atkins case Harrison v Owen November the that if a mortgage be find cancel in  the possession of mortgagee it be as much a release as cancel a bind this  cause go off to a issue to try whether certain mortgage be fair cancel by the  mortgagee or whether they be fraudulent and by stealth carry away by the  mortgagor and the seal cut off by he Lord chancellor say in this cause that if  a mortgagee cancel a mortgage and it be find so in his possession it be as  much a release as cancel a bind but it do not convey or revest the estate in  the mortgagor for that must be do by some deed atkins er p Smithson v Thompson  Atkin er report date case sir huge smithson v thompson November the that where  a first encumbrancer by judgement have likewise a mortgage though there be  another judgement prior to the mortgage yet if the mortgagee have no notice of  it the court will not direct a sale of the estate in favour of the creditor  upon the second judgement unless he will pay off principal and interest both  of the first judgement and mortgage see the resolution in brace v duchess of  Marlborough p W and Morrett v pask post vol the defendant have a prior  judgement and a mortgage likewise upon the estate of b a subsequent judgement  creditor but prior in time to the mortgage bring his bill in this court and  pray a sale of the mortgagors estate who be likewise Willing and desirous to  sell atkins Lord chancellor in Churchill and grove Charles can which have be  cite by the plaintiff counsel the defendant purchase be subsequent to  plaintiff security but here the defendant be not a subsequent encumbrancer buy  in a prior but be the first of the encumbrancer who have advance more money  upon a second encumbrance where the first encumbrancer by judgement have  likewise a mortgage upon the estate notwithstanding there be another judgement  prior in time to the mortgage yet if the mortgagee have no notice of such  judgement the creditor upon the second judgement shall not come into a court  of equity and pray a sale of the estate so mortgage without pay off the  principal and interest both of the first judgement and the mortgage for it  will be very hard if the defendant shall be in a worse condition with a prior  encumbrancer in his favour than a mortgagee without notice of prior judgement  will be in this court therefore I will not decree a sale of the mortgagors  estate unless the plaintiff will submit to these term and if he do not like  they he may take his remedy at law by extend the estate