case comb versus spencer December Eq can ab pl S c a copy of a deed to lead  the use of a fine and enrol for safe custody only allow to he have as evidence  at a trial at law William Spencer have marry one of the daughter and coheir of  sir John baker he and his wife levy a fine and join in a deed lead the use of  that fine and thereby give power to William Spencer to charge his wife  inheritance with five thousand pound the plaintiff claim part of that five  thousand pound by the appointment of Mr Spencer and bring his bill to have the  same raise out of the estate the plaintiff to make out his title produce a  copy of the fine and likewise a copy of the deed of use the same be enrol but  it be object that the copy from the enrolment of the deed of use ought not to  be read as evidence especial against the defendant the wife first because it  be a deed that do not take effect by enrolment but be only enrol for safe  custody and be not evidence nor be the enrolment itself without particular  circumstance to support it as prove the original deed be in the defendant  custody or power or accidental lose c so as to entitle a plaintiff to read a  copy or counterpart of a deed and of that opinion be the master of the roll  who say that in case of a enrolment for safe custody the deed may be say to be  record vide on this head tailor v Jones raym where the enrolment appear to  have be refuse at a trial by Rokeby but resolve in c b that such a copy be  prima fancy evidence but the party can not be estopped by it as by the record  et vide uvoodward v Aston vent arg et vide certain rule lie down on this  subject Mr h t case two Mod but where Vernon chancery case a bargain and sale  be enrol pursuant to the statute the enrolment be a record so that a copy of  it may be read in evidence so Smarthe v William salk and it be also object  that though the husband and wife be both party to the deed it be acknowledge  by the husband only but this seem to be no objection in regard if husband and  wife levy a fine of the land whereof they be seize in right of the wife and  the husband alone declare the use of the fine the declaration of the use shall  bind the wife if her dissent do not appear although her assent to the  declaration of the use can a pear for when she join with her husband in the  fine it shall be intend if the contrary can appear that she join also with he  in agreement in the declaration of the use of the fine beckwith case Rep b  note afterward upon a rehear a issue at law be direct whether such deed of use  be execute and upon the trial a copy of the deed be allow to be read and a  verdict for the deed all that appear by the entry of the above date in the  register book be that on a dispute at the hear as to read the copy of the deed  to lead the use of the fine the plaintiff counsel desire time to find the  original deed and thereupon the cause be order to be continue in the paper Reg  lib a fol No further entry nor any entry of the rehear appear vide comb v  dowell post where deed declare use of fine be lose copy of enrolment allow to  be read on trial of issue at law but probable that be S c Vernon chancery case  er p