case george earl OF HUNTINGDON Appellant Frances countess dowager OF  huntingdon and Others Respondents that January a wife join with her husband in  a mortgage of her own inheritance in order to raise money to buy he a place  and the husband covenant in the mortgage to pay the money he accord pay the  money and take a assignment of the mortgage in trust for himself the mortgage  be for a term the husband devise it for the benefit of his young child but on  behalf of the old son and heir the premise be hold to be discharge from any  demand by the young child and that the term shall be assign as he shall direct  vern Eq can ab can viner vol p can vol p can by indenture date the that of  November and by a fine levy in pursuance thereof Theophilus earl of Huntingdon  and Elizabeth his then wife settle certain lordship manor land and  hereditament in the county York which be the estate and inheritance of the  countess as one of the daughter and coheir at law of sir John Lewis to the use  of the say countess Elizabeth and her assign during her natural life and after  her decease to the use of the appellant her son and the issue of his body with  other remainder over but subject to a power reserve to the earl and countess  during their joint life to revoke and limit new use some time afterward the  earl be desirous of purchase the place of captain of the band of gentleman  pensioner he prevail with the countess to join with he in mortgage the settle  estate for raise pound to make such purchase promise to repay the money out of  the profit of the place or otherwise accord by a deed date the saint of August  the earl and countess revoke all the former use and declare that in  consideration of pound pay to the earl by one cropper the premise shall remain  and be to the use of the say cropper for a term of year subject to redemption  on payment of the pound and interest and after the expiration or other soon  determination of the say term to the use of the say countess Elizabeth and her  assign during her natural life with remainder to the appellant and the issue  of his body and such other remainder over as be limit by the first settlement  and by this deed the earl covenant that he will pay off the mortgage money  brown on the d of January cropper together with the earl and countess assign  over this mortgage to one Mr Newport and sir William Cooper subject to a  proviso or agreement that if the earl and countess or either of they shall pay  the pound and interest the term of year shall be assign to the say earl and  countess or to one of they or as they or either of they shall appoint brown er  p the earl have afterward pay off this mortgage procure the term to be assign  by deed date the that of February to sir John Foach and the respondent sir  Philip meadow in trust for the say earl his executor administrator or assign  but the countess do not join in or be privy to this assignment on the that of  December the countess die and the earl continue in possession of the estate  till his death apply part of the profit towards the maintenance of the  appellant who be the reversioner and the residue towards satisfy the debt  secure by the say mortgage the earl have six young child by his second wife to  be provide for out of his personal estate of which he consider this mortgage  money to be part make his will on the that of April and thereby devise the say  mortgage and all other his personal estate to the respondent dr Gery his  executor in trust for his say six young child in the earl die and in  Michaelmas term in that year the appellant exhibit his bill in the court of  chancery against the respondent pray a account of the rend and profit of the  estate from the death of his mother and that the defendant sir Philip meadow  as the survive trustee of the year term may surrender or assign the same to  attend the inheritance free from encumbrance the cause be at issue be hear  before the Lord keeper wright on the that of may when his lordship decree a  account to be take of what rend and profit have be receive by the late earl  out of the mortgage premise since the death of the countess Elizabeth and that  the same after a reasonable allowance to be thereout make for the plaintiff  maintenance and education and other just allowance shall be apply towards the  discharge of the say mortgage and on payment of what shall appear to be remain  due thereon to the defendant dr Gery in trust for the defendant the infant the  mortgage be to be assign to the plaintiff or as he shall appoint from this  decree the plaintiff appeal insist W Cowper that he be thereby in effect  decree to pay the mortgage debt which be whole a debt of the late earl create  to serve his particular occasion and never be in any shape the debt of the  late countess nor do any part of the money come to her use beside the earl  covenant in the mortgage deed to pay and satisfy the mortgage money and  interest and this covenant be in fact brown perform the term ought not any  long to have be keep on foot unless to attend and protect the inheritance but  not to charge it that the appellant mother be at the time of make this  mortgage tenant for life with remainder to the appellant in tail and the  premise be her own inheritance the same ought not to be charge further or  otherwise than she agree or consent and it can not be imagine that she agree  to charge her land any otherwise than to stand as a security for the money  which her husband have occasion for and be thereby enable to borrow and to be  exonerate when he the principal debtor shall pay off the debt but she never  mean to make any absolute gift of so much money low husband or that her estate  shall stand mortgage to he or any in trust for he for that or any other sum  that it appear by proof in the cause that the earl in order to gain the  countess consent to the mortgage have promise that he will pay off the money  and discharge the land but if the earl have make no such promise yet he ought  not in conscience to be deem a mortgagee or encumbrance upon the estate for  have discharge his own debt which he alone be liable to pay and to be sue for  by virtue of his covenant and it be not agreeable either to reason or  experience that a principal debtor mere by pay the debt he owe shall become a  creditor and charge his own surety with the payment of the debt by any mean or  contrivance whatever on the other side it be contend t Vernon that the late  earl be no way compellable to discharge the land of his debt nor do the  countess when she agree to mortgage the premise for raise the pound desire or  insist on any covenant or agreement for that purpose but on the contrary by  the assignment of the in mortgage in January it be express agree that on  payment of the pound the term shall be assign to the earl and countess or as  they or either of they shall direct that the earl be so far from intend to  exonerate the land by his pay off the mortgage money that he not only take  care to have the mortgage assign and keep on foot but also consider himself as  a creditor for the money so advance brown er p he constant after the death of  the countess keep regular and exact account of his receipt and payment relate  to the mortgage premise that it be certain as lawful for the earl to lie down  the money and take a assignment of the mortgage as it will have be for any  other person to have do and therefore it be but reasonable that he shall have  the like benefit thereof to reimburse what he pay of such assignment as a  stranger may have have and since the earl have think fit to leave the money  due on this mortgage as a provision for his six young child who have very  slender fortune and a narrow subsistence it be hope that there will appear no  ground or reason to reverse or alter this decree but after hear counsel on  this appeal it be order and adjudge that so much of the decree as be complain  of brown shall be reverse and that the premise in question shall be discharge  from any demand which the respondent the countess of Huntingdon or her child  or their trustee or either of they pretend to have in respect of the pound and  interest and that the term shall be assign as the appellant shall direct or  appoint and that the profit of the estate in question which grow due and be  receive by the late earl after the death of the late countess or by his  executor since his death shall be account for to the appellant without be  discount out of the money pretend due on the mortgage but the master to who  the account stand refer be to make the respondent all such allowance for the  appellant maintenance and education and for all money lie out and expend in or  about the management and preservation of the say estate and all other just  allowance as in the decree be direct jour vol p