case Chidley coote and another appellant sarah mammon and other respondent d  February Mews dig ten see Conv Act S a agree to take a lease of certain land  but previous to his sign the article he have notice that b have a prior  agreement for a lease of the same land a disregard this notice and procure the  lease to be grant to his son hold that this notice to the father affect the  son and the prior agreement be establish he be decree to deliver up the  possession decree of the Irish court of exchequer affirm see merry v Abney or  Abney v Kendal Ch can Freem Eq ab c S p notice of the plaintiff title to the  agent or purchaser for another be notice to the party himself because a  presumptive notice to the party thus in the case brown er p of Blenkarne v  jennens bro p c title copyhold case report in vern and inaccurate abridge in I  Eq ab c where a have notice of a encumbrance purchase in the name of b and  then agree that b shall be the purchaser and he do accord pay the purchase  money without notice of the encumbrance though b do not employ a nor know any  thing of the purchase till after it be make yet b approve of it afterward make  a his agent ab beginning and therefore shall be affect with the notice of a  viner vol p note to can Chidley coote esquire decease and his son the  appellant dr coote by indenture of lease date the that of January joint demise  to Lewis Pritrich clerk decease father of the brown respondent Sarah mary and  Catherine and to his heir and assign the land of Garrincoony and Rathnahilty  for three life videlicet the life of Catherine Pritrich William Edney and mary  Crofts renewable for ever on certain condition in the say indenture contain at  the yearly rend of pound S d under which lease the say Lewis Pritrich become  possess of the premise and proceed to make very considerable improvement the  appellant dr coote some time after his father death in the year enter into a  treaty of marriage but be by reason of the say lease for life disable to  suffer a recovery which be then necessary in order to make a settlement on his  intend wife he apply to the say Lewis Pritrich to surrender the lease to  enable he to suffer such recovery to which Lewis in a very friendly manner  agree and surrender the same accord and the appellant coote in consideration  thereof execute a agreement under his hand and seal oblige himself to perfect  a new lease in all respect agreeable to the lease so surrender the recovery be  afterward suffer the settlement make and the marriage take effect and Pritrich  repose a entire confidence in the appellant coote leave the old lease in his  hand think that the above agreement be sufficient to entitle he to the new  lease so agree to be make and be always afterward to his death so very sickly  and infirm as not to be able to transact his necessary affair he take no care  to have the new lease execute but in June die in possession of the premise by  virtue of the say agreement Lewis Pritrich have die intestate and leave but a  very inconsiderable temporal estate except the say farm Catherine his widow  and his three daughter the respondent who be then infant of tender year be  leave in a very low condition the great part of their dependence be on the say  farm from which necessitous circumstance of the family the appellant coote  pretend to despair of his rend immediate on the death of Lewis distrain the  cattle on the farm for non payment of the rend which be due but about a month  before and sell most of they whereupon the widow buy more cattle to new stock  the farm which the appellant coote also distrain immediate and order one  Fitzgerald his steward to sell the same and this so great distress the widow  and child that she become incapable of take proper care of her interest or of  do any thing to extricate herself and child out of the difficulty they then  lie under the appellant coote take advantage of this unfortunate situation and  presume that a new lease will never be demand of he enter into article in with  Amos Godsell the father of the appellant James Godsell to execute to he his  heir and assign or such other person as he shall nominate or appoint a lease  for three life of the say land but the widow Pritrich be inform of this treaty  and agreement give brown notice to Amos Godsell of the lease agree to be grant  to her late husband and that it be her child right and therefore forbid his be  any way concern in the farm but notwithstanding this notice Godsell enter on  the land of the say farm and instead of take a lease thereof in his own name  he desire his son the appellant James Godsell may be name lessee and a lease  be accord in April execute by the appellant coote to the say James Godsell  persuant to the say article but the widow still refuse to give up possession  of her farm house until the appellant Godsell threaten to make use of force he  at length get possession thereof for some year afterward the family continue  in very distress circumstance brown er p and this distress be increase by  their be unable to prosecute their right to the premise in question not only  on account of their poverty but because the appellant coots agreement be  accidental mislay and can not be find however the respondent Sarah and mary  have marry the one with John mammon and the other with the respondent Jonathan  Bruce and search have be make very narrow among the book and paper leave in  the study of the say Lewis Pritrich the say agreement be at length find and  thereupon the respondent Bruce apply to the appellant coote in a amicable  manner request he to execute a lease pursuant to the say agreement but this  request be absolute refuse the respondent on the that of November exhibit  their bill in the court of exchequer in Ireland against the appellant set  forth the say lease for life and that it be surrender to the appellant coote  to enable he to suffer a recovery and make a settlement on his marriage and  also state the say obligation or agreement under his hand and seal to perfect  a new lease in all respect the same with that surrender and charge the  appellant Godsell with notice of the say lease the bill pray a specific  performance of the say agreement and a account of profit and to have the  possession of the premise the appellant answer this bill and the appellant  coote confess the say lease for life renewable for ever and the surrender  thereof at his request and the agreement under his hand and seal to execute a  new lease exact the same with that surrender but swear he do not remember the  say agreement till produce to he by the clerk upon a commission for take his  answer he admit that Lewis Pritrich die in possession and have make  improvement on the farm but say that the respondent mother the widow waive her  pretention to a new lease the time be very bad and that he let the premise in  question to Amos Godsell by article and that afterward Amos have tell the say  coote that he have make over his interest in the article to his son James to  who he desire a lease may be make he execute a lease for three life to the  appellant James accord who by his answer insist on the say lease from coote  and that he have no notice of the lease to Pritrich brown the appellant coote  in file a cross bill against the respondent and Catherine Pritrich the widow  state that he have apply to Lewis Pritrich to renew the lease but he refuse  and take a lease for a year long since expire and thereby waive the agreement  for a new lease and that no application be ever make to he for a lease of the  premise till by the respondent bill In answer to which cross bill the  respondent and the say Catherine the widow deny that the appellant require the  say Lewis Pritrich so to do nor do they ever hear that coote apply to he for  that purpose save by the bill but on the contrary insist that Lewis be all  along determine to accept the lease so agree for as aforesaid the original  cause be at issue and witness examine be hear in part on the that of February  and further hear on the saint and d of December when it be order and decree  that the defendant coote shall execute a lease pursuant to the instrument and  lease in the plead mention and that the defendant James Godsell shall release  his right to the plaintiff and that they shall have a injunction to quiet they  in possession and that the defendant coote and Godsell shall account for the  mesne profit and that Godsell shall have a allowance for such valuable and  last improvement as be make by he pursuant to this decree a injunction issue  and by virtue thereof the respondent be immediate put into the possession of  the farm and land in question but soon afterward the appellant think proper to  appeal from the decree insist p York c Talbot that the lease of be absolute  surrender by Lewis Pritrich so that there afterward remain no estate in law in  he and the right which he have under the agreement execute by the appellant  coote in be only in equity and this equitable right he have waive by his  continual neglect and refusal to take a new lease propose several new  agreement for a less term and at last take a lease for one year only that the  respondent do not claim as purchaser for a valuable consideration but only as  heir at law of Lewis Pritrich who have relinquish all right to the premise and  refuse take a lease thereof when the land be fall in value and since the  appellant coote by the agreement for make a new lease can not compel the say  Lewis Pritrich or the now re brown er p spondents when land be of a low value  to execute a new lease agreeable to that of it will be hard after the  possession be quit and give up as aforesaid so much to the appellant coots  loss and after so great a length of time have pass without make any demand  that when the respondent see the land rise in value they shall have the aid of  a court of equity to compel the appellant coote to do what it be not in his  power to do and much less to oblige the appellant to account for the profit of  the land for so long a time that the appellant Godsell by virtue of the  article enter into with his father Amos and of the lease brown execute to  himself be now actual possess of the legal estate in the land and as there be  no sufficient proof in the cause that either he or his say father have any  notice of the respondent title previous to their say several agreement it be  humble apprehend that a court of equity ought not to have decree the appellant  Godsell to release his right to the respondent or to account for the profit on  the other side it be contend c Wearg t Lutwyche that there be no proof that  Pritrich ever take a lease for a year from coote and if he have waive his  title to a new lease it be most probable that he will have give up possession  and not have hold the farm from when he surrender his old lease till his death  in nor will he have continue to improve thet land at pound expense as be prove  in the cause without have a view of reap the benefit of such improvement that  as to the allege waiver of Catherine the widow there be no proof of it but  there be proof which control such a allegation videlicet that she give notice  of the lease to Amos Godsell and warn he not to take though farm and that  after coote have let it to he she refuse to give up possession of the house  until he threaten to take it from her by force and the appellant coots keep  the original lease in his hand cancel and never require the agreement for a  new lease to be deliver up to he be a far evidence that the widow never waive  the title beside as Pritrich die in possession of the premise under the lease  and intestate the respondent become entitle thereto as his coheir and  consequent the widow have no power to waive or relinquish their right by any  act or consent of she and more especial as they be then infant as to the  objection that the acquiescence from the time of the widow have quit  possession to the time of the respondent exhibit their bill be about nine year  be a confirmation that all right or pretention to a new lease be waive it be  answer that the melancholy condition under which the widow and child so long  labour together with the infancy of those child and the agreement be mislay  may very well account for that lapse of time for if the respondent have  presume that they can have recover without the agreement and have be in  circumstance to sue or of year to act it be not to be imagine that they will  have delay what be so apparent their interest for it be prove in the cause  that the land be worth eight shilling per acre in the year after Lewis  Pritrich die and have continue rise in value ever since and as to the other  objection that the appellant coote get nothing by let the farm to Godsell and  that the appellant Godsell be a purchaser without notice of the lease in force  to Pritrich for that though Amos Godsell have notice yet his son the appellant  have none it be answer that though Godsell may pay the same rend per acre as  Pritrich do yet he pay rend for about forty acre of common which Pritrich have  rend free and have the farm only for three life by which there brown arise a  considerable advantage to coote and as to notice if any be material there be  full proof of it to Amos Godsell which be insist on as good notice to the  appellant James who be his son and heir and actual name lessee by he and  therefore it be hope that the decree will be affirm and the appeal dismiss  with cost accord after hear counsel on this appeal it be order and adjudge  that the same shall bet dismiss and the decree therein complain of affirm and  it be further order that the appellant shall pay to the respondent the sum of  pound for their cost in respect of the say appeal jour vol p brown er p