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upon the account before the Master, the only doubt insisted on by appellant, was how Benjamin White had applied the several sums of 90l. and 120l. among the creditors: And that had it appeared upon Benjamin White's examination, who had been examined as a witness at appellant's instance, that he applied 37l. part of the 90l. received from Lewis, to reimburse himself the 37l. so advanced to Mrs. Thomas; and that he received the residue of the said 90l. as on her account; and that he applied only 50l. part of the 120l. received from Tasker to the use of Mrs. Thomas, and the remaining 70l. to the use of John White, another creditor of Tasker's: And that it was finally decreed, that [228] respondent Thomas should recover against appellant the residue of what was due for principal, interest, and costs, amounting to 338l. 18s. 8d. And respondent shewed, that appellant Sharpe's defence in the cause had been vexatious and troublesome; for that after the Master had made his first report, it went back at Sharpe's instance for re-examination; and after a second report, upon exceptions taken thereto, it was decreed with the respondent Thomas; and that after a third report, in favour of respondent, the Court indulged appellant with a re-hearing of the whole matter; and that after a decree on the re-hearing, the Master, by a fourth report, certified 338l. 18s. 8d. due to respondent Thomas; and that appellant, though served with the decree, refused payment; and that respondent Thomas had, by leave of the Court, sued the recognizances which appellant had given to perform the decree, and obtained three several verdicts against the sureties; and that appellant. then brought writs of error in them all, which were still depending; and therefore respondent insisted the decree and orders ought to be affirmed with exemplary costs. (Roger Acherley.)

Die Martis, 24 Novembris, 1702. After hearing council upon this appeal, it was adjudged that it should be dismissed, and the order complained of affirmed. Lords Journ. vol. xvii. p. 172.

The appellants made this case, that Charles Lord North and Grey, seized in fee of the manor of Saxon-hall, and other lands in Cambridgeshire, in consideration of 4000l. granted a rent-charge of 400l. thereon to respondent Daston for life; and by lease and release, dated 30th and 31st May, 1684, conveyed the lands to him and his heirs, as a security for payment of the annuity, and covenanted to pay it duly, and died 11th January, 1690, and made Katherine, his wife, sole executrix and devisee of his estate, who married Francis Russel, Esq. 30th April, 1691; and that respondents, in Michaelmas, 1692, brought their bill in Chancery against Francis Russel and his wife Lady North, to discover Lord North's real and personal estate, and to be paid the arrears of the annuity and interest; and that Russel and Lady North put in their answer 9th May, 1693, and for an account of testator's estate, referred to a book of accounts of all their receipts and disbursements, which they were ready to produce: And that the cause was heard 1st March, 1693, and it was decreed that Russel and Lady North should account for the personal estate, and for the rents of the real estate, chargeable with respondents demands: And that before any further proceedings, Russel and Lady North died in Barbadoes, 7th August, 1696, be having made his will, 2d March, 1694, and appellants, his executors, against whom respondents revived the cause, in Hillary, 1696; and they in [230] Easter term, 1699, answered the bill of revivor, and set forth a true account of their testator's personal estate, and of their disbursements: And that the cause was heard, 3d July, 1699, and the Court decreed an account of what came to the hands of the testator Russel, of the personal and real estate of the Lord North, subject to Daston's demands since Russel's intermarriage with Lady North: And