Page:The English Reports v1 1900.pdf/827

The manor, town, and lands of Burne, Lismur and other lands in the barony of Ardagh, in the county of Longford, being sequestered on account of the Irish rebellion in 1641, were, by the acts of settlement, vested in King Charles II. for the use of the several officers and adventurers who had served him and his royal father; and George Houghton, senior, the appellant's grandfather, having purchased debentures, and placed them on these lands, he, in Hilary Term 1678, filed an information in the Court of Exchequer in Ireland, and obtained judgment thereon, and a custodiam of the lands, under the yearly rent of 5s. and became possessed thereof accordingly. And a commission having afterwards issued for remedying defective titles, Houghton exhibited his claim before the Commissioners, who decreed letters patent to be made out of all the premises to him and his heirs, on payment of £200, which he accordingly paid; but before these letters [89] patent were passed, King Charles II. died, and King James II. his successor, not only put a stop to them, but, by other letters patent, granted the said manor and lands to Colonel William Tuite, by whose ancestors they had been forfeited, and who was afterwards attainted of high treason, on account of the rebellion in 1688.

George Houghton senior afterwards died, leaving his son George the appellant's father an infant, under the guardianship of Philip Savage, esq. who preferred a petition on behalf of the infant to King William III. stating his title to the premises, and praying relief; and having obtained a reference to the then Attorney General of Ireland, and a report from him in favour of the title, a new custodiam was granted to Savage in trust for the infant; who having, by virtue thereof, got into possession of the premises, he petitioned the King for letters patent to be granted thereof to the said George Houghton junior, and his heirs, which petition being referred to the Lords Justices, and by them to the Attorney General, he made his report in favour of the petitioner; but Lady Tuite, the mother and guardian of Sir Joseph Tuite, having got intimation of this report, preferred a counter petition on behalf of her son, stating his claim to the same lands, and obtained the common reference to the Attorney General. However, before any further proceedings were had, the contending parties came to an agreement, and by a written article, dated in December 1698, Lady Tuite and Mr. Savage on behalf of their wards agreed, that if either of them should make out a title to the premises, on a claim before the trustees for sale of the forfeited estates, and obtain a decree thereon, one moiety of the premises should be in trust for the other and his heirs, and that the person obtaining such decree, should convey such moiety to the other and his heirs and that if no grant should be obtained of the premises before the 1st of November then next, Sir Joseph Tuite should enjoy a moiety thereof under the custodiam which had been granted to Savage, in trust for George Houghton junior.

By other articles, dated the 16th of August 1700, between Sir Joseph Tuite, who was then of age, and the said Philip Savage and George Houghton, who was still an infant, it was mutually agreed, that if either of them obtained a grant of the premises, the same should be, as to one moiety, in trust for the other of them; and Sir Joseph agreed, that if his claim should he allowed, and the premises decreed to him, he would at any time after convey one moiety thereof to George Houghton and his heirs; and it was likewise agreed, that George should grant a lease of his moiety to Sir Joseph for 99 years, from the 1st of May 1701, at £50 a year. And for the performance of these articles, on the part of Sir Joseph, he entered into a bond in the penalty of £2000 sterling.

Sir Joseph Tuite prosecuted his claim before the trustees, who thought proper