STRIKE'S CASE. 61

ances made in contemplation of future advances of money from
Strike, although he afterwards received such advances from him:
that in October 1812, he applied for the benefit of the insolvent
laws, and obtained a release of his person, and Strike was appointed
his trustee, as being already in possession of the principal part of
his property, but he has not since applied for or obtained a final
discharge; that he himself continued to occupy one of the lots,
on which there was a good dwellinghouse, about eighteen months
after the date of the deeds, without any agreement, or even sug-
gestion, on the part of Strike, of his being under any obligation
to pay rent for it; that the other lot, on which there was a small
dwellinghouse, was rented, and he received the rent for his own
use for more than eighteen months, after the date of the deeds,
without any molestation from Strike; that he, this defendant, con-
stantly paid the ground-rent, taxes, and all other dues, incident to
the ownership of those lots, during his residence in one of them,
and for a long time afterwards; that during that period he borrowed
of Strike, from time to time, about seventeen hundred dollars, and
laid it out in erecting a furnace on one of the lots which he car-
ried on about two years and a half in conjunction with McArdle &
Coulson, to whom Strike granted a lease of it for ten years, reserv-
ing rent; that by the persuasion of Strike, he gave up to him the
lot on which he resided, and removed to another house nearer and
more convenient to the furnace; that before he left his house,
being much embarrassed in his affairs, on the persuasion of Strike,
he consented to a colourable distress and sale of his effects for
rent; but that he continued to hold possession of the property,
which he used, and afterwards sold as his own, without any claim
being made by Strike; that about eighteen months after Strike had
taken possession of the lot so delivered to him, he made some
improvements on it, an account of the expenses of which, as
charged to this defendant, together with the sums advanced for
erecting the furnace, and some other small sums, amounting to
about three thousand dollars, Strike shewed to this defendant, and
assured him, as he had often done on other occasions, that on the
payment of the amount, the property should be reconveyed; that
this defendant afterwards tendered to Strike the whole amount, so
claimed by him, and demanded a reconveyance of the property;
but Strike refused to comply. And finally, this defendant consents,
that the property be sold and the proceeds applied, under the direc-