134 HIGH COURT OF CHANCERY.

It is, therefore, thought, if this case was before a jury upon
all the evidence, the inference that Gordon, with the authority
of the bank, assented to the provisions of this deed, and agreed
to give up the liens of the judgments, and look alone to the
trustees for the payment of the money, could not be made.

Neither can it be said, I think, that there was anything in
the conduct of the bank, or of Mr. Gordon, in this correspond-
ence, even assuming, in opposition to his evidence, that every
letter from him was written under special directions from the
former, which could have induced the complainant and others
to become purchasers of the land, and to believe that recourse
would only be had to the trustees for the payment of the
money; the liens created by the judgment being altogether
abandoned.

So far as the complainant himself is concerned, the principal
purchase made by him was anterior to the commencement of
the correspondence, and only a little more than five months
from the date of the deed. With respect to that purchase,
therefore, it seems impossible to say that he was influenced by
the correspondence. And with regard to the last purchase, in
October, 1843, there is no evidence that he ever saw the cor-
respondence. Indeed, a portion of it, and some of the letters
now mainly relied upon by the complainant, bear date after the
purchase was made. Besides, as with regard to some of the
judgment creditors, Lynch and Craft, and McKim, for exam-
ple—it is not pretended that anything was said or done by
them to induce the complainant and others to purchase, or to
lull them into a false security, there is no very good reason to
believe that the purchasers looked to the conduct of the judg-
ment creditors at all; but, that they were governed by their
confidence in the integrity and legal capacity of the trustees,
duly to fulfil the trusts confided to them by the deed. If the
purchasers, not relying upon this confidence, but adopting the
precaution of ascertaining the assent of the judgment creditors
to the provisions of the deed, and their willingness to abandon
their liens, would not buy without such assent, it is not very
probable that the objection would have been removed unless