Or to carry on trade without license, ib.
Or not to assign without license, ib.
Or not to suffer persons to use a road over land, ib.
Or against forfeiture on non-payment of calls to a company engaged in a public
undertaking, iii. 664, 665.
No relief against an Act of Parliament, iii. 666.
Nor, in the absence of fraud or acquiescence, against forfeitures of customary es-
tates or copyholds, ib.
Specific performance decreed where penalty is to secure performance of contract,
iii. 666, 667, 686.
Party cannot elect to pay penalty, iii. 666, 667, 685.
Secus, where contract is to pay an additional sum on doing a particular act, iii.
667, 685, 686.
And the acceptance of a sum certain as compensation for non-performance, icill
preclude the right to insist on performance, iii. 686.
Which he will not be restrained from doing, iii. 667.
Nor can he protect himself from discovery, iii. 668.
Additional sum not to be considered as a penalty, because disproportioned to
damages caused by doing a particular act, ib. ; see iii. 676, 677.
Fraudulent acquiescence by landlord, ground for relief, ib.
Specific performance of agreement to lease refused after acts of forfeiture, ib.
But a strong case of forfeiture must be made out, iii. 669.
Where forfeiture doubtful, specific performance decreed, ib.
And plaintiff put upon terms in the proceedings at law, ib.
PENALTIES AND FORFEITURES, RELIEF AGAINST, continued.
Specific performance not refused on mere breach of covenant to repair, where there
is no clause of re-entry, iii. 6
Although acts of forfeiture committed with reference to a contract for a lease, con-
tract^ purchase the fee if independent enforced, ib.
Belief given in equity against suit on independent covenant* when work for which
/!,; , ,â€ž>),â– nsation has not bet n />< rformed, iii. I
â– forth payment of a larger sum on default being made in the payment
a )>, natty, against in equity, iii. 669, 070,
,676. - _ , j. ., .
]',â€ž/ ,, stipulation for th the payment oj principal, on default in
ayrm nt ofintt ' is â€¢'L"" lh J valul at hnc
and in equity, iii. 671. .
, a stipulation for tht payment oj a sum certain m t/u â–
or condition ici ! 'â– "'' '""'â– v > U1 -
Equity will not exact forfeiture, iii. 671.
But may enforce th performan lition which partakes of the natun
trust, iii- â– . , ,
Equity u ill n to oe against the conscqtu n :'"â– Â» f -
â€žâ– , â– ipensation, iii. 670, 671.
But not against tht â€¢
PENALTIES- LIQUIDATED DAMAOl
Equity will not allow either party to <> contr for any thing more
than a compensation in case of breach, iii. '-7 i. '.7."..
Bui <Â» "i" 'I'/, Â»'â€¢ 6*0, ,i7; '- . m . , , . . . .
bid when the injury inflicted is certain oreapabU of being reduced to certainty
rtipulationfor any thing more will I | "'/.'A
against w fwiU bt afforded, iii. 670,
uncertain, the parties ma, '""' Â°y
agret mt nt. iii. 673, ''7 !. r ,
their object appears to hoot been merelyjo securt th
. an I not to M a
penalty, iii. <>82. ,. . , . ,
lotions for the paynu nt of a sum a rtain gt m rally valid as liquidated dam
Unless th amount thus fin d as compt nsation, man ' of in-
juni which vill result from tht breach, iii. 674,
Whether the existena of such f '"" st
appear by cal ulation, iii. 67
( *,- /â€ž.â€¢/â€žâ€ž,/ to conaft I '"" / ""' M '"/""'"'"'
damam s, iii. I . ,, ,. ,r ;?â€ž
B||< â€ž.,/, | <u ajiyannt on the face oj the
contract, iii. ' , . , ,
j , neandthesam* sum for breaches varying
in uiiK'uni and naturt , iii
Application of these rul /wife, in. 676, 1
</â€¢â€ž , /(7// ,.s7 pursuit,., a tradt or profession wnthm certain limits, in. 674,
2h otter inst.tnrm, iii. 673, 682.
/' tywMnoi .//w /.-/;â€¢ Â«* Â« substitute for s\
formance, iii. 6fi >. ... ,,,,,,
j.;, v i dinarUya barto spt â– 'â€¢ bbb,
PERFORMANCE OF A COVENANT,
i. ]> 1; ,.1, oflanda allowed to descend, performance of a covenant to pur-
chase and settle, ii. 60 1. . . ..
0r , ivey and settle, where covenantor has no real estate, id.
Lands purchasi value, a performance pro tanto, ib.
PERFORMANCE OF A COVENANT, continued.
Although heir be not the person interested in the performance of the covenant
lands hound m his hands, ii. 604. e dni '
^material wither lands be not purchased within time appointed, ib.
Or at dill, rent times, m small parcels, ib.
Or without the consent of trustees, though required ib
ot Lechmere v. A',//-/ of Carlisle, ii. 604, 605 '
fauSTfi^JS^" tbough covenant was t0 paj mone ^ t0 trustees t0 be laid out
But not by expenditure on lands vested in trustees, ii. 607
Sment a, ib hCable **"** ^ Â° bligatiQn to P urcha se arises under an Act of Par-
) Vll,, ; c e8t Â» te covenanted to be settled has been exchanged, ii 608
Or Jjere .. .s optional to settle lands or rent-charge, unless intention to settle a
rent-charge be shown, ib.
ament of a mortgage on an estate purchased, no objection, ib.
Lands descending, which covenantor had at the time of a covenant, pointing at a
future purchase, not a performance of it, ib. b
Nor if lands purchased are of a different nature from those covenanted to be pur-
chased, ii). r
1 cure jointure out of after-acquired estates, ii. 608.
j ovenant tu purchase lands a mere specialty debt, ii. 609.
W ill not create a lien as against a purchaser or mortgagor, ib.
Equity of redemption of lauds purchased in performance of a covenant, liable to
Price paid for lands, in the absence of fraud, considered their value, ib.
Lands purchased by trustees, under an obligation to lay out money in lands, ib.
In sumption of satisfaction more readily arises, ib.
Trust tun. Is. if improperly invested, will" he followed, ib.
Purchase by husband, with consent of trustees, of property not authorized bv the
settlement, ib. J
Further sum paid by husband for lands, considered aÂ§ an advancement, ii. 609, 610.
-. Devolution, by intestacy of husband, of share of personalty to his widow, equal
to or greater than the sum which he covenanted to leave, or that his executor
should pay her, a performance of the covenant, ii. 610.
If share be less, a performance pro tanto, ib.
Immaterial whether wife takes out administration, ib.
Slight difference between having and paying, or the time of payment in the
covenant, not attended to, ib.
Doctrine applicable where covenant is to pay to trustees, ib.
Covenanl to pay or assign moiety of real and personal estate to wife, part per-
formed by devolution of one-third of personalty on husband's intestacy, ii. 610,
A gift by will, not a performance of covenant, ii. 611.
Unless, although there be a will, the personal property is divisible according to
the Statute of Distributions, ib.
Principle not applicable where the covenant is to pay interest of a sum of money
for life, ii. 612.
Or an annuity, ib.
Nor where husband covenants to pay a sum in his lifetime, ii. 613.
Entire covenant not divided by holding one part performed, when another part is
not, ii. 611.
Distinction between cases of satisfaction and performance, ii. 614, 615. See
POSSIBILITY. See Equitable Assignment.
POWER IN THE NATURE OF A TRUST. See Implied Trust.
PRECATORY WORDS. See Implied Trust.
Assignment against. See Equitable Assignment, 5 â€” Marriage.
PURCHASER WITH NOTICE. See Notice.
PURCHASER BONA FIDE WITHOUT NOTICE.
Obtaining legal estate at the time of his purchase, protected against prior ecpaitable
right, ii. 52.
May get in outstanding legal estate, ib.
Even where his equitable title depends on a forged will, ii. 53.
Protected where he has the best right to call for the lejral estate, ii. 53, 87, 88.
Secus, where he obtains legal estate from trustee, with notice of trust, ii. 53, 87,
But, though first mortgagee may have notice of second, the third advancing his
money without notice of second, may gain priority by getting a conveyance from
the lir-t. ii. 54, 88, 89, 90.
No relief will lie given to the holder of the legal title against, ii. 5-4-58, 72.
Even though the Legal owner 1"' in possession, ii. 55.
Jfarchase of a pretended legal titl> will entitle tfa purchaser to protection even
when he acquires w> real or actual title, ii. 53, i I. 70.
An'/ no relief wUl be givt n as against such u purcham r, i m n to (he hold* r of the
true or actual legal title, ii. 54-58, 71, 72.
Bui this rule only applies to those buying in good faith, and under circumstances
which justify the belief that they art acquiring the legal title, ii. 69, 94, 95.
And does not extend to the purchaser "/'tin equity, i
1 defence that a person is, not applicable against legal mortgagee, ii. 59, 60, 89, 90.
Defence that a person is, will not pi Court proti cting property pending
litigation, ii. 60.
Equity will not pnt a term out of the way of a widow claiming dower against a
The case of Baker v. Morgans, ib.
Commission of bankruptcy not superseded when there have been purchases under
it, ii. 61.
Neither accident, mistake, nor ignorance of parties of their claims prejudicial to, ib.
May defend him.-elf by demurrer, ib.
by plea, ib.
by answer, ii. 63, 123.
Requisites of such a defence, whether made by plea or answer, ii. 61, 62, 91, 92,
How pleaded, ii. 91, 92, 120,121, 122.
Must be sustained by proof and not merely by the oath of the defendant^ ii. 124,
Unless his oath is responsitH i Hons of the bill, ib.
And tin- receipt in th< deed is not evidenct of payment, ii. 126, 127.
Lord Kldon's remarks on different defences by purchasers bona tide, ii. 63, 123.
Equity not only stands neutral, but will assist purchaser, ii. 64.
Against ancient statutes, ib.
Sleeping mortgages and incumbrances, ib.
Where person having a title, although covert or under age, encourages or permits
purchaser to buy, ib.
B ieved against incumbrance, when incumbrancer conceals it, ii. do.
Or whore trustee represents property as unincumbered, ib.
Secus, where incumbrancer not being in contact with parties to a transaction is
merely silent, ib.
Entitled to relief when induced to purchase by person who was ignorant of his own
right, when, ii. 65, 66.
ction of purchasers in equity, agreeable to the wisdom of common law, ii. G(j.
Kept in view by the legislature, ib. S i NOTICE.
Will be assisted by & b Jiad at law, ii. 64, 86.
purchasers in goodft or value, equity will give the first
PURCHASER BONA FIDE WITHOUT NOTICE, continued.
vendor, ii. 72.
And asbi twe, n two purchasers of the same thing he will have the preference who is
first m point of time, u. 67.
litis rule applies to the purchase of equitable estates or interests in equity, as well
as to that oj legal estates at law, ii. 72, 73.
An. I iu thai of chattels as well as of estates in land, ii. 85.
Apurchaser who buys what he believes and is justified in believing to be a good
legal title, mil be freed from oil equities of which he had no notice at the time of
tin purchase, ii. (17, 68, 69, 73, 94, 95. J
Application of this principle to the purchase of choses in action and chattels , ii.
75, 76, 86 ; see iii. 369-376.
The same result wUl follow from a purchase with notice, from apurchaser without
notice, or by a purchaser without notice from apurchaser with notice, ii. 68, 69.
And from a bonajidi purchase from apurchaser who has bought in fraud of the
grantor, or of the grantor's creditors, ii. 71, 81.
And to a purchaser without notice of an unregistered deed, from apurchaser with
notice, ii. 184.
And no relief will be given against such a purchaser in equity, even when hehas ac-
quired no title, or when the titlt which he has acquired is destitute of all real
foundation, ii. 56, 70, 103.
In Pennsylvania, however, a creditor who obtains a judgment against the holder of
"" equity, will hare a preference over a purchaser who claims title through a
subsequent conveyance of the legal title to the defendant in the judgment, ii. 71,
Ti constitute or bona fide purchase, and bring this nth into operation, thepurchase
must be if a real or pretended legal till'-, ii. 73, 94, 95.
And l he cow,)/, tn,c must h, coat/,,/ ( ,nd the purchase moneii actually paid before
notice, ii. 62, 91, 101.
little on these points in lit, United States, ii. 96, 102.
Payment must be mode in money or negotiable instrument, and not in bonds or
other securities nnt negotiable, ii. 62, 117.
tust be in full oud i,,,/ merely o partial payment, ii. 116-118.
lint relief may be given b> Ho- extent of partial payments, ib.
The conveyance must be for << valuable consideration and not merely as security for
on antecedent debt, ii.' 103-108.
( itors are not purchasi rs ev( n when their debts have passed into judgment, ii.
108-110; see vol. 1,599.
And the same role applies /<< assignees for creditors, ii. 106, 107.
IJot a purchaser of a safe under a judgment icill stand on the same footing with
other purchasers, ii. 109, 110.
J a pledge <>r mortgage for an advance made at the time, will constitute a pur-
chase for value, ii. 83, 108.
Acceptance of deed in satisfaction of precedent debt, or as security for fresh advan-
ces, purchase for value, ii. 103, 104.
Bule in New York, ii. 107, 108.
Secus win re conveyance is made as collateral security for precedent debt, ii. 104,
Or to trustee for benefit of creditors, ii. 105, 106.
Unless they have released on faith of conveyance, ib.
No right con be acquired by a purchase as against an antecedent rigid, of which
the purchaser has notice, ii. Ill, 182, 183.
But the rights given by statute to judgment-creditors, over unrecorded deeds and
mortgages, cannot be restrained by notice, ii. Ill, 112, 113.
/ is the not ice is given when the debt is contracted, ii. 112.
And I'd/en a judgment-creditor is entitled to priority, his superiority will extend to
purchasers under the judgment, although with notice, ii. 69, 111.
PURCHASER BONA FIDE WITHOUT NOTICE, continued.
The purchaser of an equity takes subject to all prior equities whether with or with-
out notice, ii. 9 1. 95, 96.
This rule applies to purchasi r â– ' â– in a ttion, ii. 75, SO, 81 .
Unless fort i/iu<l !>!/ the b-<jal title, ii. 7.'.. 76, 77. 7-. 7 9.
As when the assignment of a debt is attended by an assignment of the mortgage
by which it is secured, ii. 82, 83, 85 ; see iii. 37 1-376.
Or the holders of the prior equities have been guilty of laches, ii. 7G, 77. See
Assignee of mortgage not a purchaser in New York, ii. Bl, - '.
Rule on this point in England and /'â€¢ nnsylvania, ii. 83 - '<. 35.
Purchase of an equity does not affect the purchaser irit/i notice of prior utilities of
which he is in fact ignorant, nor preclude him from protecting himself against
them, by taking a conveyance oftru legal title, ii. 74, 99, 100.
trded coveyam : '' f H ""''"> " s ' f seems, have priority over prior
equities not placed on record, ii. 96, '.'7.
Cases "a those points in Pennsylvania, ii. 97,
Purchaser for valui by deed duly recorded will take free from >â–
mill mortgages, of which he has no notia f record, ii. 184.
Whether payment infuU nea nary to constitute su h a purchase, ii. 119.
Notice will supply the want of a record, ii. 183, 18 1.
Unless mi opposiU rub is established I . ii. 186. 8 R i (stratum â€”
Purchase for value may give a right to relief in equity, ii. B6, -7.
But not as against another bon haser, ib.
j'nr, hast r "i ' quitable title wii I title J
against prior equity afU r not
Jin/ not when he km w oj ' the time of his purchase, ib.
it i purchase pleaded as a I
,-, ,// or p\ tal tit''- in n, actually dm paid, ana
without notice, ii. 99-122.
I> nee resting on the ground oj I , may be made by
ansuH r, ii. 123.
But more propt rly by pit a, ib.
And if defendant submit to answer fir must answer fully, il>.
Secus in courts of the United States and of Pennsylvania, ii. L23, 124.
/" a must be full hi"! explicit, ii. 120, 121.
Burden of proving notice rests on complainant, ii. 124-126.
/; Xenial in answer not wive to bill, ib.
taryintheUn ,tovalidity ges against
subsequent purchasers whose deed are r ... 177-1-7.
Judgment-creditors are not pur I deeds,
unless it is given to them by statute, ii. 108, 109.
But a purchaser at a sale under a judgment, will stand on the tame footing with
other purchasers, ii. 1 10.
,, some oj tistry is necessary by statute to the validity of mort-
i against subsequent judgments, ii. 109-111.
jistry may be supplied by notice in I ' erÂ», ii. 111-
This construction of l> gistry Acts only appli* d in England by equity, ii. 18:'-. 184.
i, aerally adopted in th - both at law and in equity, ib.
But will n"i be adopted when statute express to the contrary, ii. 1 -
/ >f the states notice must be express and actual, to defeat priority o
gistry, ii. 187-192.
But constructive notice held sufficient in oth rs, ii. 193-197.
xofan unrecorded deed to a purchaser by deed duly recorded, good against
a subsequent purchaser b l, and without notice, to the extent of the
frst deed, ii. 185.
A recorded conveyance of an equity will, as it seems, have priority over prior equities
which are not placed on record, ii. 97. 99, 100, 19S.
1 1 vents, when they arise by deed or writing, and are susceptible of being recorded
ii. 195, 196. '
When and how far equitable estates and interests are icithin the recordina acts ii
97-10(1, 193-196. J ' '
/ purch an- of an equity by deed duly recorded will be subject to prior
unrecorded equities of which he is ignorant, ii. 73, 74, 98, 99, 161-163.
A recorded deed subject to an unrecorded defeasance, will be viewed as an unre-
corded mortgage, awl be postponed to subsequent purchasers and judqment-credi-
tors, ii. 179, 180 ; iii. 643.
Whether payment in full necessary to a purchase icithin the recording acts, ii. 119.
Registration operates as notice of all instruments tohich the law requires to be re-
led, and which arc recorded in compliance with the law, ii. 178, 182. See
Purchasers not bound l>y a record nmde before the title, vested of record in the
grantor, whose </â€¢ i d is recorded, or after he had parted with his title, ii. 180, 181.
a judgment against an unrecorded equity will have priority in Pennsylvania
i a subst guent deed by the grantor, after he has acquired the legal title, ii. 115,
as between two deeds, thai will have the preference which is first recorded,
although not placed on record until after the execution of the other, ii. 181, 182.
Belief given in equity when lands out of which it is payable cannot be discovered,
ii. 624. See Penalties and Forfeitures.
BEPETITION OF LEGACIES,
1. Same specific things cannot be twice given, ii. 539,540.
2. Legacies of quantity given by different instruments simpliciter, legatee takes
both, ii. 540, 550, 551.
Whether the subsequent legacy be the same in amount as former, ib.
or less, ib.
or larger, ib.
A fortiori, whore there is any variation as to time and mode of payment, ib.
<>r they are given for different trusts and purposes, ib.
Or are not ejusdem generis, ib.
Effect of i me legacy being expressed to be in addition to another, where the same
expression does not occur before other legacies, ii. 540, 541.
Or in lieu of another, ib.
Legacies of the same amount given by a different instrument, not simpliciter, but
with the same motive expressed, the latter is a repetition, ii. 541.
Secus, where there is no motive, or a different or additional motive, though the
sums be the same, ii. 5 12.
Or where the motive is the same, if the sums differ, ib.
Repeated gifts held substitutionary from changes amongst the legatees, when, ii.
From intrinsic evidence, a legacy of different amount by a subsequent instrument,
may be construed as a substitutionary, ii. 544.
Or if it appears the testator was thereby revising, explaining, or qualifying his
Or if it be a mere copy of the former instrument, ib.
Secus, if the latter instrument does not extend to all legatees, and there is no ex-
planation of the omission, ii. 545.
"Where instruments are exactly the same, probate given only to the latter, ib.
Not where there are some discrepancies between, as equity must determine
whether the legacies are cumulative or substitutional, ii. 545.
3. Legacies of quantity in the same instrument, of equal amount, given simpliciter,
the latter substitutionary, ii. 545, 551, 552.
REPETITION OF LEGACIES, continued.
Although there are small differences in the mode of conferring the legacies, h.
Secus, if of unequal amount, ii. 546.
4. The intention from internal evidence will be carried into effect, ii. 546, 551. oj2.
' Effect given to incomplete codicil made before the late Wills Act, only so far as
it goes, ii. 546, 5 IT.
Although it contain internal evidence of an entirely new disposition, lb.
Two writings, proved as will and codicil, considered different instruments, though
on same paper, ii. 517.
So, two instruments admitted to probate as one, will be so considered, lb.
Semble, also, where testator declares codicil shall be part of will, ib.
Tendency to hold legacies cumulative, ib.
Revocation of a substituted legacy does not revive former legacy, ib.
5. Opinion of Sir J. Leach as to the admission of extrinsic evidence, ii. 547, 548.
<)[ V ice-Chancellor Wigram, ii. 548.
Semble, admissible to rebnt presumption raised by Court, and in support of appa-
rent intention of the testator, ii. 649.
Not in opposition to apparent intention, ib.
Extrinsic evidence of circumstances of testator admissible, ib.
6. Substituted legacy, how far liable to incidents of former legacy, ib.
Additional Leg icy, how Bubject to incidents and conditions of first legacy, n. o49,
Definition of. ii. 566. ..
1. Of a Legacy by a subsequent portion given by a parent, n. 566, o93.
Or one in loco parentis, ii. 566, 59 I. 595.
And when money is paid for use -;/' child as well as when it u paid to /nm, u.
Total, if the portion be equal to, or greater than legacy ; partial, if it be less, ii.
566. , ,
Presumption not repelled by slight difference between legacy and a portion, n.
As by their being payable at different times, ib.
Or from the limitations bring different ib.
Observation of Lord Si. I.. ards on /,<-/â€¢./ Durham v. Wharton, ib.
Legacy to a mother and children satisfied pro tanto by a gift of a promissory
note to the lather and mother, ii. 568.
Where rule applicable when will is subsequent to the advancement, ii. i>G*, 594,
."> '. I ."> .
Legacy adeemed by settlement or advancement, not set up by codicil confirming
the bequests in the will. ii. 5(18.
Nor does such codicil furnish any evidence against ademption, n. 569.
Unless codicil treats the legacy as existing, ib.
Presumption of satisfaction may be repelled by intrinsic evidence, ib.
As where bequest and advancement are not ejusdem generis, ib.
Where legacy is certain, and advancement depends on a contingency, ib.
Unless, perhaps, it be remote, ib.
Whether bequest of residue is satisfied by a subsequent portion, ib.
Semble, since Lady Thynne v. Earl of Glengall, it would be held so, ib.
Legacy to child limited over on contingency, adeemed by subsequent advance-
ment to child, ii. 560, 569.
And person entitled under the limitation over deprived of all benefit, ib.
Advancement may lie made at other times than on marriage, ii. 570.
If in writing described as a portion, ib.
If not in writing, may be proved to be intended as such, ib.
Court will not add up small sums for a portion, ib.
2. Satisfaction of a portion by a legacy from a parent or person in loco parentis.
ii. 570, 600, 601.
'1 otal, if the legacy he ec,ua. to, or greate, than the legacy , p r â€ž ta ,â€žâ€ž, â€ž Iess a
B Xlf Â£*" ""' be a Sa,is& Â« i0 Â° rt Â°% or Pro tanto, according to its
^SlToT " 0t rePe " e<l ^ S,i = h ' *â– â– â€” ""weea portion and legacy, ii
gas ;: stersssfi^r- ia pareat ' a **â– * *â€¢
.. a!;:.^;'^ o?e u vi:;,:;;:::â€ž'^r;:.'::,, , ;: ll ^ s 1 â„¢- 6 ' u r m -r acaseofeieetio.,, S1 ,
_ ""Â»Â« of the tntheactioe 1 SrTsH 5,5 SWS ""'^ 'Â° ^ ^
Not admissible in contradiction to a written instrument ib