case William burgh appellant Colthurst Langton respondent that April Mews dig  ringtail burgh v Lanton xiv a decree of foreclosure be open after sixteen year  on account of the equity of redemption be worth much more than be due upon the  mortgage decree of the court of exchequer AFFIRMED See ante note to case bro p  c viner vol p can Eq can ab can John Langton Esq the respondent grandfather in  the year purchase from sir Charles Lloyd for a valuable consideration the land  call Shanacloun Brury Garrouse Lisnecona Garrane Ballyfokeen Ballyoran and  Ballinwillin contain together about acre part of which videlicet the five  first denomination sir Charles have in demise to William and Augustin Martin  for year at the yearly rend of pound S d which lease expire in the year but Mr  Langton not be provide with the whole purchasemoney he mortgage the premise to  Robert bridge for pound the say Robert bridge afterward press for his money  Langton in the year borrow pound from Peter brown Bettsworth and Vincent  Gookin who be trustee for one Dorothy Clayton afterward the wife of James  Waller and as a security convey the land of Shannacloun Garrouse and Brury to  the say trustee and about the same time he also borrow pound from Joseph Damer  on the land of Garrane Lisnecona Ballyfokeen Ballynoran and Ballinwillin which  be convey to Mr Damer accord subject to a condition of redemption and both  these sum be pay to bridge in discharge of his mortgage he join with Langton  in the new security the money remain upon these mortgage till when Langton be  hard press by the mortgagee who have before that time obtain a decree to  foreclose he therefore apply to the say James Waller who by marriage with the  say Dorothy Clayton be entitle to the pound lend by her trustee to continue  his money but which Waller refuse to do on the foot of the subsist mortgage  because it have be of some stand and may in time prove very troublesome in  account but as account be then settle Waller offer to take a absolute  conveyance of the land in his mortgage and reconvey the same to Langton as a  feefarm forever subject to such yearly sum for rend as the interest of the  money due shall amount to and accord the money due to Waller be about pound  Langton and Bettsworth as the survive trustee convey the mortgage premise to  Waller by deed date the that of June and Waller by deed date the that of the  same month reconvey the same to Langton subject to the yearly rend of pound  that sum be the interest of the pound at pound per cent at the same time brown  er p it be agree by Waller that he will release the say pound rend when  Langton pay the pound and interest and it be to have be so defeasanced by two  different deed and be so insist on by Langton because he may redeem it at  different time with more ease than by pay the whole at one entire payment  therefore he be to have about four year videlicet till may to redeem the say  pound per and and insist on a much long time for the pound per and and a  defeasance to that purpose date the that of the same month of June be execute  by Waller as to pound per and part of the pound but not as to the remain pound  the say John Langton in the same month of June have occasion for pound apply  to Waller for it who not be in cash procure one Hugh Hutchinson to lend the  same and to secure the repayment Langton by deed date the that of June convey  the premise charge with the say feefarm rend to the say Hutchinson subject  thereto and subject to redemption if Langton pay the pound and interest in  four year from the may precede videlicet in may be the same time that the  pound per and be redeemable by the say defeasance which be deposit in  hutchinson hand the mortgage to Waller be thus settle it remain only to  discharge Damers encumbrance and for that purpose brown Langton in December  raise pound by convey the land of Garrane Lisnecona Ballyfokeen Ballynoran and  Ballinwillin which be in the mortgage to Damer to Henry petty Esq afterward  earl of shelburn for that sum and take back a reconveyance of the say land at  the feefarm rend of pound per and in the year the say John Langton die  whereupon all the premise subject to the above encumbrance and to several debt  on bind and judgement descend to John Langton his son and heir the respondent  father but in Hutchinson bring a bill to foreclose against the say John  Langton the son who about this time apply to Waller to redeem but he make some  difficulty Langton in order to prevent a suit offer pound which be  considerable more than be due Waller however insist on pound and that  Hutchinson shall be pay which be at length agree to but Waller make some  further difficulty the whole be by bind in pound penalty submit to the  determination of Alan Broderick Esq afterward Lord viscount Middleton and Lord  chancellor of Ireland in order to which Waller and Langton state their case  but so different that no award be make however Mr Broderick give his opinion  on Waller case that he ought to accept the pound and he agree so to do accord  but die before the agreement be execute in the year or the appellant first  intermeddle with langton affair and he be then in treaty with one freeman who  as assignee to martins the original lessee under sir Charles Lloyd or be  otherwise entitle have get possession of the premise in martins lease and  Langton have also be in treaty as before with the say James Waller decease and  afterward with his widow to redeem the feefarm rend of pound the appellant in  June hear of these treaty and transaction send a letter to Langton express his  surprise to hear that freeman and Langton be like to break off and take notice  of the say treaty with freeman desire information thereof in these word  videlicet and whether or no and upon what term Mr freeman will agree if your  money shall be any otherwise employ I believe a reasonable sum may he have at  usual interest on the security of that lease and your consent for the purchase  of it I will not make any proposal for remainder at a time that land be fall  but if I have encouragement I think to view they myself and to meet you on the  place or at Limerick first if I settle with my Lord in the same letter the  appellant also propose pay Waller encumbrance as follow videlicet in the mean  time pray let I know whether you can pay off mrs wailer if not at present  consider whether you can get her to assign her deed by which you may engage  some other person to leave you a large time for redemption upon secure to he  such interest and principal as shall be advance thereon I do it know but I may  get one brown to do it though at present I can it promise it the time be such  and ready money so very scarce Langton have by this time agree with freeman  for his interest in the say lease for pound go to Dublin to raise the money on  the encouragement of the above letter but the appellant will not lend it on  the lease as propose in the brown er p letter but turn it into a proposal for  buy that part of the estate subject to the Lord Shelburns feefarm rend and a  agreement be accord enter into between Langton and the appellant in July for  that part of the land for which he be to give twelve or fourteen year purchase  at S per acre subject to the say feefarm rend and by the same agreement the  appellant be to meet Langton upon the land in about a month afterward to pay  freeman the pound and put Langton into possession which meeting be accord have  but freeman not attend nothing be do soon afterward Langton be arrest in  Limerick for a debt of pound and have no way to be release from a gaol but by  the appellant proceed in the say purchase and the appellant insist he will not  give so much as be former agree on Langton for his immediate relief be induce  to abate considerable and accord on the that of August article be enter into a  new and execute in prison at S d per acre upon which Langton be discharge from  his confinement but though by these article the appellant be to pay freeman  the pound immediate on freeman assign and to pay other sum for other purpose  in the article mention and the money to be deposit in the bishop of limericks  hand for so do yet freeman by many trifle and evasive excuse delay to execute  such assignment the say article be no further carry into execution nor any  deposit make these article also accord to the appellant say letter contain a  covenant from the appellant to advance the money to redeem Waller feefarm rend  at pound per cent and take a assignment of the same front Waller  representative subject to redemption in seven year in march there be pound S d  due on account of the pound per and which the appellant have purchase from  Lord Shelburne and the appellant by add to that the pound advance to take  Langton out of prison and the interest of it to that time which make it pound  S d some bill of cost a bind of pound S and some money then pay swell up a  account to pound for which sum he prevail with Langton to convey by deed date  the saint of march all the land subject to the pound feefarm rend to Ann  Parnall the appellant mother in law in trust for he subject to redemption upon  payment of pound on the d of march be pound per cent for rend not due accord  to the custom of pay one half year within another and which together with  brown interestmoney due a very little time after be make principal though the  interest be reduce to pound per cent the bill exhibit by Hutchinson in to  foreclose have be carry on against Langton a foreclosure be decree on the that  of July unless Langton shall pay pound S and cost before the saint of November  and this be another part of the estate which the appellant have in view and  Waller absolute refuse to suffer a redemption or convey the feefarm unless  Hutchinson be first pay off a agreement be make with Hutchinson for his  interest and accord Hutchinson in march assign all his right in the estate  convey to he by Langton and in the say decree to Thomas burgh the appellant  brother in trust for the appellant in consideration of pound S d this be do  nothing remain but Waller feefarm rend of pound which the appellant have be  treat for during these other transaction and tender the money to Waller in  behalf of Langton who be jealous of the appellant proceed and therefore have  desire mrs Waller to do nothing in prejudice to his title the appellant on the  that of may send a letter to Langton to the effect follow videlicet I suffer  very much in my treaty with mrs Waller by reason of your letter to her to stop  proceed with I in which she apprehend she may have trouble from you afterward  I think it for your service that business shall be take up and yet you stop it  and to my loss too have keep money by I wherefore I desire you will declare to  her your consent since your equity will thereby be the better establish if she  change hand soon after this videlicet in Michaelmas term the appellant exhibit  a bill in the exchequer in the name of the say Ann Parnall his trustee to  foreclose Langton for not pay the pound for which the land subject to the  pound feefarm rend be make a security and this suit together with that in  hutchinson name be now carry on with such effect that the foreclosure in  hutchinson cause be make absolute on the that of November the appellant have  prevail with mrs Waller to agree to convey her feefarm brown er p rend of  pound per and to he in case he file a bill against her for that purpose he in  February exhibit such a bill in the court of chancery set forth langton  transaction with Waller and his own in trust for Langton and pray that she may  convey in consideration of pound accord to the agreement make by her decease  husband and her to which she submit and in pursuance of a decree thereupon  make she convey to the appellant for the consideration aforesaid on the that  of September the appellant have thus make himself master of all the estate but  Parnalls interest after some indulgence give by the court to Langton though to  no purpose from his inability at that time and other misfortune a absolute  foreclosure be brown decree against Langton at the suit of Parnall on the that  of December for some year afterward Langton labour under great distress and  difficulty but have in the year marry a gentlewoman of some fortune he be  thereby enable to call the appellant to account and accord on the that of  January the day before hutchinson decree of foreclosure be enrol Langton  exhibit his bill in the court of exchequer in Ireland against the appellant  and other set forth his hardship and the several proceed before mention and  insist that the say feefarm rend be in the nature of mortgage and therefore  pray to redeem and to be let into a account notwithstanding the say  foreclosure at the suit of Hutchinson and Parnall in August and before any  further progress be make in this suit Langton die leave the respondent his son  and heir who in April revive the cause and thereupon the appellant put in his  plea and answer set forth the several foreclosure obtain and the conveyance of  the feefarm rend which he plead in bar to the respondent demand and this plea  be argue on the that of December the benefit thereof be reserve to the hear  with liberty to except to the answer and exception be accord take the  appellant answer over deny several of the fact before insist on or allow by he  in some of the plead before mention and traverse general the other defendant  also answer and disclaim any right on the that that that that that and d of  February the cause be hear before the Lord chief baron hale and the other  baron on which last day it be order adjudge and decree that the foreclosure  obtain by the appellant in the name of his trustee Ann Parnall of the land of  Garrane Lisnecona Ballyfokeen Ballynoran and Ballinwillin shall be open and  that the respondent shall be admit to a redemption on payment of principal  interest and cost due on the say mortgage and the appellant be thereupon to  reconvey to the respondent and his heir subject to the feefarm rend of pound  reserve by Lord shelburn and assign to the appellant but the respondent bill  as to the say feefarm rend be dismiss and it be also decree that the  respondent shall in like manner be let into a redemption of Brury Garrouse and  Shannacloun be the land in hutchinson mortgage on pay principal interest and  cost due thereon and also of the pound rentcharge convey to the appellant by  Waller on payment of all arrear of the say rend due and interest for the same  and all the money pay mrs Waller and the appellant be thereupon to convey to  the respondent who be to pay the appellant his cost of this suit and the court  dissolve a injunction obtain by the respondent in order that the appellant may  enjoy his pledge till his money shall be pay brown from this decree the  appellant appeal insist c Wearg t Lutwyche that the rend of pound per and be  grant for a good and valuable consideration and that pound part of it be not  subject to any redemption whatsoever that the several decree of foreclosure be  make so long ago as the year and after a long litigation and several  considerable indulgence of time grant before they be make absolute that the  several purchase of the rend and benefit of the foreclosure be fair make and  obtain without the least fraud or circumvention so much as pretend by the  respondent and the mortgage premise at the respective time of the foreclosure  be not of great value than the money due upon they but shall it be object on  the part of the respondent that the land in question be now of much great  value than what will be sufficient to pay off the appellant all the money by  he advance with interest it be answer that the prince pay brown er p by the  appellant for the rend and the mortgage be the full value thereof at the  respective time of their be purchase and when the decree of foreclosure be  make and till the year when martins lease expire the profit of the whole land  do not in any one year amount to so much as will clear the yearly feefarm rend  and quitrents to which they be subject so that nothing be leave to answer the  mortgagemoney or interest it appear also by the minute of the court that in  each cause before the foreclosure be make absolute it be order that the  mortgage interest shall be sell but this Langton obstruct well know that it  will not raise sufficient to pay the money due beside it be in proof that in  the land not include in martins lease can not be let for more than S d or S a  acre so that the estate even with the contingency of that lease fall in be not  during all that time worth the money due to the appellant and the other  encumbrancer shall it be also object that from the appellant letter of may  when he be in treaty with mrs Waller for the pound per and it appear that all  that be do by he be in trust for and for the benefit of Langton it be answer  that the clause in that letter can not be mean by the appellant or ought to be  otherwise understand than as to the redemption of the pound per annum and the  equity of redemption of hutchinson and Parnalls mortgage which be not then  foreclose and shall it be far object that in the bill exhibit against mrs  Waller for procure a decree to indemnify her in sell the pound per and the  appellant find his whole equity to that bargain on a treaty and agreement for  sale make by Langton with James Waller in his life time and that therefore the  purchase make by the appellant be in trust for Langton it be answer that the  suggestion and inference of bill be leave to the management of counsel and  ought not to conclude the party in point of right that the decree intend be  for mrs Waller benefit the proceed be frame in such manner as her counsel  advice brown beside the fact pretend be utter false and the respondent have  not attempt to make the least proof of any agreement between his father and  James Waller for purchase back the pound rend nor in truth be the respondent  father a party to that bill and therefore it be hope that the decree will be  reverse and the respondent bill dismiss with cost to this it be answer p York  c Talbot on the other side that as to Waller feefarm rend of pound and  hutchinson mortgage which must both be on the same foot since without  redemption thereof Waller refuse to assign there be a trust plain and full  admit by the appellant and prove from his first set out in langton affair by  his letter in by his covenant in the article with Langton at Limerick in the  same year to raise Waller money pursuant to that letter by his letter in by  his answer to langton bill in the same year by his bill against mrs Waller to  oblige her to convey to he and by the recital in the conveyance pursuant to  the decree make on that bill and he must have buy hutchinson mortgage either  as langton friend or to make himself master of the estate and thereby have he  in his power the former be what the respondent contend for the latter be not a  proper motive and as to Parnalls mortgage of beside the hardship on Langton by  turn rend not five month clue into principal and oblige he to pay for that and  other sum the interest whereof though but a little time due be also make  principal pound per cent when in four day after that mortgage be make a act  pass for reduce interest to pound per cent the great overvalue of the land in  this as well as hutchinson mortgage be to be consider no account have yet be  take of that matter in order to a sale of the estate for the purpose of render  to Langton the overvalue that the foreclosure aim at by the appellant shall he  prevail will secure to he the estate in question for a three part of the value  while the redemption decree and from which he have appeal give he all the  money he have pay with pound per cent interest for the whole time beside his  cost the one will whole ruin a numerous family the other will pay the  appellant all that be due to he with the advantage of a very high interest  accord after hear counsel on this appeal it be order and adjudge that the same  shall be dismiss and the decree therein complain of affirm jour vol p brown er  p