Dockcting was necessary as against purchasers.

Bat purchaser was hound in Equity by notice of undocketed judgment.

Equity aided judgment creditor against equitable estates.

Judgment, how affected by bankruptcy.

Purchaser without notice protected by legal estate.

(y) Sed aliter, as against the debtor's personal representatives; Ran-ken v. Harwood, 5 Ha. 215.

(z) Prid. on J. 13.

(a) Ibid. 47, 49.

(b) Ibid. 51; Sug. 661.

(c) Prid. on J. 25.

(d) Neate v. Duke of Marlborough,

3 Myl. & C. 407; Smith v. Hurst, 1 Coll. 705.

(e) 6 Geo. IV. c. 16, s. 108; see now 12 & 13 Vict. c. 106, s.184: and see Coote on Mortgages, 3rd ed. 68.

(f) Sug. 659.

(g) Tunstall v. Trappes, 3 Sim. 286, 299.

But the exercise of a power of appointment defeated a judgment entered up subsequently to the creation of the power, and notice in this case was immaterial (h), for the judgment only affected the estate limited until and in default of appointment.

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, if well created, was not affected by subsequent judgments; 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.

By the 11th section of the 1 & 2 Vict. c. 110, (as modified by the 2 & 3 Vict. c. 11, and 3 & 4 Vict. c. 82,) a judgment, duly registered, entitles the creditor to take in execution, except as against purchasers or mortgagees who became such before the 1st day of October, 1838, and also purchasers and mortgagees without notice (o), 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, at the time of entering up (p) the said judgment, or at any time afterwards; 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."

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

Effect of judgment after contract.

Extended legal remedies of creditor under new law.

(h) 3 Sim. 300; Eaton v. Sanxter, 6 Sim. 517; Skeeles v. Shearly, 3 Myl. & C. 112.

(i) Sug. 653.

(k) PriJ. on J. 21.

(l) Brunton v. Neale, 14 L. J., N. S., Ch. 8.

(m) Lodge v. Lyseley, 4 Sim. 70.

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

(o) 2 & 3 Vict. c. 11, s. 5.

Under these provisions, it will be observed that, under an elegit, the creditor can take the entirety (instead of a mere moiety) of the property; and this right extends to copyholds, estates subject to a general power of appointment, and, (probably,) terms for years and simple trusts thereof (q); and that, as respects legal terms for years (r) and equitable estates generally, the judgment is now binding from the time of its being entered up, instead of, as formerly, from the date of execution.

It is also observable, that the estate of a joint-tenant is extendible as against a surviving joint-tenant, and not, as formerly, merely for the life of the debtor.

It also seems probable, that the judgment creditor of a tenant in tail, (where there is a protector,) can take the land in execution as against the issue in tail; and that the judgment creditor of a tenant in tail, (where there is no protector,) can take the land in execution, not only as against the issue in tail, but also as against remaindermen.

It does not, however, appear, that the creditor acquires any remedy at Law against equitable estates, except in cases of simple trusts in favour of the debtor; e. g., it is conceived that an equity of redemption cannot be taken in execution (s), but that land held simply in trust for the debtor at the date of the judgment can be taken in execution, notwithstanding intermediate alienation, (unless to an alienee for valuable consideration and without notice).

(p) That is, the day on which judgment is originally signed in the Master's book, not the day on which the roll is carried in and the judgment is entered of record; and this, although the original entry in the Master's book he subsequently amended on a revision of the taxation of costs: Fisher v. Budding, 3 Man. &

G. 238; Newton v. Grand Junction. Railway Company, 16 Mee. & W. 142; but see Peirce v. Derry, 4 Q. B. 635.

(q) Prid. on J. 68; Sug. 667; see however Cooteon Mortgages, 3rd ed. 44.

(r) Sug. 667.

And by the 13th section of the 1 & 2 Vict. c. 110, (as modified by the two later Acts,) a registered judgment is (except as against purchasers or mortgagees without notice, or who became such before 1st October, 1838,) made to "operate as a charge upon all lands, tenements, rectories, advowsons, tithes, rents, and hereditaments (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, and shall 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 shall also 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 that every judgment creditor shall 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" (t).