brown case david POWFLL et Ux  Appellants William Pleydell and  another Respondents that January Mews dig seven ten xiv a voluntary agree to  give certain house to his niece and the heir of her body after the death of  himself and his wife in case they shall leave no issue but no conveyance be  execute by a though he live above twenty year afterward in the mean time a  become indebt by mortgage judgement c and by his will devise all his estate  both real and personal to his wife this agreement be not good against a  purchaser for valuable consideration although he have notice by be a subscribe  witness to it viner vol p can Eq can ab can John Fletcher esquire be entitle  to several house and land in and about the city of Dublin and both he and his  wife have a great kindness for the appellant Elizabeth who be her niece and  God daughter he give her the follow write videlicet I John Fletcher of the  city of Dublin merchant do hereby promise and engage myself that I will give  unto my niece Elizabeth Burton so many house and land in and about the city  and suburb of the city of Dublin as do now amount to the yearly value of pound  or pound sterling per and the same to come to my say niece or the heir of her  body front and immediate after the death of I the say John Fletcher and  Elizabeth my now wife if we die and leave no child otherwise this present  write to be void and of none effect and I do further promise and engage that I  will perfect such deed or conveyance of the premise unto the say Elizabeth  Burton at her marriage if it be desire accord to the true intent and meaning  of these present as counsel learned in the law brown er p shall advice or  devise in witness whereof I have hereunto set my hand and seal the that day of  July this write be sign by Fletcher and attest by three witness of who the  respondent Pleydell be one in January the appellant marry and the appellant  David accept the above write as a addition to his wife portion and accord  settle a suitable jointure for her No conveyance be ever execute by Fletcher  pursuant to this agreement but he be indebt to the respondent Pleydell in  pound and upward upon several judgement Pleydell in July sue out a execution  under these judgement and by virtue thereof seize several of Fletcher  leasehold house in Dublin which be appraise at pound be sell by the sheriff  for that sum to the other respondent Culpepper in trust for Pleydell and he  accord enter and continue in the quiet possession of these house during the  life of Fletcher and his wife in march John Fletcher die without issue have  make his will and thereby devise all his estate both real and personal to  Elizabeth his wife who accord enjoy the same till September when she also die  without issue and intestate brown whereupon one dr Woodroffe obtain letter of  administration of her effect and also administration de good non of John the  husband and in this capacity dr Woodroffe on the that of April execute a  conveyance of all the testator estate in or near the city of Dublin to the  appellant their heir executor administrator and assign for ever but the effect  of this conveyance be impede by the possession of Mr Pleydell under the above  purchase the appellant in easter term exhibit their bill in the court of  chancery in England where Pleydell reside against he and the other respondent  Culpepper in order to set aside the aforesaid judgement and execution for  fraud and without consideration and to compel a assignment of the say  leasehold premise and a account of the rend and profit from the time of mrs  Fletcher death on the that of July the cause be hear before the Lord keeper  wright when his lordship declare that he see no reason in equity to give the  plaintiff any relief and therefore order the bill to stand dismiss from this  order of dismission the plaintiff appeal S Harcourt W Dobyns and on their  behalf it be say to be prove in the cause that Fletcher at the time of give  the judgement in have several suit depend against he in Ireland and there be a  particular intimacy and correspondence between he and the respondent Pleydell  the judgement be confess voluntary to Pleydell in order to cover and protect  the state from Fletcher so the creditor but suppose the judgement to have be  fair obtain yet it be in proof that at the time of the pretend sale the house  be worth pound more than what they be appraise and sell for that in case any  thing be real due from Fletcher at the time of the judgement yet it be  afterward bring into subsequent account between he and the respondent Pleydell  and make part of a certain sum of pound for which Fletcher mortgage to  Pleydell a large estate in Herefordshire and which he Pleydell be then in the  possession of and that at the time of execute such mortgage the bill penal for  pound upon which the say judgement be obtain be deliver up and cancel so that  if the order of dismission shall stand the respondent Pleydell who be no  relation to Fletcher or any of his family will go away with the estate in  Ireland for nothing and also have whatever money be due to he ample secure  upon the other estate in Herefordshire while the appellant will be total  deprive of the provision intend for they by Fletcher although the respondent  Pleydell be himself a witness to the write of the that of July and therefore  can not pretend ignorance of the appellant right on the other side it be argue  W Cowper that from the write itself it be manifest that Fletcher mean to  convey freehold and not leasehold house and land for the heir of the body of  Elizabeth be thereby intend to take that Fletcher be then seize of diverse  freehold house and land in and about Dublin part whereof be sell to the Lord  primate of Ireland above twenty year ago and the residue remain unsold but  that the promise in question brown be all leaseholds will not bear any such  limitation that if Fletcher do intend the brown er p house in question yet the  agreement be only voluntary and upon no consideration either of money or blood  as to money none be even pretend and as to blood there can be none the  appellant Elizabeth be only the daughter of Fletcher wife sister that the  agreement be also executory and yet no demand be ever make for a specific  performance of it till Fletcher and his wife be both dead who live almost  twenty year after the date of the agreement that it full appear by the proof  in the cause that the respondent Pleydell be a fair purchaser upon a full and  valuable consideration without any manner of fraud that the judgement be  confess when he be a real creditor that at the time of levy the execution  there be above pound due to he and that the pound at which the house be  appraise and sell be allow by Fletcher himself to be the full value of they  and therefore the dismission of the appellant bill be just and agreeable to  the rule of equity and ought to be affirm with cost accord after hear counsel  on this appeal it be order and adjudge that the same shall be dismiss and the  order or decree therein complain of affirm jour vol p