chancery report porter contra Hubbart hill Lord chancellor Vaughan and  Rainsford assignee not to be in a better condition than the mortgagee a Cause  reheard after almost four year prosecution after hear and it be touch  redemption of a mortgage how interest shall be abate and a account state the  case be that the plaintiff father mortgage the manor of Alfarthing for pound  to daw who enter in no interest be then pay and he enjoy it till and then the  executor of the mortgagee assign it to the defendant father for pound part of  a debt owe by daw that be a farmer of the custom the defendant father enjoy  till and charge the land with above pound and in the plaintiff bring a that be  a farmer of the custom the defendant father enjoy till and charge the land  with above pound to redeem which be hear in by justice Rainsford and a  redemption decree and interest from to to be moderate to pound per cent and  profit to be account for the defendant appeal to the Lord keeper Bridgman who  assist with Moreton Terrel and wile order interest to be set against the  certain profit from to the defendant father be purchase but casual profit to  be account for chancery report and what the interest of the pound come to  before to be take as principal in at the assignment and interest to be compute  from that time for the pound and interest then due the plaintiff after four  year proceed upon this order appeal to my Lord Shaftsbury ut above who upon  the hear declare that no assignee of a mortgage shall be in a better condition  than the mortgagee and rule interest to be pay but for the first pound from  the beginning though precedent be cite videlicet warder and sayer mich car by  master of the roll Hamond and Conningsby mich car Lord chancellor and master  of the roll smith and Pemberton east car Lord chancellor as express in the  case but it be otherwise if the mortgagor come into the assignment chancery  report er p and as to the abatement of interest it be allege that a ordinance  about give power to abate interest for the troublesome time between and as the  circumstance require and precedent be cite videlicet Mansell and Jenkins Julii  car master of the roll chancery report upon a mortgage in and then a  redemption decree and interest mitigate to pound per cent from to but there  both party be in the king service and the land sequester for the mortgagee  delinquency so that no profit be make of the land Lord Cobham and Lord Ross  Julii and Julii car the Lord chancellor Clarendon and master of the roll to  redeem a mortgage make in December where it be so mitigate that there the  mortgagee promise to enter and agree so to do but do not whereby the land be  sequester Lord Cornwallis and miller make upon the precedent of Mansell and  Jenkins and without opposition be upon a extent and for a tailor bill and the  case of the earl of Derby c where interest be quite take away but these where  upon the reason that the rend of the land be lose or but little can be make  but in this case of porter the land yield as much all that time as at any  other and the mortgagee in possession in so that there be no loss by the land  more than tax chancery report but Mr porter father be in the king Army be a  BedChamberMan and be a sufferer in his person and therefore interest be  moderate to pound per cent from not only to but from thence to pound and so  until this time but quaere by what power can it be moderate from to contrary  to the law and never one precedent in it vide ante but Mr Keck argue that it  ought to be but at pound from for that by the Act make or to settle it at  pound it look back to all contract before that time and that it be the  constant practice in the exchequer and that he be overrule in it by the Lord  chief baron hale who draw that Act and say that it be the intention of it and  the Lord chief justice Vaughan argue for the total take away the interest  between and for that most man then bury their money and so make no interest of  it but then a man may have take it up as occasion serve when as lend upon a  mortgage he can not have it when he will and these rule be give a account be  direct both of casual and accidental profit from young v cook chancery report  er report date chancery report young contra cook Apr Lord chancellor Ashley  and justice Atkins relief on a award upon a demurrer to a bill to be relieve  against a AwardBond for excessive damage give and order that the defendant  shall answer but the benefit of the demurrer save to the hear upon which the  case of Morgan contra pindar and Cooper contra the butcher of Croydon be cite