brown case sir William barker appellant thomas ivers and other respondent that  December Mews dig twelve a covenant by marriagearticle that the estate agree  to be settle be worth pound per and clear of all encumbrance and also to  purchase other land of pound per and and settle they to the same use the new  purchase be never make and the estate settle be encumber beyond its value hold  that out of the purchase money of a S estate not settle so much shall be pay  to the old son as be equivalent in value to pound per and compute at year  purchase decree of the Irish chancery reverse see the precede case sir William  Barker the appellant father in the year marry Elizabeth Alexander daughter and  heir of sir Jerom Alexander who be seize and possess of land of inheritance  and chattel lease to the value of pound per and previous to this marriage it  be by article date the that of June agree that the say Elizabeth shall settle  her estate on the issue of the marriage which be accord do and sir William  agree to settle the manor of Bocking in the county of Essex which he covenant  to be worth pound per and clear of all encumbrance on himself for life  remainder to his wife for a jointure and afterward upon the several son of the  marriage and that he will purchase pound per and more in England and settle it  to the same use he also covenant that within one year after the marriage a  estate which alderman Barker his father have in the county of Limerick shall  be settle upon the say Elizabeth for addition to her jointure but to be  discharge therefrom when he shall purchase and settle the pound per and in  England it afterward appear that at the time of this marriage and of enter  into the say article the Bocking estate be mortgage for pound and the equity  of redemption be sometime afterward foreclose brown sir William Barker have  perform no part of the marriagearticle but instead of so do have prevail upon  his wife to let he sell part of her estate for pound she and her trustee and  the appellant the first son of that marriage in march prefer a bill in the  court of chancery in Ireland against sir William to compel he to make good his  say marriageagreement and to raise money by sale of the Limerick estate for  that purpose but this Limerick estate have be mortgage by sir William part to  one freak for pound and other part to one ring for pound more the say freak  and ring be make party to the bill sir William Barker put in his answer and  thereby confess that the Bocking estate be in mortgage for pound prior to the  marriagearticle that he receive by sale of part of his wife estate pound and  that he have mortgage the Limerick estate to freak and ring but he consent  that the Limerick estate or so much thereof as shall be necessary shall be  sell to pay all these encumbrance and his other debt then due and with the  remainder of the money to purchase pound per and in England and he further say  that since make the say mortgage he have give bind and warrant of attorney for  debt amount to pound which with the pound due to freak and ring he intend to  make up pound and which be all the debt he owe exclusive of the debt upon  Bocking and a debt to one strong upon hear this cause on the that of December  it be decree that sir William Barker shall sell the Limerick estate and that  the mortgagee freak and ring shall be pay what they have lend to he and also  what they have pay to purchase in other encumbrance and on payment that they  shall assign their several security and that out of the produce of the say  sale pound per and shall be purchase in England and settle upon the appellant  as by the article be agree and the remainder of the purchasemoney be to be  deposit with the usher of the court that all other the say William creditor  may come before the master and prove their debt and how secure that the court  may hear what they have to offer why the remainder of the purchasemoney shall  not be apply to discharge the encumbrance on the Bocking estate and to  purchase as much land as will brown er p make up Bocking pound per and and  that then the court will make such order as to the remainder of the  purchasemoney as shall be fit but upon the petition as well of sir William  Barker as of the appellant the cause be reheard on the that of November when  it be decree that sir William shall perform the marriagearticle and that  accord he shall disencumber the Bocking estate and purchase pound per and more  in England pursuant to the article and it be further decree accord to sir  William answer that the Limerick estate or so much thereof as shall be  necessary shall be sell and with the brown produce thereof the encumbrance due  to freak and ring shall be discharge and that the remainder of the  purchasemoney shall be bring into court and deposit to the intent that the  other creditor of sir William Barker who debt do any way charge his estate at  the time of fill his answer may be pay what shall be due to they on ascertain  their several demand and for purchase pound per and in England to be settle  accord to the marriage article and upon a further application of sir William  Barker it be on the that of may order that this last decree of the that of  November shall be rectify in this particular videlicet that the Limerick  estate shall be sell and that the debt amount to pound shall be first pay and  the remainder of the money apply to purchase the pound per and in England sir  William Barker be still dissatisfy file a bill of review to reverse both the  decree which be dismiss upon a demurrer he then appeal to the house of lord  and upon hear this appeal on the d of June the several decree order and  proceed complain of be affirm and sir William be order to pay pound cost jour  vol p in consequence of this determination a particular of the Limerick estate  be make by sir William barker agent and publish in order to a sale but the  appellant object thereto as not be make on sufficient ground to ascertain the  truth thereof the master refuse to make the sale till the land shall be survey  but a petition be prefer in the name of sir William Barker ground on a  affidavit of Thomas ivers the respondent complain that the master do not make  the say sale it be order that the master shall proceed to sell the say land  and accord on the that of July the sale be have when the appellant offer pound  and the respondent ivers bid pound which be pound more than the appellant  offer ivers be declare the purchaser but ivers neglect to pay his  purchasemoney the appellant move the court that the purchaser may pay his  purchasemoney or that the sale shall be discharge but that motion be refuse  the appellant afterward take a assignment of part of the mortgage decree to  freak and upon a petition prefer by ivers in the name of sir William Barker it  be on the d of December order that the purchaser shall pay what be due on the  mortgage to the appellant and ring and that thereupon he shall have the  possession of all the purchase land although the appellant insist that ivers  ought not to have such possession until he pay the purchasemoney the appellant  conceive himself aggrieve by this order of the d of December by which he be to  account and give ivers the possession of the land before he pay his  purchasemoney do not comply with but petition against it pray that the  purchaser may pay his purchasemoney before he take brown possession but  notwithstanding this application process of contempt be order against the  appellant and he be thereupon force to give possession of the land to ivers  the respondent ivers to avoid pay the money into court obtain a order to pay  part of it to such person as sir William Barker shall certify be his creditor  though not mention as such in his answer and accord ivers as it be allege pay  such creditor several sum of money and also pay sir William himself or his  agent pound S but which payment it be conceive be not warrant by the decree  affirm by the house of lord however ivers never bring any part of the  purchasemoney into court except pound deposit at the time of the sale the  appellant have in the year serve sir William Barker with the say decree on  which service he can not proceed further be stop by sir William barker bill of  review and appeal he on the that of June obtain a order for a attachment  against sir William for not obey those decree but on the brown er p that of  the same month this order for the attachment be set aside because ground on a  affidavit make so long before as the year be the time when sir William be  serve with the decree the appellant therefore be under the necessity of take  out a new writ of execution under the great seal and to send a messenger into  England to serve sir William Barker with it but he abscond the appellant can  not get he serve therewith the appellant then obtain a order that service of  the say writ of execution at sir William barker lodging shall be good service  which be accord do and the decree still not obey the appellant on the that of  July obtain a sequestration against sir William Barker with which he serve  Derby egan Esq sir William agent and also ivers the purchaser on the that of  November follow the respondent ivers still to delay payment of the purchase  money file a bill against sir William Barker and the appellant demand a great  allowance out of his purchasemoney upon pretence of error in the particular of  the say estate to which the appellant answer and insist he ought not to have  any allowance on that account because it be his own act to hasten the sale  that the appellant be not concern in or privy to the make the particular and  offer that Mr ivers shall waive his purchase and that the appellant will stand  as the purchaser in his place but sir William Barker be never require or force  by any process to answer this bill though he live near two year after it be  file on the that of may sir William die have make his will and appoint the  respondent Letitia a infant under the guardianship of the respondent egan sole  executrix and on the that of July follow ivers revive the suit against the say  Letitia who by her answer submit to the judgement of the court brown on the  that of January the appellant file a cross bill against ivers pray that he may  pay his whole purchasemoney accord to the decree affirm by the lord  notwithstanding his pretence of error in the particular and that the appellant  may have the benefit of the say affirm decree by have pound per and in lieu of  the Bocking estate and pound per and purchase for he out of that purchasemoney  pursuant to the marriage agreement or that Mr ivers may waive his purchase  which the appellant be Willing to take in his stead at the price he be to pay  for the same to this bill ivers put in a answer confess all the material  allegation therein but allege that sir William Barker on the that of February  after the service of the aforesaid sequestration have convey to he all the  surplus of the purchasemoney which be Payable to he in consideration of ivers  pretend loss by the mistake in the particular on the that of February this  cause be hear when it be refer to a master to certify whether any and what  error be in the particular and how much the respondent ivers be damnified  thereby accord the master on the that of march make his report and thereby  certify that several of the land be let for long term and for less rend and be  subject to great quitrents than what be state in the particular and likewise  to a chiefrent not mention therein to this report both party take exception  and on the d of may both cause be hear when the Lord chancellor be please to  decree in the cause wherein ivers be plaintiff that the residue of the  purchasemoney which will have belong to the late sir William Barker after  perform the decree by which the say land be sell shall go to the say ivers in  full satisfaction of all mistake and deficiency in the post particular and in  the cause wherein the appellant be plaintiff his lordship decree that ivers  shall account with the appellant for the purchasemoney of the Limerick estate  together with the interest thereof to be compute from the time of sir William  barker death and ivers be to be allow what money he have pay in discharge of  the say purchasemoney pursuant to the say decree and subsequent order of the  court and it be refer to a master to settle the account accord but upon the  petition of ivers both cause be on the that of June reheard when his lordship  be please to decree in the cause wherein ivers be plaintiff that the residue  of the purchasemoney after payment of freak and ring mortgage and other demand  decree to they and over and above the debt brown er p mention in sir William  barker answer amount to pound and over above such sum as shall be necessary to  purchase pound per and in England for the use of the appellant accord to the  marriagearticle and the decree in brown be the money of the late sir William  Barker and that it belong to the say Mr ivers and on the same day his lordship  be please to decree in the cause wherein the appellant be plaintiff that the  appellant shall have pound per and purchase for he in England accord to the  article and decree in out of the say purchasemoney and it be refer to a master  to settle a account of what be due to the appellant for pound per and English  money with interest from the time of the death of the say sir William Barker  and to report what sum will be necessary to purchase the say pound per and in  England and that the appellant shall have interest for the same till such  purchase shall be make and it be further decree that the remainder of the  purchasemoney after purchase the say pound per and shall not be apply to  disencumber the Bocking estate and to make the same of the yearly value of  pound but that the appellant shall be at liberty to prosecute the  sequestration which he have obtain against the late sir William Barker in such  manner as the course of the court will allow and that the say pound per and  and interest shall be pay to the appellant upon his execute conveyance to the  purchaser accord to the decree in and that the appellant shall account before  a master for the profit which he have receive out of any part of the estate  since the say purchase be make and that the same shall be allow the say ivers  in the account of the pound per and and interest from these decree the  appellant appeal c Wearg t Lutwyche because he be thereby to have but pound  per and under his father settlement whereas it be express agree by the  marriagearticle that he shall have the Bocking estate of pound per and clear  of all encumbrance and pound more purchase in England make in all pound per  and that sir William Barker submit by his answer that his estate in the  country of Limerick shall be sell as well to discharge his debt on the Bocking  estate as to purchase the pound per and in England that by the decree in and  affirm by the lord sir William be to perform his marriage article and the  purchasemoney for the Limerick estate be to be bring into court to the intent  as the appellant conceive that thereout the article shall be specifical  perform that the order of the d of December and the order subsequent thereto  be contrary to the decree of and whereby the purchasemoney be decree to be  bring into court and which decree have be affirm as aforesaid it be conceive  the Lord chancellor of Ireland can not control or dispense with they that all  the purchase money not be pay in pursuance of those decree be so attach by the  sequestration as that the same can not be take out of court until the decree  against sir William Barker be perform and yet the Lord chancellor have decree  great part of the say purchasemoney to the respondent ivers and give the  appellant leave to prosecute his sequestration after the money brown sequester  be decree to the respondent seem to be of no avail but put the appellant to  unnecessary charge and trouble and to hazard the payment of that money which  the court have power and ought to have decree the purchaser to pay for the  benefit of the appellant that the decree now make will engage the appellant in  a new and long account whereas he apprehend that after have be twentyfive year  in the court of chancery to get his mother marriagearticle perform and after  have spend therein more than the value of what be decree to he it be high time  to put a end to the cause by decree he a immediate satisfaction for his demand  it be therefore hope that the say decree will be reverse and the respondent  ivers order to account for the whole pound and the interest thereof from the  time of his have possession of the purchase premise and without any regard to  his pretend deficiency that thereout pound per and in England shall be  purchase for the appellant and that he shall be allow the same from his father  death on the other side it be contend p York c Talbot that if the estate have  be fair post it can not have honest sell for so much as will pay the pound  debt and purchase the pound per and and this the appellant admit by his  counsel on the rehear in and also on hear the former appeal beside the  appellant be in the possession of the whole estate make lease and receive  brown er p the profit for many year before the sale and yet he suffer if he do  not contribute to the fraud in the particular and be disappoint in his design  of buy the estate at a undervalue he and other by his mean cant it up till the  respondent be thereby induce to bid above pound more than the value the whole  estate though post at pound S per and be then let and most by the appellant  for no more than pound S so that it be overvalue above pound beside quitrent  and Crownrent which be deduct out of the yearly value post there remain clear  to the respondent but about pound per and and which at twenty year purchase be  the price give by the respondent amount only to about pound which will not pay  the pound debt and purchase the pound per and that the respondent at all event  ought to have a allowance for the deficiency in the particular out of the  purchasemoney even if the estate have not be sell for so much as will pay the  pound and purchase the pound per and and his relief will have be so have not  the court decree he shall be satisfy with the surplus convey to he by the late  sir William and by this the respondent will lose about pound not be decree a  remedy for the deficiency beyond the money particular assign for that purpose  that the court can not regular decree the Limerick estate to be liable but  accord to the late sir William answer which be only to pay pound debt then due  and purchase the pound per and and can only decree sir William to make good  the Bocking estate in a manner brown mere personal but not so as to bind the  land or the purchasemoney thereof and this decree make it only a personal  charge have be affirm by the lord it be conceive to be improper in the  appellant to attempt to have it alter or extend further by disencumber or make  good Bocking out of the Limerick estate or its purchasemoney that the intent  of the decree in for bring the money into court plain appear to be only that  the debt due to the creditor may be ascertain and thereout satisfy and as to  the other part for show cause why the residuum shall not go to disencumber  Bocking it be never make absolute but alter by the decree of that it be not  only unreasonable but high unjust that the respondent shall quit his purchase  have lie out above pound in improvement and sell pound per and of his own  estate and borrow other sum at pound per cent interest to pay the  purchasemoney and have also expend about pound in sue for justice and defend  his title to a estate in every respect fair purchase by he under a decree and  therefore it be hope that the order and decree will be affirm and the appeal  dismiss with cost but after hear counsel on this appeal it be order and  adjudge that the several order proceed and decree complain of shall be reverse  and then the judgement go on in these word and whereas the appellant by virtue  of his father marriagearticle and of the say several decree affirm by this  house as aforesaid on the say d of June ought from the time of his father  decease to have have and enjoy a estate in Bocking in the county of Essex of  the full yearly value of pound free from all encumbrance and also one other  estate of pound per and which shall have be purchase in England and settle in  pursuance of the say marriagearticle and decree affirm by this house and upon  the decease of his say father will have become tenant in tail in possession of  such several estate have the say Bocking estate be disencumber and the say  pound per and purchase and settle accord to the say marriagearticle and decree  affirm by this house as aforesaid and it now appear to this house that pound  per and or any part thereof have never yet be purchase accord to the say  marriagearticle and decree and that the say appellant have never yet have nor  can ever have any benefit of the say Bocking estate or of any part thereof by  reason of the many encumbrance thereupon precedent to the say marriagearticle  it be therefore hereby further order and adjudge that no such purchase of  pound per and be at any time hereafter make but that in lieu thereof and of  the say Bocking estate so much money shall be pay to the appellant or his heir  or to his or their order at any such time and place in London as the say court  of chancery in Ireland shall appoint for the payment thereof out of the money  or land herein after declare to be subject brown to the payment thereof as far  as the same will extend as will answer and make good the value of pound per  and and pound per and compute at twentytwo year purchase that be to say the  sum of pound and the arrear of brown er p pound per and and pound per and from  the death of the say appellant father until such time as the say sum of pound  and the say arrear shall be pay as aforesaid for or towards which satisfaction  it be hereby further order and adjudge that so much of the purchasemoney of  pound agree to be pay by the respondent ivers for the Limerick estate in  question as exceed what the respondent ivers have real pay to the creditor of  the say sir William Barker the father in pursuance of the say decree affirm by  this house as aforesaid in discharge of such debt as be owe by the say sir  William the father and legal affect the say Limerick estate at the time of put  in the say sir William the father answer on the saint day of may to the say  bill together with Irish interest for such part of the say purchasemoney  exceed what shall appear to have be so pay as aforesaid shall be pay by the  respondent ivers his heir executor or administrator to the say appellant or  his heir at such time and place as aforesaid for which purpose it be hereby  further order that the court of chancery in Ireland do forthwith order a  account to be take of what have be real and good fide pay by the respondent  ivers in pursuance of the mid decree affirm by this house in discharge of such  debt of the say sir William Barker the father as be owe by he and affect his  Limerick estate at the time of the put in his say answer and also a account to  be take of what shall be due for Irish interest for the surplus of the say  pound which shall appear to remain due after such payment by the say ivers  until satisfaction shall be make of such surplus with Irish interest for the  same to such time as shall be appoint by the say court at the request of the  say appellant or his heir for payment thereof as aforesaid and that the say  court do further order that such surplus of the say pound above what shall  appear on such account to have be so pay by the say ivers together with Irish  interest for such surplus to be compute as aforesaid be pay by the say ivers  his heir executor or administrator to the say appellant or his heir at such  time and place in London as the say appellant shall request the say court of  chancery to nominate and appoint for that purpose and it be hereby further  order and adjudge that if default shall be make by the respondent ivers his  heir executor or administrator in payment of such surplus and of such Irish  interest for the same as aforesaid the say respondent ivers and all person  lawful claim by from under or in trust for he shall convey all his and their  estate right title and interest in and to the say Limerick estate by he  purchase unto the say appellant and brown his heir the say appellant or his  heir upon such conveyance pay to the say ivers such sum and sum of money as  shall appear upon the account herein before direct to have be pay by the say  respondent ivers in discharge of such debt of the say sir William Barker as  aforesaid and so much as shall appear to be due on the other account herein  before direct for Irish interest to be compute as aforesaid shall be adjudge  and take to be a satisfaction of so much thereof and the say court of chancery  be hereby direct to order the same accord and to cause the recognizance enter  into by the say appellant to be forthwith vacate and also to order the  appellant cost to be tax for all the proceed in the say court of chancery in  Ireland subsequent to the say affirmance by this house of the several decree  aforesaid and such cost to be pay to the appellant by the respondent ivers and  that the say court of chancery do give such further necessary direction as  shall be just for carry this judgement into execution jour vol p