black be seize in fee of a copyhold estate hold of the manor of and upon the  that of October make a conditional surrender of it to the plaintiff to secure  pound and interest and afterward borrow of the plaintiff pound upon bind and  afterward by two surrender the first date may the other may black mortgage his  estate to the defendant Trott for pound the August black become a bankrupt  some time in October the plaintiff deliver ejectment against the tenant to get  possession of this estate upon October the defendant Trott and Hutchins as  assignee give the plaintiff notice that they will pay he his money due upon  the mortgage the November follow at the exchequer in the castle of where it be  make Payable by the surrender and which as appear by full proof be the usual  place for the receipt for the money due upon mortgage upon Nov the plaintiff  file his bill in this court for a foreclosure not have attend at the time and  place appoint to receive the money the defendant Trott bring a cross bill to  redeem the plaintiff mortgage upon equity case abridge er p payment of  principal and interest due to the Nov Shrapnell the defendant in the cross  Cause insist upon be pay the bind debt of pound as lend upon security of the  mortgage and that at the time of lend it it be agree that the mortgage shall  stand as a security for it and insist upon trot mortgage be only colourable  and fraudulent to cover the estate from his debt note Trott be black soninlaw  and Trott have make no proof in the Cause of the payment of the pretend  consideration money for the two mortgage Lord chancellor this bind debt can  possible be tack to the mortgage a heir shall never redeem without pay both  because the equity of the redemption be Chargeable as asset in the hand of the  heir to pay off the bind debt and therefore to avoid circuity the heir must  pay they both before he can be entitle to a redemption by all the late case a  mortgagee can insist upon be pay a bind debt even against the mortgagor  himself and it be still strong against a second mortgagee or assignee of a  Commission of bankruptcy and in the latter case the creditor be not entitle to  the whole debt but rateably and proportionable with the rest of the creditor  as to the interest since the tender it be a very liar case in common case six  month notice be necessary to raise the interest Pee and except a particular  place be agree upon there must be a personal tender in the present case the  exchequer at the castle be fix upon by the mortgagee for the payment of the  money but in strictness that relate to the payment of it upon the day mention  in the mortgage though as it appear by proof that it have be the usual method  to pay off mortgage there I think the notice be in that respect sufficient a  tender after a bill or ejectment bring be quite different from one make before  because a demand be thereby make of the mortgage money and thereof over he be  oblige totake it at less notice than six month and within a reasonable time  accord to the circumstance of the case but in the present case there be a  controversy to who equity case abridge the equity of redemption belong the  assignee indeed give the notice but one of the assignee Trott now insist upon  a right to redeem in his own private right and it be impossible any assignment  can be make till that point be settle and it be a point very proper  controvertible by the plaintiff for if the mortgage be substantiate they will  exhaust so much of the estate as will otherwise be liable to pay off this bind  debt in proportion of the rest of the creditor and there must be a enquiry  before the master or by direct a issue whether any money be real lend upon  these mortgage and must the plaintiff interest cease till the point be settle  suppose no bill or ejectment have be bring and there have be regular six month  notice and it have be controvertible to who the assignment shall be make the  interest of the mortgage will certain not cease from that time because he  refuse to receive the money the plaintiff must have his interest till the time  fix by the master for his receive it after it have be settle whether the  mortgage be make upon a good consideration or not mich Geo Sharpnell v black a  bankrupt and Trott and Hutchins his assignee ms Rep