bag contra forster may car bill for perform marriage agreement plea to part  and demurrer to part and both allow the bill be that James bushel be seize of  the premise in the bill a treaty be have in August for a marriage between he  and Dorcas the plaintiff mother and before the marriage August become bind to  Francis Goodwin and Francis Holloway trustee nominate by Dorcas in pound that  if he convey and assure the say land and premise to they and their heir within  two month after or else if he and his heir purchase so much other land as  amount to pound per annum ultra reprize within three month and make the like  conveyance thereof then the bind to be void and that afterward the marriage  take effect but James do not as the plaintiff can any way discover at any time  convey the premise or purchase other land but yet after the time mention in  the condition of the bind by indenture date that novemb chancery report in  consideration of the love he bear to the say Dorcas and other consideration  therein express covenant with the say Goodwin that he and his heir and all  other be then seize of the say premise shall from thence stand seize to the  use of himself for life without impeachment of waste and afterward to Dorcas  for life and after chancery report er p to the first and ten son and their  heir male and after of his own right heir and that after the bind of  conveyance James have issue by the say Dorcas a son which die without issue  and afterward James die without other issue and Dorcas afterward marry the  plaintiff bag be father and they have issue the plaintiff their only son and  heir and about two year since Dorcas die and the plaintiff ought accord to the  agreement make upon the say marriage to enjoy the premise to he and his heir  in regard James die in dorcas lifetime without issue and he be heir of Dorcas  and therefore ought to have a execution of the say marriage agreement accord  to the condition of the say bind and that the defendant in who the estate in  point of law be may convey to he accord be the scope of the bill whereto the  defendant Forster as to two three part of the say premise have plead chancery  report that he be a purchaser for a good and valuable consideration without  notice of the say bind and he and his wife who be entitle as she be heir at  law and to the other part of the premise have demurrer for that it appear of  the plaintiff own show that the bind be enter into twentytwo year since to  Goodwin and Holloway trustee for the plaintiff mother that James in November  follow by indenture between he and the say Goodwin make a settlement of the  same premise to himself for life and after to the plaintiff mother for life  and after to their first and other son in tail with remainder to his own right  heir and that there be no issue of James and the plaintiff mother live but the  plaintiff a mere stranger to James and a child of Dorcas by another husband  which conveyance be so accept as advice ought reasonable to be intend a  performance of the say pretend agreement and condition of the pretend bind and  agreement at least that the plaintiff shall have no relief in equity and for  that Goodwin the pretend obligee in the bind nor the executor nor  administrator of James bushel for ought appear by the bill be make party  either as plaintiff or as defendant thereto and for that no Title in equity  chancery report appear in the bill for the plaintiff therefore they demurrer  thereto upon debate whereof and hear what can be allege on either side it be  order that the say plea be allow but the plaintiff may reply thereunto as he  shall be advice and as touch the say demurrer the court be assist with Mr  justice wile adjudge the same to be good and sufficient and the plaintiff be  to pay to the defendant the ordinary cost of allow a demurrer but with this  proviso nevertheless that the plaintiff may be at liberty to amend his bill or  to bring in any new bill upon the say marriage agreement as he shall be advice