case johnson Mil ux plaintiff sir edward Northey all defendant Lord keeper Jan  pre Ch S c a son daughter can take by limitation to the heir female of the  body of the father for such heir female must derive all by female the earl of  Cleveland have in settle the manor of Toddington and several land in  Bedfordshire to the use of himself for life remainder to the Lord Wentworth  for life and to his first and other son in tail in default of such issue to  the heir female of the earl with a power to revoke by deed or will the earl of  Cleveland and Lord Wentworth his son make a letter of attorney to Thomas Byers  to sell the premise to pay debt and to pay the surplus as they shall appoint  and a act of parliament be also make empower trustee to sell to pay debt and  the surplus to the earl of Cleveland Vernon chancery case the Lord Wentworth  die without issue male leave issue a daughter the lady Philadelphia Wentworth  who in by deed convey to her mother the lady Philadelphia and her heir but  keep the deed in her own custody and afterward by will devise the land to her  mother for life and then to be sell to pay debt and die without issue bill  bring by the old lady Lovelace as only daughter and heir female of the earl of  Cleveland and heir at law to the lady Philadelphia Wentworth to have the deed  and write and to set aside the deed of as gain by fraud or as a trust for the  daughter and a bill be bring by the lady Philadelphia Wentworth to have up the  settlement of as be revoke and to have all other deed and write which Vernon  chancery case er p concern the premise set out her title by the conveyance  from her daughter by the deed in to which bill the lady Lovelace answer to the  effect of her bill and the cause proceed and diverse witness examine and a  decree be make against the old lady Lovelace ex part the lady Lovelace die pen  the suit and John Lord Lovelace her son be also dead and the old lady  Wentworth be also dead and have devise the land to sir Edward Northey all to  be sell for the payment of debt sir Henry Johnson and the lady Wentworth  baroness of Nettlestead his wife be the only survive child of the Lord  Lovelace bring their bill against the trustee and executor of the lady  Philadelphia Wentworth to set aside the deed of Vernon chancery case and a  bill be bring by the creditor to have the benefit of the former decree make ex  part and to have the land sell for payment of debt per cur first the  limitation to the heir female of the earl of Cleveland be determine and the  lady Wentworth the wife of sir Henry Johnson can not make title under that  limitation because she must in such case derive all by female whereas the old  lady Lovelace the daughter of the earl of Cleveland leave a son the late Lord  Lovelace who leave issue two daughter of which the plaintiff sir Henry Johnson  lady be the survivor but then it be insist that the old lady Lovelace have  suffer a common recovery second per cur whereas sir Henry Johnson have examine  witness in this cause wherein he be plaintiff to the same matter put in issue  in the former cause and in truth examine the same witness as have be examine  in the former cause those deposition be irregular and therefore order to stand  suppress for although the creditor bill be to have the benefit of the former  decree so that the court may examine the justice of that decree vide baker v  child ante per Hardwicke Lord chancellor on a bill to carry a former decree  into execution the court can only do that and not vary and the general rule be  so but there be several instance wherein the court have consider the direction  and whether there be any mistake to attain the justice of the case west v skip  ves yet that must be do upon the proof in this cause wherein the decree be  make and not upon any new proof three a doubt arise whether the settlement of  be revoke two issue be direct to be try at law videlicet first whether the  settlement of be revoke second whether the old lady Lovelace suffer a good  common recovery Vernon chancery case but sir Henry Johnson afterward submit to  become a purchaser of the estate under the trustee