
    E. AND J. TAFT v. LEAVITT, S. CARY AND J. CARY’S ADMINISTRATORS.
    Unconscionable advantage — where there is, a decree will be refused, without justice is done.
    Where the complainant has procured an assignment of a land contract, given his notes for the payments, let them lie over until his creditor pledged them as security for money borrowed, and then bought them in a discount, chancery will not aid him to get a conveyance for the land, without he pays what is due, with interest.
    Where such a course has been resorted to, to obtain first a reduction of sixty-seven dollars out of two hundred and seventy dollars, and then an allowance of seventy-six dollars for the use of ninety-six dollars, for seven days, it is unconscionable, and will receive no aid in chancery.
    In Chancery. Leavitt gave a contract for land to one Baker, who assigned it to J. and S. Cary, and the purchase money was neai’ly paid up. J. Cary then sold J. and S. Cary’s interest to Taft for two hundred and seventy dollars, payable in three instalments. Afterwards, J. Cary, to indemnify Newton, Wood and Nettleton, for certain security, for two hundred dollars, they had entered into for S. Cary, at bank, placed in their hands, Leavitt’s contract for the land, and Taft’s notes, on condition that if J. Cary paid the debt at bank, the papers should be returned. Subsequent to this, Newton, Wood and Nettleton, having refused to give up the papers, in any other way, agreed with Taft to give them all up to him, upon his paying into bank three-fourths of the two hundred dollars in cash, which he paid, received the papers, and thus became possessed of the contract and his own notes for two hundred and seventy dollars, by paying only one hundred and fifty dollars. He gave Newton, Wood and Nettleton a bond of indemnity against Cary. The bill prays a conveyance. S. Cary is not of the county, and does not answer. J. Cary’s administrators resist the conveyance. Leavitt sets up a claim for the taxes. paid, and the balance due to him of the purchase money.
   By the Court.

The complainants seek to get up their notes and obtain a conveyance for a sum much less than is due. This Court will afford them no aid in such an undertaking. Their first note was due, and should have been paid long before the arrangemént of which they complain was made, and the second was due seven days afterwards. These two instalments would have paid the bank debt. By the arrangement, Tafts get a reduction of sixty-seven dollars, and an allowance of seventy-six dollars for the use of ninety-six dollars for seven days. This is too unconscionable to receive our aid. If the complainants are disposed to pay the sum actually due, they may have relief; but Leavitt will not be compelled to convey, until he is paid. The case may go to a master for an account.  