case Wardour ux versus BERISFORD ux April in court Lord chancellor Eq can ab  pi S c a account touch a personal estate be decree the defendant endeavour to  charge the plaintiff with a great debt due to the estate but defendant have  open a bundle of paper relate to that demand which have be seal up and leave  in his hand and alter they so that it can not be know what paper may have be  take out the defendant demand be for that reason disallow the plaintiff and  defendant have marry two daughter of I S upon his decease there be some lose  paper that concern the account between the plaintiff and his fatherinlaw put  up together in a bundle and cover with a paper tie up with a tape and seal by  two person then present and deliver to the defendant Berisford Vernon chancery  case er p to be safe keep be then tell they be matter of concern and there be  now a account direct of the estate of I S which be to be equal distribute  between the plaintiff and defendant the defendant demand as due from the  plaintiff to his fatherinlaw for diet c pound but upon proof make that the  defendant have alter the bundle of paper so seal up and displace they and that  it can not be know what paper may have be take out and the master have report  that the defendant have suppress the evidence the court for that reason  disallow the Vernon chancery case defendant whole demand against the plaintiff  though the defendant swear he have produce all the paper and though the paper  produce appear to be halfyearly account and relate one to the other and not  one miss but the account be thereby carry down within a little time before the  testator decease and though the Lord chancellor declare himself satisfy that  all the paper be produce yet for the reason aforesaid whole disallow the say  demand this come on upon exception to the master report the master have report  that he be satisfy there have be a suppression and embezzlement of some page  or account call win account the bundle of paper before mention either by the  defendant Berisford or with his privity and that therefore he have forbear  make the defendant any allowance order by the decree and by the decree Lord  chancellor declare the account call win account be through the carelessness of  the defendant embezzle and therefore in respect thereof the exception be  overrule Reg lib b fol this be all that appear on this point in the register  book vide Cowper v earl Cowper p wms e the principle of the decree in the  principal case seem to be that every thing shall be presume in odium spoliator  vide child v Saxby ante Dalston v coatsworth p wms