case Bagot versus oughton Lord chancellor Cowper fortesc Rep Mod Cas a  covenant to pay the mortgage money not suable in equity unless covenantor  receive the money as where a feme sole seize of land subject to a mortgage  marry b and the mortgage be assign and b in the deed of assignment covenant to  pay the money and die his personal estate do liable in equity to pay the  mortgage money sir Edward Bagot marry the daughter and heir of sir Thomas  Wagstaff and for raise part of mrs Wagstaffs portion sir Thomas Wagstaff  mortgage part of his estate for and die leave lady Bagot his daughter and heir  the lady Bagot afterward join with her husband sir Edward in a deed and peer  William er p fine whereby she settle her estate on her husband and herself and  the heir male of the body of her husband it happen that the mortgagee want his  money sir Edward join in a assignment of the mortgage and covenant that he or  his wife or one of they will pay the money afterward sir Edward Bagot die  leave sir Walter his son by his say wife and his lady intermarry with the  defendant colonel oughton and die peer William and the question be whether by  reason of the covenant from the say sir Edward Bagot for the payment of this  pound mortgagemoney sir Edward personal estate shall be liable to pay the same  it be decree Reg lib a fol by Lord chancellor that this covenant by sir Edward  shall not oblige his personal estate to go in ease of the mortgage premisses  forasmuch as the debt be original sir Thomas Wagstaffs and continue to be so  the covenant upon he transfer the mortgage be a additional security for the  satisfaction only of the lender and not intend to alter the nature of the debt  vide Evelyn v Evelyn post Vol et vide Howell v price ante note from hence as  it seem it may be infer that if a feme sole make a mortgage and receive the  money and marry and then the mortgage be transfer the husband join in the  assignment and covenant to pay the money the wife or the heir of the wife upon  the death of the husband shall not compel a application of the husband  personal estate for the payment of the mortgagemoney by if the husband have  receive this money vide Tate v Austin ante Lewis v nangle Amb Clinton v Hooper  bro c c Pitt v Pitt Tur