case fox versus crane wight Dec at the roll a mortgage land to b afterward  upon marriage settle the same on himself for life to his wife for life  remainder to the heir of his body by his wife afterward a mortgage the same  land to c and make affidavit they be free from encumbrance a die intestate  leave a son d administer to a during the minority of the son and out of a s  personal estate pay off the first mortgage and take a assignment in trust for  the son decree the administrator shall not be allow as against the second  mortgagee what he pay in discharge of the first mortgage John wight the  defendant father be seize in fee of the land in question a in mortgage they to  one barn for one thousand year to secure three hundred pound and interest and  give a bind in pound penalty for performance of covenant r l and in without  take notice of this mortgage in consideration of the marriage then intend  settle those land to the use of himself for life to his intend wife for life  for her jointure remainder to his heir on the body of mary his intend wife to  be beget the marriage be accord have and portion pay and the defendant wight  be the old son of the marriage Vernon chancery case after this wight the  father mortgage these land again to the plaintiff and make affidavit they be  free from encumbrance and short afterward in die intestate the defendant crane  be the uncle of the defendant wight take administration during his minority  and hear of the mortgage to barn which be prior and may impeach the  marriagesettlement pay what be due on it out of the personal estate and take a  assignment of the mortgage and also of a bind give for performance of covenant  to himself in trust for his nephew the infant the plaintiff be creditor by  mortgage with a covenant for payment of the money and bind for performance of  covenant bring his bill that lie may either redeem the first mortgage and hold  the estate until he receive what be due on both the mortgage or that the  personal estate of wight the father may be apply to satisfy his debt and that  what crane the administrator have pay in discharge of the first mortgage may  not be allow out of the personal asset but remain a charge upon the land for  the defendant it be insist that the defendant wight the issue in tail come in  under the marriagesettlement be a purchaser as well as the plaintiff and prior  in time and if they be both plaintiff before the court to redeem the first  mortgage it will be decree to the defendant wight for in this case who prior  be tempore potier be jure and much less will the court take that advantage  from he when without the assistance of the court he have get that mortgage  assign in trust for himself and as to the personal estate it be as Vernon  chancery case reasonable to apply it to pay off the first mortgage as to pay  off the latter and where there be creditor in equal degree the administrator  may prefer which of they he think fit and that this be not within the reason  of the case between knight and Keyme cite in Vernon chancery case er p Porey v  marsh ante under the name of knight v gay there the personal estate be apply  in prejudice of a bind creditor to satisfy a statute which bind the land and  the bind can not affect they and the court usual marshal the asset so as all  creditor may have a satisfaction but never to prevent any creditor from obtain  satisfaction of his debt nor a purchaser from protect his purchase and in this  case the issue in tail be certain in the nature of a purchaser and though the  father have a power to bar the entail yet not have do it the issue be in per  form gift and now the settlement be become as effectual as if it have be limit  to the first son and be so intend by the statute until that fiction in law of  a co minion recovery be invent and the case of weal and low be cite where  tenant in tail have sell at a full value and receive the considerationmoney  and have covenant to levy a fine and be decree to do it yet die though in  prison in contempt for not perform the decree the issue in tail can not be  bind by it the master of the roll decree the plaintiff debt to be satisfy as  far as asset of wight the father and direct that in take of such account crane  the administrator shall not as against the plaintiff be allow the pound by he  pay to barn on his assign of the mortgage the fact of make this affidavit by  the intestate do not appear probable S c cite also in Powell v Powell pre Ch  and so if tenant in tail do not by some act confirm the agreement be Ross v  Ross Ch can Jenkins v Keynes Le v for the heir come in by the statute de gift  single and not as derive from the ancestor who contract ibidem and as to the  before and operation of covenant by tenant in tail vide Mackel v clark Mod so  wharton v wharton ante say vide as to a covenant by tenant for life with power  to settle a jointure and in pursuance thereof a particular deliver in the land  in the particular prove deficient issue in tail decree to make it good accord  to the covenant lady Clifford v Lord Burlington post and the plaintiff be to  be at liberty in the say defendant the administrator name to sue for and  recover such debt owe to the intestate as be now stand out towards raise her  say debt interest and cost as aforesaid the say plaintiff first indemnifying  the say defendant the administrator to the satisfaction of the master in  respect thereof Reg lib a fol