case John SEABOURNE and thomas SEABOURNE plaintiff george powell thomas  SEABOURNE senior alice austin the wife of joseph austin William Mackley and  Judith his wife defendant principle approve but distinguish smith v Osborne h  l Cas see also tailor v debar Chan Cas master of the roll Nov a and his wife  be assignee of a lease mortgage to b a become insolvent and the title not be  good c who have the real title in compassion to a s wife make a lease in trust  for her decree the trustee to make a new mortgage to b Thomas cowl demise  house and ground in chicklane in for a long term to build upon which term come  by assignment to the defendant Austin and her husband which they believe to be  a good title and borrow pound of the defendant Mackleys wife upon a mortgage  of it for which the plaintiff become bind that the defendant austin husband  nine year since run away for debt and they think on he ground with it and but  pound of their title good have borrow and build upon the ground with it and  but pound of Kerringtons money be that way employ seven year after her husband  go away the defendant Vernon chancery case Austin find her title not good the  real title be in one Haynes and he compassionate her case for ten guinea fine  lease the premise for a long term at four pound yearly rend in trust for her  to the defendant Powell all and he have instigate Mackley to sue the plaintiff  upon the bind for the mortgagemoney the plaintiff bill be that though the  mortgage may not in strictness of law be good yet the estate grant by Haynes  be in regard of the money lie out in building upon the other title and that  the estate mortgage be of better value than the Vernon chancery case er p  mortgage beside what be reserve to be pay to Haynes and that the mortgagee  have therefore a plain equity to have the benefit of that title which be but a  graft into that stock from which he derive and that the defendant Alice have  since the take of that estate and so it appear on proof pay the interest to  the mortgagee and that therefore the plaintiff be but surety in the bind have  a equity to have the benefit of the mortgage and of that new acquire title to  save they harmless against the bind or else the trustee ought to be decree to  make a new mortgage to the mortgagee and he to forbear sue upon the bind the  master of the roll in this case do look upon the estate make by Haynes to be  as a graft into the old stock and the benefit of it above pound per and  reserve to Haynes do arise in consideration of the former title and therefore  do decree the trustee to make a new mortgage to the mortgagee the decree to  this purpose be recite in a subsequent order respect cost make the that Nov  Reg m b fol