case Thornhill versus crying Euhan July a mortgagee where the mortgage be only  four and half per cent compel the mortgagor to turn the interest into  principal at five per cent at the end of every six month and at the time the  mortgage be pay off insist on a advance of six month interest over and above  the interest which be due the bill be bring for relief against the mortgagee  and to set asideathe grant to the defendant of the place of steward to a manor  of the plaintiff as obtain by fraud Lord Hardwick relieve the plaintiff both  in respect to the transaction relate to the mortgage and also in regard to the  grant of the stewardship a bill be bring by the plaintiff as a mortgagor to be  relieve against the defendant the mortgagee for take the advantage of his  necessity and force he at the end of every six month to turn the interest into  principal at per cent whereas the original mortgage be only and half and for  insist at the time the mortgage be pay off upon a advance of six month  interest over and above the interest which be due upon the mortgage  notwithstanding the mortgagor have give the defendant six month notice of his  pay off the mortgage the bill be likewise bring to set aside a grant to the  defendant of the place of steward to a private manor of the plaintiff as it be  obtain by fraud and imposition the defendant make the plaintiff believe that  the grant of the stewardship be so draw that he may revoke it at pleasure and  at the same time the defendant have taker it to himself and his heir atkins  Lord chancellor where there be a act of extortion this court will decree a  refund without inquire into the particular circumstance of imposition I be  surprise and sorry that this affair be bring before the court and I be clear  of opinion that the plaintiff be entitle to be relieve upon the principal  matter pray by his bill atkins er p the first relief pray be in respect of the  computation of interest by turn it into principal and charge per cent interest  upon interest at the end of every six month second in respect to pound S d  advance for the last six month interest over and above the common interest  three the fifty day interest after the notice expire for pay off the mortgage  which be entire owe to the defendant own delay as to the first the excuse for  the defendant be that if a mortgagor do not pay interest regular the mortgagee  may upon agreement turn the interest into principal vide sir Thomas to make  water case can tempt Talb ante vol SC note but then it must be do fair and be  general upon the advance of fresh money and even then it be reckon a hardship  upon a mortgagor and a act of oppression nor be there any proof here of fresh  money lend but what weigh with I be the computation at the end of every six  month and the turn interest into principal and make that interest carry per  cent when the original mortgage carry but and I which be a very extraordinary  proceed and therefore upon this part of the case the plaintiff be to be  relieve vane I shall direct the master to take a account only of what be due  upon the pound at and percent and the plaintiff to pay no more than for any  fresh money that shall appear to be due to the defendan t his lordship direct  a account of the principal and interest on say mortgage of the that of may for  the say sum of pound with interest at pound S per cent to that of June and  also of the several other sum of money afterward lend upon the say security  with interest at pound per cent in the take of which account the master be to  inquire what arrear of interest be from time to time agree by plaintiff in  write to be turn into principal after such arrear become due and such arrear  to be consider as principal from the respective time of such agreement and to  carry interest at pound S per cent Reg lib b fol second as to the pound S d  advance for the last six month interest over and above the common interest  this be a most extravagant affair nor be there any colour for take a double  the pretence indeed be that the plaintiff by way of agree to give double  interest for the last six month whenever he pay off the mortgage atkins can it  be think that this court will suffer a gentleman of the bar to maintain a  action for fee which be quiddan honorarium or if he happen to be a mortgagee  to insist upon more than the legal interest under pretence of gratuity or fee  for business former do in the way of a counsel to admit such a clandestine way  of come at fee be of much worse consequence than the other it have be say and  true say a mortgagee may refuse to part with the deed till his money be pay  but still a fair mortgagee will not deny a inspection of deed in his hand when  he have notice to be pay off the consequence then of this be that the sum of  pound S d must be refund with the interest which have be receive upon it three  in respect to the fifty day interest after the notice expire for pay off the  mortgage the principle which the defendant go upon be that if interest be a  arrear when the mortgage be pay off he shall have interest for that interest  which be never allow of in a court of equity proctor v Cooper Prec Charles  vern fourthly as to the grant of a stewardship in fee it be void Self facto  vide Perk S for it may possible come to a woman which be not to be suffer  where it a judicial office we question here whether it be a imposition in the  first place it have not be prove the plaintiff ever look upon the grant and  very liableto be impose upon suppose he have read it since he do not know what  a inheritance be notwithstanding he see the grant be to a man and his heir  beside the defendant abuse the trust which this gentleman repose in he for as  he be his counsel he ought to have tell he the effect of these word another  strong ingredient in this case be the defendant manifest intention to get the  estate into his own hand and therefore take it with the other circumstance  this grant must be deliver up to the plaintiff and he must likewise have his  cost to this time and I reserve the other cost till it come back upon the  master report Reg lib b fol atkins er p