case robert kennedy and other appellant John Pigott and another respondent d  January a plead a inquisition post death m f whereby it appear that m f under  who the defendant claim be tenant in tail the plaintiff object that the  defendant ought to have plead the settlement whereby e f be tenant in tail and  not have plead that he be tenant in tail as appear by the inquisition post  death find the settlement for that inquisition can at most be only evidence of  the settlement and a matter of evidence be not pleadable either by the rule of  law or equity but this objection be overrule and the plea allow order of the  Irish chancery affirm viner vol p can by a inquisition post death of miler  faith take the that of September it appear that Garrett faith be seize in fee  of several land in the county of Westmeath in the kingdom of Ireland and that  he and Simon petit in the month of April convey the say land to Peter welldone  and other and their heir to the use of the say Garrett faith during his life  and then to the use of the heir male of his body remainder to miler faith  brother of the say Garrett in tail male with fifteen several remainder to  fifteen other person particular name of the brown surname of faith successive  in tail male with remainder to the right heir of George faith the father of  the say Garrett faith that miler faith be at the death of the say Garrett  faith his brother and next heir that miler faith enter on the say land and be  seize thereof in tail male and that on the that of November miler faith die  leave Edward faith his son and heir this Edward faith be tenant in tail of the  say land do on the that of January demise the same to George Aylmer and  Richard nugent for year upon certain trust long since determine and afterward  in trust for his old son Garrett faith and the heir male of his body with  diverse remainder over in tail male to the same person as be name in the  settlement of Edward faith be indict and outlaw for high treason on account of  the Irish rebellion in the land be seize and sequester but on the that of  November nugent the survive lessee together with Garrett faith the beneficiary  and trust of the term exhibit their claim for the say lease before the  commissioner appoint to execute a act entitle a act for the better execution  of his majesty gracious declaration for the settlement of the kingdom and  Ireland and satisfaction of the several interest of adventure soldier and  other his subject there this claim come on to be hear before the say  commissioner on the that of march when they declare that it appear to they  that the say Edward faith by his deed date the that of January do demise unto  the say Aylmer and nugent the say land for a term of year at the yearly rend  of a grain of wheat upon the say trust and that it likewise appear to the say  court that Edward faith at the time of in make the say lease be tenant in tail  male of the say land so that the say lease after the death of the say Edward  faith who be then live and a nocent person appear to the say court not to be  good as to the say entail land and thereupon the say commissioner decree the  say Edward faith to be a nocent person and the claimant innocent and that they  be entitle to the brown er p benefit of the say lease subject to the say trust  but determinable nevertheless on the death of the say Edward faith in  pursuance of the say act of settlement the reversion of these land be on the  saint of February grant by certificate and letter patent to Thomas Pigott and  Matthew lock and their heir with a save to the say decree of innocency of the  trustee and the beneficiary and trust of the say term and by a clause in the  act of explanation it be enact that all letter patent grant by virtue of that  act shall be and be thereby confirm to the several person in such patent name  accord to their several estate therein grant against the king and all other  person discharge of all estate remainder title and interest whatsoever not  decree by the say commissioner in Thomas Pigott one of the patentee die  whereupon his moiety of the say land descend to the respondent brown John  Pigott as his son and heir and Matthew lock the other patentee convey his  moiety for a valuable consideration to Henry monk the father of the other  respondent George monk in Edward faith die leave Garrett faith his son who  soon afterward get into possession of the say land and upon his death George  faith his son the father of the appellant mary and alson enter upon the same  upon the death of Edward faith the respondent Pigott and the say Henry monk be  advice that they have a right to enter but as the title of protestant under  the act of settlement and explanation be not much countenance in the reign of  king James two they desist until after the revolution and in make a entry and  soon afterward divide the land between they and proper deed of partition be  execute on that occasion they in Trinity term respective levy a fine of each  divide moiety by indenture of lease and release date the that and that of  march the say Henry monk in consideration of the marriage of his son George  the respondent and of a marriage portion of pound settle his divide moiety of  the say land on his say son George for life with remainder to his first and  other son in tail male in September the appellant mary and alson as the  daughter and coheir and also administratrixes of the say George faith together  with the other appellant their husband exhibit their bill in the court of  chancery in Ireland against the respondent charge they with have get into  possession of the premise by force fraud and violence and therefore pray that  they the plaintiff may be decree to the possession thereof for the remainder  of the say trust term of year and have a account of the rend and profit to  this bill the defendant plead the inquisition and the several other matter  above state and also the length of possession in bar to the relief thereby  pray and by their answer they several deny all the fraud force and violence  charge by the bill on the that of November these plead be argue when the Lord  chancellor declare that the statute of limitation be not well plead as the  twenty year be not expire at the time of fill the bill and that as to the fine  plead it be not good because it shall have be a fine and nonclaim but be of  opinion that the lease for year be determine by the death of Edward faith the  tenant in tail he be please to allow both the plead and that the plaintiff may  reply thereto if they will without cost from these order the plaintiff appeal  insist e Northey r Raymond that the respondent ought to have plead the  settlement whereby Edward faith be only tenant in tail and not have plead that  he be tenant in tail as appear by the inquisition post death find the  settlement for that inquisition can at most be only evidence of brown the  settlement and a matter of evidence be not pleadable either by the rule of law  or equity that the statute of limitation be no bar in this case the appellant  have file their bill before the expiration of year after they be force out of  possession that as to the respondent monk plead himself to be a purchaser for  a valuable consideration videlicet marriage and portion it be apprehend to be  no bar to the appellant demand since he have not plead himself a purchaser  without notice of the lease and the trust thereof and even if he have so plead  yet it can not have avail he because in the very patent under which he claim  there be a save of the appellant right beside brown er p their title further  appear by the decree of the commissioner which be of record and a purchaser  must be presume to have notice of every thing which appear by the deed under  which he derive his title and as to the fine it be conceive they ought not to  bar the appellant right for the remainder of the term the respondent not have  plead that there be no entry or claim within five year after the fine be levy  or after the appellant mary and alson come of age on the other side it be  contend n Lechmere S mead that the order be just that the lease be determine  in law by the death of Edward faith the tenant in tail and that the appellant  can have no title by virtue thereof accord after hear counsel on this appeal  it be order and adjudge that the order therein complain of shall be affirm and  that the appellant shall pay to the respondent the sum of pound for their cost  in respect of this frivolous and vexatious appeal jour vol p