baugh versus price in SCACCARIO article and conveyance set aside for fraud and  imposition this bill be prefer by the plaintiff who be the son and heir of  Thomas Baugh who be the son and heir of Roland Baugh to set aside article and  several deed and conveyance under they make by the plaintiff father Thomas to  the defendant in October Roland Baugh the grandfather be about year old  afflict with the gout and a rupture and his life not worth above one year  purchase be tenant in tail of a estate call Stonehouse with remainder to  himself in fee worth about his son Thomas be heir expectant in tail and in  necessitous circumstance by article of agreement of the first of October in  consideration of to be pay to he by the defendant within a year and of a house  in Pristein worth to be convey to Thomas Baugh he covenant to convey to the  defendant the say estate in feesimple subject to the estate for his father  life soon after the sign the article Thomas Baugh be desirous of be off the  bargain but the defendant will not let he so on the d of November a lease and  release be prepare by the defendant who be a attorney and execute that day at  his house when nobody beside the defendant his son and another person be  present Thomas Baugh among other thing covenant that he be seize in fee and  there be a clause of warranty against Roland and his heir and the use of a  fine former levy by Thomas be declare to defendant in fee and in consideration  thereof he convey to Thomas the house at Pristein but in that conveyance there  be no such covenant or clause of warranty the in money to be pay the defendant  make out that be pay it thus videlicet that he pay off to Lord Oxford owe to  he by Thomas upon a mortgage of another estate which be as much as the same be  worth Thomas owe to defendant which defendant pretend he pay he in cash and  for the remain he give Thomas a bind to pay it within a limit time after  Thomas Baugh shall have suffer a recovery to defendant use old Roland Baugh  die the that of July have live no more than nine month after the make the  article whereupon Thomas write a letter to price acquaint he with his Wilson  king bench father death and tell he that he shall act in all Wilson king bench  er p respect agreeable to his wish in another letter he tell price he shall  always act just and say that price have get a good bargain of he that he may  afford to give he a buck but say be shall not touch one without price consent  after this in February Thomas b file his bill in chancery to set aside these  article and conveyance and to be relieve to the same effect as the present  bill the defendant price put in his answer thereto and deny the fraud charge  Thomas b be at that time indebt to price in which he be to give price with his  son as clerk to he be threaten to be sue for it and by other art of price be  intimidate from proceed in chancery nay price be not content with Thomas b s  stop the proceed in chancery but insist upon some satisfaction to be make to  he for the aspersion he pretend have be cast on he by that bill and accord  prevail upon Thomas b to execute a deed date October recite the proceed in  chancery and that the purchase be a fair one and Thomas b thereby confirm and  release the estate to price soon afterward Thomas b and price with the  assistance and intermediation of one doctor Thomas to who Thomas b apply  settle all account and Thomas Baugh seem so well satisfy that he thank doctor  Thomas who appear as a common friend to both for his kindness in Thomas b s  bill in chancery be dismiss and in he die the present plaintiff his son soon  after prefer this bill to be relieve upon pay the purchasemoney and interest  to price and all necessary and permanent repair at the hear of the cause which  last eight day two question be make be it whether the article and conveyance  be obtain by fraud and imposition and dly if they be whether Thomas Baugh by  any subsequent act have purge that fraud or imposition and after time take to  consider the baron be unanimous of opinion for the plaintiff upon both point  and give their judgement seriatim baron Smythe there can be no doubt at all  but as this case stand original and at the time it be depend in chancery that  court will have relieve here be a son who be remainderman in tail in the life  of his father old and infirm not know the value of the estate traffic with a  attorney who have transact business for his father and he year have see the  familysettlement and be take advantage of the son necessitous circumstance and  purchase his estate for half the real value of it price draw all the write  himself Thomas b have no draught or copy nor any attorney or counsel concern  for he Wilson king bench here be no valuation make of the estate the whole  transaction keep a secret from old Roland price seem to have make Thomas b do  just what be please make he covenant that he be seize in fee which price know  he be not make he enter into a warranty so that Thomas b must certain be  guilty of a breach of covenant for he be not seize in fee and yet price swear  he only buy of he a remainder in tail though Thomas b have actual convey a  absolute fee and not a base fee or determinable so that the article and  conveyance be fraudulent upon the face of they another fraud be the keep back  on the bind to be pay in a month after suffer a recovery and if what price say  be true that he only buy a remainder in tail he have no right to oblige Thomas  b to suffer a recovery to bar the remainder over the d question be whether the  subsequent act of Thomas b will bar the plaintiff and I be of opinion they  will not and that he ought to be relieve it be strong insist upon for the  defendant that the letter from Thomas b to defendant soon after his father  death show that be think the bargain a fair one but to this ib be right answer  that they be write soon after his father death before his eye be open and  before he know the real value of the estate for he not long afterward prefer  his bill in chancery and I think the art and threat use by price to stop that  suit be as fraudulent as the original bargain and the recital in the release  execute thereupon be false for the bargain be a very unfair one and  pressingdown very or supplying an answer to one falsehood have always be hold  sufficient to set aside a release I vern wms Thomas Baugh be make to think  that his suit be without any good foundation and to fear that he shall be  liable to cost and if the purchase be at first fair it want no confirmation  Thomas b be never full apprise of his right but be continue in a state of  delusion by price till his death who impose upon he in every transaction it be  further object for the defendant that Thomas b all his life stand by and see  price lie out great sum of money in repair and ornamental addition c but to  this it be right answer that Thomas b s acquiescences be find upon Wilson king  bench er p into which price have lead he I think price shall be allow for all  necessary repair relief have be often grant in similar case I vern vern wms  the case of coal v Gibbons wms be strong rely upon by the defendant counsel  but that case differ very material from this that be not the ease of a heir in  the life Wilson king bench of his father nor of a remainderman or reversioner  nor be there any fraud in the original bargain in that case upon which Lord  Talbot lie great stress the party there confirm the bargain when be be full  apprise of every thing but in this case at bar here be fraud in every  transaction appear by write evidence which can err for Thomas b be delude from  first to last and the case of Lord Chesterfield and Jansen stand quite clear  of fraud so nothing like this case it be the policy of the nation that such  bargain as this shall not stand and if the court of justice be to bold they  good it will be to encourage extravagance and disobedience in young heir on  one band and avarice fraud and imposition on the other and therefore I be of  opinion that the article and deed ought to be set aside upon the plaintiff pay  the defendant his principal and interest and that the defendant be allow for  all needful repair and that the plaintiff be pay his cost till this be time  and that the subsequent cost be reserve till the come in of the master report  note the rest of the baron deliver their opinion to the same effect so there  be no occasion to set they down they say there be no instance where the  original contract be fraudulent that any subsequent act can purge it and that  by stop the suit in chancery and the release thereupon give the fraud be  double hatch and that the transaction be iniquitous from beginning to end all  the baron hold that Thomas Baugh be of sufficient age and capable of transact  business and though it be insist for the plaintiff that Thomas b be make drink  by price at the time of execute the article yet that not be full prove it be  lie quite out of the case and he be consider as sober at the time it be also  say that price have put Lord Oxford upon call in his to distress Thomas b but  that be not prove so be lie out of the case but it appear clear Thomas b be in  necessitous circumstance Wilson king bench easter term geo two