c Newcombe v Bonham S c vern and Ventr Ch can Eq can ab mortgage when  redeemable post case Anthony young for pound consideration convey land to  Bonham and ux and the heir of Bonham who marry his sister and in another deed  make at the same time Bonham redemised part of the land to young for year if  he live so long and covenant that in case young during his life and during the  say term of year shall pay Bonham pound with interest then Bonham and his wife  be to regrant the fee to Anthony young young in the same deed covenant that in  case he do not pay or tender the pound with interest during the term and  during his life then neither the say young nor his heir shall have any benefit  in law or equity of the say covenant but shall be exclude from all equity of  redemption young die the plaintiff wife be heir at law to young prefer her  bill to redeem and it be insist upon by sergeant Maynard c that this be a  bargain and a plain purchase and no mortgage and though he have a power during  his life to redeem yet it be his intention freeman that his heir shall not and  here the defendant may be at great damage for if young have live twenty year  the defendant be to have no interest for his money all that time and then if  he may come any time and pay he his money with simple interest or his heir  after this will be a great prejudice to he but the Lord chancellor hold clear  that he shall redeem for be once redeemable and once a mortgage the negative  word shall not make it otherwise and if this shall be suffer the scrivener  will quick get this way and cozen mortgagors out of their estate that if the  mortgagors do not redeem during their life it shall never be redeemable by the  heir and he cite a case between Hamond and Harris post c p and c p where a  mortgage be make and there be this clause in it that if he or the heir male of  his body shall pay the money in such a time that it shall be redeemable but if  he nor his heir male do not pay it in the time that then it shall not be  redeemable the mortgagor die without sue male and yet the heir general be  admit here to redeem and the lady Jason case post c p be cite where all the  negative word imaginable be insert in the deed to bar the equity of redemption  and all manner of circumstance swear that may conduce to the hinder of the  redemption and yet the party decree to redeem and another case between  Illington and gardener in this very point where a mortgage be make for a pound  with a condition that if the mortgagor do in eleven year and in his own  lifetime pay the pound and interest then the mortgage to be void the mortgagor  die and yet there his heir do redeem it be say at the bar that if a mortgage  be make upon condition to be void upon payment of a certain sum of money at a  day but if the money be not pay at the day and the mortgagee do pay a further  sum to the mortgagor then the mortgagor to be conclude of the equity of  redemption if the mortgagee pay the money and the mortgagor accept it that  then he shall be bar for this be quasi a new agreement but the mortgagor be  not bind to accept it post c p but may redeem at any time until he be conclude  by the court and put in negative word signify nothing videlicet to say if the  money be not pay at such a time that it shall not be redeem for if that shall  be suffer the scrivener will cozen all mortgagors out of their estate freeman  note in the case above it be think hard by several at the bar that the  plaintiff shall be permit to redeem against the express agreement of his  ancestor and it appear by beg lib cite infra that this decree of Lord  nottingham be reverse by Lord keeper north and the reversal be affirm in house  proc see Ventr where above journ of house of lord vol upon the special  circumstance Reg lib b fol the court declare that the deed of lease and  release execute to the defendant do not create a absolute estate in feesimple  to the defendant but be a security and be so can not be extinguish b any  covenant or agreement at the time of make the mortgage and therefore there  ought to be a redemption decree that on payment of what upon take the account  shall appear to be due to the defendant in respect of the say mortgage they  the say defendant shall reconvey and reassure the say land and premise to the  plaintiff free from encumbrance do by they or either of they the case be  reheard when the Lord chancellor confirm his first decree but by Reg lib b fol  it appear that a bill of review be bring when the Lord keeper north declare  that the say lease and release notwithstanding the redemise to young do create  a absolute estate in the defendant and that the same neither can nor ought in  any sort to be deem a mortgage his lordship therefore reverse his predecessor  decree and dismiss the plaintiff bill as far as it seek a redemption of the  say premise but without cost freeman er p