Page:The English Reports v1 1900.pdf/364

interest for their interest, when it was a stated sum: And that Browne shortly after dying, his widow and administratrix was forced to borrow money at interest to pay off interest money due to several of her husband's creditors, and to pacify others was obliged to execute several declarations of trust of several sums, part of the money so reported due to her husband, particularly one declaration to Sir Robert Sawyer, Knight, deceased, for 6000l. which declaration was rested in Thomas Earl of Pembroke and Montgomery, in trust for Sir Constantine Phipps, then Lord Chancellor of Ireland, to whom there was due thereon above 2300l.; and that Cherry and Mrs. Browne were able to obtain little fruit of the decree during the life of the Duke, who insisted upon his privilege; but after his death, in April, 1687, they revived proceedings against the Earl of Buckingham, the Duke's heir at law, the Duchess of Buckingham, his widow, [409] and his trustees: And that since the order of 5th February, 1684, no sum was ever stated by the said master upon Mrs. Browne's account, till 3d August, 1693, when Sir John Hoskins certified due to her 69,493l. 7s. 3d. nor upon Cherry's account till 4th August, 1696, when the master certified due to him 9766l. 8s. 8½d. And upon the same, 4th August, 1696, certified due to Mrs. Browne, (all allowances made for money by her received) 36736l. 0s. 11d. and that the decree, reports and orders for confirming them were duly signed and inrolled, and several manors and estates of the Duke, at the prosecution and sole charges of Cherry and Mrs. Browne, sold, and the purchase money in part applied to discharge prior incumbrances upon his real estate, and in part towards sinking and satisfying part of the debts due to Cherry and Browne; who by an order, 17th July, 1695, were to be paid before appellants and other the Duke's creditors: And that the late Lord Chancellor Cowper, 14th November, 1706, on motion on behalf of several creditors of the late Duke, ordered the master to state the several claims of such creditors as remained unpaid, and their priority, and how much of each debt had been made up by interest and interest upon interest and costs, and the several proceedings had by the creditors: And that the master accordingly made his report, 3d July, 1708, and stated the debt remaining due to Mrs. Browne with interest upon interest to be 15861l. 11s. 7½d. And the debt due to Mr. Cherry, with interest upon interest, to be 1650l. 14s. 5d. And, 16th October, 1708, the Lord Chancellor on a hearing on the report, ordered that it should be referred back to the same master, to state the nature of the conveyances from the late Duke, relating to the trust for payment of his debts, and the nature of the securities and appointments made by the Duke to or for his creditors upon any part of this estate, and the proceedings had thereon, and how the creditors interest stood at the time of the several decrees; and that the master accordingly made his report 10th June, 1709, and the matter of both reports came to be heard 28th October, 1709, and on hearing council on all sides, and full consideration had, the Chancellor declared that the interest upon interest computed by the master for the several debts in his said report of the 3d July, 1708, mentioned, ought to stand and be allowed, and did therefore order the same should be absolutely con-[410]-firmed; which said orders for allowance of interest upon interest, respondents insisted were just and reasonable; because by the constant rule and practice of Courts of equity, all stated sums do carry interest, especially when done by the masters, under orders for that purpose: And shewed, that Sir Robert Gayer, a creditor of the late Duke, obtained a like order for allowance of interest upon interest, which was confirmed after great contest by appellants Baker and Philips, upon arguing exceptions before the late Lord Chancellor Sommers, and which had been ever since acquiesced in; and that the claims of all or most of the appellants were for wages due, or work done by them, or those they represent for the late Duke, and founded on letters or orders to his trustees to pay their debts; but respondents claims were for money lent, and mortgages to Cherry and Browne, made to secure the same: And further shewed, that appellants Baker and Philips's debts were not liquidated or adjusted by the master, before October, 1693, nor the rest till a considerable time after; and that other of the late Duke's creditors who had a priority of claim to appellants, had ever since the last order of the 23th October, 1709, (though they before contested the same) acquiesced therein: And that if the appellants should succeed in their appeal, several of the declaration creditors of Mrs. Browne would be stript of their just debts, Mrs. Browne dying insolvent. (George Clive.)