that the in the cestuis que use. For La w, for the whole series of limitations w. is a series o South v. Alleine, (Salk. 228), and said, t. only case like the principal case', on which build an argument in favour of the plaintiff. South v. Alleine, the only question was, whethe. coverte during her natural life, to be paid by his e vise of the rents and profits of real estate to a cutors into her own hands, without the intermeddli. of her husband, with a devise over of the lands, gave the feme coverte the lands; and it was held that she took the lands. This doctrine it was that the court overruled; and Lord Kenyon, C. J., said, "Whether

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