case cass versus rudele all Eq can ab pl S c a article on behalf of b to  purchase four house in Jamaica and to pay pound for the same the house be soon  afterward swallow up by a earthquake and a have no asset of b yet decree to  pay the purchasemoney the defendant on behalf of Jeremiah Tilly article to  purchase of the plaintiff four house at port royal in Jamaica by which article  the plaintiff covenant to convey and the defendant on behalf of Tilly covenant  to pay pound for the purchase thereof by article date Aug afterward pound be  pay in part the bill be for a specific performance of the article the  defendant insist he have not sufficient effect of tilly in his hand and that  the plaintiff have not make out a good title to the house by which mean the  agreement have not be perform and pen this suit the great earthquake happen at  Jamaica in which the four house in question inter alian be entire destroy and  swallow up and therefore such agreement ought not now to be decree in specie  but the plaintiff rather leave to recover what damage he can at law but the  court notwithstanding the estate pendent light be destroy and go and  notwithstanding defendant have not sufficient effect of tilly in his hand  decree a specific execution of the article and the same be afterward affirm  upon a appeal to the house of lord by agreement that August Cass who claim  under one Elizabeth water house agree in consideration of pound to be pay to  he in England to convey two house at port royal in Jamaica to Tilly and his  heir rudele be agent to Tilly who live in one of the house and pay S d in part  of the purchase money and covenant that the remainder shall be pay in England  and that the conveyance shall be execute on or before the saint September then  next ensue and plaintiff deliver to defendant one part of the deed under which  he claim title and the other part be send to Jamaica to be enrol together with  a account of the transaction Cass apply to rudele for the money he desire time  to pay it that Nov rudele pay pound and only object to the title that mrs  Waterhouses conveyance have not be record in Jamaica Casss receipt be produce  in January Cass execute Vernon chancery case er p a conveyance to Jeremiah  Tilly and give it to rudele the earthquake happen in June and Tilly die soon  after and the decree be that rudele shall specifical perform the agreement and  pay the remain with interest from the date of the agreement it be admit by  rudele in his answer that he have that sum of money of tilly in his hand and  this decree be affirm on appeal to the lord that January journal house of lord  vol p vide note to white v nut p wms note in the case as state in the register  book a fol nothing appear to turn upon the circumstance of the earthquake nor  be it at all state