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in hand paid by the said Thomas Pope, at the signing hereof, the receipt whereof is hereby acknowledged; and also for and in consideration of one annuity or yearly rent-charge of £70 of like lawful money of Great Britain, in equal portions, to be paid half-yearly by the said Thomas Pope, or his heirs, to the said William Roots, during his life, free and clear of and from all manner of taxes, deductions, and abatements whatsoever, to be secured by a bond to be entered into by the said Thomas Pope, to the said William Roots, in the penal sum of £1000 for the due payment of the said annuity, and also to be charged, by way of collateral security, upon certain messuages, lands, and hereditaments, situate, lying, and being at a certain place called Maginford, in the parish of Maidstone aforesaid, and now in the tenure and occupation of the said Thomas Pope, his assigns, or undertenants, and certain lands and hereditaments, lying and being at or near a certain place called Vintney, in the parish of Bexley, in the said county, and now in the tenure and occupation of Simon Rouse, his assigns, or undertenants, being the estates of the said Thomas Pope, and of the yearly value of £120; the said William Roots shall and will, on or before the 31st day of October now next ensuing, by good and sufficient conveyances and assurances, such as the counsel of the said Thomas Pope, or his heirs, shall advise and think necessary, grant, bargain, sell, and convey unto the said Thomas Pope, his heirs and assigns for ever, or as he or they shall direct or appoint, all those two messuages or tenements, with the hereditaments to them and each of them belonging, situate and being in High-Street, in Maidstone aforesaid, and now in the several tenures or occupations of William Pensal and Christopher Harris, their assigns, or undertenants; discharged by the said William Roots, or his heirs, of and from all incumbrances whatsoever, except a lease granted to the said Christopher Harris, of the messuage or tenement now in his occupation, of which about nine years are now to come, and also except the quit-rents to grow due from Michaelmas last. And it is further agreed upon between the said William Roots and Thomas Pope, that upon the title of the said William Roots to the said messuages and hereditaments before-mentioned, being approved of by the counsel of the said Thomas Pope, or his heirs, and such conveyances and assurances as aforesaid, being duly executed by the said William Roots, and all incumbrances (if any there be) paid off and discharged by him, the said annuity or yearly rent-charge shall commence and begin on and from the 5th of [372] April last past; and that the said Thomas Pope and his heirs shall receive and take the rents, issues, and profits of the said premises, from the said 5th day of April; and that upon the said messuages and hereditament being so granted and conveyed by the said William Roots, to the said Thomas Pope and his heirs, as aforesaid, he the said Thomas Pope, or his heirs, shall and will enter into such bond, and also well and effectually, and as the counsel of the said William Roots shall advise and think proper, duly sign, seal, and execute all such acts, deeds, matters, and things as shall be so advised and thought proper, for the charging the said messuages, lands, and hereditaments in Maidstone and Bexley aforesaid, as and by way of collateral security for the payment of the said annuity, or clear yearly rent-charge of £70 a year, in manner before-mentioned; with the usual covenants, and a power of distress to be contained in such deeds, in case of nonpayment thereof. Witness our hands, the 16th day of July 1770.

William Roots, in order to enable him to convey the said two messuages to the appellant, free from incumbrances, and to carry the said agreement into execution, caused a notice in writing, dated the 28th of July 1770, to be delivered to Elizabeth Bailiff, the mortgagee of the three messuages, purporting, that he intended to pay off her mortgage on or before the 2d of November then next; and he also gave directions to his attorney to procure him the money necessary for that purpose, and proposed that the same should be secured upon the Angel-Inn, and upon two other messuages of his, in East-Lane in Maidstone; and the mortgage to Mrs. Bailiff would have been paid off accordingly, and the agreement actually completed before the 31st of October, if an indisposition which Mrs. Bailiff laboured under, had not rendered her incapable of joining in the conveyances necessary for that purpose.

On the 2d of November 1770, before Mrs. Bailiff had recovered from her illness, and only two days after the time mentioned in the agreement, for the completing the same, William Roots met with an accident on horseback, by his horse's