son of John,) before the commissioners, on the 14th of September, 1661, praying to be restored as an innocent(d) papist, to the possession of all the Hovenden estates, comprehending those then in the possession of Walker under the lease from A. Annesley, the rest of the lands in Ballyadam, and also those in Sleumarghie. On the 6th August, 1663, the commissioners decreed that Thomas Hovenden was an innocent papist within the meaning of the act of settlement, and that after the death of his father, he and the heirs male of *his body and their assigns, should be restored unto, and hold and enjoy the lands of Tankardstown, Skehanna, Clonpierce, and the other lands comprised in his claim; and that the premises so claimed, should, from and after the death of John Hovenden, be put out of charge in the exchequer; and that the sheriff should give possession to Thomas Hovenden, and quiet him therein from time to time. On the 26th June, 1666, King Charles II., by letters patent, (reciting the acts(a) whereby lands in possession of adventurers were vested in the crown,) granted to Arthur Annesley in fee, the lands of Tankardstown, Ballyleheane, Clonpierce and Coolgarragh, in the barony of Ballyadam, together with several other lands, saving, however, to Thomas Hovenden the lands of Tankardstown, Ballyleheane, Skehanna, Clonpierce and Coolgarragh, in tail, expectant on the death of John, they having been decreed to him by the late commissioners. In this grant, separate and distinct quit-rents were reserved on the several denominations, which quit-rents were constantly paid to the crown. Arthur Annesley having, on the 27th of March, 1666, put in his claim for reprisals before the commissioners, pursuant to the acts of settlement and explanation, his claim was admitted, and in the 20th Car. II. the commis 1804. Saunders v. Lord Annesley. * 75 sioners decreed him thereupon entitled to certain lands, in part satisfaction of his deficiency. Whether he was on this occasion reprised specifically for the lands decreed to Thomas Hovenden did not distinctly appear.(b) *John Hovenden died on the 22d August, 1680, and on the 7th September following, Thomas Hovenden was put into possession of Tankardstown, Skehanna, Clonpierce and Coolgarragh, under the decree of the commissioners. On the 25th of the same month, an indictment was preferred against Thomas Hovenden for taking a forcible possession, and he was dispossessed; but having removed the indictment to the king's bench, and having obtained judgment of acquittal, which judgment was affirmed on a writ of error, by the king's bench in England, Thomas Hovenden was again restored to the possession in 1687, and levied fines, and suffered recoveries, in Easter term, 1688. By indenture, dated the 16th February, 1682, William Walker and Hovenden Walker, the sons of William the lessee and Elizabeth his wife, in consideration of 5081. assigned to Robert Saunders, the great grandfather of the plaintiff, and to Richard Barry, his trustee, the lands of Tankardstown, Skehanna, Clonpierce and Coolgarragh, for the residue of the term of 99 years. By this deed it was covenanted, on the part of the Walkers, that in case the said lands should be recovered from Saunders by Thomas Hovenden, the rent of 100. should cease; and Saunders covenanted to pay the 100%. rent to Earl Anglesea, in respect of the assigned lands, in exoneration of all the other lands comprised in Walker's lease, so long as they should not be evicted by Hovenden. Saunders obtained possession under this assignment, and so continued until Thomas Hovenden was restored, as before stated. Soon after, and during the disturbances which preceded the accession of King William and Queen Mary, about 1690, Thomas Hovenden having taken part with King James, his lands were seized, (b) See post, p. 90. the Lord Chancellor's observation on the reprisals. or in some other way he lost the possession thereof, which was regained by Robert Saunders, claiming to hold as tenant to Lord Anglesea. He paid the rent of 100%. from thence until the year 1707, when he died, leaving three sons, Walter, Joseph and Morley; having by his last will devised the lands in question (amongst others) to Joseph Saunders. In a schedule of debts endorsed on said will, the first item was, "Due to my Lord Anglesea for rent, the 1st of November last, 100l." Joseph Saunders died in 1713, having devised" the lands of Tankardstown, and all other lands derived under Lord Anglesea," to Morley Saunders, he paying the rent of 100l. per annum, whereupon Morley became possessed, and took administration to his father and brother. Thomas Hovenden died in 1695, having devised to his eldest natural son, Walter Hovenden, and his heirs male of his body, all his lands in the baronies of Ballyadam and Upper Ossory; and one moiety of all other his estates to his natural son Richard Hovenden, and his heirs male of his body, and the other moiety to his youngest natural son, Thomas Hovenden, and his heirs male of his body, with cross remainders. Thomas, the youngest son, about 1710, filed a bill, suggesting the illegitimacy of his brothers, and his own legitimacy, and that his father's will was not duly executed, and shortly after amended his bill, making foseph Saunders a party. In his answer to this bill, Joseph made title under the assignment of the lease of 1660, and disclaimed all other title. After the death of Joseph, a bill of revivor was filed against Morley Saunders, in his answer to which he rested his title solely upon that of Joseph devised to him. By deeds of lease and release, dated the 20th and 21st of July, 1726, Walter Hovenden, in consideration of 130%. conveyed the lands of Tankardstown, Clonpierce and Skehanna to George Pendred, in trust for Morley Saunders and his heirs. By another deed of equal date, reciting that Walter Hovenden was entitled to all the lands of Tankardstown, Clonpierce, Skehanna and Coolgar, 1804. Saunders V. Lord Annes- ragh, and that he had released the three former denominations *to George Pendred, Pendred and Saunders covenanted that, if Walter Hovenden's title to Coolgarragh, should be contended, and Pendred's title disputed, they would equally defend both. A fine was levied to the uses of the conveyance by Walter Hovenden and wife; and in Michaelmas term, 1731, Murtagh Kavanagh, who was nephew and heir at law of Thomas Hovenden, executed a conveyance, which was intended to pass any right he had, and in Michaelmas term, 1734, levied a fine with proclamations to George Pendred, in trust for Morley Saunders, his heirs and assigns. Morley Saunders died in 1737, having made his will, dated the 4th of April, 1737, whereby he devised (after certain legacies) the remainder of his real and personal estate to trustees, in trust for his only daughter, Cordelia, wife of George Pendred. Cordelia had one son, Morley Pendred, who, upon the death of his grandfather, assumed the surname of Saunders. The legal estate was afterwards vested in him under a decree, by deeds of lease and release executed by the trustees named in the will, bearing date the 26th and 27th of July, 1745. In 1746 he levied a fine with proclamations. In 1737, and for many years afterwards, the Anglesea property was involved in litigation. In 1749 a bill was filed, which is fully stated and commented on (as far as is material to this case) by Lord Redesdale, in giving judgment, post. 1 In 1753 a treaty of marriage was entered into between Morley P. Saunders and Martha Stratford, pending which, and for the purpose of enabling M. P. Saunders to make a settlement, Cordelia Pendred, by lease and release, dated the 17th and 18th of January, 1753, conveyed all her interest in the lands in question to M. P. Saunders; and on the 19th and 20th of February, deeds of lease and release were executed between M. P. Saunders, his intended wife, and other parties, whereby, after reciting that M. P. Saunders was seised in fee of the lands now in question, the *said lands together with others were conveyed, in consi deration of the intended marriage, and of 4,000l. the marriage portion, to trustees, to the use of M. P. Saunders for life, remainder to trustees to support contingent remainders, and after the decease of M. P. Saunders, subject to a jointure for the wife and maintenance for younger children, to the use of the first son of the marriage, and the heirs male of such first son. This deed was duly registered; and a fine and a recovery were levied and suffered, to the same uses; the marriage took place, and there was issue the present plaintiff. On the 2d day of November, 1759, an agreement in writing was entered into between Barry Coles, agent for Lord Annesley, and William Crowe, agent for Morley P. Saunders, as follows: "The lands of Tankardstown, with its sub-denominations, Skehanna and Clonpierce, to be set from the 1st of November, 1759, for three lives, or 41 years, which shall longest continue, at 450%. yearly rent, with usual covenants. All rent and arrears, being now 2,300%, to be remitted. In order to conclude all parties interested under any title heretofore claimed by Mr. Saunders, a decree to be obtained, or such other acts done as counsel for Lord Annesley shall advise without delay: and as to the expense of such proceedings, each party to bear his own costs." In pursuance of this agreement, a lease, dated the 1st of December, 1759, was executed between William Lord Annesley (in whom the interest of Lord Anglesea had vested) and Arthur Annesley of the one part, and M. P. Saunders of the other part, demising to the latter the lands of Tankardstown, Skehanna, and Clonpierce, for 3 lives or 41 years, whichever should last longest, at the yearly rent of 450%. 1804. Saunders V. Lord Annes Morley Pendred Saunders died in 1772, leaving the plaintiff, Morley Saunders, his eldest son and heir at law. *In 1778, an arrear of rent having accrued, and plaintiff having been put to considerable expense in resisting the claims of the Hovenden family, he applied to Lord Annesley for an abatement of part of the arrear. Lord Annesley rey. * 80 |