brown dame mary lake widow appellant alice mason widow respondent that April  Mews dig I there be account subsist between a and b a banker b give a cash  note to e a trustee for c for pound and a mortgage his estate to another  trustee for c as a collateral security for the money c keep the note by he and  after the mortgage be forfeit b become bankrupt a bring his bill for relief  against the mortgagee because c neglect to turn the note into money hold that  a S estate be liable to pay the principal and interest due on the mortgage on  a appeal the house reserve give judgement upon the point till a account be  take between the party the account be accord take but before the appeal be  bring on again one of the party die and the suit below be thereupon regular  revive this be sufficient and the appeal itself need not be revive decree of  Lord Harcourt c affirm the case depend on its own peculiar circumstance see Eq  ab c the fact of this case have be already state upon occasion of the appeal  in the year see brown p c vol p title demurrer can it be now only necessary to  state the subsequent proceed which lie a ground for the present final  determination pursuant to the order make on hear that appeal the master on the  d of February make his report whereby he certify that on the that of September  there be a balance of pound S d due from mason to the Newells and that at the  time of their failure there be a balance of pound S d due to they from mason  many exception be take to this report which be argue and reargued and several  issue be thereupon direct to be try but both side appeal from brown er p  several part of the order make on that occasion and upon the hear of this  appeal on the that of march some of those order be reverse and another issue  be direct jour vol p this issue be try accord the cause be hear on the that of  July upon the equity reserve and for further direction before the Lord  chancellor Hardwicke when it be among other thing order that it shall be refer  to the master to rectify the former report accord to the several direction  then give pen these transaction Joseph Newell die have make his will and  appoint Benjamin Stoakes and other executor but Stoakes only prove the same  and the suit and proceed be therefore revive against he Charles mason also die  have first make his will date the that of September and thereby devise to his  wife Alice mason her heir executor administrator and assign all his real and  personal estate and appoint her sole executrix of his will and she duly prove  the same sir bible lake afterward exhibit his supplemental bill in the nature  of a bill of revivor against the say Alice mason widow devisee and executrix  of Charles mason and against Richard mason his son and heir and the say Alice  mason by her answer brown insist upon the devise make to her by the will and  that she be well entitle to all the real and personal estate which Charles  mason die seize or possess of but the say Richard mason by his answer declaim  all right or interest in or to the premise or any part thereof and upon hear  this supplemental cause on the that of November it be decree that the former  suit and decree shall stand revive and be carry into execution and that the  present party shall be at liberty to proceed in the account thereby direct in  the same manner as if the say Charles mason have be live accord the master  make another report date the that of march and thereby certify that the say  Charles mason be indebt to the Newells in pound S d on the say that of  September after have credit for pound which he on that day receive from Thomas  lake as the consideration of the indenture of mortgage in the original decree  mention and which be pay over by he to the Newells and that the say Charles  mason be indebt to the Newells on the balance of account in pound S d before  this report be absolute confirm sir bibi lake die have make his will date the  that of September and thereby appoint the petitioner his executrix and  residuary devisee of all his estate and soon after his death she prove the  will and the proceed in the cause which become abate by the death of sir bibi  lake be revive the last mention report be absolute confirm but before any  further proceed be have the say Benjamin Stoakes die whereupon letter of  administration of the personal estate of Joseph Newell unadministered by the  say Benjamin Stoakes with the will of Joseph Newell annex be grant to George  pain Esq in trust and for the benefit of his majesty there be due to sir bibi  lake by the master report of the that of November pound S d and the same still  remain due with interest from that time and the petitioner as his  representative be entitle to whatever benefit and advantage he have under the  decree and several order make in these cause which be now ripe for final  judgement upon the matter so reserve by the order of the that of may the  principal reason insist on by Mr mason upon the hear of the first appeal for  reverse the decree be that the pound be a loan not to Mr mason but to the  Newells who give their note for that sum that this mortgage be only a  collateral security and that he be not real indebt to the Newells at the time  of such loan but it now appear by the master report that so far be the Newells  from be indebt to mason on the that of September the time when the mortgage be  make that he be on that day indebt to they in pound S d and at the time of  their failure on the that of December follow he be indebt to they in pound S d  so that there do not appear to be the least colour brown for say that this  mortgage be only a collateral security for the Newells especial since at the  time of the execution of the mortgage the pound lend be pay by Mr lake into  mason own hand and apply to pay part of his debt to the Newells on the con  brown er p trary soon after the failure of the Newells Mr mason own this to be  his own debt and never pretend that the Newells be any otherwise concern than  as security for he till after the fill of the bill by Thomas lake there seem  therefore no reason to be offer against affirm the say decree and give the  proper direction consequential thereto and therefore the petition pray that  that part of the decree from which the say Charles mason so appeal as  aforesaid may be affirm to this petition mrs mason put in a answer admit the  several fact and proceed therein state but insist that as the appeal bring by  Charles mason against the original decree of December abate by his death and  the death of sir bibi lake and have not be revive by the respondent nor have  she bring any new appeal against the say decree such appeal be at a end and  ought not to be far proceed in but that the petitioner ought to have carry  that decree and the other proceed in the court of chancery into execution  accord to the method prescribe by the rule and order of that court and that  therefore no judgement shall now be give by the house in that appeal but on  behalf of the petitioner it be submit d rider W Murray W Hamilton that her  present application be not only proper but absolute necessary to have the  cause final determine for Mr mason have appeal from that part of Lord harcourt  decree which charge his estate with pound and interest and direct the same to  be sell for satisfaction thereof and the house have reserve give judgement on  the point in question till the account shall be finish and direct the party to  resort back again when that be do there be a stop to all proceed in the court  of chancery except such only as relate to the account and it be impracticable  for the party to proceed a step far without resort back to the house for their  determination it be therefore immaterial whether the appeal be revive by the  respondent or not for the cause itself be revive in the ordinary way in the  court of chancery the petitioner have thereby a right to apply to the house  which she have do and humble hope for their judgement upon the case after hear  counsel for the petitioner and none appear for the respondent it be order and  adjudge that so much of the say decree of the that of December as be complain  of in the say appeal shall be affirm jour vol p