Between Hugh Noden administrator with the will annexed of John Jones, and Judith...

Copy decree.

The scope of the plts bill was to have redemption of lands mentioned, which John Blodwell the uncle (being seized in fee) mortgaged for £600 to Mowcroft, the mortgage being later assigned to John Jones. Blodwell agreed to convey the premises to Jones for £700 in addition to the mortgage, Blodwell paying £150 secured on bond originally entered into with Jones but after assigned to John Lloyd. He was to hand over a deed leading the uses of a common recovery on the premises. The conveyance was dated June 1670, and on 25 June Jones mortgaged the premises to Blodwell to secure payment of the consideration within the year. Blodwell did not deliver the deed as covenated and did not pay and indemnify Jones from the £150. He died before the £700 became payable. Mary Blodwell became his executor. Jones paid £140 on account of the mortgage money and offered to pay the rest on condition of the £150 being paid and the deed given up.

In August 1677 John Jones made his will and devised the premises to Luce his wife and his son Isaac Jones. After John Jones' death, Isaac also died. Luce proved the will and made her will Jan. 1677/8 devising the premises to the plt to be sold for payment of debts which she owed as executrix. The plt Noden sued out letters of administration of the estate of John Jones not yet administered by Luce and the deft John Blodwell as heir. The defts still keep the deed so that the plt cannot sue the tenant for rent. To which the defts councell insists that they received only £113 towards the mortgage and therefore the deft John Blodwell brought his ejectment for default of payment in which he has judgment with stay of execution until the hearing of this cause. The brothers and sisters of John and their children sued the defts in this court for the legacies devised by the testator's will to be paid out of the mortgage money.

It is asserted that the £150 on bond was paid by John Blodwell sen. before the mortgage was made; and that the deed mentioned was, after Blodwell's death, by consent of John Jones and one Mrs. Jones in whose hands it was (because her husband had purchased some other lands concerned in it) delivered in trust to Mr. John Bromley where it still is.

Mary as trustee is willing that the mortgage shall be paid as the court directs so as she may have her costs in all suits and repayment of her husbands debts which she paid out of her own money and that she shall be indemnified from the legacies by decree of the court. The court decrees that the amount due on the mortgage shall be referred to Sir John Franklyn one of the Masters who shall also tax costs and whatever he computes the plts are to pay to Mary on 1 April next, and the deft shall then reconvey and resurrender the premises free from incumbrances (but charged with the money due with costs for the plt. Noden) subject to other trusts as in the will and the plts at their own charges are by consent to use the defts names to recover the deed.

When the deft infant comes of age he shall at the plts' charges suffer a new recovery (if requested); in default of payment by the plts. the plts bill is to stand dismissed; Mary is to be indemnified for cost of reconveying.