of said premisses for the time past, and that the goods of said Mr. Cary shall go and remain according to the directions of his will. And that so much and such part of said order of dismission of the appellants bill, and of the said decree on behalf of said Lord Falkland, as is contrary to or inconsistent with this judgment, shall be and is hereby reversed. Lord's Journ, vol. xvi. 230. 236. 237. 238. 240. 241.
[Mew's Dig. vii. 426.]
Appellant was intitled to the lands in question (copyhold) worth 120l. per ann. as heir to her father William Bevan, who had mortgaged part for 160l. and she and her last husband Lloyd had since made five several mortgages for 630l. which, with interest, amounted to about 800l. and she stated that her said husband had been, unknown to her, supplied with small sums on excessive brokerage by Robert Tym; who, with her husband, often pressed her to take up 1000l. on her estate from respondent Cardrow at 5 per cent. on pretence to pay off the mortgages which were at 6 per cent. and appellant consented, if the mortgages should be paid off. Cardrow, who knew of the mortgages, and that the estate was her's, agreed to lend the money. Tym inspected the title, and she and her husband sur-[15]-rendered to Cardrow in fee; her husband having previously promised in writing that the 800l. should be paid to her to discharge the mortgages; but Cardrow, after nine months treaty, objected to the title, and broke off, having got 20 guineas for his money being useless. And then Lloyd and Tym pretended that Tym would lend the 1000l. and pressed her to join in a security, which she agreed to, on being promised 800l. to pay off the mortgages; and they privately prepared a lease for 99 years to Tym, for securing the money, with a covenant to surrender to him in fee; and sent for her to a tavern, and there pressed her to execute it, which, (seeing no money) she refused; but afterwards, by menace and persuasion that the 800l. should be paid her, executed the lease, and also a receipt for the 1000l. and at this time the whole money due to Tym was alleged to be but 450l. but afterwards, as alleged, he lent Lloyd more money; and, by their accounts, Tym's debt increased to 767l. 10s. 8d. being principally procuration and continuance money. She soon after called on Tym for the 800l. which he refused to give her any part of; but Lloyd and he prevailed on Cardrow, who knew himself to be her trustee, to declare the surrender to him in trust for Tym, without her privity, though he, Cardrow, knew of those practices, and had before executed a letter of attorney to surrender to appellant and her husband, and to her heirs; and which letter of attorney Tym or Lloyd afterwards got. And the husband further prevailed on appellants two daughters, unknown to her, to become bound with him for 140l. to be procured by Tym, (who paid only 50l.) When appellant knew it, she pressed him to disengage them, he refused unless she joined to secure the 140l. to Tym; she consented: and they had her to a tavern, where she signed an indorsement on the lease, persuaded it was to secure the 140l. to Tym; but afterwards discovered it was to declare that the premisses should stand charged with the 1000l. and with 254l. 13s. 2d. pretended to be due on a further account from her husband to Tym; and the husband died in about two months after, and Tym (Hill, 1691.) brought an ejectment in Cardrow's name, and got into possession, and soon after died, and the respondent since had the possession. And as soon as appellant discovered these frauds, she preferred her bill in Chancery, and respondent fled a cross bill; and in May, 1694, the causes were heard before the Master of the Rolls, who [16] declared it the grossest fraud ever brought before the Court; but could not relieve, as appellant had signed the indorsement; but decreed an account, and appellant to pay respondent so much only of the 1000l. and 254l. 13s. 4d. as Tym really paid Lloyd, with interest on each payment, and that the premisses should be charged therewith; and upon payment.
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