case attorney general versus hesketh SCARISBRICK and SUDELL April Eq can ab pl  pro Ch S c mortgagee of a manor and advowson be in possession the church  become vacant the mortgagor make a simoniacal presentation of a which be  reject by the bishop then the mortgagor and mortgagee join in present b c get  the title of the crown and bring a information in the name of the  attorneygeneral to remove the mortgagee title and that it may not be set up at  law and it be so decree ante case hesketh have mortgage the manor and advowson  of Aughton in Cheshire first to the Lord river and by assignment to  Scarisbrick who for nonpayment of the interest have bring a ejectment recover  judgement and by consent of hesketh have possession after this the church  become void and hesketh present one Butterworth upon a simoniacal contract the  bishop have notice of it reelect it then the defendant Sudell apply and have a  presentation from hesketh and be institute and induct and after ware be inform  that some objection may be make to his title by reason that Butterworth be  simoniacally present he surrender the church to the bishop and take a new  presentation both from hesketh and Scarisbrick c hinley get the queen title  and bring the information in the attorneygeneral name to remove the title of  the mortgagee that he may not be prevent and obstruct in his suit at law by  the presentation from he or his title be give in evidence Lord keeper this be  the first case of the kind in all its circumstance the first presentation be  simoniacal and waive by Butterworth who dare not stand the test of it Vernon  chancery case the criminal patron present Sudell who hear of the queen title  to establish himself and his possession surrender and get both the mortgagor  and mortgagee to join in a new presentation and if this contrivance shall  prevail it will total frustrate the act of parliament that excellent law for  then every patron may convey to a trustee and then make simoniacal contract  and if discover and find out then to prevent the queen title may set up the  title of his trustee it be object that Sudell be innocent have no notice when  he be first present have a legal title and therefore not to be impeach or  prejudice or any defence at law take from he in equity although Sudell be  acquit of the simony yet he be partaker of the fraud to set up the mortgagee  title in opposition to the queen and be not only sharing in but the principal  in it and the contriver of it and the late act of parliament stat William mary  cap have set the bind that a innocent incumbent shall not suffer where the  simoniac die in possession but it be not to be carry further and this case  therefore not within the provision of the act of parliament the mortgagee be  but a trustee for the mortgagor until the equity of redemption be release or  foreclose I e as to the inheritance but the mortgagee be not consider in all  respect as bare a trustee for the mortgagor Casborne v scarf atk and accord he  insist not upon his presentation as have present in his own right but at the  nomination of the mortgagor vide amhurst v Dawling ante p and case cite in not  there and there be no reason therefore that it shall be set up against the  queen title and the rather also because it do not appear the queen have any  notice of the mortgage so as she may bring a bill to prevent the mortgagee  present and beside no laches incur to prejudice the title of the crown and a  court of equity ought the rather to remove the impediment because the  obstruction arise from a creature of equity the court that support trust will  prevent trust from do mischief and see that they shall not be make use of the  protect simony and therefore decree the mortgagee right of present to be p set  aside and not give in evidence at law Vernon chancery case er p