case sir John Cotterel and John holt Esq plaintiff sergeant Hampson Charles  bill all defendant Lord chancellor June Eq can ab pl S c where land be vest in  trustee by Act of parliament to be mortgage for a particular purpose it be  incumbent on the mortgagee to see the money apply accord major bill the  defendant bill father and his trustee chump and Johnson in may mortgage a  tenement call Dovers in Surrey to the earl of Leicester in fee in major bill  make his will and Garrett his executor in trust for the defendant Charles  during his minority who have marry the defendant Hampsons daughter he and his  mother and Garrett by article transfer the executorship to Hampson in July and  major bill trustee by appointment of Garrett transfer the equity of redemption  of Vernon chancery case the mortgage to Hampson and Hodges and they and the  earl of Leicester for pound pay by the plaintiff Cotterel assign the mortgage  to he in December the plaintiff lend serj Hamson pound which Hampson agree  shall be secure by the say mortgage and Cotterel by write under hand and seal  by Hampsons direction acknowledge himself a trustee for holt in the mortgage  as tot the pound after his own pound and interest be pay and Hampson and  Hodges assign the equity of redemption to holt for that purpose and that the  defendant may redeem or be foreclose be the bill the defendant bill insist  upon a settlement in upon his father and mother marriage of the tenement call  Dovers and the printinghouse on the defendant father for life and his mother  for life and afterward on the defendant in tail and that in the fire in the  printinghouse be burn and the defendant father but tenant for life can not  raise money to rebuild whereupon car a Act of parliament pass recite that  marriagesettlement and the father incapacity to rebuild which do enable the  defendant father to sell his land Vernon chancery case er p in ken and Surrey  to rebuild and stock the printinghouse for the benefit of the defendant mother  and child and the tenement call Dovers and land in ken be vest in crump and  Johnson to sell to raise money for the building and stocking the printinghouse  and the surplus to purchase land to be settle to the use of the say  marriagesettlement of the defendant and father and mother and insist that he  be abuse in his minority by Hampson in transfer the executorship and that no  more money ought to be charge on the mortgage than what be take up and employ  accord to the trust of the act of parliament and the Lord chancellor do so  decree it Vernon chancery case and that a account shall be take of what money  have be employ in building or stocking the printinghouse accord to the trust  of the act of parliament and that the defendant bill pay so much with interest  and cost discount the profit receive by the mortgagee shall be let in to  redeem though for the plaintiff it be insist that it can not reasonable be  intend that they can be privy to and can prove the lie out of the money accord  to the act of parliament and that no man will lend money upon the trust of a  act of parliament if it be incumbent upon he to see the money lie out and  employ accord to the act and such a construction of the act can not consist  with the intention of the act but utter prevent the same Reg lib a fol vide  Spalding v Shalmer all ante vol so where money advance on sale or mortgage  under a decree of the court to be apply in payment of debt ascertain in a  report mortgagee or purchaser bind to see to the application Lloyd v Baldwin  ves and general on the doctrine on the obligation upon mortgagee and purchaser  to see to the application of mortgage or purchasemoney vide powell law of  mortgage vol et seq Fonbl Tr Eq and case there respective refer to in addition  to which it appear to be consider as the settle doctrine of the court that  where a man by deed or will charge or order a estate to be sell for the  payment of debt general and then make specific disposition the purchaser be  not bind to see to the application vide Jenkins v hiles Ves note a but if the  transaction afford intrinsic evidence that the sale or mortgage be a breach of  trust the purchaser or mortgagee shall not hold the estate discharge from the  trust Watkins v cheek S S et vide Qure as to the application of the general  rule that purchaser be not bind to see to the application where only a general  charge of debt to the case of purchase to the assignee of the original trustee  for the purpose of sale Lord Braybroke v Inskip Ves arg