askew v the poulterer company December and June on loss of a deed c the same  rule of evidence here as at law vide Ves sen and supplement p loss of deed can  only be make out by circumstance the destruction of a deed c by affidavit  decree in a former cause between the same party read as evidence though not  conclusive so also of deposition in a cause which have settle the right of all  as under a decree for performance of trust see Ves sen a question be make  whether a decree in a former cause wherein the present plaintiff and defendant  be party may be read on the part of the plaintiff it be object to because no  opportunity of crossexamination between codefendants Lord chancellor I be very  clear that it may be read as evidence though not as conclusive evidence it  frequent happen that there be several defendant all claim against the  plaintiff and have also different right and claim among one another the court  then make a decree settle the right of all the party but a declaration for  that purpose can not be make if this objection hold which will be very fatal  as it will occasion the split one cause into several another question be  whether the examination of the witness in that cause can be read against the  defendant now vesey senior Lord chancellor I agree the general rule to be that  where there be several defendant at hear deposition take on part of one  defendant may be read against the plaintiff but not against a codefendant  because there can be a cross examination but it often happen that in a bill  for performance and execution of trust in a will or deed several party be  before the court and a decree be make for performance of the trust and a  declaration of the court on the several part of that trust how far it shall  extend which decree be acquiesce in it be consider as a determination among  all the party as well between the codefendants as the rest otherwise the  decree will become useless and it will be necessary to have as many bill as  there be party claim different right be this doctrine to prevail when the  court once take a fund into its own hand it will not suffer any proceed at law  per Lord Thurlow brown a determination by the court for performance of trust  have be hold a ground for a bill for perpetual injunction against the party  set up a legal estate to overturn that decree which be the case of Acherly v  Vernon and also in a case relate to the duke of Buckingham estate where there  be a decree for performance of a trust and a declaration who be entitle to one  part and who to another so have there be a decree of that kind in this case  which be evidence between all the party and this deposition may be read to  show what be the foundation of this decree and otherwise it will be impossible  to have any fruit from a decree for the general establishment of trust under a  will where there be several party whether conclusive be another matter the  bill be for a account of rend and profit and to have possession of a estate on  the destruction and loss of a deed the plaintiff derive a right from a  conveyance by a heir at law on determination of the use in a settlement Lord  chancellor if there be proof of destruction by defendant it will be a ground  for immediate relief but it be find on the loss and the rule of evidence be  the same here as at law it be a question of a legal title plaintiff must show  title in himself as well as none in defendant and must recover by his own  strength though they be wrongdoers he have not prove a title in himself nor do  he prove what be the content or use in that settlement plaintiff resort to  other proof to let vesey senior er p in which he must show it be the best the  nature of the thing will admit and must prove that it be lose or destroy  though destruction of a deed may be prove by affidavit the loss of one can  common be so but only can be make out by circumstance as that inquiry have be  make and search vesey senior in the proper place and hand and in vain as  defendant therefore insist on it it must be try at law the bill be dismiss  without cost by consent on the that June follow Reg lib a fol