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and that respondent brought in a bill of costs, amounting to 1019l. which the Master taxed at 517l. 18s. 3d. although [317] the prosecution and defence of these suits had cost respondent more than the bill amounted to; and that the Master made his report, and (with the costs taxed) reported to be due from appellant to respondent 1955l. 14s. 3d. And appellant for further delay filed several exceptions, which were heard, and an issue at law directed to try the value of the goods, stock, cattle, corn, and hay, and the yearly value of the estate, from 1691 to 1699; and that notwithstanding all the orders, hearings, and re-hearings, it was true in fact, that from the time respondent gave appellant possession of her real and personal estate, he disposed and managed same at his own will and pleasure, and received the product to his own use, without account to respondent, or making her privy or concerned in the management thereof, contrary to the articles, and kept possession from May, 91, till May 99, when it was taken from him by order of Court; and had or might have raised out of the real and personal estate the sum of 4000l. and might have paid off Crispe's mortgage the first year after he had possession: And that Sir Simon Harcourt's debt, in the appeal mentioned, was a debt due from Cockayne, and not chargeable on the mortgaged premisses; and appellant had satisfaction for the same from Cockayne; and so proved upon a trial at law between Sir Simon Harcourt and appellant before Lord Chief Justice Holt: And respondent insisted that the only matter in question was, what money appellant lent and secured upon the mortgage, and what he received out of the real and personal estate; and that the money paid and secured was but 1030l. as now settled by the verdict, and proofs in the cause; and that if the 700l. were not included in the 1830l. then by the letter of the articles, as appellant would construe them, respondent's estate, which cost but 1800l. was made a security for 2500l. viz. 700l. more than it was worth, and she consequently utterly ruined. (T. Jones.)
Die Veneris, 25 Februarii, 1703. After hearing council upon this appeal, it was adjudged by the Lords that the same should be dismissed, and the orders and decrees complained of affirmed. Lords Journ. vol. xvii. p. 459.
The appellant stated, that this appeal was touching a bond pretended to be made (in a very unusual form) by appellant's brother to respondent's father, and which bond was in these words:
Know all men by these presents, that I Thomas Scott, of Great Barr, in the parish of Aldridge, and County of Stafford, Gent. Do owe and am indebted unto John Hilton, of Great Barr, in the parish of Aldridge, and county of Stafford aforesaid, clerk, the full and just sum of two hundred pounds of good and lawful money of England, to be paid to the said John Hilton, his heirs or assigns, with due interest for the same; and also twenty pounds more of the like lawful English money, to be paid to the said John Halton, his heirs or assigns, in lieu of certain goods and cattle due to him the said John Hilton, but without any interest for the said twenty pounds: And for as much as the said money, goods and cattle, were by my dear father William Scott, of Great Barr aforesaid, designed and intended for my loving sister Winifred, late wife to the said John Hilton aforesaid; and I the said Thomas Scott having, for causes to myself best known, hitherto with-held and kept back all the said moneys, goods and cattle, not daring to intrust them in the hands of my loving sister, nor yet of her husband John Hilton aforesaid; and now being fully satisfied, notwithstanding the death of my dear sister Winifred, late wife to the said John Hilton aforesaid, that of right all the said moneys, goods and cattle aforementioned, doth and ought to belong unto him the said John Hilton; I therefore the said Thomas Scott of Great Barr above mentioned, Do, by these presents, firmly tie, bind, and oblige my heirs, executors, administrators and assigns, and every of them, in the penal sum of one thousand pounds, of good and lawful English [319] money, for the true and just payment