brown case sir Redmond everard Bart appellant Elizabeth aston spinster  respondent that February Mews dig way a mortgagee of part of a estate in  Ireland file his bill of foreclosure in the court of chancery in England and  obtain the usual decree a mortgagee of other part of the same estate file his  bill of foreclosure in the court of chancery in Ireland and on hear this cause  the defendant counsel desire that the decree of the court of chancery in  England may be read to the intent that the decree of the court of chancery in  Ireland may be make agreeable thereto but this request be refuse because the  present plaintiff though a defendant in the former cause be not bring to hear  in that cause and consequent no party to the say decree viner vol p can sir  John Everard Bart the appellant father be seize in fee of the town and land of  Knockelly Killknockane and barrett town and other land in the county of brown  er p Tipperary in Ireland forfeit his estate in the rebellion in that kingdom  year and afterward die leave the appellant his only son and these land among  other forfeit estate be by a act that and that William III vest in trustee for  the use of the public in the saint year of queen whether a private act of  parliament be obtain in favour of the appellant who be then a infant by which  on payment of pound to the trustee of the Irish forfeiture they or any seven  of they be empower to convey all the estate whereof the say sir John Everard  be seize on the d of November to mary duchess of Devonshire James duke of  Ormond William marquis of Hartington Richard Lord viscount Ross and Thomas  wright Esq and their heir in trust by sale or mortgage of the premise to raise  the say sum of pound and such other sum as shall be necessary to discharge the  encumbrance affect the say estate and also such other sum as shall be think  requisite for the maintenance education and settlement of the appellant and  then the premise subject to the payment of those sum be to be and enure to the  use of and in trust for the appellant his heir and assign for ever and the say  trustee be empower to authorize any person or person to execute power and  authority thereby to they give in pursuance of this act the appellant trustee  execute a letter of attorney to John butler and Philip tisdall authorize they  to receive the rend and profit of the estate and to execute the power vest in  the say trustee by the say act in may butler and tisdall make a mortgage of  part of the estate to sir Burgundy Mackworth Bart in trust for butler in order  to secure a sum of pound which he have expend on the trust account and in  October follow the trustee make a mortgage of other part of the estate to dr  William oldis for secure pound and interest which latter brown mortgage be  afterward assign to the respondent in consideration of pound after the death  of butler his widow file a bill in the high court of chancery to foreclose the  equity of redemption of the mortgage take in sir Burgundy mackworth name  whereupon the appellant exhibit a cross bill against her and the respondent in  respect to her assignment of the say second mortgage allege that both the say  mortgage be obtain by fraud and on the hear of both cause on the that of may  the Lord chancellor Harcourt declare that both the say mortgage appear to have  be make not for money but for business do for the infant and for gratuity and  his lordship be of opinion that the appellant trustee have not power to  mortgage any part of his estate for the payment of gratuity however he decree  a account to be take and that in the meantime the say mortgage shall stand as  a security for what if any thing shall be find due to the widow of the say  John butler and this decree be afterward affirm upon a rehear but pen this  suit videlicet in the respondent exhibit her bill in the court of chancery in  Ireland against the appellant and other pray that she may be put into  possession of the premise comprise in the mortgage to dr oldis on pay off the  prior encumbrance or that the say premise may be sell to satisfy her demand to  this bill the appellant by his answer insist that the say mortgage have be  obtain by fraud and circumvention and in trust for butler that the trustee  have no power to mortgage his estate for the payment of gratuity and that if  the mortgage be of any force against the appellant it can reach no far than to  stand as a security for so much as upon a fair account shall appear due from  he to the widow of the say John butler on the that of February this cause be  hear and upon the hear thereof inasmuch as the respondent claim under Lucy the  widow of the say John butler and that dr oldis who assign to the respondent be  but a trustee for butler the appellant counsel desire that the decree make by  the lord chancellor of great Britain may be read to the intent that the decree  of the court of chancery in Ireland may be make agreeable thereto but the lord  chancellor of Ireland be please to refuse this request and contrary to the  purport of that decree his lordship decree that the respondent shall recover  against the appellant and out of the say mortgage premise the principal sum of  pound and the pound remain due for interest when the mortgage be assign with  the interest which have since grow due thereon together with her cost and a  account be direct to be take thereof and of the several mortgage and  encumbrance wherein the other defendant be interest and it be further order  that the respondent shall be at liberty to redeem the say mortgage premise  upon brown er p pay to the prior encumbrancer their principal interest and  cost and that thereupon she shall be let into brown the possession of the say  mortgage land and enjoy the same until full satisfaction of her principal sum  of pound and pound and the grow interest thereof and such sum as she shall pay  to the prior encumbrancer and the interest thereof together with her costs And  upon a rehear on the that of may this decree be affirm with only this  alteration that the pound mention in the say decree as interest remain due at  the time of assign the mortgage shall not carry interest from these decree the  present appeal be bring and it be insist on behalf of the appellant c Phipps r  Raymond that his trustee have no power to make a mortgage for secure money  intend to be due for business do for the appellant when a infant or for  gratuity and as it appear that the say dr oldis mortgage be obtain by fraud  and circumvention during the appellant minority and be take in trust for the  say John butler as a gratuity or recompense for his pretend service the same  be void in its original creation and the appellant ought to have be relieve  against it that the decree of the court of chancery of great Britain be refuse  to be read that the respondent assignment be take at the instance and  solicitation of Lucy the widow of the say John butler or her agent and  consequent the respondent must have know that dr oldis be only a trustee for  butler and that whatever money she pay on such assignment be to come to the  say Lucy butler and not to dr oldis and that therefore the respondent can not  be entitle to any better relief than the doctor or Lucy butler will be that  the money pay by the respondent if any be not for the appellant maintenance  education or settlement and that as her title be proper determinable at law  she can expect no more from a court of equity than to set aside those  encumbrance which may hinder a fair trial at law on behalf of the respondent  it be insist n Lechmere W peer William that dr oldis do actual advance the  pound mortgage money and pay the same into the hand of the duchess of  Devonshire who be the appellant guardian and chief act trustee that dr oldis  be desirous to be repay his money the respondent upon the application of the  appellant trustee and those employ by they do actual and good fide advance and  pay to the doctor the say sum of pound and pound upon his assignment of the  mortgage that the respondent have no reason to believe or imagine that the say  mortgage be not fair and honest or that dr oldis be any way a trustee for John  butler the appellant agent or any other person whatsoever nor be there any  proof thereof or that the respondent have notice of any such pretend fraud or  trust that the respondent be the rather induce to advance the say mortgage  money because those noble person who be the appellant trustee join in the  assignment and they or some of they brown be then please to assure the  respondent that the security be a good one and that she shall be repay the say  mortgage money and interest and as the respondent be not in the least degree  privy to any fraud or trust if ever there be any in relation to the say  mortgage so she can have no reason to suspect any touch a security in the  transfer whereof such noble and honourable person be concern and as to the not  allow the decree make in England against the say Lucy butler to be read in  evidence against the respondent it be insist that such evidence ought not to  be allow in regard the respondent be not bring to hear in that cause nor a  party to the say decree accord after hear counsel on this appeal it be order  and adjudge that the same shall be dismiss and the decree therein complain of  affirm and after a debate as to cost and the question put it be order that the  appellant shall pay the respondent the sum of pound for the cost of the say  appeal jour vol p brown er p