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And did therefore order and decree, as appellant Pillans had shewed: And for the reasons set forth in the body of the decree, as the foundation thereof, respondent insisted it appeared to be just, and ought not to be reversed. (R. Raymond. S. Mead.)

Die Lunæ, 22 Junii, 1713. After hearing council on these appeals, it was adjudged by the Lords that both should be dismissed, and the decree complained of affirmed. Lords Journ. vol. xix. p. 582.

The appellant Shee made this case: That Thomas Denn, Esq. 21st December, 1631, mortgaged the lands of Lovestown in the county of Kilkenny, in Ireland, to Richard Lawless, respondent's father, for 90l. for 199 years, from 25th March, then next, and afterwards 20th May, 1652, for valuable consideration sold and conveyed the equity of redemption to Richard Shee, Esq. deceased, appellant's grandfather; and that Richard Lawless died in 1662, leaving Walter Lawless, his eldest, and respondent his second son, and the premises being amongst other lands, soon after vested in King Charles the Second, by the act of settlement, Walter exhibited his claim before the commissioners, suggesting that the premises had been mortgaged in fee, and that he was intitled under a settlement made on his father's marriage; and, 30th July, 1663, was adjudged an innocent papist, and restored accordingly: And, 27th April, 1666, Walter, and respondent his brother, for valuable consideration, bargained and sold all their right and interest in Lovestown, to appellant's said grandfather, his executors and assigns; and covenanted that he, said Richard and his assigns, should quietly enjoy against respondent and his said elder brother, and against all persons claiming by, or under them, or either of them, and that by virtue thereof, appellant's grandfather became well intitled to the mortgage, whereof he had long before purchased the equity of redemption: And that, by indentures of lease and release, dated 1st and 2d October, 1672, executed in performance of articles made on the marriage of Marcus Shee, appellant's father, Richard and Marcus conveyed the mortgaged premises (amongst other lands) to the use of Richard for life, remainder to Marcus for life, with remainders over in tail-mail successively to the sons of Marcus; and that appellant's said grandfather, finding that these lands were part of the security allotted for the satisfaction of the forty-nine officers, and that consequently his title under Denn was defective, 12th October, 1677, exhibited his petition before the commissioners appointed for settling [451] that security; stating, that the right of redeeming the promises was vested in his then majesty for the use of these officers, and that he was intitled to the preemption as the first discoverer, under the rules and orders then published, and prayed an adjudication accordingly, which was allowed; and the premises being valued by the commissioners, Richard paid his purchase money to Sir Abel Ram for the use of the officers, and thereupon the lands of Lovestown were, by letters patent, dated 4th May, 1679, granted to him and his heirs, without any trust or saving whatsoever; and, 18th March, 1684, said Richard by his last will, devised all his lands to the uses contained in the marriage settlement; and continued seised until his death, in October, 1687, and that then Marcus entered and enjoyed until 1691, when he died; by whose death appellant became intitled as his eldest son, and by articles, 6th June, 1697, in consideration of his marriage with Dympna Barnwell, Lord Trimlestown's sister, covenanted with Lord Trimlestown to settle Lovestown, and other lands, to the use of him for life, with remainders to all his sons in fee-tail; and that after two descents, and an uninterrupted possession of 40 years under this title, when a new generation was sprung up, respondent, 25th November, 1707, filed a bill in the Exchequer of Ireland against appellant, suggesting that said Richard Lawless had assigned the mortgage to respondent by a deed or writing, dated 3d March, 1640, (whereas it appeared by respondent's answer on oath, that he was not then born) and also that his father had devised the lands to him by his will in 1662; that his elder brother Wetter claimed the mort-