christopher Danby Esq a infant by margaret his mother and guardian plaintiff  sir John read Bart defendant bargain and sale of land in consideration of  pound and this be for one thousand year on condition to be void on repayment  of pound on any that day of August during that term and pound per and till it  be pay decree that this be a mortgage and that the pound per and be  interestmoney after the rate of pound per cent which be now reduce by a  statute to pound per cent the mortgagor shall account for no more sir Thomas  Danby the plaintiff father and though Danby his grandfather in may in  consideration of pound do bargain and sell to though pierpoint Esq and John  lee gentleman certain manor and land in Yorkshire for one thousand year  condition to be void upon repayment of pound on any ten day of August during  the say term and pound per and till such payment the father and grandfather of  the plaintiff have pay the say pound per and till the interest of money be by  a statute reduce to pound per cent and then the interest be pay at that rate  till this mortgage by several assignment come to the defendant sir John read  who demand the pound per and that be after the rate of pound per cent which  the father of the plaintiff report tempt finch have pay in his lifetime  because he can not sue for relief there be several outlawry against he however  he afterward exhibit his bill and sir John read answer and the Cause be hear  report tempt finch er p and the say purchase be decree only a mortgage and  that sir John shall have only pound per cent and a account direct upon that  foot and a day be appoint for the payment of the money before which day the  then plaintiff die without issue and the equity of redemption descend to the  now plaintiff Christopher a infant but before that time videlicet in June  without any notice take of the death of the then plaintiff a order be make by  the consent of counsel on both side that sir John bead shall take his debt by  instalment of pound per and and that the surplus of the rend and profit shall  go to the maintenance of the plaintiff and that sir John shall have the  possession of the premise accord he enter and receive pound and give discharge  pursuant to that order and it be now pray that be may be oblige to perform the  same sir John in his answer demand pound per annum and insist that the  original write be no mortgage at interest at pound per cent but in nature of a  rentcharge because the mortgagee can call in his money during the thousand  year and deny that he consent to the say order or take possession by virtue  thereof and say that he receive the pound towards the satisfaction of his  arrear of the pound per annum and of part of his principal money and not  pursuant to the say order and that he can in the least pretend to any  forfeiture there be no clause in the original grant to enforce the same the  court declare they can not compel sir John bead to perform the say order  because it be make after the death of the then plaintiff but that the say  original grant be a mortgage and not a BentCharge and that the defendant ought  to have no more than pound per cent since the interest of money be so reduce  by the statute and direct a account and a redemption at interest with respect  to the time the statute be make concern interest and as to the pound receive  by sir John read the plaintiff be leave to his remedy at law