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be compelled to pay the said principal sum of £200 and the interest thereof, by a certain day, or that the conditional estate of the said Charles Tasburgh in the premises, (in case it should be judged to be a defeasible, or redeemable estate,) should be made absolute to him and his heirs; and that in such case, the said Sir John Eustace might be foreclosed of all right or equity of redemption of the premises; and might make farther absolute conveyances and assurances to the said Charles Tasburgh, according to the tenor and true meaning of the said indentures of lease and release.

Sir John Eustace being served with a subpoena to answer this bill, stood out all process of contempt, to a sequestration; and on the 16th of May 1688, he thought fit to appear by his six clerk, and to pray a commission for taking his answer in England, which was granted by consent; but it was ordered, that unless the same was returned by the 22d of June following, the cause should be set down to be heard, and the bill was to be taken pro confesso.

Sir John having neglected to answer by the time limited, he, on the 6th of November following, had a fortnight's further time [267] given him; but in case he did not answer in that time, the cause was to be set down to be heard, and the bill taken pro confesso; and he having again neglected to answer, the counsel for the said Charles Tasburgh, in the presence of Sir John Eustace's counsel, moved the court, that a day for bearing might be appointed, and the bill taken pro confesso; whereupon the 11th of December 1688 was appointed; and upon opening the bill on that day, it appearing to the court, that there was no account in this case to be referred to a Master, it was decreed, that Sir John Eustace should pay to the said Charles Tasburgh, at one intire payment, the principal sum of £200, with all interest then due, or thereafter to grow due for the same, on or before the 11th of December 1689, together with his costs, which were afterwards taxed at £20, otherwise the defendant was to be for ever barred and foreclosed of all equity of redemption of the premises; and was to perfect such conveyances for releasing the equity of redemption, and for the absolute conveying of the premises to the said Charles Tasburgh and his heirs, as should be approved of by a Master.

Sir John Eustace afterwards returned to Ireland, and lived till the year 1706, when he died without issue; but he never took any one step to impeach the said proceedings or decree; nor did he ever attempt to seek a redemption of the premises, but acquiesced under the said decree for upwards of eighteen years.

John Tasburgh, the appellant Henry's father, died in the year 1691, having first made his will, and thereof appointed the appellant Henry sole executor and residuary legatee; and he, as eldest son and heir of his father, entered on the promises; and not imagining, that after an acquiescence of thirty-four years under the decree, any one claiming or deriving under Sir John Eustace, could pretend or set up any right or title thereto, and therefore, looking upon himself as the absolute owner thereof, he, by indenture, dated the 24th of April 1722, in consideration of a fine of £300, demised the same to the appellant George M'Nemara, for the term of thirty-one years, at the clear yearly rent of £250.

An act of parliament was made in Ireland, in the 8th year of the reign of King George I. whereby it was enacted, that in case any mortgagee or mortgagees of any lands, tenements, or hereditaments whatsoever, had been in possession thereof, by the space of twenty years or upwards; and no bill had been brought by the person or persons entitled to the equity of redemption, to redeem the same, or to bring the mortgagee or mortgagees, his, her, or their heirs, executors, administrators, or assigns, to an account, and should not before the 29th day of September 1723, commence their suit in equity to redeem such mortgage, and prosecute the same with effect, that in every such case, it should be lawful for every such mortgagee or mortgagees, their heirs, executors, administrators, or assigns, to hold the lands and premises so mortgaged to them, freed and discharged of and from all equity of redemption whatsoever.

For several years after making of the said decree, the premises yielded very little, by reason of the general desolation, occasioned by the troubles which then ensued; but the value of lands in [268] Ireland having afterwards risen considerably, a bill was exhibited in the Court of Chancery in Ireland, on the 28th of September 1723, (the very day before the said act of parliament was to have the effect of a law,) by Benjamin Chetwood, in right of Ann his wife; Chetwood Eustace, a minor, son