1791-11-28 (static/transcriptions/1791/11/493.jpg)

536.)

In 2 Vezey 552, the case of Stace v. Mabbot is applicable to this point, and particularly Lord Hardwicke’s opinion in which he says “I remember a case in Lord Hing’s time relating to a rent charge, granted out of the Estate of Mr. Hockmore in Devonshire. It had been twice or thrice tried at common law, tried upon distress taken on the rent charge, and an avowry, and where the question was singly whether it was a forgery or not, and upon all those trial verdict was found for the deed. A bill was not withstanding brought here to set it aside for forgery; and Lord King sent it to trial under an issue directed by the court; and, I believe, there was a new trial after that: and notwithstanding all those verdicts Lord King made a decree to have it brought into court and cancelled here, the former trials not being to the satisfaction of the cort. Undoubtedly therefore it is in the iscretion of the court to grant new trials, if they think fit, if there is a ground for it upon the circumstances.
Nearer