case Andrew Searle against Lord carpenter executor of Lord carpenter that Nov  a annuity for life of the plaintiff injunction to stay proceed upon it at law  upon plaintiff pay all the arrear into court lib Reg b foe a plaintiff be  tenant for life of a estate in Essex and be necessitous on that June in  consideration of pound demise his estate to Coulson fellow for year if  plaintiff shall so long live and fellow redemises to plaintiff for year three  quarter if plaintiff shall so long live pay pound ayear redeemable at the end  of one year in may plaintiff in consideration of pound demise to the late Lord  carpenter his estate for year if plaintiff shall so long live and Lord  carpenter redemised for year three quarter on pay pound ayear quarterly the  ambler first payment to be make on the that June then next and there be a  clause of redemption which be postpone to the end of three year and a half at  soon fellow afterward assign his annuity to Lord carpenter the defendant  afterward on the death of his father agree to take pound ayear for the first  annuity for the future instead of pound in plaintiff confess judgement in  ejectment to defendant to secure the arrear of the annuity and there be three  year and a half due defendant arrest plaintiff at law and now on bill bring  for a injunction and to be relieve against the annuity on payment of principal  and interest it be move for a injunction till hear and offer make to pay into  court so much of the principal and interest as shall appear to be satisfy by  the payment of the annuity Lord Hardwicke chancellor there be no suggestion of  fraud or imposition on plaintiff in obtain these annuity nor any circumstance  of hardship appear but what arise from the act itself this court do lean  against these sort of annuity as much as possible be mean of avoid the statute  of usury and of ill consequence in the case of Lawley v Hooper atk that  November the redemption or as it be there call the repurchase of the annuity  be clog with the payment of pound more than will be due at the time which be  usury in the case of sir Brownlow Sherrard ante the decree be find on his  refusal to accept and it be order to be enter in the register book that it  shall not be a precedent the present case be strip of those circumstance but  objection saint that one annuity be make not redeemable till the end of twelve  month the other not till three year and a half ambler er p d that the first  quarterly payment be to be within one month after the date of the deed ambler  as to saint if there have be no time for redemption it have be well enough and  not less so if redeemable at end of three year and a half as to d No great  weight to be lie upon it he may have a equivalent in the purchasemoney be  incline to grant the injunction and if plaintiff life have be insure will have  do it on pay principal and interest into court but as that be not the case  unless he pay all the arrear of the annuity into court and shall die before  the hear the defendant will be a great loser even though he shall have the  merit on his side therefore on pay arrear into court let injunction be grant  till the hear note it be order on plaintiff pay the arrear into court and pay  the defendant his cost at law and non prossing the writ of error bring by he  and consent to bring no writ of error and undertake to speed the cause that  injunction shall be rant till hear lr it be former hold that a proviso for  repurchase vitiate the annuity by convert the sum advance into a loan at  usurious interest Lawley v Hooper atk Floyer v Sherrard ante but it be now  full establish that such a proviso be not illegal Murray v Harding Bl Rep S c  will Irnham v child bro c c see Lord Portmore v morris bro c c longuet v  scawen bro Ves Ves and see fox v Mackreth bro c c