The case of Challoner Chute Esquire, upon his appeal from two decrees of the Court of Chancery, obtained against his father and himself, at the suit of the Right Honourable Dorothy Lady Dacre and others. Humbly offered to the consideration of the Lords Spiritual and Temporal in Parliament assembled.

THE CASE OF Challoner Chute Esquire, Upon his Appeal from two Decrees of the Court of Chancery, obtained against his Father and himself, at the Suit of the Right Honourable Dorothy Lady Dacre and others.

Humbly offered to the Consideration of the Lords Spiritual and Temporal in Parliament Assembled.

CHalloner Chute, the Appealants late Grandfather, upon his Marriage with the said Lady Dacre, did by Articles in October 1650. Covenant with Sir Dudley North her Brother, and Mr. Richard Barret her Son, as her Trustees, to purchase, and settle, on the said Lady Dacre, within three Years then next, a Joynture of 500 l. per Annum Value: Or else, that in default of Set∣tling such Joynture, 5000 l. part of a Debt of 7800 l. owing by the Late Earl of Arundel, should be received by the said Lady Dacre or her Trustees, for the Benefit of her, her Executors and Administrators.

After the Marriage, the Appealants said Grandfather purchased a House and Lands of 500 l. per Annum at Rohampton, with an in∣tention to settle the same on the said Lady, pursuant to the said Agreement, and so he declared; but at her Importunity, he was pre∣vailed upon to sell the same to the Countess Dowager of Devonshire, the said Lady Dacre having a good Present from the said Coun∣tess for her Consent: And thereupon she the Lady Dacre, chose to have Sutton-Court, and Lands at Chiswick in the County of Mid∣dlesex (which were of 600 l. per Annum Value, to be Settled on her and her Trustees for her Joynture, (part whereof was of an un∣doubted Title, and other thereof was a Term for Years, held of the Dean of St. Pauls London, and the Inheritance thereof purcha∣sed under the Title of the then Usurping State,) whereupon the 7800 l. was received and disposed of by the Appellant's Grandfa∣ther in his Life time, without any Contradiction of the said Lady and her Trustees, and the said Purchase and Settlement of the said Chiswick-Joynture, was made at the Request of the said Lady, and accepted by her, and her said Trustees, both before and af∣ter the Death of the Appellants said Grandfather, (which happened in 1659) as a full Satisfaction and Performance of the said Mar∣riage-Articles: And the said Lady entred and enjoyed her said Joynture for about two years after her said Husband's Death.

That the said Lady, having a Legacy in Plate and Goods, of about 900 l. Value, given her by her said Husband, and being evicted of Sutton Court by the Deans Restitution, she preferred her Bill in Chancery in her own, and her Trustees Names, against the Appellants Late Father, as Heir and Executor of her said Husband, to have the said 5000 l. as if no Settlement had been made in pursuance of the said Marriage-Agreement, and likewise for the said Legacy of Goods. And in 1664. obtained a Decree against the Appellants Father, for the Sum of 5000 l. and Interest, out of the Assetts Real and Personal of his Father, and also a Decree for her said Legacy of Plate and Goods; although it appeared, that there wanted Assetts to pay Debts and Legacies: And by that Decree, the Reversion of an Estate called the Vine in Hampshire, expectant upon the Appealants Father and Mothers Lives, is subje∣cted as Assetts in Law by Descent, when it should fall, to pay the said Ladies pretented Demand of 5000 l. and Interest.

Soon after the said Decree, the Appealants Father and Mother Dying, and the Reversion thereby falling into Possession, the said Lady obtained a further Decree by Consent against the Appealant. during his Minority, for the Possession of the said Estate, cal∣led the Vine, and for cutting down Wood and Timber, and allowing 40 l. per Annum a piece out of the Appealants Estate, to three of her younger Grand-Children, which by Law she was obliged to maintain; whereby, and by causing her Servant Mr. Owen, to take Administration of the Appealants Fathers Estate; she seized all the Appealants Estate both Real and Personal.

Which Proceedings and Decrees are Erroneous and Unjust.

1. For that the Decree orders 5000 l. and Interest to be paid in respect of Marriage-Articles, that were fully performed, even in the very Letter of them, and to the good liking, and full Satisfaction of the Parties; and when there was no Breach of Covenant, or any Action maintainable upon the said Articles.

2. If there had been a Breach of Covenant, the Plaintiffs had no Equity, but might have pursued their Action at Law; and 'tis Errour for Equity to make a Decree, where there is proper Remedy at Law, especially where Damages are to be Assessed by a Jury.

3. For that no Interest or Damages ought to have been given, in regard the 5000 l. was in Nature of a Penalty, and only is ten Years Purchase for an old Life, Or if any Interest or Damages ought to be given. Yet,

4. For that Interest or Damages are generally given: whereas they should (if any) have been given only to the time of the Decree, as they are always given to the time of the Recovery at Law; and they ought not to be given generally, or to the time of Payment; and Equity ought not to have given Damages, or further Relief than the Law would have done.

5. For that the Decree hath not only given Interest in a Case where none could be given by law, but hath given Interest on a great part of that Interest directly: If it stand, the Lady will have as good as Interest upon Interest throughout.

6. For that the Decree allows the Legacy of Plate and Goods valued by the Decree, at 900 l. when it appears there were no Assetts to pay Debts.

7. For that the Reversion that is made Assetts did not come by Descent, but by Devise to the then Defendant, and therefore ought not to have been made liabie to the pretended Demand of the Lady.

8. For that the Decree against the Petitioner, during his Minority, gives the Lady Dacre, and her Servant Mr. Owen, Liberty to Fell and Cut the Appealants Wood and Timber, which was beyond the Power of the Court to do.

9. For that 120. l. per Annum, is Decreed out of the Appealants Estate, for the maintenance of the Ladies Grand-Children, and whom She is obliged by Law to maintain.

For which Reasons, the Appealant humbly prays the Decrees may be Reversed and set Aside.