case Hungerford against clay a mortgagee can make a lease of a house in  mortgage before foreclosure nor present on a avoidance S c Eq Abr Edward  Hungerford the plaintiff have mortgage a house in saint clement lane in London  to the defendant clay tender the principal sum and the interest to the say  mortgagee which he refuse to take he the plaintiff exhibit his bill in this  court to have a reconveyance upon the payment of the say money the substance  of the defendant answer be that he have make a lease of this house for five  year reserve so much yearly rend and that after the expiration of the say term  he have covenant that the lessee shall hold it for four year long if he the  lessee be Willing so to do that the say five year be now expire modern report  er p that the lessee be Willing to hold the house four year long and that if  the plaintiff will grant such lease then the defendant will reconvey upon the  payment of the say principal sum and interest this cause be beard at the roll  where the defendant have a decree in his favour but upon a appeal to this  court it be insist for the plaintiff that as a mortgagee can present upon the  avoidance of a church so by the course of equity he can make a lease of a  house or land in mortgage but where there be a absolute necessity so to do  which do not appear in this case for if the mortgagee shall make such lease  they may be avoid by the mortgagor before the equity of redemption be  foreclose modern report now admit the mortgagee shall make a lease for four  year long reserve rend and such lease shall be adjudge good between he and the  lessee it will be difficult for the mortgagor to recover any rend though the  principal and interest shall be pay because be do not claim under the estate  of the mortgagee and therefore can have any benefit of the lease make by he  for he be neither party to the deed nor privy to the estate therefore the  mortgagee ought to reconvey free from all encumbrance those who argue for the  defendant admit that a mortgagee can present upon a avoidance of a church a  see amhurst v Dawling vern attorneygeneral v Scarisbrook vern galley v Selby  strange S c comy attorneygeneral v hesketh S c Prec c S c Eq Abr Jorry v Cox  Prec Ch Kinsey v Langham case t t gardener v Griffiths Peer wms mackensie v  Robinson atk Botteler v Allington atk Robinson v Jago bunb Dimocke v Hobart  brown p c a the reason be because it do not lessen his debt but it be  otherwise where be make a lease of a house or land in mortgage render rend for  certain the payment of rend will lessen the debt so there be no parity of  reason between those case but the Lord chancellor be of opinion that the  mortgagee before foreclosure of the equity of redemption can make a lease for  year of a house in mortgage to bind the mortgagor unless to avoid a apparent  loss and mere in necessity b see lucan v Mertins will b so the decree at the  roll be reverse