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![handle is hein.slavery/ssactsengr0865 and id is 1 raw text is: 814 / TREWEEK V.. TURNER 1 Y. &C. C. C. 1.
[112] TREWEEK v. TURNER. Dec. 3, 4, 1841.
In order to enable the Plaintiff to file a note under the 21st of the Orders of Aug..
1841, there must be an affidavit of appearance entered.
Mr. Sandys, for the Plaintiff, moved, under the 22d of the Orders of August 26,
1841, for leave to file a note under the 21st of those orders. He produced the,
certificate of the Plaintiff's clerk in Court as to the Defendant having entered an
appearance on the 17th of February last.
THE VICE-CHANCELLOR [Sir'J. L. Knight Bruce]. That is a certificate of the.
Plaintiff's own agent in his own favour. There must be an affidavit.
[113] The motion was afterwards granted, on the affidavit of the Plaintiff's.
solicitor's clerk, which was to the effect that he had examined the book of the Plaintiff's.
clerk in Court, and that of the Defendant's clerk in Court, and that, on exarining
the latter, he was enabled to state that the appearance was entered at the time
mentioned.
[114] WRI6HT v. LOCKWOOD. Dec. 4, 1841.
Surety in a joint and several. promissory note is a competent witness for the note
creditor in a suit brought' by him for administering the assets of the principal
debtor.
This was a creditor's suit for the administration of the real estate of William,
Lockwood, who died in June 1835.
The Plaintiff, Charles Wright, was a creditor of the testator upon a joint ancb
several promissory note, dated the 21st January 1825, and signed by the testator and.
his brother, Gerrard Lockwood, as surety. The bill was file in Trinity term 1838,
and, in order to prove the existence of the debt at that time, the Plaintiff's counsel,.
Mr. Cooper, proposed to read the evidence of Gerrard Lockwood, who stated that he
did, by the direction of the testator, and out of money delivered by him to the-
deponent, pay to the Plaintiff the interest which became due on the 21 st January 1834.
Mr. R6milly, for the infant devisee and heir of the testator, objected to this
evidence, as being given by a surety, who was directly interested in discharging him-
self of the debt, and throwing it on the testator's estate.
THE VICE-CHANCELLOR [Sir J. L. Knight Brueb]. Both he and the testator's.
estate are primarily liable. I shall receive the evidence on the authority of /Yood v.
Braddick (1 Taunt. 104), which, though I have some notion of having heard doubted,.
has not, I believe, been overruled.
[114] TULLOCH V. HARTLEY. Dec. 4, 1841.
[See Companhia de Mocambique v. British South Africa Company [1892], 2 Q. B. 364 ;.
[1893], A. C. 602.]
The Courts of this country, in dealing with real property in Jamaica, will be guided
by the law of evidence in Jamaica.
A Court of Equity in England will entertain a bill to settle the boundaries of real
estates in Jamaica.
The bill was filed by legatees and annuitants, under the will of Elizabeth Simpson,
to obtain payment of their legacies and annuities out of her real property in Jamaica;
and, for that purpose, praying that her estates in that island might be ascertained;
and that in particular an estate called Boden's Land, now blended' with a larger estate
called the Bounty Hall 'estate,. mightbe declared to be part of the property of the
testatrix; and, if necessary, that the boundaries of her estates in Jamaica might be
settled by commissioners to be appointed by this Court.](ViewImageLocal?handle=hein.slavery/ssactsengr0865&div=1&collection=&method=preview&ext=.png&size=3)