case more against battle in chancery d and that march one agree to lend pound  at pound per cent and for that pose sell pound S S annuity which be under par  do not produce pound he advance the money so produce and take mortgage for  pound hold a shift within the statute of usury and the difference between the  price at which the stock be sell order to be repay on a bill bring after a  decree for foreclosure and the whole money allow in the account take under  that decree No entry S c Eden defendant dr battie lend the plaintiff several  sum of money upon mortgage and the plaintiff have occasion for more the  defendant advance he pound in the follow manner by sell out pound SouthSea  annuity which at that time be under par and sell at a loss of pound upon  ambler the whole and pay he the money for which they sell take a mortgage from  he for the whole pound at pound per cent interest with covenant to reduce the  interest to pound per cent if pay within such a time he afterward advance the  plaintiff pound more in the same manner by sale of so much SouthSea annuity  which be also under par and sell at the loss of pound S upon the whole and  take a mortgage for pound at pound per cent interest with a power for more to  reinstate the pound at any time within two year which be not do a bill be  bring by the defendant to foreclose and more in his answer admit the mortgage  and submit in general to pay what be due the master in take the account  consider those sum as pound and pound and compute interest upon they accord  and make his report the plaintiff pay the principal interest and cost report  and bring this bill inter alian to be pay the several sum of pound and pound S  and interest insist that he ought not to have be charge with they in the  account the defendant plead the proceed under the decree in bar and his plea  on be argue be order to stand for a answer with liberty to except lib Reg b f  child v Gibson atk earl of Peterborough v Germain bro p c Mitf Tr beam on plea  two question saint whether it be usury d whether the court will relieve sir  Robert Henley Lord keeper as to the saint I be clear of opinion it be a shift  within the statute the plaintiff have but pound instead of pound in the one  case and pound S instead of in the other he have pay as much interest as be  equal to per cent for pound and pound which be more than the statute allow be  more than per cent for the money he receive suppose stock at pound per cent if  a person take at par he pay pound S per cent the case of the pound be not  distinguishable from the other not so on the foot of a risk for defendant take  interest for pound though in fact the plaintiff receive but pound S ambler as  to the d equity will relieve after the money be pay the law can ambler er p  this matter be not in question in the former cause the plaintiff may have  bring a cross bill but he do not therefore no determination on this question  he complain of be injure in the account therefore decree payment c see earl of  Chesterfield v Janssen atk Tate v wellings t r forest v Elwes Ves a contract  for repayment of a debt with legal interest or at the option of the creditor  to transfer so much stock as it will have produce on the day it be Payable be  usurious Barnard v young Ves and so where the lender take the dividend for  interest have the option whether he will have the stock replace or the sum  produce by the sale repay to he in money with per cent interest white v wright  b g clark v Gerraud mad