case Philip versus duke OF buck eoden die in court Lord keeper Eq can ab pl S  c a article for the purchase of b S estate pretend he buy it for one who b be  desirous to oblige but in truth buy it for another and by that mean get the  estate at a under value equity will not decree a execution of these article  Harding v Cox hill g Harding treat with Cox for the lease of a house and  pretend he take it for one Evans a barber and article be enter into Harding  bring a bill for performance of the article Cox by his answer allege that it  be not take for Evans but for a coffeehouse man who live at the back of the  house and who propose throw it into his coffeeroom and suggest that the name  of Evans be only use as a blind upon hear the defendant fail in their proof  but Lord Chan Hardwicke say that if they have be able to prove the fraud he  will have dismiss the bill with cost on the authority of this case of Phillips  and duke of buck say vide post not p the case be that Mr Phillips have former  treat with the duke of buck for the purchase of the manor of Sheapeshead and  Garrowden in the county of Leicester and not agree upon the price the treaty  be break off but to compass this purchase Mr Phillips procure Mr Niccoll the  Lord chancellor nottingham secretary to negotiate this matter for he and it be  pretend to the duke as be prove in this cause that this purchase be for the  Lord chancellor or for the solicitorgeneral his son the duke declare himself  Willing to oblige any of that family and say if the Lord chancellor will  please any way to satisfy himself of the value of the estate he shall set his  own price afterward Mr Niccoll agree with Hemmings a land jobber who the duke  have employ in this affair to buy this estate for pound and thereupon the duke  and Mr Niccoll enter into article whereby the duke do mention to grant bargain  and sell this estate to Niccoll and his heir in the present tense and Niccoll  covenant to pay for this purchase at such time as be therein mention and both  of they seal each part of the indenture Vernons chancery case they be both  original and Niccoll go immediate and acknowledge before a master in chancery  the deed in his custody and get it enrol if two be party to a deed and one  acknowledge it before a judge it will bind the other tailor v Jones salk and a  deed may be enrol without the examination of the party upon proof by witness  that party deliver it godb cite in tailor v Jones ub sup say vide Lord Raymond  SC as to copy of enrolment of a deed lead the use of a fine be receive in  evidence the duke afterward discover this purchase be in trust for Mr Phillips  look on himself as ill use in this matter and refuse to perform the article or  to execute conveyance but one article be that it shall be lawful for the  purchaser to sue in the duke be name to compel his trustee to convey and his  mortgagee to assign to Mr Niccoll Phillips and Niccoll exhibit a bill and make  the duke a party plaintiff against the trustee and mortgagee set forth the  article and that the purchase be in trust for Phillips and pray the defendant  may convey and assign to the plaintiff Phillips afterward the duke upon a  motion affirm that the bill be exhibit in his name without his privity or  consent get his name strike out of the bill then Mr Phillips amends his bill  and make the duke a defendant and as against he pray a execution of the  article in specie the trustee and mortgagee answer but the duke stand out to a  sequestration and then the plaintiff go on against the trustee and mortgagee  without the duke and obtain a decree against they to convey and assign which  the mortgagee afterward on payment of their money do accord vide down and all  creditor of the marquis of Donegal v Thomas Ves as to process against peer and  other privilege person Gregor v Arundel Ves afterward the duke come in and  answer and examine his witness and the cause come on this day regular to be  hear as against he and the matter aforesaid be make out by proof and likewise  though but slender prove that the land be of great value and be worth between  and pound Vernon chancery case er p the Lord keeper declare his opinion that  there have not be fair and open deal in the manage of this affair but that the  duke appear to he to have be misinform and draw in and that the duke have a  great value for the Vernon chancery case Lord chancellor or Mr solicitor  declare himself Willing to part with the estate to either of they for less  than he will have do to another and that be the intention of the agreement  Lord keeper say he will not in equity carry it into execution for the benefit  of a stranger and say article out of which a equity can be raise for a decree  in specie ought to be obtain with all imaginable fairness and without any  mixture tend to surprise or circumvention and therefore declare he can not in  justice decree these article to be perform in specie vide young v clerk pre Ch  savage v tailor Forr Eyre v Popham bro Ch Rep in not but propose that if the  party will agree to go before a master and if a better purchaser do not come  in within six month Mr Phillips may retain his purchase but that proposition  be dislike on each side the duke desire the opinion of the court and Mr  Phillips think he have a good cause at law on his deed enrol but offer to  submit the matter to the Lord keeper as a arbitrator vide north life of Lord  keeper Guilford but that be decline by the duke he understanding the court be  of opinion for he and thereupon the Lord keeper pronounce his decree for  dismiss the plaintiff bill and put this case that of a man be about to sell a  estate shall be inform by I S that the vendor brother desire to be the  purchaser and thereupon the vendor shall declare his brother shall have a  better pennyworth than another person and he shall article with I S for the  sale of it at a undervalue and this purchase shall be in truth for a stranger  Lord keeper think that equity ought not to decree this purchase and Vernon  chancery case say that Mr Phillips have here a person of great honour to deal  with and ought to have carry the matter fair and open with he but declare if  the bill have be bring in Mr solicitor name and he will have patronize the  purchase the article must have be decree and no one can doubt but he may have  sell it to Mr Phillips the next day but it be another case that be now before  he the statement in this report be not correct it appear from the register  book that at the hear on the that Feb the court respite the judgement and  recommend a compromise to the party this not be effect the cause come on for  judgement as to the duke of buck the d march follow when it be state on the  part of the plaintiff Phillips that the plaintiff have obtain a decree against  the other defendant the mortgagee and trustee and that pursuant to such decree  the plaintiff Phillips have pay on the d do you pound S d to say mortgagee  accord to a report of the master who be order to state and settle the say  mortgage debt and have also at the same time pay the sum of pound to the say  trustee and that the plaintiff Phillips be now in possession of the say estate  and that the say master have by his report of the that Feb direct how the  remainder of the say purchasemoney with interest at the rate of pound per cent  ought to be pay and apply the decree be then state in the register book in  these word whereupon c the court do think fit and so order and decree that the  plaintiff Phillips do pay unto the say defendant the duke of buck and his wife  the pound mention in the master report of the that February as thereby be  direct and that the defendant the duke of buck do make and perfect a good  assurance to the plaintiff Phillips of the say manor and premise by fine and  common recovery and by deed lead the use of the same to the plaintiff Phillips  and his heir and the say defendant be to procure his wife the duchess of buck  to join in the levy and execute such deed and fine and upon defendant and his  wife make such further assurance by deed fine and common recovery the  plaintiff Phillips be forthwith to pay the residue of his say purchasemoney  remain unpay with interest at per cent as the master shall direct to defendant  Clayton and Wildmeers the act trustee of the say duke for the use of the say  trust and it be hereby refer to the master to tax the plaintiff cost of this  suit which be to be allow and deduct out of the plaintiff say purchasemoney  accord Reg lib b fol note in this case Mr Niccoll be Mr Phillip principal  witness to have prove the fairness of the contract and proceed touch this  purchase but he be a party plaintiff though Mr Phillips have a order to  examine he de bene be can not be read but must have be dismiss before he can  have become a witness Eq can ab pl Casey v Beachfield Rep Ch mayor of  Colchester v p win but if Mr Phillips have make he a defendant to his bill as  he may have do and then the trust have be upon oath whereas it be now only  allege in the bill then Mr Niccoll disclaim all interest upon oath may have be  a good witness Windham v Lord Richardson Ch can and see Bellew v Russell ba de  note Mr Phillips have not prove the value of the land as he ought to have do  but will have examine witness v go a voice to it but that will not be receive  Bloxton v Drewitt pre Ch lake v Skinner I W and case collect in note ibidem  note though the article be enrol and import a present grant the legal estate  do not thereby pass to Niccoll it be in the mortgagee Vernon chancery case er  p