case galley versus baker July a building lease be make of churchland by a  deceit put upon this court by the lessor who take a large fine from the lessee  though nothing of that be mention in the proposal lie before a master the  executor of the lessor be decree to refund this money to be lie out in a  purchase for the benefit of the successor but the lease be allow to stand good  because it do not appear that the tenant be privy to the imposition upon the  court the duchess of d be seize in fee of a house and garden in saint Giles in  the field call Whitehouse upon the that of April make a lease of the premise  to the then archbishop of Canterbury and other trustee for the benefit of the  rector of the parish and his successor for the term of ninetynine year and  afterward by her will date November recite the lease direct her heir to convey  from time to time as the rector of saint Giles and his successor shall direct  declare her intent to be that the say house shall remain as a dwellinghouse  for the say rector and his successor for ever as a free gift by her there be  at her death a lease for life subsist which determine in when the late  archbishop sharp be rector who find that the house be so old and ruinous that  it can not convenient be make a habitation for the rector and think it will be  more for the advantage of he and his successor to let out the ground on a  buildinglease at a reserve rend come to a agreement with one Boswell to let he  a lease for fortyone year at pound per and to build house on and a bill be  bring by Boswell to have this agreement carry into execution it be decree by  the earl of Nottingham that a lease shall be make with covenant to build and a  lease be accord make the that of February by dr case tempt Talbot sharp and  the heir of the duchess and the survive trustee of the term Boswell lie out a  considerable sum and build sixteen good house and his lease expire at  Michaelmas when the late bishop Barker be commendatory rector of saint Giles  the bishop in the year bring this bill set forth all the former proceed and  suggest that the house be so ruinous that it be necessary to rebuild they  which nobody will undertake unless a building lease can be obtain for a long  term and pray it may be inquire under what rend and covenant it be proper to  have such a lease grant the court thereupon send it to a master who report  that the party propose to let a lease for sixtyone year and to improve the  rend from pound to pound and make it appear that the house be ruinous and that  it will be for the benefit of the rector to have such a lease make with proper  covenant which the court accord order and a lease be make June but in it there  be no covenant to rebuild only in case where any be necessary to be pull down  and it appear by the evidence that the bishop have take pound for a fine of  the lessee but nothing of it appear upon the lease in fact the house want a  great deal of repair but not to be rebuild nor be any one of they rebuild but  about pound lie out in repair the rend be now pound per and this bill  therefore be bring by the plaintiff the present rector and immediate successor  to the bishop against the bishop executor and against the lessee either to  avoid the lease as obtain by fraud upon the court and on a contract injurious  to the successor or to have the pound with interest from the bishop death for  the benefit of the successor the present rector Lord chancellor there be not  the least suggestion to the court that the bishop intend to case tempt Talbot  take a fine or make any private advantage but only a desire of have it inquire  how the and of the trust may be best answer in his proposal to the master he  say that notwithstanding the inconvenience he have be at for want of a rectory  house yet provide he may have leave to make a lease he be Willing to do it  which be say to be a suggestion that he intend to take a fine it may be a dark  intention and show skill in impose upon the court but can make the case the  better affidavit be lie before the master that the house will fall of  themselves if not speedy take down which be the inducement to the court to  make a final decree and thereby give leave to lease and the present bill be  not to set aside the former decree nor can it be do by original bill except in  case tempt Talbot er p case of apparent fraud nor be the decree wrong in  itself but it have not be right pursue and a wrong use have be make of it in  the carry it into execution accord to the decree there shall have be no fine  and there shall have be proper covenant if there have be no fine the bishop  will never have agree to this lease at the rend of pound per and and if the  fact have be know to the court it will never have ratify the lease this  therefore be what the present bill be bring to rectify the question be first  as to the lessee who do not appear until be no party to the former cause when  he be tell that the bishop have power to make such a lease he look no far back  than the decree he see the power that the bishop have and it do not appear  that he have a great bargain so that it seem too hard to set aside his lease  and the rather because part be sell and the repair have be great but second as  to the bishop I have no doubt but the pound ought to be consider as a part of  the trust from which it flow and ought to be repay with interest at pound per  cent to the present rector from the death of case tempt Talbot the bishop and  so decree the pound to be lie out in a purchase for the rector and his  successor and until such purchase make to be lie out on security in trustee  name and the bishop executor to pay cost out of his asset but as against the  lessee dismiss the bill without cost Reg lib a fol by the name of galley v  Sharplesse