Page:The English Reports v1 1900.pdf/695

The said Mary Vernon acquiesced under this final decree; and it is apprehended, paid the £100 costs, and the said £1000 and interest, and put John Vernon into possession of two-thirds of the Upper and Lower Hollybrooks; but before she executed any conveyance thereof to him and his heirs, she, in 1729, died without issue.

John Vernon being thus in possession of two-thirds of the Upper and Lower Hollybrooks, he, on the 21st of November 1707, mort-[445]-gaged the same to Thomas Vernon, esq. for 1000 years, to secure the re-payment of £2000 bonâ fide paid and advanced by him, with interest. And John Vernon continued in quiet possession of the said mortgaged premises, from the time the possession thereof was delivered to him by the said Mary Vernon, to his death in 1719.

In 1720, the said Thomas Vernon entered into possession of the premises; the said mortgage money, and a great arrear of interest thereon, being then due; and continued in quiet possession thereof till his death in August 1726, having by his will devised all his real and personal estates whatsoever, (subject to his debts and legacies,) to Jane Vernon his widow, her heirs, executors, and administrators, for ever, to her and their own use; who thereupon kept and continued in the quiet possession of the said premises, till Michaelmas term 1731, without any molestation whatsoever.

On the 23d of June 1722, Edward Vernon, upon whom the estate tail in equity in remainder, under the will of Colonel Vernon, of the town and lands of Clontarff and Hollybrooks had devolved, conveyed to the respondent, his heirs and assigns, all his estate, title, and interest in and to the same, and all other estates that he claimed and had a right to in reversion and remainder, under the will of the said Colonel Edward Vernon, upon the death of the said Mary Vernon, without issue. And under this conveyance, the respondent set up a title to the said lands and premises, and insisted, that the said decree of the House of Lords in Ireland was of no force or effect; for that by an act of Parliament, passed in England in 1723 6 Geo. I. c. 5.), it was declared and enacted, "That the House of Lords in Ireland have not any jurisdiction, to affirm or reverse any judgment or decree made in any Court of that kingdom; and that all proceedings before the House of Lords, upon any such judgment or decree, are and are thereby declared to be void."

The respondent accordingly, in Michaelmas term 1731, brought his ejectment in the name of Thomas Murray, as lessee of the representatives of the mortgagees and trustees of Colonel Edward Vernon, against the said Jane Vernon, for recovery of the two-thirds of Hollybrooks, to which she appeared and pleaded the general issue; and the heir of the surviving trustee dying, the respondent, in December 1734, brought a new ejectment in the name of the said Thomas Murray, as lessee of the then representatives of the mortgagees and trustees of Colonel Vernon, against the said Jane Vernon, for recovery of the same premises; to which ejectment she also appeared and pleaded the general issue: and in Easter term 1735, the respondent obtained a verdict; and in Trinity term following, judgment was entered up thereon.

In Easter term 1735, Jane Vernon brought her bill in the Court of Chancery in Ireland, against the respondent and the lessors and lessee in the said ejectment; setting forth the several matters aforesaid, and praying a discovery of all incumbrances [446] upon the mortgaged premises, and what title the respective defendants claimed thereto; and that if they had any incumbrances, they might assign the same to the said Jane Vernon, upon payment of what should appear to be justly due thereon; and that the respondent's proceedings at law against her might be stayed by injunction.

The said Jane Vernon obtained an injunction; and all the defendants having put in their answers, the cause proceeded to issue, and the respondent examined his witnesses, but Mrs. Vernon examined none.

In June 1738, the said Jane Vernon brought her supplemental bill against the respondent and others; and thereby made George Venables Vernon, esq. as heir at law of Colonel Vernon, a defendant; which suit proceeded to issue, but no witnesses were examined therein by the said Jane Vernon.

On the defendant's moving, upon the 4th of February 1737, to dissolve the injunction, which the plaintiff had before obtained as of course, for want of the