case Holford versus Burnell April in court master of the roll Eq can ab pl S c  a defendant hold to the offer in his answer though the circumstance of the  case be vary from what they be at the time when the answer be put in vide  Jones and Lenthall Ch can where a person have swear in his answer to avoid a  sequestration that he be satisfy a debt owe to he in a bill now bring by he  for the say debt the master of the roll will not suffer that answer to be read  against he the plaintiff bill be that the defendant may redeem or be foreclose  the defendant by answer confess the plaintiff mortgage and that he the  defendant have the equity of redemption assign to he the better to secure a  debt owe to he by the mortgagor offer to pay the plaintiff what be due on his  mortgage this cause rest thus for some time and afterward the mortgagor be  abscond a bill be bring by several of his creditor against the plaintiff Mr  Holford and other and in that case it appear that the land mortgage to Mr  Holford be subject to a mortgage prior to his and that the mortgagor have make  a deed of trust of those land among other for payment of his debt and upon  hear of that cause it be decree that the now plaintiff shall be only pay in  proportion with the other creditor and not like that decree he bring this  cause to hear on bill and answer and in regard the land by the deed of trust  be subject to the payment of more debt than the same be worth to be sell the  defendant will now go back from the offer in his answer and be content to be  foreclose and it be strong insist for the defendant that he ought not to be so  bind by this offer in his answer but that he may notwithstanding wave it he be  content to be foreclose and the rather for that since the answer put in the  original cause be hear and decree that the now plaintiff shall be pay but in  proportion with the other creditor and now by bring on the crosscause upon  bill Vernon chancery case and answer the plaintiff will vary the decree make  in the original cause and that the circumstance of the case be now much alter  and vary from what they appear to be in the crossbill and from what be know at  the time of the answer put in and the plaintiff can not have a decree beyond  his own bill which be only that the defendant may redeem or be foreclose but  notwithstanding this the master of though roll hold the defendant to the offer  in his answer and decree he to pay the money due to the plaintiff Reg lib a  fol Vernon chancery case er p