case earl of Macclesfield versus Fitton maii in court Lord keeper Eq can ab pl  pl porter v Hubert S p Ch Rep Ch Rep S c mortgagee assign his mortgage to I S  who pay off the principal and the interest which S considerable in arrear  whether this interest shall be reckon principal against the mortgagor the bill  be to have the redemption of a mortgage of the manor of Bosley and Siddington  in the county of Chester that be former the estate of sir Edward Fitton which  mortgage have be assign to the defendant Fitton the bill be exhibit so long  since as Feb but be then put off or want of proper party the plaintiff claim  the estate by the will of sir Edward Fitton and have not bring the coheir to a  hear and so the cause sleep till now the Lord Macclesfield be all the while in  possession the point now insist on be two Vernon chancery case saint upon the  assignment to the defendant Fitton the debt be state betwixt he and the  mortgagee and some of the coheir that be then look upon to have a right to the  redemption and the defendant counsel insist that this ought to conclude the  plaintiff as a state account but the plaintiff be no party thereunto that be  overrule by the court dly there be great arrear of interest due at the time of  the assignment which be pay by Mr Fitton the original mortgagemoney be but and  he pay upon the assignment pound the question be whether the pound pay for  interest then in arrear shall be reckon principal as to the defendant Fitton  and carry interest with it mortgagee enter and the profit be not sufficient to  answer the interest yet the arrear shall not carry interest but the cost and  charge must proctor v Cooper Trin pre Ch for the plaintiff it be insist  interest be never make principal in such a case unless the mortgagor have join  in the assignment and they cite the case of porter and Hubbart Ch Rep Nelson  where in a like case it be decree that interest shall be reckon principal but  for that reason the decree be reverse in the house of lord the general rule on  this head be that if assignment of mortgage be make with the concurrence of  the mortgagor the interest pay by the assignee to the mortgagee shall be  consider as principal otherwise if assignment make without consent of  mortgagor or colourable and it be so state and consider in Ashenhurst v James  atk vide Howard v Harris post and case cite in not there glad man v henchman  post vol smith v Pemberton Ch can Lord ossulston v Lord Yarmouth salk where  per Cowper Lord Chan to make interest principal it be requisite that interest  be first grow due and then a agreement concern it may make it principal Bac  Abr and case in margin matthews v Walwyn Ves and case there cite but a prior  encumbrancer can turn interest into principal to the prejudice of subsequent  encumbrancer after notice Digby v crag Amb as to compound interest vide ex  part Bevan Ves and case there cite the result however of the case seem to be  that the court will be guide very much in its decision on this subject of  equity by the particular circumstance of the case with reference to the rule  but the Lord keeper say that precedent will not weigh much with he he be of  counsel in the case and it be hard in all its circumstance for there the  mortgage be in the late time although the mortgagor receive all the profit  without interruption when thing be dear than ordinary by reason of the trouble  in other part of the kingdom yet in that case the lord will not allow of pound  per cent interest but reduce the interest to pound per cent but although he  think it reasonable that the interest pay upon the assignment shall be reckon  principal yet he will Vernon chancery case er p not now make a new precedent  but direct the defendant counsel to search for precedent and if they can find  any one he will follow it in this case but the plaintiff counsel affirm there  be no such precedent afterward that July this cause come on before the Lord  keeper and his lordship after declare the plaintiff entitle to redeem declare  his opinion in this case and also as a rule in all other case of this nature  for the future that where a mortgagee and assignee do good fide make up a  account of principal and interest without any design to charge the mortgage  estate and fair pay his money principal and interest and take a assignment all  such money as be pay upon the assignment ought to carry interest from the time  of such assignment but if there be not so much money due for principal and  interest at the time of such assignment as be mention in the assignment  mortgagor ought to have liberty to contest the same and the account ought so  far to be open and do order and decree the same accord and that the master to  who by the say former order the account stand refer be to proceed in the  reference accord with this further direction that the say defendant Fitton  shall be charge by way of discount on the say mortgage for what profit the  father of the defendant the defendant himself or his trustee or any other  person on his behalf have receive out of any other part of sir Edward Fitton  be estate not within the mortgage Reg lib a fol n b this cause be enter in the  register book in the name of earl of Macclesfield v Jolliffe