case child versus Stephens novembris in court Lord chancellor Eq can ab pl S c  a man indebt by several mortgage judgement bind and simple contract settle his  estate for payment of his debt the real security shall be first pay and then  the bind and simple contract debt in average this case come before the Lord  chancellor upon a point report special by the master for his lordship  judgement and be in short no more than this Vernon chancery case upon Mr child  estate there be many mortgage judgement and statute and he likewise owe  several debt upon bind and simple contract and have both by deed in his  lifetime and by will convey and settle all his land upon trustee for payment  of his debt now some part of his estate he have mortgage no less than thrice  over each time for near the full value it be now insist that these subsequent  mortgage be not encumbrance on the land for all the estate in law be in the  first mortgagee and so the subsequent mortgagee have only a equity and  likewise the judgement they will not immediate affect the land then in  mortgage and it come within the common case where a man settle by deed or  devise by will land for payment of his debt there all creditor shall be pay  alike in proportion whether they be creditor by bind or on simple contract  unless their security do affect the very land so settle or devise for payment  of debt and therefore the subsequent judgement and mortgage ought only to be  pay in proportion with the bind creditor and debt upon simple contract which  the Lord chancellor at first conceive ought to be so do and ask what can be  say against it whereupon it be insist that the mortgagee have a security for  their money which a court of equity will never take from they and be so there  can be no sale make of this estate without their consent and so all the debt  will remain unsatisfy for they that have the subsequent security have still in  preservation of their own interest a right to redeem and to set this estate in  a course of redemption will make pretty work in this case where there be more  than thirty mortgage for example a be a subsequent mortgagee b have a prior  mortgage of a moiety of the land contain in a s mortgage and also of several  other landSC have a prior mortgage of the other moiety of Vernon chancery case  the land comprise in a s mortgage and also of several other land now have a a  plain right to redeem all the land contain in both the mortgage of b and c and  so it may be carry on through the alphabet Vernon chancery case er p and after  long debate the Lord chancellor order that the real security shall be first  satisfy and then the debt by bind and simple contract to be pay in average for  that any other method in this case will become impracticable afterward at  another day videlicet that of December be the first seal a motion be make in  this case on behalf of one penruddocke who have a judgement on this estate  that he may be let into a satisfaction of his judgement before the second  mortgagee he be at law entitle to that preference and therefore ought not to  be deprive of it in equity the Lord chancellor declare he think the motion  reasonable till upon repeat the reason above mention he be satisfy it be not  to be do in this case if legal preference shall be precise observe it will end  in confusion and so make no order upon the motion all the other creditor have  consent to the former order but leave penruddocke to get his satisfaction as  he can by law Reg lib a fol vide Girling v lee and case there cite ante Deg v  Deg p wms on appeal and case there cite and former it be consider that if the  devise be to executor and also to a three person a stranger the asset will be  equitable only Lord Masham v Harding bun vide sharp v earl of Scarborough Ves  and note in this case the master in his report state a doubt how far the  trustee shall be allow their charge for execute the trust mention in the  report inasmuch as the estate be not sufficient to pay the debt but the court  order the same and all such charge as they shall so incur afterward to be pay  out of the money in their hand to be raise by a sale or profit of the estate r  l