case mackensie versus Robinson August a mortgagee must accept of a mortgagors  nominee to a avoidance of a advowson for instead of bring a bill of  foreclosure he shall have pray a sale of the advowson a petition be present on  behalf of a mortgagor that the mortgagee of a naked advowson may accept of his  nominee and present he upon a avoidance the incumbent be dead Mr clarke of  counsel for the mortgagee insist as there be a large arrear of interest he  ought to present if any advantage accrue from it and cite the case of gardener  versus Griffith wms there the plaintiff father be possess of a year term of  the advowson of Eckington make a mortgage thereof to the defendant and in the  mortgage deed be a covenant that on every avoidance of the church the  mortgagee shall present the court gave  no opinion but seem to incline that  the defendant Griffith the mortgagee have a right to present Lord chancellor I  be of opinion that the mortgagor ought to nominate and that it be not presume  any pecuniary advantage be make of a presentation to be sure these be  indifferent security but the mortgagee shall have consider it before he lend  his money and instead of bring a bill of foreclosure as he have do in this  case shall have pray a sale of the advowson vide amhurst v Dawling vern  attorney general v Scarisbrick ibidem Jori v Cox Prec Charles galley v  sergeant Selby stram Com S c Lord chancellor mention the next day that he be  not quite clear as to this point and that he have look into the case of  gardener versus Griffith since yesterday accord to the state of it in the  house of lord where the decree of Lord chancellor king be affirm he say that  be a mix case and atkins that he doubt himself whether a covenant that the  mortgagee shall present as be the case there be not void be a stipulation for  something more than the principal and interest and the mortgagee can account  for the presentation Lord Hardwicke adjourn it for further consideration to  the next day of petition upon the saint of October follow this petition come  on again and the mortgagee not be able to find any precedent in his favour  give up the point of present and a order be that the mortgagor shall be at  liberty to nominate and the mortgagee be oblige to present the mortgagors  nominee Reg lib b fol note it be state in the petition that there have be a  similar decree previous to the above order in the exchequer upon a former  avoidance