ESTATE-continued.

tail, inalienable, 408.

in advowson remainder after, 490.

for life in equity of redemption, 465.

is equitable estate barred at same time as legal, 419.
of intestate, administrator's right to appropriate part of, 456.

ESTATES, future, 287, 314.

particular, and remainders created by settlement, 322.
tail, limitations affecting, 401.

acknowledgments as to, 409.

disabilities, 409.

in advowsons remainders after, 490.

ESTOPPEL, tenancy by, 360.

acknowledgment by deed operating as an, 462.
persons who enter under will bound by, 499.

EVIDENCE parol, of acknowledgment, 99, 381.
of admission of part payment, 120.

of part payment (3 & 4 Wm. IV. c. 42, s. 5), 157.
of date of payment, 157.

possession, 290, 300.

lease, 300.

as to when tenancy at will began, 344.

that occupation is permissive, 346.

of determination of tenancy from year to year, 360.

under lease in writing, 360.

of conveyance for value by trustee, 443.

EXCHANGE, Bills of. See BILLS OF EXCHANGE.

EXCLUSION by one partner in title, 376.

EXCLUSIVE possession, 289, 295.

of part of land, 378.

EXECUTED and executory interests, distinction between, 265.

consideration, distinction between, 548.

EXECUTION, limitation of right to issue, 169, 179.

EXECUTOR, action against founded on devastavit, 10.
debt due to testator from, 17.

may pay statute-barred debt, 20, 603.

not taking advantage of statute in administration actions, 21.

right of to prefer creditors, 21.

has no right to retain specific legacies, 24.

of tenant action against, 40.

EXECUTOR continued.

goods left in heir's custody by, 42.

when time runs against, 48.

renouncing, effect of, 48.

by proving renders himself liable to be sued, 50.

of person dying under disability, right of action of, 62, 151.
disability of, supervening on disability of testator, 63, 151.
absence of, beyond seas, 64, 151.

acknowledgment by, 92, 551.

one joint, 103.

express promise of one, 93.

co-contractor becoming, 127.

effect of part payment by, on legatees, 129.
part payment by one, 159.

actions of tort by and against, 135.

of innkeeper, action against, for testator's negligence, 136.
actions against, for simple contract debts charged on land by will,
163.

legacy left on express trust to, 171, 250.

assent to legacy of, 171.

trustee for next of kin when, 173.

of personal estate for creditors, 257.

when a trustee for legatee, 183.

effect of judgment of revivor against, 178.

when compellable to pay legacy, 181.

legatee's right to compel to get in assets, 184.

being also person entitled to receive legacy, 187.
insanity of, 191.

of deceased partner and surviving partner, account between, 241.
claim against, founded on devastavit, 250.

cannot. set up devastavit as a defence, 250.

payment by, to beneficiaries under will in preference to creditors,

250.

keeping debt alive against devisees, 129.

pleading acknowledgment made to, 550.

right of to an account, 426.

by, 551.

provisions of Trustee Act, 1888, as to, 431.

EXECUTORY promise, breach of, 26.

and executed interests, distinction between, 265.

consideration, 548.

EXEMPTION of land from tithes, 278.

EXERCISE improper of power of sale in mortgage deed, 262.

EXISTING rent-charge devised by will, 309.

EXPENSES incurred by local authority made charge on land, 188.
proceedings before justices to recover, 531.

of extraordinary traffic on highways, recovery of, 533.
taking down and securing dangerous structures, 533.

by executor, 93.

trust, action by cestui que trust on, 10.

of legacy, 172, 174, 240.

necessary to oust operation of statutes, 247.

for payment of surplus on sale of mortgaged property, 248.
7th section of 3 & 4 Wm. IV. c. 27 only applies to, 356.
time when running against cestui que trust on, 417.

exception in 3 & 4 Wm. IV. c. 27, in favour of, 427.

provisions of 37 and 38 Vict. c. 57, s. 10, as to charges on land

secured by, 428.

what is, 432, 434.

resulting trust is an, 435.

receiver clothed with, 437, 445.

mere direct gift to charities does not create, 446.
when created by charge on land or money, 446.

EXTINCTION of right of action none by covenant not to sue, 41.
of annuity, 170, 306.

title to land by dispossession, 273, 277, 492.

advowson, 277, 492.

rent, 280, 302, 492.

estates tail and remainders, 410.

by non-payment of rent, 362.

payment of rent to wrongful claimant, 371.

non-payment of interest on mortgage, 462.

payment of rent after, 362.

service, 282.

tenure, 283.

tithe rent-charge, 284.

prevented by decree for arrears, 303.

outstanding tenancy from year to year, 360.

title of cestuis que trustent, 419.

mortgagor, 466.

EXTRAORDINARY traffic on highways recovery of expenses of, 533.

FACT ignorance of, no laches or acquiescence in case of, 266.
FALSE imprisonment a continuing cause of action, 45, 590.
FALSIFY and surcharge accounts, leave to, 263.

FATHER of infant, possession by, 379, 393.

FEE farm rent reserved by letters patent, arrears of, 201.
payment of by vendor of lands after sale, 303.

grant in Ireland, 216.

owner in, of existing rent-charge, devise by, 309.
effect of dispossession of, 321.

reversion in, purchased by sub-lessee, 370.
base, 405.

outstanding legal, acquired by disseisor, 424.
farm rents of Crown, 519, 520.

FELLING timber, action by remainderman against tenant for life for,

415.

FELONIES and misdemeanours in general, no limitations as to, 516.
exceptions, 526.

FEME Covert, promissory note to, 49.

administratrix or executrix, 49.

disability of, 54.

abolished, 56, 152, 392.

contracts binding separate estate of, 242.

laches or acquiescence of, 267.

conveyance by, 399.

FEOFFMENT tortious, of tenant in tail, 289.

by one tenant in common &c., 376.

by younger brother in possession, 379.

FIDUCIARY capacity, receipt of money by person in, 246.
character debtor clothed with, 251.

FIERI facias, action against sheriff for money levied under, 9, 141.

FILING of bill, when account not taken further back than, 433.
information in Exchequer is commencement of proceedings,

515.

FINAL decree of Court of Equity, 169.

FINE, action for, in respect of copyhold estates, 141.
no provision for acknowledgment of, 154.

levied with proclamations, 272.

FINES and Recoveries, Act for the abolition of, 273, 408.

FIRM receiving fund for investment, 260.

FORBEARANCE to sue, 41.

FORECLOSURE actions, are actions to recover land, 164.

42nd section of 3 & 4 Wm. IV. c. 27, applies to, 195.
interest recoverable in, 198, 202, 204, 472.

tacking in, 211.

limitation for, 164, 473.

form of plea of statute in, 546.

of mortgage of reversionary interest in personalty, 241.

land, 318.

absolute order of, new right given by, 269, 458.

FOREIGN judgment, debt on, not a specialty, 8, 169.

law of limitation, effect of, 58.

country, land in, 280.

Jurisdiction Act, 1878, limitation under, 583.

FOREIGNERS having cause of action, 58, 150.

FORFEITURE, right accruing by, 335-338.

for non-payment of rent, arrears payable for relief from, 214.
omission to enforce one, 338.

of estate under conditional limitation, 338.

for simony, right of Crown to present to benefice on, 489.

FORGED transfers of shares, when time runs against persons entitled,
44.

FORM of plea of Statutes of Limitation, 545.

FORMAL entry on land, 372.

FOUR years limitation, in assault and false imprisonment, 4.
months limitation (Contagious Diseases (Animals) Act, 1878)..

582.

FRANCHISES excepted from Nullum Tempus Act, 525.

FRAUD, discovery of cause of action prevented by, 37, 42, 46.
equitable relief against, 245, 261.

excepted from the Statutes of Limitations, 245.

Trustee Act, 1888.. 259, 430.

discovery of, prevented by misrepresentation of partner, 260.
time runs from, 263.

in settlement of accounts, 263.

is a ground of equitable jurisdiction, 263.

effect of laches and acquiescence in cases of, 263.
concealed, 449.

what is, 450.

reply of, 38, 556.

where discovery of, possible, 451.

contract through agent who knows of, 452.