from any prejudice which might arise to him by his signing the receipt for £4000, or that he told Steele that if the £2500 were not paid him he would, by virtue of the note or receipt for £2500, be entitled to an allowance thereof out of the £4000, or that Steele asked him any questions relating thereto. He also denied that the deed was placed in his hands as a common trustee until the £2500 should be paid to Steele and a proper defeasance executed, or that until the same was done no use was to be made of the deed, or that then Steele's former assignment for £1500 was to be delivered up to Steele; and he also denied that the deed was given to him upon any other terms than those set forth in the note which he gave; nor did he use any persuasion to induce Steele or Minshull to entrust the deed to him, or to induce Steele to sign the deed or the receipt thereon endorsed, or to accept Minshull's note or receipt for £2500; nor was he any way privy to or acquainted with the reasons which induced Steele to do the same, save that he knew the £1500 was or was mentioned to be the consideration of a former deed of sale of Steele's fifth share, dated about 24th July 1716. And Wilbraham had heard that Gery had, before the 31st January 1717, advanced £1500 to Minshull upon the credit of Steele's first assignment, and that Minshull had assigned over to Gery Steele's first assignment as security; but he did not then apprehend that Gery had advanced to Minshull, or was to advance, £2500, and therefore he understood himself to be only a trustee as between Steele and Minshull. But some time afterwards Minshull and Gery came to Wilbraham and told him that Gery had advanced a further sum of £2500, and that the whole £4000 was therefore, in truth, Gery's money. Wilbraham then drew up a declaration of trust to that effect, dated 31st January 1717, which was duly executed by Minshull in the presence of one Mr. William Aspin and Wilbraham, witnesses. But Wilbraham admitted that this deed was not executed on the 31st January 1717, as dated, but some time afterwards, though he could not remember the particular time. After the execution of this last deed Wilbraham considered himself as a common trustee between Steele and Gery. After all this, when, as Wilbraham believed, Minshull had failed in answering Steele's drafts of money upon him, Steele sent to Wilbraham and offered him thirty guineas to deliver up the deed of assignment of the 31st January, and said Minshull was consenting thereto; but Wilbraham answered that Minshull's consent would not indemnify him for so doing, because he knew that the money intended to be secured by the assignment was not then Minshull's but Gery's, and that he must have Gery's consent; he therefore refused to deliver up the deed. And he believed Minshull sent to him when he was not at home, as narrated in Steele's Bill; and he from time to time acquainted Gery with the proceedings of Steele and Minshull; but he