he had a right as against Sir James's representative, to inquire into the reality of the debts, and application of the purchase-money. Nor could a confent, thus fraudulently obtained, any more stand in the way of the relief he fought, than it would in case of an ordinary tranfaction.

On the other fide it was infifted, that the debts and incumbrances specified in the act of parliament must be taken as they were recited, between the parties to the act for, though a faving claufe was inferted for the rights of thofe, who were not parties; yet it was a binding law to those who were. The act directed the money, arifing by the fale of the lands and barony of Roystoun, to be applied in payment of the debts (the amount of which was particularly stated); and the furplus only was to be laid out in the purchase of land to be fettled in the order and courfe of fucceffion provided by the entail.

The House of Lords ordered, that the interlocutor, complained of in the appeal, fhould be reversed; and that the interlocutor of the Lord Ordinary, of the 20th January, fhould be affirmed: and ordered that the Court of Seffions fhould proceed thereupon, according to justice and the rules of that court.

§ 52. The doctrine laid down by Sir William BlackAlone, has been fully confirmed by the following modern cafe, in which the Court of Chancery relieved against the expre's words of a private act of parlia

ment.

§ 53. Simon

Biddulph v. Report Office, Biddulph,

Book A. 1790.pa.

$ 53. Simon Biddulph, by his will, made in 1730, devifed his real estates, which he had charged with the payment of feveral fums of money, to trustees, upon truft to raise and pay all fuch debts as 269. he fhould owe at the time of his decease, or fo much thereof as his perfonal estate should not extend to pay, and to fettle and affure the refidue to his grandfon Theophilus Biddulph, for life, without impeachment of waste, remainder to his first and other fons fucceffively in tail, with several remainders over.

Simon Biddulph died in 1736, leaving the faid Theophilus Biddulph his heir at law, who entered into poffeffion under the will of Simon Biddulph, of all the eftates whereof he died feifed in poffeffion, and upon the death of Sir Theophilus Biddulph of Lapley, in 1743, he became a baronet, and entered into poffeffion of other eftates, whereof Simon Biddulph had the reverfion, expectant on the death of Sir Theophilus Biddulph of Lapley, which were of confiderable value, and charged with the payment of feveral fums of money, but the rents thereof were fufficient to keep down the intereft of the incumbrances affecting the fame.

By a private act of parliament paffed 27 Geo. 2. intitled "An act for the fale of the fettled eftates of "Sir Theophilus Biddulph, Bart. in the county of

Stafford, &c. for raifing money to discharge incum"brances affecting the fame, and for laying out the "furplus in the purchase of other lands to be fettled "to the ufes therein mentioned." After reciting the feveral

Nn3

several incumbrances on the faid eftates, and that the faid Sir Theophilus Biddulph had, out of his own money, raised and paid off 28191. 4s. or thereabouts, being the deficiency of the perfonal eftate of Simon Bid dulph, in the discharge of the remainder of his debts, which remained due to the faid Sir Theophilus Biddulph, and charged on the fettled estates, with a confiderable arrear of interest. And reciting that it would be for the benefit and advantage of Sir Theophilus Biddulph, and of all the perfons claiming under the will of Simon Biddulph, if the incumbrances affecting the fettled eftates, which carried a high intereft, were paid off and discharged, which could only be done by fale of part of the fettled eftates, and therefore the faid Sir Thomas Biddulph, and all the persons claiming under the will of the faid Simon, were defirous and had agreed that certain parts of the estates should be fold for that purpose, freed and discharged from the faid incumbrances, and that the furplus of the money after payment of the incumbrances, fhould be laid out in the purchase of other lands, more contiguous to the eftate, to be fettled to the ufes of the will of Simon Biddulph. It was therefore enacted, that the faid eftates fhould be vefted in trustees, their heirs and affigns, free from the trufts therein mentioned, in truft, with the confent of Sir Theophilus Biddulph, to fell the fame, and to apply the money in payment of the incumbrances, and all interest which should be then due and cwing for the fame, and alfo in payment of the faid fum of 28191. 45. due to Sir Theophilus Biddulph, together with all intereft that should have accrued due for the fame to the time of the payment thereof.

And

And to lay out the rmainder of the money in the purchase of lands, to be fettled to the ufes of Simon Biddulph's will.

The trustees who were named in the act of parlia ment did not act, and new trustees were appointed. Sir Theophilus Biddulph himself fold the eftates and paid off the incumbrances, and alfo paid, or took credit to himself, for what was due on account of interest, and laid out the refidue in the purchase of lands, which he fettled to the old ufes.

Theophilus Biddulph, the eldest son of Sir Theophilus, filed his bill in Chancery against his father and the trustees, ftating the above facts, and that there remained a balance in the hands of the trustees of 7207 1. which had not been invefted in the purchase of lands, according to the directions in the act: and the plaintiff being entitled to an estate tail expectant on the estate for life of his father in the lands to be purchased, he prayed that the faid fum of 7207 1. might be laid out in the purchase of lands to be fettled to the old ufes.

Sir Theophilus Biddulph, by his anfwer, admitted that he, acting for the trustees in the act, did, out of the money arifing from the fale of the eftates which were fold under the act, pay and apply, not only fo much as was neceffary to difcharge the incumbrances affecting the eftates, but also all fuch intereft as was due and owing on the faid incumbrances at the refpective times when the fame were paid off, namely, as well fuch intereft as was due and owing on the faid incumbrances

at the time when the defendant came into poffeffion of the eftates, as what had afterwards accrued, the fame being directed by the act; and fubmitted, that fuch payments of interest were respectively made, as being directed by the act, and that there being fuch directions in the act for payment of all the interest, the defendant, as tenant for life, was not bound to keep down the intereft of the incumbrances, from the time he came into poffeffion of the eftates; and that the act of parliament was not a fraud on the plaintiff and the perfons interested in the eftates, and that the defendant ought not to make a compensation for such interest, as required by the plaintiff's bill; but admitted, that the rents and profits of the eftates which were charged with the faid incumbrances, were more than fufficient to answer the intereft of the incumbrances, and faid he did not, in fuing for and obtaining the act of parliament, intend any fraud on any of the perfons who were to become interested in the said estates after him ; and faid, that the intereft which accrued after he came into the poffeffion of the faid eftates amounted to 72071.; and fated the fums of money paid and laid out in lands, and faid there did not remain any money to be invested in land, all the money having been fully and properly applied purfuant to the directions of the act; and fubmitted, that he was not compellable to make any compenfation for fuch truft monies. Whereupon, and upon hearing counfel upon both fides, and it being admitted, that the faid fum of 7207 1. was received by the faid Sir Theophilus Biddulph, for rents and profits of the cftates in queftion of which he was tenant for life, and which ought to have been applied