The Express.
London, England, 1847-07-27 00:00:00

lab) Entelltarntr.

EQUITY COURTS.
Before the Lord Chancellor.
DVWSTOS O. PASTERSON.—MORIOAGOR AND MORT-
-OAOIIII.--Coava.—PaAcrtcs.—This was an appeal against a
decree of Vice-Chancellor Knight Bruce. The bill was filed
by two unmarried women, sisters, for redemption of a mort-
gage which they had executed to the defendant, who was
then the slither of one or both of them, to secure to him
the repaymmt of money which be had advanced to them
(as the deal stated), sad also certain law costa incurred for
them. The niedgene deed contained a power of sale of
the recdpeell property en failure of payment within a time
therein nomakagi the bill prayed, among other things, an
injunction to reetroin the defendant from selling. (It is not
material ham kr the reasons hereafter stated by the Lord
Chancellor, be melon all the allegations in the bill.)
Oa the mean hr the injunction, the parties agreed to
take a bees, reforries it to the Master to ascertain
what via dwe to the delhadont on the heads of principal,
interest, end mots of theiseetrage, the plaintiffs undertaking
to pay what sbsuld he sie hand due. The defendant's bills
of costs woes en taxation thereby considerably reduced. The
Nester aside his raped, sad the cause coming on upon that
meet wed he dimedons before Vice-Chancellor
=ilk*" Hemar by his decree directed the de-
m doled wee found due to him not only
tamelifogy sued_ property, but also to assign the
• atatheee date pidiglit, and to pay the crate of the
suit. The defendant applied 'nit that drew.—Mr.
Bothell and Mr. Hardy were heard for the appellant; Mr.
Kenyon Parker and Mr. Malice for the plelatids, the re-
spondente.—The Lord Chancellor, at the one of the arra-
meats, observed that the relation between startgagor and
mortgagee arose by contract between think mil she by the
law and practice of the court. This relation shed& bodearly
understood, as any question on the en** hi !shrew*
to the dealings of the parties mast in this country
be of greet importance: The first pude& in this
cue was how far the parties bed by their owa agreement as
to the teems el the reference to the lbehi, deputed from
the wham rubs of the wart; for them mho as be ad-
hered to sod salad ups, odds they ham been varied or
deputed from by the t of no mdse. A mort- 1
gager is bowl to pay peieipal, inters* sad eosts—all meta
properly itiestred hiespet of the menage, and the court
in bound he lapin as to the cosh, sail lo allow ow disallow
them. nondrying& le by the shinty tabs of the court
ar well entitled Is hie sues as to his prkelpd sad interest.
What the bM, wink the JIMMY.' fled, dated of trans-
actions between Yom sag the &WWI
blame harm-
" Mal for the prowl peepsest If it Weed •me different
in its ciresunsteasee hem the usual temisetioas,
the parties hal deputed hem that ease ly tho decree
taken by their ameset, sad from thM deems the mart
cannot dessate Is order to p beak to the rat►
relent tears. The decree referral It he the wake
to inquire sad assertsin what was dal to the &Weal. no
matertalthig to pay what timid be Wad dee.
The decree deported mgem respect freeing ordkeety hem,
but in so hr as it telliablett nothing special, the
course molt la takaa. The Master, by his repos=
certain snug dee to daiddeat ; and the question WIN
why a naval o
ldie greeeeliies should be Moped hare
from what we be Moped Mei" the erdlialy dews
under whit the seedipease Twirl reecho his sway, sad
the mortgagee wadi get lei the mortgaged AWN, tel he
pat in the mdse piths he seeped to it la Whit be Wei
hdore the meet..t Bet It wee argued theta"
was at 'My Mimi to motors the mete, bat sheall:ll.l4
the amelpirt debt—the object et thee Wag to Wee
west to Pay the 11•111 Pg& No salkselty wr
predated to snow lbei the atesigegee ea to be
by the were to do them -bars as
for it ia the embed
nn
the pities.
The dews was srreassee diresting the to
mita the debt, sad be wee met booed to somply. Lie the
coststhstral if lbs sat, the
ush martgesos wee entitled im Ihms. RM.
wilag the m efeaseptioa frees tba pawl
rule stated it the MI oft ihre mimosa% the seen bed
now notbiag to de, es there wee seehleet beim it by whirl
any dosidea Neal be mete to le Sea The MAW'