bill to have a discovery of defendant Title to land in b mortgage to plaintiff  and to have a account of the rend and profit thereof c the case be the  defendant father have occasion to borrow pound the defendant be employ by his  father to solicit plaintiff to lend that sum upon a mortgage of the land in b  which the father make affidavit of that he be seize in fee and that the land  be free from encumbrance the defendant be then about the age of twenty year do  carry a feoff in fee and fine of the land of defendant father to plaintiff  counsel and the Title be approve of and the money lend and a mortgage make to  plaintiff and the defendant be a witness to the execution of the mortgage deed  and also to the payment of the money defendant father after defendant come of  full age take pound more upon the same mortgage and the defendant be privy to  that transaction but not a witness to the deed or payment of the money  defendant by his answer say that at the time of make the original mortgage he  have hear the land be settle upon he after his father be death but have never  see the settlement and after his father be death he refuse to pay the mortgage  and claim the land as remainder man in tail by virtue of a settlement by his  grandfather upon the marriage of his father c and Cowper c say that if a  infant have a remainder upon a estate for life be a witness to a mortgage make  by tenant for life he do not think this will bind the infant because if he be  make a party to the deed and seal it yet that will not bind he and that that  be a much strong case yet his lordship be of opinion in this case that the  defendant be liable and ought to make satisfaction to the mortgagee because at  the time of this transaction he be very near be of full age and solicit the  plaintiff to lend the money and produce this feoff in fee to his father which  appear now to be forge and be principal concern all along in the fraud when he  know at the same time as he admit by his answer that his father be but tenant  for life with remainder to himself if a infant be old and cunning enough to  contrive and carry on a fraud his lordship think in equity equity case abridge  he ought to make satisfaction for it decree accord mich Geo Watts and Creswell  vin Abr pl this case be misplace in point of time