case broom whorwood versus Simpson e contra in court die novemb Eq can ab pl S  c a article to sell land to b for pound the whole to be pay in money or so  much land return as will make up what he pay short of the pound a convey part  of the land to b and by his persuasion value that part at a undervalue and  then b sell this part to c and will then have return so much of the rest as  will make up the pound article set aside as unreasonable but the sale by b to  stand the plaintiff in right of his wife who be one of the daughter of sir  John fortescue Bart be seize of the manor of over Shenley and Nether Shenley  in the county of buck the defendant Simpson have be for many year employ in  the management of the estate and at last article with Mr Burdett who he  plaintiff have empower on that behalf to become the purchaser thereof at  fifteen thousand pound and by the article Simpson be either to pay the whole  in money or may return land to make up what he pay short in money of the  fifteen thousand pound pursuant to the article the defendant have obtain a  conveyance of part to himself at a undervalue allege it be not material what  sum be mention to be the consideration of the conveyance in regard he be to  make up the whole fifteen thousand pound and have sell other parcel and pay  the money as the plaintiff broom whorwood appoint amount in the whole to about  four thousand five hundred pound and will now return so much land as shall  make up the fifteen thousand pound the original bill bring by broom whorwood  be to set aside the article and the cross bill to have they perform and time  for the performance of they enlarge Vernon chancery case upon the hear though  there be no surprise fraud or circumvention prove and though conveyance have  be make pursuant to the article several sale make part of the purchasemoney  pay and the article in great part perform yet the court set aside the article  and the conveyance make to Simpson allow to the defendant pound which he have  pay for the purchase of part of the land in question together with interest  subject nevertheless to the deduction of the mesne profit and fall other money  receive or which without his wilful default may have be make or receive by he  by or out of the say estate r l but as to stranger to who Simpson have good  fide sell those purchase be to stand and as to those which rest in contract  the plaintiff be to indemnify the defendant against they and the defendant be  to reconvey to the plaintiff all such part of the say estate as he have  purchase covenant that they be free from all encumbrance by he or any claim  under he Reg lib b fol the court declare they look on Simpson but as a agent  for the plaintiff and be one in who the plaintiff repose great trust and  confidence which he have deceitful abuse and the article themselves seem to  manifest a surprise the plaintiff have occasion to sell to raise money and yet  by the article Simpson may pay as small a sum of money as he please and return  what of the land he think fit to make up the value and the court take it they  have great latitude in this case because Simpson have elapse the time prefix  by the article in which he be to make good the fifteen thousand pound by money  and return of land and this decree be afterward confirm on a appeal Vernon  chancery case er p