The transactions of the High Court of Chancery, both by practice and president,: with the fees thereunto belonging, and all speciall orders in extraordinary cases, which are to be found in the registers office as they are quoated by tearmes yeares & bookes. Collected by that famous lawyer William Tothill Esq; late one of the 6 clearks. And since reveiwed [sic] by Sir Ro: Holborne, bencher of Lincolns-Inne.

[ 164] Trust.

A Conveyance absolute in words, and yet there is a Bruit of a trust, but doubtfull, whether there be a trust or not, and on the hearing the bruit bought the land, yet shall not be concluded by such a bruit, as Sir Tho∣mas Egerton said, Cormvallis Case, 37. & 38. Eliz. And it is not like the use at com∣mon law, neither is the buyer to believe one which would not have him to buy it, if hee tell him there is a trust.

A suit is depending for a Trust, and after upon hearing the Trust is proved, then that is a sufficient notice of trust to any man which buyeth it (hanging the suit) my Lord said, in Diggs and Boys 16. Maii, Pasch. 40. Eliz.

Parramor cont' Zouch, concerning notice of Trust and Purchasors, 9.10. & 11. Jac. and between Peacock and Reynell, or e con', in June 17. Jac. the Decree was Mich. 19. Jac.

Pitts contra Edelph, if a man comming under one that had notice of trust (though he had none) shall be bound, and to examine Witnesses after a hearing upon point of fact, 7. Car.

Farley contra Warmestrey in 13. Car. Citique Trust for wife makes a Lease

not good, but if shee acept rent good.

Vanlore contra Lidall, or e con' look into it, how to remove a trust made for use of Children, a leading case, in 2. Car.

Notes

• Trust.
• The way to remove a trust.