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796 4 & 5 W. & M. CAP. 24, DEVASTAVIT. and see the observations of the Court and counsel, and the cases cited in Hopwood v. Watts supra. It appears, however, that a purchaser with notice may be affected by a judgment not docketed in a Court of Equity; and it seems that any notice is sufficient, Davis v. Earl of Strathmore, 16 Ves. Jun. 419, the decisions under the Registry acts being entirely applicable. 585 CAP. XXIV. An Act for reviving, continuing and explaining several Laws therein mentioned, which are expired and near expiring. XII. And be it further enacted by the Authority aforesaid, That an Act made in the thirtieth Year of the Reign of King Charles the Second, intituled, An Act to enable Creditors to recover their Debts of the Executors and Administrators of Executors in their own wrong; which said Act, in the first Year of the Reign of the late King -James the Second, was enacted to lie in force from the first Day of the then present Session of Par- liament, and to continue for seven Years, and from thence to the end of the first Session of the then next Parliament, shall be and is hereby continued and made perpetual. And forasmuch as- it hath been a doubt whether The said Act did extend to any Executor or Executors, Administrator or Administrators of any Executor or Administrator of Right, who for want of privity in Law were not before answerable, nor could be sued for the Debts due from or by the first Testator or Intestate, notwith- standing that such Executors or Administrators had wasted the Goods and Estate of the first Testator or Intestate, or con- verted the same to his or their own use: For remedy whereof be it further enacted and declared by the Authority aforesaid, That all and every the Executor and Executors, Administrator or Administrators of such Executor or Administrator of Right, who shall waste or convert to his own use, Goods, Chattels, or Estate of his Testator or Intestate, shall from henceforth be liable and chargeable in the same manner as his or their Tes- tator or Intestate should or might have been; any Law or Usage to the contrary notwithstanding. |
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| Volume 194, Page 796 View pdf image (33K) |
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