archer on the demise OF hankey against snap the purchaser of the equity of  redemption be entitle to stay proceed in a ejectment bring by the mortgagee on  pay the mortgage debt and without pay a bind debt due by the mortgagor to the  mortgagee before the purchase and whereof the purchaser have notice SC stram a  motion have be make last term for stay the proceed in a ejectment bring upon a  mortgage on the payment of principal interest and cost and it be then refer to  the master as usual his report be now move for by solicitor general strange  and the case be report to be this Thomas pollard make a mortgage to the lessor  of the plaintiff for and afterward borrow of he and for which he give his bind  only the defendant snap afterward purchase of pollard the equity of redemption  of the mortgage land for but retain thereout and give a bind to pollard  wherein so much be recite to be due to hankey on bind for pay to pollard if he  can redeem the premise without discharge Hankeys say bonddebt and if not for  pay the money to hankey and a action bath be since bring by hankey against  pollard for the due on the bind and a judgement obtain therein with a to be  remiss execution Andrews upon this report it be insist by Mr solicitor for the  lessor of the plaintiff that the proceed ought not to be stay without  Polaroids pay as well the bonddebt as the mortgagemoney it be a establish  maxim that where a person apply for equity he must do it and the assignee of  the equity of redemption stand on the same foot with the original mortgagor  especial as he have here previous notice of the bonddebt and also take a  security on that account by retain the money in his hand Abr can Eq vern on  the other side it be argue by sir Thomas Abney and Mr Barnardiston and they  cite Abr can Eq and wood on the demise of Cowhurst and Mortimer and other hill  g in this court one Millward there mortgage a copyhold estate to the lessor of  the plaintiff and afterward take up of he a further sum upon bind and a motion  be make and a rule grant for stay the proceed in ejectment and deliver the  evidence to the heir of the mortgagor on his payment of the mortgagemoney and  cost and in the principal case it be resolve by the whole court that where a  estate be mortgage and afterward money take up by the same person on bind the  mortgagor be not oblige upon such a application as the present to pay the  bonddebt because in his band it be do lie on the land as a judgement be for if  he be by the same reason he will be oblige to pay even simplecontract debt but  in such case the heir be oblige to discharge the bonddebt as well as the money  due on the mortgage in order to prevent circuity of action and so it be where  several sum be lend on security of a like nature as first upon personal pledge  and afterward on a note accord to the case cite out of Vernon report because  in this case the executor be in the same situation as the heir in the other in  this case the purchaser be in the same condition as the original Andrews  mortgagor will have be if no purchase have be make as he have notice of the  bonddebt but then as the mortgagor himself will not be liable to the bonddebt  the purchaser can be so and his retainer of the money and give the bind make  no difference the bind be give conditional and find on the very question now  in agitation and consequent not Andrews er p fraudulent otherwise perhaps it  will be if the retainer have be general for pay the bonddebt because then it  may be consider as part of the agreement that the money shall be apply in  discharge of the bind lee c j also say that before the statute this court  exercise this discretionary power as well in the case of a mortgage as of a  forfeiture for nonpayment of rend in both of which case the court accord to  the rule of equity do stay the party from proceed at law by compel hill to  take the money real due to he