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![handle is hein.slavery/ssactsengr0687 and id is 1 raw text is: 44IAMERTON V. ROGERS
Lowton, 5 Ves. 12, n. Ex parte Bennet and Dolman, Ex parle Sterne, Ex parte
Hodges, 6 Ves. 116, 156, 576. Ex parte Frith, 8 Ves. 609. Baynes v. Baynes,
9 Ves. 462 ; 3 Ves. & Bea. 11.
[513] HAMERTON V. ROGERS. July 7th, 1792.
Bond not to be tacked to a mortgage against creditors. Costs given.
A bill of foreclosure was dismissed with costs, so far as it sought to tack a bond to a
mortgage against creditors.
Mr. Lloyd, for the Plaintiff, did not argue it ; and said, it was determined by Lord
Thurlow, Lowthian v. Hasel, 3 Bro. C. C. 162.
Lord Commissioner Eyre said, it was a clear settled principle, that against creditors
it could not be tacked. (Jackson v. Langford, 2 Ves. [sen.] 662. See 2 Ves. jun. 372,
in Jones v. Smith. Adams v. Claxton, 6 Ves. 226. Ex parte Knott, 11 Ves. 609.)
MASTER V. FULLER. July 7th, 1792.
[Referred to, Murray v. Barlee, 1834, 3 My. & K. 223.]
4 Bro. C. C. 19.-Agreement by wife without knowledge of husband to pay additional
rent out of her separate property good.
Fuller let a house to Master at the rent of £20 per annum. After the death of
Mrs. Master her husband filed the bill, charging that by a secret agreement between
Fuller and her she had paid him £18 per annum more in respect of the house out of
her separate property, which was not discovered till after her death, and praying that
the Defendant should refund what he had received in respect of it, and deliver up the
agreement. There was no charge of imposition upon the wife.
For the Plaintiff. It was insisted, that this was a fraud on the husband ; for
though he had no power over this property, yet he might rely upon it so far as to have
a reasonable expectation of the benefit of it, if he behaved well to his wife ; and if he
had known of this agreement, perhaps he would not have taken the lease. It was
compared to the case of marriage brocage, &c., where the security, if founded upon
fraud against a third person, is void ; though there can be no injury to the person,
who comes [514] to complain of it, being a party. Redman v. Redman and Gale v.
Lindo, 1 Vern. 348, 475, and Neville v. Wilkinson, 2 Bro. C. C. 543, were cited.
The bill was dismissed with costs without hearing the Defendant. (As to the
absolute power of a married woman over her separate property, see Fettiplace v. Gorges,
1 Ves. jun. 46.)
BLAKE v. BUNBURY. June 22d, 23d, July 6th, 10th, 1792.
[See In re Vardon's Trusts, 1884, 28 Ch. D. 130.]
4 Bro. C. C. 21.-Tenant in tail of a rent-charge under settlement, being also devisee in
strict settlement of the estate charged with it, put to election. Tenant for life let
into possession on consent and giving security to pay charges payable out of rents and
profits, and to keep down interest of the fund to answer contingent charges.
In 1761 Sir Patrick Blake, a minor, being about to marry, an order was made,
referring it to the Master to consider, whether it was not fit, that an application should be
made to Parliament to enable him to make a settlement of part of his estate upon the
eldest son of the intended marriage. Upon a report that such application would be
proper, an Act of Parliament was obtained. In consequence of that, in 1762 a settle-
ment was made, reciting the order, report, and Act of Parliament ; and by that settle-
ment Sir Patrick Blake for the considerations therein mentioned, and for making a
provision for the eldest son, granted to trustees and their heirs a clear rent-charge of
£2000 per annum upon his estate in the island of St. Christopher's, payable half-yearly
out of all and singular the lands, tenements, mnessuages, hereditamnents, plantations,
negroes, coppers, mills, and all other utensils whatsoever, in trust for the first son of
the intended marriage in tail male, remainder to the second and other sons in the same
464
I VFES. JUNq. 518.](ViewImageLocal?handle=hein.slavery/ssactsengr0687&div=1&collection=&method=preview&ext=.png&size=3)