clayton contra duke of newcastle July the heir sell in the life of the  ancestor and receive the money the ancestor die the heir be decree to convey  the earl of Newcastle purchase Clipston in the county of Nottingham to he and  to sir Charles Cavendish in fee in trust for himself and his heir the rest of  his manor and land by recovery and deed he settle in trustee for himself for  life and to pay debt and raise portion after his death and the war fail out he  go beyond sea in which time videlicet of his abode there the Lord Mansfield  his heir apparent and Henry his son and now duke act on the earl behalf sell  Clipston to Wakefield in fee for a full consideration in trust for William  Clayton the conveyance be make by the Lord Mansfield and Henry his son now  duke and by Rolleston who be then the survive trustee in the great settlement  aforesaid but be not estate in Clipston for that be not comprise in that  settlement but the legal estate be in the earl and sir Charles Cavendish and  the purchasemoney be duly pay to the vendor and part pay by they for a  daughter be portion Wakefield and William Clayton for who I S be trustee on  treaty of a marriage to he have and portion covenant to settle Clipston inter  alian on the plaintiff himself with remainder c to the first second c son in  tail c and a settlement tiel quel make accord and possession accord enjoy till  when the earl return into England and enter on the estate and diverse suit  arise between the earl and Clayton they both die the Lord Mansfield die the  now duke heir to they both be in possession Clayton wife of William sue to be  relieve for Clipston be make to her in jointure but oppose by the now duke on  two ground case in chancery saint by certain article make between the earl and  Clayton whereby Clayton be to convey Clipston c inter alian to the earl but as  to they the court in a case in chancery er p Cause late hear between the now  duke then plaintiff c to have the article perform and pound pay accord to  those article have set they aside because they be wave and new agreement make  and other reason and the duke be bill dismiss dly because the person who  contract with and convey to Wakefield have no estate in they nor be trust by  the earl to sell but the estate in ne of Clipston be in the earl himself and  sir Charles Cavendish in trust for the earl and sir Charles Cavendish die and  the earl survive the whole legal estate do vest in the earl and be come by  descent to the now duke as heir to the Lord Mansfield and the earl and he have  the legal estate in law and equity also whereas mrs Clayton the plaintiff have  only equity with her if so much and then where law and equity be it will  prevail against equity without law and the defendant deny that the earl ever  give any authority for the sale of Clipston or know of the sale or employment  of that money but that during his exile he be maintain by his brother and that  the earl by his entry be estate in his first right and no way bind by what be  do of other the that the now duke have take upon he to convey and convey the  land by indenture under his hand and seal as also the Lord Mansfield do and  receive the purchasemoney and employ it for the benefit of the family and have  now no Title but as heir now that he be come to be owner of the land he sell  he shall be bind to make good the sale and accord the Lord chancellor decree  it in the hear of the Cause offer be make to read proof to support the article  because there be no decree in the other Cause but only a dismission but the  Lord chancellor do not admit it