case preston versus tubbin eoden die in court what shall be reckon a  sufficient lie to hang and what not where a man be to be affect with a lie to  hang there ought to be a close and continue prosecution in this case the bill  be to compel the father to perform article make on his son marriage the father  mortgage the land that be to be settle pen the suit and the mortgagee be  thereupon make party and then the father die Lord keeper here the lie to hang  be well enough for the plaintiff be heir he can revive the suit against  himself it be say by Mr solicitor that where there be a lie to hang as if a  man have exhibit his bill to have article perform there he may by a original  bill affect a three person with notice of the first suit that shall come in  and purchase the estate pen that suit and that there be forty precedent of it  in this court for otherwise though a man have proceed never so cautious and  immediate exhibit a bill to have article perform yet a stranger may come in in  the mean time and prevent he of the estate but that be deny by Mr Keck and by  the court who say that with actual notice you may affect any one by a Vernon  chancery case original bill but as to notice pure by a lie to hang you shall  not affect any one who be no party to the suit by a original bill unless the  former cause have proceed to a decree and there be not that danger in the case  as Mr solicitor apprehend for if the first suit be proceed in with effect all  person that come in pendent light though they be no party to the suit their  interest shall be bind and avoid by the decree in that cause and the Lord  keeper say though notice to a man counsel be notice to the party yet where the  counsel come to have notice of the title in another affair which it may be he  have forget when his client come to advice with he in a case with other  circumstance that shall not be such a notice as to bind the party vide Harvey  v Montague ante anon post mead v Lord orrery atk Worsley v earl of Scarborough  ibidem so act of the court be to be take notice of by ever one at his peril as  of a lie to hang Herbert case p wms a bill for establish a will and perpetuate  testimony be a lie to hang Garth v ware atk et vide Ashley v Baillie ves  Lowther v Carlton atk note in this case the party agree that the mortgagee who  be charge with notice of the suit shall be pay his principal and interest he  not insist on his cost and decree accord Reg lib b fol N B the cause be enter  in the register book under the name of Preston v Preston