The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1859-06-14 00:00:00

Ltgal.

ROLLS COURT-TuESDAT.

YESCONDE LANDOII.-WALTEI SAVAGE LASSOS.

This demurrer related to sonic property alleged by the
plaintiff, the Rev. Mr. Yescombe, to be held in trust
for Mr. Walter Savage Lander, now out of the jurisdic-
tion, against whom the clergyman :rail a short time ago
recovered a verdict at law fur L 1,00) damage:l(er a
naalignant libel on Mrs. Yescombe. The poet had dis•
appeared about the time of the trial at law, and was
said to be in Italy, but Mr. l'eseombe had obtained
judgment against him for the (tamers, and for 1:312
coste, which judgment was duly registered in February
last. It was subsequently discovered that an estate,
called Insley Court, worth about £1,200 a year, was
held in trust for life for Mr. Walter Savage Lander, by
the defendants, Walter and Robert Lawlor, upon
which the plaintiff filed • bill, seeking • declaration
that the judgment was a charge upon the poet's interest,
and an injunction restraining the trustees from paying.
the rents to him. To this bill the trustees demurred tan
, several grounds. sail amongst others that the Judgment
I Act (Ist arid 2nd Viet. c. 110) prohibited laroceedinga in
! equity to obtain the benefit of • registered judgment
I until • year after registration. On the part of the
plaintiff it was answered that the bill only sought to
Protect the fund until the proper time arrived ior realis-
ing their charge, mid that Lord Chancellor Truro had
done so in the ease of stock. It war, also insisted that
the plaintiff was prevei.ted from executing the eleyU at
law, Walter Savage Lander having no legal estate in
any land, but being only re:fatigue trust. The trustees
insisted that the plaintiff had his remedy at law by elega
against the trust estate. But the plaintiff replied that
as the trustees could not be deprived of the legal estate
equity was the proper from for giving relief.
The mow was argued by Mr. R. Palmer and Mr. C.
Barber in support 4,1 the trustees doeurn-r ; and by Mr.
Follett All.i Mr. Southgate for Mr. Yeseonalw.
The Master of the Rolls game judgment overruling the
demurrer. Tie first question was OS to the judgment
creditor's right to come woier the statute within the
year to impound the debtor's equitable life interest, in
order to make the judgment available. The 13th sec-
tion of the act irovaded that a regastered judgment
should he a charge on the debtor's interest an any lands ;
last forbade any proceedings from being taken to realise
the charge until after twelve months. In the ease of
stock the periaal war six months only. It bad Leen
decided that this Court would ra,train the transfer of
stock for the latter period at the instance of a registered
judgment creditor. It might be true that there was
some distinction between stock and land where the sub-
ject sought to he charged wax the inheritance, yet eVell
then equity interfered to prevent waste. But here the
subject-matter was a lifediaterest ; the rent was all that
could be protected against being spent or squandered,
and it was necessary to guard the plaintiff against any
risk by the death of the tenant for life within the year.
Any discussion of the other point—whether the impossi•
hility of obtaining execution at law was sufficiently
I stated at law and admitted hy the deinorrer—was
necessary, as he was with the plaintiff upon the other
point. The trustees had acted rightly in contesting the
question ; they were bound to defend the trust; but not-
withstanding this the plaintiff was entitled to have the
rents impounded until the eud of the period prescribed
by the statute.