for the costs thereof, and also with several sums over and above the £1500, the total of one account amounting to £768 19s. 9d., and the total of the other to £712 5s. 10d., so that on the whole Minshull charged Steele as debtor for £3029 3s. 7d., and at the same time gave Steele credit for £1418 received of Castleman and £400 received of Paterson, whereby there was a balance of £1211 3s. 7d. due from Steele to Minshull, as will appear by the said account signed by Minshull and Steele; and Gery was privy to the stating of this account, and continued by virtue of Steele's note endorsed by Minshull to receive Steele's share of the profits until the 24th January 1719, and received thereby £348. There remained then due to Minshull for principal and interest only £886 16s. 6d. or thereabouts, but Steele tendered to Minshull £900, and demanded the assignment for £4000, and also the assignment for £1500, which Minshull pretended he had long before redeemed, and often promised to deliver to Steele, and had received back the defeasance and counterpart from Steele, and also Steele's note to Castleman. Minshull sent to Wilbraham's house for the said assignment, but Wilbraham being out of town or from home, Minshull desired the matter might be put off to another opportunity, and that in the meantime he might continue to receive the profits belonging to Steele, the same to be afterwards deducted out of the said £886 16s. 6d. To this Steele agreed; and on the 4th February 1719 paid Minshull the further sum of £300. And afterwards, on or about the 26th November 1719, Gery, by virtue of Steele's note, received the further sum of £238; but Minshull had in the meantime paid to and for Steele some other sums, so that, on the 11th December 1719, there remained due from Steele to Minshull £596 2s. 9d.; and thereupon Minshull by a writing dated the said 11th December declared that Steele before the expiration of two years from the 31st January 1717 tendered to him full satisfaction for the consideration money mentioned to be advanced to Steele by the said deed of sale, but that he (Minshull) could not then come at the deed by reason of Wilbraham not being at home when he sent for it, and therefore he desired Wilbraham by this writing to deliver up to Steele or his order the deed dated 31st January 1717 on payment of the sum of £596 2s. 9d., that being all the money then due to Minshull. Steele sent this writing to Wilbraham, offering to pay the £596 2s. 9d., and well hoped the deed would have been delivered up to him, and that the other assignment of the 24th July 1716, and the order to Castleman, would have been delivered up by Minshull. But now Minshull, Wilbraham, and Gery, combining together, and with William Woolley, Esq., of the county of Derby, and with others as yet unknown, to defraud Steele of his share in the Theatre, Wilbraham utterly refused to deliver up the deed of assignment of the 31st January 1717,