said land to one X, and his heirs and assigns, with warranty. And the said X, afterwards, by his deed of bargain and sale, conveyed the said acres to the said N [defendant] and his heirs; by virtue of which said last mentioned deed, the said N now holds the said land. And the said SG, by his other deed of bargain and sale, dated &c., conveyed

acres more of said land to said N, his heirs and assigns, with warranty; by virtue of which he now holds it. And that the said S G, in his lifetime, by his other deed of bargain and sale, dated &c., conveyed

acres more

of said tracts of land to one I C, his heirs and assigns, with warranty. And the said I C, by his deed of bargain and sale, conveyed the said -acres to the said P [defendant], and his heirs and assigns; by virtue of which he now holds it.

And at which court the said N and P prayed the justices of said court, that said action should be continued to the Court of C. P., next to be holden at &c., on &c.; that H and O, executors of the last will and testament of said S G, the aforesaid warrantor, might be notified of such suit pending, and take upon themselves the defence thereof; which was granted by the said court. We command you, therefore, &c. [as in the preceding form.]

Summons and severance.

Summon A B, and C, his wife, together with I K, of &c., and L, his wife, in her right, O, P, and Q, spinsters and infants, who sue by said A B, their next friend; to pursue, if they see cause, an action of ejectment against W &c., begun and prosecuted at our inferior Court &c., held at &c., on &c., by the said &c.; as they, the said &c. are coheirs of one M N, late of &c.; wherein they demand against said W their right, as co-heirs as aforesaid, to a certain tract of land, situate &c. And have you there this writ &c. Rast. 351, 356. CHIPMAN.

BILLS IN EQUITY.

Assignee of mortgagor v. Assignee of mortgagee.

Complains I, of &c., that one S, of &c., was on &c., seized in fee of a certain piece or parcel of land, situate

&c.; and being so seized thereof, did then and there, by his deed of bargain and sale of that date, duly executed &c., convey the aforesaid parcel of land to one Ñ, of &c., to have and to hold the same to him, his heirs and assigns, upon the condition, viz. that if &c., then the above written and foregoing deed to be void. And afterwards, on &c., the said N, by his deed of that date, for a valuable consideration &c., did bargain, sell, transfer, assign, and set over to F, of &c., [respondent,] the above described parcel of land &c. to have and to hold the same to him the said F, his heirs and assigns forever. And afterwards, on &c., the said S, being in actual possession of the premises, by his deed &c., here in court to be produced, conveyed &c, to I [plaintiff] to have and to hold to him, his heirs and assigns; subject to the aforesaid conveyance, in mortgage thereof, to the said N, and upon said condition also, to wit, that if &c.; and that afterwards, on &c., the said I, being then in possession of the said premises, the said S, not having paid at that time any part of the principal sum of money mentioned in the condition of his deed of mortgage, or in any way discharged or performed the same condition, did then and there, by his deed &c., here in court to be produced, for a valuable consideration therein expressed, remise, release &c. to said I, his heirs and assigns forever, all his right &c., to have and to hold the same to the said I, his heirs &c.; by force of all which, the said I, became seized of the right in equity to redeem said piece of land, and entitled to, and had a right to redeem the same, by paying to said F, to whom said mortgaged premises, and the sums of money, mentioned in the condition of said deed of mortgage from said S to said N, were bargained, sold, and assigned as aforesaid, all the sums of money mentioned in said deed of mortgage from said S to said N, and lawful interest, and all damages and costs that had happened or accrued to said N or F, or either of them, by reason of said debts or demands, and of their not having been sooner paid by said S; all which the said F well knew, and thereof, afterwards, on &c., at &c., had notice. And the said I, at &c., afterwards, on &c., in order to redeem said piece of land with the appurtenances, from said F, tendered to him, being then and there in possession of said premises, and holding the same in his own right, by virtue and force of said deed from said N, to him, the said F, as aforesaid, the aforesaid sums of $-, principal money mentioned in the condition of said deed of said S to said

N, and the further sum of $- for the interest of said principal money that was then, or might be due to him, the said F, as aforesaid, after deducting the rents and profits of said land, which he had received, over and above any repairs and improvements made by him or said N, of or upon the premises; and to satisfy and to pay him for all costs that had arisen [as in the condition] or accrued to said F by reason of said sums not having been sooner paid or discharged; the aforesaid sums so tendered being $-; and then and there requested him, the said F, to accept the same and to deliver him possession of said piece of land, and to seal, execute and acknowledge a deed of release and quitclaim thereof, to him, the said I; but he refused to accept the same money, or deliver possession of said land to him, the said I, or execute any deed of release or quitclaim thereof, and wholly denies the right of redemption of the same to him, the said I, and continues to hold him out of the same; to the damage of him, the said I, as he saith, the sum of $-; whereupon he brings this suit, and humbly prays your honors to consider the matter in equity; and producing and lodging here in court, the said sum of money for said F, for him to take such part thereof as may be found to be due, he, the said I, prays to be restored both to the title and possession of the piece or parcel of land aforesaid, and to be allowed his costs. Signed, &c. Swinnerton, jun. v. W. PRESCOTT.

Fuller.

NOTE. This bill was brought on the old act of 1698. See the late Statutes on the subject.

Trust mortgagor v. Administrator and heirs of mortgagee and trustee.

We command you that you summon A, of &c., administrator of the goods and estate of M C, late of &c., deceased, intestate, B, C, &c., being the heirs at law of the said M and F, of &c., to answer to W, of &c., in a case in equity; wherein the said W complains and says, that the said F, on &c., at &c., bid off and purchased for the said W, at his request, the following parcels of land and dwellinghouse, viz. &c. which said parcels of land and dwellinghouse were then and there sold at public vendue, for the sum of $, which said sum was then paid therefor; and thereupon, afterwards, on &c., the same parcels of land and house were conveyed to the said F, to hold in trust for the Isaid W, who had paid the whole consideration therefor, as aforesaid. And afterwards, on the same day of &c.,

the said F, being seized of, and holding said parcels of land and said dwellinghouse in trust for said W, then and there, by his direction and appointment, by his, the said F's, deed of bargain and sale, of that date, by him signed, sealed, and delivered, and duly acknowledged, conveyed in mortgage the said parcels of land, and said buildings, to the said M C, then living, as collateral security for the payment of the sum of $, and lawful interest therefor, which sum the said M C had, on that same day, loaned to the said W for one year then next ensuing, and now past. And the said M C then and there, by her deed of that date, by her signed, sealed, and delivered, and here in court to be produced, acknowledged and agreed, that she had a deed of said F of the parcels of land and buildings aforesaid, for security for the sum of $, that she paid to the said W (meaning, he avers, the said $-, which she had loaned to the said W as aforesaid ;) and that if the said W, his heirs or assigns should pay said sum of $—, and the interest therefor, at or before &c., then next ensuing, then she would convey unto him the said parcels of land and buildings again; but in case the said W did not pay the aforesaid sum of money and interest to her, at or before said - day of &c., then the same land and buildings were not to be conveyed to him, but to be held by her, as by said F's deed was expressed. And she did therein covenant and agree with said 'W, that if he should well and truly pay the said sum of $-, and interest, she would thereupon return him said land.

And the said W says, that the said M C, at the time the said F made and delivered his aforesaid deed to her, as aforesaid, occupied the said house, and part of the land aforesaid, as tenant to the said W; and that she, from that time until her death, which happened on &c. last past, continued to occupy said house, and part of said land as tenant to said W, and that he occupied the other part of said land; and that since the decease of the said M C, the said A, as administrator of her goods and estate, hath entered into said house and land, for and because the condition aforementioned, to be performed by said W, was broken, and hath continued possession unto this time.

And the said W further says, that afterwards, on &c. last past, at &c., he, in order to redeem said house and parcels. of land, tendered and offered to said A, administrator of the goods and estate of said M C as aforesaid, the sum of $-, for the payment of the said sum of $-, due from him to

said A, as administrator as aforesaid, and to secure the payment whereof, said house and parcels of land were conveyed to the said M C as aforesaid, and the lawful interest thereof then due, and all costs which said M C, in her lifetime, and the said A, since her decease, had incurred about or respecting said house and parcels of land, and of all sums of money which he had disbursed and expended in necessary repairs, over and above what the rents and profits thereof amounted to, upon a just computation; and then and there requested him to accept the same, and to deliver possession of the premises to him, and to discharge the said mortgage thereof, by release, quitclaim, or some other legal conveyance. And the said W avers, that the said sum of -, so by him tendered to said A, did then and there exceed the whole principal money, which said house and parcels of land were conveyed to secure the payment of, as aforesaid, and all the interest then due thereon, and all costs which had been incurred by the said M C and said A on account of said house and parcels of land, or debt, together with all sums of money disbursed and expended by said M, in her lifetime, or the said A, or her aforesaid heirs at law, or any of them, since her decease, in repairing the fences. or buildings on said lands, and advancing and bettering said premises, over and above what the rents and profits thereof, received by her, in her lifetime, and the said A, and her said heirs at law, after her decease, did amount to, upon a just computation; and yet the said A, administrator as aforesaid, wholly denies, and the said B, C, &c., the heirs at law of said M C, deceased, wholly deny, and the said F also doth deny the right of redemption of said premises to him, the said W; and they continue to hold him out of the same; to the damage of him, the said W, as he says, the sum of $3000; wherefore he brings this suit, and prays your honors to consider his case in equity, and that, upon his producing and lodging in Court all such sums of money as your honors shall find to be due to the said A, in his said capacity, he may be restored to the title and possession of the dwellinghouse and parcels of land, and other buildings aforesaid. Willridge v. Cross et al. S. J. C., Essex, Nov. Term, 1800. W. PRESCOTT.

Mortgagor v. Mortgagee, to redeem. In a case in equity, wherein the said R complains and says, that on &c., being seized in his demesne, as of fee, of a dwellinghouse, parcel of land, and other buildings thereon, situate