Reports of Cases Argued and Determined in the High Court of Chancery

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1844. Not illustrated. Excerpt: ... put the plaintiff in possession of the defendant's defence. In Drivers v. Drivers, 2 P. Wms. 409, a similar order was refused. He might say in this case, as Mr. Lutwyche did in that, " the other side can have no right to see the strength of my cause, or the evidence of my title, before the hearing." Hudson v. Warrington, 3 P. Wms. 34. Lord Chancellor said, if the defendant relied on a paper, that made it material; and made the order as to the only letter specifically referred to in the answer. (2) (a) (2) The order was in fact made according to the terms of the motion, and specified various letters and papers admitted in the answer. -- R. L. (a) The present and the subsequent cases upon this subject are collected by Mr. Svanston, in his notes to the cases of Evans r. Richards, 1 Swanst. 8, and The Princess of Wales v. The Earl of Liverpool, ih. 121 (S. C. 1 Wils. Ch. Rep. 113); Earl of Salisbury r. Cecil, 1 Cox, 277; Smith v. The Duke of Northumberland, ib. 363; Erskine v. Bize, 2 Cox, 226; Campbell r. French, ib. 286; Darwin r. Clarke, 8 Ves. 158; Taylor R. Milner, 11 Ves. 41; Atkins r. Wright, M Ves. 211; Beckford r. Wildman, 16 Ves. 438; Marsh v. Sibbald, 2 Ves. & Bea. 375. -- Eden. Colxis v. Swayne. Lincoln's-Inn-Hall, 14th Dec. (No Entry.) Where a bill prays relief and discovery, the plaintiff being entitled to discovery only, a general demurrer allowed. (1) By the bill, the plaintiff stated, that the defendant having applied to hitn for leave to use his name, as a trustee in a mortgage, for money due to htm (the defendant) from a relation, afterwards induced him by artifice, and assurances that the security was good, and promises of indemnity, to advance the money; and that he (the plaintiff) became the principal mortgagee, and was afterwards evicted ...