churchil against grove and other novemb on a plea purchaser without notice the  plaintiff have a judgement and a mortgage exhibit his bill against the  mortgagor and conusee of a statute by he mortgagor to have a discovery what be  due on the statute that be precedent to the plaintiff security and upon  payment to have the same set aside case in chancery the cognizee plead that he  have extend his statute and the cognizor and he state account and the sum of  pound be due to he he in consideration thereof have a absolute conveyance of  part of the extend land and show what land be convey to he by the cognizor and  that thereupon he assign the residue of the extend land to the cognizor and  that so he be a purchaser without notice of the plaintiff Title for a valuable  consideration it be also plead that the cognizor be in execution on the  plaintiff judgement and so the plaintiff can not extend the land nor the land  be liable during the life of the cognizor on the plaintiff part it be to the  first point insist that it do not appear that the defendant be a purchaser  there be no new money pay upon the execute the conveyance but come in for the  consideration of money due on the statute be no purchase and that it be common  equity for he that have the subsequent judgement to be relieve against the  precedent statute on payment of what be due and that there be for ought appear  no more there and that the account make up between the cognizor and cognizee  on the pretend purchase ought not to affect case in chancery er p the  plaintiff and that therefore the defendant purchase be subsequent to the  plaintiff security ought not to be aid by the statute and that the plaintiff  judgement be of record the defendant be bind to take notice thereof at his  Peril and that in this case the defendant ought not to protect his pretend  subsequent purchase by his precedent statute but that he ought upon payment of  the statute to yield possession to the plaintiff but this be strong oppose by  the defendant counsel who insist that the defendant be a purchaser and that  though no new money be advance on the purchase yet he assign over and part  with part of the extend land in consideration thereof which be as valuable as  money and that it be the constant justice of this court that if a purchaser  good fide do buy in a eigne encumbrance statute or judgement and there be a  judgement or statute mesne between that and his purchase of which he have no  notice at his purchase that he shall protect his purchase with the eigne  encumbrance so bring in and it be insist that though judgement be on record  case in chancery and a purchaser be bind to take notice thereof at law yet in  equity where the cognizee of a judgement come to be help to extend his  judgement against a purchaser he must prove express notice of the judgement in  the purchaser or else shall never be relieve against the purchaser and upon  this point the plea be allow and as to the other point that the cognizor be in  execution upon the judgement and so the land not to be charge during his life  it be strong insist that be no good exception in equity for that the bill be  to discover encumbrance which the plaintiff can not have after the Cognizors  death and it be positive affirm that it have be rule here that a bill will lie  notwithstanding the debtor be in execution upon the judgement but this point  be not much debate howbeit the court incline in opinion that this part of the  plea be not good