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![handle is hein.slavery/ssactsengr0635 and id is 1 raw text is: TOOKE V. ATKINS
[451] Case 422.--TOOKE versus SIR ROBERT ATKINS & Al'.
19 Aprilis [1687]. In Court, Lord Chancellor.
The plaintiff's mother being very intimate with the defendant Sir Robert Atkins,
and designing to make an advantage by the marriage of the plaintiff her son, who
was heir to a good estate, an agreement was made between the plaintiff's mother and
Sir Richard Atkins, whose daughter the plaintiff married, that Sir Richard should
pay £2000 for the use and benefit of the plaintiff's mother, and nothing of a portion
was paid or intended for the plaintiff ; and £1800 of this money having come to the
hands of the defendant Sir Robert Atkins, a trustee for Mrs. Tooke, unto whom or for
whose use the defendant Sir Robert had long since paid the same ; the plaintiff's bill
was to have this money answered and made good to him, he having no other portion
with his wife.
The defendants by answer insisted that this money was intended for the use and
benefit of the mother, and not for the plaintiff, and the writings seemed to import as
much ;. and the defendant's counsel insisted on the case of Greysly and Lother, in Hob.
Jo. 10, where it is adjudged to be a sufficient consideration to maintain an action that
the mother would give her consent to the marriage of her child : but Sir Richard
Atkins being examined in the cause, and in effect deposing that this money was intended
as a portion with his daughter, the Lord Chancellor decreed for the plaintiff, and that
in the first place the mother should pay as far as she was responsible, and Sir Robert
Atkins the residue ; but both to be liable to satisfy the moneys to the plaintiff.
[452] Case 423.-GLovER versus FAULKNER.
25 Aprilis [1687]. In Court, Lord Chancellor.
[1] Eq. Ca. Ab. 233, pl. 1, S. C.
Although it is an order of course to examine a defendant de bene esse saving just excep-
tions, yet when the cause is heard and it appears such defendant is a party interested,
it is proper to show cause against such an order before the witnesses be examined.
This cause having been heard and referred to an account, the plaintiff afterwards
moved to examine two of the defendants de bene esse, which was ordered, unless cause.
The defendant's counsel coming this day to shew cause, took this difference, that
although it was an order of course to examine a defendant de bene esse, saving
just exceptions; yet when the cause was open, and it appeared that the defendants
were parties interested, it was proper to shew cause against such an order before the
witnesses were examined; which difference was allowed to be well taken: but it
appearing that releases were given to the defendants, and the matter to be examined
to being only matter of account, the cause was disallowed. (Reg. Lib. 1686, A. fol.
648. Vide Harvey v. Montague, ante, 126. Callow v. Mime, Pre. Ch. 234. [Anon.
18 Ves. 517. Murray v. Shadwell, 2 V. & B. 401.])
Case 425.-WARDOUR & Ux' versus BERISFORD & Ux.
26 Aprilis [1687]. In Court, Lord Chancellor.
[1] Eq. Ca. Ab. 11, pl. 2, S, C.
An account touching a personal estate being decreed, the defendant endeavoured to
charge the plaintiff with a great debt due to the estate ; but defendant having opened
a bundle of papers relating to that demand, which had been sealed up, and left in
his hands, and altered them, so that it could not be known what papers might have
been taken out, the defendant's demand was for that reason disallowed.
The plaintiff and defendant having married two daughters of I. S. upon his decease
there were some loose papers, that concerned the account between the plaintiff and
his father-in-law, put up together in a bundle, and covered with a paper tied up with
a tape, and sealed by two'persons then present, and delivered to the defendant Berisford
579
I VERN. 4i52.](ViewImageLocal?handle=hein.slavery/ssactsengr0635&div=1&collection=&method=preview&ext=.png&size=3)