case wiltshire versus smith may where there be covenant in a deed of  assignment on the part of a mortgagee he may refuse to take the principal and  interest though tender till he have have a opportunity of advice with his  attorney whether he may safe execute with respect to stop interest on a  mortgage vide gyles v hall p W bishop v church Ves Garforth v Bradley Ves  Shrapnell v black Eq ab pl a bill be bring to redeem a mortgage on the that of  may in which the plaintiff insist upon a redemption on pay the principal money  only for that the interest ought to end the that of February because the  plaintiff have give six month notice to pay off the mortgage and on that day  tender the principal and interest and a deed of assignment but the defendant  absolute refuse to take the money the defendant swear that he offer to take  the money provide he may have time to consider of it and to advice upon the  deed of assignment as there be covenant in it on his part upon which as he be  not of the profession of the law himself it be reasonable he shall ask the  opinion of some attorney whether they be such as he may safe execute Lord  chancellor there be not one case in twenty upon the fact of a absolute refusal  after a tender that be ever make out for they be general attend with  circumstance that explain the refusal and be nothing more than cause cook up  by country atorneys to make themselves business the plaintiff do not as he  ought to have do send a draught of the assignment to the defendant any time  before the money be tender atkins the plaintiff insist that the defendant  absolute refuse to take his money or execute the deed of assignment if this  have be the fact it will have be unconscionable and unreasonable in the  defendant atkins er p but the person who be to take a assignment of the  mortgage swear that the defendant desired further time or to that effect the  question be who be in the wrong the plaintiff certain be for where there be  covenant on the part of the mortgagee it be very reasonable that he shall have  some time to look they over and the plaintiff attorney ought to have leave the  deed for a week with the defendant that he may have a opportunity to advice  upon it and the plaintiff attorney shall have appoint a time to pay the money  after the defendant have be allow a sufficient time to advice or as I say  before he shall have send a copy or the ingrossment of the assignment but the  subsequent transaction and what pass before the fill of the bill explain it do  ever a mortgagor as be the case here after he be put under this difficulty lie  by a year and quarter without bring a bill to redeem what can be the reason  why the plaintiff the mortgagors attorney tell he you have make a tender of  your mortgage money and the defendant refusal have forfeit his interest so  that you may keep the money and by a bill compel the defendant to take the  principal without interest from the time of the tender Lord Hardwicke order  that it be refer to a master to take a account of what be due to the defendant  for principal interest and cost on the mortgage andon the plaintiff pave to  the defendant what the master shall certify to be due within six month after  he have make his report it be decree the defendant shall assign the mortgage  premise as the master shall direct but in default of the plaintiff pay as  above direct it be order the plaintiff bill do stand dismiss Reg lib b fol  note this mortgage be by way of term for year and if the mortgagor have tender  the money at the appoint day then accord to the usual proviso in such case the  term will have cease and no assignment necessary but as default be make in  payment the term become absolute at law and a assignment be necessary to  revest it in the mortgagor