case warner against baines baines against warner that October difficulty in  make a partition no objection to a decree for a partition Parker v Gerrard  Ambl turner v Morgan Ves bare v Nash v b Clarendon v Hornby p W and it be no  objection to a partition that other person may come in be and be entitle to a  share will v Slade Ves lib Reg b foe Walter baines and Robert Warner be tenant  in common of a considerable estate in the parish of saint James Clerkenwell  upon which be two ancient water conduit one of which have be turn into a cold  bath and bring in a large income the other be permit to run waste through part  of the estate the new river company by a agreement establish by a decree be to  be at liberty to lie such pipe as they shall think fit pay a annual rend of  pound for each main pipe other part of the estate be let on building lease  with particular restrain covenant to prevent the spring which supply the cold  from be disturb in Warner file a bill in chancery inter alian for a partition  of the estate afterward in the same year baines file a crossbill inter alian  for a partition also on the that march the cause be hear and a decree  pronounce direct account to be take and a partition to be make the editor have  not be able to meet with the entry of this decree in the registrar book in  Warner ambler purchase part of the estate and in upon the death of baines  Warner apply to his son and devisee to have a partition of the residue of the  estate to which baines the son consent and accord one morris a surveyor be  employ to plan the estate which he do and give it as his opinion that the  estate be of so complex a nature that it can not be divide without do a injury  to one or both of the party in Warner fire a bill of revivor and supplement  against baines to have the former proceed revive and for a partition baines  put in a answer and submit whether the plaintiff be entitle to a partition as  it will be detrimental to the estate in the follow particular saint for that  the estate consist of permit the new river company to lie such number of pipe  as the company shall think fit and through the ground in that ambler er p part  of the estate call coldbath field for which they pay a annual rend for each  main pipe which pipe that now be lie and those which hereafter may be lie  range in such a manner through the ground that no partition can be make  thereof d for that the different part of the estate calledColdbath field be  two water conduit one of which the testator baines at a great expense and  improvement have turn into a cold bath for public use and build room c and  sink brick drain through the say estate under several street and passage which  with other expense cost the testator pound and upward but have cost Mr Warner  not pound which bath have be so considerable a improvement to the estate that  on the evidence in the original clause it appear that the same bring in pound  ayear and have be so far esteem as a improvement that at the time advantageous  buildingleases be agree on restrain covenant be insist on to prevent their dig  more than three foot in depth on that part adjoin to the bath lest the spring  shall be disturb and the other of the say conduit be and still be suffer to  run waste and the bath be under a lease to baines for year but it be not  possible to divide the water which spring up without destroy that part of the  estate ambler rd for that the situation state and condition of the estate be  attend with several circumstance which do not usual attend other estate as  well in the several matter aforesaid as with respect to the rend reserve on  the say lease expire at different time the great inequality with respect to  the goodness nature and situation as to pleasure and convenience of several of  the house c the different fine on renewal and part of the premise be yet  uncover and the difficulty arise by the house c purchase by Mr Warner not  stand together but disperse in several part of estate that for that no certain  value can be fix on for either the bath or conduit by reason that the profit  from bath and thing of the like nature be dependent upon opinion and thougha  moiety of the bath be then let at pound ayear yet at the expiration of the  lease it may be of little or no value and especial if the conduit which then  run waste shall on a partition be allot to the person not have the bath which  will put it into such party power by dig foundation for building sink cellar  or otherwise to prevent the water which supply the bath from flow to it and  thereby destroy it the cause be set down Mr Warner enter into a verbal  agreement with baines to sell the estate and upon their joint application the  hear of the cause be adjourn Mr baines propose purchase warner interest and  accord each employ a surveyor to value the estate but they differ great in  their opinion the one value it at pound and the other at pound Mr Warner  decline the sale and insist on go on with the cause upon this baines file a  bill against Warner state the agreement and his objection to a partition to  which Warner put in his answer and in it propose that the rend for waterpipe  shall be put into one lot and so divide it without any actual division of the  ground through which the same run that in case the company shall lie any new  pipe through the ground partly belong to the plaintiff ambler and partly to  the defendant then the rend shall be divide accord to the respective quantity  of ground the same shall run through he admit that the water conduit be  convertible into a cold bath and that the then bath will be render thereby of  far less value but insist that be no reason to prevent a partition for that  security may be give to prevent it and refuse to abide by the agreement which  be only verbal and as he insist mere a proposal the cause come on to be hear  on the that day of October when the above objection inter alian be make to the  decree a partition but Lord Hardwicke chancellor order that the former decree  shall be carry into execution and all the direction thereof perform between  the several party to the supplemental bill in like manner c and order the  moiety that shall be allot to Warner be convey to he and the share allot to  baines convey to he the master to settle conveyance if the party disagree and  as to the manner of enjoyment of the several part of the say premise in  severalty upon the offer make by the defendant Warner ambler er p in his  answer to the crossbill his lordship do order that in make the say partition  the rend Payable in respect of the water pipe be put into one lot and the  other part of the estate of equal value be put into another lot and in case  the new river company shall lie any new waterpipe which shall run partly  through the ground that shall be allot to the say plaintiff and partly though  the ground that shall be allot to the say defendant the rend to be pay by the  say company shall be apportion between the say plaintiff and defendant accord  to their respective quantity of the say land through which the same shall run  and accord to the offer of the say Warner the conduit which now run waste  shall on such partition be allot to defendant Warner and the cold bath to the  plaintiff the defendant to give security to the plaintiff to be approve by the  master not to convert the say conduit into a cold bath