case John else appellant John WHINNERY respondent that April a be indebt to b  and c execute to they two several bind in the penalty of pound each and soon  afterward they obtain judgement on these bind for the penalty and cost a be  engage in the Irish rebellion his estate become forfeit and after be grant to  the respondent b be brown er p resume and by a statute of and W vest in  trustee to be sell for the use of the public subject to debt and encumbrance  to be claim before the trustee who judgement be to be final these trustee  settle the debt due to b and c at pound S d each be for the principal sum and  cost of the judgement a act afterward pass for the relief of a S heir by which  the trustee be direct to convey the estate to he subject to the encumbrance  allow by the trustee b have purchase c s debt at a very inferior price claim  interest on these two liquidate sum up to the time of payment by a S heir and  this be allow in the Irish court of chancery but the decree of that court be  reverse William Ellis of Dublin gentleman otherwise call sir William Ellis be  indebt to the respondent execute to he a bind date the that of February in the  penal sum of pound and in easter term the respondent obtain a judgement in the  court of exchequer in Ireland against brown the say William Ellis for the say  sum of pound with cost the say William Ellis be likewise indebt to one William  rotheri do on the same day execute a bind to he in the like penalty and in  easter term rotheri obtain a judgement against he in the court of exchequer  for the say pound with cost and the say William Ellis be also indebt to his  brother the appellant in pound he on the saint of December execute a bind to  he in the penalty of pound for secure the payment thereof Ellis be engage in  the Irish rebellion his estate thereby become forfeit whereupon king William  III by letter patent grant the same to the respondent but by a act of  parliament pass in the that and that year of his reign entitle a act for grant  a aid to his majesty by sale of the forfeit and other estate and interest in  Ireland the say William else estate be resume and vest in trustee to be sell  for the use of the public but subject nevertheless to such debt and  encumbrance as shall be claim on or before the that day of August and hear and  determine before the that day of march by the say trustee or any seven or more  of they and their judgement determination or decree be by the say act declare  to be final and to conclude and bind all person and interest whatsoever in  pursuance of this act the respondent claim his debt before the say trustee and  on the that of November that claim be hear when it be adjudge determine and  decree that the same shall be allow and that the estate of the say William  Ellis vest in the say trustee by his attainder shall be liable to and stand  Chargeable with the payment of the sum of pound S d to the respondent his  executor and assign a like claim be make by mary rotheri the widow and  administratrix of the say William rotheri and on the that of the say month of  November she obtain from the say trustee a similar decree for the sum of pound  S d in the first year of queen whether the appellant obtain a act of  parliament entitle a act for the relief of John Ellis Esq with relation to the  forfeit estate in Ireland whereby it be enact that the trustee in the say act  of resumption name shall convey unto the appellant and his heir to his and  their own use and at his or their own cost and charge all and singular the  message land tenement and hereditament which be grant or mention to be grant  by his late majesty letter patent and all other the estate of the say William  Ellis subject to such encumbrance only as be allow by the say trustee the  trustee accord by indenture date the that of march convey the say estate to  the appellant his heir executor administrator and assign respective accord to  the respective interest and estate which the say William Ellis have therein  subject to such encumbrance only as be allow by the say trustee brown beside  the debt allow to be due to the respondent and the say mary rotheri there be  also claim before and allow by the say trustee several other debt and  encumbrance amount in the whole to pound S d over and above pound allow to one  Susan smith for principal on a mortgage with interest and the debt due to the  appellant and among these encumbrance there be several bind and judgement on  the allowance whereof no further interest be give than the penalty but some of  the creditor to the amount of pound and upward brown er p be mortgagee who  principal money and interest amount to more than the value of the land  comprise in their several security they be decree by the trustee to the  possession of the land so mortgage the appellant be in possession of the  residue of the estate under the above conveyance from the trustee pay off the  rest of the debt and encumbrance affect the same and particular the debt allow  to the respondent and the other debt allow to the say mary rotheri of which  the respondent have become the purchaser for a trifle consideration but the  respondent apprehend that he be entitle to interest for the say two debt as  allow by the trustee think proper on the d of June to exhibit his bill in the  court of chancery in Ireland against the appellant suggest that he have  receive much more out of the rend and profit of the say estate than be  sufficient to discharge all the debt due thereon with interest and that he  have only pay the respondent several sum on account of interest and therefore  the bill pray that the appellant may set forth a account of the rend and  profit of the say estate and of the debt and encumbrance charge thereon and  that he may either account with and pay the respondent the money so decree by  the trustee with interest for the same or that the respondent may be decree to  the possession of the say estate until his demand shall be full satisfy the  appellant by his answer to this bill insist that he have with his own money  pay in discharge of those debt pound S d and have receive no part of his own  debt that the yearly value of the estate be no more than pound S d out of  which many allowance be to be make that he have not receive from the estate  near sufficient to pay the say debt and that he have pay the respondent the  full of both his say debt and ought not to be charge with any interest for  that the trustee never intend to allow interest nor have the respondent till  late ever demand any on the that of November this cause be hear when the Lord  chancellor of Ireland be please to decree that it shall be refer to a master  to take a account of the principal and interest due from the appellant to the  respondent upon the foot of the trustee decree such interest to be compute at  pound per cent to the time of make the statute in that kingdom for brown  reduce interest to pound per cent and from thence at pound per cent and both  party be to have all just allowance his lordship also declare that if upon the  return of the report it shall appear that the respondent be not satisfy both  his principal and interest he shall be decree his cost but in case it shall  appear that the respondent be satisfy his say principal and interest before  the fill of the bill the appellant shall be decree his cost and upon a rehear  on the that of December follow this decree be confirm the appellant therefore  appeal both from the decree and the order for confirm it and on his behalf it  be argue t Lutwyche r Raymond that the court of chancery in Ireland ought not  to add to or alter the decree pronounce by the say trustee because the act of  parliament give no appeal from they to that court on the contrary it be  thereby express declare that the judgement determination or decree of the say  trustee shall be final and shall conclude and bind all and every person and  person whatsoever even infant femecoverts idiot etcetera and their interest  shall be bind and conclude by such judgement determination or decree any law  statute or custom or other matter or thing to the contrary notwithstanding and  that such encumbrance etcetera shall never afterward be impeach avoid or call  in question by his majesty or any person whatsoever that it manifest appear  the trustee never intend to allow the respondent interest for otherwise they  will have decree interest as they always do with particular direction as to  what rate of interest for what time and for what sum such interest shall be  allow that although the respondent in his claim and by his counsel at the hear  of it insist on principal and interest for the whole sum of the judgement at  law and cost yet the trustee in their decree allow only the penalty and cost  of the judgement and no interest which decree be find on a report of their  master of reference who state the account special and declare that in regard  the sum real claim and due for principal interest and cost exceed the penalty  of the bind be in all pound he think fit to brown er p allow no more than what  be recover upon the judgement videlicet the penalty of the bind pound and cost  pound S d in all pound S d that there can be no reason give why the trustee  shall be suppose to intend a allowance of interest for the time then to come  when they have not only not decree it but absolute refuse to allow it for the  time then pass and if they do not intend to allow such interest it be conceive  that the court of chancery can not but that the respondent be and ought to be  bind and conclude by the say decree of the trustee that the appellant by his  answer to the respondent bill insist that he have not receive near so much out  of the profit of the estate as he have pay which be and ought to be the chief  matter in issue that the respondent own witness have full prove this and that  the estate be brown only pound S d per and subject to tax outgo deficiency  repair etcetera and charge with above pound the interest whereof amount to  above pound per and beside the appellant own debt of pound so that it be  manifest the estate be not sufficient to pay the interest of half the debt  charge upon it that if the appellant have not interpose in favour of such  creditor as be not in possession of any part of the estate they will have  entire lose all their debt and the whole estate will have be ruin and eat up  by a few of the first encumbrancer the decree therefore ought not to have  charge the appellant with the respondent debt and interest until either by a  verdict at law or a account before a master it appear that he have receive out  of the estate sufficient to pay and wherewith he ought to have pay the  respondent say demand that the decree and order be direct contrary to the word  and true intent of the act of parliament make for the relief of the appellant  which enact that the estate shall be convey to he subject to such encumbrance  only as be allow by the say trustee and if that exposition of charge the  appellant with interest of debt where no interest be allow by the trustee  shall take place the rest of the creditor who have receive their debt without  insist on any interest may by the same method compel the appellant to pay they  full interest which will now amount to more than the estate ever be or will be  worth for the interest of the say two small sum of pound S d demand by the  respondent already amount to about pound and the interest on the rest of the  debt will amount to about pound that though the court of chancery in many case  relieve against forfeit penalty yet in no case do it allow more interest than  the penalty express in the bind recognizance or other security any more than  it can compel a mortgagor to add more land to a scanty security it be in such  case always hold that the lender or creditor be himself the sole judge with  what sort of security he will be content and if he accept too scanty a  security or suffer the interest to exceed the value the fault be his only but  in the present case the respondent have no hardship to complain of for he have  receive the full penalty and cost on his own bind and the like for Rotherys  debt which it be in proof he pay but pound for and neither of these sum will  ever have be pay but by the appellant indulgence and as be likewise in proof  be real pay by he out of regard to the respondent and to enable he to carry on  a undertake whereby he be a great gainer that if the respondent have take out  any execution at law he can have levy no more than what he have receive  videlicet the bare penalty and cost on the judgement and in truth neither the  respondent or any other creditor except the appellant have any reason to  complain for they have all receive their debt and the whole loss and hardship  fall only upon the appellant and amount to thrice the value of the estate and  it be therefore hope that the brown decree and order will be reverse and the  respondent bill dismiss on the other side it be say c Phipps S mead to be  agreeable to the know rule of equity that when any fix and certain sum of  money be adjudge or decree by any court of law or equity to be due the same  shall carry interest from the time of its be so decree to be due that by the  decree of the trustee the estate of William Ellis stand charge with the  payment of the say two several sum of pound S d from the time of pronounce the  say decree and from that time the same be apprehend to be in the nature of a  mortgage upon the land that the appellant know the whole of the debt decree by  the say trustee to be due at the time of his obtain the say act of parliament  in his favour and he accept and enjoy the estate under that act subject to  make good the say decree and under the trustee conveyance subject to the debt  decree due by they that if the brown er p appellant have not obtain the say  act the estate must have be sell by the trustee and the respondent demand will  then have be immediate pay he ought not therefore to be in a worse condition  by the appellant take the estate than he will otherwise have be but after hear  counsel on this appeal it be order and adjudge that the say decree and the  affirmance thereof shall be reverse and that the respondent bill shall stand  absolute dismiss and that he shall pay the appellant his cost to be tax by a  master for and in respect of the say bill and all proceed thereupon in the say  court of chancery and it be further order that the say court shall from time  to time make proper order for tax the say cost and enforce the payment thereof  accord to the course of the court in such case jour vol p