brown case Matthew pit Esq appellant george page respondent that may Mews dig  I cost general follow the event of a account but where the account be  intricate or doubtful there shall be no cost viner vol p can p can Eq can ab  can by indenture date the that of April the appellant demise to the respondent  a farm in south Burcomb in the county of wilts for a term of six year under  the yearly rend of pound and by this lease the respondent covenant that he  will not fall or cut any of the underwood grow upon the premise in order for  sale which shall not be of seven year growth the respondent accord enter upon  this farm but not have money enough to stock it he at different time borrow of  the appellant several sum of money amount in the whole to pound and for secure  the repayment thereof with interest he execute three several bind with warrant  of attorney to confess judgement thereon at the end of two year the respondent  have neither pay any part of the yearly rend of the farm or one farthing of  the principal money and interest due upon the bind and therefore on the that  of November the appellant cause part of the respondent stock and good to be  distrain for the rend and other part thereof to be take in execution upon the  judgement but the whole fall short in value of what be due to the appellant he  offer to abate the respondent pound and deliver the effect back again if he  will give the appellant security for his debt and rend this the respondent not  be able to comply with and find that he can not any long continue the farm he  surrender up his lease however in easter term the respondent think proper to  exhibit his bill in the court of exchequer against the appellant suggest that  he have fraudulent and surreptitious obtain the lease to be surrender and have  also make a exorbitant distress and execution and therefore pray that the  appellant may be compel to deliver back the lease and account for the stock  and good on the that of June the cause be hear when the court direct a account  to be take of what be due to the brown defendant for rend at the time of the  distress and of what be due to he on the several bind at the time of levy the  execution and likewise a account of the value of the good so seize and take  these account be accord take and after great litigation therein the deputy  remembrancer by his report of the d of march certify that there be due to the  defendant for rend at the time of his make the distress pound that the value  of the good distrain be pound S that there be also due to the brown er p  defendant for principal interest and cost upon the bind pound S d that the  value of the good take in execution amount to pound S d and that after make  the plaintiff a allowance of pound for the value of some underwood which he  have not cut and of certain other sum for plough and dung the farm there  remain a balance due from the defendant to the plaintiff of pound S d the  cause be final hear upon this report on the that of July the court decree the  defendant to pay the plaintiff the say balance of pound S d together with his  cost from this decree so far as it confirm the allowance for the underwood and  as it condemned the defendant in cost he appeal insist e ware I Floyer that  the respondent by his bill demand no more than pound for the wood unfelled and  that it appear of his own show to be only of five year growth which be two  year under the age limit for cut thereof by the lease that the liberty of cut  underwood be give to the respondent in view and contemplation of his continue  the whole term but which by his own default he become incapable of do and  thereby the farm be throw upon the appellant hand at a dead season of the year  that by the surrender of the lease which be voluntary and by deed this right  of fall be whole go and extinguish as well in conscience as in law there be no  fraud or compulsion use by the appellant to gain such surrender as be true  suggest by the respondent bill nor any mention or insist upon this privilege  at the time of the surrender and as to the cost it be conceive the appellant  ought not to pay any because upon deduct this allowance of pound as a  overcharge the balance will then be in his favour but even if the account and  balance shall stand as settle by the decree the appellant ought not to be  condemned in the payment of cost because he have do nothing but what of  necessity he be oblige to do for recover a just debt and have before the sale  of the good make so fair a offer as to abate pound upon the respondent give  security for that debt and though subsequent to the distress and execution the  balance have by this allowance of pound turn unexpected in favour of the  respondent yet as it be so inconsiderable it ought not to turn to the  disadvantage of the appellant who have levy as near to the value of the debt  as can possible be compute on the other side it be say that the respondent  have plain falsify the appellant answer wherein he insist I Jekyll l carter  that there brown remain just due to he a balance of pound S d and that as the  appellant have a allowance in the account of two several sum of pound and  pound S d for which he can not have recover any satisfaction at law it be  altogether as just that the respondent shall be allow for the underwood which  he may have cut but do not and which the appellant have therefore the benefit  of but after hear counsel on this appeal it be order and adjudge that so much  of the decree as direct the appellant to pay cost shall be reverse jour vol p