The Law Recorder : Containing Reports of Select Cases And Decisions, Chiefly On Points of Practice, in the Courts of Equity And Common Law in Ireland, From Hilary Term 1833 to Trinity Term 1833 (Both Inclusive)
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Lord MusKEiiRY V. Chixnery. Demurrer to an interrogatory , seeking information as to the dates, S^c of the tvitnesss title deeds, allowed. Witness not compellahle to ansicer where directly interested in the matter to be examined to, or in the sidject- matter of the suit. This was a demurrer taken by Mr. LaTouche, to second and third inter- rogatories, exhibited to him (ui behalf of the defendant, Lady Chiniuiiy. A motion liad been made, on a former day, that tiie examiner shoiiid fur- nish a co...py of the interrogatories and demurrer, and an order was ther« upon made accordingly, and that the demurrer siiould be set down for ar- gument on this day.* • See case supra, 5 Law Recorder, New 5eries, 85. law ; but in every such case, where the alleged trustee has or claims a bencfiiial interest, adverselj' to the party seeking such conveyance or iran^t'er, no order shall be made for tii« execution of a conveyance or transfer by such alleged tru-^tee, until after it. lia^ been Ue- clared by the Court of Chancery, in a suit regui.iny instituted in such Court, iliwt sutli person is a trustee for the person so sevking sui h couvev ance or tva' fei ; but this act shall not extend to cases upo;i petition, oi casts arising out uf the ductripe of eieciion in ctj^uity, «r to a tendor, except in any case Uiereia bufure cxi^rcssly provided lor.
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