The arbitrators also decided that "if occasion should move them [Burbage and Brayne] to borrow any sum of money for the payment of their debts owing for any necessary use and thing concerning the said Theatre, that then the said James Burbage and the said John Brayne should _join_ in pawning or mortgageing of their estate and interest of and in the same."[73] An occasion for borrowing money soon arose. So on September 26, 1579, the two partners mortgaged the Theatre to John Hide for the sum of L125 8_s._ 11_d._ At the end of a year, by non-payment, they forfeited the mortgage, and the legal title to the property passed to Hide. It seems, however, that because of some special clause in the mortgage Hide was unable to expel Burbage and Brayne, or to dispose of the property to others. Hence he took no steps to seize the Theatre; but he constantly annoyed the occupants by arrest and otherwise. This unfortunate transference of the title to Hide was the cause of serious quarreling between the Burbages and the Braynes, and finally led to much litigation. [Footnote 73: Wallace, _op. cit._, p. 103.] In 1582 a more immediate disaster threatened the owners of the Theatre. One Edmund Peckham laid claim to the land on which the playhouse had been built, and brought suit against Alleyn for recovery. More than that, Peckham tried to take actual possession of the playhouse, so that Burbage "was fain to find men at his own charge to keep the possession thereof from the said Peckham and his servants," and was even "once in danger of his own life by keeping possession thereof." As a result of this state of affairs, Burbage "was much disturbed and troubled in his possession of the Theatre, and could not quietly and peaceably enjoy the same. And therefore the players forsook the said Theatre, to his great loss."[74] In order to reimburse himself in some measure for this loss Burbage retained L30 of the rental due to Alleyn. The act led to a bitter quarrel with Alleyn, and figured conspicuously in the subsequent litigation that came near overwhelming the Theatre. [Footnote 74: See Wallace, _op. cit._, pp. 201, 239, 240, 242.]