case dowse against rue the subsequent mortgagee pray to redeem the first  mortgage upon payment of what be due and pen that suit the first mortgagee set  up another mortgage prior to they all decree a trial at law whether that  mortgage be execute and if it be how much money be pay on it S c Eq ab upon a  appeal from a decree at the roll the case be thus the defendant mrs rue while  a feme sole lend a hundred pound to the mortgagor who for secure the repayment  thereof make a mortgage of the land to her date in April afterward the  defendant marry Mr rue who be a seafaring man and have a pension or halfpay  from the government proceed in a voyage to serve the czar of Muscovy and leave  a letter of attorney with his wife to receive his pay as it shall become due  afterward the mortgagor of these land borrow six hundred pound more of one  mary sherlock and for secure the repayment thereof with interest he mortgage  the say land to her by deed date in August which be a year after the mortgage  for the one hundred pound to the defendant rue who assign the say mortgage of  a hundred pound to another in her husband absence pretend she have a power so  to do and produce a letter of attorney as she pretend under his hand for that  purpose modern report but as soon as be return he bring a bill in equity  against the assignee and have a decree for a reconveyance on payment of one  hundred and fifty pound which be pay by the say assignee to the wife upon her  assignment of the say mortgage then the plaintiff dowse in right of his mother  inlaw mary sherlock who have the subsequent mortgage for six hundred pound  exhibit this bill against the defendant rue and the assignee to have a fair  account and to have a assignment of the prior mortgage of one hundred pound  upon payment of what shall appear to be due thereon a see Wortley v Birkhead  vezey Hawkins v tailor vern turner v Richmond vern belchier v renford brown p  c Robinson v Davidson brown c c a and the rather because the say first  mortgagee have all the deed and title of those land which be leave in her  possession by the mortgagor so that the plaintiff who be the subsequent  mortgagee may be easy deceive but now pen this bill the defendant set up  another mortgage of those land to they for secure the payment of two hundred  pound with interest which mortgage be date the twentyeighth of march about  three week before the mortgage in April for one hundred pound but it be deny  by the plaintiff there be a decree make at the roll that it shall be try at  law whether the deed date the twentyeighth of march be execute from which  decree the plaintiff now appeal for that it be too short for if upon the trial  it shall appear that such deed be execute yet the money therein mention may be  pay in part or in the whole therefore it shall be direct to be try in like  manner whether that money or how much thereof be pay but it be insist for the  plaintiff that this mortgage of two hundred pound shall be set aside without a  trial at law because it appear that the mortgagor have a title to those land  by lease for thirtyfour year and in the mortgage date in march he recite it to  be for thirtyeight year so that it be very unlikely he will mortgage it for  four year long than he have in it and in April follow he mortgage it to the  same person for thirty year to commence immediate and this be modern report er  p very extraordinary in the mortgagee to take a second mortgage of the same  land for a short date and time than the first when the money lend and secure  by this second deed may have be better secure by endorse it on the mortgage  date in march before beside if a subsequent term of the same premise be take  in April and to commence at the same time that will be a surrender in point of  law of this deed in march before modern report it be admit at the roll at the  bear this cause that if the deed in April have be to secure a great sum of  money than the deed in march it may have be presume to have be make in  satisfaction of the first sum but it may be as well presume that the mortgagor  pay a hundred pound of the two hundred pound and give the second mortgage in  April for the secure the payment of the other hundred pound and neglect to  cancel that in march beside the defendant be never in possession by virtue of  this mortgage date in march neither be the principal or any interest demand in  twenty year but it be insist for the defendant that no alteration ought to be  make in the decree at the roll but only that it may be direct to try if any  part and how much of this two hundred pound be pay and thereupon it be decree  that it shall be try at law whether this deed be execute and if it be then  whether the whole or any part or how much of the money be pay