case richard Symmes and other appellant and Symonds widow and other respondent  that February mortgage be not to be prefer to other real encumbrance but they  shall all take place accord to their priority and as they several stand in  order of time decree of the master of the roll reverse in part in Mr  Fonblanques note to treatise of equity c sec this case be cite as determine  that where the legal estate be stand out equitable encumbrance must be pay  accord to their priority in time to the same point also be cite brace v  Marlborough duchess p wms pomfret e v Windsor ld ves Wortley v Birkhead ves  atk but the rule be only applicable to mere equity black v Hungerford pre Ch  if therefore a subsequent encumbrancer in order to protect himself against  mesne encumbrance obtain a conveyance of the legal estate equity will not  deprive he of his legal advantage unless at the brown er p time he lend his  money he have notice of the mesne encumbrance or obtain the conveyance of the  legal estate after the decree for though the second or mesne encumbrance be  prior to the subsequent encumbrance in point of time yet it furnish a mere  equal equity with the subsequent encumbrancer who have by great diligence  obtain the legal estate shall be allow to retain his advantage turner v  Richmond vern Hawkins v tailor vern Morrett v pask atk matthews v Cartwright  atk Robinson v Davison I bro c r which last be a case where the three  mortgagee buy in the first mortgage pendent light see also Belchir v Renforth  post title mortgage can but if the second or mesne encumbrancer have obtain a  decree for a account a subsequent encumbrancer can by bring in the first  encumbrance defeat the effect of such decree Wortley v Birkhead atk vern Eq  can ab can by the name of Bristol e v Hungerford sir William Bassett be seize  in fee of several real estate in the county of Somerset and indebt to several  person by mortgage judgement and otherwise make his will date the brown that  of September and thereby devise all his estate to sir Edward Hungerford knight  and John hill Esq in trust to be sell for the payment of his debt and legacy  and if there shall remain any surplus he declare it be to be deem part of his  personal estate after the testator death several controversy arise among his  creditor concern the priority of their respective security and in consequence  of these dispute two several suit be institute in the court of chancery by  different class of the creditor in one of they the earl and countess of  Bristol be plaintiff against sir Edward Hungerford and other defendant and in  the other Christopher spark and other be plaintiff against the earl and  countess of Bristol and other defendant on the d of July both these cause be  hear at the roll when it be inter alian decree that the master shall take a  account of what be due to the several mortgagee for principal interest and  cost discount what they have receive and that sir William bassett real estate  shall be sell to the best purchaser and that the money arise by such sale  together with what shall be remain of his personal estate shall be in the  first place apply to pay the earl all and countess of Bristol and then the  other creditor by mortgage their principal interest and cost and in the next  place the judgement and statute creditor then the bind creditor after that the  simple contract creditor and last of all the legatee and the master be to  ascertain what be due to such creditor respective who be to come in before he  and prove their debt and be examine upon interrogatory touch the same under  this decree the appellant and other judgement creditor come in before the  master and prove their debt the amount whereof be ascertain by his report of  the that of April the real estate be also sell for pound but turn out  insufficient to satisfy all the mortgage and judgement creditor the appellant  therefore who judgement be prior to several of the mortgage apprehend  themselves injure by the decree in respect to the preference thereby give to  the creditor on mortgage appeal insist I Brockett that they ought to be pay  their several debt accord to the due course of law and equity and that their  security by judgement do in law affect the real estate and the trust thereof  from the several day on which such judgement be sign without the aid of the  will and therefore ought to take place accord to their respective priorities  as well on equity of redemption as on legal estate and more especial in  preference to mortgage which be not in be when those judgement be sign and  which can not therefore take from the appellant any security that be before  legal or equitable vest in they or render their judgement in any degree brown  less effectual than they be at the respective time of sign the same on the  other side it be say t Swinburne that the equity of redemption of the testator  estate be actual mortgage without notice of the judgement and before the same  be extend and that therefore those mortgage ought to be brown er p satisfy  before they that in a court of equity judgement creditor can only compel the  sale of a estate of inheritance for their satisfaction and if that estate  happen to be in mortgage it be not reasonable that the mortgagee shall be  decree to convey to a purchaser without first receive their money that the  decree have be acquiesce in above six year and be in a great measure perform  the real estate have be sell and the great part of the purchase money pay to  several of the mortgage creditor and that if this decree shall now be reverse  the present respondent through the remissness of the appellant in not appeal  soon and by the grow interest the prior encumbrance since the decree may be in  danger of lose their just debt but after hear counsel on this appeal it be  order and adjudge that the say decree so far as it have be execute shall not  be set aside or open but as to the money remain undivided pursuant to the  decree the appellant shall be let in to a satisfaction of their debt accord to  the priority of their several security and also that the respondent shall be  at liberty to contest the appellant or any other of the creditor debt in  chancery before the master by who the account be direct to be take if they  shall think fit and so far the say decree be to be reverse and open jour vol p