case IBBOTTSON versus Rhodes may Lord keeper Eq can ab pl I pl S c a lend  money to b on mortgage but before he do so send c to inquire of d who have a  prior mortgage whether he have any encumbrance on b s estate who deny he have  any this be prove by c d by answer confess c inquire of he what money b owe he  but deny c tell he that a be about to lend b any money decree at the roll the  estate shall stand charge in the first place with a s debt but upon a appeal  issue direct to try whether c tell d that a be about to lend money on b s  estate on a appeal from the roll the case be that the defendant Rhodes have  lend money to Shipley upon a mortgage of his estate and Ibbottson be likewise  about to lend Shipley money one Gargrave examine as a witness in the cause  depose that the plaintiff be about to lend money to Shipley he by the  plaintiff direction inquire of the defendant whether he have any encumbrance  or mortgage on the estate who deny he have any and that he inquire a second  time and have the same answer Vernon chancery case er p the defendant by  answer confess that Gargrave meet he in a public market and inquire of he what  money Shipley owe he but deny that Gargrave tell he the plaintiff be about to  lend Shipley money nor do Gargrave upon his cross examination take upon he to  swear it but slide it in that the plaintiff be about to lend money to Shipley  he inquire of the defendant if he have any mortgage c and although it be  insist upon for the defendant that to take away the defendant mortgage or to  make he lose or forfeit his money it ought to be a very plain and positive  proof that the defendant industrious conceal his mortgage as design or  contrive to induce the plaintiff to lend his money upon a bad security yet  upon the evidence the master of the roll decree that the estate shall in the  first place stand charge with the plaintiff debt and that the defendant Vernon  chancery case although the first mortgagee shall be postpone for have conceal  his encumbrance vide Mocatta v Murgatroyd p wms draper all v borlace all ante  p Lord keeper direct it to be try at law whether Gargrave tell the defendant  that the plaintiff be about to lend money on shipley estate when he inquire  what the defendant debt be and also direct that upon such trial the answer  shall be admit to be read as evidence Reg lib a fol but this point of the  answer be read of evidence contra Eq can ab pl