case sir edward BAESH and another appellant John more and other respondent and  march Mews dig I see banc de Portugal v waddell a c No evidence can be give on  the hear of a appeal in the house of lord which be not read or insist on in  the court below by deed enrol date the that of January and by a fine levy in  pursuance thereof the manor of battle hall and the land thereto belong in the  county of Essex be for a valuable consideration settle and convey to the use  of James Waad for life with remainder to his first and other son in tail male  remainder to his daughter in tail general with other remainder over in this  James Waad intermarry with Frances Eltonhead and previous to this marriage the  say manor of battle hall be settle on her for life for her jointure in James  Waad die leave the say Frances his widow and William his only son and the  appellant dame Ann his only daughter whereupon Frances the widow who afterward  intermarry with sir Joseph Douglas enter upon battle hall and continue in  possession till her death brown er p in December William Waad the son mortgage  the manor and land of battle hall together with the manor and land of Peytons  hall to Samuel hind for year subject to redemption on payment of pound and  interest pound part whereof be the money of Edmund Hussey to who the  respondent mary more be administratrix and the remain pound belong to hind  himself who afterward die leave the respondent Richard hind his executor brown  in October William Waad die leave Ann his widow and two child namely William  and Ann who both soon afterward die infant and without issue in lady Douglas  the jointress of battle hall die whereupon Ann the widow of William enter on  the estate but a ejectment be soon afterward bring against her for the  recovery of it by the appellant this ejectment be try at the bar of the court  of king bench in easter term when the defendant set up a recovery suffer by  her husband and insist that by virtue of this recovery all the subsequent  remainder in the original settlement be bar but it appear that the recover be  suffer in the lifetime of the jointress who be no party to it the court be of  opinion that it be void for want of a good tenant to the precipe and therefore  a verdict be give for the plaintiff and judgement enter up and upon a writ of  error in parliament this judgement be affirm jour vol p soon afterward the  respondent more and his wife bring their bill in chancery against the  appellant and also against the respondent hind to have a satisfaction of what  be due to they upon the mortgage or otherwise that the appellant may be  foreclose the appellant put in a answer to this bill but it do not appear that  they thereby set up or insist upon their title under the settlement on the  that of July the cause be hear at the roll when the court decree that a  account shall be take of what remain due upon the mortgage and that the  mortgage premise shall stand charge with what shall be so find due and upon  payment thereof the same be to be reconvey to the defendant sir Edward Baesh  and his wife but on default of payment they be to stand foreclose of their  equity of redemption from this decree the present appeal be bring and on  behalf of the appellant it be insist p Crawford that as to the estate of  battle hall the appellant dame Ann title thereto be that of a purchaser for a  valuable consideration paramount the mortgage which she be neither privy to  nor have any part of the money lend thereon and be not therefore in any manner  bind by it and that the other estate comprise in the mortgage which the  appellant admit to be subject to it be a sufficient fund for raise the money  due thereon on the other side it be say W Banastre that the respondent be  absolute stranger to this old settlement that the appellant never make any  mention of it in their answer in chancery nor be it prove in the cause or even  insist on at the hear and that therefore no regard can be have or any use make  of it now it be a know and constant rule that nothing can be read in evidence  on the hear of a appeal which be not read or insist on in the court below  brown after hear counsel on this appeal it be order and adjudge that the  decretal order complain of shall be rectify by add thereto the word follow  videlicet that the mortgage premise shall stand charge with what shall be find  due thereupon against any title the defendant Baesh and his wife claim by from  or under the say William Waad jour vol p