case Matthew lant appellant alice crisp and another respondent that January  Mews dig ringtail vin vol it be not consistent with the rule and practice of  court off equity or warrant by precedent to enlarge the time for redemption of  a mortgage after the mortgagors acquiescence for six year under a foreclosure  by his own consent and especial after a alteration have be make in the estate  either in pull down the building or enlarge they or otherwise order of the  court of exchequer reverse see ante note to case viner vol p can can Eq can ab  can by indenture date the that of October William crisp decease father brown  er p of the respondent William and husband of the respondent Alice mortgage a  parcel of land in Leighton in the county of Huntingdon of the value of pound  per and to one brown mary Cranford for year redeemable on payment of pound and  interest this mortgage become afterward legal vest in the appellant as a  security for pound and interest and the interest be great in arrear the  appellant in Michaelmas term file his bill against the respondent in the court  of exchequer pray either payment of his principal money and interest or a  foreclosure of the equity of redemption and upon hear the cause on the that of  February it be decree that on the defendant pay what be due to the plaintiff  for principal interest and cost they shall redeem the say mortgage premise but  in default thereof shall stand foreclose of their equity of redemption and it  be refer to the deputy Rembrancer to compute what be due on the mortgage and  to tax the plaintiff his cost the deputy remembrancer have take this account  by his report of the that of march certify that there will be due to the  plaintiff for principal interest and cost on the d of may pound and the cause  be hear upon this report on the that of may the defendant be order on the  second day of the then next Michaelmas term to pay the plaintiff the say sum  of pound with subsequent interest and cost from the say d of may but in  default of such payment the defendant shall be foreclose of their equity of  redemption subsequent to this decree the plaintiff bring his ejectment in  order to get into possession of the mortgage premise whereupon the defendant  on the d of June apply to the court and obtain a order by consent that upon  their give judgement in the ejectment the time for redemption shall be enlarge  to the first day of the then next Hilary term and no long but instead of  comply with the term of this order the defendant on the d of January move the  court for further time to redeem when the court think fit to make another  order that upon their pay the plaintiff pound in manner therein mention the  time to redeem shall be enlarge to the last day of Trinity term but in case of  failure of payment of the remainder of the money due upon the say decree with  further interest and cost on the last day of the say Trinity term the  defendant be to stand absolute foreclose pursuant to this last order the  defendant pay the pound but no more and on the that of June they again apply  for further time to redeem when the court indulge they with a fortnight long  but order that in case the defendant do not pay the money decree with  subsequent interest and cost by that time they shall be absolute foreclose  notwithstanding these order the defendant still make default and there be more  due to the plaintiff on the mortgage than the estate be worth he about  Michaelmas enter into possession and consider himself as have a brown absolute  estate in the mortgage premise by virtue of the decree and the say several  order and accord proceed to make improvement thereon by pull down some  building which be in a ruinous condition after the plaintiff have be six year  in possession without any kind of interruption from the defendant they on the  that of November think proper to move the court for further time to redeem  when a order be make that upon the defendant pay the plaintiff pound more on  or before the first day of the then next Hilary term the time for redemption  shall be enlarge till the set down of cause after that term and in the mean  time the deputy remembrancer be to take a account of the rend and profit of  the mortgage premise ever since the plaintiff enter into possession but if the  defendant shall not redeem by the time aforesaid the say pound with the pound  former deposit be to be forfeit the defendant on the d of January tender this  pound to the plaintiff which he refuse to accept and on a affidavit of such  tender and refusal it be order that the former order of the that of November  shall stand and that the pound shall be bring into court be accord do on the  that of February upon the defendant motion the time for redemption be further  enlarge to the first day of the then next easter term and a commission be  grant for the examination of witness touch the account and on the that of  April the time be again enlarge to the end of the then next Trinity term and  in the mean time the deputy be to carry on the account brown er p on the that  of January the deputy make his report and thereby certify that there be due to  the plaintiff pound S d over and above the pound which he have receive and the  rend and profit of the estate but as to the matter of pull down the building  he can not by reason of the variety of evidence determine any thing the cause  be set down upon this report be hear on the that of February when the court  direct a issue at law to try whether and how much the estate be damnified by  pull down the house but from the order of the that of November and the several  subsequent order the plaintiff appeal contend c Phipps S mead that it be not  consistent with the rule or practice of court of equity or warrant by  precedent to enlarge the time for redemption of a mortgage after the  mortgagors acquiescence for six year under a foreclosure by his own consent  and especial after a alteration have be make in the estate either by pull down  the building or enlarge they or otherwise that the appellant have be two year  in possession when he pull down the building upon this estate which he may  reasonable look upon as his own have such a title as will have satisfy a  purchaser and therefore it may well be presume that the brown appellant think  the pull down the building will be a mean to increase the clear rend and so it  manifest appear by the proof in the cause that the direct of the issue tend to  punish the appellant as a wrongdoer upon a estate which under the several  decree and order of foreclosure be absolute his own and that there can not be  the least probability of a redemption in this case because the money report  due to the appellant amount to as much as the clear rend of estate at  fiftyeight year purchase exclusive of subsequent interest and cost in case the  issue shall be try and the cause come on to be hear again after such trial on  the other side it be insist e Northey that the appellant acquiesce under the  order of the that of November join in commission and examine witness and not  oppose the subsequent order for enlarge the time amount to a admission that  those order be just and that the estate in question be still redeemable but  after hear counsel on this appeal it be order and adjudge that the say order  of the that of November and all the subsequent order and proceed complain of  in the say appeal shall be reverse jour vol p