case Jackson versus butler and other may mortgage be put into butler hand to  receive the principal and interest who pawn they to the defendant spring for  pound Lord Hardwicke hold that as the pawner must by the deed appear to have  no property he can not avoid decree spring to deliver the deed to the  plaintiff and leave the pawnee to his remedy at law against butler a bill here  for the recovery of the deed proper for in a action of trover the plaintiff  can only have damage for the detainer the bill be bring against the defendant  butler for refuse to deliver deed the one a mortgage and the other a  assignment of a mortgage which be put into his hand in order to receive the  principal and interest and who have abuse his trust by pawn they to one spring  for pound for which butler likewise give a note in his own name for the  payment and take a note also of spring to return the deed upon payment of  principal and interest on the pound Lord chancellor the plaintiff may have  have a action of trover but then he can only have damage for the detain but  not the deed themselves and therefore be proper in bring a bill here for the  recovery of his deed atkins there seem to be little or no defence insist on  for the defendant butler and indeed a servant who have plate under his care  and who may commit felony of that plate as he have neither a general or  special property may full as well justify the raise a sum of money for his own  use by impose it upon the lender as his property which be a strong case than  the present as plate may have no mark upon it but it be impossible the  defendant butler can impose upon another for by the deed themselves he must  appear to have no property and even suppose it to be a atkins er p attorney  who have deed deliver to he unless there be a bill due to he from the person  who deliver they he can justify detain they vide grey v cockeril ante act  dishonest the defendant spring not appear to have but indiscreet be decree to  deliver the deed to the plaintiff but without cost and leave to his remedy at  law against the defendant butler upon the note for pound Reg lib a fol