APPEAL from the Chancery of IRELAND. 

Robert Mason, Gent. Appellant.  
Thomas Nugent, commonly called, Earl of Westmeath, Respondent.    
The Respondents CASE.  

THAT Richard Earl of Westmeath,( the Respondents Grandfather) in 1682. Borrowed 1500 l. of Sir John Parker, at 10 l. per Cent. on Security of the Lands of Clonine, &c. in Westmeath,( the ancient Seat of the Family) let in 1685. at 110 l. a year, clear of all Reprizes, and on Security of Lands in the County of Roscommon, let at the time of the Mortgage to Nicholas Mahon Esq; at 210 l. a year, clear also of Reprizes.  
That the Interest was paid to November 1688. when the Revolution happened.  
That after His Majesty's Victory at the Boyne, Sir John entred on the Westmeath Estate, and after Athlone was taken, on the Roscommon Estate, and let it at a small Rent, tho' Mahon's Lease was in being, and he, or those deriving under him, well able to hold the same.  
That after Limerick was Reduced,( the Respondent being within the Articles) applied to Sir John Parker for time for the Payment of his Money, it being impossible at that Juncture to get any, and that the Estate in the mean time might be Let to the best Advantage.  

Michaelmas Term 1691.  But Sir John did in Michaelmas Term 1691. Exhibit a Bill in Chancery against the Respondent to Foreclose him, and Sir John Parker's Debt, Interest and Costs was settled and increased from 1500 l. to 1945 l. 13 s. 7 d. ½ q. notwithstanding he was in Possession of the whole Estate, which was of more then double the Value of the Interest.  

Febr. 9. 1694.  The Respondent was Decreed to pay the said 1945 l. 13 s. 7 d. ½ q. on the First of Michaelmas Term following, or be Foreclosed.  
But the Respondent discovering, that Sir John Parker( tho' a Mortgagee only) had settled the premises on his Marriage, whereby it could not be Assigned to any Person that would Lend the Money, informed the Court thereof.  

April 29. 1695.  Who thereupon Ordered Sir John should procure all Persons Interested to join in the Assigning and Enlarged the time for paying the Money, to hilary Term following.  
That by two Orders of the 12th and 17th of August 1695. Sir Edward Abney( the Person Interested as Sir John alleged) was Ordered to Assign to Mr. Warburton and Mr. Ludlow the two signior Six Clerks.  

Feb. 11. 1695. Time enlarged to March 25. 1696.  Upon Application to the Court by the Respondent for further time, and Sir Thomas Packenham a Gentleman of a good Estate then present, offering to take a Lease of the mortgage Estate at 300 l. a year; It was Ordered at the Desire of Sir John Parker's Council, that a Master in Chancery should receive Proposals to Sell the Estate to the best Bidder, and the Overplus of the Purchase Money to be paid to the Respondent, but the time to Redeem was Enlarged only to the 25th of March following.  

April 3. 1696.  But the Appellant in the Name of Sir John Parker, without mentioning the Order of the 11th of February, and without Notice to the Respondent, did on the 3d of April, by Retition to the Lord Chancellor, allege that the Money was not paid the 25th of March before, whereby Sir John's Estate became absolute, and that the said Estate was in the two Six Clerks by Sir Edward Abney's Assignment, and that he had Agreed for the Purchase of the Estate with the Appellant, and therefore prayed that the Six Clerks might Assign to him, which was Ordered.  

April 2, 3. 1696.  And they by Lease and Release, the 2d and 3d of the same April, in Consideration of 1945 l. 13 s. 7 d. ½ q. pretended then to be paid by the Appellant to Sir John for Principal, Interest and Costs, Conveyed the premises to the Appellant and his Heirs.  

May 9. 1696.  The Respondent knowing nothing thereof, and having provided the Money on the 9th of May following, moved the Lord Chancellor in open Court, that Sir John Parker might receive his Money, but the Appellants Council( to the Respondents great surprise) informed the Court, that Sir John and the Six Clerks had Conveyed the premises to the Appellant.  

July 9. 1696.  Then the Respondent Petitioned the Lord Chancellor, That the Appellant might receive his Money and Assign; But the Lord Chancellor declared, in regard the Appellant was no Party in Court, he could make no Order, but the Respondent might bring his Bill.  

Decemb. 5. 1696.  The Respondent Exhibited his Bill against the Appellant, praying he might discover his Title, for what Consideration, and when paid, and to Compel him to receive his Money; whereto he pleaded, That the Respondent by not finding a Purchaser, nor paying the Money on the 25th day of March 1696. was Foreclosed, and that the Decree was Signed and enrolled, and that Sir John Parker being Seized of the premises of an absolute Estate of Inheritance, and having Occasion for Money proposed to Sell the same to the Appellant, and he Agreed to give him 1945 l. 13 s. 7 d. ½ q. for the Purchase thereof: And thereupon the Petition was preferred by Sir John, on which the Order of the 3d of April 1696. was made, and that he Relied on the said Conveyances, and that he was a Purchaser under the Decree of the Court.  

Nov. 19. 1697.  The Lord Chancellor, upon Arguing the Plea, ordered the Appellant to Answer, but the Benefit of the Plea was reserved to the Hearing.  
That the Respondent in January 1697. being Informed of some ill Practices of the Appellant relating to the premises, immediately Exhibited a Supplemental Bill for the Discovery thereof.  


For News due to himself▪ 11 15 0 paid Mr. Jenkins, 2 6 0 To Sir Johns Order, 4 16 0 More, 2 9 0 More, ●… ● 0 More, ●… ● ●… More, 3 15 0 More, ●… ●… 0 More, ●… 0 0 Besides many other small Payments.   Whereto the Appellant Answered and Confessed, That in February 1694. he Agreed with Sir John Parker for the Purchase of the premises, and then paid him 500 l. in part, and secured the Rest, and thereupon by Lease and Release, dated the 18th and 19th of February 1694. Sir John Conveyed all his Interest to him, and his Heirs; and that he then Executed a Defezance, whereby he was to Convey the premises to the Respondent, in Case he should pay the Money at the day appointed, being the first of Michaelmas Term, and Insisted that most part of the said 500 l. was paid in Guineas at 1 l. 3 s. And that the rest of the Money he paid Sir John is contained in the Schedule annexed to his Answer; and thereby it appears, that 600 l. of the Purchase Money was paid after Sir John's Death, and most of the rest is in very small Payments, And the Appellant further Insisted on the difficulty of receiving his Money now it has risen; And the Damage he should receive by the loss of his Improvements that he made on the premises since his Purchase.  

Nov. 14, 15, and 17. 1699.  That the Cause came on to be heard on the 14th and 15th of November 1699. and the Lord Chancellor having duly considered the whole Matter, on the 17th of the same month, did Decree, That the Respondent should Redeem, paying the Appellant all the Money Decreed to the said Sir John Parker, with Interest at 10 l. per Cent. in three Months, together with Satisfaction for his Improvements, before the Filing the Respondents Bill; and also an Allowance for the Money he paid Sir John at the Value he paid it; all which the Master was to Ascertain.  
From which Decree Mr. Mason hath brought an Appeal, insisting, That it is Erroneous, for that he is a Purchaser under the Decree of the Court, which is Signed and enrolled.   

Which Decree the Respondent is Advised is Agreeable to Equity.  

I. For that the Lands appeared by the Masters Report in the Cause between Sir John Parker and the Respondent to be worth 320 l. a year before the Troubles, and the Interest punctually paid till November 1688. and is now worth 450 l. a year; so that the mortgage Lands, is and was of much more Value than the Money due thereon at the pretended Foreclosure.  
II. That the time given for Payment of the Money was far too short Considering the then Difficulties of raising Money, being little more than a year.  
III. And for that the Order of the 3d of April 1696. was procured by surprise on the Court, and without any Notice to the Respondent, ●… the Appellant owns in his Answer.  
IV. That the Signing and enrolling of the Decree wherein Sir John Parker was Plaintiff, cannot prejudice the Respondent, seeing the Order of the 11th of February for Enlarging the time to the 25th of March 1696. is not enrolled to this day, but left out, as the Respondent conceives, on purpose by the Appellant, that the Order for Sale might not Appear; and had it appeared when the Order of the 3d of April was made, the then Lord Chancellor could not have Directed the said Assignment from the said Six Clerks to the Appellant without manifest Injustice, the Appellant having no Certificate from the Master that he had allowed the Appellant to be the best Purchaser, which ought to have been, and is always practised in like Cases.  
V. For that the Appellant cannot be Deemed a Purchaser under the other of the 3d of April 1696. having Purchased the premises long before on the 18th and 19th of February 1694. notwithstanding the False Affirmations of his Plea, and his ill Practices to Conceal the time and manner of his Purchase, which were great Inducements as the Respondent conceives, for pronouncing the Decree Appealed from.  
VI. That in case the Appellant should prevail, he will have the value of 7000 l. worth of Lands and upwards,( being the greatest part of the Respondents and his Families support) for 1945 l. 13 s. 7 d. ½ q. by the Respondents not paying the Money the 25th of March 1696. tho' it was ready and tendered on the 9th of May following.   
Wherefore the Respondent humbly hopes your Lordships will be pleased to Affirm the Decree Appealed from, and give him his Costs.   
Tho. Filmer.   

APPEAL from IRELAND.  

Robert Mason, Appellant.  
Thomas Nugent, commonly called Earl of Westmeath, Respondent.   
The Respondents CASE.  
To be Heard on Tuesday the 12th of March, 1699.