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The Courts of Chancery, King's Bench, and Common Pleas,

FROM MICHAELMAS TERM 1824, TO TRINITY TERM 1825,

BOTH INCLUSIVE ;)

AND ALSO

REPORTS OF CASES IN THE COURT OF COMMON PLEAS

FOR TRINITY TERM 1824.

VOL. III.

LONDON:
Printed by James Holmes, 4, Took's Court, Chancery Lane,
FOR J. W. PAGET, 5, QUALITY COURT, CHANCERY LANE.

MDCCCXXV.

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1. Reports of Cases in the Courts of Equity. 2. Reports of Cases in the Court of King's Bench. 3. Reports of Cases in the Court of Common Pleas.' 4. Reports of Cases in the Ecclesiastical and Admiralty Courts. 5. A Digest of all the Reports in every Court of Justice in the Kingdom. 6. An Annual Supplement to Burn's Justice. 7. An Abridgment of every Act of Parliament immediately after it has passed. 8. Law Tracts.

1825.

IN THE COURTS OF EQUITY.
Earl Eldon, Lord High Chancellor.
The Right Hon. Lord GIFFORD, Master of the Rolls.
Sir John Leach, Knt. Vice Chancellor.

IN THE COURT OF KING'S BENCH.
The Right Hon. Sir CHARLES ABBOTT, Knt. Lord Chief Justice.
The Hon. Sir John BAYLEY, Knt.
The Hon. Sir GEORGE SOWLEY HOLROYD, Knt.
The Hon. Sir Joseph LITTLEDALE, Knt.

IN THE COURT OF COMMON PLEAS.
The Right Hon. Sir William Draper Best, Knt. Lord Chief Justice.
The Hon. Sir James Allan Park, Knt.
The Hon. Sir JAMES BURROUGH, Knt.
The Hon. Sir STEPHEN GASELEE, Knt.

IN THE COURT OF EXCHEQUER.
The Right Hon. Sir WILLIAM ALEXANDER, Knt.
The Hon. Sir ROBERT GRAHAM, Knt.
The Hon. Sir William Garrow, Knt.
The Hon. Sir John Hullock, Knt.

IN THE ECCLESIASTICAL COURTS. The Right Hon. Sir John NICHOLL, Knt. Official Principal of the Arches Court of Can

terbury, Judge of the Prerogative Court and the Court of Peculiars of Canterbury. The Right Hon. Lord Stowell, Judge of the High Court of Admiralty of England. The Right Hon. Sir Christopher Robinson, Knt. Chancellor of the Diocese of London.

Sir John SINGLETON Copley, Knt. Attorney General.
Sir Charles WeThereLL, Knt. Solicitor General.

CASES ARGUED AND DETERMINED

IN THE

COURT OF CHANCERY :

COMMENCING IN THE

SITTINGS

BEFORE

MICHAELMAS TERM, 1824.

Nov. 2. PLUNKETT V. CAVENDISH.

A reversioner files a bill against a defendant, who claims under a recovery suffered by a prior tenant in tail, and charges, that, if any recovery was suffered, the uses of it were so declared, that under them the plaintiff had title, and that so it would appear, if the defendant would produce the

le documents in his possession: Held, that a plea of the recovery suffered, and of the deed leading the uses of it, was good, though not supported by any answer deny. ing the above-mentioned charges.

Sir William Lowther, by his will, dated the 7th of April 1755, devised certain premises to the Duke of Devonshire and the Marquis of Hartington, and their heirs, to the use (upon the failure of his own issue) of Edward Wilson and Thomas Wilson, during the term of 200 years, upon certain trusts; then to the use of Catherine Low. ther, for her life; afterwards, to the use of Lord George Cavendish, for his life, with out impeachment of waste; remainder to his first and every other son successively in tail male; in default of such issue, to the use of Lord Frederick Cavendish, for his

life, with remainder to his first and other sons, successively, in tail male; in default of such issue, to the use of Lord John Cavendish, and the heirs-inale of his body; and in default of such issue, to his, the testator's, own right heirs.

The testator died in 1756, leaving no issue; and in 1764, Catherine Lowther died. Lord George Cavendish died in 1794, Lord John Cavendish in 1795, and Lord Frederick Cavendish in 1803. None of these devisees left any son them surviving : but Lord John Cavendish made a will, by which he devised all his hereditaments in the counties of Northampton, York and Lancaster, to Lord George Henry Cavendish, who, claiming, as it was alleged, under that devise, entered, upon the death of Lord Frederick, into the premises in question, and had ever since been in possession of them, and of all deeds and documents relating to the same.

The plaintiff, after setting forth these circumstances, stated, that she was heire at-law of the testator ; that, upon the death of Lord Frederick Cavendish in 1803, the ultimate limitation to the testator's right heirs took effect, under which she became entitled; but that she had only lately

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