JB/538/096/001

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Would not Guy trust you with that same "bond or agreement
"you speak of, whereby W. charged the estates with the payment
"of the money with a promise to execute the proper mortgage"
I mean that you might bring it to town for me to
look at it. I would if possible prevent this chancery suit
which would be a new evil upon the back of all the former
ones. If there was a mortgage already subsisting all the
promises in the world to execute a mortgage which now
remains to be executed would not give that future mortgage the prefeirence
over the preceding: what is more if a new mortgage
has been made subsequent to such promise and without notice
of such promise it would also I suppose take place of the mortgage
promised. I had always understood that the mortgage to
Mrs A. was executed at the time the money was paid: only
that the Title deeds were not delivered. If it be not,
I should suppose that W. could have no objection to execute it
at any time; and that is all that Guy could possibly get by
his suit. You must stop that suit if you possibly can; for
the sake of all parties concerned. Upon It will be heavy to
Guy himself in the first instance. An Attorney won't undertake
a Chancery suit without having money in his hands.
There will be a vast expense to all parties: it will make
W. still less able to fulfill his engagements and get the writings
out of the hands of the parties concern'd than he was
before: if W. should prove insolvent the costs Guy's share of the costs
would ultimately fall upon the estate to which Guy is Executor;
that is upon Mrs Arkworth alone; or upon her
with the other legatees. As to Filkin's advising it, that
is not to be wonder'd at: it would afford him pretty pickings

Identifier: | JB/538/096/001 "JB/" can not be assigned to a declared number type with value 538.
Date_1	1777-02-14	Marginal Summary Numbering
Box	538	Main Headings
Folio number	096	Info in main headings field
Image	001	Titles
Category	Correspondence	Number of Pages
Recto/Verso		Page Numbering
Penner	Jeremy Bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number
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