baldwin content proctor c car f recognizance enter into condition to pay  annuity vacate the plaintiff baldwin suit be to be relieve against the  defendant upon a statute of recognizance of enter into by John Colby the  defendant Colbys father decease unto sir Francis Baldwin decease condition to  pay a annuity of pound per annum and another of pound per annum unto the say  sir Francis Baldwin and his lady during their life which recognizance the  plaintiff as administrator of sir Francis Baldwin have extend upon land  descend unto the say defendant Colby for arrear of annuity and also to have  the decree of this court for confirmation of the say extent this court will  not relieve the chancery report plaintiff but dismiss the bill and the  defendant Colbys bill be to be relieve against the say extent and to have the  say statute or recognizance and Defeazance to be deliver up to be cancel it  appear to this court that the say recognizance be enter into James for payment  of the money out of the land which be sell by Colby the father for pound and  that sir Francis and his lady join in a fine with he in James and at the same  time Colby the father purchase land in Yorkshire in the name of the say sir  Francis and the interest thereof continue in he till within four month of John  Colby the father be death to who the say sir Francis do then convey the same  and in all probability he will not have convey if the recognizance have not be  discharge or if the say Yorkshire land have continue in he as a security for  the payment of the say annuity and it do not now appear that after Colby the  father be death any part of the say annuity be pay to the say sir Francis or  after sir Francis death to his lady and sir Francis never extend the say  statute in all that time and though it appear that the say annuity be often  demand of the relict of Colby chancery report the father and she desire to be  forbear which the plaintiff Baldwin insist be yield unto in respect the say  relict be daughterinlaw to the lady Baldwin yet it also appear that when the  say Yorkshire land be extend by a statute puisne to the recognizance in  question and the say mary the relict be instigate by the say lady to set on  foot the statute in question to save the land from the puisne extent the say  mary the relict refuse affirm the same be satisfy by her husband upon all  which this court be full satisfy that the say statute or recognizance be so  ancient and no payment prove of the annuity since the say reassurance of the  say Yorkshire land from sir Francis to Colby and the recognizance in all this  time never set on foot until now by a administrator de good non and that the  same be proffer to be deliver up for a small sum and for the rest of the  reason as aforesaid the same ought in all equity to be discharge this court  decree that the defendant Baldwin do vacate the same