Page:The English Reports v1 1900.pdf/630

either of ascertaining the particular creditors, or the nature and amount of their respective demands for principal, interest, and costs, or how much the whole amounted to on the 1st of May 1762, the respondent promised to make his agent prepare a perfect list, as required by the appellant, ascertaining the interest to the said 1st of May, being the time from which the appellant's purchase was to take effect. And accordingly, the respondent in further execution of his agreement, and for the purpose aforesaid, delivered, or caused to be delivered, to the appellant, in June 1762, a list of his debts, which he alledged contained all the judgment debts against him, with the interest thereon respectively due, so far forth as he, Hornidge, and Gurly declared was then in their power to ascertain, and the same amounted to £31,380 12s. principal money, together with £2766 16s. 7¾d. for interest, exclusive of a debt due to Mr. Howard, by judgments, amounting to £4000 and upwards, which list was all of the hand-writing of Gurly, or some person employed by him, or by Hornidge; and interest was thereby calculated down to the 1st of May 1762, upon all such of the debts there mentioned, as the respondent, and those employed by him, alledged they were then able to ascertain, except in three particulars only; in one of which, interest was calculated down to the 10th of May, as being the precise day when two years interest fell due; and in another, the principal was mentioned to be broke in upon; and in a third instance, all interest was said to be paid to the 4th of June 1762; and as to the debts therein mentioned, upon which no interest was calculated, there was, at the foot of the account, an observation in the same hand, importing that interest could not be calculated on the whole of the judgment debts, as some of the people could not be found. That in further execution of the agreement, Hornidge, by the respondent's direction, and on his behalf, furnished the appellant's agent with a sketch or abstract of the respondent's title to his estate in general, in the county of Carlow, whereof the lands agreed to be sold were part; and also furnished copies of several grants from the crown to, and copies of settlements made by the respondent's ancestors, or some of them, the originals of such grants and settlements having many years ago been deposited, as Hornidge alledged, in the office of the usher of the Court of Chancery in Ireland, under some order made by the Court, where they had ever since remained.

The bill further charged, that upon inspecting the said abstract and deeds, it appearing to the appellant's agent that several other materials were necessary for making out a perfect state of a title in the respondent to the lands agreed to be sold, Hornidge, from time to time, furnished several other deeds and papers, the last of which was delivered to the appellant's agent, by Hornidge, after the 17th of August 1762; and then a case upon the re-[350]-spondent's title was stated, mentioning that the lands and premises expressed in a rent-roll for that purpose returned, were agreed to be sold and conveyed by the respondent to the appellant, in consideration of twenty-one years purchase of the clear rents, amounting, after deduction of quit-rents, to £2019 2s. 6d. and the opinion of counsel for the appellant as the purchaser thereof was desired, together with all necessary directions for his security; and amongst other things, it was desired to be known, whether the respondent's wife would be a necessary party to the conveyance. That the appellant's counsel was attended with this case, and with a fee for considering the same, by Hornidge, on the respondent's behalf, on the 21st of August 1762, pursuant to, and in part execution of the agreement; and Hornidge then, or very soon after, went out of town, and did not return till about the 10th of October following. And the counsel having examined the several copies of patents and deeds, and the several original deeds and writings laid before him, gave his opinion upon the title and questions stated; whereby it appeared necessary to take further advice, upon a particular point in such opinion mentioned; and whereby also a fine appeared necessary to be levied by the respondent and his wife to the appellant, and several searches were directed to be made for incumbrances that might affect the premises; and some other requisites were judged necessary to be performed by the respondent. That Hornidge was immediately furnished with a copy of this opinion by the appellant's agent, who, in many material instances, gave particular and unusual assistance, for enabling the respondent, and those concerned for him, to dispatch the matters so required, to the end that the agreement might, without