ONe George Walters became indebted to Thomas and Daniel Skinner, 1655. for Fraight of Soldiers, &c. upwards of 2000 l. whereof 5 twelfth parts were due to Daniel, and the rest to Thomas; and Thomas assigned the Debt to Daniel, as a Security for Moneys due from him to Daniel, and Im­powers him Recover, or Compound the Debt.

Afterwards, 1657. Daniel comes to an Agreement with Walters, concerning his said Debt; whereof Walters, in satisfaction of his whole Debt, was to convey to Daniel, a third part of such Lands in Ireland as should be assigned by Cromwell; which Lands were in the whole, to be of the value of 5638 l. 7 s. 5 d. the third part whereof, came to 1879 l. 7 s. 5 d. and if no such assignment should be made by Cromwel to VValters; then Daniel was to have a third part of such other Satisfaction, as Walters should receive from Cromwel, in satisfaction of his Demands from him; And Walters gives two Judgements, one in England, the other in Ireland; Each of them of 4000 l. Defeazanced for performance of the said Agreement.

Afterwards, Daniel takes out an Execution upon the Judgement in Ireland; Upon which, the Sheriff of Cork seizeth Land in Ireland, which VValters held by Lease of the Earl of Anglesey, and by virtue of a Writ of Vendiconis Exponae, Sells the same to Daniel for 1000 l. part of the said Debt: And thereupon, in June 1662, VValters and Daniel came to an agreement, that Daniel should make a Lease of those Lands to Mr. Davis, in Trust for VValters for 12 years, from Midsomer-day 1664, at 150 l. per Annum. And if VValters should at any time within the said 12 years pay to Daniel 2200 l. (which was agreed to be the whole Debt due from VValters) then Daniel was to re-convey the said Lease to VValters, and to discount to him 18 l. per Annum, for so long time as Davis should pay his Rent.

Daniel makes a Lease to Mr. Davis accordingly: But Daniel having before let those Lands to Mr. Manley who was then in possession, the said Manley kept Walters out of possession, nevertheless Mr. Davis was Sued for he Rent, and was compelled to pay the same, and also to discharge several Precedent In­cumbrances, whereby; and for Money he had lent to VValters, He was in Disburse several Hundred pounds; And thereupon Davis pay'd the whole Debt to Daniel, together with His Charges: And Daniel hath accounted to the said Thomas for his Seven Twelfth parts thereof.

All which appearing at the Hearing of the Cause in the Court of Exchequer, 1671. that Court declared, that Mr. Davis ought not to be further troubled concern­ing the said Thomas his Bill, but that he should be left out of the ac­count.

From which Order the said Thomas hath appealed, endeavouring thereby to compel Davis to pay the same Moneys which he hath paid to Daniel, for the said Debt, although Daniel hath charged himself in the accompt before the Auditor, with Thomas's proportion of the said Moneys.