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and Frances West, and to the heirs of their bodies as tenants in common; with cross remainders to each of them, and the heirs of their bodies respectively; remainder over to the other uses limited in the said marriage articles, after the limitation to the heirs female of the said Richard Erisey lawfully begotten: And that the respondents Mary Erisey and Thomas Barrable should severally account for the rents and profits of the said lands, grown due since the death of Richard Erisey, and which had severally come to their hands, wherein they were to have all just allowances, and to be examined upon interrogatories, as the Court of Exchequer should direct; and after such account taken, should severally pay what should be found due from them respectively to the appellants; and that they should severally deliver possession of the said lands to the appellants, and bring into the Court of Exchequer all deeds, evidences, and writings, in their several custodies, power, or possession, relating to the title of the said lands, or of any of them, to be disposed of as the said Court should direct: And it was further ordered and adjudged, that the Court of Exchequer should cause an account to be taken of all the lands contained in the said marriage articles, sold by Richard Erisey, and the purchase money for which they were sold, and compute interest for the purchase money from the death of Richard Erisey; and that the respondent Mary Erisey, as the executrix of the said Richard Erisey, should pay and satisfy the said purchase money and interest, out of the assets of the said Richard Erisey come to her hands; and if she should not admit assets, then an account was to be taken of assets, wherein she was to have all just allowances, and be examined upon interrogatories, and produce all books, papers, and writings relating to the testator's estate, as the court should direct; the said interest was to be paid to the appellants, and the said purchase money to be laid out in a purchase of lands, to be settled to the same uses as the lands before mentioned; and the Court of Exchequer was to give all necessary and proper directions for the making this judgment effectual. (Jour. vol. 23. p. 186.)
[234] Case 28.—David Chesman, et Ux.,—Plaintiffs; Margery Nainby, Widow,—Defendant (in Error) [22d February 1727].
[Mew's Dig. iv. 196, vii. 582. See Maxim Nordenfelt Guns, &c. Co. v. Nordenfelt [1893] 1 Ch. 630, 652.]
Viner, vol. 5. p. 96. note to ca. 21.
In Easter term 1725, an action was brought by the defendant in error against the plaintiffs, in the Court of Common Pleas, on a bond dated the 5th of October 1721, for £100 entered into by the plaintiff Elizabeth, when unmarried, to the defendant. To this action the plaintiffs pleaded, and set forth the condition of the bond, which was in the words following, viz.
Whereas the above-named Margery Nainby, at the special instance and request of the above-bounden Elizabeth Vickers, is to take her the said Elizabeth Vickers for her hired servant, to attend in her shop, and to inspect her customers there, and to shew her goods, and further to stand by and assist her the said Margery in her said trade and business of a linen draper, whereby it is presumed, the said Elizabeth, if she continues any length of time in the said service of the said Margery, may become a perfect and knowing person in the said trade and mystery. And whereas the said Margery Nainby consents to hire and take her the said Elizabeth Vickers, upon and in consideration only, upon the express promise and agreement of the said Elizabeth, that she shall not nor will, at any time after she shall have left the service of her the said Margery, set up or exercise the said trade or mystery of a linen draper, either by herself or by any other person or persons in trust for her, or for her use, either directly
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