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![handle is hein.slavery/ssactsengr0293 and id is 1 raw text is: REPORTS of CASES ARGUED and -DETERMINED
in the COURT of EXCHEQUER; from
Michaelmas Term, 34 GEORGE III. to Trinity
Term, 35 GEORGE II., both inclusive. By
ALEXANDER ANSTRUTHER, Esq., of Lin-
coin's Inn, Barrister at Law. Second Edition.
Vol. II. London, 1817.
[343] CASES ARGUED AND DETERMINED IN THE COURT OF EXCHEQUER, IN
MICHAELMAS TERM, 34 GEORGE III.
NEWCOMB v. BURDON. Thursday, 7th November, 1793.-A. tenant for life, with
remainder to B. in tail, by fraud gets B.'s authority to levy a fine, he sells the
land and invests the purchase money in the funds, where it is clearly identified;
B. has no lien on this money against the other creditors of A.
Bill by the plaintiffs, the children of - Newcomb, deceased, against the
defendant, his widow and administratrix. At the hearing of the cause this day, it
appeared that an estate was given to the father for life, remainder to the plaintiffs
in tail as tenants in common. The father prevailed upon the plaintiffs, who were
illiterate and could not read, to sign an instrument, of which they did not know the
real nature, and under the authority of which he levied a fine of the premises in their
joint names. The money arising from this transaction he invested in the funds,
where it still (344] remained, and was clearly identified. There being a deficiency
of assets, the plaintiffs claimed a specific lien on this fund, considering the testator as
trustee thereof for them. The Court held clearly, that as the testator had obtained
their signatures to the fine fraudulently, he should be considered as a trustee to
the amount; but as no agreement had been made, so as to make this particular
fund answerable, it was to be considered as a general charge on the estate, not as a
specific lien.
Graham and Onslow for the plaintiffs; Burton, Plumer, and Scafe for the
defendant.
CUNNINGHAM V. WILLIAMS. 15th November.-One reported the highest bidder
compelled to complete his purchase.
A. B. was reported by the Master, the highest bidder on a sale before him, of
property in the cause. Having neglected to complete his purchase, it was moved by
Burton and Cooke, last term, to confirm the Master's report, in order to compel him
to complete his purchase. The Court hesitating as to the practice, the matter stood
over to this day, when Cooke stated two cases, Barker v. Ilolford, July 1793, and
Eggivton v. Flavel, November 1787, in Chancery, where biddings were compelled to
be completed; and that the practice in Chancery is to confirm the report, and then
if the purchaser is supposed to be responsible, to get an [345] order to inquire
whether the party can make out a good title, and if he can, to obtain an order upon
the purchaser to complete his purchase : but if the purchaser is unable to complete
Ex. Div. L-29 897](ViewImageLocal?handle=hein.slavery/ssactsengr0293&div=1&collection=&method=preview&ext=.png&size=3)