case Legriel and more come plaintiff William barker Esq sir William barker  sergeant KELLINGWORTH defendant master of the roll a be bind with his father  for the debt of the father who enter into a statute to the son to pay the debt  and indemnify the son one of the creditor deliver up his bind and take a  mortgage from the father the son shall not set up his statute to defeat the  mortgage there be pound of the plaintiff Legriels money lend in the plaintiff  Morescoes name upon bind from the defendant William Barker the father and sir  William Barker his son wherein they be joint bind and the defendant sir  William be joint bind in other bind as well as that for his father Feb car the  defendant Barker the father enter into a statute of pound to the defendant  sergeant Kellingworth in trust for the other defendant sir William Barker  defeasanced that if Barker the father shall within ten year or before his  death pay the say several debt for which the defendant sir William be bind and  interest and indemnify the defendant sir William Vernon chancery case from the  say bind and all charge touch the same the statute to be void the defendant  Barker the father pay some of the say debt but not the plaintiff but desire to  have the bind deliver up and to secure the same by mortgage of some of his  land and thereupon for the same pound he make a mortgage to the plaintiff  Legriel of land in Suffolk for year without impeachment of waste with a  proviso that if he pay her pound at a year end the lease to be void with  covenant that the premise be free from encumbrance and for further assurance  the pound and interest be not pay whereupon the plaintiff Legriel endeavour to  enter upon the land but the plaintiff find that the premise be extend on the  statute and that the defendant sir William insist upon such extent and that  Oct there be article between he and his father for his father do several thing  to he and also that his father shall pay all the debt unpay upon the statute  accord to the defeasance before mention by Christmas then next and till then  that the statute shall not be put in suit and that the statute and any other  security the say William the father can give shall stand as a security for  performance of the article of Oct and that the defendant the son insist upon  great breach of the last mention article and that therefore he have extend the  mortgage premise with the statute note the plaintiff be a purchaser of the  land by the mortgage make to her and that the encumbrance the defendant will  set up ought not to disturb her or charge the land to prevent satisfaction of  her debt for the statute be original give to take place only if the father do  not pay the debt and he do pay it by the mortgage he give and not otherwise  Vernon chancery case and if the plaintiff enjoy the mortgage as she ought the  statute ought not to do her a prejudice and by the father give the statute to  his son to pay the debt and indemnify the son the statute be a far security  for the debt and ought not to be set up to hinder the satisfaction of the debt  beside the son have no wrong for he be bind with his father in the original  bind to Morescoe and so be liable to pay it and by the last defeasance of the  statute the debt be to be pay also and in truth many of the debt be the son  own as he have confess in his answer to a bill of his father the master of the  roll take time to consider of this case and afterward decree that the  defendant shall redeem or be foreclose and a perpetual injunction against the  statute and after the plaintiff shall be pay what shall be due to her for  principal interest and cost in respect of her aforesaid debt she be to assign  and convey the say mortgage premise and all her estate therein to the say  defendant sir William Barker or as he shall appoint free from all encumbrance  do by the say plaintiff and the master be to settle and approve of such  conveyance Reg lib b fol afterward the money not be pay nor possession deliver  a petition be prefer by the plaintiff pray to stay the rend in the tenant hand  which be order accord Reg lib b fol for case of favour in equity towards  mortgagor as where feme mortgagee have settle the mortgage premise on her  marriage to herself for life remainder to the issue and on bill by mortgagor  to redeem omit to set forth the settlement in her answer mortgagor have a  decree and pay the money afterward the defendant the issue claim under the  settlement bring a ejectment and recover the premise at law defendant decree  in equity to convey and a perpetual injunction against the judgement at law  vide chapman v Duncombe post and where mortgagee get a absolute conveyance  from mortgagor but suffer possession for some time contrary to it it be but as  a mortgage Harris v Howell pale yellow Eq Rep so in the allowance of time for  payment where six month allow on decree for foreclosure time extend first to  twelve then peremptory to eighteen month anon barn in Ch and time compute by  calendar not lunar month ibidem in Edward v Cunliffe mad a four order for  enlarge the time be make under special circumstance and Jessop v king b b a  mortgagor be not debar from gain a extension of time although he have apply  under the Geo c Wakerell v delight coop upon a bill to redeem the court will  not enlarge the time for payment Novosielski v Wakefield Ves so inspection of  deed allow to mortgagor after notice to be pay off Thornhill v Evans atk so  mortgagor not bind to account for by go rend and profit receive by he and that  even though the security be become insufficient colman v duke of saint Alban  Ves ex part Wilson v b rise Gresley v Addersley swan so interest can be turn  into principal without the privity of the mortgagor earl of Macclesfield v  Fitton ante Vol and case cite in note there so in the application by mortgagee  in possession of surplus rend and profit beyond the current interest they must  go in discharge of the arrear Lord Penrhyn v Hugh Ves and the account will be  direct to be take with rest where mortgagee under bankruptcy apply to for the  residue no interest low than date of mad so d and to prove cite in cullen  bankrupt law for case in favour of mortgagee as where mortgagee become a  bankrupt and the security become inadequate he shall come in as a creditor for  the deficiency wiseman v Carbonell Eq can ab pl et vide cook bankrupt law vol  cullen bankrupt law so mortgagee in possession shall not by any suit for  redemption be strip of his possession before payment brine v Hartpoole vin ab  pl Postlethwaite v blithe mad so not oblige to quit possession in the case of  a purchaser Davy v Barker atk nor to part with the deed Thornhill v Evans atk  mortgagee of two distinct estate for separate debt from the same mortgagor  shall hold against the purchaser of one of the estate until both demand be pay  Ireson v den Cox so where possession gain against mortgagee by fraud no  redemption till possession restore Lant v crisp vin ab pl Vernon chancery case  er p Vernon chancery case de boundary paschae in curian cancellable