case PENVILL and Luscomb at the roll eoden die see post Cas a fine will bar he  who have a equitable title if he do not bring a bill within five year vern  Chan Cas Luscombe the father make a mortgage in fee and die after forfeiture  leave a son and a daughter by one venture and a son by another the old son die  and the single question be whether the equity of redemption belong to the  sister of the whole blood as heir to her brother or to the brother of the half  blood as heir to his father and it be urge that here be no possession brother  that if the elder brother have leave a widow she will not have have dower out  of this estate though a widow be allow to redeem a mortgage for year because a  lease for year at law be no bar of dower and the possession of the mortgagee  be so far from be the possession of the mortgagor that if the mortgagee  continue twenty year in quiet possession it will give he a title even against  the mortgagor master of the roll I do not remember that this question ever  come in judgement before the court and the reason be because there be so few  mortgage in fee most mortgage be make for a term of year reserve a rend a  peppercorn at least and then the possession of the mortgagee be the possession  of the mortgagor for the possession of the lessee be the possession of the  lessor as he acknowledge by pay he rend for it be necessary that he pay he  some rend but when a mortgage in fee be forfeit mosely report the whole estate  be stand out and there can be no constructive possession of the mortgagor or  his heir but it be say that this mortgage be satisfy by perception of profit  in the lifetime of the old son and therefore the mortgagee be only a trustee  for he but then to make the sister his heir he must have be in possession of  this trust either by fill a bill against the mortgagee or by the mortgagee pay  he the rend and profit so the statute of fine bar he who have a legal title if  he do not enter within five year and he who have a equitable title if he do  not bring his bill within five year which amount to a entry and Lord coke say  there may be possession brother of a use before the statute for transfer use  into the possession which be what we call a trust now and as the possession of  land be gain by entry so the possession of a trust be by bill and therefore  the elder brother not have exhibit a bill against the mortgagee I think the  equity of redemption belong to the second brother but I shall make no decree  now it have be adjudge in this court that if tenant in tail male special  remainder in fee die without issue inheritable that there can be no possession  brother of the mosely report er p reversion for the possession of the estate  tail be not the possession of the reversion in fee but only of the tenancy in  tail Nels Fol Rep in canc vern vern Chan Cas Chan Cas Wednesday December the  that plead and demurrer