chancery report come arglas con henry MUSCHAMPE car f relief against overreach  bargain fraud c that Thomas first earl of arglas the now plaintiff father and  William earl of arglas the plaintiff brother be seize in fee of the premise in  question and make diverse Settlements thereof by which in case of failure of  issue male of the say William the say estate shall come to the plaintiff and  the heir male of his body that Thomas the plaintiff father die leave issue  male only earl William and the plaintiff and earl William be dead leave issue  male only the last earl Thomas the plaintiff nephew and the say last earl  Thomas upon his marriage with his now wife levy a fine and suffer a recovery  but not with intent to defeat the remainder to the plaintiff but only to  settle a jointure and several deed be execute lead the use by which there be a  remainder in fee reserve for the plaintiff for want of issue male of the last  earl Thomas and the say last earl Thomas to the intent the reversion of the  premise shall come to the plaintiff and the heir male of his body do for  convey the say premise to the use of the last earl Thomas for life and in case  of failure of issue male of his body to the plaintiff chancery report and the  heir male of his body with remainder over that earl Thomas the plaintiff  nephew come over into England and get acquaintance with the defendant  Muschampe and be in want of money the say Muschampe lend he pound and for  security he press the say earl to make it out of his estate in Ireland and the  say defendant have the draw the security bring the say earl some write ready  to be execute of which the say earl have no copy or counterpart neither do he  give time to peruse the same and the say earl rely on the defendant integrity  seal the same believe the say security to be void on payment of the say pound  as the defendant affirm d it shall but the say deed be make to settle on the  defendant a rentcharge of pound per annum to his own use which be do by fraud  there ought to arise a trust which ought to go and be enjoy by the plaintiff  accord to the aforesaid settlement make on the plaintiff and the plaintiff be  Willing to pay the defendant whatever sum of money he bath real lend or pay to  the say last earl Thomas with interest the defendant insist that the say last  earl Thomas by deed in for pound and other consideration grant to the  defendant a chancery report rentcharge of pound per annum without any  deduction to be issue out of the estate in Ireland to be hold by the defendant  and his heir and to commence at such of the feast as shall first happen after  the death of the say last earl of arglas without issue male with power to  distrain and a proviso that if the say last earl shall during his lifetime  have or at his death leave issue male which do attain to the age of twentyone  then the say grant to be void and of the say pound there be at one entire  payment pound pay to the say last earl and the defendant have a receipt for  the say pound and say the deed be fair execute and make without any fraud or  practice and insist that the say grant of a rentcharge be on a contingency so  uncertain that pound be a sufficient consideration for the say grant which  pound be pay thus videlicet pound after the agreement and before the  conveyance of the say rentcharge and pound to the say earl the same day the  conveyance be execute and the say money be pay as purchase money and not as  money lend and the say earl approve of the say conveyance though he have no  Copy and after the say defendant purchase of the rentcharge and since the  exhibit of this bill the say earl Thomas have chancery report give the  defendant a general release under hand and seal wherein it be declare that the  bill be exhibit against the defendant contrary to the say earl direction and  disallow all further proceed thereon against the defendant this court upon  read the say deed and several precedent in this court as well in the reign of  queen Elizabeth king James king Charles the first as in his now majesty reign  where relief have be give against overreach bargain and contract make by young  heir and take into consideration the circumstance of this case it appear that  Thomas earl of arglas at the time of this bargain be very young and of a easy  nature and have forsake his wife and friend and come to London where he live  in riot and debauchery and for the supply of his expense therein be this  bargain make wherein it do not appear he take the advice of any chancery  report er p friend or counsel but rely whole on the defendant that the  consideration of this grant be very small be but one year purchase for a  rentcharge in feesimple which be now happen in possession and the overvalue be  it never so great be not of it self sufficient ground to set aside a bargain  or whereupon this court can presume fraud yet it be a great evidence of fraud  where there chancery report be other circumstance concur as there be in this  case and whereas the defendant insist that the contingency of the death of a  young man without issue male be so great that it can be esteem a overvalue  such a reversion not be worth one year purchase his lordship declare he look  upon it as a artifice of the defendant for it be easy to persuade the earl  Thomas who can not judge of his own defect that the defendant have the worst  of the bargain whereas it be not likely the defendant will have make it but  that he think earl Thomas will in a short time destroy himself by his vicious  and debauch course of life and his lordship be of opinion the defendant have  circumvent the say earl Thomas in his bargain and conclude on the whole matter  that the plaintiff ought to be relieve in this court and the release make by  earl Thomas without any consent after the settlement make upon the plaintiff  ought to be no bar thereunto but in as much as his lordship find by the  precedent that in such case this court do not turn any loss upon the defendant  but only correct the excess and extravagancy of such bargain therefore his  lordship think fit the pound shall be restore to the defendant chancery report  with consideration for the same at pound per cent and on payment thereof the  defendant to convey the say rentcharge of pound per annum and all his Title  interest and demand in the premise to the plaintiff and grant a perpetual  injunction not only to stay all proceed at law but for quiet the plaintiff his  heir c in the possession of the premise Langton v north chancery report er  report date Langton contra north all car f marriage settlement that sir Robert  Gouning decease be seize of land and a great personal estate upon a marriage  to be have between he and the defendant dame whether daughter of sir Robert  Cann article of agreement be execute and in pursuance of the article a  settlement of part of the premise be make upon the defendant dame whether for  her jointure and in the say settlement there be a covenant on the say sir  Robert Gounings part to lie out as much money in the purchase of land as will  amount to pound per annum to be settle on the say dame whether for her life  remainder to the heir of the say sir Robert Gouning which be intend to be a  enlargement of his real estate and to be for the benefit of his chancery  report heir but the say defendant dame whether refuse since the death of sir  Robert Gouning her husband to who she be administratrix to execute the say  covenant in specie by purchase of land of pound per annum to be settle accord  to the covenant as aforesaid and which ought to come to the plaintiff as  coheir of the say sir Robert Gouning the defendant insist that the say  covenant be make in favour of the say dame whether only and not for the  plaintiff the heir benefit and the defendant also as administratrix claim  Title to the mortgage land at Siston insist that the same be a chattel lease  for a long term of year which by assignment come to mary Gouning sister of the  say sir Robert and that she afterward procure a release of the equity of  redemption for pound include therein the money due upon the say age and that  she purchase the reversion in fee thereof in the name of her brother sir  Robert which she do on purpose to keep the lease distinct and separate and  that it ought not to go to the heir but to the administratrix but the  plaintiff insist that the say lease ought to attend the inheritance which mary  Gouning to who the plaintiff be heir buy in for that purpose in the name of  the say sir Robert her chancery report brother and that the same ought to come  to the plaintiff as other the real estate of the say sir Robert this court  declare as to the land at Siston it be a inheritance and ought to go to the  heir at law and decree accord and as touch the covenant for purchase of land  of pound per annum this court dismiss the bill chancery report er p