case Edmund versus Povey all of the eighth month in court Lord keeper three  mortgagee without notice at the time of his mortgage buy in the first  encumbrance be a satisfy judgement he shall have the benefit of it the  principal question in this case be touch the buy in of encumbrance videlicet  where there be first second and three mortgagee who have all lend their money  without notice the three mortgagee hear of the two former security buy in the  first encumbrance to wit a judgement that be satisfy and it be strong insist  at the bar that though this trade of buy in encumbrance have be former  countenance here yet that it be in truth a thing against conscience and  contradictory to many establish rule of law and equity Vernon chancery case  but after long debate the Lord keeper tell they he wonder the counsel lie  their shoulder to a point that have be so long since settle and receive as the  constant course of chancery it be true there have be strong argument use  against the unreasonableness of this practice and there may be likewise strong  reason bring for the maintain of it and so be at first a case very disputable  but be once solemnly settle as it be in the case of marsh and lee Ch can he  will not now suffer that point to be stir vide brace v duchess of Marlborough  p wms and case cite in not there the counsel in their own justification reply  that his lordship when this cause come first before he have refer it to sir  Adam Ottley to state the case special and it now come before he on the master  report and there be no other point in the case but this and therefore they  suppose his lordship intend they shall be at liberty to speak to that matter  but his lordship declare he will not change the rule that have so long prevail  in this case but it may be he may do so where he find a man design a fraud and  think to make a trade of cozen by the rule of the court in all these case it  must be intend that the puisne mortgagee when he lend his money have no notice  of the second mortgage c for that be his sole equity per master of the roll  brace v duchess of Marlborough ub sup so puisne encumbrancer can gain such  preference after a decree and direction to settle the priorities Wortley v  Birkhead ves sergeant Pemberton move that as to the point of notice he suppose  his lordship mean that a man that buy in a prior encumbrance must do it  without notice of the Vernon chancery case er p middle encumbrance not only  when he lend his money but also at the time when he buy in the prior  encumbrance say non allocatur And injunction which have be obtain dissolve and  defendant to pay the cost of the suit Reg lib a fol