case galley vers sergeant selby in canc a mortgagee shall not be allow to  present to a live which become vacant because nothing can be take for it but  shall be look upon as a trustee for the mortgagor or his grantee and shall  present such person as they shall name Str c infra p Powell on mort p Charles  Stafford seize in fee of several land in the county of back and of the  advowson of Warrenden in gross by lease and release date the d and that of  April convey the land to trustee and their heir to raise for Samuel Stafford  his brother and his other brother and sister and afterward by lease and  release bear date the that and that of march but execute after the  beforementioned conveyance to the trustee for raise portion for his brother  and sister convey the same land and by indenture date the d of April convey  the say advowson to sergeant Selby and his heir on the that of march Charles  Stafford grant the next advowson to Peter galley in Charles Stafford die and  Samuel Stafford exhibit his bill in equity against Selby to be let in to a  redemption of his estate Selby insist that he be a absolute purchaser but upon  hear the cause in it be decree that Selby vern a be only a mortgagee and that  Samuel Stafford shall stand in the place of the aforementioned Charles  Stafford and shall be admit to redeem and that Selby shall account for the  profit receive by he since the conveyance and that security shall be give to  redeem c comens on the that of July gardener article to pay for the land and  the advowson which be convey to Selby but the account be not then settle by  the master and now the church be become vacant by the death of Cowme the last  incumbent galley the plaintiff the grantee of the next avoidance present his  clerk Selby also present his clerk and gardener also present his clerk upon  this galley exhibit his bill in equity against Selby and gardener and gardener  also exhibit his bill against galley and Selby allege that he be a purchaser  for a valuable consideration without notice of the grant to galley the bill of  galley against Selby gardener now make default come on to be hear and it be  insist for the plaintiff that Selby be a mortgagee and be by the former decree  to be redeem the equity of redemption then be in Charles Stafford he will have  be admit to present to the advowson which become void pen a suit for  redemption and of consequence his grantee shall be admit here for the  presentation not be to be account for in value the mortgagee shall not be  allow to present because nothing can be take for it or account for it but the  mortgagor shall present Lord Hardwicke in the case of Mackenzie v Robinson atk  doubt whether a covenant that the mortgagee shall present be not void be a  stipulation for something more than the principal and interest as the  mortgagee can account for the presentation and it be agree that the case will  be so in a common mortgage but it be say that here Selby be a purchaser and  continue a purchaser at the time of the grant make of the next avoidance  videlicet on the that of march though by the decree after he be direct to  account by which he become in the nature of a comens er p mortgagee quoad the  plaintiff in that suit videlicet Samuel Stafford but not quoad Charles  Stafford for he be no party to the suit therefore as to he the purchase  continue absolute then the plaintiff galley who take nothing from Samuel  Stafford nor claim under he nor give any valuable consideration for his grant  ought not to present but Selby who have the legal interest ought to present  without the interposition of a court of equity but it be decree by the Lord  chancellor that Selby be only a mortgagee from the beginning and though Samuel  Stafford be plaintiff in the suit yet he come in under Charles Stafford who  have the comens equity of redemption and therefore when the church become  vacant he be to have the advantage of present and as he have grant the next  avoidance his grantee stand in his place and Selby be only a trustee for he  and it be not material whether he be a purchaser of the grant or not for if  the grant be without any consideration it will be good and sufficient to  entitle he to the presentation and therefore it be decree that the  presentation by Selby and also by gardener be void and that Selby shall  present such person as the plaintiff shall name I be counsel for the plaintiff