Page:The English Reports v1 1900.pdf/819

On the 26th of November 1711, young Oliver Neve died without issue male; and thereupon his brother Peter entered into possession, and applied to Mr. Berney, who was counsel for the Norris's family, and desired to see the conveyance of the reversion from the blacksmith to old Norris; and Mr. Berney asking his reason for desiring it, he said, he had a conveyance of the reversion from the blacksmith, and pretended he wanted to see which of the two conveyances was prior.—Mr. Berney, not having before heard of the conveyance to Peter, answered, if he would shew his deed, the other should be produced at the same time, but Peter refused.

After this, the said Peter Le Neve applied to Mrs. Earl, a friend of the Norris's, and told her, he was desirous of purchasing Mr. Norris's reversion in this estate, and would give £5000 for it, which would be of great service to him, who was incumbered and frequently arrested; and upon her saying, she thought it not a valuable consideration, he said he would give more, and desired her to speak to him, which she did; and Norris's answer was, he had not power to sell it.

In January 1716, John Norris, the infant respondent's grandfather, died, leaving John Norris, his only son and heir at law.

Peter Le Neve, being a widower about sixty-four years old, and pretending some claim to the reversion, made a proposal in 1725, to marry a sister of the infant respondent's father, then about fifteen years old, and having but a small fortune; and insinuated to Mr. Berney, that if this was accepted, he would yield up his claim to the reversion in fee; upon which a meeting was had, but the proposed provision for the young lady being thought not sufficient, the matter broke off.

On the 1st of October 1729, Peter Neve died without issue; having made his will, whereby he devised all his lands and hereditaments in Norfolk, Middlesex, Surrey, and London, the reversion whereof he had purchased from John Neve, the blacksmith, to the three daughters of his late brother Oliver, and their heirs; [77] namely, the appellant Isabella La Neve, Henrietta, late wife of the appellant Edward Le Neve, and mother of the appellant Peter Le Neve, and Ann then wife of Dr. Rogers, and mother of the appellant Ann Graves; and they, as co-heiresses and devisees of Peter, got into possession of a considerable part of the estate, and got most of the deeds relating thereto.

All the limitations in the first settlement being spent upon the death of Peter Neve, without issue, the reversion in fee became vested in John Norris, the infant respondent's father, who, in April 1730, (being then an infant,) brought his bill in Chancery, against the appellants Isabella Le Neve, Edward Le Neve, and Henrietta, his then wife, and John Rogers and Ann his wife; praying, that they might set forth what right they claimed to the estate, and account for the profits, and deliver up possession, and all deeds and writings concerning the same, and that witnesses might be examined to perpetuate their testimony.—No answer was put in to this bill.

In Easter term 1731, the respondent's father (being still an infant) brought ejectments for the lands in Norfolk, whereto the defendants to the last mentioned bill appeared, and made themselves defendant with the tenants in possession; and upon a long trial by a special jury, before the Lord Chief Justice Raymond, at the summer assizes 1731, and full defence made, a verdict was given for the plaintiff for all the freehold lands in that county, except Shackle's Farm, which, by an act of parliament in 1696, was vested in trustees for the same uses as the lands recovered; but the plaintiff's counsel were not then apprised of that matter.

Judgment being entered on this verdict, the defendants brought a writ of error, and afterwards filed their cross bill against the respondent's father; in which they charged, that old Mr. Neve, the settler of the estate, acquainted Mr. Norris, who was a barrister at law, with his mind to settle his estate upon the said Oliver, Peter, and Francis Neve, and their first and other sons in tail male, as before mentioned; and for default of such issue, so as that the same might remain in the family of the said Oliver and Peter, sons of Francis Le Neve, of London, draper, whom he supposed to be his right heir; and that Norris declared him to be the nearest relation then known, and prepared the settlement and will accordingly. That the grantor's intention was to preserve the estate in his own name and blood; and that Norris ought to be considered as a trustee only, for the parties interested in the said trust estate. That Norris, on the death of the testator, possessed the personal estate, and received the profits of the real for five years, and had an overplus beyond what would pay