case in chancery hob contra Norton c follow in re Overend Gurney   l r Eq see  low v Bouverie Ch Crofts v Middleton de gex m g king I S c vern the case  purchaser not relieve against the Title of a who encourage he to purchase when  and when not the father of two of the defendant grant to the young brother and  his heir a annuity charge on the land in question with power of revocation and  die the young brother treat with Hobbs to sell to he the annuity Hobbs before  his purchase inquire of the elder brother whether there be any revocation make  he tell he none that he have still pay the rend and know nothing to the  contrary but that he must pay it and much to that effect and continue payment  Hobbs for valuable and full consideration purchase the annuity of the young  brother the elder brother after some time of payment to Hobbs refuse payment  of the annuity Hobbs exhibit a bill to be relieve as in amiss case where a  mortgagee or Conizee of a statute be inquire of by he who be in treaty to  purchase the land whether the land be free of encumbrance and be tell by he  that there be none and that he may safe purchase whereupon he purchase and be  relieve against the mortgagee the heir defence be that he do acknowledge the  inquiry and his answer thereon but then know nothing to the contrary but yet  that ought not to prejudice he for that since then he have discover a  settlement make by the grandfather on marriage of the father grantor of the  annuity whereby in consideration of marriage and a valuable consideration of  money the land be entail on the father to which entail he be heir and by  consequence the grant of the annuity void as to he and that this settlement be  conceal from he till of late that his payment and acknowledgement be while he  be ignorant of his right and innocent do and ought not to oblige he that amiss  case differ from his for there be a fraud to draw on a purchaser in encourage  the purchaser against his own Act and knowledge it be fraud if not malice to  do so there be another point arise on the debate but as to this the Lord  chancellor deliver no opinion case in chancery er p