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mortgage made of the Kerry estate by Lord Clare to Sir Stephen Rice, came by several mesne assignments to Deborah Fitzmaurice, widow; and that she on the 15th of November 1726, in consideration of £1200 which was all that was then due on the said mortgage, assigned the same to the defendant William Crosbie; but he did not find, that the said defendant ever got into possession of any part of the mortgaged premises, the same having continued in the said John Leslie, and since his death in the appellant Lucy, who had constantly received the issues and profits of all the said mortgaged premises to that time.—That the lands not comprised in the recovery suffered by the said John Leslie, and decreed to the plaintiff, being part of the said manor of Tarbert, were worth yearly £265, and that the lands, of which the recovery was suffered, were worth yearly £474 11s. 6d.—That the proportion or share which the said lands comprised in the recovery, ought to bear of the said £1200 amounted to £770 6s. and that the proportion or share which the lands not comprised in the recovery, ought to bear of the said £1200 amounted to £429 19s. 6d. which sum, with the interest thereof, since the death [163] of the said John Leslie at £6 per cent, amounted to £591 4s. 3d. to the 13th of June 1742, which being deducted out of the said £1582 15s. 4d. received by the appellant Lucy out of the lands not comprised in the recovery, there remained due to the plaintiff for the profits of the lands not comprised in the recovery, over and above the proportion of the mortgage money and interest, £991 11s. 1d.

On the 16th of July 1742, the cause was heard on this report, and the equity reserved, when the appellant Lucy's guardian made default in appearing; and thereupon the court were pleased to order, that the respondent should recover from the appellant Lucy the £991 11s. 1d. and the £736 12s. 3½d. so reported due, with interest from the time of confirming the report, as also the costs of the suit; and that an injunction should forthwith issue, directed to the sheriffs of the counties of Kerry and Cork, requiring them to put the respondent into the possession of the lands of Carhunecunnelagh, otherwise Carhunegallen, Lyssynorth, Cahirgil, Lyssysouth, Carhunakilly, Mealcaneightra, otherwise Mealcunneightra, Ballynasagart, Gortingall, Carhugariffe, Mealconoughtra, and Glanculleare, with all their rights, members, and appurtenances; and into the possession of all the lands, with their rights, members, and appurtenances, situate in the said county of Cork, decreed to the respondent as aforesaid; and from time to time to quiet and establish him therein as occasion should require; and that the respondent might accordingly make up and inroll the said decree, with costs; for performance whereof, the process of the court was from time to time to issue, as in such cases usual.

The appellant Lucy being still an infant of tender years, the respondent Doctor Leslie, in July 1743, in order to secure his new acquired title to the premises thus decreed and allotted him, exhibited a new bill in the same court of Exchequer, against the appellant Lucy, and the respondents Blenerhasset and his wife; stating the preceding decree, and that the lands by him recovered lay intermixed with other lands, which were the inheritance of the appellant Lucy; and praying (in order to prevent future contests) a commission to perambulate and ascertain the bounds of the lands by him recovered, and to be quieted in the possession thereof, against the defendants, and all other persons claiming under them.

The appellant Lucy, with the said George Leslie her guardian, by their answer to this second bill, admitted the former decree, and that the lands recovered by the respondent Doctor Leslie, lay intermixed with the appellant Lucy's other estates; and that they were inclinable to believe there might be occasion to perambulate the bounds for preventing disputes; but as the appellant Lucy was an infant, her guardian submitted to the directions of the court.

The respondents Blenerhasset and his wife, having likewise answered this bill, the respondent Doctor Leslie replied to both an-[164]-swers, and the cause was at issue; but no witnesses were examined on either side.

On the 22d of June 1744, this new cause was heard; when, upon reading the former decree, the court ordered a commission of perambulation to issue in the usual manner, impowering commissioners to trace and perambulate the bounds of the several denominations of lands in the county of Kerry, recovered by the respondent Doctor Leslie; and the commissioners were separately to distinguish and ascertain the bounds of each denomination of the said lands, and the better to enable them so to do, a survey