brown case martin Caulfield basil appellant sir arthur Atcheson respondent  that June it have be the constant rule of court of equity in Ireland that  where by a general and national calamity nothing be make out of land which be  a fund for the payment of interest no interest ought to run during the  continuance of such public calamity the profit set against interest in a old  mortgage decree of Irish chancery vary viner vol p can vol p can in n p note  to X can Eq can ab can can can sir Patrick Atcheson have borrow pound of  Martin Basil Esq do on the brown er p d of August make a mortgage in fee to Mr  Basil of the land of Carrowdownan in the county of cavan in Ireland redeemable  in six year on payment of the principal money at one time and on the that of  the same month Mr Basil demise the mortgage premise to sir Patrick for the say  term of six year at the yearly rend of pound which be the exact amount of the  interest of the mortgage money soon after the execution of this mortgage Mr  Basil discover a defect in the title videlicet that the land be original  plantation land and have be grant by patent to sir Archibald Atcheson the  father of sir Patrick on certain term and condition and that these condition  not have be comply with a inquisition have issue whereby the land be return as  forfeit to the crown in consequence of this discovery it become necessary for  Mr Basil to take proper measure to avoid the effect of it and thereby secure  his own title as well as that of the mortgagor accord in the year he at his  own charge compound with the crown for the forfeiture and obtain a new patent  for the land reserve the right of redemption to sir Patrick Atcheson at any  time within the six year and this patent be confirm by the act of parliament  which afterward pass for remedy defective title in Ireland in the year the  rebellion break forth in that kingdom and in the year follow Martin Basil die  whereupon the mortgage premise descend to Ann his only child and heir at law  and upon her death which happen in a few month afterward William Basil the  appellant father become entitle but on account of the trouble arise from the  rebellion the premise lie waste and untenanted for upward of fifteen year so  that Mr Basil have no benefit thereof nor in fact be any part of the pound per  and interest ever pay in the widow of sir Patrick Atcheson make a attempt to  defeat this mortgage by set up a prior settlement and she accord file a bill  against William Basil in the court brown of chancery in Ireland for a account  of the rend and profit of the premise which have accrue due since the death of  her husband to this bill the defendant put in a answer and thereby after  defend his own title and impugn that of the plaintiff he start that by reason  of the long and great devastation of land in Ireland during the rebellion he  have receive nothing out of the mortgage premises that for several year after  the settlement of that kingdom he be oblige to let they at a very low rend and  far short of his interestmoney the county of cavan be one of the last settle  and least improve part of the country and that there then remain just due to  he on the say mortgage after a allowance of all that he have receive from the  premise pound S d after the come in of this answer no far proceed be have in  the cause nor be any demand make of redeem the land during William basil  lifetime though he live above eleven year afterward in William Basil die  whereupon the appellant as his heir at law enter on the premise and continue  in the quiet possession thereof for about four year but in easter term sir  Nicholas Atcheson the respondent father think proper to exhibit a bill against  the appellant in the court of exchequer in Ireland pray a redemption of the  mortgage and a account of the rend and profit of the premise the appellant by  his answer to this bill insist upon the same title as his father have do in  the former suit and that after so great a length of time the estate be not  redeemable and therefore hope that the court will not let the plaintiff in to  a redemption or oblige he the defendant to account for the rend and profit it  not be in his power to make up any such account but from such paper as he can  recover as have former belong to his ancestor the say Martin Basil Ann Basil  and William Basil many of which be doubtless lose or wear out in so long a  space of time as fifty year and upward but if the plaintiff will submit to a  decree to pay principal interest and charge on the mortgage and give good  security for such payment the defendant be then Willing to be redeem and  account for the rend and profit in the best manner he be able be brown er p  allow the full interest for the pound from the time the same be first lend  together with his own and his father cost and charge the plaintiff have reply  to this answer the defendant rejoin and thus the cause rest at issue till when  the plaintiff die and for near ten year afterward but at length in Hilary term  the respondent as the son and heir of the late plaintiff file his bill of  revivor and the suit be accord revive publication pass but no witness be  examine on either side a order be however make on the d of June brown that in  consequence of the defendant offer in his answer the plaintiff shall enter  into a recognizance of pound to abide the judgement of the court and not  dismiss his bill which order be comply with accord on the d of may the cause  be hear when it be decree that the plaintiff shall redeem the mortgage premise  and that the rend and profit thereof shall be set against the interest till  the time that the defendant enter into possession that he shall from that time  account for what he have receive or may have receive without his wilful  default and that he shall be allow interest for his principal money from the  time of his enter into possession but from this decree the defendant appeal  insist n Lechmere S Cowper that no decree for a redemption ought to have be  make after so great a length of time or at least that it ought to have be make  upon the term of the appellant answer whereby he will have have his principal  and interest compute from the date of the mortgage and all the subsequent  charge and expense of take in the forfeit title and of the suit bring by lady  Atcheson and all other just allowance but which the decree have take no care  of that it be conceive the decree can be make upon no other term than what be  contain in the answer for though it may be say that the plaintiff have reply  and the defendant rejoin the cause be at issue yet there be no order for  publication the cause come on to hear as upon bill and answer in which case it  be the constant practice of all court of equity to take the answer as true in  toto but which in the present case have not be do that the set the rend and  profit against the interest from the date of the mortgage in till the  appellant enter in be very prejudicial in make he lose a great part of his  interest for during the rebellion the profit of the land be lose entire and  even afterward they fall far short of the interest of the pound and last the  decree have not direct that the appellant shall have his cost of suit which  mortgagee in all case be entitle to on the other side it be say I Jekyll e  Northey to be plain from the appellant answer on which the decree be find that  the estate be redeemable and therefore the appellant can not impose any term  of redemption but such as be reasonable that the term which the court have  decree be reasonable because it be impossible to account for the profit from  try date of the mortgage and so the appellant insist by his answer as to the  circumstance of there be no profit for many year after the rebellion it have  be the constant rule of court of equity in Ireland that where by a general and  national calamity nothing be make out of land which be a fund for the payment  of interest no interest ought to run during the continuance of such public  calamity that the estate in mortgage contain acre have be let ever since the  restoration for pound per and and that brown there be wood upon it to the  value of pound but if the appellant shall prevail in get a account of the rend  and profit direct from it will be impossible ever to get through such account  and by consequence he will keep this estate for pound after hear counsel on  this appeal it be order and adjudge that so much of the decree complain of as  decree a redemption of the mortgage premise shall be affirm and it be further  order and adjudge that the residue of the say decree shall be so far vary as  that a account shall be take to see what be due to the appellant for principal  and interest from the time of make the mortgage in which account such  abatement or allowance be to be make of and for interest as be usual do in  Ireland on account of rebellion or other public calamity happen to estate in  mortgage and likewise that the appellant shall account for the profit of the  say premise receive by he or brown er p any under who he claim or which may  have be receive without his or their wilful default and in take which account  all just allowance be to be make and further that the consideration of the  cost of the suit in the court of exchequer shall be reserve till the say  account be take and then to be give by the say court accord to the event of  that account jour vol p