case Jackson against butler and spring a Reg lib a foe a in chancery easter  term Geo a give b a mortgage to receive the money due upon it b pawn it and a  bring his bill and hold a proper remedy though urge that a action of trover  will lie as in the case of plate pawn by a servant it seem that a defendant be  oblige to discover and deliver up a note though forge S c atk this be a bill  by the plaintiff in order to have one deed of mortgage deliver to her which  the defendant butler get out of her hand as her attorney to get her the money  upon it and which he have pawn to the defendant spring for one hundred pound  and also to have a note of five hundred pound deliver up to her or to have a  injunction upon it to stay all proceed upon a suggestion that it be a forge  note and write upon a vacant part which be over her name in a letter the  plaintiff Elizabeth be entitle by devise to the real and personal estate of  her uncle Mr lownds the defendant butler insinuate himself into her company  and offer to get in the debt of the testator Mr lownds upon which she deliver  to he a mortgage for four hundred pound due to her uncle Mr lownds from one Mr  Richardson the plaintiff pawn this deed for one hundred pound to Mr spring and  at the same time give he his own note for one hundred pound upon payment of  which the mortgagedeed from Mr Richardson to Mr lownds be to be redeliver Mr  brown and Mr Murray for the plaintiff Chute and Capur for the defendant  Hardwicke Lord chancellor as to butler the case be very clear it appear he be  entrust by the plaintiff with this deed to receive the principal and interest  from the mortgagor and he have think fit to pawn it to spring without any  authority butler have also insist upon a note due from the plaintiff to he for  five hundred pound the plaintiff say it be forge the defendant have make no  proof of the consideration of the note and have give very different  representation of that note and be do not pretend in his answer that anything  be due upon the note but say it be lose and therefore there must be a  direction for a injunction to stay all action upon that note and to restrain  butler from assign it to other person and I will order he to be examine upon  interrogatory as to the custody of that note and if he have it that it may be  give up as to spring he insist that this mortgage from Richardson to lownds  belong to the plaintiff be in the custody of butler and be pledge from butler  to he upon the loan of one hundred modern report pound as a security and the  question as to he will be whether he can retain his deed against the plaintiff  until the payment of the one hundred pound and I be of opinion be can that the  plaintiff be in possession of this deed and have the sole property in this  deed at first be plain and that butler acquire no property by the manner the  plaintiff deliver it to he be as plain and if he have no property it be  undoubted true that he can transfer do to spring and if I shall permit spring  to retain this deed for one hundred pound I shall lie down the most dangerous  rule for the unsettle of property which can be imagine for the deed be leave  with butler to receive the money he do not so much as gain a special property  but have no more than a bare custody and if he have a right to pawn this deed  and the pawnee a right to retain until payment it will be high mischievous and  it may as well be say that a gentleman butler who have the bare custody of his  master plate and of which he may now commit felony may pawn they and retain  they against the master until payment but it be clear and settle that the  pawnee in such case gain no property and the master upon a action of trover  will recover against he without pave he anything and if it be so in the case  of plate much strong in the case of deed for a man may possible impose upon  another in plate because there be often neither arm nor name to discover in  who the property be but deed have always such character upon modern report er  p they as will point out the owner and it appear upon the face of the deed and  also from the note which butler give to spring that it be a mortgage from  Richardson to lownds to which butler prima fancy have no title neither do  butler inquire whether he have any title to it or any authority to pawn and  therefore be must answer for his indiscretion and if a man may retain a deed  against the proprietor without inquire into the title of the pawnee and his  authority a person who have steal or come unfair by it or a attorney or  solicitor who indeed have a property to detain a deed until payment of their  bill S or their clerk or servant or indeed any person who have but the custody  of a deed may pawn it to the prejudice of the owner which be inconvenient and  absurd it have be urge at the bar that a action will lie and that if there be  a remedy at commonlaw the plaintiff ought not to come here suppose the  plaintiff be to bring trover be can only recover damage which be a very  inadequate remedy for it be impossible to tell what damage a person may suffer  by the have deed perpetual keep from he and the proper remedy be in this court  which will decree a redelivery of the very deed and in this court if it appear  that the defendant have such title to the deed as will defend he in a action  of trover at law or have a title subject to redemption in the plaintiff it may  fetter they to a court of law but neither of these be the present case for as  the defendant spring acquire no property upon the pawn be can have no defence  at law