case wilshaw against smith in chancery Trinity term on a tender to redeem a  mortgage the mortgagee be entitle to have a reasonable time to peruse the  assignment bill to redeem a mortgage estate upon payment of principal and  interest down to a certain day only the premise be mortgage to the defendant  for three hundred pound the plaintiff give notice in write that he will pay it  off and come to the defendant house with the money agreeable to the notice the  plaintiff bring a assignment of the mortgage in his bosom which the defendant  refuse to execute upon which the money be carry back again the question be  whether this be such a refusal in the mortgagee as shall stop his title to  interest and consequent the cost of this suit for the defendant a refusal to  stop interest must always be a absolute refusal and not a conditional one this  be only conditional for the defendant refuse to execute the assignment if the  plaintiff will not let he have time to peruse it by himself and counsel this  be a reasonable request and for a person to execute a deed without have it  examine by somebody who understand it be something too hard for this court to  require and therefore this will not be look upon as a proper tender to stop  interest beside the plaintiff have lie by for near two year since the refusal  and this delay show his acquiescence under the reason which be then give for  the plaintiff the time then before fill the bill be but a year and a quarter  and no interest pay in the mean time so that nothing have be do by the  plaintiff to waive any right or privilege that be may claim on account of the  tender and as a modern report tender be make it be their business to have come  first into this court our witness deny that the mortgagee desire time to  peruse the assignment or that the plaintiff refuse he the liberty of do so and  the mortgagee be not to put the mortgagor to the expense of bring a bill into  this court to have a redemption Hardwicke Lord chancellor I have hardly ever  see a cause of this sort where bill S have be bring to redeem upon suggestion  of a tender that have be for the benefit of either of the party such suit be  general work up by some troublesome practitioner who have a mind to have a  cause some country attorney who first persuade the party to make a tender and  then if the least dispute arise a bill be bring into this court to redeem  without payment of interest but there be very modern report er p few of these  instance wherein the court decree the interest to be stop nor shall I do it in  the present case for in the first place the tender be not strict a legal one  but as nothing have be object to it by the defendant I shall lie no stress  upon that as to the assignment there be no doubt but the defendant have a  right to insist upon its be peruse by somebody who understand it a man be not  oblige to execute a deed before he have time to consider of it the plaintiff  if he have a mind the whole business shall be transact at that time ought to  have send a draft of the assignment some time before and as he have not do so  the defendant request that it shall be leave in his custody be very reasonable  and if the plaintiff have comply with this be may himself have appoint the day  for payment afterward and then upon the defendant refusal a second time he  will have be regular in apply to this court there be a contrariety in the  evidence but I think credit ought to be give to the defendant the plaintiff  witness swear that the defendant absolute refuse to take the money the  defendant agree that he refuse but for what reason because he will take  further time to consider of and peruse the deed this be go further and seem to  be more fair than the plaintiff evidence beside this be corroborate by what  they say afterward and which be not deny by the plaintiff that he go up stair  to fetch the mortgagedeeds and be ready to receive his money till this dispute  arise therefore I be of opinion that the plaintiff can only redeem upon the  common term videlicet upon payment of principal interest and cost