monger.-William Harris Spicer, Dudley, Worcestershire, and Wolverhampton, Staffordshire, hatter.

PARTNERSHIP DISSOLVed.

Mortimer, Shropshire, attornies-at-law and solicitors.
Samuel Phillips Southam and Adam P. Trow, Cleobury

PETITION ANNULLED.

William Morris, Ludlow, Shropshire, innkeeper.
SCOTCH SEQUESTRATIONS.

Geo. Finlay, Glasgow, wine merchant.—Alex. Ronaldson,
Wick, flesher.-Daniel M'Ewan, Glasgow, cabinet maker.-
George Lang, Baillieston, Lanarkshire, cattle dealer.

INSOLVENT DEBTORS

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

District Court of Bankruptcy, Sheffield, last ex.- -Wm. T. Ashfield, Church-street, Lambeth, Surrey, lithographic and copper-plate printer, April 25 at 12, Court of Bankruptcy, London, aud. ac.; May 2 at 11, div.-Daniel W. Lucas and Isaac Dods, Arthur-street West, London, flax merchants, May 5 at 12, Court of Bankruptcy, London, aud. ac.-Thomas Pye, Manor-street, Chelsea, Middlesex, sawyer, April 21 at 12, Court of Bankruptcy, London, aud. ac.-Thomas Nixon Kerr, Biggleswade and Southhill, Bedfordshire, miller, April 21 at 11, Court of Bankruptcy, London, aud. ac. —. -John Smith and James Smith, Brighton, Sussex, and King-street, Snow-hill, London, stationers, April 21 at 12, Court of Bankruptcy, London, aud. ac.-Edmund Spettigue and George Farrance, Chancery-lane, Middlesex, booksellers, April 21 at half-past 1, Court of Bankruptcy, London, aud. ac.- -Sampson Langdale, John Eyton, and Masta Joscelin Cooke, Newcastleupon-Tyne, merchants, May 2 at 11, District Court of Bank. ruptcy, Newcastle-upon-Tyne, aud. ac. sep. est. of John Mary Batters, Horfield, Gloucestershire, retailer of beer, Eyton, and aud. ac. and div. sep. est. of Sampson Langdale. May 18 at half-past 10, County Court of Gloucestershire, at -John M'Gibbon and Archibald Galbreath, Kingston-upon- Bristol.-Wm. Scammell, Bristol, fruiterer, May 18 at halfHull, merchants, May 3 at 12, District Court of Bankruptcy, past 10, County Court of Gloucestershire, at Bristol.-Samuel Kingston-upon-Hull, aud. ac.; at half-past 12, div.-James Randle, Bridgetown, Berry Pomeroy, Devonshire, assistant Cowderoy, Hammersmith, Middlesex, omnibus proprietor, draper, April 27 at 11, County Court of Devonshire, at Totnes. May 2 at 1, Court of Bankruptcy, London, div.-J. Turner, John Symons, Jump, Bickleigh, Devonshire, mason, May Uckfield, Sussex, grocer, May 2 at 11, Court of Bankruptcy, 31 at 11, County Court of Devonshire, at East Stonehouse.London, div.-Samuel G. M. Scowen, Wood-street, Cheap- Thomas Hopkins, Southampton, publican, April 20 at 10, side, London, warehouseman, May 2 at 2, Court of Bank- County Court of Hampshire, at Southampton.-John Roberts, ruptcy, London, div.-Robert W. Wright, Charles Davy, Wrexham, Denbighshire, grocer, April 25 at 10, County Court and Jacob Dixon, Devonshire-street, Queen-square, Blooms- of Denbighshire, at Wrexham.-John Ratcliffe, Bury, Lancabury, Middlesex, goldsmiths, May 9 at 11, Court of Bank- shire, tailor, May 3 at 11, County Court of Lancashire, at Bury. ruptcy, London, fin. div. sep. est. of Charles Davy.-William Wm. W. Jones, Machynlleth, Montgomeryshire, attorneyCharlton, Basingstoke, Southampton, grocer, May 9 at 12, at-law, May 15 at 10, County Court of Montgomeryshire, at Court of Bankruptcy, London, div.-Osborn Engall Teasel, Machynlleth.-Charles Goddard, Greasbrough, Yorkshire, Norwich, timber merchant and sawyer, May 9 at 11, Court grocer, April 28 at 12, County Court of Yorkshire, at Rotherof Bankruptcy, London, div.-Henry Chown, St. Swithin's- ham.-Thomas Heath, Bentley, Staffordshire, beer-house lane, London, and Croydon, Surrey, wine merchant, May keeper, April 22 at 10, County Court of Staffordshire, at 12 at 11, Court of Bankruptcy, London, div.-John Til- Walsall.-Wm. Thurley, Royston, Cambridgeshire, grocer, bury the younger, Gloucester-place, New-road, Middlesex, April 21 at 12, County Court of Hertfordshire, at Royston.coachmaker, May 5 at 11, Court of Bankruptcy, London, div. John Towns, Manchester, provision dealer, May 1 at 12, -John Tate, Darlington, Durham, iron merchant, May 3 at County Court of Lancashire, at Manchester.-Thomas A. P. 11, District Court of Bankruptcy, Newcastle-upon-Tyne, fin. Giles, Park-street, Forton-road, near Gosport, Hampshire, div.-Henry Shead, Witham, Essex, miller, May 5 at 11, clerk on board her Majesty's convict hulk Stirling Castle, Court of Bankruptcy, London, aud. ac. Gosport, May 6 at 11, County Court of Hampshire, at Portsmouth.

CERTIFICATES.

To be allowed, unless Cause be shewn to the contrary on or The following Persons, who, on their several Petitions filed in

before the Day of Meeting.

the Court, have obtained Interim Orders for Protection from Process, are required to appear in Court as hereinafter mentioned, at the Court-house, in Portugal-street, Lincoln's Inn, as follows, to be examined and dealt with according to the Statute :

April 26 at 10, before Mr. Commissioner MURPHY. James East, Newgate-market, London, poultry salesman. Middlesex, cook.-John F. Sharman, Warwick-street, Belgrave-road, Pimlico, Middlesex, upholsterer.-R. Connor, Church-street, Hackney, Middlesex, furniture dealer.-James Austen, Poplar-row, New Kent-road, Surrey, coachman.-C. T. Butterfield, Barking, Essex, fisherman.-H. Pimm, Francisstreet, Westminster-road, Lambeth, Surrey, chandler-shop keeper.-E. B. Breton, Whitehead's-grove, Brompton, Middlesex, superannuated clerk of the Metropolitan Police Force. -Thomas Barrett, Uxbridge Moor, Hillingdon, Middlesex, wharfinger.-John Foster, Hurdle-street, Wellington-street, Shacklewell, Middlesex, carpenter.

Wm. Hollis Frearson, Wood-street, Cheapside, London, and West Ham, Essex, sewing-cotton manufacturer, May 3 at half-past 2, Court of Bankruptcy, London.-George Coode, Victoria-street, Westminster, Middlesex, patent irrigator, May 3 at half-past 1, Court of Bankruptcy, London.- Claudius Alfred Scrivener, Old Change, London, milliner, May 3 at 2, Court of Bankruptcy, London.-Jacob Stone, Little Moor--Harry Guerin, Jermyn-street, St. James's, Westminster, fields, London, coachmaker, May 2 at 12, Court of Bankruptcy, London.-Robert Bishop, Vere-street, Oxford-street, Middlesex, hotel keeper, May 5 at 12, Court of Bankruptcy, London.-Henry Shead, Witham, Essex, miller, May 5 at 11, Court of Bankruptcy, London.-Wm. Birkett, Manningham, Bradford, Yorkshire, soap manufacturer, May 30 at 11, District Court of Bankruptcy, Leeds.-C. Bowe Palmer, Newport, Monmouthshire, porter merchant, May 5 at 12, District Court of Bankruptcy, Bristol.-Sampson Langdale, J. Eyton, and Masta J. Cooke, Newcastle-upon-Tyne, merchants, May 3 at half-past 11, District Court of Bankruptcy, Newcastleupon-Tyne.-Joseph Ellis, Ardwick, near Manchester, joiner, May 5 at 12, District Court of Bankruptcy, Manchester.-J. Ashworth, Litchurch, near Derby, hotel keeper, May 5 at 10, District Court of Bankruptcy, Nottingham.-S. Bartholomew, Birmingham, licensed victualler, May 6 at 10, District Court of Bankruptcy, Birmingham.

April 27 at 11, before Mr. Commissioner PHILlips. Francis Pegg Payne, Long-acre, Middlesex, coach fringe weaver.-Charles Cook, South-street, King's-road, Chelsea, Middlesex, out of business.-Robert J. Bugg, Key's-terrace, Greatchurch-lane, Hammersmith, Middlesex, carpenter.-C. Kersting, Pultney-terrace, Barnsbury-road, Islington, MidTo be granted, unless an Appeal be duly entered. dlesex, compositor.-Samuel Arundel, Elizabeth-place, AnnWm. Charlton, Basingstoke, Southampton, grocer.-Henry street, Globe-fields, Mile-end, Middlesex, cabinet maker.-T. Green, Stoke-by-Nayland, Suffolk, baker.-John Smith and Arundel, Elizabeth-place, Ann-street, Globe-fields, Mile-end, James Smith, Brighton, Sussex, and King-street, Snow-hill, Middlesex, cabinet maker.-J. Tompkins, John-street, HolLondon, stationers.-Thomas Lamb Atkinson, Wood-street, land-street, Blackfriars-road, Surrey, wood turner.-J. Head, London, linen warehouseman.-Geo. Collier, Landport, near Blackmoor-street, Drury-lane, Middlesex, publican.- Charles Portsea, Southampton, draper.-Thomas Lett, College-street, Dugard, Woodland-street, Dalston, Middlesex, commission Camden-town, Middlesex, builder.- Mackinsey Bowell, Man- agent. Martha Neville, Francis-street, Tottenham-courtchester, publican.-Geo. Warhurst, Leigh, Lancashire, iron-road, Middlesex, tailor.

Saturday, April 8.

halgh, Manchester, out of business: in the Gaol of Lancaster. Assignees have been appointed in the following Cases. Fur--Emanuel Peter Downs, Haughton, near Manchester, surther particulars may be learned at the Office, in Portugalstreet, Lincoln's-inn-fields, on giving the Number of the Case.

geon: in the Gaol of Lancaster.-Thomas Jones, Liverpool, painter: in the Gaol of Lancaster.-John Bromley, Man chester, cowkeeper: in the Gaol of Lancaster.-Edmund Taylor, Rochdale, Lancashire, cotton waste spinner: in the Gaol of Lancaster.-Solomon Hart, Portsea, Southampton, clothier:

James Greenwood, Springhead, near Keighley, Yorkshire, out of business, No. 77,451 C.; John Appleyard and John Sutcliffe, assignees.-Wm. C. Greenwood, Springhead, Keigh-in the Gaol of Winchester. ley, Yorkshire, farmer, No. 77,454 C.; John Appleyard and John Sutcliffe, assignees.—Ann James, Tiddenham, Gloucestershire, in no business, No. 72,837 C.; Samuel Sturgis, new assignee; Joseph Gibbs Duffett, late assignee, removed.—John Wormald, Manchester, packer, No. 77,554 C.; Edward J. Hughes, assignee.

Saturday, April 8.

Orders have been made, vesting in the Provisional Assignee
the Estates and Effects of the following Persons:—
(On their own Petitions).

The following Prisoners are ordered to be brought up before the Court, in Portugal-street, to be examined and dealt with according to the Statute:

April 25 at 10, before Mr. Commissioner MURPHY. Thomas Baughan, Catherine-st., Commercial-road East, Middlesex, cooper.-George Cluer Gwynn, Old-street-road, Shoreditch, Middlesex, licensed dealer in beer.-W. Wright, Frederick-st., Gray's-inn-road, Middlesex, working engraver.

-Charles Cole, Upper Eaton-st., Pimlico, Middlesex, waiter, waiter.-John Brinkworth, Albert-terrace, Bishop's-road, -Albert Rowsell, Upper Eaton-street, Pimlico, Middlesex, Paddington, Middlesex, auctioneer's clerk.

April 26 at 10, before the CHIEF COMMISSIONER. Wm. Daniel Lovell, White Lion-st., Clerkenwell, Middlesex, goldbeater.-Wm. Grey Rea, Wyndham-place, Bryanstone-square, Middlesex, wine merchant.-William Jubber Spurrier, Maddox-street and Burlington-mews, Regent-st., Middlesex, wine merchant.-John Peter Brust, Royal-street, Royal-road, near Kennington-common, Surrey, out of business.-Thomas Gibson, Wellington-place, Park-road, New Peckham, Old Kent-road, Surrey, grocer.-Robert Andrews, Angel-alley, Little Moorfields, London, livery-stable keeper and job master.

The following Persons, who were ordered to be brought up before the CHIEF COMMISSIONER on April 26, at the Courthouse, Portugal-street, Lincoln's-inn, to be dealt with according to the Statute, will not be heard on their Petitions on that Day, but on April 27 at 10 precisely :—

John C. Trotter, Sloane-terrace, Sloane-street, Chelsea, Middlesex, in no business: in the Queen's Prison.-Thomas B. Linsey, Lee-street, Kingsland-road, Middlesex, out of employ in the Queen's Prison.-Thomas Bristow, Wardourstreet, Soho, Middlesex, dairyman: in the Queen's Prison.Thomas Davis, Princes-street, Bedford-row, Middlesex, milkman: in the Debtors Prison for London and Middlesex.-T. Fisher the elder, Gower-street, Bedford-square, Middlesex, pianoforte maker: in the Debtors Prison for London and Middlesex.—James Brown, Wellington-plaee, St. George's-inthe-East, Middlesex, out of business: in the Debtors Prison for London and Middlesex.-Wm. Rolfe, Kennington-green, Surrey, baker: in the Gaol of Surrey.-George Kitchen, Greville-street, Hatton-garden, Middlesex, cheesemonger: in the Queen's Prison.-L. E. Prescott, Oak-place, Battersea, Surrey, in no business: in the Queen's Prison.-C. B. Baird, Clifton-street, Finsbury, Middlesex, out of business: in the Debtors Prison for London and Middlesex.-J. W. Davies, Grove-place, St. John's-wood, Middlesex, furniture broker: in the Debtors Prison for London and Middlesex-Thomas Green, Parker-street, Drury-lane, Middlesex, greengrocer : in the Debtors Prison for London and Middlesex.-E. Powell, York-place, Portman-square, Middlesex, in no business: in the Debtors Prison for London and Middlesex.-Thomas Kinner, New Inn, Old Bailey, London, general carriers' agent : in the Debtors Prison for London and Middlesex.-William Arton, Upper Park-street, Liverpool-road, Islington, Middlesex, commission agent: in the Queen's Prison.-Joseph Bland, Stone-hill, Long-cross, Chertsey, Surrey, not in any business:-George Lilley. in the Gaol of Surrey.-W. Griffiths, Gloucester-road, Camberwell, Surrey, maltster: in the Debtors Prison for London and Middlesex.-Edward Burnand, Petersfield, Southampton, grocer: in the Gaol of Winchester.-Wm. Plant, Dresden, near Longton, Staffordshire, out of business: in the Gaol of Stafford. Samuel Townsend, Hawksclough, near Hebdenbridge, near Halifax, Yorkshire, dyer of cotton cloths: in the Gaol of York.-Enoch Haller, Kingston-upon-Hull, shipping clerk: in the Gaol of Kingston-upon-Hull.-Hugh Fulton, Rusholme, near Manchester, out of business: in the Gaol of Lancaster.-John Skerratt, Worcester, out of business: in the Gaol of Worcester.-Joseph Charlesworth, Ardwick, Manchester, fruiterer and greengrocer in the Gaol of Lancaster. John Preston, Blackburn, Lancashire, cut looker: in the Gaol of Lancaster.-Wm. Cameron, Newcastle-uponTyne, confectioner: in the Gaol of Newcastle-upon-Tyne.William Radcliffe, Oldham, Lancashire, assistant to a woollen At the County Court of Bedfordshire, at BEDFORD, April 29

rag dealer: in the Gaol of Lancaster.-James Vincett, Northfleet, Kent, baker's foreman in the Gaol of Maidstone.-W. Humphryes, Gravesend, Kent, licensed victualler: in the Gaol of Maidstone.-John Cowdell, Oswestry, Shropshire, bookseller in the Gaol of Shrewsbury.-John Hall, Gilesgate, Durham, out of business: in the Gaol of Durham.-Thomas Billington, Preston, Lancashire, out of business: in the Gaol of Lancaster.-James Wilson, Blackburn, Lancashire, fishmonger: in the Gaol of Lancaster.-Robert Leyland, Chorley, Lancashire, joiner: in the Gaol of Lancaster.-Thomas Cunliffe, Leyland, near Preston, Lancashire, out of business: in the Gaol of Lancaster.-James Spencer, Salford, Clitheroe, Lancashire, out of business: in the Gaol of Lancaster.-Jos. Bridge, Preston, Lancashire, provision-shop keeper: in the Gaol of Lancaster.-Jesse Lee, Brickfield, near Bacup, Lancashire, stonemason: in the Gaol of Lancaster.-Thos. Green

|

William Daniel Lovell, (sued as W. D. Lovell).— William
Grey Rea, (sued as W. G. Rea, and as William Gray Rea).-
William Jubber Spurrier.-John Peter Brust, (sued as
John Brust).-Thomas Gibson.—Robert Andrews.
Adjourned:-Robert Broad.
Remanet:-William Brock Wild.

Final Orders:-James Forrest.-George Frost the younger.

The following Prisoners are ordered to be brought up before
a Judge of the County Court, to be examined and dealt
with according to the Statute :—

At the County Court of Shropshire, at SHREWSBURY,
April 25 at 10.

John Cowdell, Oswestry, bookbinder.

At the County Court of Gloucestershire, at BRISTOL,
April 27 at half-past 10.

H. Pool, Weston-super-Mare, mason.-Richard Parker,
Bath, wharfinger.

At the County Court of Buckinghamshire, at AYLESBURY,
April 27 at 1.

James Howard, Newport Pagnell, licensed victualler.

at 10.

John Ladkin, Pertenhall, farm bailiff.

INSOLVENT DEBTORS' DIVIDENDS. Joseph Philip Press, Church-street, Hackney, Middlesex, draper: 28. 4d. (making 98. 3d.) in the pound.-Jas. Woolfall, Blackburn, Lancashire, plumber: 18. Od. in the pound. - Wm. Ling Hicks, Cretingham, near Debenham, Suffolk, farmer: 58. 4d. in the pound.-Edward Reid, Rose Cottage, Junction-road, Upper Holloway, Middlesex, second clerk of entries in the Chancery Report Office: 48. 4d. in the pound. Frederick A. Simpson, Euston-square, Middlesex, master mariner: 104d. in the pound.-James Hubbard, Foxes'-lane, Shadwell, Middlesex, broom maker: 18. 4d. in the pound.

Apply at the Provisional Assignees' Office, Portugal-street, Lincoln's-inn-fields, London, between the hours of 11 and 1.

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NAMES OF THE CASES REPORTED IN THIS NUMBER. COURT OF CHANCERY.

Watlington v. Waldron.-(Will, Construction of

mises. In Gott v. Gandy, (supra), on its being said by counsel, that there being no agreement on the part of the tenant to repair, the landlord would have been liable to a passer-by injured by the falling of a chimney, &c., Lord Campbell, C. J., asked, "Has that ever been decided?" The doctrine of liability of owners of fixed property for injuries to others was much considered in Reedie v. The London and North-western Railway Company, (4 Exch. 244).

whom the duty to repair the premises is cast is liable Upon principle, it would seem that the party on to third persons for an injury caused by non-repairthat is, the party who has expressly agreed to repair them; and in the absence of any agreement, the owner of the property would probably be liable, it being a burthen incident to property that it should be kept in a safe condition as regards the public; and as the person injured has no means of knowing whether the tenant had agreed to repair or not, his remedy in all cases probably would be against the owner, who, if he had bound his tenant to repair, could enforce such liability against him. It may be said, if the owner is liable to a third party for injury thus caused, why should he not be liable to the tenant? The distinction, however, is obvious, as tenants have an opportunity of inquiring into the state of the premises, and need not become tenants unless they are satisfied to take the risk. (See remarks of the Court in Gott v. Gandy, supra, and in Seymour v. Maddox, 16 Q. B. 326; 15 Jur., part 1, p. 723).

during the term, appears to be vexata quæstio. (Pitman v. Woodbury, 3 Exch. 4, 13; Cooch v. Goodman, 2 Q. B. 580, 599). The Court of Exchequer, in Pitman v. Woodbury, seemed to be of opinion that in such a case, the term itself not being created, the covenant dependent on such term was void altogether. (See also to this effect Swatman v. Ambler, 22 L. J., Ex., 81). Seventhly, as to the extent of liability upon an express agreement to repair, the age and class of the premises may be taken into estimation. (Paine v. Haine, 16 M. & W. 541). Under an agreement to keep and to deliver up the premises in good repair, the tenant must put them into good repair, and is not justified in keeping them in bad repair because he found them in that condition; (Ib.); and if the agreement be unconditional, he must rebuild them, even if the premises be destroyed by fire or other accident. If a tenant refuse to repair according to his agreement, and his landlord who is himself a lessee, and bound, under pain of forfeiture, to keep them in repair-enter and repair them, the measure of damages is the sum necessarily expended in putting them into repair, and not the costs of an action brought by the ground landlord against the mesne landlord for non-repair, unless the underlease contain a covenant to indemnify. (Logan v. Hall, 4 C. B. 598; Colley v. Streeton, 2 B. & Cr. 273). In an action by a lessee against an assignee of premises for non-repair, it appeared that the plaintiff in 1843 assigned the lease to the defendant; that in October, 1851, the defendant assigned to one T.; that in June, 1852, T. assigned to H. Evidence was given for the plaintiff, that when H. held the lease the premises were out of repair, and T. stated he put the premises in no better state than when he received them from the defendant. No further evidence was given, and the defendant was not called as a witness. It was held that the judge was right in directing the jury to give sub-reparations, to which the lessee is bound, if there be stantial damages, and that the jury were warranted in presuming that the dilapidations took place during the time that the defendant held the lease. (Smith v. Peat, 9 Exch. 161). Parke, B., referred to Lord Holt's opinion, that the measure of damages was the amount it would require to put the premises into repair, but said that view had been departed from, and that Coleridge, J., had ruled that the amount of damages was the amount of injury done to the possession by the premises being out of repair. Martin, B., said, "In my opinion the measure of damages is the loss the landlord would undergo if he sold his reversion in the

market."

Eighthly, a covenant to repair runs with the land, so as to bind the assignee of the land or the reversioner, (Martyn v. Clue, 22 L. J., Q. B., 147, where the question, as to allowance of timber being a condition precedent under the terms of the lease, was also considered), provided it is contained in an instrument under seal, but otherwise not. (Standen v. Christmas, 10 Q. B. 135). In the latter case, the party to the agreement may sue the other party to it for non-repair, though the former may have assigned the reversion. (Bickford v. Parson, 5 C. B. 920).

French law upon the subject of repairs as between It is not out of place to state briefly the rules of the landlord and tenant. In the Code Civil, b. 3, tit. 8, arts. 1719, 1720, 1754-1756, it is declared that "the lessor is bound by the nature of the contract, and without the necessity of any particular stipulation, to maintain the thing demised in a state fit for the purpose. for which it was taken. The lessor is bound to deliver the thing in a state of complete repair. He must make in it, during the continuance of the lease, all the reparations which may become necessary, other than tenant's repairs. Tenant's repairs, or ordinary

no agreement to the contrary, are those marked out as such by the usage of places; and, among others, the reparations to be made are-to hearths, chimney-backs, jambs, and chimney-pieces; to the plastering of the bottom of the walls of apartments, and other places of habitation, to the height of a metre; to the pavement of chambers, when some of it only is broken; to glass, unless it be broken by hail, or other extraordinary accidents, or superior force, for which the tenant shall not be responsible; to doors, casements, bars or shutters of shops, hinges, window-bolts, and locks. None of the reparations deemed to belong to tenants are chargeable on lessees when they are only occasioned by age or charges of the lessor, if there be no agreement to the superior force. The cleansing of wells and privies are contrary."

A WIFE'S EQUITY AGAINST HER HUSBAND'S
ASSIGNEE FOR VALUE.

IN Tidd v.

V. C., decided, according to the learned reporter's marLister, (10 Hare, 140), Sir G. J. Turner, ginal note, that a married woman, whose husband does not maintain her, is not entitled, as against a particular assignee of the husband, to maintenance out of the income of the real and personal estate to which she was entitled in equity for her life; or, (as the marginal note proceeds to state), "as against purchasers from the hus band of the life interest of the wife, equity will follow Ninthly, an important question, not finally settled, the law which gives to the husband the power of dealis the liability of a landlord or his tenant for an injury ing with the income of his wife's property, and will not caused to a third person by want of repair of the pre-put in force the rule, that he who comes into equity