Re-amended Bill of Complaint.

PARTIES: 1a. George Smith (since deced) and

b. George Horace Smith and

c. Sidney Stephens Smith.

Plaintiffs.

2a. Sir William Martins

b. John Knowles

c. Richard Foster

d. James Foster

e. Elizabeth Mary Woollright

f. Henry Woollright

g. Mary, wife of 2f.

h. Simon Fawcett

i. Jane, wife of 2h.

j. Francis Rider.

k. Charles Harrison

l. Henry Thomas Thomson

m. George Cleeve

n. Joseph Oliver

o. Ann Holcombe

p. Joseph Clement Delano (out of the Jurisdiction)

q. Thomas Tegg

r. William Lindus.

s. Margaret Mann

t. Robert Scott

u. Charlotte Augusta Ritchie

v. William Ritchie

w. George Evans

x. Edward Watkins Edwards

y. George Samuel Ford

z. Thomas Huggins.

aa. John Goddard

ab. Mary Jane Youde (out of the Jurisdiction).

SUBJECT OF TRANSACTION: In Chancery

Filed - 25th January, 1860.

Amended 25th Oct. by order dated 22 Oct. 1860.

Re-amended 18 Feb. 1861 by order dated 11 Feb. 1861.

Re-amended 13 June 1861 by order dated 31 May, 1861.

The content of nos. 1 - 2. is much the same as that of nos. 1 - 3. in cat. no. Hey XI/ii/4.

3. Charles Greenaway survived his mother and entered into possession of the rents of the estates and the interest of the uninvested produce of the estates as tenant for life under the will and continued in possess. until his d.

4. Mary Youde d. June 1817 leaving the defendant M.J. Youde how residing at Boulogne-sur-mer, France (out of the jurisdiction of the court) her only child.

5. Nov. 1839 James Gibbs (since deced). applied to the late plaintiff George, Smith, as solicitor of Edward Youde since deced. to know whether the late Geo. Smith was willing to advance money on a grant of an annuity.

6. James Gibbs stated to Geo. Smith that the annuity would be secured by a judgement and by a collateral charge on very large freehold and other property in Glos. and elsewhere and to stock to which the defendant M.J. Youde (then age 27) was entitled in reversion on the d. of Charles Greenaway.

7. James Gibbs said that he was engaged in arranging the affairs of Edward Youde and an advance was necessary to settle some outstanding claims for which Edward Youde and his dau. had become liable and for their immediate maintenance and support.

8. James Gibbs required £3,200 and the late plaintiff Geo. Smith agreed to advance this in return for an annuity of £500 during the life of M.J. Youde.

9. James Gibbs undertook to prepare such securities and to deliver them duly executed in return for the £3,200 consideration.

10. Geo. Smith did not think it necessary to employ a solicitor and paid the £3,200 to James Gibbs as solicitor to Edward Youde and M.J. Youde and received in exchange an indenture of 16 Nov. 1839.

11. In March 1840 James Gibbs again applied to Geo. Smith for a further sum of £1,913.7.2d. as the previous sum was not sufficient making with the £3,200 the total of £5,113.7.2. for purchase of an annuity of £820 to be secured in the same manner as that for £500 which annuity it was agreed should be released.

12. Geo. Smith consented and paid James Gibbs the £1,913.7.2d. and also gave him the indenture of 16 Nov. 1839 and all securities relating thereto.

13. Next day James Gibbs delivered to the plaintiff Geo. Smith an indenture of 14 March 1840 between (1) Edward Youde (2) Mary Jane Youde (3) James Gibbs (4) George Smith and (5) Thomas Stephens (since deced) which recited the will of Giles Greenaway and his death and the probate and recited that the testator's son Charles Greenaway and his wife were still then living but that Charles Greenaway had no issue and that Mary Youde had d. leaving M.J. Youde her only child.

In consideration of an annuity of £500 and the arrears and also in consideration of £1,913.7.2. Edward Youde and M.J. Youde as his surety confirmed to Geo. Smith an annuity of £820 for term of 99 yrs. if M.J. Youde should so long live and M.J. Youde and James Gibbs in respect of a term of 1,000 yrs. granted by an indenture of 16 Nov. 1839 to Thomas Stephens all the manors etc. which M.J. Youde or any person in trust for her might become entitled either in tail or for life or for any other estate or interest either in possession remainder reversion expectancy or otherwise under the settlement and the will of Giles Greenaway and also all sums of money, bank annuities and premises by the will of Giles Greenaway bequeathed to trustees upon the trusts and all messuages etc. which should have been purchased with the said monies, bank annuities etc. pursuant to the trusts of the will of Giles Greenaway and to which M.J. Youde or any person in trust for her might become entitled either in rail or for life or for any other estate either in possession remainder reversion expectancy or otherwise under the will of Giles Greenaway and also the sum of £4,410. new £3.10s. % Bank Annuities and all other the bank annuities etc. to which M.J. Youde should be entitled by virtue of an indenture of 30 Sept. 1811 but subject to all charges and incumbrances and all the estate right title etc. of M.J. Youde and James Gibbs under the indenture of 6 Nov. 1839 being the grant of the annuity of £500 thereby released - to hold the said premises etc. to Thomas Stephens for term of 1,000 yrs. in trust. M.J. Youde covenanted that if she should survive Charles Greenaway and he should die without issue without having barred his or their estate tail then M.J. Youde at the request of Geo. Smith and Thomas Stephens execute all such deeds etc. to barr all estates tail and remainders and reversions thereupon expectant or depending in all the manors etc. to which M.J. Youde should become entitled by virtue of the marriage settlement of Charles Greenaway or the will of Giles Greenaway and for vesting them in Thomas Stephens for the residue of the term of 1,000 yrs. upon the same trusts. Thomas Stephens to stand seized of the premises etc. upon trust to permit Edward Youde and M.H. Youde to receive the rents etc. thereof until default should be made in the payment of the annuity of £820 but upon default to enter upon the premises and sell the same and out of the proceeds pay the costs, then satisfy the mortgages and incumbrances and then pay Geo. Smith the arrears of the annuity and invest the surplus in £3% Consolidated Bank Annuities to use the dividends, and if not enough then part of the principal, in paying future payments of the annuity and after the determination of the annuity upon trust for Edward Youde and M.J. Youde according to their respective estates and interests therein. Edward Youde and M.J. Youde as his surety also executed a warrant of attorney of even date with the indenture to confess a judgement v. Edward Youde and M.J. Youde at the suit of the late plaintiff Geo. Smith for £11,000, such judgement to be for the better securing the payment of the annuity of £820 and no execution to be taken out upon the judgement until the annuity was in arrears. Indenture contained a proviso for the repurchase of the annuity on payment of £5,605.

14. The indenture by executed by Edward Youde and M.J. Youde at Ostend and a memorial of the indenture enrolled.

15. The sum of £1,913.7.2d. was paid to Edward Youde and the same retained by him. Late Plaintiff Geo. Smith, on the application of James Gibbs as solicitor for Edward Youde and M.H. Youde, executed a release of the annuity of £500.

16. James Gibbs as such solicitor and with the consent of Geo. Smith caused satisfaction of the annuity to be entered on the memorial roll.

17. No payment was made of the annuity of £820 and Edward Youde and M.J. Youde left Ostend and the late Plaintiff Geo. Smith has no means of ascertaining their place of residence until after the d. of Edward

18. Edward Youde appointed Thomas Stephens and M.J. Youde his executors and devised his real and personal estate to M.J. Youde and d. July 1846 leaving M.J. Youde his sole heiress at law and the Plaintiff has ascertained that the whole of the real estate of Edward Youde was sold and the whole produce used in payment of his mortgage and other specialty debts.

19. His will proved by Thomas Stephens but Edward Youde was insolvent at the time of his d. and left no personal assets the same having been sworn to be under the value of £20.

20. May 1857 the late plaintiff Geo. Smith, discovered that M.J. Youde who was then tenant in tail or quasi tenant in tail in remainder under the will of Giles Greenaway of the estates, stocks, monies etc. expectant on the d. of Charles Greenaway without issue was living at St. Martin's Town, Dorset and the Plaintiff commenced an action v. M.J. Youde on the covenants contained in the indenture of 14 March 1840 for recovery of arrears of the annuity then amounting to £13,940.

21. Defendant M.J. Youde pleaded 3 separate pleas (1) Non est factum (2) that the deed was obtained by fraud (3) that no memorial was enrolled.

22. late plaintiff Geo. Smith took issue upon the 1st and 2nd pleas and replied to the 3rd by setting of the memorial of the deed and the enrollment thereof.

23. To the 3rd plea M.J. Youde rejoined by putting in issue the said memorial and the action was about to come to trial when the defendant M.J. Youde consented to give judgement and an order of 27 Nov. 1857 pronounced that the Defendant withdrew her pleas and suffered judgement for the sum of £13,940 and costs plus interest - total of £14,350. The plaintiff the late Geo. Smith undertaking not to issue any writ of ca. sa. or other personal writ upon the judgement or take further proceedings under the annuity deed during the life of Charles Greenaway.

24. 28 Nov. 1857 the late Geo. Smith signed judgement and the same was registered and M.J. Youde issued with a writ of elegit on such judgement

25. Samuel Higgs d. leaving Robert Hurst (his co - trustee in the will of Giles Greenaway) surviving.

26. - 28. similar to nos. 7 - 9 in cat. no. Hey/XI/ii/1.

27. 25 Nov. 1859 Charles Greenaway d. without issue when M.J. Youde became entitled as trnant in tail in possession or absolutely to the estate, stock, monies and premises comprised in the will of Giles Greenaway.

30. M.J. Youde on the d. of Charles Greenaway became entitled as tenant in tail or in fee to the estate of Gt. and Little Barrington and other estates under the marriage settlements of Giles and Charles Greenaway and are now chargeable with the annuity but the plaintiffs have been unable to discover particulars of such estates or of the settlements under which M.J. Youde became entitled thereto.

31. Thomas Stephens d. Aug. 1855 having appointed Samuel Edward Donne his sole exeuctor who proved the will and is the sole legal personal rep. of the said Thomas Stephens and also of Edward Youde.

32. late plaintiff Geo. Smith adhered to the terms of the order but on hearing of the d. of Charles Greenaway applied to M.J. Youde to pay the arrears of the annuity or to come to some arrangement but was not able to effect such an arrangement and wanted to enforce his securities and, although he had been assured at the time of purchasing the annuity that the heredits. in the indenture of 14 March 1840 were free from incumbrances, he discovered that the same heredits. have been assured to parties as a security for annuities and which annuities were prior to and chargeable upon the said estate in priority to the indenture of 14 March 1840 and indenture of 16 Nov. 1839.

33. the defendant Sir William Martins insists that on 25 Sept. 1835 an indenture was made between (1) Edward Youde (2) Mary Jane Youde (3) Sir William Martins then described as William Martins (4) James Gibbs wherein Edward Youde and M.J. Youde as his surety granted to Sir William Martins for term of 99 yrs. if M.J. Youde should so long live an annuity of £788 and which recited an indenture of 17 Sept. 1835 between (1) Edward Youde (2) Mary Jane Youde (3) John Goddard and (4) James Gibbs by which Edward Youde in consideration of £6,100 granted to James Gibbs certain estates in county of Denbigh for securing the said annuity and M.J. Youde as surety for Edward Youde granted to James Gibbs all manors etc. to which she or any person in trust for her should become entitled either for life or in tail or for any other estate or interest under the settlements and in the will of Giles Greenaway and also of the bank annuities, trust monies and premises bequeathed by will of Giles Greenaway to the trustees of his said will upon the trusts thereof and all messuages etc. which should have been purchased by the bank annuities etc. and in which she or any person in trust for her should become entitled for life or in tail or for any other estate or interest under the will of Giles Greenaway - to hold to James Gibbs for term of 99 yrs. if M.J. Youde should so long live upon trust for the better securing the payment of the annuity of £960 to John Goddard. Recited the arrangements made between Sir William Martins and Edward Youde and M.J. Youde for the better securing the payment of the annuity of £788 to Sir Edward Martins and agreed that subject to the annuity of £960 to John Goddard and to other incumbrances prior to the annuity of £788 James Gibbs should stand possessed of the premises, bank annuities and monies granted to him and of all powers conferred on him by the indenture of 17 Sept. 1835 upon trust subject and without prejudice to the prior incumbrances for securing the payment of the annuity of £788 to Sir William Martins. Provision for the repurchase of the annuity on payment of £5,197.

34. Discharge of annuity of £788 granted by indenture of 1st Sept. 1835 and sums of £2,000, £1,200 and £1,800 was the consideration of the last mentioned indenture which sums of £2,000, £1,200 and £1,800 were the consideration for annuities of £315, £189 and £ which were discharged by the indenture of 1 Sept. 1835 and in lieu the annuity of £788 was granted by the indenture of 25 Sept. 1835.

35. Defendant Sir William Martins alleges that Edward Youde and M.J. Youde signed a warrant of attorney to enter up judgement for £10,000 as a collateral security for the annuity and the plaintiffs have discovered that their signatures were attested by a clerk of James Gibbs as the solicitor acting for Sir William Martins.

36. Defendant Sir William Martins alleges that the legal estate in the heredits. comprised in the plaintiffs securities of 14 March 1849 is vested in the reps. of James Gibbs upon the trusts of the indenture of 25 Sept. 1835.

37. Defendant Sir William Martins alleges that a memorial of the indenture was enrolled and that the judgement under the warrant of attorney was registered against Edward Youdeand M.J. Youde for the sum of £10,000 and alleges that the judgement is still in force, he also alleges that notice of the indenture of 25 Sept. 1835 was given to the trustees of the will of Giles Greenaway at or immediately after its execution.

38. the late plaintiff Geo. Smith and the plaintiffs George Horace Smith and Sidney Stephens Smith have ascertained that the last mentioned indenture was the last of a series of transactions between Sir William Martins and his money agent and solicitor James Gibbs who was employed by him to procure investments at high rates of interest and to procure such investments and for his own profit induced Edward Youde to grant annuities.

39. Plaintiffs have ascertained that the earlier of such grants of annuities were arranged and carried out by Sir William Martins and James Gibbs with Edward Youde who was then in possess. of a large estate in Plas Madoc but it was afterwards discovered that Edward Youde had no title to this estate and a fresh arrangment was entered into for substituting the reversionary interest of M.J. Youde who was about to attain 21 yrs. for the Plas doc estate and inducing her to become surety for her father and charging the same on her reversionary interest to which she was entitled on attaining 21 yrs.

40. The Plaintiffs have ascertained that Sir William Martins constantly employed James Gibbs as such solicitor and agent from 1832 - 1843 (when James Gibbs became bankrupt) not only in regard to transactions with Edward Youde but in other similar transactions and all monies advanced by Sir William Martins and all monies received by him or by James Gibbs on his account were entered in books kept by James Gibbs and Sir William Martins and from which copies were made by James Gibbs and delivered and settled by Sir William Martins and such accounts are now in the possess of Sir William Martins and ought to be produced to discover the true nature of the series of transactions on which the indenture of 25 Sept. was founded.

41. Plaintiffs think that the first of these transactions was 16 June 1832 between (1) Edward Youde called Edward Lloyd Youde (2) Sir William Martins then William Martins in consideration of £1,200 an annuity of £185 was granted during the lifetime of Edward Youde.

42. Sir William Martins alleges that a memorial of this indenture was enrolled.

43. Plaintiffs have ascertained that the consideration in the last indenture was purely fictitious and the sum of £1,200 was borrowed by James Gibbs from his own bankers for the purpose of being placed on the table on execution of the deed and was immediately returned to James Gibbs who paid it back to the bankers andcredited Edward Youde in accounts between them for £1,200 there being a large balance due to Edward Youde on such accounts which balance has not been paid.

44. Plaintiffs have ascertained that on 29 June 1832 an indenture was executed between (1) Edward Youde called Edward Lloyd Youde and (2) Sir William Martins in consideration of £800 for an annuity of £125 during the lifetime of Edward Youde, the same was charged on the Plas Madoc estate.

45. Sir William Martins alleges that a memorial of this indenture was enrolled but the plaintiffs have discovered that the consideration of £800 was borrowed by James Gibbs and was immediately on execution of the deed returned to James Gibbs and James Gibbs credited Edward Youde for £800 in his accounts there being a very large balance due from James Gibbs to Edward Youde which balance has not been paid.

46. The plaintiffs are advised that under the circumstances the grants of the annuities of £185 and £125 are void and that any attempt to use them as the consideration for the grant of another annuity would be a fraud but shortly after the execution of the last mentioned indenture the title of Edward Youde to the heredits. was found to be bad and Sir William Martins through the procurement of James Gibbs induced M.J. Youde to become surety for her father for the payment of the annuities and to charge her reversionary interest comprised in the Plaintiffs securities on the pretence that the money advanced to her father on the grant of a new annuity should be used in discharge of the 2 former grants which were represented to her to be valid.

47. M.J. Youde was induced to enter the said arrangement and she believed that her father's title to the Plas Madoc estate was valid and formed a complete security for the annuities secured thereon and Sir William Martins and James Gibbs also induced Edward Youde who was aware that he had no title to the Plas Madoc estate in consideration of a pretended payment of £700 to execute an indenture of 9 May 1835 in which he granted an annuity of £110 which was purported to be secured on the PlasMadoc estate.

48. No memorial of the last mentioned deed was enrolled, the deed was a pretence and executed only for the purpose of making it appear that the amount of the annuities granted by Edward Youde was greater than it really was at the time the same was executed that it should be redeemed prior to be expiration of the period during which it was necessary that the enrollment should be entered.

49. The Plaintiffs have ascertained that the payment of the consideration of £700 was a pretence and the money was immediately after execution of the deed returned to James Gibbs who credited Edward Youde with it in his account but the large balance due to Edward Youde has not been paid.

50. 16 May 1835 M.J. Youde was induced to execute an indenture between (1) Edward Youde (2) Mary Jane Youde (3) Sir William Martins for consideration of £2,000 there was a grant of an annuity of £315 payable during the life of M.J. Youde and M.J. Youde was also induced to execute as a collateral surety for the annuity a warrant of attorney to confess judgement for £4,000.

51. Sir William Martins alleges that a memorial of the last mentioned indenture was enrolled but the plaintiffs have ascertained that the payment of the consideration was false and were inserted solely to create a false impression as to the validity of the indenture and to defraud the defendant M.J. Youde.

52. The Plaintiggs have ascertained that Sir William Martins did not advance any money for the last mentioned annuity and in his accounts with Sir William Martins James Gibbs debited Sir William Martins with £2,000 and afterwards created a fictitious credit in favour of Sir William Martins for monies pretended to be paid for redemption of the annuities granted by the indentures of 16 June and 29 June 1832.

53. The plaintiffs have ascertained that no money was received by James Gibbsor Sir William Martins for the redemption of the annuities and the consideration on which the grant of the annuity of £315 was founded existed only in a fictitious account between James Gibbs and Sir William Martins in which no monies actually passed on either side.

54. The Plaintiffs have ascertained that the 2 post bills for £1,000 each were obtained by James Gibbs by a loan from his own bankers and placed on the table at the execution of the indenture of 16 May 1835 and then returned to James Gibbs and Edward Youde's account credited with them but no part of the large balance due to Edward Youde has ever been paid and the only consideration obtained by Edward Youde was a mere credit in account.

55. The Plaintiffs have ascertained that M.J. Youde at the time of the execution of the last indenture has no knowledge that the sum of £2,000 was to be used in satisfaction of any former annuities or otherwise than for the support of her father and herself or (if she had such knowledge) that such annuities were void as having been granted on fictitious consideration and charged on estates to which Edward Youde had no title. At the time of execution M.J. Youde believed that Edward Youde was entitled to the Plas Madoc estate and her execution of the indenture of 16 May 1835 merely nominal.

56. 22 May 1835 M.J. Youde was again induced to execute indenture between (1) Edward Youde (2) Mary Jane Youde (3) Sir William Martins in which an annuity of £189 payable during the life of M.J. Youde was granted in consideration of £1,200 and also to execute as a collateral security a warrant of attorney to confess judgement for £2,400. Alleged by Sir William Martins that a memorial of the indenture was entered and the plaintiffs have ascertained that the payment of the bank post bills of £1,000 and £200 was a pretence and intended to createa false impression as to the validity of the indenture and to defraud M.J.Youde.

57. Plaintiffs have ascertained that the defendant Sir William Martins did not advance any money and apart from £500 which Sir William Martins was credited by James Gibbs James Gibbs did not have any money belonging to Sir William Martins but that fictitious entries were made in which Sir William Martins was debited £1,200 and James Gibbs acterwards created a fictitious credit in favour of Sir William Martins for monies pretended to be paid in redemption of the annuity of 9 May 1835.

58. Plaintiffs have ascertained that no money was received by James Gibbs or by Sir William Martins for the redemption of the annuity of £220 and the consideration existed only on a fictitious account between James Gibbs and Sir William Martins in which no monies passed.

59. The plaintiffs have ascertained that James Gibbs borrowed the £1,200 from his own bankers and the bills were placed on the table on execution of the deed and then returned to James Gibbs who credited Edward Youde with the £1,200 but no benefit was derived by Edward Youde and the balance of the account has never been paid by James Gibbs.

60. The Plaintiffs ascertain that M.J. Youde had no suspicion that the £1,200 was to be applied in satisfaction of any former annuity and that such annuity was void under the circumstances and also at the time of the execution of the indenture she believed that Edward Youde was the owner of the Plas Madoc Estate and her executi on merely nominal.

61. 6 June 1835 M.J. Youde induced to execute an indenture between (1) Edward Youde (2) Mary Jane Youde (3) Sir William Martins in consideration of £1,800 in post bills an annuity of £284 was granted during the life of M.J. Youde and was also induced to execute as a collateral security a warrant of attorney to confess judgement for £3,600.

62. alleged by Sir William Martins that a memorial of the last mentioned indenture was enrolled but the plaintiffs have ascertained that the alleged payment was a pretence and inserted solely to give a false impression as to the validity of the indenture and to defraud M.J. Youde

63. The Plaintiffs have ascertained that Sir William Martins did not advance any money and apart from a sum of £800 and of £84 credited by Sir William Martins on 3 June James Gibbs did not have any money of Sir William Martins sufficient for the purpose but a fictitious entry was made by Sir James Gibbs in which he debited Sir William Martins with £1,800.

64. the Plaintiffs have ascertained that the consideration in the indenture of 6 June 1836 existed only as a fictitious credit entered in the accounts and no monies passed on either side.

65. James Gibbs borrowed the consideration from his own bankers and immediately after execution it was returned to him and Edward Youde credited with it etc.

66. Sir William Martins had been advised by James Gibbs that the indentures were invalid v. M.J. Youde and liable to be set aside andinduced M.J. Youde to execute an indenture of 1 Sept. 1835 between (1) Edward Youde (2) Mary Jane Youde (3) Sir William Martins in which in consideration of the discharge of the annuities of £315, £189 and £284 and in consideration of the £2,000, £1,200 and £1,800 alleged to have been paid at the time of the grant of the annuities Edward Youde granted an annuity of £788 during the life of M. J. Youde and M. J. Youde was also induced to join with Edward Youde in executing a warrant of attorney as collateral security but no memorial was entered as it had been arranged that the indenture of 25 Sept. 1835 should be executed within the time limited by the statute and that the indenture of 25 Sept. shoule be taken as and by way of substitution for the indenture of 1 Sept. 1835.

67. The several memorials of the indentures mentioned in the last indenture as having been released were afterwards vacated. It is not even alleged that M.J. Youde received any consideration for any of the annuities and was only induced to execute them under false representations by Sir William Martins and James Gibbs that the monies had been paid and that the indentures were valid and binding on her and her estate and under the representation of Sir William Martins and James Gibbs that Edward Youde was seized of the Plas Madoc estate which was more than sufficient to answer all the annuities and that M.J. Youde did not incur any liability in executing the indenture.

68. During the whole of greater part of the transactions James Gibbs acted as solicitor of Sir William Martins and also as solicitor and advisor of Edward Youde and M.J. Youde and Edward Youde and M.J. Youde were never advised by any separate solicitor and none of the warrants of attorney were every attested or prepared by the advice of any solicitor on behalf of Edward Youde or M.J. Youde and at the time of execution they were ignorant of their contents and Sir William Martins was aware that Edward Youde and M.J. Youde acted under great pressure from James Gibbs who falsely represented that he was a creditor to a large amount on the balance of the accounts and that if they had been aware of the circustances and state of the accounts between Edward Youde and James Gibbs they would not have been induced to execute any of the securities.

69. Appears from the accounts of James Gibbs produced at the time of his bankruptcy that Sir William Martins rarely if ever advanced any monies to James Gibbs for the purchase of the annuities but that James Gibbs pretended to have been paid and that James Gibbs credited Edward Youde in his accounts with the consideration sums but no monies ever passed on the transactions the result being that owing to the balance due to Edward Youde from James Gibbs Edward Youde did not receive any consideration for the annuities.

70. the accounts between James Gibbs and Edward Youde contain entries of costs unnecessarily occured and fines for renewal of annuities paid to Sir William Martins of a very high and extortionate and fraddulent character would not be allowed in any accounts taken under the direction of this court.

71. Plaintiffs charge that under the circumstances the indenture of 25 Sept. 1835 under which Sir William Martins claims to have the first charge on the heredit. contained in the Plaintiff's securities was executed for no consideration and is void. and ought to be set aside or postponed to the Plaintiff's securities.

72. similar to no. 31 in cat. no. Hey/XI/ii/4.

73. John Knowles and Richard Foster also allege that a memorial of the indenture was enrolled in which the party beneficially interested in the annuity was John Foster and in which the consideration for the annuity was £13,000 (£11,841.0.5d. for the repurchase of 3 annuities of £960, £400 and £258 plus £1,158.19.7d. residue).

74. 22 Aug. 1838 John Foster recovered judgement v. Edward Youde and M.J. Youde for £26,000.

75. Summary of nos. 35. - 39. in cat. no. Hey/XI/ii/4.

76. Defendants John Knowles and Richard Foster alleged that 22 Sept. 1859 John Foster d. having appointed them and James Foster his executors and that the will was proved by them but not by James Foster and that the annuity is vested in them as his executors and that there are great arrears and also allege that the judgement is valid and is entitled to priority over the judgement obtained by thelate plaintiff Geo. Smith dated 28 Nov. 1857.

77. Indenture of 21 July 1838 was the last of a series of transactions originating between William Foster and his money agent and solicitor James Gibbs who induced Edward Youde to grant annuities which were carried out by William Foster and James Gibbs in a like manner as to those carried out by Sir William Martins and James Gibbs when Edward Youde was in possess. of the Plas Madoc Estate but the plaintiffs have ascertained that when it was discovered that Edward Youde had no title to this estate William Foster (an the advice of James Gibbs) adopted a similar plan to that of Sir William Martins and induced M.J. Youde to become surety for her father and to charge the annuity on her own reversionary property to which she was entitled on attaining 21 yrs.

78. William Foster in the habit of employing James Gibbs as his solicitor and money agent from before 1833 - 1837 and that John Foster so employed James Gibbs from 1837 until the time of his bankruptcy.

79. James Gibbs in the beginning of 1833 or end of 1832 ascertained that Edward Youde had no title to the Plas Madoc estate and, as William Foster was also aware, insolvent and William Foster and James Gibbs induced M.J. Youde (who had attained 21 yrs. in Sept. 1833) to substitute her reversionary interest in lands etc. which were made subject of the indenture of 21 July 1838 as a security for annuities granted by her father on the Plas Madoc estate.

80. William Foster and James Gibbs induced M.J. Youde to execute an indenture of 17 Sept. 1835 (for summary see. no. 17 in cat. no. Hey/XI/ii/4. and at the time of executing the indenture M.J. Youde believed and had been led by William Enster and James Gibbs to believe that Edward Youde was to have the whole of the consideration of £6,000 for his own use and that the title of her father to the Plas Madoc estate was undisputed and would form the first security and the liability to herself and her estates was nominal.

81. Defendants John Knowles and Richard Foster allege that a memorial of the indenture was enrolled but the plaintiffs have discovered that the consideration was not paid by William Foster who did not pay any money except £600 which was placed by James Gibbs to the credit of the account kept by him with William Foster but for the purpose of making it appear that the consideration was paid out of monies of William Foster James Gibbs made fictitious entries in the accounts kept by him with William Foster by which W.F. was debited with £6,100 and the whole of the amount of the consideration was made up of a great variety of items pretending to show that the consideration money had been paid by William Foster.

82. James Gibbs borrowed the consideration from his own bankers and it was laid on the table at the time of the execution of the deed and then returned to James Gibbs.

83. The notes borrowed by James Gibbs were paid to his bankers on 19 Sept. 1835 on which day James Gibbs credited Edward Youde with £6,100 and upon this account a large balance was then due to Edward Youde and has never been paid to Edward Youde and he, under the circustances, received no consideration for the grant of the annuity.

84. 3 Oct. 1835 further indenture (for details see no. 21. in cat. no. Hey/XI/ii/4.)

85. John Knowles and Richard Foster allege that a memorial of this indenture was enrolled but the plaintiffs allege that no consideration money was paid by them and that James Gibbs did not have sufficient money of William Foster to provide the consideration but in the accounts William Foster appeared to be debited with £2,400 when £600 was the only sum credited to him. James Gibbs borrowed the consideration from his bankers and it was placed on the table on the execution of the deed and then returned to James Gibbs who credited Edward Youde in his accounts with £2,400 which was not paid to Edward Youde and who, under the circumstances, did not receive any consideration for the grant of the annuity.

86. The same notes, or the greater part of them were repaid by James Gibbs to his bankers within a few days.

87. At the time the defendant M.J. Youde executed the last indenture the fact that the title of Edward Youde to the Plas Madoc estate had failed was concealed from her and she believed that the same would be primarily liable upon any judgement to be entered under the warrant of attorney and that her father was to have the full benefit over the £2,400 and the liability of herself and her estates would be nominal.

88. 30 Sept. 1837 M.J. Youde induced to execute an indenture (for details see no. 25. in cat. no. Hey/XI/ii/4.) and also a warrant of attorney (for details see no. 26 in cat. no. Hey/XI/ii/4.) but M.J. Youde believed that the whole of the consideration of £1,650 was paid to her father and that his title to the Plas Madoc estate was undisputed and would form the first security for the annuity and the liability of herself and her estates would be nominal.

89. the defendants John Knowles and Richard Foster allege that a memorial of the indenture was enrolled but the plaintiffs have ascertained that the consideration was not paid by William Foster nor by John Goddard and that James Gibbs did not have enough money of William Foster to provide for the consideration and fictitious entries were made by James Gibbs by which William Foster was debited with £1,650 and afterwards with further sums for payments for a redemption fine and a sum of £340 was credited to William Foster as a douceur for the pretended advance.

89a. no consideration passed from William Foster to Edward Youde but James Gibbs borrowed the sum from his bankers and it was laid on the table and then immediately returned to James Gibbs.

90. the money was paid back by James Gibbs to his bankers on 3 Oct. and he credited Edward Youde with the £1,650 in which account a large balance was then due to Edward Youde which balance still remains unpaid and thus Edward Youde received no real consideration.

91. William Foster appointed Thomas Foster, John Foster, James Foster and George Holgate Foster his executors and bequeathed the residue of his real and personal estate to his son the defendant Richard Foster and also appointed him residuary legatee. He appointed his executors guardians of his son and d. 16 Nov. 1837, the will was proved by John Foster and George Holgate Foster and the annuities of £960, £400 and £258 became vested in them in trust for the testator's son Richard Foster.

92. John Foster is possessed with the 3 annuities in trust with George Holgate Foster and was advised by James Gibbs that the annuities were founded on considerations which were invalid and determined to obtain a new indenture from M.J. Youde by way of substitution and they, with the assistance of James Gibbs, leading M.J. Youde to believe that the indentures were valid and that Edward Youde had received the full consideration obtained an indenture of 21 July 1838 executed by M.J. Youde claimed by John Knowles and Richard Foster as having a charge on the estates and in which it was pretended that the annuities released had been granted in respect of money paid to Edward Youde at the time of the granting of the annuities.

93. no transfer of the 3 annuities was made to John Foster on his own account and he did not become beneficially interested other than as one of the executors and in trust for Richard Foster and the plaintiffs state that the statement in the memorial that John Foster was beneficially interested in the annuity is false and no proper memorial of the indenture enrolled and also that if the consideration was ever paid then it was paid out of the assets of William Foster and not out of the monies of John Foster.

94. M.J. Youde did not receive any consideration for any of the annuities and only executed the indentures of 17 Sept. 1835, 3 Oct. 1835 and 30 Sept. 1837 under the misrepresentations of William and John Foster and of James Gibbs that the monies had been paid to her father, and under the belief that they were binding on her father and his estate.

95. After the indenture of 21 July 1838 the indentures of 17 Sept. 1835, 3 Oct. 1835 and 30 Sept. 1837 were delivered up to Edward Youde and the memorials vacated and John Knowles and Richard Foster do not as executors her John Goddard nor James Gibbs or his reps. claim any interest under them.

96. the balance of the consideration and the memorial thereof was, as in the case of the other grants of annuities in favour of William Foster, a pretence, James Gibbs had not any monies of William Foster and borrowed money from the bank which were laid on the table at execution and then returned to James Gibbs who credited the sum to Edward Youde (together with a further sum of £250 alleged to have been received from the defendant Joseph Oliver for a similar transaction) making a total of £1,408.19.8d. The money borrowed by James Gibbs he returned to his bankers and the balance due to Edward Youde amounted to £14,441.15s. which has not been paid.

97. The balance of the considerations for the redemption of the annuities was carried by James Gibbs in account to the credit of John Foster and George Holgate Foster (as executors of William Foster) and no money passed at the time of the execution of the indenture of 21 July 1838 and under the circumstances with regard to the state of the accounts between James Gibbs and Edward Youde and the fact that the annuities pretended to be redeemed were invalid wholly without consideration and fraudulent as against M.J. Youde.

98. Plaintiffs charge that during the transactions as regards William Foster and John Foster James Gibbs acted as attorney and solicitor of Edward Youde and M.J. Youde as well as of William Foster and John Foster and Edward Youde and M.J. Youde were induced, as William Foster and John Foster were aware, to execute the indentures and sign warrants of attorney without the advice of an independent solicitor and, as William Foster and John Foster knew, under great pressure from James Gibbs on the pretence of the state of accounts subsisting between James Gibbs and Edward Youde and James Gibbs, acting in concert with William Foster and John Foster, never gave Edward Youde the opportunity of examining the reverse of the impression created and had Edward Youde and M.J. Youde known the content of the indentures and securities and of the state of the accounts they would not have executed the securities. Neither John Foster nor George Holgate Foster executed any transfer of the annuities to Richard Foster but John Foster, who survived George Holgate Foster, devised all estates vested in him as trustee or mortgagee to his bro. the defendant James Foster and the plaintiffs are advised that the 3 annuities are now vested in James Foster upon trust for Richard Foster.

99. It appears from the books of James Gibbs that the transactions re. the annuities were carried on as between John Goddard (a relation or friend of James Gibbs) and the said John Foster and James Gibbs on a system of mutual credits entered by James Gibbs and apart from the production of the bank notes no monies actually passed for the considerations. The plaintiffs charge that James Gibbs being indebted to Edward Youde in a very large balance the entries by which Edward Youde was credited were fallacious and Edward Youde did not receive any part of the considerations such grants, under the circumstances, being without consideration.

100. The plaintiffs charge that the indenture of 21 July 1838 under which John Knowles and Richard Foster claim to have a charge on the estates and heredits. comprised in the plaintiff's securities were executed for no consideration, or for no real consideration, and are void and ought to be set aside or at all events postponed to the plaintiffs securities.

101. Defendant Elizabeth Mary Woollright alleged by an indenture of 15 Dec. 1835 between (1) Edward Youde (2) Mary Jane Youde (3) William Tuppen (since deced.) (4) James Gibbs Edward Youde and M.J. Youde in consideration of £700 granted to William Tuppen an annuity of £100 for 99 yrs. if M.J. Youde should so long live and M.J. Youde granted the lands and he redits. comprised in the plaintiffs' securities to James Gibbs for a term of yrs. for securing the annuity. and also executed a warrant of attorney to confess judgement as a collateral security and that a memorial of the indenture was enrolled.

102. Elizabeth Mary Woollright alleges that William Tuppen d. 8 Dec. 1840 having appointed her his sole executrix and she has proved the will and his sole legal personal rep.

103. Plaintiffs dispute the validity of the indenture of 15 Dec. 1835 and the warrant of attorney and enrolment (if they were executed) because M.J. Youde executed them on the understanding that a prior annuity granted by herself and Edward Youde by an indenture of 30 May previous was a valid charge on the estates of M.J. Youde and should be redeemed and the securities vacated out of the purchase monies for the annuity of £110 granted by the indenture of 15 Dec. 1835 but no part of the purchase money was applied for redeeming any former annuity and the former annuity was alleged to have been granted by an indenture of 30 May 1835 and was for an annuity to William Tuppen of £78.10s. during the life of M.J. Youde in consideration of £500 and M.J. Youde covenanted that the same should be a charge on the lands and heredits. comprised in the plaintiffs securities and it was alleged that a memorial was enrolled in which the consideration was truly stated.

104. the £500 consideration in the last indenture was not advanced by William Tuppen neither had James Gibbs sufficient money of William Tuppen to cover this but in the fictitious accounts kept by James Gibbs William Tuppen was debited with £700 and other amounts for the redemption of the indenture of 30 May 1835 and a redemption fine and arrears of the annuity.

105. James Gibbs acted throughout as the solicitor and money agent of William Tuppen and borrowed from his own bankers the £500 which was placed on the table at the time of execution and immediately returned to James Gibbs who credited Edward Youde with it in his accounts but the balance in the account although greatly in favour of Edward Youde was never satisfied.

106. the indenture of 30 May 1835 which Edward Youde and M.J. Youde were induced to believe had been repurchased was void but the purchase money for the annuity of £110 in the indenture of 15 Dec. 1835 was not paid but the money had been borrowed by James Gibbs, placed on the table at the time of execution and then returned to James Gibbs who credited Edward Youde with £700 in his accounts.

107. In both the transactions William Typpen employed James Gibbs as his solicitor and agent for the purpose of laying out monies and an account was kept between them and William Tuppen frequently examined these accounts and was cognisant with the circumstances attending the alleged payment of the consideration.

108. Edward Youde and M.J. Youde were induced to believe that a sufficient portion of the consideration for the annuity of £110 was to be used in the repurchase of the annuity of £78.10s. and the consideration for the last mentioned indenture was never paid or accounted for to Edward Youde.

109. M.J. Youde did not receive any portion or any benefit out of the purchase money for the annuities and was induced to execute the same under the false representation of William Tuppen and his solicitor James Gibbs that the purchase monies were actually paid to her father for their support and on the representation that she incurred no liability by executing the indenture as her father was entitled to the Plas Madoc estate and the annuities were effectually secured thereon.

110. Plaintiffs advised that under the circumstances no money passed to Edward Youde and that Edward Youde and M.J. Youde did not receive any bona fide consideration for the indentures of 30 May 1835 and 15 Dec. 1835 and that under the circumstances the indentures are void as against the plaintiffs securities and ought at any events to be postponed to the indenture of 14 March 1840.

111. indenture of 19 Jan. 1836 for annuity of £251 - for details see nos 15 in cat. no. Hey/XI/ii/5.

112. warrant of attorney duly enrolled re above - for details see nos. 15. and 16. in cat. no. Hey/XI/ii/5.

113. similar to no. 18. in cat. no. Hey/XI/ii/5.

114. the plaintiffs have ascertained that no consideration was paid in respect of the indenture of 19 Jan 1836 but that James Gibbs drew out the money from his bankers which was laid on the table at the time of execution and then returned to James Gibbs who repaid the notes to his bankers and credited Edward Youde with the £1,600 in his accounts the said James Gibbs being a debtor to Edward Youde by balance of such accounts in £22,569.0.8d. which has not been paid.

115. Joseph Toogood did not advance any consideration for the last mentioned annuity and James Gibbs did not have sufficient money of Joseph Toogood to cover it but fraudulent entries were made in the accounts debiting Joseph Toogood with £1,600 and then showing an apparent fund by which the payment of the consideration might be supposed to be made.

116. Henry Woollright and Mary Woollright pretend that by an indenture of 25 April 1835 in consideration of £1,000 an annuity of £157 during the life of M.J. Youde was granted to Joseph Toogood and that M.J. Youde covenanted to charge the same on her reversionary interest in the lands and heredits. comprised in the plaintiffs' securities.

117. Henry Woollright and Mary Woollright also allege that Edward Youde and M.J. Youde also signed a warrant of attorney to confess judgement as a collateral security for the annuity and that a memorial of the annuity was enrolled.

118. Henry Woollright and Mary Woollright pretend that £1,109.9.3 appearing in the accounts to have been credited to Joseph Toogood was credited for the repurchase of the annuity of £157 but the plaintiffs' have ascertained that the £1,000 and the £109.9.3d. for arrears was never actually paid and the sum of £1,000 was merely pretended to be paid by a post bill which had been obtained by James Gibbs laid on the table at the time of execution and then returned to James Gibbs who credited Edward Youde with the £1,000 in his accounts - the balance in these accounts was greatly in favour of Edward Youde and has never been paid.

119. The £1,000 was settled in amount between Joseph Toogood and James Gibbs as his solicitor and the annuity granted by the indenture of 25 April 1835 was never repurchased but the transaction was a fraud upon Edward Youde and M.J. Youde no consideration passed or been given for the annuity or its redemption.

120. Even if it were not a fraud on Edward Youde it was a fraud on M.H. Youde who was induced to believe that Edward Youde received the whole of the consideration and that he was the owner of the Plas Madoc estate on which the annuity was secured and that it would not become chargeable on her reversionary interest.

121. Under the circumstances no money consideration passed in the indentures of 19 Jan. 1836 and 25 April 1835 and that both indentures are void as against the plaintiffs' securities or ought to be postponed to the indenture of 14 March 1840.

122. Defendants Simon Fawcett and Jane Fawcett and Francis Rider allege an indenture of 23 Jan. 1836 between (1) Edward Youde (2) Mary Jane Youde (3) Thomas Dodsworth (since deced) and (4) James Gibbs in consideration of £1,825 an annuity or £287.8.9d. was granted to Thomas Dodsworth for term of 99 yrs. if M.J. Youde should so long live and M.J. Youde demised the lands and heredits. comprised in the plaintiffs' securities to James Gibbs for term of yrs. for securing the said annuity.

123. They also allege that Edward Youde and M.J. Youde signed a warrant of attorney as a collateral security for the annuity and that a memorial of the annuity was enrolled.

124. They also allege that the annuity of £287.8.9d. was granted £126 p.a. to Thomas Dodsworth £136 in trust for Vincent Bywell since deced. and £35.8.9d. in trust for John Williams also since deced.

125. The plaintiffs have ascertained that the consideration was not paid and that James Gibbs had no money of Thomas Dodsworth on his hands and borrowed £1,825 from his own bankers which was laid on the table at the time of execution and then returned to James Gibbs who returned the notes to his bankers and credited Edward Youde with the £1,825 in his accounts James Gibbs at the time being indebted to Edward Youde in £23,108.7.4d. over and above the sum of £1,825 which has never been paid.

126. Defendants Simon Fawcett, Jane Fawcett and Francis Rider pretend that James Gibbs applied a portion of the £1,825 in the redemption of an annuity of £175 granted by an indenture of 19 May 1835 and in the redemption of an annuity of £32 granted by an indenture of 14 July 1835 and that Edward Youde was allowed credit in the accounts with the monies paid for such redemptions and that satisfaction was entered on the record of the annuities and the grants vacated.

127. the indentures of 19 May 1835 and 14 July 1835 were, as Thomas Dodsworth, Vincent Bywell and John Williams were aware, void and Edward Youde and M.J. Youde were induced to execute the indenture of 23 Jan. 1836 in pursuance of a scheme between James Gibbs and Thomas Dodsworth, Vincent Bywell and John Williams to cover the defect in the former grants and to give new security for the amount of the annuities.

128. on 19 May 1835 Edward Youde and M.J. Youde were induced by James Gibbs to execute an indenture in consideration of £1,100 for grant of an annuity of £173.15s. for term of 99 yrs. if M.J. Youde should so long live to Thomas Dodsworth and the indenture was accompanied by a warrant of attorney and a memorial of the grant enrolled.

129. At the time of the indenture James Gibbs had no monies of Thomas Dodsworth but procured 2 bank post bills from his own bankers which were laid on the table at the time of execution and then returned to James Gibbs who returned them to his bankers and credited Edward Youde with them in his accounts and at the time James Gibbs was greatly indebted to Edward Youde which balance has not been paid.

130. Defendants Simon Fawcett, Jane Fawcett and Francis Rider allege that of the annuity £78.15s. was payable to Thomas Dodsworth, £63 in trust for Vincent Bywell and £31.10s. in trust for John Williams and that the purchase money was applied in the redemption of annuities of £90 and £32 granted by indentures of 11 May 1832 and 14 June 1832 the memorials whereof were vacated and entries made of the payments made in respect thereof in the accounts between James Gibbs and Thomas Dodsworth and the defendants Vincent Bywell and John Williams.

131. Plaintiffs have ascertained that the indentures of 14 May and 14 June 1832 are void, the consideration was not paid to Edward Youde as was stated in the memorials of such annuities but credited in the accounts. M.J. Youde was induced by Thomas Dodsworth and James Gibbs to believe that they were valid and binding on Edward Youde and that he was in danger of being sued and, also induced her to execute the indenture of 19 May 1835 by pressure from James Gibbs who misrepresented the state of the accounts between himself and Edward Youde and in pursuance of a scheme between James Gibbs and Thomas Dodsworth induced her to execute the indenture on her coming of age. Thomas Dodsworth Vincent Bywell and Thomas Williams did not pay the consideration and James Gibbs did not have any money in his hands belonging to them sufficient for its payment but made fradulent entries in the accounts by which he debited them with the consideration and afterwards the same was credited for the redemption of the annuities of 11 May 1832 and 14 June 1832 and also for pretended redemption fines and arrears.

132. Under the circumstances no money passed for the redemption of either of the annuities and the entries were fictitious and under the circumstances the indenture of 19 May 1835 ought to be set aside and was not capable of being used as a consideration for any further grant of any annuity.

133. Defendants Simon Fawcett, Jane Fawcett and Francis Rider allege an indenture of 14 July 1835 in consideration of £200 an annuity of £32 was granted to Thomas Dodsworth and M.J. Youde covenanted to charge the annuity on her reversionary property comprised in the plaintiffs' security.

134. They also allege that it was accompanied by a warrant of attorney and that a memorial was enrolled.

135. The plaintiffs have ascertained that the consideration of £200 was a pretence between James Gibbs and Thomas Dodsworth and that James Gibbs did not have any money of Thomas Dodsworth and obtained a loan from his bankers of £200 which was placed on the table at the time of execution and then returned to James Gibbs who credited Edward Youde with the £200 and with £300 for a similar transaction and James Gibbs was indebted to Edward Youde in a balance far exceeding the sums credited to him on account and which balance has not been paid.

136. Under the circumstances no consideration passed for the indenture of 14 July 1835 and the same was void against Edward Youde and M.J. Youde and wholly incapable of being used as a consideration for any further grant of any annuity.

137. Defendants Simon Fawcett, Jane Fawcett and Francis Rider allege an indenture of 23 Jan. 1836 in consideration of £1,825 an annuity of £287.8.9d. was granted to Thomas Dodsworth for a term of 99 yrs. if M.J. Youde should so long live and M.J. Youde demised the lands and heredits. comprised in the plaintiffs' securities to James Gibbs for a term of yrs. in trust for securing the annuity.

138. Thomas Dodsworth did not advance any consideration for the last mentioned annuity and James Gibbs did not have any money in his hands belonging to Thomas Dodsworth, Vincent Bywell and John Williams sufficient for its payment but debited Thomas Dodsworth with £800 for his portion in the accounts between them and afterwards credited for the pretended redemption of the annuities of the 19 May 1835 and 14 July 1835 and for pretended redemption fines and appears.

139. A similar plan of creating credits in favour of Vincent Bywell and John Williams by means of false entries in the accounts was adopted with ref. to their proportions of the annuities pretended to be discharged. Under the circustances no money passed by James Gibbs, Thomas Dodsworth Vincent Bywell and John Williams for the redemption of the annuities and the account entries are fictitious and the indenture of 23 Jan. 1836 was void against Edward Youde and M.J. Youde and incapable of being used as consideration for any further grant of any annuity.

140. Defendants Simon Fawcett, Jane Fawcett and Francis Rider allege an indenture of 18 Nov. 1837 in consideration of £312 an annuity of £48 was granted for term of 99 yrs if M.J. Youde should so long live and M.J. Youde demised the lands and heredits. comprised in the plaintiffs' securities to James Gibbs for term of 1,000 yrs. in trust for securing the annuity.

141. Indenture was accompanied by a warrant of attorney for a collateral security and a memorial was enrolled.

142. Defendants Simon Fawcett and Jane Fawcett allege that the annuity was granted to Thomas Dodsworth £32 for himself and £16 remainder in trust for John Williams.

143. The £312 consideration was not paid to Edward Youde but James Gibbs with the assistance of Thomas Dodsworth obtained notes for £310 from James Gibbs bankers which were placed with £2 cash on the table at execution and then returned to James Gibbs who repaid the notes and credited Edward Youde with £312.

144. At the time James Gibbs was indented to Edward Youde in several thousand pounds which has not been paid and Edward Youde did not receive any consideration for the grant of the annuity.

145. Under the circustances the indenture of 18 Nov. 1837 is void and ought at all events to be postponed to the Plaintiff's securities.

146. Thomas Dodsworth d. 1845 and his will was proved by his executor Anthony Appleton with power reserved for Jane Hardy to prove the same. Anthony Appleton d. and Jane Hardy proved the will and became sole personal rep. of Thomas Dodsworth and afterwards married Simon Fawcett.

147. Vincent Bywell d. 1836 and his will was proved by his executor Francis Rider who became his sole personal rep.

148. John Williams d. about 1854 but no will was proved and no letters of administration taken out by any person relative to his estate.

149. Defendant Charles Harrison alleges an indenture of 13 Aug. 1839 in consideration of £3,400 an annuity of £532 was granted to William Henry Savage for term of 99 yrs. if M.J. Youde should so long live and M.J. Youde demised the heredits. and premises comprised in the plaintiffs' securities to Thomas Stevens for term of 1000 yrs. for securing the annuity.

150. Charles Harrison alleges that Edward Youde and M.J. Youde also signed a warrant of attorney by way of a collateral security and that a memorial of the grant was enrolled.

151. Charles Harrison alleges that William Henry Savage d. July 1850 having appointed him his executor who proved the will and is now his sole legal personal rep.

152. The last mentioned indenture is fraudulent it was executed in pursuance of an arrangement between William Henry Savage and James Gibbs who acted as his solicitor and agent solely for giving validity to a series of previous transactions between William Henry Savage and James Gibbs for placing money in the hands of James Gibbs which he was in the habit of carrying into his account with Edward Youde and in which Edward Youde was debited with large amounts which were never actually paid into his account and also with large costs.

153. Neither Edward Youde nor M.J. Youde received any consideration for the last indenture and the same would be valid (sic) if operated to the injury of Edward Youde and M.J. Youde without their deriving any benefit.

154. The £3,400 was not paid to Edward Youde and M.J. Youde but as placed before Edward Youde at the time of execution and then returned to James Gibbs who credited Edward Youde with £2,969 (£3,400 less costs of £431). William Henry Savage did not pay any consideration and James Gibbs did not have sufficient money of William Henry Savage for this but in the accounts debited William Henry Savage with £3,400 and then credited for the redemption of the grants of annuity of 18 Nov. 1837, 22 Dec. 1837 and 13 Nov. 1838 and for pretended fines and arrears.

155. Under the circumstances no money passed for their redemption and the entries are fictitious.

156. James Gibbs although acting as solicitor for William Henry Savage debited Edward Youde with £431 for costs and James Gibbs was at the time indebted to Edward Youde in balance exceeding £6,533. 13s. which has never been paid.

157. The 3 annuities of £156, £110 and £234 formed the series of transactions for which Edward Youde and M.J. Youde were induced to execute the indenture of 13 Aug. 1838 and they were void and no real consideration was paid to Edward Youde and M.J. Youde.

158. William Henry Savage prior to June 1835 had been in the habit of employing James Gibbs as his solicitor and agent for laying out monies for him and in 7 Nov. 1837 gave James Gibbs £350 for which James Gibbs credited him in the accounts and on 28 Nov. 1837 James Gibbs induced Edward Youde and M.J. Youde to execute an indenture in consideration of £1,000 they granted an annuity of £156 to William Henry Savage during the life of M.J. Youde and she covenanted to charge the annuity on the lands and heredits. in the plaintiffs's securities.

159. James Gibbs also induced Edward Youde and M.J. Youde to sign a warrant of attorney as a collateral security and enrolled the grant of the annuity but the £1,000 consideration was placed before Edward Youde at the time of execution and then returned to James Gibbs who credited Edward Youde with £1,000 and James Gibbs was indebted to Edward Youde in a large amount which balance has not been paid and Edward Youde did not receive any consideration for the grant. William Henry Savage did not advance any consideration other than the £350 but fraudulent entries were made by James Gibbs debiting William Henry Savage with £1,000 and then credited for certain arrears of annuities.

160. No money passed on the transaction and no money was received by James Gibbs or William Henry Savage for arrears of the annuities and the entries are fictitious, under the circumstances the indenture of 18 Nov. 1837 was executed without any consideration and is void and the same ought to be postponed to the plaintiffs' securities.

161. As regards the indenture of 22 Dec. in 1837 William Henry Savage placed £700 in the hands of James Gibbs and James Gibbs induced Edward Youde and M.J. Youde to execute this indenture in consideration of £700 they granted an annuity of £110 to William Henry Savage for term of 99 yrs. if M.J. Youde should, so long live and M.J. Youde demised the lands and heredits. comprised in the plaintiffs' securities to James Gibbs for a term of yrs. to secure the said annuity

162. James Gibbs also induced Edward Youde and M.J. Youde to sign a warrant of attorney as a collateral security and caused a memorial of the grant to be enrolled.

163. As regards the indenture of 13 Nov. 1838 William Henry Savage placed £1,500 in the hands of James Gibbs and James Gibbs induced Edward Youde and M.J. Youde to execute the indenture of that date where in consideration of £1,500 they granted to William Henry Savage an annuity of £234 for term of yrs. if M.J. Youde should so long live and M.J. Youde demised the lands and heredits. comprised in the plaintiffs' securities to James Gibbs for a term of yrs. for securing the annuity.

164. James Gibbs also induced Edward Youde and M.J. Youde to sign a warrant of attorney as a collateral security and also caused a memorial of the grant to be enrolled.

165. Neither of the sums of £700 and £1,500 were paid to Edward Youde but were merely credited to Edward Youde in the accounts and James Gibbs was indebted to Edward Youde in a very large amount which has never been paid and Edward Youde never received any benefit from the said monies. The sums of £700 and £1,500 said to have been paid were borrowed by James Gibbs, as solicitor of William Henry Savage from his own bankers, laid before Edward Youde at the time of execution and then returned to James Gibbs who repaid them to his bankers and credited Edward Youde with the amounts.

166. There are two entries in the accounts, one for £700 and one for £1,916.2.9d. which is pretended to include the £1,500 and also a sum of £416.2.9d. obtained from Joseph Clement Delano a defendant.

167. None of the 3 annuities were legally redeemed as pretended by James Gibbs but were comprised by him with William Henry Savage for his own benefit James Gibbs charging Edward Youde with the full amount when the consideration for the redemption consisted of much smaller amounts which were not paid but which were credited to William Henry Savage.

168. at the time Edward Youde and M.J. Youde were induced to execute the indenture of 13 Aug. 1839 they believed that the 3 annuities were valid and subsisting charged on the lands and heredits. and that the consideration plus as much as was necessary from the balance then due to Edward Youde from James Gibbs would be applied for the redemption of the annuities and a considerable sum would remain in the hands of Edward Youde for their benefit.

169. Under the circumstances the indenture of 13 Aug. 1839 is void and ought at any events to be postponed to the plaintiffs' securities.

170. Indenture of 5 June 1838 between (1) Edward Youde (2) Mary Jane Youde (3) Henry Thomas Thomson (4) James Gibbs in consideration of £1,300 Edward Youde and M.J. Youde as his surety granted an annuity of £208 for term of 99 yrs. if M.J. Youde should so long live and M.J. Youde, as surety, demised to James Gibbs all manors, etc. to which she, or any personin trust for her, might become entitled either for life or in tail or for any other estate or interest and either in possession remainder reversion expectancy or otherwise under the marriage settlement of Charles Greenaway and - the will of Giles Greenaway and also all bank annuities, monies and premises bequeathed to his trustees by the will of Giles Greenaway to which M.J. Youde or any person in trust for her might become entitled - to hold to James Gibbs upon trust to secure the annuity of £960 and also subject to an annuity of £960 to John Goddard and to other annuities of £788, £610, £400, £360, £110, £258, £86, £156, £176, £48 and £110 and to several other charges.

171. Defendant Henry Thomas Thomson alledges that the indenture was executed and a memorial enrolled.

172. A notice in writing of the indenture of 5 June 1838 was served on George Henry Drew as solicitor of Robert Henry Hurst and also on George Henry Drew the solicitor of M.J. Youde and on David Elwin. Colombine the solicitor of the late plaintiff George Smith.

173. the indenture of 5 June 1838 was founded on 2 grants of annuities by indentures of 13 Oct. 1835 and 18 Nov. 1837 and sometime previous to the date of the first Henry Thomas Thomson had been in the habit of employing James Gibbs as his solicitor and money agent and frequently paid monies to James Gibbs for that purpose on an account subsisting between them.

174. Indenture of 13 Oct. 1835 between (1) Edward Youde (2) Mary Jane Youde (3) John Goddard which James Gibbs induced Edward Youde and Mary Jane Youde to execute in consideration of £750 for a grant of an annuity of £125 for term of 99 yrs. of M.J. Youde should so long live and of which £102 part of the consideration was to be paid by John Goddard (as trustee of Henry Thomas Thompson) as the time of execution.

175. Edward Youde and M.J. Youde also signed a warrant of attorney as a collateral security and a memorial of the grant was enrolled but John Goddard and/or Henry Thomas Thomson did not advance the consideration and James Gibbs did not have sufficient money of Henry Thomas Thomson but debited Henry Thomas Thomson with £102 and by similar fictitious entries was credited for the pretended redemption of an annuity alleged to be held by him from Lord Glenlyon and for redemption fines and arrears also pretended to have been received

176. no money was received by James Gibbs or Henry Thomas Thomson for the pretended redemption of the annuity and the entries are fictitious.

177. As regards the indenture of 18 Nov. 1837 Henry Thomas Thomson placed £507 in the hands of James Gibbs and later £200 and James Gibbs as his solicitor induced Edward Youde and M.J. Youde to execute this indenture where in consideration of £1,100 they granted Henry Thomas Thomson an annuity of £176 for term of 99 yrs. if M.J. Youde should so long live and M.J. Youde charged the annuity on heredits. and premises comprised in the plaintiffs' securities.

178. Edward Youde and M.J. Youde were also induced to sign a warrant of attorney as a collateral security and a memorial of the indenture was enrolled.

179. Henry Thomas Thomson did not advance any monies other than the total of £707 and James Gibbs did not have sufficient money of Henry Thomas Thomson but in the accounts debited Henry Thomas Thomson with £507 and £500 and by other fictitious entries credited him for the pretended redemption of an annuity held by him from Edward Youde and for redemption fine and arrears.

180. no money was received by James Gibbs or Henry Thomas Thomson for the pretended redemption and the entries are fictitious.

181. Neither of the sums of £750 and £1,100 was paid but were placed before Edward Youde at the time of execution and then returned to James Gibbs who credited Edward Youde with the same in his account.

182. Previous to the execution of the indenture of 18 Nov. 1837 James Gibbs had induced Edward Youde to believe that James Gibbs had arranged to redeem the annuity of £125 and it was for that purpose that Edward Youde covenanted to execute the last indenture but Henry Thomas Thomson did not advance any money as consideration other than £71.6s. placed in the hands of James Gibbs neither did James Gibbs have sufficient money of Henry Thomas Thomson but in the fictitious entries in the accounts debited him with sums of £500 and £800 and by similar entries credited him for the pretended redemption of the grants of an annuity then held by him from Edward Youde and for redemption fines and arrears.

183. No money was received by James Gibbs or by Henry Thomas Thomson for the pretended redemption of the annuity and the entries are fictitious.

184. Edward Youde and M.J. Youde were induced to execute the indenture of 5 June 1838 under the impression that the annuity granted by the indenture of 18 Nov. 1837 was valid and that the whole of the £750 had been applied in its redemption and were induced to execute the last mentioned indenture to redeem the annuity of £125 it having been arranged between Henry Thomas Thomson and James Gibbs that he being indebted to Edward Youde in the accounts should redeem the last mentioned annuity.

185. The consideration of £1,300 was never paid to Edward Youde and the only sum paid by the defendant Henry Thomas Thomson was £7166s. which he paid to James Gibbs and James Gibbs borrowed £1,300 from his hankers which were placed before Edward Youde at the time of execution and then returned to James Gibbs who credited Edward Youde with the £1,300 in his accounts and was then (exclusive of The £1,300) indebted to Edward Youde in £4,360.17s.

186. Balance due to Edward Youde was not paid and no money passed on the transaction and Edward Youde did not receive, neither did M.J. Youde, any consideration for the annuity.

187. Under the circumstances the indenture of 5 June 1838 is void and ought to be postponed to the plaintiffs' securities.

188. Defendant George Cleeve states that by an indenture of 24 Sept. 1839 between (1) Edward Youde (2) Mary Jane Youde (3) George Cleeve (since deced.) and (4) Thomas Stephens then a clerk in the employ of James Gibbs in consideration of £4,625 George Cleeve was granted an annuity of £740 for term of 99 yrs if M.J. Youde should so long live and M.J. Youde demised the lands and heredits. comprised in the Plaintiffs' securities to Thomas Stephens for term of 1,000 yrs. for securing the same.

189. George Cleeve also alleges that Edward Youde and M.J. Youde also signed a warrant of attorney as a collateral security and that a memorial of the grant was enrolled.

190. George Cleeve d. 1849 having appointed the defendant George Cleeve, John George Lacy and Andrew Bennett Maunder his executors who proved the will.

191. John George Lacy and Andrew Bennett Maunder are both d. and the defendant George Cleeve is now the sole legal personal rep. of the said George Cleeve deced.

192. the last mentioned indenture was grounded on an indenture of 5 June 1838 which the defendant George Cleeve alleges was redeemed by means of the consideration to be paid for the annuity of £740 granted by the indenture of 24 Sept. 1829.

192. From 1824 George Cleeve deced. employed James Gibbs as his solicitor and money agent and there was an account made by James Gibbs for George Cleeve up to 1842 and in 1838 George Cleeve desired that the account be settled and alleged that there was then due from James Gibbs £3,750 and James Gibbs formed a scheme for satisfying such balance out of the purchase money for an annuity to be granted by Edward Youde to George Cleeve deced.

194. James Gibbs with the cognisance of George Cleeve deced. induced Edward Youde to execute the indenture or 5 June 1838 in which in consideration of £3,730 Edward Youde and M.J. Youde granted George Cleeve deced. an annuity of £507 for term of 99 yrs. if M.J. Youde should so long live and M.J. Youde demised the heredits. comprised in the plaintiffs' securities to James Gibbs for a term of yrs. upon trusts for securing the annuity.

195. Edward Youde and M.J. Youde signed a warrant of attorney as a collateral security and a memorial of the annuity was enrolled.

196. The £3,730 was not paid to Edward Youde as the consideration but at the time of execution bank notes were produced before Edward Youde and then repaid by James Gibbs to his own bankers and he credited Edward Youde in his accounts with £3,370.

197. a further scheme was arranged between James Gibbs and George Cleeve deced. that James Gibbs should induce Edward Youde and M.J Youde to execute the aforesaid indenture.

198. No part of the consideration in the indenture of 24 Sept. 1839 was paid but James Gibbs laid the money before Edward Youde at the time of execution and then paid the balance of £7.400 to George Cleeve deced. under the pretence that it was paid for the redemption of the annuity granted by the indenture of 5 June 1838.

199. The only benefit Edward Youde received from the transactions was ah entry in the accounts crediting Edward Youde with £4,040 (the consideration for the annuity of 24 Sept. 1839 less £585 for costs) but James Gibbs was actually indebted to Edward Youde in £7,152.2.6d. and Edward Youde was a greater loser by the transaction. George Cleeve did not pay any consideration for the annuity and James Gibbs did not have sufficient money of George Cleeve but made a fictitious entry debiting George Cleeve with £4,625 and then crediting him with the pretended redemption and the redemption fine and arrears.

200. No money was ever received by James Gibbs or George Cleeve for the pretended redemption and the entry is fictitious.

201. Under the circumstances the indenture of 24 Sept. 1839 is void and ought to be postponed to the Plaintiffs' securities.

202. Defendant Joseph Oliver alleges that by an indenture of 20 July 1838 between (1) Edward Youde (2) M.J. Youde (3) Joseph Oliver and (4) James Gibbs in consideration of £250 Joseph Oliver was granted an annuity of £40 for term of 99 yrs. if M.J. Youde should so long live with proviso that if the annuity be in arrears then James Gibbs could enter on the premises to distrain and Edward Youde released divers messuages etc. to James Gibbs to which Edward Youde was entitled as was pretended the Plas Madoc estate upon the trusts of the indenture and also demised to James Gibbs other messuages etc. on the same trusts for term of 100 yrs. if Edward Youde should so long live and M.J. Youde demised to James Gibbs her manor etc. to which she or any person in trust for her should become entitled under the marriage settlement of Charles Greenaway and also all sums of money, bank annuities etc. which were bequeathed by the will of Giles Greenaway and premises bought therewith to which she, or any person in trust for her, might become entitled for term of 1,000 yrs. and she also covenanted that if she survived Charles Greenaway and he should die without issue and without having harred his her or their estate tail then M.J. Youde would execute deeds etc. for barring all estates tail and remainders and reversions. Proviso for repurchasing the annuity at a cost of £250 plus arrears.

203. Joseph Oliver alleges that a memorial of the indenture was enrolled and that in Trinity Term 1838 he recovered judgement v. Edward Youde and M.J. Youde for £500 and this is the judgement referred to in the indenture.

204. £250 consideration was never actually paid and the alleged payment was a pretence on the part of Joseph Oliver and his solicitor James Gibbs.

205. Defendant Joseph Oliver had been in the habit of employing James Gibbs as his solicitor and confidental agent and used to place money in the hands of James Gibbs for the purpose of it being invested and an account of the sums and investments was kept by James Gibbs.

206. In July 1838 James Gibbs was indebted in the account with Joseph Oliver to £250 and he induced Edward Youde and M.J. Youde to execute the indenture of 9 July 1838 but the £250 consideration was laid on the table at the time of execution and then returned to James Gibbs who credited Edward Youde with £250 in his accounts (being included in a sum of £1,408.19.8d) the said James Gibbs being indebted to Edward Youde on such account with £14,441.15s. which has not been paid.

207. Under the circumstances the indenture of 20 July 1838 is fraudulent and ought to be postponed to the Plaintiffs' securities.

208. Defendant Anne Holcombe alleges an indenture of 3 Sept. 1838 between (1) Edward Youde (2) Mary Jane Youde (3) John Goddard (4) William Holcombe (deced) and (5) James Gibbs, consideration of £4,803.3.1d. and £647.9.8d. alleged to have been paid by William Holcombe to John Goddard at the request of Edward Youde for the repurchase of annuities of £610 and £86 granted to John Goddard and in consideration of £1,547.7.3d. Edward Youde and M.J. Youde granted an annuity of £1,080 to William Holcombe for term of 99 yrs. if M.J. Youde should so long live and M.J. Youde granted to James Gibbs all manors etc. which she or any person in trust for her might become entitled either in tail or for life or for any other estate either in possession remainder reversion expectancy or otherwise under the settlement and will of Giles Greenaway and also all monies, bank annuities and premises by the will of Giles Greenaway to which she or any other person in trust for her might become entitled - to hold to James Gibbs for term of 1,000 yrs. for the securing of the payment of the annuity.

209. A memorial of the indenture was enrolled.

210. William Holcombe d. 20 Nov. 1847 and Anne Holcombe, Thomas Grose, Abraham Turner and Robert Thomas Searles were named his executrix and executors in his will and they proved the same and by virtue of a deed poll of 28 Feb. 1850 Anne Holcombe became entitled to all the residuary personal estate of William Holcombe and by a deed of 7 March 1850 between the other executors and herself they assigned for her own use and benefit the said residuary personal estate including the annuity of £1,080.

211. Anne Holcombe alleges that the £7,000 was paid by William Holcombe on the 3 Sept. 1838 and that the annuity is considerably in arrear and as the indenture of 3 Sept. 1838 is prior in date to the indenture of 14 March 1840 her claims ought not to be postponed to the claims of the Plaintiffs.

212. The Plaintiffs have discovered that the £7,000 was not paid to Edward Youde at the time of execution but with the exception of £45 he was not paid any consideration for the grant of the annuity of £1,080.

213. from some time previous to 1833 up to 1842 William Holcombe was accustomed to deal largely in annuity transactions through James Gibbs whom he employed as his solicitor and money agent and John Goddard was a friend of William Holcombe and an account existed through the period with respect to the annuity transaction.

214. James Holcombe was indebted to William Holcombe on such accounts in £1,000 and was in expectation of receiving £2,908.5.2s. on the repurchase of an annuity granted by Lord Glenlyon to William Holcombe and James Gibbs entered into an arrangement with John Goddard, with the privity of William Holcombe, that a security should be procured from Edward Youde and M.J. Youde to John Goddard in which the consideration should be £3,800. In an indenture of 26 Sept. 1835 between (1) Edward Youde (2) Mary Jane Youde (3) John Goddard and (4) James Gibbs Edward Youde with M.J Youde as his surety granted an annuity of £610 to John Goddard for term of 99 yrs. if M.J. Youde should so long live. James Gibbs also procured a warrant of attorney for securing the annuity and a memorial of the indenture and of the warrant of attorney was enrolled.

215. The monies expected from Lord Glenlyon were not received and James Gibbs knowing that the £3,80 would not be required borrowed the sum from his bankers which was laid on the table at the time of execution and then returned to James Gibbs who credited Edward Youde with the sum of £3,800 in his accounts and charged him with a large sum for costs William Holcombe and John Goddard did not advance the consideration and James Gibbs did not have sufficient money of William Holcombe in his hands but made fictitious entries in the accounts debiting William Holcombe with £3,800 and then by similar entries credited with the redemption of certain annuities pretended to be held by William Holcombe and for redemption fines and arrears.

216. No money was received by James Gibbs or William Holcombe for the pretended redemption of the annuities and the entries to that effect are fictitious.

217. At that time James Gibbs was in the habit of accepting bills for monies payable to Edward Youde's account and use the money and had at the time a balance of £9,738.3s. belonging to Edward Youde previous to the credit and this was increased to £13,538.3s.

218. In 1837 William Holcombe, James Gibbs and John Goddard formed a scheme to increase the amount of security given by Edward Youde on the pretence of a further advance of £550 (out of which £152.10s. was to be allowed to William Holcombe as a douceur) in order to pay a redemption fine for the repurchase of the annuity of £610 and it was arranged that credit should be given by James Gibbs to Edward Holcombe in their accounts and William Holcombe was credited with £152.10s.

219. No money was paid by William Holcombe but the rest of the £550 was the ½ yrs. annuity of £610 granted by the indenture of 26 Sept. 1835 for which credit was given by James Gibbs in his account with William Holcombe but no money in respect was received by William Holcombe.

220. James Gibbs as such solicitor induced Edward Youde and M.J. Youde to execute a further indenture which was dated 30 Sept. 1837 and made between (1) Edward Youde (2) Mary Jane Youde (3) John Goddard (4) James Gibbsin consideration of £550 an annuity of £86 was granted to John Goddard by Edward Youde with M.J. Youde as his surety for term of 99 yrs if M.J. Youde should so long live and the annuity was held by John Goddard in trust for William Holcombe and also induced them to execute a warrant of attorney as a collateral security.

221. Anne Holcombe alleges that a memorial of the indenture and warrant of attorney was enrolled.

222. James Gibbs borrowed the £550 from his bankers and it was placed on the table at the time of execution and then returned to James Gibbs who returned it to his bankers and credited Edward Youde with £550 and at the time James Gibbs was indebted to Edward Youde in a large amount above the £550 which has not been paid. No money was received by James Gibbs or by William Holcomne for the redemption of the annuities of £610 and £86 and entries relative thereto are fictitious. In 1838 William Holcombe, James Gibbs and John Goddard former a similar scheme to increase the amounts of security to be given by Edward Youde to William Holcombe on consideration of £7000 in an indenture of 7 Aug. 1838 in which the annuities of £610 and £86 and the arrears and fines were to be repurchased out of the £7,000 and in the accounts James Gibbs debited William Holcombe with £1,549.7.3d. the consideration in addition to £5,450.12.9d. for the redemption of the annuities of £610 and £86.

223. The same pretence of payment for the annuity of £1,080 was carried out as in respect of the annuities of £610 and £86 except that £45 was actually paid to Edward Youde and was the only consideration ever paid to him for the same and James Gibbs borrowed £1,545 from his bankers which with £4.7.3d. were placed on the table at the time of execution and then returned (less the £45) to James Gibbs who returned the same to his bankers and credited Edward Youde with £1,504.7.3d. and then debited him with large sum for costs.

224. At the time of the entry in the accounts James Gibbs was indebted to Edward Youde in £9,879.5.8d. above the sum of £1,504.7.3d. which balance has not been paid and under the circumstances the indenture of 3 Sept. 1838 should be void and ought to be postponed to the Plaintiffs' securities.

225. Defendant Clement Delano (sic) alleges by an indenture of 10 Nov. 1838 between (1) Edward Youde (2) Mary Jane Youde (3) Joseph Clement Delano and (4) James Gibbs in consideration of £3,000 an annuity of £500 was granted to Joseph Clement Delano for term of 99 yrs. if M.J. Youde should so long live.

226. Warrant of attorney accompanied the security and a memorial of the grant was enrolled and £2,583.17.3d. of the consideration of £3,000 was retained by Joseph Clement Delano at the request of Edward Youde for the repurchase of an annuity of £506 granted by an indenture of 7 Nov. 1837 and the residue of the £3,000 (£416.2.9d.) was paid by Joseph Clement Delano to to Edward Youde.

227. No part of the £416.2.9d. was retained by Edward Youde but was placed on the table at execution and then returned to James Gibbs who credited him with it and with £1,500 alleged to have been received in respect of a transaction of 13 Nov. 1838 with William Henry Savage but James Gibbs was indebted to Edward Youde in a large balance over the £1,916.2.9d. which has never been settled. Joseph Clement Delano did not actually pay any consideration for the annuity of £360 and James Gibbs did not have sufficient money of Joseph Clement Delano but made fictitious entries in the accounts debiting Joseph Clement Delano with the consideration and afterwards by similar entries crediting him with sums pretended to have been received for the redemption of the annuity of 7 Nov. 1837.

228. No money was received by James Gibbs of Joseph Clement Delano for the pretended redemption of the annuity of 10 Nov. 1837 and the entries are fictitious.

229. As regards the £2,583.17.3d. mentioned in the memorial as having been retained for the repurchase of the annuity of £360 the defendant Joseph Clement Delano alleges an indenture of 7 Nov. 1835 between (1) Edward Youde (2) Mary Jane Youde (3) Joseph Clement Delano (4) James Gibbs in consideration of £2,160 Edward Youde and M.J. Youde granted Joseph Clement Delano an annuity of £360 for term of 99 yrs. if M.J. Youde should so long live and also a warrant of attorney and a memorial of the indenture and of the warrant of attorney was enrolled.

230. £1,204.10.3d. part of the £2,160 was retained by Joseph Clement Delano for the release of an annuity of £174 and of securities for the same and of arrears and future payments and £955.9.9d. residue paid to Edward Youde.

231. The plaintiffs' state that the payment of the £955.9.9d. to Edward Youde was false but the sum was borrowed by James Gibbs and laid on the table at the time of execution and then returned to James Gibbs who credited Edward Youde with £955.9.9d. in his accounts but James Gibbs was indebted to Edward Youde in a large sum over the said account so credited and which balance has not been paid.

232. As regards the £1,291.7.3d. retained by Joseph Clement Delano for the release of the annuity of £174 and for securities and arrears and future payments. The annuity of £174 so released was void and the retaining of the sum of £1,204.7.3d. for its extinguishment was a fraud on Edward Youde and M.J Youde. Joseph Clement Delano did not advance any consideration for the annuity of £174 and Joseph Gibbs did not have sufficient money of Joseph Clement Delano but debited Joseph Clement Delano with it in his accounts and afterwards by similar entries credited him for the pretended redemption of the annuity of 10 July 1835 and for redemption fines and arrears.

233. No money was received by James Gibbs or Joseph Clement Delano for the redemption of the annuity and the entries are fictitious.

234. For some time prior to 1835 and up to the time of the bankruptcy of James Gibbs Joseph Clement Delano was in the habit of employing James Gibbs as his solicitor and money agent and an account subsisted between them.

235. James Gibbs being indebted to Joseph Clement Delano in £1,100 proposed to Joseph Clement Delano to lay out the same in the purchase of an annuity and induced Edward Youde and Mary Jane Youde to execute the indenture of 11 July 1835 between (1) Edward Youde (2) Mary Jane Youde (3) Joseph Clement Delano in consideration of £1,100 Joseph Clement Delano was granted an annuity of £174 for term of 99 yrs. if M.J. Youde should so long live.

236. The indenture was accompanied by a warrant of attorney and a memorial of the indenture was enrolled.

237. The Bank post bills for £1,100 were never paid to Edward Youde but were obtained by James Gibbs from his bankers laid on the table at the time of execution and then returned to James Gibbs who returned them to his bankers and credited Edward Youde with £1,100 in his accounts. At the time James Gibbs was indebted to Edward Youde in that account in a very large sum over the £1,100 which balance has not been paid.

238. Under the circumstances the last mentioned indenture and the indenture of 7 Nov. 1835 are void and the indenture of 10 Nov. 1838 having the greater part of the consideration grounded on the repurchase of the annuity granted by the indenture of 7 Nov. 1835 is also void or ought to be postponed to the Plaintiffs' securities.

239. Defendant Thomas Tegg alleges an indenture of 18 May 1839 between (1) Edward Youde (2) Mary Jane Youde (3) Thomas Tegg and (4) James Gibbs in which Edward Youde and M.J. Youde in consideration of £500 granted an annuity of £51.10s. to Thomas Tegg for term of 99 yrs. if M.J. Youde should so long live and the same was charged by M.J. Youde on reversionary property comprised in the Plaintiffs' securities to which M.J. Youde would become entitled on the d. of Charles Greenaway and failure of his issue.

240. Thomas Tegg further alleges a warrant of attorney for securing the annuity and a memorial of the grant of the annuity was enrolled.

241. The consideration of £500 was a pretence and £500 was borrowed by James Gibbs from his bankers produced at the time of execution and then returned to James Gibbs who returned them to his bankers and credited Edward Youde with the sum and another £400 obtained from Edward Youde under similar circumstances after deducting £197.9s. for costs.

242. At the time of the entry there was a balance of £9.257.19.1d. in the hands of James Gibbs to the credit of Edward Youde which balance has not been paid.

243. on 17 April 1839 Edward Youde and M.J. Youde executed an indenture between the same parties in consideration of £1,500 an annuity of £157.10s. was granted to Thomas Tegg and M.J. Youde charged her reversionary property with the annuity as a security for the same in the same manner as in the indenture of 18 May 1839.

244. The Indenture was accompanied by a warrant of attorney and a memorial enrolled.

245. The plaintiffs' say that the £1,500 consideration was not paid to Edward Youde but James Gibbs borrowed the money and it was placed on the table at the time of execution and then returned to James Gibbs and he returned it to his bankers and credited Edward Youde with £1,500 in his accounts and the £1,500 has never been paid to Edward Youde.

246. Neither of the last mentioned warrants of attorney was attested by any attorney named by Edward Youde and M.J. Youde and are void.

247. Plaintiffs' advised that the indentures of 18 May 1839 and 17 April 1839 are void and ought to be postponed to the plaintiffs' securities.

248. 13 March 1861 David Elwin Colombine the solicitor of the late plaintiff George Smith and the solicitor of the plaintiffs' George Horace Smith and Sidney Stephen Smith wrote a letter to Mr. Carew the solicitor of Thomas Tegg about the annuities of the 17 April 1839 and 18 May 1839 and about the claims.

249. No reply was received.

250. Defendant William Lindus alleges an indenture of 23 Nov. 1839 between (1) Edward Youde (2) Mary Jane Youde (3) William Lindus (4) James Gibbs in consideration of £2,500 William Lindus was granted an annuity of £394 for term of 99 yrs if M.J. Youde should so long live and M.J. Youde charged the annuity on her reversionary property to which she would become entitled on the d. of Charles Greenaway and failure of issue.

251. William Lindus alleges that a warrant of attorney was executed for further securing the annuity and that a memorial of the indenture was enrolled.

252. The plaintiffs' have discovered that the payment of the consideration of £2,500 was a pretence and the money was borrowed by James Gibbs from his bankers and produced at the time of execution and then returned to James Gibbs who replaced the notes with his bankers and credited Edward Youde in the accounts with £2,500 together with another sum obtained under similar circumstances less £435 for costs - a total of £2,865.

253. At the time of the last mentioned transactions £8,767.7.2d. was in the hands of James Gibbs to the credit of Edward Youde and no such part has been paid to Edward Youde.

254. Under the circumstances the indenture of 23 Nov. 1839 is void and ought to be postponed to the Plaintiffs' securities.

255. Defendant Margaret Mann alleges an indenture of 15 Jan. 1840 between (1) Edward Youde (2) Mary Jane Youde (3) Ann Jackson (since deced) (4) James Gibbs in consideration of £900 an annuity of £144 was granted to Ann Jackson for term of 99 yrs. if M.J. Youde should so long live and charged by M.J. Youde on reversion interest to which she became entitled at the d. of Charles Greenaway and failure of issue.

256. warrant of attorney executed as a further security and a memorial of the indenture enrolled.

257. The consideration of £900 was a pretence and James Gibbs did not receive such money from Ann Jackson and procured the money which was placed before Edward Youde at the time of execution and then returned to James Gibbs who credited Edward Youde with the same less £162 for costs. James Gibbs did not have sufficient money of Ann Jackson to cover the consideration but in the accounts debited her with £900 and by similar fictitious entries credited for the pretended redemption of an annuity granted by an indenture of 5 June 1838 and for a redemption fine and arrears.

258. No money was received by James Gibbs or Ann Jackson for the redemption of the last mentioned annuity and the entries are fictitious.

259. At the time the entry of £738 was made and the annuity of 15 Jan. granted James Gibbs was indebted to Edward Youde in a large balance above the £900 which has not been paid and Edward Youde did not receive any consideration for the annuity. Defendant Margaret Mann pretends that the whole, or greater part, of the £900 was applied in the repurchase of an annuity of £80 granted by an indenture of 5 June 1838 between (1) Edward Youde (2) Mary Jane Youde (3) Ann Jackson (4) James Gibbs in which in consideration of £500 Ann Jackson was granted an annuity of £80 for 99 yrs. if M.J. Youde should so long live and M.J. Youde charged the annuity on reversionary property to which she became entitled on the d. of Charles Greenaway and failure of issue.

260. Ann Jackson d. and Margarett Mann claims the annuity by some assignment executed by her executors who have parted with all their intereest therein to her.

261. Margaret Mann has by means of a life insurance policy on Charles Greenaway already received the whole, or greater portion, of the sum paid for the annuity together with a further sum more than sufficient to cover arrears but she refuses to give particulars of the policy or any account of the monies received in respect thereof.

262. Plaintiffs advised that the indentures of 15 Jan. 1840 and 5 June 1838 are void or should be postponed to the plaintiffs' securities.

263. Warrant of attorney executed for securing the annuity and a memorial of the indenture enrolled.

264. James Gibbs at the time of execution did not have any monies of Ann Jackson and was indebted to her on certain accounts between them and borrowed the money which was placed before Edward Youde at the time of execution and then returned to James Gibbs who credited Edward Youde with the £500 in his accounts and was at that time also indebted to Edward Youde in a large balance which has not been paid.

265. Under the circumstances the grant of annuity of £80 was void and if James Gibbs applied any portion of the £738 in the redemption of the last mentioned annuity the same was a fraud on M.J. Youde.

266. The plaintiffs charge that the indentures of 25 Sept. 1835, 21 July 1838, 15 Dec. 1835, 19 Jan. 1836, 23 Jan. 1836, 18 Nov. 1837, 13 Aug. 1839, 5 June 1838, 24 Sept. 1839, 20 July 1838, 3 Sept. 1838, 10 Nov. 1838, 18 May 1839, 17 April 1839, 23 Nov. 1839 and 15 Jan. 1840 insisted on by the defendants Sir William Martins, John Knowles, Richard Foster, Elizabeth Mary, Woollright, Henry Woollright, Mary Woollright, Simon Fawcett, Jane Fawcett, Francis Rider, Charles Harrison Henry Thomas Thomson, George Cleeve, Joseph Oliver, Ann Holcombe, Joseph Clement Delano, Thomas Tegg, William Lindus and Margaret Mann and the indentures on which the same are grounded (or such of them as have not been redeemed) ought to be set aside and the plaintiffs' securities declared the first charge on the lands and heredits. comprised therein.

267. Defendants Robert Scott, Charlotte Augusta Ritchie, William Ritchie, George Evans, Thomas Huggs, Mary Jane Youde and Robert Henry Hurst also insist that the indentures be set aside but also insist that the plaintiffs' securities were obtained under similar circumstances and ought to be set aside in favour of their own alleged securities.

268. Defendant Robert Scott alleges an indenture of 31 March 1840 between (1) Edward Youde (2) Mary Jane Youde (3) Mary Brown Luddington (since deced.) and James Gibbs in consideration of £1,500 an annuity of £154 was granted to Mary Brown Luddington for term of 99 yrs. if M.J. Youde should so long live and M.J. Youde charged the annuity on reversionary property to which she became entitled on the d. of Charles Green-away and failure of issue and a warrant of attorney was executed for a further security.

269. A memorial of the indenture was enrolled.

270. The consideration of £1,500 was a pretence the money was laid on the table at the time of execution and then returned to James Gibbs who credited Edward Youde with £1,252 being the £1,500 less £248 for costs but there was a large balance (exceeding the amount credited) due to Edward Youde from James Gibbs which has never been paid.

271. Under the circumstances the indenture of 30 March 1840 was not founded on any valid consideration and is void.

272. Mary Brown Luddington d. and defendant Robert Scott is her sole executor who proved the will and is now her sole personal ref.

273. Defendants Charlotte Augusta Ritchie and William Ritchie claim to be entitled to an annuity of £157.10s. charged on the lands and heredits in the Plaintiffs' securities under an indenture of 21 April 1840 between (1) Edward Youde (2) Mary Jane Youde (3) John Ritchie (since deced.) and (4) James Gibbs in which the lands etc. were assigned to James Gibbs for a term of yrs. for securing the annuity and also under a warrant of attorney as a collateral security.

274. Defendants Charlotte Augusta Ritchie and William Ritchie allege that John Ritchie is d. and had appointed them his executrix and executor and they are his sole legal personal reps.

275. Defendants Charlotte Augusta Ritchie and William Ritchie allege that the annuity of £157.10s. was held by John Ritchie £52.10s. in trust for Elizabeth Morris (since deced.) and £105 which John Ritchie previous to his d. assigned to defendant William Ritchie.

276. Elizabeth Morris d. and no one has taken out letters of administration to her estate.

277. Defendant George Evans claims an annuity of £63 charged on the lands and heredits. comprised in the plaintiffs' securities under an indenture or 31 March 1840 between (1) Edward Youde (2) Mary Jane Youde (3) Sarah Evans (4) James Gibbs in which the premises were assigned to James Gibbs for term of 1,000 yrs. for securing the annuity and also a judgement entered up under a warrant of attorney as a collateral security.

278. Sarah Evans d. Nov. 1853 and George Evans proved the will and is her sole legal personal rep.

279. Defendant Thomas Huggins claims an annuity of £42 under an indenture or 25 Aug. 1840 between (1) Edward Youde (2) Mary Jane Youde (3) Thomas Huggins and (4) James Gibbs by which the last mentioned heredits. were assigned to James Gibbs for a term of yrs. for securing the annuity and also a judgement entered up in pursuance of a warrant of attorney as a collateral security.

280. Plaintiffs advised that the 3 last mentioned annuities are void in consequence of no proper considerations and on the grounds that the warrants of attorney were not properly executed but the indentures are all subsequent in time to their securities and they are willing that their securities should be redeemed on payment of what is due to them within a reasonable time to be named by the Court.

281. Plaintiffs' charge that the Plaintiffs' securities were not obtained under similar circumstances to those insisted on by the Defendants and the Plaintiffs' charge that previous to the date of the indenture of 16 Nov. 1839 the late plaintiff Geo. Smith had not and the plaintiff . George Horace Smith and Sidney Stephen Smith have not had any annuity dealings with James Gibbs nor did the late plaintiff Geo. Smith employ James Gibbs as his solicitor or agent for preparing the indenture of 14 March 1840 and they charge that James Gibbs applied to the late plaintiff Geo. Smith with ref. to both indentures as the agent, solicitor and friend of Edward Youde and M.J. Youde and under the circumstances Geo. Smith did not employ a solicitor.

282. Plaintiffs charge that under the circumstances the late plaintiff Geo. Smith paid the whole consideration to James Gibbs as the solicitor and agent of Edward Youde and M.J. Youde and who acted as solicitor and advisor to Edward Youde and M.J. Youde.

283. Plaintiffs charge that the consideration was not merely placed on the table at time of execution but was left with Edward Youde and applied by him for his own purposes.

284. At the time the plaintiffs' securities were executed the late Plaintiff Geo. Smith and no suspicion of prior incumbrances and the setting up of such incumbrances is a fraud on the plaintiffs.

285. At the time the defendant M.J. Youde consented to the judgement of 27 Nov. 1857 she was fully advised by able solicitors recommended by the defendant Robert Henry Hurst with respect to the nature of the circumstances under which her consent was to be given and she fully recognised the validity of the plaintiffs' securities.

286. Plaintiffs charge that if case it shall appear that any of the indentures prior to those of the plaintiffs securities are not void than an account ought to be taken of what was advanced and is now due and that the Plaintiffs' ought to be allowed to redeem them and to foreclose the indentures subsequent to those of the plaintiffs.

287. In March 1843 a fiat of bankruptcy was issued v. James Gibbs under which he was adjudged bankrupt and defendants Edward Watkins Edwards and George Samuel Ford appointed his assignees and it appears by the memorial roll that 2 indentures of 12 and 16 May 1840 between (1) Edward Youde (2) Mary Jane Youde (3) James Gibbs and (4) Thomas Stephens deced. granting 2 annuities of £800 each were granted by Edward Youde and M.J. Youde to Thomas Gibbs for periods of 99 yrs. if M.J. Youde should so long live and charged by assignment of M.J. Youde's lands and heredits. comprised in the plaintiffs' securities to Thomas Stephens deced. with bonds of even date as collateral securities.

288. the last mentioned indentures have been set aside by a degree of this court but the defendants Edward Watkins Edwards and George Samuel Ford as the assignees of James Gibbs still claim some interest in the annuities and refuse to disclaim such alleged interest.

289. Plaintiffs have ascertained that James Gibbs, at the time of the bankruptcy, was indebted to Edward Youde in £1,034.18.10d. no portion of which has been paid and that James Gibbs d. 1847 insolvent and no person has taken out administration of his estate.

290. Plaintiffs charge that a person ought to be appointed to ssign the terms of yrs. vested in James Gibbs at the time of his d. by virtue of the indentures of 25 Sept. 1835, 21 July 1838, 15 Dec. 1835, 19 Jan. 1836, 23 Jan. 1836, 18 Nov. 1837, 13 Aug. 1839, 5 June 1838, 24 Sept. 1839, 20 July 1838, 3 Sept. 1838, 10 Nov. 1838 18 May 1839, 17 April 1839, 23 Nov. 1839, 15 Jan. 1840, 31 March 1840, 12 May 1840, 31 March 1840 and 25 Aug. 1840 or such as are now subsisting or necessary for perfecting the Plaintiffs securities to the plaintiffs or a person in trust for such persons who shall be entitled to the first charge on the lands and heredits. comprised in the terms.

291. Terms of yrs. vested in Edward Donne and John Goddard likewise necessary for perfecting the plaintiffs securities ought to be in like manner assigned and ought in the meantime to be held in trust for the plaintiffs or person in trust for them or for such persons who should be entitled to the first charge on the lands and heredits. comprised therein.

292. The plaintiffs need the assistance of the court to enforce their securities because the legal estate in the lands, securities and heredits. in the will of Giles Greenaway, or the greater part, is still outstanding in the defendant Robert Henry Hurst and the legal estate of the other lands and heredits. to which M.J. Youde has become entitled is outstanding in some persons whose names the plaintiffs are unable to discover. Plaintiffs are also advised that the term of 1000 yrs. by the indenture of 14 March 1840 is now vested in the defendant Samuel Edward Donne who as well as the defendant Robert Henry Hurst refuses to act except under the court's direction. Plaintiffs also unable to gain any benefit from the judgement or writ of elefit in that they are unable to ascertain the trust property now subject to the trusts of the will of Giles Greenaway and to which M.J. Youde is entitled.

293. Plaintiffs charge that Samuel Higgs and Robert Hurst as such trustees shortly after the d. of Giles Greenaway entered into and took possession of the estates etc. bequeathed by the will and during their joint lives and the said R.H. Hurst he letter and the R.H. Hurst since the d. of the survivor continued in receipt of the rents and incomes and they have from time to time sold some and purchased others and they charge that R.H. Hurst has permitted M.H. Youde to receive the whole of the rents since the d. of Charles Greenaway together with arrears of rent due at the time of his d. but refuses to set forth an account of such rents and arrears of rent and they charge that he should set out an account of what trust premises he became entitled to under the will of Giles Greenaway and what they consisted at the date of the judgement and an account of rents and arrears of rent received by him or by M.J. Youde by his permission since the d. of Charles Greenaway.

294. Immediately after the judgement the late plaintiff Geo. Smith caused notice to be served on Robert Henry Hurst as sole trustee of the will of Giles Greenaway and up to that time neither R.H. Hurst nor the said Samuel Higgs nor Robert Hurst or Robert Henry Hurst the father had ever received any notice of any incumbrance and under the circumstances the plaintiffs as regards the judgement entitled to a priority over the alleged charges and other incumbrances.

295. late plaintiff Geo. Smith d. 20 Feb. 1861 and George Horace Smith and Sidney Stephens Smith proved the will and are his sole legal personal reps.

296. Defendants have divers wills, deeds, stock papers, etc. and they ought to discover the same and set forth them or a list of them. PRAYER The Plaintiffs pray -

1. That the indentures of 25 Sept. 1835, 21 July 1838, 15 Dec. 1835, 19 Jan. 1836, 23 Jan. 1836, 18 Nov. 1837, 13 Aug. 1839, 5 June 1838, 24 Sept. 1839, 20 July 1838, 3 Sept. 1838, 10 Nov. 1838, 18 May 1839, 17 April 1839, 23 Nov. 1839 and 15 Jan. 1840 and (so far as necessary) the several indentures on which they are founded be declared void and set aside or postponed to the indenture of 14 March 1840.

2. Any indentures not found void or ought not to be postponed an account should be taken of what is due or ought to be redeemed the plaintiffs offering to redeem such annuities.

3. An account be taken of what is due to the plaintiffs for arrears of the annuity and on the judgement.

4. enquires be directed for ascertaining what estates. are subject to the trusts of the indenture of 14 March 1840 and comprised in the term of 1,000 yrs.

5. the estates etc. comprised in the term of 1,000 yrs. in the last indenture be sold and out of the produce the plaintiffs paid the amount due to them or as much as shall not be received by the judgement and the residue secured for meeting future arrears.

6. That it be declared that the late plaintiff Geo. Smith acquired a first charge on the estates etc. devised by the will of Giles Greenaway and to which M.J. Youde has become entitled subject to the said term or by giving notice to the defendant Robert Henry Hurst acquired a priority in respect of such portions as consisted of choses in action.

7. An account be taken of the trust estates, monies and premises and what part consists of such choses in action.

8. Enquiries be directed to ascertain incumbrances affecting the estates and premises, their priorities and other incumbrances and the amounts due and that directions be given for realising the Plaintiffs and such other incumbrances as shall be found properly chargeable.

9. The defendant M.J. Youde join in any disentailing or other necessary deeds to give full effect to the plaintiffs securities.

10. If necessary a person be appointed to receive the rents etc. of the trust premises.

11. accounts be directed, enquires made and directions .for all the purposes aforesaid.

12. that the costs of this suit be provided for.

13. That the plaintiff have such other relief as the nature of the case may require.

PLACE(S): UPTON (Parish of Burford and Upton and Signet), BODDINGTON and LOWER BODDINGTON (Northants).

ENDORSEMENTS: (c) Other endorsements: ac. Robert Henry Hurst

ad. Samuel Edward Donne Defendants.