the now Respondent Sir Richard Carew to lose the 4855l. which his Father Sir John Carew paid, as charged on the Lands in Question. For which Reasons, and many others well urged about the Mischief and Danger of Perpetuities, and their Increase of late Years, to the Intangling and Ruin of many Families, it was prayed that the Decree of Dismission might be affirmed: But the same was reversed.
Sir William Morley, Knight of the Bath,—Plaintiff; v. Peter Jones,—Defendant [1698].
[16 Lds. Jo. 262.]
Uses of a Fine how declared, and by what Deeds. 4 Mod. 261 to 269. Carth. 410. 2 Salk. 677.—Writ of Error to Reverse a Judgment in B.R. in Ejectment upon the Demise of Bellingham, upon a special Verdict, which finds, That Anne Bowyer, Spinster, was seised in Fee of the Manor of Frencham; that the said Anne and Ed. Morley, Esq; and Sir Will. and J. Wells ante tempus quo, &c. viz. 22 July 1664. [141] did make, and as their Deed deliver, a certain Indenture with their Seals sealed, whereby the said Anne demises the Manor aforesaid to Sir William and Wells, and their Executors, for one Month from the Day next before the Day of the Date; that Sir W. and Wells entred and were possessed; that they the 23d of July in the said Year sealed, and as their Deed delivered, another Indenture with their Seals sealed, whereby the said Anne, reciting a Marriage intended between Anne and Edward; and that Edward had agreed to settle a Jointure out of his Lands to the value of 300l. per Annum; and that the said Anne had agreed, in case the Marriage took effect, and a Jointure were made, as aforesaid, to settle the said Manor on him and his Heirs, and to particular Trusts after-mentioned, until the same be performed. She the said Anne, in Consideration of the Marriage, and in Performance of the Agreement on her Part, Bargains, Releases and Confirms to Sir W. and Wells their Heirs, the said Manor, and all her Right, &c. and the Reversion, &c. in Trust for the said Anne and her Heirs, until the Marriage take effect, and Assurance of a Jointure be made as aforesaid; and after such Marriage and Assurance of such Value as aforesaid, then to the Use of Edward and his Heirs, &c.
Then the 1st of August 1664. a Marriage was had; then the 29th of Jan. 1665. a Deed is executed between the said Edward and Anne of the first Part, and Young and Truster as Trustees on the other Part, reciting that a Fine is already acknowledged, and agreed to be levied in due Form of Law next Hillary Term, between the said Young and Truster Plaintiffs, and the said Edward and Anne his Wife, of the said Manor of Frencham, and thereby declared that the said Fine should be to the Use of Edward and his Heirs. Two Days after the Execution of that Deed, and before the Fine levied, viz. 31 Jan. 1665. another Writing indented was made and executed under Seal, between the said Edward of the one Part, and the said Anne of the other Part, whereby they both, in Consideration of the said Marriage and other good Causes, did Covenant, Consent and Agree to revoke all former Grants, Bargains, Contracts, Writings, Covenants and Obligations made or done between them, or any other for them, until the said Edward had performed the Agreements in the said Marriage Settlement on his Part, both in Law and Equity; and that in Default thereof, it might be lawful for the said Anne and her Heirs to enter into the said Manor and Land, conveyed by the said Settlement, without the Lett of the said Edward and his Heirs.
Afterwards the Fine was levied Octabis Purificationis, which was the 9th of February in that Term: And afterwards by Indenture between the said Edward Morley of the one Part, and one Henry Doble of the other Part, dated 9 July 1666. the said Edward, in Consideration of 600l. Mortgages the said Manor to Doble and his Heirs: Then the Money not being paid by Edward Morley to Doble, Doble did 2 June 1676. in Consideration of 600l. with Interest, paid by Sir William Morley, convey the said Manor to one Thomas Young; that Edward Morley did never convey [142] the Lands agreed to be conveyed for a Jointure to the Value
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