case ASHENHURST versus james February the defendant the assignee of two  judgement which be prior in point of time to the plaintiff mortgage be entitle  to have interest on the whole money the accumulate sum which he pay for those  two judgement the bill be bring by the plaintiff a mortgagee against the  defendant to redeem who have one puny judgement and two prior which he have  take a assignment of on the same estate and for a account of the rend and  profit of the premise in question and for a assignment of the two judgement it  appear in the cause that the defendant have take in the two prior judgement by  the desire of the plaintiff who be not able to do it himself atkins Lord  chancellor the first question be whether the defendant be entitle to have  interest upon the whole money the accumulate sum which he pay for the two  judgement assign to he prior to the plaintiff mortgage the second question be  whether the profit the defendant have receive upon all the three judgement  shall be apply by he or only such profit as he have receive by virtue of the  two prior judgement assign to he by Thomas price as to the first I be of  opinion the defendant be entitle to have interest upon the whole sum principal  and interest though not upon the general rule but on the particular  circumstance of this case the general rule be where a man make a security on  mortgage and there be a arrear of interest thereon if the encumbrancer assign  the same with the concurrence of the mortgagor the interest pay to the  mortgagee by the assignee shall be take as principal and carry interest vide  smith v Pemberton l Charles can chamberlain v chamberlain ibidem Gladman v  henchman vern but where it be assign without the consent of the mortgagor the  assignee must take it only upon the same term with the assignor vide porter v  Hubbart Charles Rep earl of Macclesfield v Fitton vern this general rule admit  of distinction upon particular circumstance here be a estate to be sell by  virtue of a decree of this court and the defendant be report the best bidder  from that time he have as much reason to consider himself the owner of the  equity of redemption as if he have be a purchaser of it upon article it be the  same as if be confirm the best bidder by authority of this court where all the  encumbrancer agree the defendant shall be purchaser and he take a assignment  of all encumbrance by the consent of party entitle to the estate and therefore  he be a creditor for the whole principal sum their consent be the same thing  as if they have be make party to the assignment this be strengthen too by what  be swear in his answer that he desire the plaintiff to take they in but he not  be able to do it request the defendant to take they in if the purchase have go  off on the default of the defendant I shall then have think he will not have  be entitle I be of opinion for the plaintiff on the second question atkins  three judgement upon this estate though defendant be a puny encumbrancer upon  one of the judgement be subsequent to the plaintiff mortgage upon the same  estate if a prior judgement creditor bad continue in possession of this estate  he will have be entitle before the mortgagee but he do not continue in  possession for he assign his judgement to the defendant and give he possession  then the defendant may be say to receive the possession from the date of the  assignment of that judgement only indeed if he have extend his own judgement  he will have have a right to have retain the profit receive upon his own  judgement but as the case now stand the defendant must make a allowance for  the profit therefore let the master see what be due to the defendant for the  sum of S d pay by he to Thomas price on his assign the two judgement to he and  for the interest of that sum and to compute interest for pound part thereof be  the original principal sum after the rate of pound per cent per and and for  the remain pound pound S d after the rate of pound per cent per and and take a  account of the rend and profit of the premissesin question which have be  receive by the defendant and what shall appear to have be receive to be deduct  out of what shall be report due to he for such atkins er p principal interest  and cost and on the plaintiff pay unto the defendant what shall be remain due  to he for such principal interest and cost he be to assign the two judgement  and deliver the possession of the say estate to the plaintiff