atkins case he versus dodd march see Wormald v Maitland l I Ch Rolland v heart  lr Ch lee v Clutton l I Ch barn Charles SC the plaintiff a judgement creditor  upon a estate in Middlesex pray to be let in upon it preferable to the  defendant a mortgagee of the same estate on a suggestion he have notice of the  judgement before the mortgage be execute the judgement be enter on the that of  march but not register till the that of June the mortgage be make the that of  may and register June the d there be only a defendant confession of notice  prove in direct contradiction to his answer and contrary to a positive act of  parliament make to prevent perjury Lord Hardwicke decree so far as the bill  seek to postpone the defendant mortgage it shall be dismiss with cost the bill  be bring by a judgement creditor to be let in upon a estate of one proof and  his wife in Middlesex preferable to the defendant who be a mortgagee of the  same estate upon a suggestion that the defendant have notice of the judgement  before the mortgage be execute and likewise to inquire into the consideration  of the mortgage the judgement be enter upon the that of march but not register  till the that of June the mortgage be make the that of may and register June  the d Lord chancellor this case depend upon the notice the defendant bad of  the judgement before his mortgage be register the register act the that of Ann  c be notice to the party and a notice to every body send vide Morecock v  dickens Amb and the meaning of this statute be to prevent parole proof of  notice or not notice but notwithstanding there be case where this court have  break in upon this though one encumbrance be register before another but it be  in case of fraud the first be a Irish case in the house of lord Forbes v  Deniston Ves SC post vol SC bro p c bro p c and ed the next be a Yorkshire  cause before Lord chancellor king blade v blade Eq ab pl SC post vol S c there  may possible have be case upon notice divest of fraud but then the proof must  b extreme clear but though in the present case there be strong circumstance of  notice before the execution of the mortgage yet upon mere suspicion only I  will not overturn a positive law the first evidence be Elizabeth your but I  can lie any great stress upon her deposition it be only a account of a  conversation at the devil tavern where the plaintiff be present with atkins  Dodd and Burton the agent of Dodd the next be Thomas price who swear that the  plaintiff tell Burton he know of this judgement before dodd mortgage and that  defendant Dodd do not deny what the plaintiff say to Burton but then be do not  swear that Dodd hear what the plaintiff say the most material evidence be  Sarah your who be present with the plaintiff Burton and Dodd on the that of  June at a meeting in order to adjust all matter in difference between they she  swear that the plaintiff then charge Dodd with notice of the judgement prior  to the execution of the mortgage and that Dodd answer it be true he know of  the judgement but that he know at the same time it be not register and what  were act of parliament for unless they be effectual observe undoubted this be  a material evidence but then it be only one witness against the answer of the  defendant Watton v Hobbs ante it be true his answer be very lose by refer from  one answer to another but in the last he swear to his belief that he do not  know of the judgement till after the mortgage be execute so that here be bare  the evidence of a defendant confession in contradiction to his answer and  contrary to a positive act of parliament make to prevent any temptation to  perjury from contrariety of evidence some stress have be lie upon Burton be a  agent of Dodd and likewise the solicitor in the cause of your and proof but as  this suit be two year before dodd mortgage it will not affect Dodd with notice  atkins er p but what weigh principal with I be the great danger of overturn a  act of parliament and make it mere waste paper to be sure apparent fraud or  clear and undoubted notice will be a proper ground of relief blade v blade Eq  ab pl Cheval v Nichols stram Le neve v Le neve post vol Sheldon v Cox Amb Cowp  but suspicion of notice though a strong suspicion not sufficient to justify  the court in break in upon a act of parliament his lordship therefore decree  so far as the plaintiff bill seek relief by neglect the defendant dodd  mortgage to the plaintiff judgement that it be dismiss without cost but be  doubIful as to the consideration of the mortgage he refer it to a master to  take a account of what be just and good fide due to the defendant Dodd before  and at the time the mortgage be execute atkins but will not direct the inquiry  as to the sum of money pretend to be advance by he after the mortgage because  there be no positive evidence as to sum advance afterward but only hearsay and  information from the defendant Dodd that such a one hear he say and another be  inform by he that he pay part of the consideration after the mortgage be  execute