Charles Blois Esq son and heir of sir William Blois a infant by the lady  marthan prior his guardian mary brook sister of sir robert brook the lady  Elizabeth brook widow and mother of the say sir robert brook Josiah child  daniel mill and John price plaintiff Elizabeth man widow of thomas man Esq  decease defendant defeasance of a judgement under both the hand and seal of  debtor and creditor and not relate to the term in which the judgement be give  be find by the jury on a trial direct out of this court not to be the Act and  deed of the creditor sir Robert brook be seize of the manor and land in the  bill about October purchase the manor of Blomsted in Essex and borrow some  part of the purchasemoney which Mr man the defendant late husband procure for  he and be bind with he to repay and be likewise bind to other person for the  debt of the say rob brook and have supply he with his own money and have do he  several kindness report tempt finch that in Michaelmasterm in the same year  sir Robert give a judgement of pound to the say man and about five year  afterward videlicet may sir Robert do defeasance the say judgement by a  indenture after this manner videlicet that in case he shall die without issue  then his heir general or his executor or administrator shall within one month  after his death pay to the say man his executor or administrator pound or  settle freehold land of that yearly value on he and his heir and as the  plaintiff suggest this judgement and defeasance be to indemnify the say man  from all debt in which he be engage for the say sir Robert and after those be  satisfy then the judgement be to be vacate that sir Robert by his will date in  fever devise a farm call WestletonHall to the say man and his heir worth pound  per annum which be a sufficient recompense for all his kindness to the say  testator and leave all his estate to the management of sir wm Blois and  afterward die and that sir William Blois prove his will and sell the estate at  Wanstead to Josiah child mill price and other for payment of sir Robert debt  which be accord pay and so man be save harmless who about October die and make  the defendant executrix and she bring several Sci Fac against the plaintiff as  tenant in possession of sir Robert brook estate in Essex and Suffolk to show  cause why she shall not have execution on the say judgement and therefore the  plaintiff have exhibit this bill against her to discover what debt man her  testator pay for sir Robert and to be relieve against the say judgement accord  to the say defeasance which be under both their hand and seal and in one  single write and not relate to that very term in which the judgement be enter  can not be plead at law on the other side it be insist by the defendant that  man the testator have lend the say sir Robert brook several sum amount to  pound for which the say judgement be give and defeasanced as aforesaid and  insist that the say sum be a valuable consideration for so contingent a  benefit sir Robert brook lady be young and then with child that the say  judgement and defeasance be execute good fide and without fraud and the  Countersecuring man the defendant testator from sir rob brook debt be no part  of the consideration of the say judgement c neither be the say defeasance the  Act of man alone and whereas it be insist by the counsel for the plaintiff  that the devise of the aforesaid farm to the say man in fee be a sufficient  recompense for the kindness he have do to sir Robert brook it be answer that  can not be report tempt finch because his will be make a year before the say  judgement be give the court upon hear this Cause direct a trial at law whether  the defeasance be the Act of man which be try at the king bench bar and find  that it be not and it now be hear upon the equity reserve and the counsel for  the plaintiff report tempt finch er p press for a new trial which be deny they  move that the defendant may accept of land instead of pound accord to the  defeasance by which the plaintiff be to have such election and that the devise  of WestletonHall to the say man as aforesaid may go in part of the say pound c  the court declare that the defendant ought to have the benefit of the say  judgement for pound but without interest and decree the say sum to be pay to  her or land to that value accord to the defeasance and that the farm devise to  man be part thereof or if his heir will quit the say farm then the heir of sir  Robert be to settle so much on they clear of all encumbrance as shall make up  the value of pound that the defendant shall have her cost at law but none in  this court and that if the pound be not pay at such a time then the bill to be  dismiss and the defendant to resort to her judgement but if pay then the  defendant be to vacate it on record or acknowledge satisfaction or assign the  same to the plaintiff and at their charge or to who they shall appoint c