case in chancery Howard Vid con harris robert Nov S c vern mortgage the bill  be against Harris and Robert to redeem two mortgage make to Harris by Henry  Howard late husband of the plaintiff and brother of h heir to harry the bill  charge the mortgage make and that there be some agreement for redemption if  not express in the deed yet be to be redeem and charge that she be jointressed  on article make before marriage execute after by reason Howard the intend  husband be then a infant but at full age make a jointure to the plaintiff and  offer to pay the money so she may be admit to redeem Robert consent to her  demand Harris deny the article and set forth that as to nine tenement he be a  purchaser for valuable consideration pound from sir Robert Howard and after  two mortgage make to he the last mortgage include the first and redeemable on  payment of pound the nine tenement in lease for three life yet in be the case  come now to be hear and on the plead and proof be videlicet sir Robert Howard  in by fine and deed produce and prove convey the nine tenement in reversion  after three life yet in be and whereon pound S be reserve to Harris and his  heir year she sir Robert be then dead marry Henry Henry in consideration of  pound mention in the deed to be pay convey lurkin and other land the nine  tenement be no part of these land to the plaintiff for her life for her  jointure quaere if not for part of her jointure and after in June convey the  nine tenement in reversion to he in fee but not to be redeem but by Henry and  the heir male of his body and by no other which by his answer he say be do so  because of the injury sir Robert have do he for now one berry then husband to  the plaintiff have set on foot a fraudulent conveyance make by sir Robert and  his brother whereby berry pretend that sir Robert be but tenant for life and  so the conveyance of the nine tenement be void which induce Harris to consent  for thereby videlicet by this mortgage and his conveyance he still keep  possession and receive the rend S case in chancery afterward have his money  pound secure by this mortgage Henry Howard have need of more money and Harris  supply Henry Howard with pound more which make the debt pound and take a  mortgage year of the same land the nine tenement in reversion as aforesaid and  of diverse other land to he and his heir redeemable only by Henry Howard and  the heir male of his body but in this conveyance quaere if not in the former  mortgage also Henry Howard covenant case in chancery er p to pay the interest  duly every half year and the pound in year afterward in Henry Howard convey  Hopsel and Aston which be the nine tenement and diverse other land for the  plaintiff for life for jointure the remainder to himself and the heir male of  his body or to that effect the remainder over under which Robert the other  defendant claim but as before be say the plaintiff till this conveyance have  no Title to the land in Hopsel c the nine tenement for the plaintiff Mr  solicitor Mr Keck and other insist that both conveyance be with power of  redemption by Henry Howard and the heir male of his body ought in equity to be  not so restrain a mortgage can by no Art or clause be so restrain but the  mortgagor and his assign of the equity of redemption or his own heir though  not of his body may redeem else it will lie in the power of a scrivener to  make all mortgage absolute in effect and to put a bar to the power and  jurisdiction of this court to relieve in case of mortgage by insert such a  clause Mr Keck cite a precedent between Killington and green the condition of  a mortgage be to redeem during the life of the mortgagor decree that the heir  may redeem dly the covenant on Henry Howard his part to pay the money and  interest make it a mortgage on Harris part and he may sue for the money and it  can be a mortgage but it must be a mutual mortgage equal to both on the other  side it be say that general it be true that no restraint can be put on a  redemption where the business be only lend of money by the one and secure the  money lend by the other and therefore if the case in chancery case be only  that Harris have lend c and Howard have make a mortgage redeemable by he or  his heir male c his heir general or assignee may redeem for secure the money  be the main of the business but this be not the case as to the nine tenement  for it be allege and prove sir Robert Howard have long before the jointure  videlicet absolute and for a full consideration by fine and deed sell those  land to the defendant videlicet the reversion and rend pound S and Harris in  possession of the rend before and till the jointure make and the consideration  of the mortgage to he by Henry Howard be the precedent Title from the father  of Henry if it have be so plain say that for that reason and because he will  only redeem and so his heir male it will have be a good restraint that he and  his heir male may have liberty to set on foot his pretence but no other if a  in breach of trust vest in he for I S shall convey the land to b and b be  entitle under a breach of trust convey to I S on condition that he and the  heir of his body may redeem b die without issue shall his collateral heir  redeem and so as that I S shall be force to convey not only the interest he  have by the mortgage but extinguish his ancient Title for so it be desire here  that Harris shall convey to the plaintiff and so lose his former Title for  which he pay so much and have no consideration for it for his lend of money to  Howard be no consideration to Harris to lose his purchase and his money which  he pay for it again Harris do real purchase from sir Robert it be not allege  or prove how Henry Howard come to be interest or what Title Henry Howard have  it be not say so much as in the bill that Henry Howard be seize of any estate  in fee or otherwise but abrupt that he make such jointure and mortgage and  pray the conveyance pay the mortgagemoney the defendant set forth a purchase  from the father by fine for valuable consideration now if you will have a  reconveyance and redeem you must show why the conveyance to the defendant be  not good by show a former Title to the Title of sir Robert the Conizor of the  fine or invalidate his conveyance by some matter and not only by replication  aver your jointure else if a man take a mortgage of his own land and lend  money he shall lose his land for his own money for nothing case in chancery  the objection on the covenant can press no further than as to the other land  where the defendant Title be only the mortgage the portion the plaintiff bring  be but pound both her jointure be near pound per annum the Lord north Lord  keeper decree the redemption but on payment of the money and interest on  interest and take a difference where the covenant be to pay the interest and  where not for debt lie on the covenant case in chancery er p