case sir lister holt and another appellant robert low respondent April Mews  dig v the plea of a fine and long possession under it be not a good bar to a  bill bring for a discovery of the deed declare the use of such fine order of  the court of exchequer reverse William Lord Brereton be seize in fee of the  impropriate rectory of Middlewich and of the advowson and vicarage of the say  church as appendant to the rectory and be mind to sell the same agree with  Robert low the respondent grandfather for the sale thereof and in pursuance of  this agreement the say William Lord Brereton and Elizabeth his wife and  William their son and heir apparent in levy a fine sur conusance de law come  Ceo etcetera in consideration of pound therein mention to be the purchase  money in the court of the county palatine of Chester to the say Robert low and  to Edward Minshall Gabriel Hodson and John Wilson who all three afterward die  in low lifetime and to the heir of the say Robert low and warrant the same  against the say Lord Brereton and his heir for ever and the pound purchase  money then pay by low be a full price for the absolute purchase of the premise  at the time of this purchase one Laurence Griffith be vicar of the church and  afterward die in possession of the same in the year and upon his death the  respondent father brown Samuel low be then entitle to the advowson under the  say purchase will have present to the vicarage but Laurence Griffith have  never be institute to the same the crown become entitle to that turn of  present thereto by lapse and accord present one Thomas Falkner who be  thereupon institute and induct brown er p but Falkner refuse to take the oath  require by law be therefore deprive of the vicarage and the same again become  void whereupon the respondent father will have present thereto but can not  prevail on his clerk to accept the same till Falkner shall be actual put out  of the possession thereof Samuel low therefore prosecute he both in the  ecclesiastical court and at law for that purpose but before he can recover the  possession of the vicarage the then turn of presentation thereto become  likewise lapse to the crown who present one William handful clerk who be  institute and induct into the same but be afterward remove for incontinency  upon his removal Samuel low present John Cowper clerk who be institute and  induct into the vicarage and continue in possession till his death which  happen in September and during all these transaction the appellant or any of  those under who they claim never pretend any right to the rectory advowson or  vicarage but on the contrary the ancestor of the respondent ever after the  purchase in be and continue in possession and enjoyment of the rectory glebe  land tithe and chance of the church and pay the charge grow due out of the  rectory and in every respect act as owner of it about year together next after  the say purchase and until when upon the death of Cowper Francis Lord Brereton  take upon he to present one John Cartwright to the vicarage who be institute  and induct whereupon James low the respondent brother be then entitle to the  premise under the say purchase bring his quare hinder but his title prove to  be only a equitable one by reason of some settlement and provision in the  family make after the purchase he be disappoint in that suit and therefore he  file his bill in the court of chancery for relief in the premise but there  happen several abatement of the proceed by death the matter be not determine  before the death of John Cartwright the incumbent which happen on the that of  January upon cartwright death the respondent who be then entitle to the  premise present John Swinton clerk to the vicarage who be duly institute and  induct and afterward the appellant bring their quare hinder to recover that  turn of presentation claim the same under some conveyance from the family of  Brereton to which the respondent have plead his title to the rectory and  vicarage under the purchase and fine above mention the appellant in easter  term exhibit their bill in brown the court of exchequer for a discovery of the  deed and write declare the use of the say fine in bar to this discovery the  respondent plead the purchase so make by Robert low his grandfather and the  fine thereupon levy to he of the say rectory and the advowson of the say  vicarage and also the payment of the say sum of pound the purchaser money  mention in such fine that proclamation be duly make upon the say fine as  appear by the endorsement thereon and that no claim be make to the premise  within five year next after the levy thereof that Robert low the purchaser  survive the other conusees that the rectory and advowson by several mesne  conveyance and descent from the say Robert low become vest in the respondent  and that Robert low the purchaser and those claim under he enjoy the premise  for year and upward next after the time of levy the say fine without any claim  of title or interruption from any person whatsoever he also by his plea insist  on the statute of limitation James and that Robert low the purchaser have not  any notice at the time of levy the say fine or at the time of payment of the  say purchase money of the title set up by the appellant or of any title under  which they claim and in support of his plea the respondent by way of answer  say he believe the say Robert low to who the fine be levy be a honest  purchaser of the rectory and pay the pound mention in the fine and more for  the purchase thereof and that the same be the best price which can be then get  for the same and also that the say Lord Brereton intend to sell the rectory  without any reservation and deny that any advantage be take of John Lord  brereton lunacy at the time William Cowper be present as be suggest in the  bill on the that of November this plea come on to be argue before the baron  when after hear counsel on both side they be please to order that the plea  shall be allow brown er p from this order the present appeal be bring and on  behalf of the appellant it be argue I will n fazakerly that the fine insist by  the plea to have be levy to Robert low Minshall Hodson and Wilson be not levy  with a intention to convey the rectory to the conusees for their own use but  only to clear the title to the rectory which be then intend to be sell in  parcel and as there do not appear to be any declaration of the use of this  fine it will by the rule of law result to the conusors that the end of the  bill be to discover the intent and design of the say fine and of a subsequent  fine say to have be levy in to the say Robert low of diverse parcel of the say  rectory and by the discovery of this second fine and the use of it and the  consideration of such conveyance to show that the use of the first fine do  result to the conusors or at least as to such part of the rectory as be not  particular convey by the second fine and the deed declare the use of it and  therefore the first fine ought not to have be plead in bar to brown such  discovery without a denial of the particular circumstance charge by the bill  as a evidence of such result use that the respondent by not answer or deny the  several charge in the bill touch the second fine and the declaration of its  use do implicit admit the same and that the advowson of the vicarage be not  comprise therein and this admission be a strong evidence against he to show  that the first fine be levy only for the purpose above mention and that  nothing more be intend to pass to his ancestor than what be particular  comprise in the second fine and the declaration of the use thereof that it do  not appear by the plea what be the real purchase money of the advowson nor  that the same be pay by Robert low the respondent ancestor that the appellant  and the respondent derive under the same title and the right of the appellant  to the advowson appear from the respondent own conveyance the pretence  therefore of his ancestor be a purchaser without any notice of the appellant  title be without foundation and as to the quiet enjoyment the fine and  nonclaim and the statute of limitation set up as a bar to the discovery seek  by the appellant it be say that as to the glebe and such part of the tithe  parcel of the say rectory as the respondent claim there may have be a long and  quiet possession nor be his title thereto at all impeach by the appellant bill  but as to the advowson of the vicarage the only evidence of enjoyment insist  on by the respondent be a presentation about the year which be during the  lunacy of Lord John and since that time Lord Francis his heir present the last  incumbent and regain the possession of the vicarage it be therefore hope that  the say plea will not bar the appellant of a full discovery of the respondent  title but that the order for allow the same will be reverse on the other side  it be contend I strange r Fenwick that Robert low the respondent grandfather  and under who he claim be a purchaser of the rectory and the advowson of the  vicarage by the fine levy in for pound without any notice of any other title  and therefore by the know and establish rule and practice of court of equity  the respondent ought not to be oblige any further to discover or disclose his  title nor be the appellant entitle to the aid of a court of equity in respect  to such title that by the fine proclamation and nonclaim thereupon and by the  length of peaceable possession and enjoyment which the respondent grandfather  father and brother and those claim under they have successive of the say  advowson under the say fine and purchase the title under which the appellant  by their bill claim the same be utter and effectual bar and defeat both at law  and in equity and therefore the order for allow the plea ought to be affirm  and the appeal dismiss with cost but after hear counsel on this appeal it be  order and adjudge that the order therein complain of shall be brown reverse  and that the plea shall stand for a answer with liberty to except so far as to  oblige the respondent to discover any conveyance or conveyance make by William  Lord Brereton and Elizabeth his wife and William Brereton esquire their son or  any or either of they to Robert low the respondent grandfather alone or joint  with any other person or person and to discover any deed or deed declare the  use of a fine in the plead mention to be levy in the that year of king Charles  two or declare the use of a fine in the plead also mention to be levy in the  year jour vol p brown er p