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<CHANGE>
<DATE>2014-09-29</DATE>
<RESPSTMT>
<NAME>Simon Charles</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch Z140312.pdcc.</ITEM>
</CHANGE>
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<EEBO>
<IDG S="marc" R="OX" ID="B17198">
<STC T="W">A3564B</STC>
<STC T="G">1888.c.11[9]</STC>
<BIBNO T="umi">99886780</BIBNO>
<VID>189432</VID>
</IDG><!-- alt.stc G1888.c.11[9] -->
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="appeal">
<PB REF="1" MS="y">
<HEAD>APPEAL from the Chancery of <HI>IRELAND.</HI>
<LIST>
<ITEM><HI>Robert Ma&s;on,</HI> Gent. Appellant.</ITEM>
<ITEM><HI>Thomas Nugent,</HI> commonly called, Earl of <HI>We&s;tmeath,</HI> Re&s;pondent.</ITEM>
</LIST></HEAD>
<HEAD>The Re&s;pondents CASE.</HEAD>
<DIV2 TYPE="part">
<P>THAT <HI>Richard</HI> Earl of <HI>Westmeath,</HI> (the Re&s;pondents Grandfather) in 1682. Borrowed 1500 <HI>l.</HI> of Sir <HI>John Parker,</HI> at 10 <HI>l. per Cent.</HI> on Security of the Lands of <HI>Clonine, &amp;c.</HI> in <HI>We&s;tmeath,</HI> (the Antient Seat of the Family) Lett in 1685. at 110 <HI>l.</HI> a year, clear of all Re|prizes, and on Security of Lands in the County of <HI>Ro&s;common,</HI> Lett at the time of the Mortgage to <HI>Nicholas Mahon</HI> E&s;q; at 210 <HI>l.</HI> a year, clear al&s;o of Reprizes.</P>
<P>That the Intere&s;t was paid to <HI>November</HI> 1688. when the Revolution happened.</P>
<P>That after His Maje&s;ty's Victory at the <HI>Boyne,</HI> Sir <HI>John</HI> entred on the <HI>We&s;tmeath</HI> E&s;tate, and after <HI>Athlone</HI> was taken, on the <HI>Ro&s;common</HI> E&s;tate, and Lett it at a &s;mall Rent, tho' <HI>Mahon</HI>'s Lea&s;e was in being, and he, or tho&s;e deriving under him, well able to hold the &s;ame.</P>
<P>That after <HI>Limerick</HI> was Reduced, (the Re&s;pondent being within the Articles) applied to Sir <HI>John Parker</HI> for time for the Payment of his Money, it being impo&s;&s;ible at that Juncture to get any, and that the E&s;tate in the mean time might be Let to the be&s;t Advantage.</P>
<P><NOTE PLACE="marg">Michaelmas Term 1691.</NOTE> But Sir <HI>John</HI> did in <HI>Michaelmas</HI> Term 1691. Exhibit a Bill in <HI>Chancery</HI> again&s;t the Re&s;pondent to Foreclo&s;e him, and Sir <HI>John Parker</HI>'s Debt, Intere&s;t and Co&s;ts was &s;ettled and increa&s;ed from 1500 <HI>l.</HI> to 1945 <HI>l.</HI> 13 <HI>s.</HI> 7 <HI>d.</HI> &frac12; <HI>q.</HI> notwith&s;tanding he was in Po&s;&s;e&s;&s;ion of the whole E&s;tate, which was of more then double the Value of the Intere&s;t.</P>
<P><NOTE PLACE="marg">Febr. 9. 1694.</NOTE> The Re&s;pondent was Decreed to pay the &s;aid 1945 <HI>l.</HI> 13 <HI>s.</HI> 7 <HI>d.</HI> &frac12; <HI>q.</HI> on the Fir&s;t of <HI>Michaelmas</HI> Term following, or be Foreclo&s;ed.</P>
<P>But the Re&s;pondent di&s;covering, that Sir <HI>John Parker</HI> (tho' a Mortgagee only) had &s;ettled the Premi&s;&s;es on his Marriage, whereby it could not be A&s;&s;igned to any Per&s;on that would Lend the Money, informed the Court thereof.</P>
<P><NOTE PLACE="marg">April 29. 1695.</NOTE> Who thereupon Ordered Sir <HI>John</HI> &s;hould procure all Per&s;ons Intere&s;ted to joyn in the A&s;&s;igning and Enlarged the time for paying the Money, to <HI>Hillary</HI> Term following.</P>
<P>That by two Orders of the 12th and 17th of <HI>Augu&s;t</HI> 1695. Sir <HI>Edward Abney</HI> (the Per&s;on Intere&s;ted as Sir <HI>John</HI> Alledged) was Ordered to A&s;&s;ign to Mr. <HI>Warburton</HI> and Mr. <HI>Ludlow</HI> the two Senior Six Clerks.</P>
<P><NOTE PLACE="marg">Feb. 11. 1695. Time Enlarg'd to March 25. 1696.</NOTE> Upon Application to the Court by the Re&s;pondent for further time, and Sir <HI>Thomas Packenham</HI> a Gentleman of a good E&s;tate then pre&s;ent, offering to take a Lea&s;e of the Mortgaged E&s;tate at 300 <HI>l.</HI> a year; It was Ordered at the De&s;ire of Sir <HI>John Parker</HI>'s Council, that a Ma&s;ter in <HI>Chan|cery</HI> &s;hould receive Propo&s;als to Sell the E&s;tate to the be&s;t Bidder, and the Overplus of the Purcha&s;e Money to be paid to the Re&s;pondent, but the time to Redeem was Enlarged only to the 25th of <HI>March</HI> following.</P>
<P><NOTE PLACE="marg">April 3. 1696.</NOTE> But the Appellant in the Name of Sir <HI>John Parker,</HI> without mentioning the Order of the 11th of <HI>February,</HI> and without Notice to the Re&s;pon|dent, did on the 3d of <HI>April,</HI> by Retition to the Lord Chancellor, Alledge that the Money was not paid the 25th of <HI>March</HI> before, whereby Sir <HI>John</HI>'s E&s;tate became ab&s;olute, and that the &s;aid E&s;tate was in the two Six Clerks by Sir <HI>Edward Abney</HI>'s A&s;&s;ignment, and that he had Agreed for the Purcha&s;e of the E&s;tate with the Appellant, and therefore prayed that the Six Clerks might A&s;&s;ign to him, which was Ordered.</P>
<P><NOTE PLACE="marg">April 2, 3. 1696.</NOTE> And they by Lea&s;e and Relea&s;e, the 2d and 3d of the &s;ame <HI>April,</HI> in Con&s;ideration of 1945 <HI>l.</HI> 13 <HI>s.</HI> 7 <HI>d.</HI> &frac12; <HI>q.</HI> pretended then to be paid by the Appellant to Sir <HI>John</HI> for Principal, Intere&s;t and Co&s;ts, Conveyed the Premi&s;&s;es to the Appellant and his Heirs.</P>
<P><NOTE PLACE="marg">May 9. 1696.</NOTE> The Re&s;pondent knowing nothing thereof, and having provided the Money on the 9th of <HI>May</HI> following, moved the Lord Chancellor in open Court, that Sir <HI>John Parker</HI> might receive his Money, but the Appellants Council (to the Re&s;pondents great &s;urprize) informed the Court, that Sir <HI>John</HI> and the Six Clerks had Conveyed the Premi&s;&s;es to the Appellant.</P>
<P><NOTE PLACE="marg">July 9. 1696.</NOTE> Then the Re&s;pondent Petitioned the Lord Chancellor, That the Appellant might receive his Money and A&s;&s;ign; But the Lord Chancellor de|clared, in regard the Appellant was no Party in Court, he could make no Order, but the Re&s;pondent might bring his Bill.</P>
<P><NOTE PLACE="marg">Decemb. 5. 1696.</NOTE> The Re&s;pondent Exhibited his Bill again&s;t the Appellant, praying he might di&s;cover his Title, for what Con&s;ideration, and when paid, and to Compel him to receive his Money; whereto he pleaded, <HI>That the Re&s;pondent by not finding a Purcha&s;er, nor paying the Money on the</HI> 25th <HI>day of</HI> March 1696. <HI>was Foreclo&s;ed, and that the Decree was Signed and Inrolled, and that Sir</HI> John Parker <HI>being Seized of the Premi&s;&s;es of an ab&s;olute E&s;tate of Inheritance, and having Occa&s;ion for Money propo&s;ed to Sell the &s;ame to the Appellant, and he Agreed to give him</HI> 1945 l. 13 s. 7 d. &frac12; q. <HI>for the Pur|cha&s;e thereof: And thereupon the Petition was preferred by Sir</HI> John, <HI>on which the Order of the</HI> 3d <HI>of</HI> April 1696. <HI>was made, and that he Relied on the &s;aid Conveyances, and that he was a Purcha&s;er under the Decree of the Court.</HI></P>
<P><NOTE PLACE="marg">Nov. 19. 1697.</NOTE> The Lord Chancellor, upon Arguing the Plea, ordered the Appellant to An&s;wer, but the Benefit of the Plea was re&s;erved to the Hearing.</P>
<P>That the Re&s;pondent in <HI>January</HI> 1697. being Informed of &s;ome ill Practices of the Appellant relating to the Premi&s;&s;es, immediately Exhibited a Supplemental Bill for the Di&s;covery thereof.</P>
<P><NOTE PLACE="marg"><P><TABLE>
<ROW>
<CELL>For News due to him&s;elf&punc;</CELL>
<CELL>11</CELL>
<CELL>15</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>paid Mr. <HI>Jen|kins,</HI></CELL>
<CELL>2</CELL>
<CELL>6</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>To Sir <HI>Johns</HI> Order,</CELL>
<CELL>4</CELL>
<CELL>16</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>More,</CELL>
<CELL>2</CELL>
<CELL>9</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>More,</CELL>
<CELL><GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"></CELL>
<CELL><GAP DESC="illegible" RESP="OXF" EXTENT="1 letter"></CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>More,</CELL>
<CELL><GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"></CELL>
<CELL><GAP DESC="illegible" RESP="OXF" EXTENT="1 letter"></CELL>
<CELL><GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"></CELL>
</ROW>
<ROW>
<CELL>More,</CELL>
<CELL>3</CELL>
<CELL>15</CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>More,</CELL>
<CELL><GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"></CELL>
<CELL><GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"></CELL>
<CELL>0</CELL>
</ROW>
<ROW>
<CELL>More,</CELL>
<CELL><GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"></CELL>
<CELL>0</CELL>
<CELL>0</CELL>
</ROW>
</TABLE> Be&s;ides many other &s;mall Payments.</P></NOTE> Whereto the Appellant An&s;wered and Confe&s;&s;ed, <HI>That in</HI> February 1694. <HI>he Agreed with Sir</HI> John Parker <HI>for the Purcha&s;e of the Premi&s;&s;es, and then paid him</HI> 500 l. <HI>in part, and &s;ecured the Re&s;t, and thereupon by Lea&s;e and Relea&s;e, dated the</HI> 18th <HI>and</HI> 19th <HI>of</HI> February 1694. <HI>Sir</HI> John <HI>Con|veyed all his Intere&s;t to him, and his Heirs; and that he then Executed a Defezance, whereby he was to Convey the Premi&s;&s;es to the Re&s;pondent, in Ca&s;e he &s;hould pay the Money at the day appointed, being the fir&s;t of</HI> Michaelmas Term, and In&s;i&s;ted that mo&s;t part of the &s;aid 500 <HI>l.</HI> was paid in Guineas at 1 <HI>l.</HI> 3 <HI>s.</HI> And that the re&s;t of the Money he paid Sir <HI>John</HI> is contained in the Schedule annex'd to his An&s;wer; and thereby it appears, that 600 <HI>l.</HI> of the Purcha&s;e Money was paid after Sir <HI>John</HI>'s Death, and mo&s;t of the re&s;t is in very &s;mall Payments, And the Appellant further In&s;i&s;ted on the difficulty of receiving his Money now it has ri&s;en; And the Damage he &s;hould receive by the lo&s;s of his Improvements that he made on the Premi&s;&s;es &s;ince his Purcha&s;e.</P>
<P><NOTE PLACE="marg">Nov. 14, 15, and 17. 1699.</NOTE> That the Cau&s;e came on to be heard on the 14th and 15th of <HI>November</HI> 1699. and the Lord Chancellor having duly Con&s;ider'd the whole Matter, on the 17th of the &s;ame month, did Decree, That the Re&s;pondent &s;hould Redeem, paying the Appellant all the Money Decreed to the &s;aid Sir <HI>John Parker,</HI> with Intere&s;t at 10 <HI>l. per Cent.</HI> in three Months, together with Satisfaction for his Improvements, before the Filing the Re&s;pon|dents Bill; and al&s;o an Allowance for the Money he paid Sir <HI>John</HI> at the Value he paid it; all which the Ma&s;ter was to A&s;certain.</P>
<P>From which Decree Mr. <HI>Ma&s;on</HI> hath brought an Appeal, in&s;i&s;ting, That it is Erroneous, for that he is a Purcha&s;er under the Decree of the Court, which is Signed and Inrolled.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Which Decree the Re&s;pondent is Advi&s;ed is Agreeable to Equity.</HEAD>
<LIST>
<ITEM>I. For that the Lands appeared by the Ma&s;ters Report in the Cau&s;e between Sir <HI>John Parker</HI> and the Re&s;pondent to be worth 320 <HI>l.</HI> a year before the Troubles, and the Intere&s;t punctually paid till <HI>November</HI> 1688. and is now worth 450 <HI>l.</HI> a year; &s;o that the Mortgaged Lands, is and was of much more Value than the Money due theron at the pretended Foreclo&s;ure.</ITEM>
<ITEM>II. That the time given for Payment of the Money was far too &s;hort Con&s;idering the then Difficulties of rai&s;ing Money, being little more than a year.</ITEM>
<ITEM>III. And for that the Order of the 3d of <HI>April</HI> 1696. was procured by &s;urprize on the Court, and without any Notice to the Re&s;pondent, <GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"> the Appellant owns in his An&s;wer.</ITEM>
<ITEM>IV. That the Signing and Inrolling of the Decree wherein Sir <HI>John Parker</HI> was Plaintiff, cannot prejudice the Re&s;pondent, &s;eeing the Order of the 11th of <HI>February</HI> for Enlarging the time to the 25th of <HI>March</HI> 1696. is not Inrolled to this day, but left out, as the Re&s;pondent conceives, on purpo&s;e by the Appellant, that the Order for Sale might not Appear; and had it appeared when the Order of the 3d of <HI>April</HI> was made, the then Lord Chancellor could not have Directed the &s;aid A&s;&s;ignment from the &s;aid Six Clerks to the Appellant without manife&s;t Inju&s;tice, the Appellant having no Certificate from the Ma&s;ter that he had allowed the Appellant to be the be&s;t Purcha&s;er, which ought to have been, and is always practi&s;ed in like Ca&s;es.</ITEM>
<ITEM>V. For that the Appellant cannot be Deemed a Purcha&s;er under the Oder of the 3d of <HI>April</HI> 1696. having Purcha&s;ed the Premi&s;&s;es long before on the 18th and 19th of <HI>February</HI> 1694. notwith&s;tanding the Fal&s;e Affirmations of his Plea, and his ill Practices to Conceal the time and manner of his Purcha&s;e, which were great Inducements as the Re&s;pondent conceives, for pronouncing the Decree Appealed from.</ITEM>
<ITEM>VI. That in ca&s;e the Appellant &s;hould prevail, he will have the value of 7000 <HI>l.</HI> worth of Lands and upwards, (being the greate&s;t part of the Re&s;pondents and his Families &s;upport) for 1945 <HI>l.</HI> 13 <HI>s.</HI> 7 <HI>d.</HI> &frac12; <HI>q.</HI> by the Re&s;pondents not paying the Money the 25th of <HI>March</HI> 1696. tho' it was ready and Tendred on the 9th of <HI>May</HI> following.</ITEM>
</LIST>
<P>Wherefore the Re&s;pondent humbly hopes your Lord&s;hips will be plea&s;ed to Affirm the Decree Appealed from, and give him his Co&s;ts.</P>
</DIV2>
<CLOSER><SIGNED>Tho. Filmer.</SIGNED></CLOSER>
</DIV1>
</BODY>
<BACK>
<DIV1 TYPE="half title">
<PB REF="2">
<P>APPEAL from <HI>IRELAND.</HI></P>
<LIST>
<ITEM><HI>Robert Ma&s;on,</HI> Appellant.</ITEM>
<ITEM><HI>Thomas Nugent,</HI> commonly called Earl of <HI>We&s;tmeath,</HI> Re&s;pondent.</ITEM>
</LIST>
<P><HI>The Re&s;pondents CASE.</HI></P>
<P>To be Heard on Tue&s;day the 12th of <HI>March,</HI> 1699.</P>
<PB REF="2">
</DIV1>
</BACK>
</TEXT>
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