case Ferrars versus cherry all october Eq can ab pl pl S c one purchase have  notice of a settlement whereby the vendor be but tenant for life remainder to  his first c son in tail and afterward sell to one who have no notice tenant  for life die leave a son decree the last purchaser shall hold the land but the  first shall account for the purchasemoney which he receive with interest from  the death of the tenant for life the defendant purchase from the plaintiff  father and mother the land in question by deed and fine whereby Vernon  chancery case they convey to he and his heir whereas pursuant to a agreement  make on their marriage the estate be settle to the plaintiff father for life  part to the mother for her jointure remainder of the whole to the first and  other son in tailmale c the premise be by indenture make and execute before  the marriage agree to be settle as to so much thereof as do not exceed pound  per and to the use and behoof of such person or person as the plaintiff father  shall appoint to the intent that the same may be sell to the best advantage  and as to all the residue of the say premise as in the print report save that  the whole of such residue be to the wife for her jointure a settlement be  execute accord to the aforesaid agreement after the marriage the part of the  premise which the plaintiff father be by the say agreement at liberty to sell  be sell to one Gosnold for pound r l and it appear by the proof in the cause  that the defendant cherry have notice of the settlement and that the same  among the other write be deliver to he upon his purchase the defendant take in  a mortgageterm which be prior to the settlement and enter and afterward sell  the estate part to Howland and other part to Harwood who be make defendant  Vernon chancery case er p to the bill and plead they be purchaser without  notice and the plaintiff not be able to prove any notice upon they the bill as  against they be dismiss with cost r I but as against the defendant cherry the  court decree he to account for the considerationmoney for which he sell the  estate with interest from the decease of the plaintiff father and mother  mother only r l thereout discount what be due on the mortgage make prior to  the settlement and to pay the plaintiff his cost and also what cost the  plaintiff shall pay to the other defendant Howland and Harwood Reg lib a fol  it be object that although it now appear by the proof that the settlement  which be make after marriage be make pursuant to article make before the  marriage yet it be not so recite in the settlement nor any notice take therein  of the agreement or article before marriage and for aught appear to the  defendant cherry the deed be fraudulent as against a purchaser Vernon chancery  case per cur he ought to have inquire of the wife relation who be party to the  deed whether it be voluntary or make pursuant to a agreement before marriage  and have notice of the deed must at his peril purchase and be bind by the  effect and consequence of the deed