by the said decree appointed to the guardians; and that the Court of Chancery should send it back to the Master to retax the costs, the same having been taxed ex parte. Lords Journ. vol. xvi. p. 631.
and
The appellant stated that John Williams, his father, by his will devised to his son William certain lands in Cumdey and Crickhowel, county Brecknock, worth about 24l. per ann. and to his son Henry certain lands in Llangenny, worth about 100l. per ann. and that Henry was importunate to purchase his brother William's interest in the lands in Cumdey and Crickhowel, which William told him he would not sell, not being certain of his title; but Henry replied he knew that, and desired to purchase no more than William had: And that William thereupon agreed to sell to Henry all his interest in said lands for 300l. to be secured by a mortgage from Henry of his lands in Llangenny. And that articles of agreement, dated 12th January, 1682, were drawn up between them by one Thomas Richards, importing merely that William should convey all his right to his lands in Cumdey and Crickhowel to Henry for 300l. and that Henry should mortgage to William all his lands in Llangenny for securing the purchase money; both parts of which agreement were examined and compared, and were executed reciprocally by Henry and William; and in William's counterpart, the latter part thereof was written by Henry himself, and mutual bonds in 500l. penalty given for performance of them, and William expressly covenanted only against persons claiming under himself; and Henry afterwards gave the part of the articles executed by William to an attorney to draw conveyances, and the attorney dissuading him from going on with the purchase, intimating that it was [100] a bad title, Henry replied he knew what he did, and could make his bargain easy by selling his brother William shop goods, Henry being then a mercer in Abergaveny. And accordingly Henry took a conveyance from William of all his interest in the lands in Cumdey and Crickhowel, and mortgaged his lands in Llangenny to William for the purchase money, and paid interest for the said 300l. the purchase money, and entered upon, and received the profits of the purchased estate; and Henry obtained a judgment by surprize on the bond for performance of covenants, and died, and afterwards William exhibited his bill in Chancery against respondent Katherine, his executrix, to be relieved against the judgment, and against the respondent Elizabeth, to foreclose the mortgage; which cause was heard 21st February, 1687, and respondents ordered to pay William the 300l. interest and costs, to be taxed by a Master, or to be foreclosed, and to go to a trial at law, how much they were damnified by breach of any of William's covenants in the articles. And Mr. Pitt, the Master, having reported 564l. 10s. 6d. due to William, and William wanting money, appellant, his brother, supplied him with 300l. and took an assignment of his mortgage. After which respondents exhibited their cross bill against William, to set aside the purchase, on pretence that William had not a good title to the lands he sold. And 17th June, 1696, the causes came to be heard, and one part of the articles sealed by William Williams being produced by respondents, and there appearing therein a clause written with unusual abbreviations, and crowded in between the other lines, being a covenant by William that he had a good title; and there being no such article in the counterpart of the articles sealed by Henry to William, the court were ready to have decreed against the said articles; but, upon the respondent's importunity, directed an issue at law to try if the articles dated the 12th January, 1682, were the
200
