case barrel versus Sabine novembris in court Lord keeper what circumstance may  induce the court to make a absolute conveyance redeemable or not upon the hear  this cause the single question be mortgage or no mortgage and it be before the  statute of fraud and per jury for proof of its be a mortgage it be urge for  the plaintiff first the overvalue videlicet that it be a church lease of per  and over and above the rend reserve and all reprize and renew at the time of  the pretend purchase and make up a complete term for year and Mr sergeant  barrel purchasemoney be but pound of which not one penny come to the vendor  hand but all go for discharge encumbrance and in repair and renew the lease  and that the defendant be offer much about the same time for this lease pound  dly that Sabine be at the charge of the conveyance dly that sergeant barrel  shall declare if Sabine will repay his money within a year and half and give  the sergeant pound for his pain Sabine shall have his estate again and to  prove that such a declaration be sufficient to make it a mortgage they cite  the case of coal and Martin and beal and Collins on the other side it be  answer the overvalue be not so great as be pretend and that this have all the  form and step of a absolute purchase there be first express article for a  absolute purchase and then a conveyance make in pursuance of those article and  possession deliver immediate upon execution of the conveyance Vernon chancery  case the Lord keeper say he be full satisfy that it be not original a mortgage  but a absolute purchase but believe Sabine may complain he have sell his  estate too cheap and that thereupon Mr sergeant barrel may declare if he will  repay he his money within one year and give he pound for his pain that he  shall repurchase his estate which Lord keeper believe be the true state of the  case and cite sir Anthony cage case of a clause to repurchase which make so  much stir in Westminster hall and say he think that where there be a clause or  provision to repurchase the time limit ought to be precise observe and say  that as to the sergeant agreement that Sabine may repurchase for pound more  that seem reasonable in respect of his trouble and for that the estate be the  more valuable as have go through a lawyer hand who understand the title and  that may be a mean to encourage purchaser and dismiss the bill vide Newcomb v  Bonham ante p Manlove v ball post vol cotterell v purchase Forr Vernon  chancery case er p