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case) the same ought to be paid out of the personal assets of William Morgan, who left a considerable personal estate, and not out of the settled estates; and that though the said William Morgan had been dead upwards of 12 years, yet no demand was made of any such arrears from his father or brother, and not till very lately from the plaintiff. And it was further charged, that the assignment from Lady Rachel to Jones and his wife was made lately without any consideration, and to afford a colour for charging Charles Morgan; and insisted, that as no distress was made on the premises, which would have immediately satisfied such arrears (if any such had been), and there having been so long an acquiescence by Lady Rachel without demanding the same, it should be then presumed, that the arrears of such rent-charge were paid by William Morgan in his life-time; especially, as the respondent Elizabeth Jones and her agents took possession of all William Morgan's papers, books of account, and receipts, as well as all the writings concerning his estate, and might secrete and destroy whatever they thought fit. Therefore the bill prayed, that the defendants might be restrained by injunction from proceeding at low against Charles Morgan, or his tenants, he offering to pay all arrears of the rent-charge that should appear to be due to Lady Rachel from his estate, which ought to be paid by him; and in case it should appear that any such arrears remained due and ought to be paid by him, that an account might be taken thereof as the Court should direct.

By an order made in the cause, the 12th of February 1776, upon hearing of counsel, and Charles Morgan undertaking to pay what the estate in question was chargeable with in respect of Lady Rachel's rent-charge of 2,000l. a-year during her life, and consenting to confess judgment in the ejectment, it was ordered, that an injunction should be awarded to stay Lady Rachel from proceeding in the ejectment, until the further order of the Court; and [37] by consent it was ordered, that it should be referred to Master Browning to take an account of what (if any thing) was due to Lady Rachel in respect of her rent-charge of 2,000l. a-year; and for the better taking the account, the parties were to produce upon oath before the master, all deeds, books, papers, and writings in their custody or power relating thereto, and to be examined upon interrogatories as the master should direct; and the master in taking the account, was to make to the parties all just allowances, and the consideration of interest and costs, and of all further directions, was reserved until after the master should have made his report; and any of the parties were to be at liberty to apply to the Court as there should be occasion.

Lady Rachel afterwards, on the 10th of June 1780, died intestate, and letters of administration of her goods were granted to her daughter the said Elizabeth Jones; and the cause was duly revived against the said William Jones and Elizabeth his wife, as the administratrix of Lady Rachel, who had in her life-time refused to produce before the master any deeds, papers, or writings relating to the accounts directed to be taken by the decree.

Master Wilmot (to whom the cause stood transferred) made his report on the 13th of July 1782, and thereby certified, that he had proceeded to take an account of what was due to the defendants, William Jones and Elizabeth his wife, the administratrix of the late defendant Lady Rachel Morgan deceased, in respect of her rent-charge of 2000l. a-year in the decree mentioned; for the better taking of which account, the said late defendant Lady Rachel Morgan and the said defendants William Jones and Elizabeth his wife had been severally examined upon interrogatories exhibited before his late predecessor touching the same; and he found that the said rent-charge of 2000l. a-year commenced from Lady-day 1731, but that the same was paid to Michaelmas 1742; and that from Michaelmas 1742 to Lady-day 1780, being the half-yearly day of payment next preceding the death of Lady Rachel, the said rent-charge amounted to 75,000l. and that there had been paid on account thereof to Lady Rachel, or to some other person or persons by her order or for her use, and to the defendants William Jones and Elizabeth his wife, since the decease of Lady Rachel Morgan, the several sums of money particularly mentioned in the schedule to his report, amounting together to 58,175l. 8s. 8½d. which being deducted out of the aforesaid sum of 75,000l. there appeared to be due to the said defendants William Jones and Elizabeth his wife, on the balance of the aforesaid account of the said late defendant Lady Rachel Morgan's rent-charge of 2000l. a-year, the sum of 16,824l. 11s. 3½d.