case William ensworth and other appellant mary Griffiths and other respondent  that February Mews dig ringtail follow in gossip v wright Jur n S the  mortgagor of a estate release the equity of redemption to the mortgagee for a  valuable consideration the mortgagee at the same time give the mortgagee a  note that if he shall within a year pay a certain sum be the original  mortgagemoney and the consideration for the release of the equity he the  mortgagee will sell and convey to he the premise hold that this be a original  agreement between the party and do not operate as a defeasance of the release  or raise any new equity to the mortgagor and that the money not be pay the  party be not entitle to any relief decree of the court of exchequer affirm a  distinction have be make by the court of chancery between contract original  find upon lend and borrow money with a agreement for a purchase in a certain  event and case where after a mortgage a new agreement have be enter into and  execute by the party for a absolute purchase although there be a subsequent  declaration that the mortgagor may have his estate upon payment of interest  principal and cost or where a release of the equity of redemption be give with  a collateral agreement to reconvey upon repayment of the purchasemoney and in  the latter case it have be determine that no repurchase shall be allow unless  upon strict performance of the condition stipulate see Powell on mortgage vol  I cap and vern Talb viner vol p can Eq can ab can John Lloyd be seize of  certain land in the county of Montgomery by indenture of lease and release of  the that and that of January mortgage the same in fee to Walter brown  Griffiths subject to redemption on payment of pound and interest on the that  of January neither principalmoney or any interest be pay at the time limit  Griffiths soon afterward bring a ejectment and have obtain judgement he on the  saint of February enter into possession of the mortgage premise brown er p the  mortgagor be in distress circumstance and unable to satisfy this mortgage on  the that of may in consideration of pound pay by Griffiths execute a release  of the equity of redemption to he and Griffiths at the same time give Lloyd a  note or memorandum promise that if Lloyd shall within a year pay to he pound  and all charge of repair for that time he Griffiths will sell and convey to he  the premise but this money not be pay Griffiths continue in the peaceable  possession of the premise till the time of his death and cut down timber and  exercise other act of absolute ownership thereon in February the say John  Lloyd die but apprehend that he be still entitle to the equity of redemption  of this estate under the above note he make his will and thereby devise the  estate to the appellant Katherine his then wife for her life with remainder in  tail to the appellant Edward Lloyd his son in Hilary term the appellant  exhibit their bill in the court of exchequer against the respondent as claim  under the say Walter Griffiths for a redemption of the premise and a account  of the rend and profit and of the money arise from the sale of timber the  respondent by their answer insist on the mortgage and release and that their  testator be thereby a absolute purchaser of the premise for a valuable  consideration the plaintiff be not entitle to redeem the same on the that of  April the cause be hear when the court be please to dismiss the hill and  afterward upon a rehear they confirm the former decree from both which decree  the plaintiff appeal insist I grove that the release of the equity be obtain  from Lloyd to purchase his liberty when starve in a prison and that he have no  advice thereon but be force to submit to such term as Griffiths think proper  to impose on he that the note to reconvey the premise on payment of pound  which be the very sum mention in the release be give by Griffiths at the same  time that the release be execute by Lloyd operate as a defeasance of that  release and raise a new equity to Lloyd which be never afterward discharge  that the respondent themselves have prove the value of the estate to be pound  per and which at twenty year purchase be pound and therefore the appellant be  advice that it be not material for they to enter into any evidence of the  value although it be in fact worth pound per and and pound to a purchaser as  that and also the value of the timber fall by Griffiths which be worth above  pound be brown matter of account before the deputy remembrancer and proper to  be prove after the hear but be the value ever so small it can be no damage to  the respondent to have their mortgagemoney and interest pay they on account  for the rend and profit and as to the lapse of time in payment it be a common  ground of relief in a court of equity on the other side it be contend W turner  that Walter Griffiths be a purchaser of the premise in question at a fair  value for that by the proof be in the cause it appear that the yearly value  thereof after deduct the chiefrent and tax be not above pound per and and that  all the timber thereon at the time of his entry be not worth above pound and  not more than above pound worth of it have be cut by he so that pound be  rather more than the estate be real worth as land in that part of Wales be not  worth more than year purchase that there be not the least proof of any ill  practice be use by Griffiths in obtain the release from Lloyd and as to the  note give at the same time it be a original agreement between the party that  Griffiths shall sell and convey the premise upon the term therein mention but  not that Lloyd shall be at liberty to redeem the same and though both the  party live or year after this transaction yet Lloyd never set up or pretend to  have any right of redemption it be therefore hope that as the respondent and  their testator have be in possession of the estate for so great a length of  time and have pay for the estate more than it be worth they shall be permit to  enjoy the same without any far trouble accord after hear counsel on this  appeal it be order and adjudge that the same shall be dismiss and that the  decree of dismission and the confirmation thereof shall be affirm jour vol p  brown er p