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stock was sold; and the agreement on their part was so far from being performed, that in fact it never commenced. That when they sold the stock so pledged, which appeared by the proofs to have been on the very day they entered into the contract, they became indebted to the respondent for the price of his own £3000 stock, which he transferred to their order, and which they sold for 273¼ per cent. amounting to £8197 10s. the price [370] they actually received for the same. And that having thus sold the respondent's pledged stock, and afterwards calling upon and receiving from him deposits upon the falls of £14,000 stock, which had in reality no existence, and then selling such deposit, was as gross a fraud on the part of the Andrés, as ever appeared in a Court of Justice. And therefore it was apprehended, that the decree was right, and ought to be affirmed.

Accordingly, after hearing counsel on this appeal, it was ordered and adjudged, that the same should be dismissed; and the decree therein complained of, affirmed. (MS. Jour. sub anno 1771/2. p. 518.)

William Roots, being seised in fee of two messuages in High-Street, in the town of Maidstone, in Kent, one in the occupation of William Pensal, and the other of Christopher Harris, and of another messuage there, called the Angel-Inn, by indenture, dated the 2d of May 1765, mortgaged all the said three houses to Mrs. Elizabeth Bailiff, for securing £400 and interest, and also entered into a bond of the same date, for further securing the mortgage-money; and by indenture, dated the third of the same month, he covenanted that he, and Elizabeth his wife, would levy a fine of all the said premises, which should enure to the use of Mrs. Bailiff, for the term of 1000 years, subject to the proviso for redemption in the mortgage deed; and from and after the expiration of the said term, to the use of such person and persons, and for such estate and estates, and subject to such provisos and agreements, as he the said William Roots, by any deed or writing, executed in the presence of two witnesses, or by his last will, executed in the presence of three witnesses, should direct and appoint; and for want of such direction or appointment, to the use of himself and his heirs; and the fine was soon afterwards levied accordingly.

William Roots being seised in fee of the equity of redemption of these three houses, and his wife dying, and he not having any issue, and being sixty years of age and in perfect health, was desirous of increasing his yearly income for his life; and therefore, in the month of July 1770, he proposed to the appellant, that if the appellant would agree to pay him a clear annuity of £70 a year, during his life, he would convey to the appellant and his heirs, the two first-mentioned messuages, (which had been purchased by [371] him some time before, for £250) free from all incumbrances; and the appellant agreeing to such proposal, an agreement in writing was thereupon entered into, and executed by Roots and the appellant, in the words following, viz.

Memorandum. It is agreed upon between William Roots, of Maidstone, in the county of Kent, surgeon and apothecary, of the one part, and Thomas Pope, of Maidstone, gent. of the other part, as follows, (that is to say,) The said William Roots, for the consideration of one shilling of lawful money of Great Britain, to him