brown case attorney general appellant roger cross and other respondent that  January Mews dig go ringtail forfeiture consequent on outlawry for treason be  except from the abolition of forfeiture by the forfeiture Act and Vict c I S  have make a mortgage of his estate be afterward indict and outlaw for high  treason the attorneygeneral thereupon exhibit a bill in the court of exchequer  to discover the consideration of the mortgage and what brown er p be due upon  it and that the crown may redeem if anything be due the court direct several  issue to be try at their own bar relative to the consideration of this  mortgage and upon the trial verdict be find in favour of the mortgagee but  these verdict be so general that application be make on behalf of the crown  for a new trial this be not only refuse but the court on hear the cause upon  the equity reserve order the information to stand dismiss on a appeal this  decree be reverse and the attorneygeneral on behalf of the crown be admit to  redeem this case do not appear to be report in any other book by deed date the  that of January mary braithwait and sir Stafford braithwait in consideration  of pound to they lend by sir Henry Humlock baronet demise the manor and land  of Catterick in the county of York to John Jeffs as a trustee for sir Henry  for a term of year subject to redemption on payment of pound and by indenture  of lease and release date the that and that of October sir staffard braithwait  convey all his right and interest in this estate to the say mary braithwait  and her heir and the year term become afterward vest in the Lord viscount  fauconberg as a security for pound in February mary braithwait make her will  and thereby devise certain farm part of this estate be the premise in question  to sir Roger Strickland in tail male with remainder to Robert Strickland for  life remainder to his first and other son in tail male remainder to sir Roger  in fee upon condition that he shall pay off the pound to Lord fauconberg and  several other sum amount to pound more and the testatrix devise the manor and  other land residue of the mortgage premise to the respondent Roger Crofts in  fee by deed date the that of march Lord Faucouberg in consideration of pound  pay he by sir Roger Strickland and of pound pay he by Richard Alibon Esq  assign the mortgage premise to Alibon as a security for payment of the say  pound and interest and by another deed date the that of march Richard Alibon  in consideration of pound to he pay and sir Roger Strickland in consideration  of pound to he pay by brown Edward and Thomas Ange as trustee for Robert  Strickland assign the say premise to they for the residue of the say term and  they declare the trust thereof accord afterward Edward and Thomas Ange in  consideration of pound lend the say Robert Strickland by the respondent job  Alibon and one John smith do by indenture date the d of June by the direction  of Robert Strickland assign the premise to William Gerard and Christopher  Maddison as trustee for Alibon and smith and on the that of the same month  Robert Strickland in consideration of pound more to he lend by they confirm  the premise to Gerard and Maddison as a security for both these sum and  interest and both Gerard and Maddison be dead the widow and administratrix of  Maddison who be the survivor assign the mortgage premise to the respondent  Crofts and woodcock in consideration of pound in sir Roger Strickland be  indict and outlaw for high treason and by a inquisition take thereon he be  find seize in fee of the land in question of the yearly value of pound one  Dixwell Hungerford have obtain administration to Maddison the survive trustee  a plea be in his name put in to the inquisition and judgement give thereon for  he and which be afterward affirm upon a writ of error in the exchequer but  upon inspect the deed of the that of march there appear to have be a proviso  for redemption insert therein and afterward erase but some part of it still  remain legible and yet no memorandum be make thereof this circumstance raise  some suspicion as to the fairness and validity of the deed the attorneygeneral  in Hilary term exhibit a bill in the court of exchequer against Robert  Strickland the respondent and other for a discovery whether this assignment be  absolute or only a mortgage or a trust for sir Roger and what consideration be  pay for the same and also for a discovery of the consideration of the mortgage  to Gerard and Maddison and whether they brown er p or any of the defendant be  trustee for sir Roger and that the crown may redeem if any thing be due the  defendant Robert Strickland long before the fill of this bill go and reside in  France so that he never can be serve with process to appear but the other  defendant put in their answer state their title and deny any fraud or  knowledge of any trust for sir Roger pen this suit Dixwell Hungerford by  indenture date the that of February in consideration of pound assign to the  respondent Ridley a moiety of the mortgage premise and of the money due  thereon in trust for the respondent Alibon and Hungerford afterward die  administration de good non of Maddison be grant to Ridley who thereby become a  trustee of the other moiety also for Alibon brown on the that of November the  cause be hear when the court think proper to direct four several issue to be  try at their own bar by a Middlesex jury videlicet saint whether the indenture  of the that of march be duly execute and whether the same be a absolute  purchase or a mortgage only and for what sum and to who and when Payable and  whether the pound and pound therein mention or any and what part thereof be  real pay as the consideration thereof and by who and to who and when and  whether the rasure therein be make before the execution thereof by the party  thereto d whether after and notwithstanding the mid indenture of the that of  march there do remain any trust or interest for sir Roger Strickland in the  say term and land or any and what part thereof and to what value at or after  his attainder d whether Alibon and smith or Gerard and Maddison or either and  which of they on the account of Alibon and smith or either of they do at any  time and when real lend and pay to Robert Strickland or any other and who for  his use the two sum of pound in the indenture of the d and that day of June  mention for and as the consideration for execute the say indenture or either  and which of they and whether the say indenture be real make and execute by  any and which of the party thereto and when and whether the interest and trust  for Alibon and smith or either of they be in be and for what sum at the time  of exhibit the bill in this cause and put in the answer thereto and whether  Alibon and smith or any other and who for they before the lend of their money  have any notice of any interest in the say premise in Catterick for sir Roger  Strickland that whether the indenture of the that of February be real execute  and by who and when and for what consideration pay and whether any and what  trust or interest and to what value for Ridley or any other and who do subsist  at the time of put in ridleys answer on the that of may these issue be try  when the jury find a verdict upon each of they to the follow effect videlicet  saint that the indenture of the that of march be duly execute by Richard  Alibon to Edward and Thomas Ange about the day of the date thereof and that  the pound therein mention be pay to he by they or Robert Strickland and that  the same deed be execute some few day after by sir Roger Strickland and the  pound pay to he by the say Robert Strickland Edward and Thomas Ange or some or  one of they and that the say deed be first design for a mortgage but that the  rasure be make before the deed be execute by any of the party thereto and the  deed alter to a absolute purchase for the residue of the term of year d that  after the execute the same deed no estate trust or interest remain for the say  sir Robert Strickland in the say term or in the land therein mention d that  job Alibon brown and smith or one of they do lend and pay to the say Robert  Strickland pound about the date of the several deed and that the deed of the d  and that of June be execute by the party about the date thereof and that the  interest and trust for the say smith and Alibon do remain in they at the time  of exhibit the bill or information in the exchequer and that they have not any  notice of any trust in the premise remain in the say sir Roger Strickland that  that the indenture of the that of February be make by Dixwell Hungerford to  Ridley about the time of the date thereof but that the pound therein mention  be not pay brown er p the attorneygeneral be dissatisfy with this verdict move  for a new trial but the court be satisfy with the proof and no new evidence be  offer they refuse to grant a new trial and on the d of November the cause be  hear upon the equity reserve the court order the bill to stand dismiss from  this decree the attorneygeneral appeal and on behalf of the crown it be insist  I Montague S Dodd that upon the face of the deed of the that of march there be  fraud apparent and therefore it ought to have be set aside without any trial  that there be no proof of any consideration pay nor can the jury tell who pay  it but find it be pay by they some or one or they that this deed can at most  be only a mortgage and in that case the crown be entitle to redeem upon  payment of what be due the proviso for redemption be still legible and the  value of the estate be at least four time more than the pretend consideration  beside sir Roger Strickland continue the possession make lease and exercise  every other act of ownership after the pretend sale to Robert Strickland and  that at least the court ought to have grant another trial and not have  conclude the crown for ever in a case of this nature by one trial only and  therefore it be hope that the decree of dismission will be reverse and the  assignment of the that of march and the deed to Gerard and Maddison and also  the deed to Ridley set aside as fraudulent and void to this it be answer I  Pratt c Phipps that the rasure of the deed which be the only badge of fraud  that can be pretend therein be full prove both at the hear and upon the trial  to have be make before the deed be execute that it be above year since the  execution of the deed and the witness to the payment of the pound to sir Roger  Strickland be both dead but receipt for the money be endorse and those receipt  prove and it be sufficient for the satisfaction of the court if the money be  find to be pay by Robert Strickland or his trustee that this deed at the time  of execute it be certain intend to be on absolute assignment be recite as such  in the mortgage of the d of June which be long before the attainder and  nothing can be more full prove than that the immediate possession be in Robert  Strickland who stay near three week brown among the tenant view their farm  make alteration and regulate difference among they and the rend be all along  receive by his agent that though lease be make in sir Roger name yet they be  so make at the request of the tenant because Robert be a Roman catholic and  sir Roger a protestant to avoid distress for recusancy as have be in mrs  Braithwaits time and as to the consideration pay that with the money charge on  the land in question be near the full value for the manor and the residue of  the land be devise to and enjoy by the respondent Crofts and never be in sir  Roger possession beside sir Roger be a bachelor and his brother Robert who  have six child be entitle to the remainder after his death without issue male  pound be a valuable consideration for the purchase of sir Roger interest which  be not esteem more than a estate for life and as to a new trial the party  before the court be only mortgagee under Robert Strickland for pound and  interest which they have full prove to the satisfaction of the court and it  will be too hard to oblige they at their own expense to try another title in a  cause where they have already expend near the amount of their debt and that  without any prospect of have their cost as there be no relator name and  therefore it be hope that after so many year travel in law and equity the  respondent will quiet reap the benefit of their security but after hear  counsel on this appeal it be order and adjudge that the decree of dismission  therein complain of shall be reverse and that the attorney general shall be  admit to redeem the premise in question pay what be due to the respondent for  the principal sum of pound and all interest due for the same and that the  respondent the mortgagee shall account for the profit of the mortgage estate  receive by themselves or by Crofts or any other person whatsoever other than  the crown or those claim under or authorize by the crown from the time of the  first judgement of the to move away manus to the time of the account the  respondent either have receive or wilful and by collusion neglect to receive  the profit during such time and on such brown er p account for the profit the  respondent be to have allowance of all money already pay by order of the court  or otherwise and all just allowance and that the deputy remembrancer of the  court of exchequer shall make a rest and state if any thing and what be due to  the respondent the mortgagee at the time of the bill exhibit and if it shall  appear that the say respondent be full satisfy all principal and interest due  on their mortgage at or before the time of the bill exhibit then they be to  have no cost but if otherwise then the say respondent the mortgagee be to have  cost tax and allow to they and upon the attorney general pay or cause to be  pay what shall so remain due to the say respondent the mortgagee for principal  interest brown and cost they be to convey or cause to be convey to the  attorney general or such as he shall appoint all their estate title and  interest in the premise in question and to deliver possession thereof and all  deed and write in their custody and power relate to the premise to the  attorney general or such as he shall appoint and be thereby indemnified for so  do but if it shall appear on take the account above direct that the respondent  the mortgagee be over pay then they be to refund and pay to the attorney  general or such person as he shall appoint all such sum of money as it shall  appear they be so over pay and be also to reconvey deliver possession and all  deed and write as aforesaid and the court of exchequer be order to take care  that the same shall be do and perform accord jour vol p