Page:United States Reports, Volume 1.djvu/443

432 1789.  point are express and numerous. By the statute of 13 Eliz.c. d. all leases by ecclesastical bodies for longer terms than three lives or twenty one years are declared “utterly void to all intents and “ purposes, any law, custom, or usage, to the contrary thereof “ notwithstanding;” and, yet, as no Legislature could mean to make a man's act void against himself, the mischief, which was the impoverishing their successors, has always been deemed sufficiently suppressed by vacating longer leases, during their lives, being not within the mischief, are not within the remedy. 1''Black. Com.'' 87. Were it otherwise, the grantors would be allowed to do wrong to other persons. 3''Bac. Abr.'' 390. And every principle that applies in that cafe, equally applies in the one before the Court. By the act of Assembly 1 State Laws 520. an absolute conveyance, not recovered within six months, is made void against a subsequent purchasor for a valuable consideration ; but, let us suppose, that such subsequent purchasor had notice of the previous conveyance, it is certain that he would not be protected by the act, although his cafe would come fully within the words.

Thus, also, the words of the English statute of frauds and perjuries, 29 Car. 2. c. 3. s. 1 are as strong as those in the act now under discussion ; and any agreement which is not to be performed within a year from the making thereof, is declared to be invalid both in law and equity; and, yet, if an agreement to lease for a longer term is confessed in an answer to a bill in Chancery, the Court will compel the party (though the law has expressly declared the agreement void) to execute the lease. In Cowp. 141. 2. is a case within the letter of a rule of the King's Bench, respecting warrants of attorney given by persons in custody, and, yet, as it was not within the intent,  the Court refused to consider it within the remedy. But, it is clear, that, if the common law could not grant relief, a Court of Equity would ; 2''Eq. Ca. Abr.'' 684. 1 P.Will. 279. See 4 and 5. W. and M. c. 20. And this Court exercises both jurisdictions. Against Levine, the Defendant has a specific lien in equity, though the mortgage has been void (which is denied) at common law ; and, notwithstanding the action is brought in his name for the use of others, the assignees can be in no better situation than the assignor, and are bound by the same equity. 1 Chan.Cases. 170. If, indeed, a judgment, or mortgage, had been obtained by any person before the sale of the land, and actual payment of the money to the Defendant, the preference so obtained at law, would have been conclusive against him: but, as the case stands, the Court will do justice and support right. If a father conveys to a child for love and affection, though this will not be good as a bargain and sale, it is good in equity as a covenant to stand seized to uses. 3 ''Eq.Ca. Abr.'' 482. pl. 19. See how far a deed operates against the maker ; 4 Burr. 2209. And the relief in cases of defective titles. ''Gilb. For. Rom.''228. 1Eq Ca Abr. 357. 385.