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make the attempt, and gave one of them a letter of attorney to make use of his name, thereby declaring himself an amicable defendant, and leaving the conduct of his cause to the plaintiffs; and if he was made a defendant, so were all the other heirs at law, except the legatees; and though issue was regularly joined against the other co-heirs, they made no attempt to controvert the wills; nor did they, any more than the appellant, make any opposition throughout the cause. Besides, the appellant by his answer admitted that [122] the estate was liable to all the lawful incumbrances of Redmond and Mary Barry, but referred to proof, which was made, and no objection taken to it, either at the hearing, or in the proceedings before the Master, till after the inrolment.

III. It appeared by the pleas, which were now to be taken as true, that the appellant, in 1763, assigned his whole estate in the lands, and all his benefit under the decree, to Sir James Cotter; and the whole equitable interest being now in the assignee, the appellant had no further concern, and neither he or his assignee could maintain a bill of review, even were the errors assigned sufficient. His assignee was a purchaser with full notice of the want of a replication, and could not be admitted to impeach the justice of the decree he so purchased; especially after an affirmance, by his own acts, of all the subsequent proceedings under it.

IV. The multiplicity of the matter necessarily contained in these pleas, was urged as an objection of form. But it has never been held, that a plea must contain one point only; it may, and often, like the present, does contain several facts, all tending to one and the same point, viz. the consent, concurrence, and acquiescence of the appellant and Sir James Cotter, since his interest commenced, in the proceedings and decrees now sought to be reversed, for no other reason than to help Sir James to a more beneficial interest than he purchased; by giving him an opportunity of disputing Redmond and Mary Barry's legacies, amounting with interest to £15,000, and of compelling the incumbrancers and legatees to sell to him on his own terms; while after two decrees, the first near nine years old, scarce any of the tenants paid their rents, and the debts being all liquidated, carried interest upon interest, to the utter ruin of the estate.

After hearing counsel on this appeal, it was ordered and adjudged, that the same should be dismissed, and the order therein complained of, affirmed: and it was further ordered, that Sir James Cotter should pay the respondents £100 for their costs in respect of the said appeal. (MS. Jour. sub anno 1767–8. p. 319.)

The appellant Elizabeth was a near relation of Mr. Thomas Penne, who being advanced in years, and having no issue, expressed a very great regard for her and her children; and frequently declared, that he would leave them the bulk of his estate at his death.