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executed; the fine was immediately paid, the greatest part of it on the same day into Lord Kingsland's own hands, and the remainder on the next day to his agent, who received it by his order, and a receipt was afterwards given by his Lordship, specifying the precise terms of the agreement; directions were, at the same time, given by his Lordship to his own agent, for dispatching the leases; the appellant was put into possession, and immediately began to improve the estate, and paid his first half-year's rent on the very day it became due: and both the agreement and the improvements were public and notorious, being the general discourse of the whole country. That the surrender of the old leases by William Cogan was made in favour of the appellant, and was expressly recited in the draft of the new lease, which Lord Kingsland's agent was preparing, pursuant to his Lordship's directions; and in order to the drawing of which, the appellant furnished him with the assignment and surrender from William Cogan, to enable him to complete the lease. That from the whole complexion of the case, as well as from Lord Kingsland's answer, which was proved in the cause to have been settled by Mr. Daly, it appeared his Lordship never had the least intention to recede from his agreement with the appellant, without the appellant's previous consent to waive it; and that all the subsequent acts which his Lordship was prevailed upon to enter into, inconsistent with that agreement, were owing to a series of imposition in the other respondents, and particularly to their assuring him, that the appellant had actually relinquished his claim to the lease; and all the acts thus done by him, were only intended to take effect, in case of the appellant's waiving the lease; though had his Lordship altered his intention in favour of the appellant, as he never did, it was not in his power, by those subsequent acts, to defeat his former agreement. That the appellant and the respondent Wakely were persons equally indifferent and unknown to Lord Kingsland, and were mutually recommended to him at different times, but the latter, not till after the agreement with the former; and as the appellant had the prior recommendation, so he had the greater merit, which ought to weigh with every landlord; for he immediately agreed to give the full value of the estate, as adjusted by a third person; whilst the respondent Wakely was endeavouring to depreciate and undervalue it, trusting to the interest he could make for obtaining a lease upon his own terms. That the subsequent minute or lease to Lord Athunry, was obtained by fraud and imposition, and with full notice of the appellant's prior title, his agreement, possession, and improvements; and as this notice would make his Lordship a trustee for the prior equity, so the respondent Wakely, even if he had no notice, ought not to be in a better condition than Lord Athunry, but to be subject to the same equity which the appellant had against his Lordship, as having had notice: as, however, the respondent Wakely had likewise notice, he was guilty of a fraud in intermeddling; and a fraudulent lease or agreement is considered, in equity, as [331] none. Besides, Lord Athunry's offering to indemnify Lord Kingsland, and the respondent Wakely's offering to indemnify Lord Athunry, was strong presumptive evidence of their both having had notice of the appellant's prior agreement, and that they were conscious of pressing Lord Kingsland to do an act which could not be justified.

As to the issues, it was said there was no foundation for directing either of them; for as to the pretence, that it was part of the appellant's agreement with Lord Kingsland, that Mr. Daly's consent and approbation should be had to make such agreement valid; and that this approbation not being had, the agreement was therefore void; there was nothing of this kind appeared in the cause. The agreement with the appellant was absolute, and not in the least subject to Mr. Daly's approbation or consent, nor was his consent one of the terms or conditions of the agreement; and it was incredible that it should, as he had no manner of