brown richard RICHMOND and another Appellants the city OF LONDON Respondents  that February Mews dig viii equity will decree the assignee of a lease to pay  the rend become due since his assignment and which shall become due while he  continue in possession but not during the continuance of the lease for he may  if he can get rid of the lease by assign it to another prece in Chan for Eq  can ab can viner vol p can by statute Henry VIII the city of London be entitle  to the spring of water within five mile of London and empower by pipe or  otherwise to bring the water to the city for public use and by the act for the  relief of orphan the benefit of these water be vest in the city in trust for  the orphan and be part of the fund out of which they be to be pay in April the  city agree with one Robert Aldersea to lie a leaden pipe from a place call the  banquetinghouse to the conduit in Cheapside and stock market which be to be  five inch diameter in the bear and to convey twenty or not less than nineteen  tun of water hourly to these conduit and for this business Aldersea be to have  the old pipe and pound in money on the that of June and before Aldersea have  finish his pipe or it can be know what quantity of water will be thereby  convey the city in consideration of pound fine and pound for the first year  rend pay in hand grant a lease of the spring and water therein particular  mention to one Thomas Houghton for a term of fiftytwo year pay for the first  two year a peppercorn only and for the residue of the term pound per and and  by this lease Houghton covenant to lie out pound in improvement within four  year and to supply several prison and public place in the city with water  gratis afterward by indenture bear even date with the lease Houghton assign  the same to the appellant and one glover and bowater upon trust to divide the  premise into share for raise money to reimburse the fine and the year rend  advance and also a stock for manage and improve the waterwork at the rate of  pound a share in this undertake the appellant be only interest in share and  pay pound for the same accord the remain share belong to Houghton and the  other person name in the deed when Aldersea have finish his pipe it be find to  be very deficient for that instead of nineteen tun the same will not convey  above six tun in a hour and by the lease five out of these six tun be to be  apply to the prison etcetera gratis it be also discover that part of the water  demise by the lease brown namely lamb conduit water which be of the yearly  value of pound be claim and enjoy by other person under a prior title under  these circumstance the reserve rend of pound per and be suffer to run in  arrear whereupon the city bring a action at law against Houghton the lessee  but the appellant have file a bill in chancery and obtain a injunction no far  proceed be or can he have in that action the nature of the assignment from  Houghton to the appellant which be disclose by their say bill make it  necessary for the respondent to follow they into a court of equity which they  accord do by exhibit their bill for a account and satisfaction of the reserve  rend and both cause be by consent to be hear together but the appellant  neglect to bring their cause to a hear the other cause come on to be hear  alone before the Lord keeper wright on the that of July when it be decree that  the defendant shall pay to the plaintiff all arrear of rend then due or which  shall thereafter grow due so long as they have hold or shall hold the say  demise premise and it be refer to a master to compute such arrear and make the  defendant all just allowance brown er p in pursuance of this decree the master  by his report date the that of January certify that there be due from the  appellant to the respondent for the arrear of rend pound and that on the that  of September they assign the lease to one pollard and on the that give notice  thereof to the respondent but the appellant instead of satisfy the arrear so  report due think proper to appeal from the decree and on their behalf it be  contend W Dobyns that the bill be in the nature of a action of debt for rend  the respondent ought to have take their remedy at law and be not proper for  any relief in a court of equity or if relievable in equity yet there be no  reason that the appellant shall be decree to pay the whole rend or any more  than their proportion of it since they be only entitle to about a seven part  of the demise premise and as to the residue be only in the nature of trustee  for other and though trustee as have the legal estate may be liable at law yet  in court of equity they be to be consider only as nominal person and the  decree ought not to be against they but against the beneficiary and trust who  be the person real interest that if the suit be proper in equity yet Houghton  who be the respondent lessee and transact the whole agreement with they and be  still concern in interest for a full three part ought to have answer and be  bring on to the hear before any decree be make in the cause that if a decree  can be make single against the appellant yet they who will have equity ought  to do equity and therefore the appellant ought to have have allowance for lamb  conduit water and for the great deficiency of water convey by Alderseas pipe  and which by the proof in the cause appear brown to be pound per and loss to  the appellant and the other person interest to all this it be answer t powys W  Cowper on the other side that the respondent at first bring their action at  law but be stop therein by the appellant injunction and so be force into  equity by they and as the case be circumstance the respondent can not now  recover at law that Houghton abscond long before the hear and on the same day  the lease be make to he assign it to the appellant who receive the profit and  have divide the undertake into share in the way of stock job and by so do have  get great sum of money of many people and yet they will now avoid pay the rend  decree because all those people who have be concern therein be not bring to  hear which in fact can not be do and will render it impossible for the  respondent ever to recover that the respondent can neither in law nor equity  compel any of the other party to be contributor to the arrear because the  appellant only be tenant to the respondent and stand in Houghton place as his  assignee and because those other party claim under the appellant only who may  take whatever course they shall think fit to make they contribute if they be  liable so to do that the respondent demise to Houghton the several spring and  water in the lease mention with the benefit of the pipe then lie by Aldersea  but never contract for any certain quantity of water and if the appellant meet  with any interruption they have a remedy against those who unlawful hinder  their enjoyment of what be grant they but this pretence be the foundation of  the bill file by the appellant and if there be any just ground for the  complaint they may have be proper relieve upon that bill have they think fit  to have bring it on to hear upon the whole it be plain that the respondent  have proceed regular in obtain the decree and that the appellant have use  every possible delay to avoid payment of the rend and therefore it be hope  that the decree will be affirm with cost accord after hear counsel on this  appeal it be order and adjudge that the same shall be dismiss and that the  order decree and proceed therein complain of shall be affirm jour vol p brown  er p attachment