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a party thereto who, on the 14th of March 1716, put in his answer, and thereby said he believed, that Sir John Wroth his grandfather, or Sir John his father, did not sell, or otherwise convey the premises to Brewster; and hoped, if any right of redemption of the mortgage remained in him, it should be preserved to him both as to the premises and the timber felled.

After this answer was put in, the appellant did not think fit to proceed any further in his cause, till after the death of the said John Brett Fisher; who died without issue on the 14th of November 1732.

In Easter term 1733, the appellant exhibited a bill of revivor and supplement, against the respondents, and Stephen Beckingham, sen. as the surviving executor of Sir Edward Brett's will, and Stephen Beckingham, jun. his son; and also against Thomas Troyte and Dame Cecilia his wife, and Thomas Palmer and Elizabeth his wife, the said Cecilia and Elizabeth being the heirs at law of [144] Sir Thomas Wroth; thereby praying to be let into possession of the premises, and that such of the defendants in whom the 1000 years term was vested, might assign the same to the appellant and that such of them, in whom the legal estate in the inheritance was vested, might convey the inheritance to the appellant; and that the former decrees might be revived, and the appellant have the benefit thereof.

To this bill, the respondent Jacob Sawbridge put in his answer; and thereby set forth the original mortgage from Sir John Wroth the grandfather, to Francis Hill, and the several assignments thereof before mentioned, and also Sir Edward Brett's will; and after taking notice of the deaths of the said Nathaniel and Edward Fisher, and of their respective wills, and that they died without issue; he stated, that John Brett Fisher, being indebted to the defendant William Newland in £100 by deed poll, dated the 3d of October 1728, assigned the premises to the said Newland, for the remainder of the said term of 1000 years, subject to a proviso for making void the same, on payment of £100 and interest, by the said John Brett Fisher; and that, by an indorsement on the said deed poll, dated the 5th of February 1731, the said Newland, in consideration of £100, assigned the premises to Elizabeth Bainbrigg, subject to the proviso of redemption contained in the said deed poll.—That afterwards, the said William Newland came to an agreement with the said Thomas Troyte and Cecilia his wife, and Thomas Palmer and Elizabeth his, wife, as the coheiresses of the said Sir Thomas Wroth, for the purchase of the reversion and inheritance of the premises, for £125; and thereupon, the said Thomas Troyte and his wife, and Thomas Palmer and his wife, in consideration of £125 to them paid by the said William Newland, levied a fine of the premises to George Thompson and his heirs; and by indenture, dated the 7th of March 1731, between the said Thomas Troyte and Cecilia his wife, and Thomas Palmer and Elizabeth his wife of the one part, and the said George Thompson of the other part; the said fine was declared to be to the use of the said George Thompson and his heirs, whose name was used in the said conveyance in trust for the said Willian Newland.—That by indenture tripartite, dated the 19th of August 1732, between the said Elizabeth Bainbrigg of the first part, the said John Brett Fisher of the second part, and John White of the third part, in consideration of £100 paid to Elizabeth Bainbrigg, and £250 paid to the said John Brett Fisher, the said Elizabeth Bainbrigg, by his direction, and also the said John Brett Fisher, assigned the premises to the said John White, his executors, etc. for the residue of the term of 1000 years, subject to redemption, on payment by the said John Brett Fisher of £367 10s. to the said John White; whose name was used therein, in trust for the respondent Jacob Sawbridge.—And that afterwards, by indentures of lease and release, dated the 18th and 19th of August 1732, in consideration of £150 therein mentioned to be paid by the respondent Jacob Sawbridge [145] to the said George Thompson, (but which was really paid to the said William Newland,) the said George Thompson, by the direction of Newland, conveyed the said premises to the respondent Jacob Sawbridge and his heirs. And the respondent Sawbridge further set forth, by his said answer, that the said John. Brett Fisher died about the 4th of November 1732; and that before his death he made his will, and thereby devised the premises, and all other his real and personal estate, to the respondent Jacob Sawbridge, his heirs, executors, administrators, and assigns, and appointed him executor of his said will, who duly proved the same; and the respondent insisted, that by virtue of the said will, and the several deeds before set forth, he was entitled