case duke of bolton versus dean refer to Hicks v Sallitt de g m g ante and  reference Eq Abr c S c wms in court Lord Macclesfield a lessor suffer the  lessee to hold the land after the lease be determine equity will not compel  the tenant to account for the mesne profit unless the lessor be hinder from  enter by fraud or some extraordinary accident in this case a lease have be  make by some of the duke ancestor under who he claim to one James dean for the  life of himself and of whether and Elizabeth his two daughter and the life of  the long liver of they upon dean intermarriage with the defendant his second  wife these land be settle on her by way of jointure for her life and they have  issue a daughter who be likewise name Elizabeth then James dean die and  afterward his two daughter be the two remain life in the lease die likewise  whereby in strictness of law that lease be at a end but there be still a  daughter name Elizabeth alive the duke ancestor or the duke make no entry but  conclude the lease be still subsist and the defendant have hold these land  under this mistake title for several year but now very late upon a precedent  in chancery er p inspection into the lease the mistake be discover the  defendant acquaint the duke with it and he have possession deliver to he and  now bring this bill for a account of the rend and profit from the time of the  determination of the lease Lord chancellor be clear of opinion that where one  have title of entry and neglect to enter or to bring his ejectment but sleep  upon it for several year that as he have no remedy at law for the mesne profit  so neither have he in equity for it be his own fault he aid not enter and he  shall never come into a court of equity for relief against his own negligence  or to make the tenant in possession who hold over his lease to be but his  bailiff or steward whether he will or not but in the present case by reason of  this circumstance precedent in chancery of both daughter be of the same name  and the mistake consequent thereupon the defendant be decree to account for  the mesne profit from the time of the expiration of the lease and so it will  be where any fraud have be use to conceal the title from the lessor or in case  of a infant but otherwise general where the party have no remedy at law he  shall have no relief in equity for the mesne profit but from the time of a  entry make which he at his peril ought to have take care of so soon as his  title begin precedent in chancery of boundary S the number three in curian  porter