case in chancery Perkins contra avery brown and baker scrivener answerable on  a fraudulent sale Theophilus Perkins who executor the plaintiff be possess of  certain piece of hang put they into the hand of Avery a upholster to sell for  he but have occasion for money desire brown who be a scrivener to lend he  pound which he do on the hang and inquire first of Avery who be his cousin and  neighbour of the value of the hang who inform he of the value afterward  Theophilus Perkins borrow on the hang pound more and give a judgement also  case in chancery er p for the debt with interest the hang be still in avery  hand Avery sell the hang at a under value but whether baker or brown know of  the sale they pretend they do not and deny that they know but Avery after his  sale desire the plaintiff then executor of Theophilus Perkins to sell they who  refuse so to do unless he may first see they but can not the money lend by  brown be baker for who brown deal as scrivener as they say but the plaintiff  nor Theophilus Perkins his testator do not know thereof nor do baker appear  therein though the security be in his name the plaintiff pay the money and  interest the note for judgement and for the mortgage of the hang be always in  brown the scrivener custody and on payment of the money deliver up to the  plaintiff but the hang be sell before can not be have and brown say he have  nothing to do with Avery as one witness depose at the payment c the plaintiff  exhibit his bill to have the hang or the value in money on a trial against  brown baker and Avery direct by the court the value of the hang be find to be  pound the Lord chancellor decree the defendant to pay the money brown and  baker petition to be reheard and fl at the decree may be explain as to they  only that there be no reason to charge they for they put not the hang into  avery hand but they be place in avery hand with power to sell they by  Theophilus Perkins and they ought not to be charge by avery default case in  chancery but my Lord chancellor on long debate affirm his former decree for by  the sale and mortgage Perkins divest his property and the good become baker  and Avery become trustee for baker and he must answer for his trustee Avery  who do sell they after the mortgage and though brown pretend to act as a  scrivener only and as a agent to lend baker money they be to be look on as one  person as to the plaintiff for the scrivener keep the security for baker baker  trust he thereby with all and he have power to dispose of the money and he  undertake the same by keep the security and shall be answerable as baker and  now after the long proceed order report and trial and decree it be too late