case fillip Traherne and another appellant richard sadleir and other  respondent that December Mews dig viii see William v Bosanquet Br and b a  mortgagee of a leasehold estate get possession by ejectment be liable to the  lessor for all arrear of the reserve rend and where to exonerate himself he  prevail with the lessor to distrain upon the good of the lessee which be  already take in execution by a judgement creditor he shall pay to such  creditor so much as he have be oblige to pay to the lessor with damage and  cost decree of the court of chancery reverse the point of this case be thus  state in powell law of mortgage if the mortgagee enter into possession he  become liable to all covenant that run with the land for he take it cum load  and enjoy the profit he must submit to the loss on the saint of July a warrant  upon a execution at the suit of josias Ent Esq and Catherine his wife be  deliver up to the appellant Philip Traherne junior as bailiff of the  halfhundred of Clavering in the county of Essex to levy pound beside cost on  the good of one Richard Bains returnable in Michaelmas term brown er p follow  and by virtue of this warrant Traherne seize the corn grow on Bainss farm call  Berden priory and some other good which be appraise at pound S d the  respondent Richard have a mortgage of this farm bring his ejectment and obtain  judgement and on the that of August before the corn so seize be carry into the  barn the other respondent as atorneys for Richard bring Traherne junior a  warrant upon the judgement in ejectment from the sheriff of Essex to deliver  possession of the farm to they for the use of the respondent Richard brown in  consequence of this Traherne be about to hire barn elsewhere in order to house  the corn but John sadleir and Beckley consider that the farm will suffer if  the straw be not spend upon it they on the that of the same month agree with  Traherne that he shall have the use of the barn to lie and thresh the corn in  till ladyday follow and for this all the straw be to be spend on the farm  accord possession be deliver in pursuance of the warrant and all the corn be  carry into the barn Traherne junior use his utmost diligence in thresh out the  corn in order to pay the executionmoney but the season be wet and the corn  have run much into straw more time than usual be take up in thresh it and in  fact not more than half of it be thresh at the return of the warrant the farm  be hold by lease under Christ hospital at the yearly rend of pound of which  there be two year in arrear at Michaelmas and for the payment of this rend the  respondent Richard be liable as be in possession under his ejectment but in  order to get rid of this obligation he inform the hospital of the seizure  which have be make of the corn and that a great quantity of it be still in the  barn upon the premise and therefore prevail with the hospital to make a  distress upon it for the rend so in arrear the distress be accord make and the  corn lock up in the barn but young Traherne look upon this as a contrivance of  Sadleirs procure a warrant from the high sheriff to oppose such distress and  in consequence of this warrant he and the other appellant his father break  open the lock which have be put upon the barndoor and afterward go on in  thresh the corn the hospital decline to trouble themselves any far in this  business and consider sadleir as their tenant demand payment of the rend from  he and he accord pay the same but upon give security to indemnify the hospital  he get leave to use their name in a action against the appellant for rescue  the distress and have bring the action it be try at the assize for the county  of Essex and a verdict obtain against the appellant for pound as the value of  the good distrain the appellant who defence upon the trial be of a equitable  nature thereupon exhibit their bill in the court of chancery against the  respondent and the hospital pray that the respondent Richard may be decree to  pay the hospital the money recover by the verdict or otherwise to indemnify  the appellant from the same but when the cause come on to be hear before the  lord keeper wright on the that of may his lordship be please to order that the  bill shall stand dismiss with S cost as to the hospital and as to the other  defendant with cost to be tax from this decree as to the present respondent  the plaintiff appeal insist r turner that the two year rend due to the  hospital brown at Michaelmas be proper and only due from the respondent  Richard sadleir he be their tenant from July that it be imply in the agreement  that Traherne junior have the use of the barn till ladyday and the respondent  Richard receive the benefit of the straw Traherne shall not be molest during  that time either by sadleir himself or by any other person by his order or by  mean of his neglect to pay the rend that the distress and action of rescous  though formal the act of the hospital be in substance the act of the  respondent Richard and redound sole to his benefit in regard the money thereby  recover will go towards lessen the rend which he be bind to pay and therefore  and as the whole of Sadleirs proceed be in fraud of his own agreement it be  hope he will be decree either to pay the hospital the pound and the cost of  suit or else to save the appellant harmless from the same and also pay they  their cost brown er p on the other side it be contend c Phipps S Cowper that  the hospital ought to have the full benefit of the verdict and that the  appellant be not entitle to any relief there be no proof in the cause that the  respondent have commit any breach of their agreement or be guilty of any fraud  in the premise but after hear counsel on this appeal it be order and adjudge  that the say decree of dismission shall be reverse and that the respondent  Richard sadleir shall pay to the appellant what they have pay or be further to  pay to the hospital as landlord and also the appellant damage and cost both at  law and in equity and that such damage and cost shall be tax and ascertain by  a master of the court of chancery jour vol p