or of the money arising from the annuity, not placed out in one or more purchafe or purchases, to the ufe of fuch child and chil dren in fuch share and proportions, payable at 21, as the furvivor of the husband and wife fhould by will or deed direct, limit, and appoint; in default thereof, to the ufe of all fuch children, equally to be divided, at their respective ages of 21; but if he fhould die without leaving any child or children, or all should die under 21, then to the ufe of the grantor, his heirs, executors, adminiftrators, and affigns; and after paying the faid annuities to be poffeffed of all the furplus money arifing from the faid tolls during the remainder of the term for the use of the grantor, his executors, &c. from the death of the grantor, who furvived the wife's mother: The trustees received 100l. a-year, and laid out in ftock the fums received and the produce. One fon was the only iffue. He attained 21 in the life of his mother, and furvived her. The court would not inveft the fund in land: but held it, with the accumulations from the death of the grantor, and the future payments, a vested intereft in the fon at 21, and as perfonal estate belonging to his administrator. 3 Vef. jun. 41. Feb. 1796. Swann v. Fonnereau.

28. A real estate devised to be fold, and the produce difpofed of with the perfonal eftate, with a power to direct the fund to be laid out in land; no fuch direction having been given, it was held perfonal property. 3 Vef. jun. 450. July 1797. Maberly v. Strode.

29. If an eftate be declared charged with legacies, which fail, the devifee, and not the heir, fhall have the benefit of it. 4 Vef. jun. 811. July 1799. Rennell v. Abbott.

30. There is no equity between the heir, or the devifee and the perfonal representative to convert property from the state in which it is found at the time when the death takes place. 5 Vef. jun. 303. 1800. Attorney-General v. Bowyer.

31. To convert real or perfonal property, from the state in which it is found at the death, as between the real and perfonal representatives, the character of land or money muft, by the truft, covenant, &c. be imperatively and definitively affixed to it. 5 Vef. jun. 388. May 1800. Whelpdale v. Partridge.

15Vin. 40. (B) Where Money being ordered to be laid out in Land, and fettled, Chancery will decree the Payment, or enforce the laying it out.

IBY Y articles previous to the marriage of A. G. with the plaintiff, reciting her portion to be 2800/., and that the defendant, as an advancement of his brother, &c. had agreed to pay 4000l. It was agreed to be laid out in the purchase of lands, or in fome church, college, or other renewable leafe, to be settled to the fame uses as the freehold and leasehold eftates, which A. G. was feifed and poffeffed of, are appointed to be fettled; the laft

limitation

imitation to A. G. and his heirs. 2800l. and 4000l. were never laid out in land, but remained in money to A. G.'s death. He, by will, devifed all his freehold, leafehold, and copyhold eftates, lying in Hington and Hampshire, or elsewhere, to the plaintiff for life, and after her death to the defendant and his heirs; and his personal eftate, after paying his debts and legacies, he gave to the plaintiff, and made her and the defendant executors. The 2800/. and the 4000l. were ordered to be laid out in the purchase of lands of inheritance, or in church and leafehold lands. The court being of opinion that if there had been only a general devife of his lands this money would certainly have paffed. 3 Atk. 254. 1745. Guidot v. Guidot.

2. Teftator contracts for a particular eftate, but dies before the purchafe is completed; afterwards, from the state of his affairs, the contract was diffolved; yet the purchase-money fhall not fink into his perfonal estate, but be laid out to the fame ufes as he had divifed the land contracted for. 4 Bro. Ch. Rep. 31. 1792. Whittaker v. Whittaker.

3. Teftator directed money to be laid out in manors, lands, te nements, tithes, and hereditaments, or very long terms, with li mitations applicable to real estates: the money not having been laid out, the crown, on failure of heirs, has no equity against the next of kin to have it laid out in real estate, in order to claim by efcheat; the devifees; on becoming abfolutely entitled, have the option given by the will: and a deed of appointment by one, who was a feme covert, was held fufficient indication of her intention, that it fhould continue perfonal against her heir claiming it as ineffectually difpofed of for want of her examination. 2 Vef. jun. 170. 1793. Walker v. Denne.

4. Money bequeathed to A., to remain at intereft, or to be by him laid out in real eftates, to go with other estates devised. A, being tenant in tail of the real estates, and being entitled under an affignment of the money from the reverfioner, subject to contingent limitations, difpofed of the money by will. The court inclined in favour of the difpofition, upon the ground that A. might have called for the money as abfolute owner; but it was established upon the option to continue it perfonal eftate. 3 Vef. jun. 583. 1798. Amler v. Amler.

5. Teftator devifed a real estate to A. in tail male; remainder over; and gave a fum of money in truft to be laid out in land, to be fettled to the fame uses: by codicil he devised the fame real eftates to B. and his heirs: and gave every thing he had given by his will to A. in as ample a manner to B. B. is tenant in fee of the real eftate, and is entitled to have the money paid him. 4 Vf jun. 101. July 1798. Younge v. Combe.

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15 Vin. 45.

Latitat.

(A) Latitat. What it is; and the Intent of it.

1. L
ATITAT is the true commencement of actions brought
by bill of Middlefex, within the meaning of the ftature of
limitations. Johnson and another, Affignees, &c. v. Smith. 2 Burr.
950.

2. Though the latitat is holden to fave the bar within the equi ty and reason of the statute, yet it must be taken out with intent to declare in that action, and must be continued to the filing of the bill. lb. 961.

3. Where the true time of fuing it out is material, it may be fhewn, notwithstanding the tefte. ib. gro to 969.

4. The tefte of a latitat fued out in vacation must be of the preceding term. Ib. 964.

5. A latitat is a good commencement of a penal action, ib.; and may bear date before the caufe of action, if really profecuted after. lb. 967.

6. By the general rule and courfe of the King's Bench, the bill is the commencement of the fuit; and the latitat, except where it is replied to the ftatute of limitations, or to avoid a tender, or where it is given in evidence to fupport a penal action in point of time is confidered but as process. Foer v. Bonner, 2 Corp. 454. Therefore the time of fuing it out, except in the cafes above mentioned, is immaterial. Ib.

7. But in these excepted cafes, the time of fuing out a latitat is material. As where, upon an action brought upon the ftat. 8 Geo. 1. c. 19. (which directs all profecutions upon it to be brought before the end of the next term after the offence committed) it was manifeft upon the face of the declaration that it was out of time, the memorandum being of Trinity term, and the declaration stating that the defendant, after the first day of Hilary term, and before the exhibiting the plaintiff's bill, viz. on the 27th of January, kept a lurcher; yet, upon proof at the trial that the la titat was fued out within time, it was holden fufficient. lb.

8. In all fuch cafes the defendant is entitled, as well as the plaintiff, to fhew the true time of the latitat iffuing. H.

(A) Levant and Couchant.

ANY

167.

NY cattle levant and couchant may be diftrained for rent-
fervice, or a rent charge. Kempe v. Crews, 1 Ld. Raym.

2. The cattle of a stranger levant and couchant thereon are iffues of the land, and as fuch may be fold under a levari facias. Britton v. Cole, Comyns's Rep. 52.

Lien.

(A) What is a Lien on the Lands.

1. A Husband has a mortgage on his eftate; the wife joins with him in charging her own; if fhe furvives, her eftate fhall' be looked upon only as a pledge, and fhe is entitled to be fatisfied out of his estate, as standing in the mortgagee's place. 2 Atk. 384. 1742. Parteriche v. Powiet.

2. A decree is not equal to a judgment to affect lands, though it is in a course of administration. 1 Vef. 496. 1750. Afley v.

Porvis.

3. George Stephenfon died inteftate, leaving feveral co-heirs, of which the plaintiff was one; and a partition being afterwards made, an estate called Bomfide, and other lands, were allotted to the plaintiff, and by her direction conveyed to her and her fon, John Fawell, their heirs and affigns. On the 29th July 1768, the plaintiff conveyed her intereft to her fon and his heirs, and took his bond for the confideration-money. John Fawell afterwards became infolvent, and in 1770, conveyed this and his other eftates to certain perfons, in truft for themselves and his other creditors. The plaintiff having received 280. only in part difcharge of the bond, filed her bill against the affignees to be paid the remainder out of the money to arife by fale of the eftate; but the court was of opinion that the vendor having parted with his eftate, and taken a fecurity for the confideration, had no lien upon the eftate against the creditors of the purchafer. Amb. 724. 14th June 1773. Fawell v. Heelis and others. Dickins's Rep. 485. S. C. 4. Where,

N 2

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75 Vin. 96,

15 Vin. 98.

4. Where, upon a fale of lands, bonds are taken for the purchafe-money, which is not paid; quare whether the vendor has a lien on the lands? 1 Bro. Ch. Rep. 420. 1784. Blackburn . Gregson.

5. A. purchafes an estate of B., without notice of rent-charges, &c. the vendor covenanting that there were no incumbrances : the purchase-money is laid out in the funds, and B. afterwards fells the dividends for his life (fecured by letter of attorney) to C. who has no notice. A. is evicted by the grantee of the rentcharge; he has no lien on the funds purchased, against C. 2 Bro. 282. 1787. Cator v. Earl of Pembroke and others. Bro. 301. S. C.

6. An affignment of rents and profits is an odd way of conveying; but it amounts to an equitable lien; and would entitle the affignee to come into equity and infift upon a mortgage: an affignment of deeds alone is fufficient for that purpose: and in this cafe there is a covenant for further assurance. 1 Vef. jun. 161. 1790. Ex parte Willis.

7. In this cafe it was faid per Lord Chancellor, that an equitable lien was an equitable obligation to do according to confcience, and that a devife of it is good in equity. 1 Vef. jun. 251. 1790. Perry v. Philips.

8. An adminiftratrix cannot be allowed payments made after a decree to account; but he ftands in the place of the creditors the has paid. 2 Vef. jun. 518. 1794. Jones v. Jukes.

9. The devifee aliens; the land is not fubject to the specialty debts of the devisor. 2 Anstr. 506. 35 G. 3. Matthews v. Jones.

I.

(B) What Agreement is a Lien on the Lands.

•M. Agreed to purchase an eftate of the plaintiffs for 1200/ but died before he paid the whole of the purchase-money: and by his will, after giving 800l. legacy to his fifter, devises the eftate purchased, and all his perfonal eftate, to J. K., and makes him executor: J. K. commits a devastavit of the personal eftate, and dies, and the perfonal eftate defcends on B. K. his fon. The court, to give the legatee a chance of being paid her legacy out of the perfonal eftate, directed the plaintiff to take his fatisfaction out of the purchafed eftate for the remainder of the purchasemoney. 3 Atk. 272. Feb. 1745. Pollexfen v. Moore.

2. Where a conveyance is made of land, and the money not paid, as against the vendee, his heir, or any claiming under him as purchafer, with notice of the equity; the land may be reforted to. Said per Lord Chancellor. 2 Vef. 622. July 1755. Walker v. Prefwick.

3. A leafe having been pledged by a perfon, (who afterwards became a bankrupt,) to the plaintiff as a fecurity for a fum of money lent to the bankrupt, the pledgee brought his bill for a fale of the leafehold eftate, which was decreed. 1 Bro. Ch. Rep. 269. 1783. Ruffel v. Ruffel.