The Case is, (viz.)

That Thomas Roberts conveyed the Mannor and Lands in question to the De∣fendant Tracy for payment thereof,* and of his other debts; but before that Con∣veyance to Tracy, the Defendant Nicholas standing ingaged as Surety for the said Page  31Roberts for several of the debts, the said Roberts made the said Nicholas a Lease of the premisses for Sixty years at a Pepper-Corn Rent; and such Lease being made, and no care taken for satisfying the debts, the Plaintiffs Sue the said Roberts for their debts, so to avoid such Prosecution, made the aforesaid Conveyance to Tracy in Fee, upon Special Trust to pay all his debts; but Tracy combining with the Defendant Astrey, who had procured the said Nicho∣las to assign his said Lease to him,* after Notice of the Trust, contrived a convey∣ance of the premisses from Tracy to him the said Astrey by way of Bargain and Sale Inrolled, so that Astrey pretends him∣self a Purchasor of the premisses from the said Thomas Roberts, and not under the said Deed of Trust, or Lease and Assign∣ment, and pretends the Trust is destroyed, the said Conveyance being not Inrolled, whereas the said Deed was well executed, and the Trust accepted, by which the said Deed cannot in Equity be made void until payment of the said debts.

The Defendant Astrey insists,* That the Deed to Tracy for the payment of debts was a void Deed, as against a Purchasor, there being no Creditor party or privy Page  32thereto, nor any Schedule of Debts there∣unto annexed, and that the said Convey∣ance was voluntary, and made only be∣tween Roberts and his Wife, and Tracy, and the Creditors not parties thereto; and that by the said Conveyance, Roberts was to have all such Mony out of the premisses, from time to time, as he thought fit for the livelyhood and subsistence of himself, his Wife and Family, and that the said Conveyance to Tracy being volun∣tary,* and in its nature but in Trust for Roberts, and Revokable by him after the Conveyance to Astrey; and Roberts having exhibited a Bill against Tracy, to set aside the said Conveyance, Tracy surrendred the same to Roberts, who Revoked it, and both Cancell'd it; and afterwards Roberts and his Wife conveyed the premisses to Astrey, and levied a Fine thereon.

But the Plaintiff insists, That after the Conveyance to Tracy was made, he declared he would pay the Plaintiffs debts, which is proved by the Plaintiff Sir John Knight.

The Defendant insists,* That Sir John Knight is interessed and intituled to some of the debts in question, and continued a Plaintiff throughout the Cause, and is not struck out of the Bill, and is but a single Witness, and his Evidence denied by the Defendants Answer, and therefore his deposition ought not to be read.

This Court declared, They would see Presidents where a Conveyance made vo∣luntarily for payment of debts, and no Creditors named or appearing in any fix'd certainty of the persons, and with a Pro∣viso for the Grantor to have Maintenance out of the premisses, conveyed for himself and Family, without limitation of how much; whether such Conveyance be Re∣vokable by the Grantor and Grantee.

This Court, with the assistance of the Judges, were clear of Opinion, That the Deed from Thomas Roberts to Tracy, and the Trust thereby created, were made and treated with an honest Intention to pay the debts of the said Thomas Roberts, and that the same was not fraudulent,* though no certainty of the debts appear therein; but the same being made on a Trust, which was a good foundation, and a just and honest Consideration, and none of the Creditors complaining of any fraud, the same ought to be taken as a good Deed, and the De∣fendant Astrey coming in under this Deed, and having Notice of this Trust, and pay∣ing the debts under it, ought to receive no countenance in this Court, but the E∣state ought to be charged with the same, in whose hands soever the same shall come, and decreed the Deed of Purchase from the said Roberts to Astrey be set aside, and Astrey to account for the Profits, &c. Page  34and the Plaintiffs, and all the Creditors, to be paid their debts out of the said E∣state.