case d hamilton ux versus owner Mohun all Eq can ab pl salk pale yellow Eq Rep  S a b on the marriage of her daughter insist on a bind from the husband to  give her a release within two year after the marriage bind set aside No  difference between such bind and a brokagebond on the marriage of the  plaintiff the duchess the lady Gerrard her mother insist to have a covenant  from the duke in the penalty of pound to give a release within two year two  day vide p wms I bro p c and Reg lib ub begin after marriage the release be of  all account of the mesne profit of the duchess estate lady Gerrard be her  mother and guardian p wms S c the bill which in this case be a bill of revivor  state several other act of imposition or extortion on the part of lady Gerrard  and the earl of Macclesfield the uncle of the duchess as to which the answer  be in many instance evasive but admit that no account have ever be state by  lady Gerrard on the that Jan a decree be make in another branch of this cause  by Lord keeper wright from which decree defendant appeal to the lord and the  decree be reverse and the lord order that the plaintiff shall release to  defendant all right to the personal estate of lady Gerrard and in default of  give such release if your shall sue for any of the demand to be release within  the time limit then their bill to stand absolute dismiss and they be to be  debar from all benefit of the legacy give to they bro p c journ Ho lord vol p  but Mr brown surmise that the condition of their lordship order be not comply  with for in the above cause Lord Cowper set the deed aside as be in the nature  of a marriage brokagebond and order they to be deliver up from which decree  there do not appear to have be any appeal this case come under the head of  extortion or compulsion but in truth be in the nature and reason of marriage  brokagebonds No difference between give a bind for procure a marriage and a  bind to release part of what become due decree for the plaintiff the word of  the decree be whereupon c his lordship conceive that the plaintiff equity do  not arise upon the head of concealment surprise or circumvention for that  although the plaintiff the duke have not a account in particular yet he have a  account in general and be inform how matter stand between the plaintiff the  duchess and her mother the lady Gerrard neither be there want of deliberation  in the duke a circumvention or surprise upon he but he well know what he be do  which appear by his have for some time withstand the demand of the lady  Gerrard but his lordship conceive that the plaintiff be well entitle to the  justice of the court to be relieve upon the head of extortion this case not  only come near but be much strong than the common case of brokerage contract  make with stranger for make or procure of match to be make against which  Vernon chancery case er p this court have always relieve this covenant be make  with the mother and guardian who have the sole care and influence of her  daughter and although by this covenant there be no money actual to be pay to  the mother for make or consent to this match yet that the give a bind or  covenant to remit or forgive a sum of money which be real due and ought to  have be pay or to release a account in general be the Vernon chancery case  same thing in effect as give a bind or covenant for the payment of a sum of  money and that shall contract of such a dangerous nature receive any judicial  allowance of a court of equity it will be direct or approve a way whereby  mother may betray or defraud their child and as where a father have upon the  marriage of a son take a bind from such son for the payment of a sum of money  this court have look upon such bind as obtain by fraud and extortion so this  be a covenant to release a account and execute as a consideration of marriage  be a imposition against which this court ought to give relief and that  therefore the say deed of covenant and the judgement at law obtain thereon  ought to be set aside and satisfaction acknowledge on the record of the say  judgement so as to open the lady Gerrard account of what she any way receive  or possess belong to the plaintiff the duchess or her father real estate and  do order and decree the same accord Reg lib a fol vide p wms S c and on the  doctrine of interference of this court in re pet of bind and engagement in  fraud of marriage Redman v Redman ante Vol gale v Lindo ibidem and case cite  in note there respective