brand contra brand may jointress redeem c pay a three part mortgage baron and  feme limitation Thomas Brond late husband of the plaintiff in consideration of  pound settle inter alian house in bread street in all of the value of pound  per annum to the use of himself for life remainder to the plaintiff for life  for her jointure with remainder over the house year case in chancery be burn  and the husband be unable to rebuild they without borrow money persuade the  plaintiff to join with he in a fine sur to go away for a long term of year to  secure the money to be borrow and agree with the plaintiff that it shall be no  prejudice to her but that she shall redeem pay the interest of the money  borrow pound be borrow of alderman jefferies and a fine levy to he for year by  the plaintiff and her husband jefferies redemised the cost of the burn house  to the husband for year render pound per Ann and to repay the pound at a time  c the house be rebuild by the husband who afterward settle they and other his  land on himself in tail to the heir male of his body the remainder in tail to  the defendant his brother charge with portion of pound to his daughter and die  year and make the defendant his executor be his brother his personal estate  but si short of his debt the defendant be bind for he in bind to the value of  pound and enter on the house pay the pound and take up the bind and also pay  the interest of the borrow till and then the plaintiff exhibit the bill to  redeem for that the house yield pound per Ann and the rend receive by the  defendant be more than the money borrow and her jointure now leave but pound  per Ann beside the house and pray that she may redeem pay proportionable and  hold over till that she be repay with interest the it be allege and the truth  be that she never question the matter in thirteen year during all which time  the defendant pay interest and pay the pound which be the brother debt and the  house redemised come to he as executor of his brother and be asset in his hand  so that in law the same be liable to pay debt and in equity he ought not to be  liable to his brother debt and the plaintiff Title be but a parole agreement  between husband and wife and the defendant never have notice of any such  agreement till this bill exhibit year the plaintiff counsel reply that when  she join in the fine with her husband the equity of the redemption do proper  belong to her and her husband can not discharge it by any subsequent Act or  agreement beyond case in chancery the mortgagemoney and interest unless it be  for valuable consideration to one who have no notice of her Title but the  defendant be no purchaser but come in only as executor and pay no money for  the lease therefore pray that she may be admit to redeem from the mortgagee  that the profit and rend which the defendant have receive ultra the interest  may be account to her as belong to her for her jointure the Lord chancellor  after much debate decree that she shall have the redemption pay a three part  of the principal money but shall have no profit receive by t defendant till  the bill exhibit which be the first time he have notice of the agreement and  the defendant be to pay the other two part of the principal and the executrix  the wife to be reimburse in case she die if she pay more than the three part  the mortgagee be party to the bill case in chancery er p