brown case Winifred clerk appellant John ware respondent saint February Mews  dig xv a fine be fraudulent obtain and erasure in several part of it to make  it correspond throughout be a crime in the person concern but not relievable  in a court of equity be examinable only in the proper court where the fine be  levy decree of Lord keeper wright affirm but though the court of chancery do  not absolute set aside a fine so fraudulent obtain nor send the party aggrieve  to the court of c p to get it reverse yet it consider all those who have take  a estate by such a fine with notice of the fraud as trustee for the person who  have be defraud and decree a reconveyance of the land on the general ground of  lie hold of the ill conscience of the party to make they do that which be  necessary for restore matter to their situation cruise on fine see wright v  booth tooth saint John v turner Eq ab ves Woodhouse v Brayfield vern see also  cruise as to erasure in the caption the witness to a will subscribe their name  at a window in a passage where they can see but part of the bed on which the  testator lie and he can not as he lie there see they attest his will this will  be set aside as not be duly execute prece in Chan Eq can ab can viner vol p  can S p Augustine be be seize in fee of land in Lincolnshire of about pound  per and and have four child Richard John Winifred and Eleanor make his will in  February and thereby devise his land to Richard his old son and his heir  Chargeable with a portion of pound to his daughter Winifred and pound to his  other daughter Eleanor Payable in manner therein mention and on failure of  such payment he direct the land to be sell for that and other purpose on the  testator death Richard his old son enter but soon afterward die without issue  and without have pay either of his two sister portion whereupon the land  descend to John his brother and heir in fee Chargeable with these portion  Winifred the old daughter marry Nathaniel clerk by who she have issue the  appellant her only child and Eleanor the young marry the respondent in may  John be die without issue leave Winifred and Eleanor his two sister and coheir  at law but have by his will devise all his land to the appellant father and  the respondent in trust to be sell for the payment of his debt and appoint  they his executor there be some circumstance attend the execution of this will  which render its validity doubtful the respondent prevail on his wife when in  so weak and languish a condition that her life be despair of to levy a fine of  one moiety of the premise and to execute a deed declare the use thereof to  herself and the respondent for their joint life remainder to the heir of her  body by he remainder to the heir of her body remainder to the heir of the body  of the respondent remainder to her own right heir for ever this fine be  acknowledge at Edmonthorpe in the county brown of Leicester above mile from  London on the d of January be the very same day on which the dedimus be test  but in order to conceal this fact the testae of the dedimus and also the  testae and return of the writ of covenant be erase and alter to the that of  January however Eleanor die on the that before the fine have pass the king  silveroffice brown er p on a discovery of these matter some time afterward the  appellant her father and mother be both dead exhibit her bill in the court of  chancery against the respondent pray that the will of John be and also the say  deed and fine may be set aside and that she may be let into the possession of  all his real estate and have a account of the rend and profit thereof accrue  due since his death the cause be at issue come on to be hear at the roll on  the that of January when his honour direct a issue devisavit well non and  refer it to a master to inquire when the dedimus be sue out and the caption of  the fine take and when it pass the king silveroffice and whether the caption  and testae of the dedimus and the testae and return of the writ of covenant be  alter and wherein and to state the same special to the court at the follow  lend assize for Lincoln the issue be try when it appear that the witness to  the will subscribe their name at a window in a passage where they can see but  part of the bed on which the testator lie and he can not as he lie there see  they attest his will the jury find a verdict against it and on the that of  June the master report the several erasure and other circumstance above  mention concern the fine the defendant have obtain a order for rehear the  cause the same together with the equity reserve and the special matter of the  master report come on to be hear before the Lord keeper wright on the that of  February when it be decree that the say will shall be set aside and a account  be direct to be take of the rend and profit of the real estate and one moiety  thereof be order to be pay to the plaintiff but as to so much of her bill as  seek relief touch the other moiety of the estate it be order to stand dismiss  and the consideration of cost be reserve till after the master shall have make  his report from this decree the plaintiff appeal insist I how that the deed  and fine ought to have be set aside and possession of the whole estate decree  to her because John be will be set aside as fraudulent obtain by a trial at  law upon full evidence that there be no sufficient authority to take the fine  at the time when the conusance be take and that the several erasure brown  manifest import a fraud and in fact the fine pass the king silveroffice after  Eleanor death as to the objection that this fine be a record of the common  plea ought not to be impeach by the court of chancery it be answer that the  dedimus and writ of covenant issue out of the court of chancery which court  may well examine alteration and erasure in their own writ and as the deed and  fine be so undue obtain it be conceive a court of equity may well decree a  reconveyance of the estate to the appellant and as to the other objection that  there be no precedent of the court of chancery have ever set aside a fine it  be say there be many precedent of that court be have set aside judgement and  no precedent of their refuse to set aside a fine so undue and fraudulent  obtain and that as this case be attend with such peculiar circumstance it be  very proper for relief in a court of equity on the other side it be contend l  carter that the will be whole out of the case and therefore the mention it can  only be design by way of reflection on the respondent who if it have be  establish can have receive no great advantage from it because the estate be  load with a debt of pound beside pound for legacy that as to the fine there be  no proof of any ill practice use in levy it but on the contrary it be full  prove to have be duly acknowledge by the respondent and his late wife and that  she be well please therewith be what she desire to have do when in health that  the fine be duly enter and record in the court of common plea and if there be  any error unfair practice in the proceed the appellant have her proper remedy  at law to have it reverse or set aside but a court of equity be never know to  examine the regularity of pass any fine or judgement in the court of law that  be the proper business of those court and that all this be debate and consider  at the hear of the cause when the court see no reason to reverse the fine nor  be it very proper to desire it in a court of equity who business be rather in  case there have be any error or defect in the proceed to have supply and make  they good accord to the intention of the party brown er p accord after hear  counsel on this appeal it be order and adjudge that the same shall be dismiss  and the decree therein complain of affirm jour vol p