case in chancery exton c contra turner December the plaintiff Cornelius Burton  and several other creditor of John saint John sue Martha turner the defendant  intestate examine witness and the Cause hear the main question at the hear be  whether the defendant at the time of his purchase of the manor of Sapcot have  notice of the plaintiff Title and that point be direct to a trial a verdict  pass for the plaintiff but complaint be make to the court that the plaintiff  at the roll after the hear get a order ex part to strike out the name of  Cornelius Burton and that be do say Cornelius Burton be use as a witness at  the trial which surprise to defendant and the court set aside that trial and  Cornelius Burton again make plaintiff afterward the bill abate by the death of  Martha turner and the defendant turner be her administrator Exton and some of  the other former plaintiff without Burton and two other former plaintiff  exhibit the new bill to revive the former suit to which the defendant plead  the order that Burton shall be plaintiff and that a revivor of the former bill  make Burton party to the suit and this be a Act by leave he out now to make he  by a trick to be a witness and the suit can be revive in part but the whole  proceed videlicet bill answer c and all order must stand revive which the  plaintiff counsel do agree a second point be the bill be a original bill for  have set forth the premise and the direction to try notice or not they now  allege that Burton have release his interest to the plaintiff S and their  trustee and that they have several material witness age and infirm who may die  before the trial and pray answer and that they may examine their witness the  defendant also demurrer to this part of the bill and be overrule to answer  within a week or to pay cost notam where diverse be plaintiff and the bill  after hear abate some of they without the rest may revive the Cause case in  chancery d examination after publication and hear in a bill of revivor in the  new Cause yet it be declare and agree by sir John Churchill c of counsel with  the plaintiff that such deposition can not be read in this court but the Cause  be abate by Act of God videlicet the death of the defendant it be proper to  examine witness in order to the trial which the court have already in the  former Cause direct and those plaintiff who now be not plaintiff to revive the  Cause have release and the examination of witness be only to use they at the  trial not here quaere how it shall judicial appear to the court that there be  such release and quaere how Burton or any other who can be read in this court  nor can not have be read if examine shall be make use of in trial of a issue  be mere matter of equity as notice of a trust c where deposition in a Cause  dismiss c shall be read or not see Chan c vide post case in chancery er p case  in chancery de term sanct hill year king car two in cancellar