c sergeant maynard case encumbrance discover before money pay he buy a estate  of one I S and upon the bargain it be agree that a recovery shall be suffer  within the space of three year and he pay his money before the recovery be  freeman suffer take a bind of the vendor that if so be the recovery be not  suffer in the space of three year that the sergeant reconveying the say land  shall be repay his money the vendor tender a recovery but before it be suffer  a three person make a title to the land and thereupon the sergeant exhibit his  bill to have his money repay in this case it be say by Mr attorney that if a  man sell another land and covenant to discharge it of such particular  encumbrance and before the payment of the money other encumbrance be discover  this will prevent the suit for the money till all the encumbrance be discharge  it be say likewise by Mr Keck that if there be no covenant against any  encumbrance yet if before payment of the money any be discover the party may  retain his money till they be clear quod to be concess per cancellar but it be  say by sir John king and not deny per cur that those must be encumbrance make  by the vendor himself or otherwise the party can detain the money unless they  be covenant against but in this case the Lord chancellor say he can give no  relief for here the sergeant have part with his money and take a bind for  repayment of it if the recovery be not suffer in three year time he  reconveying his estate and here the recovery be suffer he have no pretence by  his own agreement to have it repay and this court can help he unless it shall  take upon itself whore any man have a bad bargain or be cheat in his title to  help he to his money again and here be no manner of fraud or surprise in the  case if he be not help by his covenant he will not be help in equity but for  the matter of reconveying he hold that if the sergeant shall reconvey such  title as he have from they be it more or less or none at all yet be a relative  to convey it will have be well enough but here the recovery be suffer accord  to the agreement though nothing pass by it he hold the party have well perform  his agreement and so no reconveying nor repayment of the money to be make the  principle of this decision be adhere to in the anon case No post which see  Lord Loughborough c in Thomas v Powell Cox go still far his lordship decide  that where the purchaser have approve the title and the conveyance have be  execute though the purchase money remain in court and have not reach the hand  of the vendor the court will not impound such purchase money upon the  allegation or proof of any new discover flaw in the title but will leave the  vendee to such remedy as he may have under the covenant in his conveyance and  if such covenant do not contain a warranty against the defect in question and  no fraud be prove the purchaser be entire without remedy see Wakeman v duchess  freeman er p of Rutland Ves Bree v holbech dougl Browing v wright Bos pull  vane v ld Bernard pale yellow Eq Rep fraud however in this as in all or near  all other case will authorize a court of equity to give relief arnott v Biscoe  Ves sen harding v Nelthrope Nelson Edward v MLeay Cooper and to make the  principle caveat emptor apply a regular and final conveyance must have be  complete Cripps v read t r Reg lib b fol the cause be hear on the three of may  when the plaintiff allege that there have be a agreement for suffer a recovery  and the plaintiff engage to pay the sum of pound within one month after the  then next term although a recovery shall not then have be have and the  defendant agree in case a recovery be not have or the estate tail in the  premise in question be not duly bar by some other way and mean within three  year then he the defendant will on reconveyance of the premise repay the say  pound to the plaintiff the plaintiff pay the pound but the land bargain for be  limit to one for life remainder in tail and the tenant for life refuse as the  plaintiff allege to become tenant to the praecipe a recovery can not be suffer  and by a decree in this court in November the land be recover against the  plaintiff by one claim by title paramount so that plaintiff can make no  reconveyance the defendant contend and prove that he only agree to convey such  interest and possibility in the premise as he be entitle to and that he do  prevail on the tenant for life to make a tenant to the praecipe in order to  suffer a recovery and that such recovery be actual suffer within the three  year and that he know not of any title paramount that under which he claim  however that the plaintiff never require more than the possibility which the  defendant actual possess nor do be the defendant intend to grant more  whereupon the Lord chancellor declare he see no cause to give any relief to  the plaintiff but dismiss his bill freeman de term S trin in curian porter