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I BROWN.
STACKPOOLE v. DAVOREN [1780]

and agree with the said John and Margaret Davoren, that the said Edmund Hogan should pay all the debts and demands which did any way affect or charge the said John Davoren, his body, goods and chattels, lands or tenements; and that the said Edmund Hogan should pass a bond, with a warrant of attorney for confessing judgment thereon, payable to the said Margaret Davoren, or unto such trustee, for her use, as the said John Davoren should appoint, for the principal sum of 2000l. sterling, to be paid to her on her marriage; and that in the mean time, the said Edmund should pay unto the said Margaret the yearly sum of 100l. being the interest agreed upon by the said parties to be paid for the said sum of 2000l.

Immediately after signing the above articles, Hogan prevailed upon John Davoren, the better to cover their designs against Lawrence, not only to give up possession of all the real estates, but also of great quantities of stock and effects, to the amount of several thousand pounds.

In 1749, Lawrence Davoren filed his amended bill against John Davoren, thereby stating the circumstances before stated, and particularly, the undue manner in which the several bonds and securities had been obtained from him; also stating, that he had paid John Davoren the penal bill of 28th October 1736, for 33l. 19s. 8d.; and that for several of the said bonds and securities he had not received any consideration at all; but that to induce him to pass the same, John Davoren, with Egan [22] the Popish priest, and another person, applied to him, representing that unless he agreed to sign them, John Davoren would become a Protestant, and that no use would be made of them to Lawrence Davoren's prejudice, but to prevent him or his son from taking measures to assert any right to a moiety of the lands James Davoren died seised of, or taking any steps that might oblige John Davoren to become a Protestant, which they represented as highly blameable; and stating, that John Daveren assigned his real and personal estate to Edmund Hogan, to prevent his just remedy; that Edmund Hogan had long before such assignment, full notice of Lawrence Davoren's claims and title, not only as having married John Davoren's daughter, and being well acquainted with his affairs, and also the affairs of James Davron, but as being the attorney employed by him in filing his original bill, and that Edmund Hogan on that and other occasions, had frequent and repeated notice of the plaintiff's rights and demands; and praying, that John Davoren might account with him for such part of the legacies bequeathed to him by James Davoreu, as should appear to remain still due to him, and might also account with him, for the rents and profits of his part of James Davoren's real estate, from the death of James Davoren, and to be decreed to a moiety of his real estate; and that such of the said bonds, penal bills, obligations, or notes, as should not appear to have been perfected for good and valuable considerations, might be delivered up to him to be cancelled; and that satisfaction might be acknowledged on the records of the judgments, or such of them as should appear not to have been obtained for good and valuable considerations; and that so far as he should appear to have received any real and valuable considerations, for any of the said bonds, penal bills, obligations, or notes, of John Davoren, he might retain the same out of his demands, and deliver up all the other bonds, penal bills, obligations, and notes, to be cancelled, and acknowledge satisfaction on the records of the said several judgments; and to make him a reasonable and proper compensation, for the loss and damage sustained by him, by his having been evicted out of the farm of Gragans; and for general relief.

John Davoren and Margaret his daughter, by their answer set forth (amongst other things) the agreement of 18th of June 1748; and that Edmund Hogan pursuant thereto, possessed himself of all the real estate of John Davoren, and all Lawrence Davoren's securities.—Admit, that Edmund Hogan being Lawrence Davoren's attorney, in exhibiting his bill in 1782, he consequently had notice of the allegations therein, and then (for the first time) John Davoren by his answer set out and insisted upon the articles of 28th October 1736.—Said, that John Davoren's title to Gragans being under several elegits against George Martin, and the said George Martin, whose estate the said lands were, having afterwards died, his eldest son Gregory Martin, by virtue of an ejectment, evicted the said John Davoren's title upon a family settlement, whereby on a trial it appeared, that the said [23] George Martin was tenant for life, so that the said John Davoren's interest in the lands determined.—Said, they believed that

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