ENGLISH REPORTS/? IN LAW AND EQUITY: CONTAINING REPORTS OF CASES IN THE House of Lords, Privy Council, COURTS OF EQUITY AND COMMON LAW; AND IN THE Admiralty and Ecclesiastical Courts; INCLUDING ALSO CASES IN BANKRUPTCY AND CROWN CASES RESERVED. EDITED BY EDMUND H. BENNETT AND CHAUNCEY SMITH, COUNSELLORS AT LAW. VOLUME XIII. Containing Cases in all the Courts of Equity, during the year 1852. STANFORD LIBE. BOSTON: LITTLE, BROWN AND COMPANY. ང་་ Entered according to Act of Congress, in the year 1853, by LITTLE, BROWN AND COMPANY, In the Clerk's Office of the District Court of the District of Massachusetts. L 1320 APR 7 1930 RIVERSIDE, CAMBRIDGE: STEREOTYPED BY STONE AND SMART. NOTICE. THE Publishers of these Reports respectfully announce that the recent commencement of a new Semimonthly series of Reports in England, will enable them to make the Law and Equity Reports still more valuable, and to publish them with even greater promptness than heretofore. The new English series is issued under the name of "The Common Law and Equity Reports, in all the Courts ;" and the plan is nearly identical with that of the “English Law and Equity Reports." It is understood to have the approbation of all the English Judges. The English publishers, in their circular, say, that "these Reports will be published in Parts, at intervals of about fourteen days; and whenever the Reports, under either of the above heads, (Law and Equity,) extend to such a number of pages as to form a convenientsized volume, a separate title, with an Index of Cases and of the leading matters, will be supplied for such volume. Part No. II. will be published about the 16th of May." "The proprietors think it necessary to state that, although they do not assure the publication of a report of any particular case at any given time after its decision, they nevertheless guarantee that every case involving any point of importance shall be reported, and with despatch; and they further guarantee, that every case intended to be reported, which may have been determined at the rising of the Courts for the Long Vacation, shall be reported and published previous to the first day of the ensuing Michaelmas Term, so that the volume. for each year shall contain a report of every case worth recording, which shall have been determined during the legal year, (November to November.)" No more decisive testimony could be given to the convenience of the plan of the "English Law and Equity Reports," and its adaptation to the wants of the profession, than the adoption of a similar plan in England. We shall avail ourselves of the facility thus offered, to secure the best and earliest reports of the English Courts, and shall reprint the cases from this series as they appear, in connection with those from the Law Journal, and Jurist, and shall thus be able to publish all the cases of each legal year within two or three months from the close of the year, and in season for the United States Annual Digest. The Law and Equity Reports commence at Michaelmas (November) Term, 1850; and Volume 1st is in immediate succession to the 5 Exchequer Reports, by Welsby, Hurlstone, and Gordon, and 15 Queen's Bench Reports, (69 Eng. Com. Law Rep.) and 10 Common Bench Reports, (70 Eng. Com. Law Rep.) A few cases in Michaelmas Term, A. D. 1850, may be found in each of those volumes; but it was impossible to make our series commence with the termination of any particular volume of another series, which was not published when our series was commenced. Some cases in the 10 Common Bench Reports, were apparently decided in Michaelmas Term, 1850, which are not found in the Law and Eq. Reports. Such are, Doe d. Prior v. Ongley, p. 102, Spartali v. Benecke, p. 212, and others. All these cases were, in fact, decided at an earlier date, and were received by us more than two years since, but, on account of the time of their decision, were not inserted in our series. It would be inconsistent with the plan and present progress of our publication, to insert any such old cases now. Michaelmas Term is the beginning of a legal year; and our subscribers may rely with entire confidence upon receiving, in the Law and Equity Reports, every reported decision since that period, which is contained in any English series of Reports, of which we have about twenty. A slight change in the plan will be made hereafter. Vol. 13, and each future odd volume, will contain all Chancery cases. Vol. 14, and each future even volume, will contain only cases at Law. We are enabled to recommend this series of Reports with a confidence daily increased by the numerous flattering testimonials received from competent and disinterested readers. Boston, May, 1853. LITTLE, BROWN & COMPANY. JUDGES OF THE SEVERAL COURTS DURING THE PERIOD OF THE DECISIONS REPORTED IN THIS VOLUME. THE SEVERAL COURTS OF CHANCERY. Right Hon. Lord ST. LEONARDS, Lord High Chancellor. } Right Hon. Sir JOHN ROMILLY, Master of the Rolls. Right Hon. Sir GEORGE JAMES TURNER, Knt., Right Hon. Sir JAMES PARKER, Knt., Right Hon. Sir RICHARD T. Kindersley, QUEEN'S BENCH. Right Hon. LORD CAMPBELL, Lord Chief Justice. Sir JOHN TAYLOR COLERIDGE, Knt. Sir WILLIAM WIGHTMAN, Knt. Sir WILLIAM ERLE, Knt. Sir CHARLES CROMPTON, Knt. COMMON PLEAS. Lords Justices of The Court of Appeal. Vice-Chancellors. Right Hon. Sir JOHN JERVIS, Knt., Lord Chief Justice. Sir WILLIAM HENRY MAULE, Knt. Sir CRESSWELL CRESSWELL, Knt. Sir EDWARD VAUGHAN WILLIAMS, Knt. Sir THOMAS NOON TALFOURD, Knt. |