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T113 CASE of Mary Howard,

Reliéi of HENRY" HOWARD Efqp; Refpordent to the Appeal of
Sir 7 0 H N E D W A R D S, Appealant.  

 HAT the {aid Mr. Howard, the Refpondenfs late Husband, according to a Marriage-Agreement,
 did in 166 9, and 1670. fettle feveral Lands (whereof the Premifes in quefiion are part) on the
   Refpondent, Mary his Wife, for her Life, for her joynture: and afterwards, in 167 5 he died 5
 whereupon {he ought to have been let into her joynture. »

But Sir john’ Edward: ( formerly an Attorney at Law ) having drawn Mr. Howardinto a Mortgage of part
of the (aid Mar}/s Joynture, he pretended it was an abfolute Purchafe, and fo would Defeat her of the Bene-
ﬁt of fo much of her joynture : whereupon {he preferred her Bill in Chancery againli the Appealant, to be
admitted toa Redemption, and to be let in to enjoy her Joynture.

The Appealant, Sir john Edwardr, by his Al1fW€l‘,lﬂﬁll€d, That his Eﬁate, in the Pyemifcs was an abfolute
Purchafe 5 and fo he inlifted, the {aid Mary wasnot intitled.

, .- But, upon two Solemn Hearings,the Court of Chancery relieved the Refpondeut Mar}, and Decreed her i

» to enjoy,paying the Apealant his Principal Money, Intereft, and Colis.

hat it wasa Mortgage onely,and not a Purchafe, plainly appears, for that Mr. Powel took a Conveyance
  of the Lands in Qleﬁion, together with other Lands, and gave a Note under hisihand to Mr. Howard, That
if Mr. Howard, at the ‘years end, paid to Powel the Money and Intereli,and Charges of the Allurance, he would 1
_ Re-convey to Mr. Howard and his Heirs, all the Premifes convey’d to him, Free from all Incumbrances done  
by him.5 towhieh Note, Sirj‘o/an Edward: was a Witnefs, and it was fealed in his prefence. —  
That Powel having made fuch Agreement, and given fuch Note, would not convey the Premifes, pretend-

. ed to be purchafed by Edwardr, to him the faid Edwardr, without Security to lave him harmlefsin refpeﬂ:
thereof, and accordingly Sir jo/on Edward: gave Security to fave him hartnlels .- And thereupon Powel con-
veyeg] to him, Sir jo/on Edward: giving Powel a Note to fubjeét thole Premifes to the Note Powel had given
Mr. oward.

That the Premifes in Qgeliion are 6 5 1. per Amzzmz-, and fo cannot be imagined to be fold for I 92 I. And
in cafe it was not intended that Mr. Howard {hould Redecm,it wasa Contrivance between Powele and Edwards
to over-reach him; but he depended upon it, that the whole was redeemable.

And accordingly Mr. Howard, in his Life-time, exhibited a Bill againﬂ both Powel and Edwards to redeem
the whole : But, by Contrivance of Eawardr, that Bill was afterwards difmiﬂed, and a Bill exhibited againfl:

. Powel alone. Upon which, upon reading the laid Note, Mr. Howard had a Decree to‘ redeem the Premifes,
claimed by Powel,,npo_n payment of Principal, Intereli and Colts, and the fame was redeemed accordingly. In
which Decree was a Salvo of Mr. Howard’s Right to redeem the Lands claimed by Edwardr.

That the Note given by Edward; to Powcl to fubjeét the Premifes claimed by Edwardr, to the Note given
by Powel, was between Powel and Edward: lhppreﬂed, and afterwards a Bond given byEdward.r to indemp.
niﬁe Powel in refpeéi of Powel’s Conveyance to him, which was avery ill thing to filpprefs the Note. And it _
cannot be prefumed but the Note was full agaiufi 'Edwﬁ.c, elfe why was it fuppreﬂed .3

And Powel refufed at ﬁrli to‘ Convey to Edzrardr, in re peét of the Agreement with Mr. Howard to redeem,

‘till Edward: gave him the faid Note, and Security for his Indem nity.  
And thereupon the Court of Chancery decreed the faid Edwardfs Efiate to be but a Mortgage, and that

the {aid .Mar} Howard fhould redeem it , upon paying Edward: his Principal, lntereft. and Cofis, andtha§:‘x..-.¢—--..-
.  upon fuch Payment, he fhould re-convey ﬂee oflncumbrances.

But he being an Attorney, and loth to part with a good Bargain, was unlatisﬁed‘ with one Hearing, and

thereupon procured another, where, upon long and ferious Debates, and conﬁderation of the Matter again,
the Decreewas conﬁrmed. r I ' 

And upon the Account there ‘is reported due to him 460 l. (he having raifed t e oney by Building, and
otherwife clog ing the Eliate with Intereli and (lofts to that Sum) and yet award is willing to pay

him that Snm or the Efiate ( which he paid but 1921. for) and to expeéi: the fatisfaéiion thereof, with In-
tereft, to her Executors after her Death. B

And {he hath tendredoit to him upon the.day the Court of Chancery appointed it to be paid him, buthe
that very day brought hlS Appeal a gamfl the ﬁnd Decree, and refuted to take the Money.

  

‘A \‘..AA—._

    
  
   

But the Ref pondent hopes, after all this great Vexation and Trouble {he has had already by the Ap-
pea1ant’s griping to keep an Ell-are againfi Confcience, when he may have what is juftly and ho-
nelily due to him, and ~alfo his Colts, which (he having denyed a Redemption) he ought not

to have had, that this moll honourable I-loufe will difrnifs the faid Appeal, and award good Cofts
againft him for this great Charge he hath put her to. ‘

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01 0-0072421 47