case finch versus Newnham Feb Q can ab pl pl S c a devisee obtain a decree to  hold and enjoy against the heir who it be suppose have suppress the will pen  this suit a three person get a assignment of a mortgage make by the testator  and then purchase the equity of redemption of the heir with notice of the will  the court will not admit the purchaser to dispute the justice of the decree  nor to try at law whether the will be not cancel by the testator John finch of  Godstone in Surre have issue only one daughter and be mind to keep part of his  estate in his name by his will in october devise to Vernons chancery case the  plaintiff his near kinsman in tail male a message in Godstone call Hammerlands  with remainder over and give to his daughter his land in Sussex and about six  month after die Elizabeth the daughter within three day after the death of her  father marry one ditcher and they with one Cooper be suppose to destroy this  will after the death of the testator the now plaintiff bring his bill against  ditcher and his wife and in June obtain a decree at the roll to hold and enjoy  the land accord to the will against ditcher and his wife and all claim under  they the estate so devise to the plaintiff be by the testator prior to his  will mortgage to one budgin for one hundred pound the defendant pen the suit  buy in the mortgage from budgin and also the equity of redemption from ditcher  and his wife the now defendant be serve with the former decree and appear and  be examine and set out his title under the assignment of this mortgage  thereupon the plaintiff be put to bring their bill to redeem the mortgage the  defendant by answer insist that although he have be inform before his purchase  that it be pretend that there have be such will make yet upon enquiry be  assure and satisfy that such will be destroy by the testator in his lifetime  and therefore proceed in his purchase and insist the former decree to which he  be no party vide on this point Harvey v Montague ant e Vol Bacon tract be  unjust in decree the land to be enjoy accord to such pretend will but in  regard he purchase pendent light and with notice that there be a will the  court will not admit he to examine the justice of the former decree nor to try  at law whether such will be cancel or destroy by the testator but declare he  shall be bind by the former decree and accord decree the redemption of the  mortgage to the plaintiff it be so decree but nothing appear with reference to  a examination of the former decree or trial at law Reg lib a fol