brown case robert hamilton appellant earl OF Clanricarde and another  respondent that march Mews dig viii xi a agreement for a lease make with a  agent who act under a power of attorney and a lease execute by such agent in  pursuance of the agreement shall effectual bind the principal lady Iveagh the  daughter of William earl of Clanricarde be in her lifetime entitle to a  portion which be a charge upon her father real estate in Ireland and be also  as executrix and residuary legatee of her mother countess Helen who be  executrix and residuary legate of colonel Thomas Burke her second husband  entitle to several mortgage upon the same estate and among other upon the land  of Tyrehane and by her will in she distribute her personal estate among her  child of who Helen the wife of Richard butler Esq be one in the year Mr butler  as the survive executor of lady Iveagh be in possession or in receipt of the  rend and profit of several of the estate which be subject to the  abovementioned encumbrance and among other of the land of Tyrehane for the  purpose of satisfy such encumbrance which estate subject thereto belong to the  respondent the earl of Clanricarde the appellant be then tenant in possession  of the land of Tyrehane under Mr butler which he hold at the yearly rend of  pound by a lease for year which commence from the that of march and have be  make to he by lady Iveagh the appellant be in the same year inform that all  the lease maid by lady Iveagh since the death of colonel Thomas butler her  husband of any part of the say estate will be avoid unless the respondent the  earl of Clanricarde or his uncle the honourable Thomas Burke who be his  lordship agent and brown er p manager of his estate and who act as such by  virtue of a letter of attorney execute by his lordship in will confirm such  lease and that Mr butler intend to make new lease of the estate at such rend  as Mr Burke shall value they in consequence whereof the appellant apply to Mr  Burke to view and value the land of Tyrehane which he then hold and accord Mr  Burke do view these land and value the same at the yearly rend of pound and  write a letter to Mr John Gallway Mr butler agent date the that of march  wherein he inform Mr Gallway that he have view the appellant farm at Tyrehane  and think that Mr Gallway may be satisfy with pound a year clear rend for the  farm as the appellant engage to lie out a good deal of money in make ditch  drain and stone wall on it and in pursuance of this letter Mr Gallway who act  under a letter of attorney from Mr butler brown execute a lease to the  appellant of the land of Tyrehane for year to commence from march at the  yearly rend of pound and the appellant about the same time enter into a bind  to the respondent the earl which he deliver to Mr Burke his agent in the  penalty of pound condition for lie out the sum of pound in improvement upon  the farm and the appellant afterward lie out pound and upward in such  improvement in the respondent the earl exhibit his bill in the court of  chancery in Ireland against Charles earl of Arran the survive executor of  colonel Thomas butler the husband of lady Iveagh the say Richard butler and  Helen his wife one of the daughter of lady Iveagh and several other party  interest in her personal estate under her will allege that by the receipt of  the rend and profit of the respondent estate the defendant demand out of the  say estate have be great overpay and therefore the bill pray that a account  may be take of the defendant several demand out of the estate and of the rend  and profit receive by Mr butler and those who he represent and that the  respondent may be let into the possession of the say estate the defendant  Charles earl of Arran and the say Richard butler answer the bill and then die  before the that of December but the cause be not revive on the that of  December a order be make upon the petition of the respondent the earl suggest  that the estate be under let whereby the court order that the land of Tyrehane  and other land in the petition particular mention lie in the county of Gallway  shall be set by one of the master of the court unless in ten day after the  tenant of the several estate shall be serve with the order good cause shall be  show to the contrary the appellant have be serve with this order his clerk in  court on the that of February and before the order be make absolute cause  notice to be serve on the earl clerk in court who be plaintiff in the cause  that the appellant will show cause against the order of the that of December  the next convenient opportunity and soon afterward the like notice be serve  upon the clerk in court for the defendant in the cause by another order date  the that of February the former order be make absolute as to part of the land  comprise therein but this order do not comprehend the land hold by the  appellant on the that of the same month some of the tenant show cause against  the say order the appellant who be not then prepare to show cause not appear  but intend to show cause at a future day pursuant to his notice it be however  order by the Lord chancellor that the cause show by the several person shall  be disallow and that accord the land of Tyrehane and other land mention in the  order shall be set by one of the master to the best and high bidder for the  same brown for one year from the saint of may then next and it be further  order that the several person who shall become tenant of the land shall pay  their respective rend to the encumbrance on the that of April follow the  appellant be prepare to show cause serve a additional notice upon the several  clerk in court in the cause of a motion to set aside the say order of the that  of February the same have be make while the appellant former notice be depend  and in pursuance of these notice the appellant on the that of April move the  court by his brown er p counsel that the order of the that of February may be  discharge as against he and he also show cause why the order of the that of  December shall not be make absolute against he upon affidavit state the  abovementioned fact and upon the letter of attorney from the earl of  Clanricarde to Mr Burke date the that of December when upon debate the Lord  chancellor be please to order that the cause show by the appellant against the  order of the that of December shall be disallow and that the say order shall  be make absolute against he on the that of October the master report Peter  Kilkenny the best bidder for the appellant land at S a acre the appellant rend  be after the rate of S a acre and on the that of the same month the Lord  chancellor be please to order upon the petition of the earl of Clanricarde  that a injunction shall issue to put the say Peter Kilkenny into possession of  the appellant land which be execute and Kilkenny put into possession thereof  accord from these several order of the that of December and the that of  February that of April and that of October the present appeal be bring and on  behalf of the appellant it be insist c York I Madocks that what Mr Burke do as  the respondent agent ought to be bind upon the respondent that Mr Burke be the  person who set the value on the land and declare his approbation of a lease to  be make at pound per and that Mr butler agent do no more than make the lease  pursuant to such valuation and which lease be again recognize by Mr Burke by  his accept the appellant bind for the propose improvement the respondent be  therefore bind by the lease and ought not upon his petition to have object to  the rend thereby reserve that the appellant rely upon the validity of his  lease have lie out pound in improve the estate which he do upon the faith of  the respondent consent to the lease and the rise of S a acre in the value of  the estate be owe to the appellant improvement it be unjust for the respondent  to avail himself and strip the appellant of the benefit of those improvement  it be therefore hope that the say several order so far as they affect the  appellant and the land of Tyrehane will be reverse and that the possession  thereof will be restore to he with his cost brown on the other side it be say  t jewel a Wedderburn to appear by the proceed in the cause that the respondent  the earl and his ancestor have be already great injure by be so long keep out  of the possession of their estate under pretence of encumbrance unfair obtain  at first and which have be long since satisfy by the rend and profit of those  estate and as many of the defendant in the cause live out of the jurisdiction  of the court it have be impossible for he to bring his cause to hear in any  reasonable time that the order of the that of February whereby the order of  the that of December be make absolute be regular obtain in default of the  appellant show cause against that order in a reasonable time it appear by his  own affidavit that he have notice of it on the that of the same December and  he never give notice that he intend to show cause against it till the saint of  January and do not then move on that notice but give another on the that of  February follow which he do not move upon till after the order of the that of  that month be obtain that the letter of attorney under which the appellant  pretend the respondent uncle Mr Burke be empower to make lease of his estate  can extend only to such part of the estate as be in his possession and not to  such part as be in possession of the encumbrance neither do the appellant take  his lease from such attorney but from Mr Gallway the attorney for the  representative of lady Iveagh without the privity or concurrence of Mr Burke  and though in march he write a letter to Mr Gallway whereby he value the land  at only pound a year yet such value be not mention as a rend to let the same  at for a lease of or any number of year whatever nor be Mr Burke make a party  to such lease nor be the same or any draft thereof lie before he nor be he  make acquaint therewith or consult about the term on which the say lease be  grant but the matter be carry on and transact in a private and collusive  manner without his consent or privity and the rend of land in that part of  Ireland be at that time so considerable raise that the rend of brown er p  pound ayear be not one five of the real annual value of the land demise last  that the appellant be a papist be incapable of take from the respondent or any  attorney or agent employ by he a lease of any of his lordship estate in  Ireland and for these reason it be hope that the order complain of will be  affirm with cost but after hear counsel on this appeal it be order and adjudge  that the several order therein complain of so far as the same relate to the  land of Tyrehane in the occupation of the appellant shall be reverse and it be  further order that the court of chancery in Ireland shall give proper  direction for restore the appellant to the possession of the premise jour vol  p