case walter bunbury et Ux Appellants thomas bolton and others Respondents that  November Mews dig I such defect in a decree as the court will rectify upon  motion be not sufficient ground for a appeal viner vol p can Dudley Loftus  esquire doctor of law in the year be seize in fee of several house on the  blind key and in smock alley and scarlet lane in the city of Dublin mortgage  the same to the governor of the blue coat hospital near Dublin for pound and  interest at pound per cent per and and a great arrear of brown er p interest  be due in the year the mortgagee recover possession of all the say mortgage  premise except a house which the doctor then live in on the that of April dr  Loftus make his will and thereby bequeathe inter alian to his wife the now  appellant lady Irwin in case she survive he the brick house wherein he then  dwell with the court garden and stable thereunto adjoin as also all the  furniture of the say house together with onethird part of the profit of all  the other house reserve out of the say brick house so devise as aforesaid a  room to each of his two daughter jane and lettuce as at the time of his death  shall be furnish with closet to each of they belong he also bequeathe to his  say wife and the respondent dean Bolton the other two three of all his real  and personal estate in trust for the say jane and lettuce their heir executor  and administrator and if his say wife shall marry after his death then from  and after such marriage he direct that the whole entire trust of the two three  of his real and personal estate shall remain to dr Bolton as if his wife be  natural dead and appoint the appellant his say wife and the respondent dean  Bolton executor brown of his will and soon after die and the executor prove  the same the appellant lady Irwin continue in the possession of the say brick  house for some time under the testator will and possess herself of most part  of his personal estate which she dispose of to her own use and on the that of  April she intermarry with one Robert MNeal by indenture of lease date the that  of January the say Robert MNeal and the appellant lady Irwin demise the say  house garden and stable c to Thomas milburn for the term of twentyone year if  dame Elizabeth shall so long live at the yearly rend of and milburn by virtue  of this lease enter upon the premise and turn the say house into a tavern  which be afterward know by the name of one tun tavern by which mean the  testator say daughter be oblige to quit their room and closet which be devise  to they in the say house for their habitation and the say MNeal in right of  his wife receive the say rend of pound per and from milburn until the year  although during all that time the house be subject to the aforesaid mortgage  in the same year some difference arise between the testator say daughter and  the appellant lady Irwin and her husband MNeal concern their several interest  in the say mortgage premise they agree to refer the same to Mr John smith and  Mr Samuel Martin who soon make and publish their award whereby they order the  daughter to pay pound to the appellant lady Irwin in full of her interest in  the say mortgage premise who and also the say Robert MNeal her then husband  know that after payment of the mortgage money due to the governor of the blue  coat hospital their demand will be of little value be so well satisfy with  this award that in their answer to a bill file against they by the daughter in  the year they insist on the award and pray that all the benefit and advantage  thereby accrueing to they may be reserve the mortgagee find that such part of  the premise as they have first possess themselves of be not sufficient to  discharge the grow interest and much less the arrear of interest due on the  mortgage in the year bring a ejectment for recovery of the say brick house and  premise which be set to milburn and have obtain judgement in such ejectment  they be afterward put into possession of the say house the appellant lady  Irwin and the say testator daughter find that they can get nothing out of the  say premise until the principal interest and cost due on the mortgage be full  satisfy propose to sell the premise to the governor of the hospital and  several other for pound in which sum the principal interest and cost due on  the mortgage be to be include but no person appear Willing to buy the same as  the building thereon be very old and of little value the appellant lady Irwin  and her say husband MNeal go into England without make any agreement about the  say premise brown but in the year the respondent alderman Bolton come to a  agreement with the daughter to give pound for the say mortgage premise to be  pay in manner follow videlicet to the governor of the hospital pound which  then appear to be due to they on account of the say mortgage pound to the  respon brown er p dent dean Bolton in trust for the say daughter and pound to  remain in the respondent alderman bolton hand to satisfy the appellant lady  Irwin her demand be what she and her husband have claim for her interest in  the say premise and what be adjudge to be the value thereof in regard she have  only a estate for life after the mortgage be discharge in pursuance of this  agreement the say daughter and the respondent dean Bolton as their trustee by  deed of lease and release bear date the that and that of January in  consideration of pound pay to the say respondent dean Bolton for the use of  the say daughter and of pound to be pay and retain as aforesaid do convey and  assure unto the respondent alderman Bolton and his heir all their estate right  and title in and to the say premise in may the respondent alderman Bolton come  to a account with the governor of the hospital and there then appear to be due  on the mortgage for principal interest and cost pound S d and no more they  have since the alderman purchase receive several sum of money out of the say  promise whereupon the say governor by deed of lease and release date the that  and that of may in consideration of pound S d pay to they by the respondent  alderman Bolton do assign the aforesaid mortgage to one Richard welldone in  trust for the respondent alderman Bolton and by virtue of this assignment the  alderman become possess of all the say mortgage premise which as they be then  let yield about pound per and the premise be at this time in a very ruinous  condition and the expense which the respondent alderman Bolton be constant at  in repair the same amount to very considerable sum so that the yearly income  thereof do not answer the interest of his purchase money and find that no  tenant will improve on the premise and that unless the same be rebuild they  will in a very few year be of little or no value he therefore let part of the  say premise to several tenant for long term of year who be oblige to rebuild  the say house and who accord lie out great sum of money in such rebuilding and  make use of the old material in the new building so that the yearly rend of  the premise by the improvement make thereon be increase to pound per and the  appellant lady Irwin be full acquaint with all these proceed of the respondent  alderman Bolton seem very well satisfy therewith and propose refer her demand  out of the premise to the arbitration of the respondent dean Bolton or any  other disinterest person but she not return into Ireland till June and then  perceive that by the alderman brown management the premise be in a flourish  condition and of a much great value than when he first purchase the same she  and her then husband William Broughton esquire on the that of November exhibit  their bill in the court of chancery in Ireland against the respondent and  other pray to have the possession of the house which be build on the house and  garden particular devise to her and a account of the profit thereof and also  to have the possession of onethird part of the house build on the rest of the  estate pen this suit the say William Broughton die whereupon dame Elizabeth on  the that of September obtain a order to proceed in the cause in her own name  accord on the saint of November the cause be hear before the Lord chancellor  when his lordship be please to order and decree inter alian that the appellant  lady Irwin shall recover from the respondent alderman Bolton the house call  the one tun with the garden stable and appurtenance thereto belong and that so  much of the premise as be let to milburn shall be account for at pound per and  during Milburnes lease and after the expiration thereof that the appellant  shall have during her natural life the rend of the say demise premise then let  by the respondent alderman Bolton and a three part of the rest of the real  estate during her natural life as the same be then let by the respondent  alderman Bolton subject to a five part of the mortgage assign by the blue coat  hospital to the respondent alderman Bolton and that the fine reserve by he  from the tenant shall go towards discharge of the encumbrance the respondent  the alderman apprehend himself aggrieve by some part of this decree intend to  apply for a rehear of the cause but be prevent by brown er p lady irwin enrol  the decree he therefore submit and in the course of about five year he pay  lady Irwin upward of pound in part performance of it but after this  acquiescence and after lady Irwin have marry Mr Banbury they think proper to  appeal r Raymond S Cowper from this decree because it direct that the house  and so much of the premise as be let to milburn shall be account for during  his lease at pound per and whereas he pay pound per and for one part of what  be let to he and pound per and for other part thereof as appear by the proof  in the cause and therefore what be so let to he ought to be account for during  the time of his lease at pound per and that after Milburnes lease the  appellant dame Elizabeth be decree to have during her life only the rend of  the premise as let by the respondent alderman Bolton whereas he purchase the  reversion from the two daughter and afterward take in the mortgage with full  notice of the appellant dame Elizabeth estate for life and so become voluntary  concern he ought not to put her in a worse condition than she will have be  have he not be so concern and thereof over the appellant dame Elizabeth ought  not be conclude for her life interest at a under rend reserve on fine take by  the alderman but ought to brown have possession of the house and garden  particular devise to her with all the improvement thereon or a equivalent for  the same accord to the improve rend thereof and likewise for the material of  the old house that as to the three part of the rest of the estate devise to  the appellant dame Elizabeth she be decree only to the three part of the rend  at present receive though great fine have be take on make the lease and the  reversion thereby undue ease and improve at her charge that these fine which  be chief take out of her estate for life be decree to be apply in satisfaction  of the mortgage and no recompense be decree to her though she ought only to  bear a proportion of that mortgage so that the appellant be unequal charge in  case of the reversion for when the mortgage be pay dame Elizabeth be during  the remainder of her life to have only the rend reserve where such fine have  be take that there be no direction give by the decree that the appellant dame  Elizabeth shall have interest for the money come to her from the respondent  alderman Bolton while the same lie in his hand nor be the consideration of  interest reserve neither be the respondent decree to produce before the master  upon oath all deed write and account in their custody or power which ought to  have be do and without which the account can not be fair take and adjust that  the respondent seek also to have be decree to be examine on interrogatory to  discover what be good fide pay on the mortgage and likewise for clear the  account and other matter in question as there shall be occasion and the rather  because the mortgagee be in receipt of the rend and profit of the premise for  about ten year before the assignment to the respondent alderman Bolton whereby  the mortgage be very near if not full satisfy and the appellant dame Elizabeth  ought to have be decree her cost that the personal estate of dr Loftus ought  to have be in the first place apply towards satisfaction of the mortgage and  what the appellant dame Elizabeth have pay towards the discharge thereof ought  to be reimburse her out of such personal estate or out of the two three belong  to the coheir and therefore it be hope that in these several particular the  decree will be alter and amend to this it be answer t Lutwyche S mead on the  other side that it do not appear by any proof in the cause that milburn pay  pound per and for one part and pound for another but it manifest appear by the  lease that he only pay per and that it be apprehend the appellant lady Irwin  can have no more than the rend of the house during Milburnes lease and if the  respondent alderman Bolton who be assignee of the mortgage have not manage in  the manner beforementioned in let all the mortgage premise to improve tenant  for long term of year the same will not have yield more than the interest of  the mortgage and then lady Irwin can not thereout have receive any thing that  the alderman take no fine out of the premise demise to milburn but what fine  he do take be out of the rest of the real brown estate in which lady Irwin be  only interest as to onethird and therefore her interest can in no respect be  thereby lessen in regard she be to pay onefifth part of the brown er p  mortgage and consequent can only be entitle to onefifth part of the fine that  it be not insist at the hear of the cause that the respondent alderman Bolton  shall pay lady Irwin interest nor do the court see any reason for direct  interest the alderman be always ready to pay what in justice lady Irwin be  entitle to do and do in fact advance and pay her several sum of money before  any become due that all the deed write and account be prove in the cause and  therefore of course must be produce before the master and if there have see  any reason for it this also may have be supply by a motion beside rectify it  upon a motion and as to the examine alderman Bolton upon personal  interrogatory it be not insist upon at the hear but if the court have see any  reason for it this also may have be supply by a motion beside it be prove in  the cause that the alderman pay pound S d to the governor of the hospital  which appear to be then due to they on the mortgage and that the account be  approve of by the daughter and by the respondent the dean as their trustee and  as to cost consider how fair the respondent have act it be not reasonable that  cost shall be decree against they and the rather because the respondent  alderman Bolton stand in the place of a mortgagee as well as a purchaser of  the reversion and since the appellant lady Irwin have enrol the decree  acquiesce under it for five year and receive upward of pound by virtue thereof  and will not under her uncertain estate for life have ever reap any benefit  from the premise in question without the method take by the alderman for the  improvement of they it be hope that the decree will be affirm and the appeal  dismiss with cost 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 and it be further order that the appellant shall pay to the respondent  the sum of pound for their cost in respect of the say appeal jour vol p