case thomas butcher versus stapeli and richard butcher S c Eq can Abr refer to  Maddison v Alderson App Cas februar Lord chancellor a parolagreement for a  purchase and possession deliver decree to be perform against a subsequent  purchaser with notice who have a conveyance and pay his money the defendant  butcher be seize of the land in question which he have mortgage to one  Colstock Vernon chancery case for pound agree with the plaintiff to sell the  same to he for pound a short note be draw up of the agreement but not sign by  either party as follow December that Richard butcher for pound do bargain and  sell unto Thomas butcher all those land c the plaintiff to have they from  ladyday next and then the money to be pay the plaintiff to have the hog pound  and dung and the defendant to pay all tax c and be not to cut any tree nor to  put any cattle on the premise and be to have the corn in the barn c and to  avoid it so soon as he can the land be in mortgage to Colstock for pound and  the plaintiff be to pay for the write soon after this agreement the plaintiff  put in his cattle and make encroachment on the defendant butcher other land  thereupon the defendant to prevent difference desire the plaintiff to repeal  the bargain which he refuse the defendant tell he he shall not have the  bargain and advice he not to procure any money to pay for it and drive the  plaintiff cattle off the ground and soon after sell the land to the defendant  stapeli for pound and the d February seal article for that purpose and a bind  of pound to perform the same the that march the plaintiff tender his  purchasemoney and write to seal which the defendant refuse and the that of the  same month stapeli pay butcher pound and take a conveyance of the estate free  from encumbrance except a mortgage and in June after pay off the mortgage and  take a assignment of it to a friend of his own the bill be to have the bargain  and agreement between the plaintiff and defendant butcher decree and charge  stapeli with notice of that agreement before his purchase which stapeli and  butcher deny by answer though purchaser do not know of a encumbrance before he  pay his money yet if he have notice before the execution of the conveyance  that will affect he equal as it be all but one transaction Wigg v Wigg atk so  deny notice of the plaintiff title at the time of the execution of the deed or  payment of consideration money be not sufficient the answer must deny notice  at or before the execution Fitzgerald v Burke atk et vide further as to denial  of notice more v Mayhow Ch can story v Lord Windsor atk so defendant deny  notice to himself only be a negative pregnant that there be notice to his  agent Le neve v Le neve atk so where the bill charge particular act of notice  denial of notice general will not do Radford v Wilson atk senhouse v earl ves  as to what will amount to notice vide Whitfield v Fausset ves Ashley v Baillie  ves nor be there any direct proof of notice save that some neighbour in  discourse do sa they have hear the defendant butcher have sell the estate to  the plaintiff whatever be sufficient to put the party upon a enquiry be good  notice in equity smith v law atk Vernon chancery case for the defendant  stapeli it be insist that there be no sufficient proof Vernon chancery case er  p of notice of the plaintiff agreement and that if there be notice yet the  agreement be not perfect nor bind by the act against fraud and perjury it not  be sign the Lord chancellor declare that in as much as possession be deliver  accord to the agreement he take the bargain to be execute vide coal v white  before Lord Camden cite arg in whitbread v Brockhurst bro Ch Rep on plea and  answer answer deny that possession be deliver as part performance of the  agreement plea allow but not mention on what particular ground et vide dict  master of the roll in Buckmaster v Harrop Ves et vide also Hollis v Edward  ante and case cite in not there and that stapeli have notice of it and that it  be a contrivance between the defendant to avoid the bargain and therefore  decree the defendant Stapelys bargain to be set aside and that stapeli shall  execute a conveyance to the plaintiff upon payment of pound and interest and  the defendant stapeli to procure a conveyance from his trustee the assignee of  the mortgage nothing more with respect to notice to stapeli than that it be  submit that he be a purchaser for a valuable consideration without notice of  plaintiff article ought not to be defeat of his say purchase Reg lib a vide  coal v white before Lord Camden cite arg in whitbread v Brockhurst bro Ch Rep  on plea and answer answer deny that possession be deliver as part performance  of the agreement plea allow but not mention on what particular ground et vide  dict master of the roll in Buckmaster v Harrop Ves et vide also Hollis v  Edward ante and case cite in not there fol