56 Charles William Wallace 



def* for the som/ne of fiftie pounds or thereabouts wherewith to 

 relieve their wants and would haue had the said Anne by her- 

 self to have made the said Mortgage to this def. But this def 1 

 then suspecting that the said Complainant and Anne having then 

 by a good space byne in treatie of a mariage betwene them might 

 then be secretlie marryed and so her assuraunce alone nothing worth 

 and nothing at all then doubting that the said Anne had assigned 

 over the said terme of yeeres of & in the said fiveth parte of the 

 said moitie to the said Complainant this def 1 required the said 

 Complainant to ioyne in the said assuraunce of the said terme of 

 yeeres of the said fiveth parte of the said moitie in Mortgage for 

 his said money w ch he the said complainant yeelded vnto And 

 therevpon both the said complainant & the said Anne then con- 

 fessing themselues to be maried ioyned in the said Mortgage to 

 this def 1 and he paid vnto them the said some of 50 1 ' w ch together 

 with 50 s for consideracion for the forbearaunce thereof this def 

 Confesseth was repaid vnto him on the day lym/nitted in & by the 

 said dede of assuraunce in mortgage for the repayment thereof. 

 But this defend 1 did not knowe or thincke that the said Anne had 

 assigned or settover the said terme of yeeres & the said interest 

 of & in the said fiveth parte of the said moitie vnto the said com- 

 plainant w ch if shee had donne this def 1 thincketh he had byne 

 meerely deceived & defrauded of his said 50" if he would haue 

 lent the same w th out the said Complainants ioyning w th the said 

 Anne in the said Mortgage But if any such assignement of the 

 said terme of yeeres was made by the said Anne vnto the said 

 Complainant before the said complainant & the said Anne inter- 

 maried the same was done contrary to the said testato rs meaning 

 in & by his said Last will and to the trust by him reposed in the 

 said Anne thereby & w th purpose to take away & avoid theffect of 

 the said condicion made by the said testato 1 " in his said will w ch 

 was intended for the good & preferment of his children Which 

 Course of dealing this def 1 thincketh deserveth no favo r or relief 

 in any Court of equitie And this def 1 hopeth to prove that the 

 said Anne did not make the said supposed assignem 1 of the said 

 terme of yeeres & interest of & in the said fiveth parte of the said 



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