a a owner of of ship mortgage her to b with who he leaves the original bill of  sale and this mortgage be make by deed of mortgage only without any  endorsement or notice of the mortgage on the bill of sale as be usual  afterward at a s request b let we he have the original bill of sale and  thereupon a make several subsequent mortgage of several part of the ship which  be endorse upon the original bill of sale and some time afterward a deliver  the bill of sale to b who make no objection as to the endorsement it appear  also in the case that a have make a prior mortgage of the ship to this of b s  by a deed bear date the day before but that the prior mortgagee be a witness  to b s mortgage deed also b some time afterward take a release from a of his  equity of redemption and Lord Chan Cowper decree first that the first  mortgagee of the ship be a witness to b s mortgage though it do not appear  that he actual know the content of this second mortgage yet since it do not  appear but that he may know they it will be presume that very witness who can  write or read be acquaint with the substance of the deed or instrument which  he have attest it undertake to support by his evidence and that equity case  abridge therefore the first mortgagee be a witness to b s mortgage and not  acquaint b with his former mortgage this shall give a a preference to b s  mortgage second that when b be so careless as to intrust a with the original  bill of sale and accept of the bill of sale again and make no objection to the  endorsement of the subsequent mortgage make thereon this together with the  long acquiescence afterward amount to a imply consent in b to the subsequent  mortgage and shall give a preference to such mortgage three that though b when  there be subsequent mortgage take afterward a release of the ultimate equity  of redemption yet this do not oblige he to pay the intermediate mortgage  provide he will still waive the release make to he of the equity fourthly b be  order to pay cost to the plaintiff the endorsers of the subsequent mortgage on  the bill of sale but b be not to have his cost over against a in regard as  Lord chancellor say it be not reasonable that b shall one rate his pledge with  cost occasion by his unjust defence hill Mocatta all and Murgatroyd will Rep  to a the editor in a note ibidem say quaere whether the bare attest of a  subsequent encumbrance without other circumstance of presumptive notice will  postpone a prior encumbrancer since at that rate a prior mortgagee or  encumbrancer may without any fraud or ill intention on his side be liable to  be cheat of his security and the editor say he find it to have be so say by  Lord king in Mr p William report of a Anonymous case in mich