c Brotherton v hett S c vern Eq can ab follow sub nom Brotherton v hall in  Bulpett v Sturgess l t distinguish Kettlewell v Watson Ch d at the bolls  equitable security which prefer it be hold that of equitable security that  which be prior in time shall have the preference as where there be a first  second and three mortgage the second mortgage shall have the preference of the  three if they be bring all before the court but if the last mortgagee get the  legal estate before any bill prefer or even pendent light Robinson v Davison  Br brace v duchess of Marlborough p wms but not after the suit have proceed so  far as a decree to account Wortley v Birkhead atk that will have the  preference of all the prior mortgage which have not the legal estate but that  which make the difficulty in this case be that the first mortgagee when the  three mortgagee lend his money have declare that he will after the payment of  his own money stand seize of the mortgage estate in trust for secure his money  freeman er p which he have not do to the second mortgagee and the question be  whether this have not put the three mortgagee in a better condition than the  second and of this point the master of the roll take time to consider but seem  to be of opinion that this will not alter the case because the first mortgagee  have nothing to do with the estate after his own money satisfy on a rehear the  that Jan before Cowper c S a decree be make in conformity with the opinion of  the master of the roll see extract from Reg lib infra Reg lib a fol the court  decree that the mortgage premise shall be forthwith sell and the mortgagee pay  accord to the priority of their security but as it appear that the first  mortgagee have lend a further sum of pound after he have sign the declaration  of trust aforesaid the court declare he ought not to come in for payment of  that sum till after the three mortgagee to who he have make such declaration  of trust shall be pay and decree accord r l a fol the decree be affirm on a  rehear but if he have join with the mortgagor in transfer the mortgage for  secure his own money and the money of the three mortgagee this will have alter  the case cur advisare vult freeman de term pasch in curian porter