Page:The English Reports v1 1900.pdf/1097

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CHARLES v. ROWLEY [1765]
II BROWN.

After hearing counsel on these appeals, for six successive days, it was ordered and adjudged, that the decree complained of should be affirmed, with this variation, viz.

That in taking the account of what is respectively due to the respondents, who were plaintiffs in the cause wherein the decree of the Court of Chancery, of the 25th day of January 1731, was [485] made, subsequent interest, at the rate of £5 per cent. from the time of filing the bill, shall not be allowed; but that the Master of the said Court of Chancery, to whom the account in this cause stands referred, do enquire and certify, what interest or dividends the assets of the said Humphry Morice, or any part thereof, have produced since the filing of the said bill in that cause; and that after the said Master shall have made his report, the said court do give proper directions for allowing and paying to the said respondents, the plaintiffs in that cause, such proportion of the interest and dividends, as the principal demands of those respondents remaining unsatisfied, bear to the whole fund of the assets remaining in the hands or possession of the said Katherine Morice, or in the said Court of Chancery: and it is further ordered, that this direction shall not delay the payment of the said principal demands, together with the interest due for the same, before the filing of the bill in the said cause; but the said respondents are at liberty to apply to the Court of Chancery, for the payment thereof respectively, as that court shall think just.

(Jour. vol. 25. p. 129.)


Case 2.—Charles Vipont Charles,—Appellant; Hercules Langford Rowley,—Respondent [29th March 1765].

[The Register's minutes of a decree dismissing a bill, are not pleadable in bar to another suit brought for the same matter; for minutes are but evidence of the judgment of the court, and the ground-work of the decree; but are by no means conclusive, being sometimes mistaken, by the officer, and often rectified and varied by the court, upon a summary application.]
[To a bill brought for the renewal of a lease for lives, the defendant pleads the minutes of a decree in a former suit brought for the same purpose, by the person under whom the present plaintiff claimed, and by which minutes the court ordered that bill to be dismissed. This plea ought not to be allowed, but should stand for an answer, with liberty to except.]

Sir Arthur Langford, Bart. deceased, being seised in fee of the several towns and lands of Pierce town, Landy, and others, part whereof were by him purchased from the Earl of Bellamont, did, by lease, dated the 22d of March 1697, demise the same to John Charles, his heirs and assigns, for the lives of Alice his wife, and Richard Charles their eldest son, and of John Ward, son of Edward and Margaret Ward, sister of the said Alice Charles, and the longest liver of them, at the rent of £366, payable half-yearly, on every 1st day of May, and 1st day of November, over and above quit rents, crown rents, patent and chief rents, and all other taxes of what nature soever; with a covenant of renewal upon payment, by the said John Charles, his heirs or assigns, of a fine of £100 to Sir Arthur Langford, his heirs or assigns, having then the immediate inheritance of the lands, within one year next after the decease of any of the persons for whose lives the lease was made; the person paying such fine, having two lives remaining and undetermined, and presenting a pair of indentures of lease, fairly drawn and ingrossed upon parchment, purporting a demise of the premises for the two surviving lives, and that of the other person then to be nominated, and the lives of the longest liver of [486] them, under the same reservations, covenants, and clauses of renewal, as in the original lease; with a farther covenant for renewing for ever on the like terms; and also a covenant restraining the said John Charles, his executors, administrators, and assigns, from giving, selling, granting, or aliening his or their estate in the premises, or any part thereof, to any person or persons, other than the wife, children, grand-children, or posterity of the said John Charles, without

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