English Reports in Law and Equity

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Allfrey v. Allfrey. Malins and Rasch, for the devisee, objected to the point being tried in an action, contending that the heir at law was only entitled to have an issue devisavit vel non, if he were entitled at all to any farther investigation, after a verdict found against him. Knight Bruce, V. C. It...
More Description

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: Allfrey v. Allfrey. Malins and Rasch, for the devisee, objected to the point being tried in an action, contending that the heir at law was only entitled to have an issue devisavit vel non, if he were entitled at all to any farther investigation, after a verdict found against him. Knight Bruce, V. C. It must appear in the decree that the heir at law elects to bring an ejectment rather than an issue devisavit vel non. I am of opinion that he is entitled to have such an action rather than an issue, especially according to the modern course of decision. Allfrey v. June 25, 1851. Impertinence. The defendants, in their third further examination before the master, annexed five schedules to their examination, in which a large mass of matter set forth in their previous examinations was repeated: ? Held, that the repetitions were impertinent; and it was referred to the master to expunge them. By the decree made in the cause, dated the 28th of May, 1847, (see 11 Jur. 981, ) it was declared that the plaintiff was not bound by the settlement of accounts of the 7th of May, 1825, and the 11th of January, 1828, in the pleadings mentioned, with Edward Allfrey, deceased, the administrator of George Allfrey, deceased, the intestate therein named; and that such accounts ought to be opened; and it was referred to the master to take the usual accounts of the intestate's real and personal estates, with certain special directions; and the parties were to be examined upon interrogatories as the master should direct. On the 28th of May, 1849, the master allowed interrogatories for the examination of the defendants, George Allfrey, Margaret Allfrey, and Robert Allfrey. On the 30th of July, 1849, the defendants put in their examination to the interrogatories. On the 5th of February, 1...