case owner Stowell all versus coal Julii mortgagor bring a bill to redeem a  account be decree a report make diverse proceed be have in the cause and the  plaintiff be order to pay cost and deliver possession the defendant the  mortgagee die whether his executor can revive the suit where there be a decree  for a mutual account plaintiff on his own bill may be decree to pay the  balance of the account and defendant may revive as well as the plaintiff in  case of a abatement the now defendant coal bring a bill against the Lord  Stowell the father of the late Lord Stowell to redeem a mortgage the cause be  hear and a account decree Vernon chancery case er p a report make and diverse  proceed thereon and order make for coal to pay cost and to deliver possession  the Lord Stowell die and Vernon chancery case make the late Lord Stowell his  son executor who bring a bill to revive the former suit and several proceed be  thereupon have and inter alian a appeal to the house of peer from some order  make touch the account in question but before the matter be final determine  the Lord Stowell the son also die the now plaintiff as executor to her late  husband bring a bill to foreclose as likewise to revive the decree and proceed  in the cause wherein coal be plaintiff and to have the benefit of order for  cost and for delivery of possession it be insist by the defendant coal counsel  that as this case be the now plaintiff who stand in the place of the defendant  in the former cause can not revive the bill be only to redeem and in such case  if upon the event of the account it shall be find too heavy and the estate not  worth redeem all that can be do be to dismiss the bill with cost and the court  can not decree the plaintiff to pay what shall appear to be due upon the  account but where a mutual account be decree upon a deal in trade or the like  there possible the plaintiff shall not be admit to dismiss his bill after a  account decree but shall upon his own bill be decree to pay what shall be find  due upon the account so in that case there may be reason that a defendant may  revive per cur if this question be res integral and come in the first instance  before the court possible a defendant as this case be can not revive but  inasmuch as in this case upon the death of the Lord Stowell the father there  be a bill of revivor bring by the Lord Stowell his son and executor and upon a  appeal from a order of this court to the house of Vernon chancery case peer  the lord confirm the proceed in that cause that January journ Ho lord vol p  certain the lady Stowell in this case have the same right to revive upon the  death of her husband as he have upon the death of his father in this case  Margaret lady Stowell widow of John Lord Stowell decease Edward top Esq and  Christian his wife Margaret and jane grey be the plaintiff and which say  Christian top and Margaret and jane grey be entitle to part of the money due  on the mortgage and the cause be by the decree order to stand revive Reg lib a  fol ante p S c