case Scythian plant at the chancellor house Lord chancellor vern vern it be a  motion of course for the defendant after be come to age to be at liberty to  put in a new answer or amend his answer put in while he be a infant if he have  a day by the decree to show cause after he come to age the mortgagee file a  bill against Cox a infant to redeem land that be mortgage to he by the  grandfather of the defendant or to be foreclose the defendant put in his  answer set forth that the mortgage land be purchase by his greatuncle in the  name of his greatuncle and his grandfather but that the money be pay by his  greatuncle who devise premise to his grandfather for life remainder to his  heir male in tail and so claim paramount the mortgage and be not liable to it  the cause be hear on bill and answer and a account be decree post Cas and the  defendant be to redeem or be foreclose unless he show cause within six month  after he come of age for the grandfather appear to the mortgagee mosely report  to have a good title because by the deed he be joint tenant in fee with his  brother by who death the whole survive to he the defendant come of age and be  serve with a subpoena to show cause he now move to amend his defence by put in  a new answer and he swear be believe he can now prove that the mortgage have  notice of this trust for the greatuncle at the time he lend the money which be  not insist on in his former answer but the council for the plaintiff say that  it never indeed be deny a infant to amend his answer where it appear to be  material to his defence but that this of the defendant own show be not any way  material for the decree be a decree of foreclosure unless the defendant redeem  whereas he will amend his defence not to show he have a right to redeem but to  show he need not redeem and consequent he be not affect by this decree for as  he claim paramount the mortgage notwithstanding this decree he may bring a  bill against the mortgagee to reconvey but the Lord chancellor allow the  motion and say that the defendant himself be the best judge at present what  will be material for his defence and that since the case of sir John Napier  and lady Effingham Howard this be a motion of course the case of sir John  Napier and lady Effingham Howard e contra be to this effect sir John Napier a  infant by his prochein any exhibit a bill against the defendant as tenant in  tail and heir at law to sir Theophilus Napier to set aside a settlement make  by sir Theophilus Napier on the defendant lady Effingham Howard during her  marriage to the say sir Theophilus and the defendant lady Effingham Howard  bring a cross bill against sir John Napier and the trustee to have a  conveyance make to her and her heir of the estate comprise in the say  settlement and both cause come to be hear a decree be make from which both  party appeal and it be order by the lord inter all that as to so much of the  decree as order sir John napier bill to stand dismiss so far as the same seek  to set aside the settlement the same shall be affirm with this addition unless  sir John shall mosely report er p within six month after his attain his age of  twentyone year show causan to the court of chancery to the contrary and that  the trustee shall convey the estate in the say settlement to lady Effingham  Howard and her heir unless sir John shall within six month after he shall  attain his age of twentyone year show cause to the say court to the contrary  sir John come of age and within the six month prefer his petition support by  affidavit to the Lord chancellor to bring a new bill or amend his former bill  and to amend his answer to the cross bill the cause have be great mismanage to  his disservice by his solicitor upon mosely report which January the that  after have adjourn over the same and direct precedent to be search his  lordship assist by the master of the bolls order that sir John Napier shall be  at liberty to amend or put in a new answer and shall have time till the first  day of the next term but that no precedent appear for amend a bill in any  point wherein the same have be dismiss upon the merit but order that sir John  shall be at liberty to rehear the say cause and to that end that the original  cause shall stand over till after the time by the say order give for amend the  answer or put in a new answer be expire post Cas and this order be affirm by  the lord saint of may a person by get himself admit a pauper can discharge  himself of cost he be liable to precedent to his admission