c tilley v Egerton Oct car S c Ch Rep Ch Rep Eq can ab Lord chancellor I  Bridgeman mortgage money heir executor ante case post case Nic Tilley the  plaintiff brother be seize in fee of a message c in the county of Southampton  by deed in mortgage to Egerton in fee for security of pound with interest  freeman afterward in the presence of Egerton the plaintiff purchase the  premise of Nic Tilley and pay he part of the purchase money in hand and give  he security for the residue afterward in the plaintiff do agree with Egerton  for the redemption and purchase of the premise and that in satisfaction  thereof the plaintiff shall pay pound for ten year and then pound at the ten  year end the premise to be convey to the plaintiff and the deed to be deliver  up to he and upon the say agreement the deed of mortgage and other deed to be  deliver up by the consent of the plaintiff and Jo Egerton to Jo collier a  attorney to draw the agreement into write to the end it may be seal by the  plaintiff and Jo Egerton but before that can do Jo Egerton in die leave the  defendant Egerton his heir and Julian Egerton his wife the other defendant  take out letter of administration the heir and administratrix contest in their  answer who shall have the money the bill be for a interpleader and it be  decree for the heir But see the next case and those cite in the margin  headnote as well as the reference in the note thereto by which it be now well  establish that the executor and not the heir of a mortgagee be entitle to the  mortgage money it will be recollect however that this decree be make ten year  before the stat of distribution be enact previous to which the judge natural  incline in favour of the heir rather than of the executor who may be a  stranger in blood to the family see petit v smith p wms vide saint John  executor of Grobbam against Wareham vin ab c in note Reg lib fol decree that  the plaintiff shall have the redemption of the premise and as there be no  proof of any deficiency of personal estate of the mortgagee the court with the  assent of the Lord chief justice be clear of opinion that the heir of the  mortgagee ought to have the money to be pay for the redemption of the mortgage  premise the same point decree of Mars car c Owen v white all Nov S c Charles  Rep and see ibidem Nels Lord keeper Bridgeman I Morton mortgage money heir  executor interpleader ante case the bill be prefer by the mortgagor against  the heir of the mortgagee in fee and his executor pray that they may  interplead who shall have the money the mortgagee have devise all his mortgage  to the executor therefore the court decree the whole money to the executor  crips v Grysil cro car upon the principle that a mortgage in whatever form it  may be take be still but a security for money until foreclosure Reg lib fol  the court declare that all the mortgage money belong to the devisees under the  mortgagee will and not to his heir the counsel insist that the heir ought to  have part for that the mortgagee have not give all his fee away for the word  for ever be want nor any word of the heir or heir of the executor but decree  ut above freeman er p