case davy versus barber January where a purchaser have a advantage by the drop  in of life the court will direct a inquiry what interest be proper to be pay  by he on that account vide ex part man p W Blount v Blount post vol sir George  Carey and Mr William Carey have several estate in the west of England which be  very much encumber on the death of sir George his estate of end to William  William die and Mr barber marry his heir at law who by that mean become  entitle to both these estate and have likewise a considerable mortgage upon  they which be prior to any of the encumbrance in three bill be bring by Mr  Davy and other who be creditor of sir George and of William against barber in  order to have a satisfaction out of these estate under a decree for sale of  these estate Mr Philips bid pound and in be confirm the best purchaser at that  sum Mr Phillips be desirous of be let into possession in pursuance of his  purchase but Mr barber have continue in possession to this time as mortgagee  and it be but late that his mortgage be satisfy by reason of this delay  several lifehold estate be drop in and by that reason the estate which Mr  Philips buy be now worth pound more than they be at the time he be confirm the  best purchaser atkins Mr Philips petition to be let into possession and Mr  barber and the creditor pray that the bid may be open Mr Philips and Mr barber  come to a agreement in court that Mr Philips shall pay Mr barber pound more  than the purchase money and in consideration thereof Mr Phillips shall be let  into possession Lord chancellor I be of opinion that the proper direction will  be that the pound atkins er p be add to the sum of pound which Mr Philips in  the name of Mr hamlyn have before bid for the estate in question and that Mr  barber mortgage be pay in the first place and thereupon he must assign his  mortgage to trustee to be approve of by the master in trust to attend the  inheritance purchase b Mr hamlyn that such deed as relate to other estate as  well as the purchase estate ought to be lodge in the hand of the master for  the benefit of all party subject to further order and Mr hamlyn to be at  liberty to take copy of they and the residue of the money to be aced out in  the bank to the credit of the accountant general and thereupon Mr hamlyn to be  let into possession in the west of England estate be constant let out upon  life and small conventionary rend reserve but the chief profit arise from the  drop in of life which be not consider as accidental but as part of the annual  profit of the estate from when the report be absolute confirm neither Mr  hamlyn nor Mr Philips have be let into possession but have be obstruct by Mr  barber who seem to have have some ground for it on account of a large mortgage  on these estate prior to any body and it be but reasonable that he shall be  satisfy however the estate be worth a great deal more by the drop in of life  than it be at the time the master report be confirm the question then be who  be to have this advantage or what recompense be to be make for it now as to  that when purchase of this nature be make under private contract between  particular person there be no great difficulty in the matter for then a time  be general fix for payment of the purchase money and if the purchaser do not  pay the money then he will be Chargeable with interest and as he must bear any  loss which happen in the estate white v nute p wms so likewise will he be  entitle to any profit which arise from it beside it be in the breast of the  court whether they will decree atkins the contract to be specifical carry into  execution when any extraordinary advantage arise by a accident of this nature  and in other kind of case the court have consider bid a good deal under their  discretion so that if they think proper they may leave the party to his remedy  at law but the present case be of a different nature be a bid under a decree  of this court and upon which this court must final make a determination the  purchaser here have plain a considerable advantage by the drop in of life and  have it not be for the agreement now make between Mr barber and Mr hamlyn I  shall have incline to direct a inquiry what interest be proper to be pay by  the purchaser for if the court be not to give such direction there will be a  manifest injustice but in consideration of Mr Hamlyns agree in court to pay  pound more I do think he be entitle to the advantage arise from the drop in of  life his lordship by consent of the petitioner barber and hamlyn both present  in court do order that the sum of pound be add to the say sum of pound be the  purchase money at which Philips and hamlyn be report best purchaser Reg lib a  fol it seem that bid may be open on special circumstance after the master  report be confirm absolute vide Watson v birch bro Charles Rep and the case  there cite