IN CHAMBERS.

Coram Williams, J.

LOOKER AND ANOTHER V. MURPHY,

11th June.

NOTES OF CASES 6th July, 1889

land in question had been purchased by him personally out of his own moneys. The next step in the case material to the present application was the execution of a deed dated 3rd September, 1863, appointing one John McKenzie as a new trustee of the marriage settlement. This deed was executed by the defendant amongst others (as being one of the persons entitled to nominate a new trustee); in this deed the lands which form the subject of the present application, though not actually described, were implied and re

Application on behalf of the plaintiffs under Order XXXI r. 11 for further and better answers to certain interrogatories. The action had been instituted to recover possession of certain lands mentioned in the statement of claim. By an indenture of settlement dated the 14th April 1855 and executed on the marriage of the defendant a sum of £2000 (inter alia) was put in settlement with the direction that the trustees appointed by the deed should as soon as convenient invest the same in real securities. The trusts declared in the settlement were to pay the income arising from the trust premises to the defendant for life or until insolvency; on the death or insolvency of defendant, to pay the income to the wife with the usual trusts in favor of the children of the marriage. Shortly after the execution of the settlement, the sum of £2000 was, according to the statement of claim invested in the purchase of the land which formed the subject of the present action; this statement however was denied by the defendant who alleged that the

cordingly, the plaintiff, on the pleadings, contended that the defendant defendant was stopped from denying their title inasmuch as they represented John McKenzie. The last step in the proceedings, material to the present application, was the bankruptcy of the defendant on the 14th October, 1873; several examinations of the defendant were held in the matter of his insolvent estate and at these examinations he deposed to certain statements which were taken down in writing, and signed by him, and retained amongst the records of the insolvent court.

The interrogatories so far as material to the application were as follows:

1. Look at the copy Indenture of settlement dated 14th April, 1855 [being the document No. 16 in the 1st Schedule to whether or not it is a copy of the Indenture referred to in the your affidavit sworn herein on the 25th March, 1889] and state 1st paragraph of the Statement of Claim, if not how do you make out the contrary. Were you a party to the said Indenture and was not the same executed by all or which of the Indenture and in whose possession was it. parties thereto. When and where did you last see the said Have you any knowledge information or belief as to where and in whose possession it now is, and, if yea, set forth the particulars of such knowledge information and belief.

tember, 1863 referred to in the 10th paragraph of the State3. Look at the two Indentures dated the 2nd and 3rd Sepment of Claim, the originals of which shall be produced to you if required, and state whether or not the Indenture of the 3rd September, 1863, was executed by you and by all the other parties thereto or which of them, and whether or not the pieces or parcels of land in the said Indentures mentioned or some and which of them are the same pieces or parcels of land as