Purchaser under power of appointment, not affected by judgments, notwithstanding notice.

A judgment entered up against the vendor, subsequently to the contract but before conveyance, was immaterial in Equity (i), except that it formed a lien upon such part (if any) of the purchase-money as remained unpaid (k) ; and an ejectment against a purchaser in possession by a creditor who had sued out an elegit on such a judgment, would be restrained by injunction (l) : so, also, a trust for sale was not affected by subsequent judgments against any party upon whom such trust was binding; nor, if the trustee had power to give receipts, were the judgment creditors necessary parties to the conveyance (m); nor was it material that the sale was not by the trustees, but by the Court (n) ; and the same, it is conceived, is the rule under the new law. Even a voluntary settlement in favour of third parties is unaffected by a subsequent judgment against the settlor (o) ; but a voluntary trust for sale, when merely equivalent to an authority to sell, for the settlor's own benefit, would, it is apprehended, be subject to judgments entered up against him, prior to a binding contract being entered into by the trustee.

Effect of judgment after contract.

(e) Prid. J. 23.

(f) Neate v. Duke of Marlborough, (1838) 3 M. & C. 407: Smith v. Burst, (1845) 1 Coll. 705 ; S. 0., 10 Ha. 30 ; 23 L. J. Ch. 289 ; Godfrey v. Tucker, (1863) 33 Beav. 280; 33 L. J. Ch. 559. See this subject more fully discussed, inf. p. 1212.

(g) Gore v. Bowser, (1855) 1 Jur. N. S. 392 ; 24 L. J. Ch. 316, 440 ; Langhorne v. Harland, (1856) 2 Jur. N. S. 873.

(h) Tunstall v. Trappes, 3 Si. at p. 300 ; Eaton v. Sanxter, (1834) 6 Si.

517 ; 3 L. J. N. S. Ch. 197 ; Skeeles v. Shearly, (1837) 3 M. & C. 112; 7 L. J. Ch. 3, where an indemnity was taken against the judgment.

(i) Lodge v. Lyseley, (1832) 4 Si. 70 75 ; Sug. 14th ed. 519.

(k) Prid. J. 21 ; Forth v. Duke of Norfolk, (1820) 4 Mad. 505.

(I) Brunton v. Male, (1845) 14 L. J. Ch. 8.

(m) Lodge v. Lyseley, (1832) 4 Si. 70; and see Foster v. Blackstone, (1833) 1 M. & K. at p. 307 ; 2 L. J. N. S. Ch. 84; Browne v. Cavendish,

Equity aided judgment creditor against equitable estates.

By the Judgments Act, 1838, s. 11, (as modified by the Judgments Acts, 1839 and 1840,) a judgment, duly registered, entitles the creditor to take in execution, - except as against purchasers, mortgagees or creditors (p), who became such before October, 1838, and formerly purchasers and mortgagees without notice (q), - an entirety of "all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure, as the person against whom execution is so sued, or any person in trust for him, shall have been seised or possessed of at the time of entering up (r) the said judgment, or at any time afterwards; or over which such person shall, at the time of entering up suchjudgment, or at any time afterwards, have any disposing power, which he might, without the assent of any other person, exercise for his own benefit."

Extended legal operation of judgments under the Judgments Act, 1838.

(1814) 1 J. & L. 606, 628 ct scq. ; Robinson v. Hedger; (1849) 13 Jur. 846 ; 19 L. J. Oh. 463.

(n) Alexander v. Crosby, (1844) 1 J. & L. at p. 672.

(o) Beavan v. Lord Oxford, (1856) 6 D. M. & G. 507 ; 24 L.J. Ch. 311 ; 25 ib. 299. Sec now the Voluntary Conveyances Act, 1893.

(;;) Which seems to include simple contract creditors : He Perrin, (1842) 2 D. & War. 147 ; decided contra on the English Act, Simpson v. Morley, (1855) 2 K. & J. 71 ; see judgment and distinguish, Re Perrin.

(q) The Judgments Act, 1839, s. 5, repealed by the Land Charges Act, 1900.

(r) That is, the day on -which judgment is originally signed in the Master's book, not the day on which the roll is earned in and the judgment is entered of record ; and this, though the original entry in the Master's book is subsequently amended on a revision of the taxation of costs: Fisher v. Budding, (1841) 3 Man. & G. 238 ; Newton v. Grand Junction R. Co., (1846) 16 M. & W. at p. 143 ; but see Pierce v. Berry, (1843) 4 Q. B. 635.

And by the Judgments Act, 1838, s. 13, (as modified by the same Acts,) a registered judgment is, (except formerly as against purchasers or mortgagees without notice, or purchasers, mortgagees, or creditors, who became such before 1st October, 1838,) made to operate as a charge upon all lands, tenements, rectories, advowsons, tithes, rents, and hereditaments (s) (including lands and hereditaments of copyhold or customary tenure) of or to which such person shall at the time of entering up such judgment, or at any time afterwards, be seised, possessed, or entitled for any estate or interest whatever, at Law or in Equity, whether in possession, reversion, remainder, or expectancy, or over which such person shall at the time of entering up such judgment or at any time afterwards, have any disposing power which he might without the assent of any other person exercise for his own benefit (t) ; and is to be binding as against the person against whom judgment shall be so entered up, and against all persons claiming under him after such judgment; and is also to be binding as against the issue of his body and all other persons whom he might, without the assent of any other person, cut off and debar from any remainder, reversion, or other interest in or out of any of the said lands, tenements, rectories, advowsons, tithes, rents, and hereditaments; and every judgment creditor is to have such and the same remedies in a Court of Equity against the hereditaments so charged by virtue of the Act, or any part thereof, as he would be entitled to in case the person against whom such judgment shall have been so entered up had power to charge the same hereditaments, and had, by writing under his hand, agreed to charge the same, with the amount of such judgment debt and interest thereon. Provided that no judgment creditor shall be entitled to proceed in Equity to obtain the benefit of such charge until after the expiration of one year from the time of entering up such judgment (u). This proviso did not render it necessary that a year should have elapsed since registration (x). Since the Judicature Act, 1873, it is no longer necessary to sue out an elegit before obtaining equitable execution, but that Act does not authorise the granting of such relief in cases where, before the Act, no Court had such power (y).