BERRYSFORD and Millward July where a person shall lose the benefit of a  mortgage by reason of his be present at the time a settlement be make of the  estate and his not disclose it on a treaty of marriage between George  Berrysford and Eleanor his wife Thomas Berrysford his father and the father of  Eleanor have a meeting together at this meeting Millward who have a mortgage  upon the estate of Thomas Berrysford be accidental present when the two father  begin to discourse together upon this subject and talk of make a settlement of  that estate upon which Millward have a mortgage Millward never mention to the  father of Eleanor that he have such a mortgage but call Thomas Berrysford out  and remind he of his have such a mortgage upon his estate upon this as Thomas  Berrysford swear Millward consent private with he that he may settle this  estate and that Millward will take the personal security of Thomas Berrysford  for the payment of the mortgage money thereupon Millward and Berrysford return  into the room and a agreement be enter into in the presence of Millward  between the two parent that this Barnardiston er p estate shall be settle upon  George Berrysford the intend husband for life Barnardiston remainder to  Eleanor for life the remainder to the first and other son of that marriage in  tail the remainder to any other son that George shall have of any other wife  the remainder to Thomas in fee Inpursuance of this treaty the marriage take  effect in in Millward bring a ejectment to recover the possession of this  estate as mortgagee and thereupon the present bill be bring by George  Berrysford and Eleanor his wife against Millward and against Thomas Berrysford  in order to have a perpetual injunction to this bill Millward by his answer do  admit his be accidental present at this meeting he admit likewise the  discourse be make in his presence about settle this estate and his not  discover to the father of Eleanor that he have such a mortgage upon it and  likewise he admit his take Thomas Berrysford out of the room and remind he of  his mortgage but seem not to remember any thing about the agreement between he  and Berrysford to take his personal security for the money Thomas Berrysford  the defendant be examine as a witness in this Cause on the part of the  plaintiff and be examine as a witness for Millward and he swear that Millward  do agree with he to take his personal security for the money Lord chancellor  say his opinion be that the plaintiff be well entitle to a perpetual  injunction and ought to be relieve under the head of fraud he say the case be  well know which be in this court where a perpetual injunction of this kind be  grant by reason of a mortgagee engross a settlement and not discover that he  have such a mortgage upon the estate and Barnardiston yet the mortgagee in  that case be a infant at the time he ingross the deed in the present case it  be swear by Thomas Berrysford express that Millward do agree to take his  personal security for the money and that certain be the fact for these reason  his lordship say he will declare that Millward have voluntary conceal his  mortgage at the time of the treaty of marriage he be not entitle to have any  benefit from it against the plaintiff he say he will declare far that he will  make no decree over for Millward against Thomas Berrysford by reason that both  party have examine he as a witness in the Cause he say he will direct that  Millward shall assign the mortgage in trust for the benefit of the plaintiff  and the issue of that marriage but will not determine whether this mortgage be  to be consider fraudulent or not against the issue which George may have by  any other wife and will reserve the consideration of that matter he say he  will direct that Millward shall pay the cost both in law and equity and  likewise the cost of the assignment but will direct that this shall be without  prejudice to millwards bring any bill against Thomas Berrysford and so his  lordship be please to decree accord