a borrow of b pound and mortgage land to he for five hundred year to secure  the payment thereof a bind be give for performance of covenant the bind and  mortgage be keep in the hand of a trustee a few year after a bring the box in  which be the mortgage and bind to b s house tell he that he have bring they he  in order that he keep they himself upon this as it be swear on the part of a b  put back the write with his hand and say take back your write I free forgive  you the debt and at the same time in the presence of m the mother of a say I  always tell you that I will be kind to your son now you see that I be as good  as my word but this evidence be contradict on the part of the plaintiff b die  leave I S his son and heir equity case abridge er p who bring his bill against  a to compel he to pay the mortgage money or else that he may stand foreclose  Lord Chan Hardwicke be of opinion that in case b the mortgagee do forgive the  debt in the manner as have be swear on the part of a that the plaintiff can  not be entitle to relief suppose that the statute of fraud and perjury to be  out of the case and that the bill if that fact be true must be dismiss that  this be a mortgage interest in land his lordship think this evidence may be  allow consistent with the statute of fraud the statute indeed lie down a very  strict but proper rule relate to real estate that no interest in land any long  than for three year shall pass without write nor any trust in they for a long  time unless the trust arise by operation law the same rule by that statute  relate to the devise of real estate but in oh these case there be a difference  both in law and equity between absolute estate in fee or for a term of year  and conditional estate for security of money in the case of absolute estate it  can be admit of that parole proof of the gift of deed shall convey the land  itself but where a mortgage be make of a estate that be only consider as a  security for money due the land be the accident attend upon the other and when  the debt be discharge the interest in the land follow of course at law the  interest in the equity case abridge land be thereby defeat and in equity a  trust arise for the benefit of the mortgagor and his lordship say that if a  obligee deliver up a bind with intent to discharge the debt the debt will  certain be thereby discharge and if the bind be discharge in the present case  the mortgage will be discharge with it and direct a issue to try whether the  mortgagee say the word ut above or not east Richard and Syms ms Rep atk Rep pl  SC S p in a ejectment where a Title be make under a mortgage if evidence be  give that the debt be satisfy it be consider as defeat the estate in the land  which the mortgagee have and in such case especial where the mortgage be  ancient the court will presume that the money be pay at the day and will  direct the jury to find accord unless it clear appear that the money can not  be pay at the day no write be in these case necessary which show that even the  law consider the debt as the principal and the land as a accident only but  equity go far and in all case say that where the debt appear to be satisfy  there arise a trust by operation of law for the benefit of the mortgagor and  this case be within the exception of the statute of fraud of trust arise by  operation of law and in these sort of case the court receive any kind of  evidence of payment and therefore if a mortgage be make by one partner to  another and the mortgagor agree that the other shall take a certain part of  the profit of the partnership in discharge of the mortgage that of itself will  discharge it per Lord chancellor ibidem Barnard Rep in Chan SC accord I in  what case the profit c receive by the mortgagee shall be set against the  interest and in what case a mortgagee may not commit waste in equity et econt