Page:The English Reports v1 1900.pdf/387

County of Kilkenny, before respondent knew the decree had passed in his favour; who, with fire arms and other weapons, under colour of a warrant to search for stolen goods, though none were lost, dragged respondent down stairs by the hair of his head naked out of his sick bed, and in that manner carried him away about a mile, threatening that he should rot in gaol, unless he would then release all his right in Lovestown, which appeared by affidavits read in the Court of Exchequer; but that not prevailing to obtain a release, appellant applied for a re-hearing; and the cause was accordingly re-heard the 2d of December, 1712, the 16th and 26th of February, following, when the Court ordered a trial at law at the Exchequer bar, on the issue stated by appellant; and that appellant now complained of that issue, though he desired it by his petition for a re-hearing; and respondent himself appealed from the orders, directing the issue in regard to the bond and deed, had been fully proved on the hearing, by several credible living wit-[458]-nesses: And insisted that the decree of the 18th of July, 1712, ought to be affirmed. (Spencer Cowper. W. Peere Williams.)

Die Sabbati, 27 Junii, 1713. After hearing council upon both appeals, it was ordered by the Lords, that both petitions and appeals should be dismissed. Lords Journ. vol. xix. p. 588.

The appellants made this case: That Sir Henry Waddington, Knt. being seised in fee of the lands of Woodford, in the county of Galway, in Ireland, and of certain iron-works, and woods of little value thereon, and intitled to a term of years in the lands and iron-works of Scariffe, in the county Clare, and having one son, Digby, and two daughters, respondents Dorothy and Letice, (the son a young child, and the youngest daughter about 17) by his last will in writing, devised all his lands and real estate whatsoever, (subject to certain payments) to his said son in tail, remainder to his daughters, and the heirs of their bodies, issuing respectively; and directed that his estate should be managed by his executors, or the greater number of them, until his said daughters should be disposed of in marriage; and appointed Dame Abigail his wife (during widowhood only) Simon, then Bishop of Limerick, afterwards translated to Elphin, Duke Gifford, Gilbert Ormsby, Simon Purdon, Esqrs. Zachary Ormsby, Clerk, and Thomas Croasdaile, executors; and in case Croasdaile would undertake the management of testator's real and personal estate, and make it his only business, then, he recommended to his other executors to allow Groasdale 10s. per ton, if 200 tons of bar-iron were made yearly in the works, and 15s. for each ton of bar-iron made yearly over and above 200 tons; and soon after died, and his son Digby also died in a few months after, and Dame Abigail and Croasdaile proved the will, but the other executors also acted, and nothing was done without their concurrence: And, in 1692, the iron-works of Scariffe, with the appurtenances, were let by Dame Abigail to John Emerton, Esq. at the yearly rent of 500l. and respondent Dorothy soon after married Ro-[460]-bert Tempest, Esq., who took upon him the management of the real estate; and the iron-works of Woodford being in a ruinous condition, and the woods almost destroyed by soldiers, and common trespassers, during the late troubles, the executors and co-heirs unanimously resolved to let the same; and Emerton treated with Tempest, and, by a proposal in writing, offered to pay 150l. per ann. for the iron-works and lands of Woodford, with the privileges thereunto belonging, and particularly the liberty of raising cinders, and making use of the woods which belonged to Sir Henry Waddington, within three miles of the works; which proposal the executors approved of; and Gilbert Ormsby, one of the executors, (respondent Arthur's father) by their direction, impowered Tempest and Croasdaile to agree with Emerton accordingly; and they, 7th February, 1692, by a deed written on the back of that proposal, agreed to let the works of