case cotterell versus purchase a mortgage will not easy be presume against a  absolute conveyance especial where possession have go along with the  conveyance and a acquiescence for many year although there be a incongruous  covenant in the deed a defeazance contain in a separate deed be suspicious and  ought to be discourage the plaintiff and her sister be seize of a estate in  Yorkshire as jointtenants the plaintiff by lease and release in consideration  of pound convey the moiety to the defendant and his heir but it be admit that  the conveyance though absolute in law be intend by the party as a mortgage to  be redeemable on payment of the money with interest sometime after in the year  those deed be cancel and in consideration of a far sum which make up the whole  pound she convey the estate in manner as before but with this far covenant  that she will not agree to any division or partition of the estate or make or  cause to be make any division or partition thereof without the licence consent  advice and appointment of he the say Benjamin purchase at the time of this  conveyance the plaintiff sister be in possession of the whole estate and so  continue till the year when the defendant turn her out of possession of the  moiety by ejectment and from that time he enjoy case tempt Talbot it quiet  till at which time the plaintiff file her bill to let into redemption to which  the defendant plead himself a absolute purchaser for a valuable consideration  and in the cause come to be hear upon the merit the master of the roll be of  opinion that the deed of amount to a absolute conveyance and dismiss the bill  for the defendant be give in evidence several particular to show that by the  deed of the party intend a absolute conveyance of this estate and it be insist  that as the deed be a absolute conveyance in law by the statute of fraud no  trust or mortgage can be imply without a agreement in write and they insist  likewise that as the defendant have be in possession ever since the year the  plaintiff be bar of the redemption by the statute of limitation it be say on  the other hand for the plaintiff that the defendant plea admit the first  conveyance make in consideration of the pound to be intend but as a mortgage  and that the second conveyance be in the same form except the covenant and  that it be therefore probable intend in the same manner that as to the  covenant it make strong for the plaintiff since to suppose a person will  absolute sell away his estate and then covenant not to make a division of it  be absurd that the statute of fraud make nothing against the plaintiff this be  in nature of a result trust and so within the proviso in that statute nor can  the statute of limitation affect the plaintiff since in case of redemptions  the court always give what it think a reasonable time and though the general  rule be not to exceed twenty year unless it be upon extraordinary circumstance  as the statute of limitation have in the case of land after twenty year  possession bar the plaintiff of his entry or ejectment so a court of equity in  imitation of that law will not allow a mortgagor to redeem a mortgage after  the mortgagee have be twenty year in possession and the same length of time  will bar a redemption in equity as wift bar a entry at law Ord v smith Eq Cas  Abr pl Floyer v Lavington p will jenner v Tracey and belch v Harvey p will  note Mellor v lees atk atk anon baker v Wrisd Ves yet that rule can affect the  plaintiff who do not lose possession till and bring her bill in case tempt  Talbot Lord chancellor the case be something dark the first deed be admit to  be a mortgage and the second be make in the same manner except a odd sort of  covenant which be the dark part of the case for to suppose that it be a  absolute case tempt Talbot er p conveyance and to take a covenant from one who  have nothing to do with the estate make both the party and covenant vain and  ridiculous but then it will be equal vain and ridiculous if you suppose the  deed not a absolute conveyance so that it be of no great weight and must be  lie out of the question then as to the circumstance on one side have be show a  account state of money receive and it be there say so much receive on account  of purchase money and in another general account the sum of pound be call  purchase money then as to the agreement in this that if the plaintiff have a  desire for it she shall have her estate again upon payment of the money with  interest and the cost he have be at this show it be not redeemable at first  barrel v Sabine vern there have be strong proof on both side as to the value  one have show the rend to be but pound per and and then deduct one three out  of it for the dower of the plaintiff mother a moiety of what remain be near  the value of the money pay the other side have show the rend to be pound per  and but I rather give credit to the first because it be certain the dower be  but pound per and so that upon the whole I be incline to think this be at  first a absolute conveyance have the plaintiff continue in possession any time  after the execution of the deed I shall have be clear that it be a mortgage  but she be not and her long acquiescence under the defendant possession be to  I a strong evidence that it be to be a absolute conveyance otherwise the  length of time will not have signify for they who take a conveyance of a  estate as a mortgage without any defeazance be guilty of a fraud Bacon tract  and no length of time will bar a fraud beside here the bill be file in and  though the cause have lie dormant yet it be not like make a entry and then lie  still for in case tempt Talbot the present case the defendant may have dismiss  the bill for want of prosecution or they themselves may have set down the plea  to be argue in the Northern part it be the custom in draw mortgage to make a  absolute deed with a defeazance separate from it but I think it a wrong way  and to I it will always appear with a face of fraud for the defeazance may be  lose and then a absolute conveyance be set up I will discourage the practice  as much as possible upon the circumstance of the case affirm the decree c