case nash against preston a equity of redemption be not liable to the dower of  the wife of the mortgagee but the wife of a bargainee shall have dower  although the land be by agreement redemised to the bargainer and his wife with  a equity of redemption Bl Com Hardres Com dig Com dig Bac Abr equity Cas ab  burr roll Abr a bill in chancery be refer to Jones justice and myself to  consider whether one shall be relieve against dower demand c the case appear  to be that I S be seize in fee by indenture enrol bargain and sell to the  husband for one hundred and twenty pound in consideration that he shall  redemise it to he and his wife for their life render a peppercorn and with a  condition that if he pay the hundred and twenty pound at the end of twenty  year the bargain and sale shall be void he redemiseth it accord and die his  wife bring dower the question be whether the plaintiff shall be relieve  against this title of dower we conceive it to be against equity and the  agreement of the husband at the time of the purchase that she shall have it  against the lessee for it be intend that they shall have it redemised  immediate to they as soon as they part with it and it be but in nature of a  mortgage and upon a mortgage if land be redeem the wife of the mortgagee shall  not have dower and if croak car a husband take a fine sur cognizance de law  come Ceo and render arrear although it be once the husband yet his wife shall  not have dower for it be in he and out of he quasi to make one position and by  one and the same Act yet in this case we conceive that by the law she be to  have dower for by the bargain and sale the land be vest in the husband and  thereby his wife entitle to have dower and when he redemises it upon the  former agreement yet the lessee be to receive it subject to this title of  dower and it be croak car er p his folly that be do not conjoin another with  the bargainee as be the ancient course in mortgage and when she be dowable by  act or rule in law a court of equity shall not bar her to claim her dower for  it be against the rule of law videlicet where no fraud or covin be a court of  equity will not relieve and upon conference with other the justice at  sergeantsinn upon this question who be of the same judgement we certify our  opinion to the court of chancery that the wife of the bargain be to have dower  and that a court of equity ought not to preclude her thereof a croak car  trinity term car in the king bench sir Nicholas hide Knt chief justice sir  William Jones Knt sir James Whitlock Knt sir George croak Knt justice sir  Robert heath Knt attorney general sir Richard Sheldon Knt solicitor general