case mary Segrave widow appellant dominick ryan respondent that march note as  Seymour v Ryan in Mews dig seven a injunction be award to restore and quiet  the plaintiff and his tenant in the possession of the premise in question but  it be at the same time order that he shall appear to a ejectment to be bring  by the defendant in order to try the title a ejectment be accord bring and the  defendant obtain a verdict and be afterward put into possession but on a  appeal by the plaintiff it be order that he shall be at liberty to bring a  ejectment to recover possession of the premise and that no mortgage shall be  set up in bar of his title order of the Irish chancery vary see ante can and  the note there Francis Segrave be seize in fee of one three part and possess  for some long term of year of the other two three part of the dissolve abbey  or monastery of saint John brown without Newgate in the city of Dublin by a  memorandum in write date the that of December demise all those the brewhouse  inward and outward dwell house three malt house the castle cellar and all  other the appurtenance and convenience water and water pipe stable and horse  mill and brew utensil except one room in the back house over the wainscote  room and the closet belong to the same which the say Francis reserve for  himself only to live in unto Richard Purcell for ninetyone year to commence  from the saint of may then next at the yearly rend of pound Payable half  yearly and the say Francis Segrave do thereby covenant before the saint of  February then next to make a good and sufficient lease accord to law to the  say Richard Purcell of the premise as they be former hold by William brook and  Thomas Newland but henrics malthouse and Newlands dwellinghouse be to be  except out of the lease when Purcell come to take possession of the demise  premise he find some part thereof have before be let to several person by  prior lease which be not then expire and particular some room in a part of  brook dwellinghouse know by the name of the three king wherein one Bryan  Callan afterward live but Segrave on application make to he agree that Purcell  shall have a allowance in his rend for those room and such other part of the  premise as be detain from he until he shall be let into possession thereof and  to make Purcell the more easy Segrave agree to give up the room and closet  which he have reserve for his own use in the year Segrave and Purcell come to  a account when Purcell insist on have a allowance or abatement in his rend for  such part of the demise premise as be so detain from he and thereupon Mr  Segrave agree to accept of pound per and in lieu of the pound per and reserve  by the demise and accord on purcell pay he pound he give he a acquittance in  full for half a year rend which become due the saint of November then last  Purcell continue to pay his rend accord to this abatement till about the year  and though Segrave live till he never demand the room or closet reserve for  his own use but in the say year one Nuttall who have a encumbrance on the  premise prior to the lease of insist that he be entitle to receive pound per  and and threaten to compel payment thereof by distress whereupon Purcell apply  to Mr Segrave to be indemnified but without effect so that Purcell be for a  considerable time oblige to pay Nuttall pound yearly notwithstanding the above  agreement for a abatement of pound per and in Richard Purcell die have make  his will and thereof appoint his wife Margaret Purcell sole executrix and  residuary legatee and she have prove the will die in have make her will  whereby she devise the benefit of the say brown lease to the respondent who by  virtue thereof become entitle to the premise for the remainder of the  ninetyone year term brown er p that part of the premise call the three king be  in a ruinous condition the say Bryan Callan the tenant quit the possession  whereupon the respondent on the that of April peaceable enter and possess  himself thereof by virtue of the lease make by Segrave to Purcell and expend  about pound in repair the same on the that of may the appellant exhibit her  bill in the court of chancery in Ireland against the respondent and other set  forth that the say Francis Segrave her late husband be seize of the say  dissolve monastery whereof the house call the three king be part do by  indenture of lease demise all the premise to Thady Mahony for fortyone year  and that Mahony by indenture date the that of November Segrave be then dead  declare that the say lease be make to he in trust for the appellant that she  be so entitle by deed date the that of April demise the say house call the  three king to Bryan Callan for three year at the yearly rend of pound and that  Callan covenant to deliver the appellant possession thereof at the end of the  say term that Callan some short time before the expiration of his lease assign  his interest to the respondent who enter and keep possession of the say house  on pretence that the same be comprise in the lease make to Purcell by Segrave  and though the appellant by her say bill confess it be then too late for her  to apply to the court for a injunction to be quiet in the possession as  against a tenant hold over his term yet she thereby pretend that she be  entitle to a specific execution of the covenant contain in callans lease  against the respondent as assignee of Callan and ought to have a account and  be let into possession and the rather for that she have only a equitable title  the legal estate be in Mahony her trustee and therefore she pray to be restore  to the possession by the injunction of the court and to have a account of the  rend of the house but though she make Mahony a defendant to her bill yet she  do not think fit to bring he to a hear the respondent by his answer to this  bill insist that if any such lease be make to Mahony the same be void for that  Segrave have no power to make any such lease the premise have be long before  demise by he to Purcell and also mortgage by he and the appellant to one smith  which mortgage be then subsist he deny that Callan ever assign his interest to  he or that he be to give he any consideration for the same or for quit the  possession but say that the house be extreme out of repair and Callan incline  to quit it and he have a right thereto under the demise make by Segrave to  Purcell in he by virtue thereof and not of callans pretend lease enter  peaceable and possess himself of the house and insist brown he have good right  to hold the same against the appellant till evict by due course of law issue  be join witness examine and publication duly pass the cause be hear on the  that of April when the Lord chancellor of Ireland be please to direct the  follow issue to be try at law videlicet whether the house call the three king  be part of the premise demise or intend to be demise by the lease make by  Francis Segrave to Richard Purcell the that of December upon the appellant  petition the cause be reheard on the that of June follow when the appellant  counsel insist that she have no legal title to recover at law she be out of  possession and offer in case she be restore to the possession that she will  admit the respondent title under the lease to Purcell and will set up no  temporary bar whereupon his lordship think fit to vary the former order and to  direct that a injunction shall be award to restore the appellant to and from  time to time quiet her and her undertenant in the possession of the say house  call the three king to continue till further order that she shall appear to a  ejectment to be bring in the king bench by the respondent and allow his title  under the lease make by Segrave to Purcell in for such house as be mention  therein and not set up any temporary bar or insist on the length of time and  that the cause shall be try at the sit of nisi prius after the then next term  by a jury to be strike by one of the master in chancery on the saint of  December the cause be accord try after a view brown er p before the Lord chief  justice whitshed and the respondent have full prove by the testimony of  several unexceptionable witness that the say house call the three king be part  of the outward dwell house mention in the lease make to Purcell that it have  be build by brook and enjoy by he and his undertenant for many year under a  lease make to he by Mr Segrave prior to purcell lease and that it be not  either of the two house except in purcell lease a verdict be give for the  respondent and he be afterward put into possession the appellant therefore  appeal from the decree insist c Talbot n fazakerley that she ought not to have  be thereby deprive of the legal advantage she have under the long and quiet  possession of the house by the tenant of herself and her late husband the  respondent have no bill nor any equity to be a foundation for such a direction  that as the court have allow the appellant right to the possession of this  house by order it to be restore and continue by injunction it be improper to  direct any trial at law by which mean the appellant have be strip of her  possession that the appellant by be enjoin not to insist on any temporary bar  or the length of time can not give any evidence thereof upon the trial which  it be apprehend will have be very proper evidence to explain the general word  of the lease make brown in and to show that the house in question be never  intend to pass by that lease the possession have ever since go contrary to it  that the court have make no reservation of further direction after the trial  shall be have which if it be proper to have direct any trial ought likewise to  have be direct nor be the respondent decree to account with the appellant for  the profit of the house and therefore it be pray that the decree may be  reverse the verdict set aside and the appellant restore to the possession on  the other side it be say p York t Lutwyche that the decree be make at the  importunity of the appellant own counsel and upon the term propose by they to  the court she be in that respect therefore great indulge for the respondent  have enter on a vacant possession and under a title still subsist he ought to  have be continue in such possession until legal evict that the respondent have  more reason to complain than the appellant inasmuch as a injunction have be  award for restore her to the possession when she shall have be leave to her  legal remedy and the rather for that the only colour she have for seek relief  in equity be that Mahony her trustee will not permit his name to be make use  of in any action at law and yet she do not think fit to bring he before the  court at the hear though she have make he a defendant to her bill nor be it  pretend that the mortgage to smith be prior in point of time to Mahonys lease  that the length of time can not have be of any avail to the appellant because  the respondent have seven year recent possession and the appellant be not  debar by the decree from insist on any thing which can have serve to satisfy  the jury that the house call the three king be a distinct separate hold and no  part of the premise demise by the lease to Purcell but by the alteration of  the possession and by the respondent be make lessor in the ejectment the whole  burden of proof be put upon he and yet notwithstanding this difficulty he full  verify his title and obtain a verdict after a view and upon full evidence it  be therefore hope that the decree will be affirm and the appellant bill  dismiss with cost after hear counsel on this appeal it be order and adjudge  that the order therein complain of shall be affirm with this variation that  whereas the respondent since the say order have recover judgement in ejectment  and possession it be hereby declare that the appellant be at liberty to bring  a ejectment in her own name or her trustee in order to recover possession of  the premise in question but the respondent to continue in possession in the  mean time and that the respondent shall not set up any mortgage in bar of the  appellant title jour vol p brown er p