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houses in question, yet the agreement was only voluntary, and upon no consideration either of money or blood: as to money, none was even pretended; and as to blood, there could be none, the appellant Elizabeth being only the daughter of Fletcher's wife's sister. That the agreement was also executory, and yet no demand was ever made for a specific performance of it till Fletcher and his wife wore both dead, who lived almost twenty years after the date of the agreement. That it fully appeared by the proofs in the cause, that the respondent Pleydell was a fair purchaser, upon a full and valuable consideration, without any manner of fraud; that the judgment was confessed, when he was a real creditor; that at the time of levying the execution, there was above £1600 due to him; and that the £400 at which the houses were appraised and sold, was allowed by Fletcher himself to be the full value of them; and therefore, the dismission of the appellant's bill was just, and agreeable to the rules of equity, and ought to be affirmed with costs.

Accordingly, after hearing counsel on this appeal, it was ordered and adjudged, that the same should be dismissed; and the order or decree therein complained of, affirmed. (Jour. vol. 17. p. 242.)

Richard Caryll, esq. the respondent John's father, being seised of one undivided moiety, and the respondents, Peacook and Bruning, being seised of the other undivided moiety of the manor of Winchelsea, in the county of Sussex; and having a pressing occasion for £2000 by articles, dated the 8th of September 1697, they covenanted with the appellant, that they would, on or before the 30th of the same month, by good conveyances, assure to the appellant and his hairs, or in trust for him and his heirs, an estate in fee of the said premises: In consideration whereof, the appellant for himself, his heirs, executors, and administrators, did thereby covenant to pay to the said Caryll, Peacock, and Bruning, the sum of £7000 in manner following: £2000 upon the execution of the conveyances; and the remaining £5000 at the particular times therein mentioned. And, for better securing the said £5000 it was agreed, that at the execution of such conveyances, the appellant, or the persons taking the same, in trust for him, should re-convey the said premises to the said Richard Caryll, Peacock, and Bruning, or as they should [127] appoint, for a term of 99 years; redeemable, on payment of the said £5000 and interest.

Soon after the execution of these articles, the appellant went, for a short time, to Ireland, to attend his duty as a Member of Parliament in that kingdom; but, before his departure, he left above £2000 in the hands of Mr. James Blake, his nephew, with directions to pay the £2000 according to the articles, and to take the conveyance to himself, in trust for the appellant; and thereupon, to execute the mortgage for the remaining £5000.

Various delays happened on both sides in completing this purchase; several objections to the title having been made by the counsel for the appellant; and many methods proposed, and afterwards receded from, or varied by the respondents, towards obviating those objections. At length, after going on for near two years and a half in this manner, the appellant, in Easter term 1700, exhibited his bill in Chancery against the said Richard Caryll, and the respondents Peacock