The Revised Reports Vol. 10 Being a Republication of Such Cases in the English Courts of Common Law and Equity From the Year 1785 As are Still of Practical Utility 1785-1866 - new book

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: considered in equity as having notice of the plaintiff's equitable title under the agreement; that Cole was bound to inquire; and therefore, without going into the circumstances, to ascertain, whether he had, or had not, actual notice, he is to be considered as a purchaser of the other defendant's title, subject to the equity of the plaintiff to have the premises conveyed to him at the price, which he had by the agreement stipulated to pay to that defendant; and that it is competent to the Court to make that arrangement as between co-defendants. The plaintiff therefore, deducting his costs out of the money he is to pay, must have such conveyance from one or both the defendants, as the Master shall settle, if they differ: but I can go no farther than to regulate as between the defendants the payment of that money, which the plaintiff is to pay. Daniels v. Davison. STEELING, Ex (16 Vesey, 258?259.) Attorney's lien generally on papers in his possession: not limited to the occasion, on which they were delivered, without special agreement. A Petition was presented by the assignees, under a commission of bankruptcy, to have deeds and papers, belonging to the bankrupt, delivered up by an attorney; who claimed a lien upon them for his general bill. An objection was taken on the ground, that these papers were delivered for the purpose of preparing a mortgage; and the lien was to be limited accordingly. Mr. Alexander and Mr. Wear, in support of the petition. Mr. Sell, for the solicitor, contended for the general lien; observing, that there was no instance of an inquiry as to the delivery of the papers; which with this distinction must occur in every case. The Lord Chancellor: The general lien must prevail. Different papers are put into t Calmer v. Ed...