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good assent or assignment for all the purposes of Evidence. title; but there is not any legal evidence to prove the right to make such assent or assignment: see 1 Cru. Dig. 264, s. 32. As soon as probate has been obtained, then the defect of evidence is supplied, and there is a good title in point of fact and of law, and the relevant and proper evidence to support that fact. The doctrine that an executor may assign or release before probate, has frequently led to the conclusion, that a title would be good without obtaining probate (see Dyer, 367, a, (39)); and vendors have resisted the right of a purchaser to require the will should be proved. It seems clear, beyond all doubt, that in transactions of a recent date, the purchaser is entitled to require that the will should be proved; but there are many cases in which a purchaser may forego his strict right without any risk to his title.

risk to his title. The will may be proved at any time, and even after the death of an executor; and whenever the will shall be proved, the assent or assignment will be admissible in evidence, and establish the deduction of the title from the executor: 3 Prest. Abst. 146; vide infra, tit. ASSENT

When a devisee of a term enters and remains in Presumption possession for a long time (as four or five years), of assent. that is evidence of assent to the devise on the part of the executors; and where the devisee had quitted possession shortly after entering, it was left to the jury to determine whether that was evidence of assent; and whether a contract by the devisee to grant an underlease was entered into in her own right, or as agent to the executors : Richardson v. Gifford, 3 Nev. & M. 325 (?). Where a leasehold estate was devised to A., and the administrator with the will annexed paid the rent for six years, and charged it

(?) Whether or not the assent of an executor has been given to a legacy, is a question of fact for the jury, even though it "depends upon the careful and somewhat critical comparison of the terms of a deed with other circumstances and facts of the case:” per Alderson, B., in Mason v. Farnell, 12 M. & W. at

P. 682.

B.- VOL. I.



to A., it was held, in ejectment by A., to be sufficient evidence of the administrator's assent: Doe d. Maberley v. Maberley, 6 Car. & P. 126. But where a life interest in furniture was given to an executrix, her taking possession was held to be no assent to the bequest in remainder: Richards v. Browne, 4 Scott, 262. See also Doe d. Hayes v. Sturges, 7 Taunt. 217; 2 Marsh. 505; Foley v. Burnel, 4 Br. P. C. 34. After the death of the executor, having paid the debts, his assent may be presumed: Cray v. Willis, 2 P. Wms.


Redemption of land-tax.

Land-tax.]-Redemption of the land-tax is proved by the certificate of the commissioners, with the receipt of the cashier of the Bank of England, and memorandum of registration. See 42 Geo. 3, c. 116, s. 38. See also Buchanan v. Poppleton, 4 C. B., N. S. 20. Land-tax is presumed to be a charge on property agreed to be sold, unless the contrary is stated in the agreement. As to the validity of sales by bodies corporate, for the purpose of redeeming the land-tax, see sects. 69, 76 of that Act, and 16 & 17 Vict.c. 117; and see Warner v. Potchett, 3 B. & Ad. 921. As to merger of redeemed land-tax, see Blundell v. Stanley, 13 Jur. 998; Neame v. Moorsom, L. R., 3 Eq. 91; also Kilderbee v. Ambrose, 10 Exch. 454, where the tax had been redeemed by an ecclesiastical incumbent.

Note. In the third edition of this work, at p. 188, there followed in this place tables of the regnal years of the kings of England and of law terms, &c. The practice of giving, in abstracts, the date by reference to regnal years having for many years past become obsolete, and law terms having been abolished, so far as relates to the administration of justice (see Judicature Act, 1873, sect. 26), it has not been considered worth while to reproduce these tables in the present edition.



ROBERT SMITH, and Thomas Brown (Mortgagees selling under their Statutory powers of Sale) (a), to certain Freehold Messuages and Hereditaments in the

Parish of Thorpe, in the North Riding of Yorkshire. Dec. 8 INDENTURES OF LEASE AND RELEAse, by way of mortgage, & 9, BETWEEN William Watts, of the one part, and John Murray,

1840. of the other part.

IT WAS WITNESSEN, in consideration of £1,000 to said William
Watts, paid by said John Murray, said William Watts did
grant, bargain, sell, remise, and confirm, unto said John Murray,
his heirs and assigns (inter alia),

ALL that messuage or tenement, with the yard,
orchard, barn, and other appurtenances unto the
same belonging, commonly called Drake's, in the
parish of Thorpe, in the North Riding of the county
of York, in a street there, called Jock's End, between
the King's highway or street there on the west part
thereof; the messuage thereinafter mentioned and a
land sometimes called Smith's way, on the north part
thereof; a field called Scott's field, on the east part ;
and an inn, called the Cavalier, on the south part
thereof; and then in the tenure or occupation of
Thomas Wood, his under-tenants, or assigns :
AND ALSO ALL that other messuage, cottage, or tenement,
situate, standing, and being in Thorpe aforesaid, in
the said street called Jock's End, and adjoining to the
aforesaid messuage or tenement, and commonly called
or known by the name or sign of the Old Plough,
being then in the tenure or occupation of Mary
Edwards and John Metcalf, or one of them, their,
or one of their assigns, or under-tenants :

(a) See Conveyancing and Law of Property Act, 1881 (44 & 45 Vict. c. 41), sects. 19, 20, 21 and 22; and see post, tit. MORTGAGES.

Dec. 8

& 9. 1840.

AND ALSO ALL and singular other the freehold mes-
suages, cottages, lands, tenements, hereditaments, and
premises whatsoever of him said William Watts,
situate, lying, and being in Thorpe aforesaid ;
And all and singular cellars, sollars, &c.;
And the reversion, &c.;

And all the estate, &c. :
To hold the same unto the said John Murray and his
heirs :

To The Use of the said John Murray, his heirs and

assigns, for ever.
Proviso for making void the now abstracting indenture, on
payment, by said William Watts, of £1,000, with lawful
interest, on the 8th June, then next.
COVENANT for payment of said £1,000 with interest.
COVENANT by said William Watts, that he had right to convey ;
FREE from incumbrances;
That he was well seised ;
For quiet enjoyment by mortgagee after default;
FREE from incumbrances;
For further assurance after default;
Proviso for mortgagor's quiet enjoyment until default;
COVENANT for insuring, and assigning policy of insurance.

Executed by all parties, attested, and RECEIPT
for consideration indorsed.
REGISTERED at Northallerton, 27th February,
1841. B. 2, No. 419.

Sept.8, INDENTURE OF RELEASE, made in pursuance of the Act passed 1844. in the 4th and 5th years of the reign of her Majesty Queen

Victoria, and intituled “An Act for rendering a Release as
effectual for the Conveyance of Freehold Estates as a Lease and
Release by the same Parties,” BETWEEN said John Murray, of
the first part; said William Watts, of the second part; and
Henry Green, of the third part.

RECITING the herein before abstracted indentures of the
8th and 9th December, 1840.
Reciting that the said principal sum of £1,000, secured by
the said therein in part recited indentures, remained due to
the said John Murray, together with £37 10s. Od., interest

to the day of the date thereof.
IT WAS WITNESSED, that in consideration of the sum of

Sept. 8, £1,037 108. Od. to said John Murray, by direction of said 1844. William Watts, paid by said Henry Green in discharge of

principal and interest due, and in consideration of the further
sum of £722 10s. Od. to said William Watts, paid by said
Henry Green, said John Murray did bargain, sell, release, and
for ever quit claim, and said William Watts did grant, ratify,
release, and confirm unto said Henry Green, his heirs and

All [the before abstracted premises] ;
And all and singular cellars, sollars, &c.;
And also all and singular the freehold messuages, &c.,
of him, said William Watts, situate in the said parish
of Thorpe;
And the reversion, &c.;

And all the estate, &c. :
TO HOLD the same unto said Henry Green, his heirs and
assigns ;

TO THE ONLY PROPER USE and behoof of said Henry

Green, his heirs and assigns, for ever.
COVENANT by said John Murray that he had done no act to
COVENANT by said William Watts that he was well seised
(subject only to the before abstracted indentures of mortgage) :
That he or said John Murray had right to convey, and for
further assurance.

Executed by all parties, and attested, and RECEIPT
for consideration indorsed.
REGISTERED at Northallerton, 17th September,

July 3, The said Henry Green, by his Will, of this date, gave and 1854. devised his freehold messuages, lands, tenements, and heredita

ments whatsoever, with appurtenances, situate in the parish of Thorpe, aforesaid.

To John Foot, Thomas Wing, and Edward Morton, their heirs and assigns,

IN Trust, that they, or the survivors or survivor of them, his heirs and assigns, should, as soon as might be after his decease, sell and dispose of the same by public

auction. And for facilitating the sale thereof, he did order and direct that the receipts of the said John Foot, Thomas Wing, and

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