The second part of Reports of cases taken and adjudged in the court of Chancery, from the 20th year of King Charles II. to the first year of Their present Majesties, King William and Queen Mary Being special cases, and most of them decreed with the assistance of the judges, and all of them referring to the register books, wherein are setled several points of equity, law and practice. To which is added, the late great case between the Dutchess of Albemarle and the Earle of Bathe.
England and Wales. Court of Chancery.
Page 62
Barthrop contra West, 23 Car. 2. fo. 744.
THe Plaintiffs Suit is to have the benefit and equity of Redemption of Leases mortgaged,* and other Trust Estates, made liable for the payment of his debt, being on Judgment for 2000 l. and to have a voluntary Deed of Trust set aside, as against the Plaintiff.
This Court decreed the Plaintiff to have the Equity of Redemption to be liable,* and as Assets to satisfie his said debt of 2000 l. and set aside the said voluntary deed of Trust, and all Trust Estate and Surplus thereof after preceding debts paid, to be Assets in Equity for the payment of the Plaintiff:
