atkins case aggas versus pickerel June a plea of the statute of limitation  allow to a bill for redemption after a mortgagee have be in possession of the  mortgage premise at least year sander v Horde Charles Rep anon atk a bill be  bring to redeem a mortgage of four hundred pound upon a estate of four hundred  pound per and after the mortgagee have be in possession of the mortgage  premise at least thirty year the plaintiff by way of excuse for not come soon  say the mortgagor be several year out of the kingdom and die abroad the  defendant plead the statute of limitation in bar and by his plea insist upon  the length of time he and the person under who he claim have enjoy the estate  and be in quiet possession for such a number of year note the mortgagee be let  into possession in and continue so till his death in from which time the  premise have be quiet enjoy by the person claim under he Lord chancellor the  excuse the plaintiff make be not sufficient for the person who have a right to  redeem shall take notice of it at his peril but I have a great doubt with I  whether the defendant can in this case plead the statute of limitation for  insist on the length of time against a bill to redeem be only a kind of  equitable bar and take by way of analogy to the statute of limitation see  Sibson v Fletcher Charles Rep hale v hale ibidem Yates v Hamble atk Mellor v  lees ibidem proctor v oat ibidem anon atk and the rule be for a defendant to  insist by his answer and not by plea upon the length of time Pearson v pulley  Charles can lockwood v ewer atk Tash v white bro Charles Rep Mr Hoskins say  there be a precedent in Lord chancellor king time of such a plea allow by he  and that also he remember where a demurrer in such a case be allow which be  strong than a plea Mr solicitor general insist that Lord Hardwicke doubt in a  former case if a plea of the statute of limitation to a bill to redeem a  mortgage can be maintain whereupon the chancellor order the plea to stand over  to search for precedent this matter come on again on the that of August the  case cite in support of the plea be Charles Cas Pearson versus pulley jenner  versus Cray the that of may Clapham contra boyer Ch Rep vern saint John versus  turner Ryley versus harvest January Trevor versus Floyd in the court of  exchequer before Lord chief baron Pengelly atkins Lord chancellor these case  be very strong especial those that be cite from the book call chancery case  and chancery report and there can be no inconvenience from a plea but I be of  a different opinion where it be insist on by way of demurrer for how be it  possible to give a great allowance to length of time than the statute of  limitation do say contra sander v hoard Charles Rep Fraser v more bunb jenner  v Tracy p W Beckford v close cite bro Charles Rep if a bill be bring to redeem  and the plaintiff set forth that he have be long atkins er p out of possession  and do not show himself to be within any of the exception of the statute you  can take advantage of that by demurrer for the plaintiff may make it appear by  way of reply or by amend his bill he be within the save of the statute or upon  a plea he may prove himself to be within the exception but if it be to be  allow by way of demurrer the bill will be out of court and that I think be  carry it too far his lordship allow the plea in this case Reg lib a fol