case John walter appellant William Glanville respondent that march Mews dig v  the plea of a general release contain the word decree and order of the court  of chancery be a good bar to any demand set up under a decree of that court  make prior to the date of the release and if the defendant by his answer deny  all the charge of fraud etcetera in obtain the release such answer be  sufficient to corroborate the plea the circumstance of the case will be more  full understand by the follow statement from the report vin can a have  contract to sell land to b and b assign the contract to c upon a bill a have a  decree for performance against b he be the party to the contract but decree  that c shall stand in his place and indemnify he against that and all other  decree after this b and c come to a account and mutual general release be give  in which the word all order and decree of the court of chancery be insert  afterward upon petition a have a order for interest from the time of b s take  possession amount to pound find upon the decree make before the release be  give b thereupon bring his bill to compel c to pay it he be by the decree to  stand in b s place c plead this release subsequent to the brown decree and it  be allow per cur though it be not take notice of at the time of state and  settle the account order of Lord Macclesfield c affirm there be a mistake in  the first line of the report in Eq ab c where e be put for W and the  introductory sentence be very ambiguous read it thus E have make a contract to  sell land to W and which W not e assign etcetera pale yellow Rep viner vol p  can Eq can ab can by the name of water v Glanville William Elson esquire be  seize of the manor of Selsea in Sussex and diverse land thereto belong by his  will devise the same to trustee upon trust inter alian to raise pound for the  portion of his daughter Bridget and Elizabeth and afterward to convey the same  to his son William Elson and his heir at his age of the testator afterward die  leave his estate very much encumber and in order to pay off those encumbrance  a act of parliament be obtain for sale of the say manor of Selsea and some  time after a bill be exhibit in the court of chancery by the creditor of  William Elson the father against William Elson the son and other to have the  manor of Selsea sell for the payment of their debt on the d of march a decree  be make in that cause whereby a sale be order to be make of the say manor of  Selsea before the master and the money arise by such sale be direct to be  apply in payment of the debt of William Elson the father brown er p this  decree not be proceed upon for a considerable time and Bridget one of the  daughter of William Elson the father be marry to dr clerk and her portion as  also that of her sister Elizabeth be charge upon the estate dr clerk and his  wife and Elizabeth exhibit their bill in chancery against the trustee in the  will and William Elson the son for payment of their portion and interest and  upon hear the cause a account be direct to be take of what be due for their  portion and interest and that the same shall be raise out of the real estate  of William Elson the father the master afterward make his report and thereby  certify to be due for mrs clerk portion and interest pound S on the that of  July article be enter into between William Elson the son and the appellant  whereby Elson covenant before Michaelmas term then next to convey to the  appellant and his heir the say manor of Selsea and the appellant covenant  after the perfect the conveyance to he or who he shall appoint to pay pound to  Elson or such person as shall be legal entitle to receive the same though this  estate be direct by the decree to be sell before a master to the best bidder  yet William Elson the son and the appellant private enter into these article  notwithstanding which on the that of December the appellant bid pound for the  estate before the master on the term of his have the rend and profit thereof  from Michaelmas to ladyday on the that of march follow and before any report  be make of the appellant be the best bidder he enter into a brown agreement  with Thomas Stewart esquire whereby Mr Stewart be to pay he pound over and  above the pound agree to be pay by the appellant to William Elson for the  estate and the appellant be to transfer the suppose benefit of his article to  Mr Stewart but the appellant be to have the halfyear rend of the estate due at  ladyday which by the fall of a life during that time come to about pound more  the appellant procure the master report of the d of march allow he the best  bidder for the estate and thereupon he deposit pound with the master in part  of his purchase money and on the that of march he pay the pound S certify by  the master to be due to dr clerk for his wife portion and take a assignment  thereof from they but the pound and pound S be Mr Stewart money the respondent  have afterward agree with the appellant for the purchase of the premise the  respondent repay to Mr Stewart the pound deposit and the pound S so pay by he  in part of the purchase and also pay Mr Stewart the further sum of pound for  his bargain with the appellant at this time SouthSea stock be about pound per  cent and on the d of August article be enter into between the appellant and  respondent and Stewart whereby the appellant assign to the respondent the  suppose benefit of the former article except the rend and profit arise from  Michaelmas to ladyday the benefit whereof be to be receive by the appellant  and it be agree that the conveyance to be make by William Elson to the  appellant shall be make to the respondent and that as touch the pound  consideration money pound of it shall be deem the consideration money by the  first article agree to be pay by the appellant to William Elson and the remain  pound be agree to be the consideration money to be pay by the respondent to  the appellant for the assignment of his article be the same sum the appellant  be to have have of Mr Stewart and after take notice that the appellant have  pay the pound deposit and the pound S to dr clerk it be agree that the same be  the proper money of the respondent and to be take as part of the pound and the  respondent covenant after the conveyance make to he to pay pound S residue of  the pound to William Elson or such person as shall be entitle thereto as the  court of chancery shall direct and that the respondent shall also immediate  pay the appellant the further sum of pound residue of the pound and the  appellant thereby assign to the respondent the pound S with the assignment  thereof and also the master report of the d of march the appellant have employ  Mr moody a attorney to view the estate and do some other business relate to  the agreement the respondent also agree to pay he pound and give the appellant  a note promise to pay he the same after the conveyance shall be perfect brown  er p brown the respondent afterward discover that the estate do not come up to  the value give in to he although he be to have pay for the same after the rate  of year purchase and therefore he decline to complete such purchase the  appellant therefore in easter term bring his bill against the respondent and  William Elson to compel the respondent to a specific performance of the say  article and that the appellant may be discharge from his bid before the master  and the respondent stand in his place to which bill answer be put in but  before the cause be hear the appellant agent bring in one page to offer before  the master to take a lease of the estate as a tenant for year at pound per and  who be accord allow and after a long prosecution seal a lease but rather  choose to abscond than perform it and so the estate be throw on the respondent  hand to his great loss it be afterward let for no more that pound per and in  the cause wherein the appellant be report the best purchaser a order be obtain  on the saint of August whereby he be order to bring in the remainder of his  purchase money be pound S which the appellant accord pay to the master on the  d of October follow on the that of July the cause against the respondent come  to a hear before the Lord chancellor Macclesfield when it be inter alian  decree that the contract between the appellant and respondent shall be perform  and that the respondent shall indemnify the appellant for the future on  account of the say purchase against William Elson and his trustee and to that  end it be refer to the master to ascertain what the contract be and to see  same perform and the appellant indemnified accord and that the respondent  shall pay the appellant the pound S with interest from the time it be bring  before the master and at this hear the master report allow page to be tenant  of the estate at pound per and be make use of as evidence against the  respondent to raise the value of the estate the respondent soon afterward  repay the appellant the pound S with interest and on the that of August  conveyance be execute by Mr Elson and the appellant to the respondent there  have former be great deal between the appellant and respondent as be  particular mention in the plead in the appellant cause and the respondent have  great demand against the appellant which be not then release there be also  other dispute between they in relation to the say purchase and decree and  other matter on the that of August a meeting be have between they and all  matter difference and demand of both party be consider and their security and  paper produce and at length they agree to settle and adjust this same and the  respondent be to pay the appellant a great sum of money far brown exceed pound  and both side be to deliver up all their security write paper and voucher and  to execute to each other general and final release and pursuant to this  agreement the respondent pay the appellant the sum of money agree on between  they in full of all demand against the respondent and the security voucher and  paper on both side be deliver up to be cancel and on the same that of August  the appellant and respondent mutual execute release to each other whereby the  appellant release to the respondent all action decree and order of chancery  cause and cause of action suit debt account and sum of money damage and demand  whatsoever both in law and equity or otherwise howsoever on the saint of march  William Elson prefer his petition to the lord commissioner pray that the  appellant may pay interest for the pound purchase money from Michaelmas till  the same be full pay and that Elson may be discharge from dr clerk encumbrance  assign to the appellant and upon hear this petition on the that of the same  month it be order that the appellant shall procure elsons other estate to be  discharge from dr clerk demand and it be refer to the master to compute  interest for the pound from Michaelmas and out of what shall be due for  interest pound be to be pay Mr Kelsall by the consent of Elson towards  discharge what remain due to he for Elizabeth his wife portion and the residue  of such interest be to be pay by the appellant to Elson brown er p on the that  of June the appellant prefer his petition to the Lord chancellor king pray  that such part of the order of the that of march whereby the appellant be  order to pay interest for the purchase money from Michaelmas may be discharge  and that the interest may commence only from the time the appellant be confirm  purchaser and that what shall appear due for interest may be pay by the  respondent but before this petition be hear a order be make on the that of  June that the appellant shall on the that of July then next pay all the  interest direct to be pay by the order of the that of march except the  halfyear interest from Michaelmas to ladyday without prejudice to either side  touch that halfyear interest and accord the appellant on the that of July pay  to Mr Kelsall pound and to Elson pound S d in full of all interest due for the  purchase money except what accrue due from Michaelmas to ladyday on the that  of July the appellant petition come on to be hear when it be order that so  much of the order of the that of march whereby the appellant be order to pay  interest for the purchase money from Michaelmas to ladyday shall be discharge  and that the appellant shall pay interest from the time he be confirm the best  purchaser only but as to the respondent repay the appellant what he have pay  for brown interest as aforesaid the respondent produce and insist upon the say  release the petition be dismiss whereupon in Michaelmas term the appellant  exhibit a new bill in the court of chancery against the respondent and thereby  pray that the respondent may repay the appellant the pound S d with interest  and cost and also the pound agree to be pay to moody and that the release as  to the same and the respondent obligation to indemnify the appellant against  any further demand of Elson and his trustee on account of the purchase may be  set aside and that the respondent may discharge elsons other estate unsold  from any demand under colour of the assignment of dr clerk encumbrance to this  bill the respondent put in a plea and answer and as to so much of the bill as  seek to compel he to repay the appellant the pound S d or the pound to Isaac  moody and pray a account or satisfaction concern any matter transact or do or  money pretend to be due or Payable at any time before and until the that of  August either in respect of the respondent become the purchaser of the manor  of Selsea or otherwise relate to any affair in time before the say that of  August the respondent plead the matter before mention previous to the  appellant give the release and that all account and demand be final settle and  adjust between they on the say that of August and the release give as  aforesaid which he set forth verbatim And by way of answer say that such  settle and adjust all matter be fair and deliberate do and that the appellant  release to the respondent be upon mature and valuable consideration execute  and the money true pay to the appellant and that it be mutual intend and  understand to release and discharge all matter demand and dispute between the  party and in particular that the say decree be mention and intend to be  release and for that purpose the word decree and order of the court of  chancery be put into the release before the same be execute or the respondent  will not have pay such a great sum of money nor execute a general release to  the appellant and that the respondent believe the appellant can not be  ignorant that Elson intend to demand interest for the original purchase money  in regard the appellant or his clerk in court do some time before execute the  release acquaint the respondent and his agent that Elson intend to apply to  the court for such interest and that the appellant at the time of execute the  release do assure the respondent he shall not have any more demand make upon  he by the appellant or Elson or any body else on account of the purchase on  the that of may this plea be argue before the Lord chancellor king who hold  the same to be good and order it to be allow from this order the present  appeal be bring and on behalf of the appellant it be insist t Lutwyche W  Hamilton that the end of his bill brown be to set aside the release as be  obtain from he by surprise and extend to release such matter as be in nowise  under the consideration of the party at the time of execute it and several  matter and circumstance be charge in the bill which brown er p if full answer  will have tend to show that the release do not nor ought to extend to cover  those demand the respondent ought to have full support his plea by his answer  in give a particular and distinct answer to all the charge in the bill  relative to the matter transact at the meeting when the release be obtain and  that he not have do so the plea ought to have be overrule on the other side it  be contend p York c Talbot that the plea be well ground and the answer  sufficient to corroborate it the respondent have thereby answer the material  part of the appellant bill and swear that no fraud or circumvention or other  unfair mean be make use of to gain the release from the appellant but that the  same be execute voluntary and upon mature and valuable consideration that at  the meeting on the that of August all matter and difference between the party  and their mutual demand against each other and particular the demand now in  question be consider and their security paper and voucher produce and the  money agree upon pay by the respondent to the appellant and the security write  and voucher on both side particular the article upon which the decree be find  be mutual deliver up and cancel that the end of all release be to settle and  quiet dispute and therefore have the release in question be only general  release they will have be sufficient to extinguish the appellant present  demand but as there be contain in they the word decree and order in chancery  it appear from thence that both the decree and order in chancery be under the  consideration of the party and be insert on purpose to release the decree and  all demand which may arise under it so that what be so full and particular  express in the release must be take to be thereby absolute discharge beside it  be not pretend that there be any other decree or order of the court of  chancery to which these word can possible relate except such as be above state  and as the respondent in consideration of have such a release from the  appellant have execute a release to he of very considerable demand he be  thereby become a purchaser for a valuable consideration of the release which  the appellant by his bill seek to impeach it be therefore hope that the order  now appeal from will be affirm with cost accord after hear counsel on this  appeal it be order and adjudge that the same shall be dismiss and the order  therein complain of affirm jour vol p