case matthews versus cartwright July Thomas matthews give the plaintiff at  different time three note one for pound another for and the last for pound and  express in each to be secure by mortgage on my Stokehall estate the drawer of  the note have before mortgage the same estate to the defendant the plaintiff  take in a prior mortgage to protect the sum lend upon the note Lord Hardwicke  hold there be nothing to differ this case from the common one and that the  defendant shall be pay the money lend upon the note in the first place as well  as the money due on the assignment of the prior mortgage the plaintiff have a  note date march to this effect receive of my brother Mr Thomas matthews to be  secure by mortgage on my Stokehall estate a d note date August in these word  receive of my brother Thomas matthews to be secure by mortgage on my Stokehall  estate a d note for pound in the same term the drawer of the note have make a  mortgage before of this very estate to the defendant the plaintiff afterward  bring in a prior mortgage to protect the sum lend upon the three note against  the second mortgagee Mr Cartwright t defendant insist no money be ever advance  by the plaintiff as a consideration for the three note the chancellor offer to  direct a issue to try the consideration upon peril of cost against the  defendant Cartwright but he not care to run the risk Lord Hardwicke say I be  of opinion here be nothing in this case which be different from the common one  of a first second and three mortgagee where the last after have notice of a  second mortgage prior in time to his own buy in the first encumbrance to  protect himself in that case the second mortgagee hall not redeem without pay  both first and three mortgage so in the present case the plaintiff the note  holder upon his have notice of the second mortgage to the defendant and pay  off the first encumbrance upon this estate and take a assignment of it shall  protect himself against the defendant mortgage and shall be pay in the first  place the money lend upon the note as well as the money due to he upon the  assignment of the first mortgage wright v Pillin Prec Charles say vide brace v  Marlborough p W Morret v pask ante anon Ves atkins er p