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REPORTS of CASES upon Appeals and Writs of Error determined in the High Court of Parliament. By Josiah Brown, Barrister-at-Law. Second Edition by Tomlins. Vol. VI.

PLEADINGS.

Case 1.—Earl of Peterborough, and others,—Appellants; Sir John Germaine, et Ux,—Respondents [24th February 1709].

[Mew's Dig. vi. 363. Explained in Moss v. Anglo-Egyptian Navigation Co. 1865, L.R. 1 Ch. 116; see Tredegar v. Windus, 1875, L.R. 19 Eq. 613.]

It is against the known and established rules of all Courts of Equity, that after issue joined, publication passed, and the cause heard, the same matters, or the same title, should be drawn into question again, by another original bill; for, if this was once admitted, it would introduce perjury, and make suits endless.

Orders of the Court of Chancery affirmed.

Notwithstanding the determination of the former suit, between the present appellant the Earl, and the respondent Sir John (see ante, title Evidence, ca. 1. vol. 3. p. 539); the Earl, in 1706, after the death of Lady Mary, Sir John's first wife, exhibited another bill in Chancery against him, to be relieved touching the Northamptonshire estate, which the plaintiff claimed under the settlement of 16 Charles I. and also as heir at law of the said Lady Mary; and obtained an injunction against the defendant for staying waste. To which bill the defendant pleaded his title under several conveyances from Lady Mary, his late wife; he also pleaded the dismission of the plaintiff's former bill, and the affirmance of that dismission upon the appeal to the House of Peers. And, upon arguing this plea, on the 26th of July 1707, it was allowed, and the injunction dissolved.

It was stated as one of the facts in the former case, that certain leases which had been granted by the late Countess Elizabeth to one Newport were ordered to be sealed up, and deposited with the Usher of the Court of Chancery, there to remain; but this being omitted, and the Earl having by some means obtained the custody of these leases, to the number of fifteen, Sir John made an application to the Court in the old cause, that the Earl might deliver them up; and by an order of the 21st of April 1708, the Earl was accordingly ordered to bring back the said fifteen leases, so as the same might be brought before Sir William Lacon Child, one of the Masters of the said Court, to be by him delivered over to the Usher of the Court, who was to keep them till further order.

The Earl being still dissatisfied, in Hilary term 1708, filed another bill in the Court of Chancery, against the present respondents, to call again in question the title of the Northamptonshire estate, [2] and to be relieved touching these fifteen leases, and that he might be at liberty to make use of them upon any trial at law.

To this bill the defendants pleaded the several fines, feoffments, recoveries, and settlement of Earl Henry, the articles between him and Countess Elizabeth, and the decree in confirmation thereof, the dismission of the former bill and appeal, and a settlement made of the premises by the defendant Sir John, upon his marriage with

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