case rise against Ron see Thomson v Hudson l r Ch court relieve against breach  of agreement on make a compensation lib Reg b foe a nom rise v Brodrepp in  chancery that and that Nov Churchill rise the elder be only tenant for life be  indebt to Thomas rise after Churchill rise his son come at age convey the  inheritance of the estate to his father Churchill the elder to enable he to  pay his debt who mortgage the estate to Thomas rise for pound about a year  afterward by article of d January Churchill rise the elder and young agree  that Thomas rise shall be put into possession of the estate and a receiver  shall be appoint of the rend who shall apply the same in discharge of the  interest and also of pound yearly in part of the principal and the residue to  be pay to Churchill the elder and young and Thomas rise in consideration of  such agreement as aforesaid agree that the whole money for principal and  interest on Michaelmas day then next shall be deem and take to be no more than  pound S d it be the intention of Thomas rise in case the term above mention be  true observe and perform to abate pound in part of the say debt after this  Churchill rise the father receive two halfyear rend of the tenant Churchill  rise the father be dead bill be bring by Churchill the young to have the  estate sell and the mortgage pay off ambler Q on what term whether the  defendant who be the representative of Thomas rise be entitle to have the  whole pound or only pound Churchill rise the elder have break the term of the  agreement by receive such rend Lord Hardwicke chancellor after argument at bar  this be a very hard demand by the representative who insist on very strict  right when they owe their whole security to the act of the son who have  subject his estate to pay his father debt there be two question saint whether  here have be any breach of the agreement ambler er p d if there have whether  it can be compensate within the rule of the court as to the saint I be of  opinion there have be a breach of the agreement the rend be to be receive by  the receiver and a receipt of they by any of the party to the agreement be a  breach of the agreement this case be the hard in this court as the rend be  receive by the father which will be consider as a breach of the son agreement  at law to d equity will relieve against almost all penalty whatsoever  Northcote v duke post and Eaton v lion Ves against nonpayment of money at a  certain day against forfeiture of copyhold but they be all such case where the  court can do it with safety to the other party for if the court can put he  into as good condition as if the agreement have be perform the court will not  relieve there be some exception to this rule one of which be where a voluntary  composition be to be pay at a time certain and in a certain manner in that  case it be the voluntary bounty of the creditor to remit part of the debt and  the term must be strict comply with Q whether this be the present case I be of  opinion it be not whether take on the article or on the proof distinct from  the article vide Cas in Eq I Abr vern Ch can saint on the article there appear  a consideration arise from the son whether it be more or less be not material  ambler there be a voluntary delivery of possession a save of expense to get  possession what defence may have be set up in case of a suit for possession  non constat d it appear to I from the evidence that the son make a conveyance  of this estate to his father and be afterward induce to enter into the article  by reason of the abatement Brodrip swear that Thomas rise say if any method  can be find to discharge the debt he will abate part of it so that a abatement  be think of at the beginning immediate after the son come at age he convey the  estate to his father after that the abatement be reduce to a certainty the son  enter into these article it be impossible to say it be mere voluntary but a  agreement by Thomas rise on consideration the whole be one treaty and  transaction this case be within the determination in Delamere v smith and the  plaintiff be entitle to be relieve under these circumstance on make a  compensation Charles as decree declare that the plaintiff be entitle to be  relieve against the breach of the article date a to have the benefit of the  abatement of the sum of pound therein mention leigh v Barry atk ex part Bennet  atk fuel v Musson vern S c Eq can ab see in Delamere v smith Ch can see  Mackenzie v Mackenzie Ves see ex part veer rise Reynolds v Pitt Ves