case sir William stanhope versus anthony cope and John roberts esqr executor  of the last will and testament of William spin December a both together  annuity decree to be redeem on clear the arrear and pay the whole principal  sum advance and interest to the time only the plaintiff have offer to redeem  when the plaintiff be about the age of nineteen his father the late earl of  Chester field in do settle upon he on his marriage estate of the yearly value  of pound and upward to the use of the plaintiff for life only atkins with the  common remainder in a very few year afterward he have be unwary draw in to  lose several large sum in game and be in very great distress for money the  late Mr spinks hear of it and be use to help gentleman in such difficulty  apply to he and offer to lend he pound provide he will give such security as  he shall desire which the plaintiff be under great necessity accept of accord  on the that of atkins er p June a deed be execute whereby the plaintiff in  consideration of pound do grant to William spinks and his assign one annuity  or yearly rentcharge of pound issue out of land of pound per and value to hold  and enjoy the same unto the say William spinks for the term of ninetynine year  if the plaintiff shall so long live to be pay quarterly with a clause of  distress if the annuity shall be in arrear twenty day after any one day of  payment and a clause for receive the rend and profit of the estate till spinks  be satisfy and in the deed be a agreement thatif the plaintiff shall at the  end of three year next ensue the date or at any time before be mind to redeem  the say annuity and shall at or before the end of the three year give notice  of his intention in write to spinks his executor c at or on any of the day of  payment and shall at the end of six calendar month after such notice pay unto  spinks his executor c pound and all arrear of the say annuity that in such  case the whole shall be void and in this deed the plaintiff be make to  covenant that in case spinks shall be mind to purchase another annuity of  pound from the plaintiff and shall on or before the thirteenth of September  then next pay to the plaintiff pound that he shall grant he another annuity of  pound issue out of the same land and upon the same term with the first in  every respect and with the like clause of redemption there be a further  covenant that if spinks shall be mind to purchase another annuity of pound and  shall on or before the thirteenth of December next ensue pay unto the  plaintiff the further sum of pound that he shall grant another annuity of  pound issue out of the say land upon the same term with the two former and  subject to the like proviso of redemption in about three month after the  execution of this deed spinks make a proposal to the plaintiff that he will  deliver up this indenture of the that of June and will advance a further sum  of XI so as to make up the whole si and that the plaintiff shall grant to he  one annuity issue out of the say premise of pound during the joint life of he  and the say spinks and by deed of the that of September a annuity be grant  accord and a clause for redemption endorse in the beginning of December follow  spinks make a new proposal of advance a further sum of money upon the  plaintiff grant he a annuity of pound during the plaintiff life only in lieu  of the both together annuity and on the that of December the plaintiff execute  a deed atkins accord and sign receipt for the consideration therein mention  with a proviso of redemption at or before the end of three year if the say  plaintiff shall give notice in write of his intention to spinks his executor c  at or on one of the quarter day appoint for payment and shall at the end of  six calendar month after such notice pay to spinks his executor c the sum of  and all arrear of the annuity the say annuity of to be void on the d of April  the plaintiff execute a deed of trust to the earl of Chesterfield and Mr Rudge  of his whole estate for the satisfaction of his creditor reserve only pound  per and for himself and family the residue to pay debt afterward a private act  of parliament in be procure for a sale of some of the manor and the plaintiff  by his steward apply in July to spinks to redeem the annuity upon payment of  all the principal money advance but spinks make answer that he do not know  what the plaintiff mean that he do not want money and that the plaintiff have  no right to redeem upon which the plaintiff file a bill against spinks on the  that of December but the defendant die before he can put in a answer a bill of  revivor be file against his executor on the that of February follow the prayer  of it be that the plaintiff may be admit to redeem the annuity of pound upon  the payment of what shall appear to be due for principal and interest upon a  fair account and if upon such account it shall appear that spinks be full pay  all his principal and interest that the several deed may be deliver up and if  spinks shall appear to be over pay that the defendant may refund it be prove  in the cause that spinks be of no trade but that his sole business be in buy  of annuity for single or joint life and that one Roger a broker purchase for  spinks only by his direction annuity to the value of pound a year while the  witness be a clerk to Roger there be no proof offer of the plaintiff distress  at the time spinks apply to he but deposition on his part that none of the  deed be peruse by any counsel for he but by Robert only as the counsel for  spinks it appear likewise in evidence that Roger be one of the advertise  broker for security of this kind the case cite for the plaintiff be Bosanquet  versus dash atkins er p wood Nov case in Lord Talbot time reheard before Lord  Hardwicke this be rely on as the strong case Burton case   cro James Robert  versus Tremain Barney versus Beak Ch can not versus hill Ch can come Arglass  versus Muschamp vern wiseman versus Beak vern Twistleton versus Griffith wms  Curwin atkins versus milner hear June before Lord chancellor king wms  Barnardiston versus Lingood before Lord Hardwicke February ante S c hall  versus potter shower parliament case duke of Hamilton ux versus Lord Mohun p  wms the counsel for the plaintiff and particular Mr Murray go upon the general  rule of inconvenience to the public and endeavour to introduce the same reason  here as in several other head of fraud and case under the follow head be cite  saint on marriagebrokerage bind for which Vid hall versus potter and the case  of the duke of Hamilton versus Lord Mohun salk under the second head sell of  contingent interest and estate in expectance Vid Curwin versus milner under  the three head of case they mention bind give to lewd woman Lord lisburne  versus hains July robin versus cock July and under a that head of case bind  give to atorneys pen suit proof versus Hines in Lord Talbot time can tempt  Talb Walmsley versus booth January ante S c reheard may ante S c and under the  that head be mention bind give for quarter upon office before Lord Hardwicke  in mich at the time the plaintiff execute the last deed he give a absolute  bind for the pound and there be no reference to the redemption in the deed it  be insist on for the defendant by Mr attorney general that the plaintiff have  pay the annuity of pound down to the year without the least complaint and that  such a acquiescence be a very strong circumstance against he for there have  not be so much as a single witness to show that the plaintiff be in debt or in  any distress at the time of these transaction between he and spinks and that  presumption only without proof will not prevail in a court of equity and that  it appear too by the plaintiff own deposition that he apply to Roger to find  he out a person who will lend money on annuity Lord chancellor as I be at  present advice I have no doubt but the plaintiff be entitle to a redemption  the question be whether he be entitle ab beginning or only from the year the  time the plaintiff offer to redeem upon the recommendation of Lord chancellor  the affair be compromise on the follow term the money already pay into court  be to be apply in the first place to clear the arrear of the annuity to  midsummer atkins these arrear have be already pay and the surplus towards the  payment of the pound and what it shall want of prepare the whole principal  advance to be pay in two month but no interest from to the present time Reg  lib b fol after the register bad draw up minute of the agreement Lord  chancellor declare he have a very great aversion to contract of this kind and  that he be very inclinable to decree a redemption ab beginning if it can have  be do consistent with the rule of equity see Lawley v Hooper post vol