case William BLENKARNE appellant robert jennens and other respondent that  march Mews dig go ten a defective surrender of a copyhold estate for secure a  sum of money which be become void by not be present in due time make good  against a subsequent purchaser with notice a have notice of a encumbrance  purchase in the name of b and then agree that b shall be the purchaser who  accord pay his money without notice of the encumbrance though b do not employ  a nor know any thing of the purchase till after it be make yet b approve of it  afterward make a his agent ab beginning and therefore shall be affect with the  notice which he have vern viner vol p can one Charleton Whitelock Esq be seize  in fee of a small copyhold estate at Walton upon Thames in the county of  Surrey and be indebt to Carew Guidott in pound he on the d of November make a  conditional surrender of this estate to Guidott redeemable on payment of the  pound with interest and he also execute a bind in the penalty of pound as a  collateral security Whitelock be indebt to the appellant in pound on a  judgement and Guidott have for near four year neglect to brown present his  surrender at the manor court the appellant in order to recover his debt treat  with Whitelock in the name of the respondent more but without his privity for  the purchase of this copyhold estate and though he know of Guidotts surrender  and debt yet he imagine the surrender to have become void by not be present  and enrol in due time the appellant have agree for this purchase for pound  procure a surrender of the estate from Whitelock to more on the that of march  and more be afterward acquaint with this transaction and approve of the  purchase the surrender be present at the next court and he be admit and pay  his fine and purchase money accord pound part whereof be receive by Whitelock  and the remain pound pay by his order to Blenkarne in satisfaction of his  judgement debt in Trinity term Mr Guidott be inform of this purchase exhibit  his bill in chancery against more Whitelock and the appellant pray that they  may either redeem his mortgage or be foreclose but he and Whitelock soon  afterward die the suit be revive and carry on by the respondent jennens and  his wife on the that of November the cause be hear at the roll when his honour  decree that the defendant Blenkarne shall pay the plaintiff the pound which he  have receive as aforesaid with interest from the saint of may when the same be  pay to he and that the other defendant more shall pay to the plaintiff the  whole interest of the pound from the d of November to the saint of may and the  remain pound and interest together with their cost or in default thereof that  he shall surrender the premise to the plaintiff who be decree to hold and  enjoy the same against more and all claim under he from this decree the  defendant more appeal to the Lord chancellor Cowper and the cause be hear  before his lordship on the that of may it be decree that the defendant more  shall pay the plaintiff their principal and interest and that the defendant  Blenkarne shall repay he the same with interest and shall also pay the  plaintiff their cost upon the application of the defendant Blenkarne this  cause be reheard before his lordship on the d of July follow when it be decree  that the defendant Blenkarne shall within a month pay to the defendant more  what he have pay as brown er p a purchaser and for the fine and the charge he  be at in such purchase with interest at pound per cent and his cost of suit  and that thereupon the defendant more shall surrender the premise to the  plaintiff and account for the mesne profit and that the defendant Blenkarne  shall pay the plaintiff their cost but in default of the defendant Blenkarnes  pay more as aforesaid then the order of the that of may be to stand confirm  with this direction that the defendant Blenkarne shall pay the defendant more  his cost brown on the saint of December the master report pound S d due to the  plaintiff for principal interest and cost but the defendant Blenkarne instead  of pay this money appeal from all the decree and proceed insist t powys n  Lechmere that in point of equity he have good right to endeavour to secure his  debt it be as just a debt as Mr Guidotts and due upon as high a security and  that Guidott have by his own wilful default lose the advantage which he have  at law he ought not now to be prefer in equity to the appellant that if pocket  surrender shall be countenance in court of equity the lord of manor will be  defeat of their just fine and copyhold title will become precarious and  uncertain that all the notice prove upon the appellant prior to the purchase  amount only to notice that Guidotts debt be intend to be secure by a mortgage  but be real satisfy or at least that he have neglect to perfect his security  in point of law and the appellant conceive himself at liberty both in law and  equity to get his own debt as well as he can inasmuch as Guidott be likewise  at liberty to deprive he of it and pay himself by get the land into his  security on the part of the respondent jennens and his wife it be contend I  Pratt W Guidott that there be no colour for say that Mr Guidott have waive the  surrender and rely only on the bind for that a bind be always usual on  mortgage whether by surrender of copyhold or a conveyance of freehold land and  there be not the least proof in the cause of his ever have waive the surrender  that the court have upon all the hear be of one and the same opinion that  these respondent ought to have their principal interest and cost though the  direction for the payment thereof as between the appellant and the respondent  more have be vary that if the appellant have take the surrender to himself it  can not be doubt but he will have be affect with notice and there be no  difference in reason between the take it in his own name or in the name of a  stranger who he afterward impose it upon and as to the objection that Mr  Guidotts surrender be not present at the next court hold for the manor it be  not prove nor be it true in point of fact that he have any notice of such  court but as the appellant have full notice of Mr Guidotts title he and the  respondent more for who he be agent ought to be bind by such notice on behalf  of the respondent more it be insist I Jekyll that he be a innocent purchaser  without the least notice of Mr Guidotts encumbrance and that he have actual  pay his money and complete his title by admittance long before he know any  thing of this mortgage that he be admit at a public court where he must needs  have have notice of it if the surrender have be present accord to the custom  of the manor that the agreement with Whitelock for the land be make by the  appellant and the surrender take in this respondent name without brown his  privity or direction that the notice of Guidotts mortgage be only give to the  appellant and it be not even pretend that the respondent more have any manner  of notice thereof until after he be actual admit and have pay his money that  if Mr Guidotts representative be entitle to any relief it can only be against  the appellant and as the respondent be bring before the court in the character  of a fair purchaser who have not in any shape misbehave himself he be just  entitle to his cost and accord after hear counsel on this appeal it be order  and adjudge that the same shall be dismiss and that the decree order and  report therein complain of shall be affirm jour vol p brown er p