case DRYBUTTER versus bartholomew at the roll Eq can ab pl husband seize in  right of his wife of a share of the new river water the wife can be bar sans  fine and where they both without a fine mortgage such share and the wife after  the husband death pay interest this will not affirm the mortgage baron in  right of the wife seize in fee of a share of the new river water baron and  feme make a mortgage by way of lease for year by deed without fine reserve a  peppercorn rend the baron die upon which the feme receive the profit and pay  the interest and now the mortgagee bring this bill to foreclose the wife  insist saint that this lease be not actual void but only voidable by the feme  after the baron death and the feme have when discovert pay the interest the  same amount to a election in her to affirm the lease or dly that if the  mortgage be not affirm yet the decree of foreclosure which be desire will  better the legal title of the mortgagee and not prejudice the feme peer  William master of the roll a fine may be and usual be levy of new river share  by the description of so much land water overwhelmed and in this case there  ought to have be a fine it be the inheritance of the wife see buckeridge v  Ingram yes jun if there have be a rend reserve the acceptance of such rend by  the wife when discovert will have affirm the lease do v weller t r but here be  no acceptance and the lease be of a incorporeal thing out of which rend can  not well be reserve   Litt a but see dean and chapter of Windsor v gover  sander a note wherefore the lease expire by the death of the husband the  mortgage be also thereby determine and nothing remain to foreclose and though  the court will not narrow look into the title yet when all this be admit on  both side and appear upon the open why shall I pronounce a vain decree dismiss  the bill but without cost and wherever a fine and recovery be necessary for  the cut off the entail and remainder of such share in regard the new river run  through three county videlicet Hertford Middlesex and London there must be  three several fine and recovery pass as to any of these share videlicet a fine  and recovery in each county earl of Stafford v Buckley ves in Goodright v  straphan Cowp there be a mortgage for year by husband and wife of the wife  inheritance without any fine levy and on ejectment bring by the wife after the  husband death against the mortgagee in possession circumstance of confirmation  by the wife when discovert be hold to be a defence in the ejectment although  there be no actual redelivery of the deed S c Doug n it do not appear that the  principal case be notice in the discussion of Goodright v straphan see Clinton  v Hooper Ves jun bro c c