Page:The English Reports v1 1900.pdf/407

Edmund Hogan was intitled to a specific execution of the articles of the 28th of October 1736.

Edmund Hogan and Bridget his wife put in their answer to the same effect, and almost in the same words, in every particular, with the answers put in down to this time by John Davoren; and insisted, that under the articles of the 18th of June 1748, he was become entitled to all the real and personal estate of John Davoren, and entered into possession thereof; and also that he was become intitled to Lawrence Davoren's securities.—Admitted, that he was Lawrence Devoren's attorney in filing his bill, and had notice of the allegations therein.—Stated the articles of the 28th October 1736, and that he was entitled to a specific execution thereof.

John Davoren put in a further answer, and thereby, among other things, admitted that they did not prove, or lodge the codicil of James Davoren to be proved in the spiritual court, until a considerable time after he had lodged the will there, and until he was served with a citation for that purpose.—That if John Davoren's interest in Gragans farm had not determined, so as that Lawrence Davoren might have enjoyed the same to the full end and term of eleven years, it would have been worth 300l. to him.—Admitted, that after the execution of the said bonds, he did treat with Lawrence concerning his title to a moiety of the said lands, and made use of many arguments which were enforced by Egan and another, to prevail upon him to relinquish the same.—Said, he proved James Davoren's will in November 1725, and his codicil in November 1733.—Said, that the bond mentioned in the recital of the deed of 28th of October 1736, to have been executed to John Davoren, in trust for George Martin, was a mistake in the recital, the same having been taken in the name of George Martin.—Said, he heard and believed that Teige Egan and Peter Lynnane used several arguments and reasons to induce Lawrence Davoren not to insist upon any rights under the statute.—Said, he did not remember what arguments were used by them, to induce Lawrence to perfect bonds, notes, or other writings, to John Davoren, or to desist from asserting Lawrence Davoren's right.—Admitted that James Davoren's personal estate was sufficient to pay all his debts and legacies, and the demands of his widow, with a considerable overplus.

The further to perplex matters and pending the suit, by deeds of lease and release, of 30th and 31st October 1753, made between John Davoren and Edmund Hogan, after reciting the articles of the 18th June 1748, and that Edmund in pursuance thereof, had paid all or most part of the debts of John Davoren, amount ing to 3,000l.; and that he had paid the sum of 2,000l. and interest, to the defendant Margaret M'Mahon, on her marriage with Thomas M'Mahon; and reciting also, that Edmund Hogan was married to Bridget, the eldest daughter of John Davoren, he the said John Davoren, [24] in part execution of the said recited articles, and in consideration of 5,000l. so paid by the said Edmund as aforesaid, and in consideration of a life annuity of 200l. secured to John Davoren by Edmund Hogan, by bond of that date, the said John Davoren granted and conveyed all lands, tenements and hereditaments, of every kind, by their name and particular descriptions, whereof the said John Davoren was seised or possessed, or in any respect entitled unto, and the said lands whereof the said James Davoren died seised in fee as aforesaid, unto the said Edmund Hogan, his heirs and assigns; and the said Edmund Hogan covenanted to indemnify John Daveron, his heirs, executors, administrators and assigns, from all debts and demands which did any way affect or charge the said John Davoren, his body, goods, or lands, on the 18th day of June 1748, also to pay off and discharge all such of the said debts and demands as then remained unpaid.

John Davoren by his further answer, amongst other things, admitted that he received the rents of the said real estates until 1748, when he articled to convey the same to Edmund Hogan, who received such rent from that time, and was then in possession of the estate; also admitted, that John Davoren's eviction from Gragans, of consequence so far defeated the articles of 28th October 1736.—Also

admitted, that the said bonds and note, dated 12th July 1726, payable to George Martin, were witnessed by Thady Egan, a Popish priest, and Peter Lynnane, and that they were so executed in order to prevent John Davoren from becoming a Protestant, and that Lawrence Davoren received no other consideration for the