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II BROWN.
LE NEVE v. NORRIS [1744]

debts and legacies, but refused to quit possession, unless Oliver, Peter, and Francis would release.—That Oliver being under difficulties, was forced to comply, and executed a release, and took an assignment of the remainder of the ten years term, by deed of the 2d of October 1683.—That soon after the death of the grantor, it was rumoured, that one John Neve, a blacksmith in London, was his heir at law; and thereupon Oliver and Peter Neve complained to [78] Norris, who was soon to go to London, that if the report was true, he had done ill by limiting the remainder in fee to the right heir of the grantor, which he knew was contrary to his directions; and that it was so done, upon his assuring the grantor, that their father was the right heir.—That at the request of Peter, Norris undertook to enquire after the blacksmith, and get an account of his pedigree, and prepare a conveyance of the reversion from him to Peter and his heirs, for such consideration as he could agree on; but that on his return, he said he had enquired, and could not hear of any such person.—That Peter Neve going afterwards to London, found a person who went by that name, of low condition, and told him of the report, and shewed him the settlement, who declared he was a stranger to the grantor, and did not know whether he was related to him or not; but if he was his heir at law, he had no hopes of the estate after so many limitations, and therefore agreed to sell his reversion to Peter for £10, and accordingly conveyed it to him and his heirs by bargain and sale, dated the 1st of May 1688, inrolled in Chancery.—That Peter did not suspect that Norris had purchased the reversion; nor did Norris, who was privy to Peter's purchase, ever intimate that any conveyance had been made to him, but always declared himself to be no other than an executor in trust, without setting up any claim to the reversion.—That as counsellor to the family of the Neves, he got into his possession all the deeds and writings belonging to them, whereby their pedigree might be made out; and that the infant respondent's father had brought ejectments, and recovered judgment for the freehold lands and therefore the bill prayed a discovery of all the deeds and writings, and that they might be delivered up, and the conveyance to Peter Le Neve from the blacksmith established, and that to Norris cancelled; and all proceedings upon the ejectment stayed.

In Michaelmas term 1731, the respondent's father (being still an infant) delivered other ejectments for Shackle's Farm, and such of the estates as lay in London and Southwark but before any further proceedings were had, either at law or in equity, the defendants to the original bill, and plaintiffs in the cross bill, came to an agreement, which was reduced into writing, and signed by the clerks in court for all parties; by which it was agreed, that the copyhold and leasehold lands, which lay intermixed with the freehold, should be distinguished when John Norris came of age; and that the Neves should be allowed a fair rent for the same, to be judged by two indifferent persons, and be let into possession.—That Norris should, without trial, be let into possession of all the freeholds in London, Southwark, and Norfolk, comprised in the blacksmith's title.—And all proceedings in law and equity were to remain as they were, till Norris came of age, except the examination of witnesses de bene esse on both sides.—And that Shackle's Farm should be presumed to be part of the Norfolk freeholds.

John Rogers and Ann his wife soon after died, leaving issue the appellant Ann Graves; and Henrietta, wife of the appellant Ed-[79]-ward Neve, died, leaving issue the appellant Peter and the respondent Elizabeth.

On the 7th of October 1735, John Norris died, leaving the respondent John Norris, his only son and heir, who, in November 1740, filed his bill of revivor and supplement against the appellants and Ann Norris his mother, and John Monck, as executors of his father, and Denshire, Stukly, and Cust, as administrators of John Rogers, praying, that they might set forth whether they insisted upon any and what title, to any and what part of the estate in question.—That they might inspect all the deeds, papers, and writings, and distinguish the copyhold from the freehold, and that the same might be divided by commission of partition.—That the infant might be let into possession of the freehold, and his right established.—That he might have the benefit of the agreement made by the clerks in court, and all the deeds and writings delivered up to him; and an account of the rents and profits of the freehold estate, and the benefit of all the proceedings at law and in equity; and be quieted in possession.

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