Turner contra Crane, 34 Car. 2. fo. 668.

THat Robert Newell and his Wife,* for 220 l. paid by the Plaintiffs Wife Susan, then a Widow, did Surrender the Copyhold Premisses to the use of the said Susan and her Heirs, on condition that the said Robert Newell and his Wife's pay∣ing to the said Susan, her Executors and Assigns 230 l. in March next, after, then the Mortgage to be void, and the Mony not being paid, the said Susan was admit∣ted to the premisses, and afterwards Mar∣ryed the Plaintiff, and they received the profits of the premisses; and afterwards Susan died Intestate, no ways indebted, leaving Susan her Daughter by the Plain∣tiff, her Heir an Infant, and the said Susan the Infant was admitted by the Plaintiff her Guardian,* as Heir to Susan the Mo∣ther, who received the profits, and died, leaving the Defendant Jane Crane her Aunt as Heir, and she was admitted, and the Plaintiff on Susan the Daughters death, took Administration of Susan the Mothers Estate, and claims the Mortgaged Lands, insisting, That though the Defendant Jane Page  243was Heir to Susan the Daughter, who was Heir to Susan the Mother, yet the premis∣ses being a Mortgage, belonged to him as Administrator to Susan the Mother.

This Court would consider of this Case, and of Cases of Mortgages in Fee, where no Covenant is made for the payment of the Mortgage-Mony to the Executor or Administrator, and no debts owing by the Mortgagee, whether the Heir or Ad∣ministrator of the Mortgagee shall have the Lands.

This Court upon reading Presidents declared,* That he was fully satisfied that the Plaintiff as Administrator to the said Susan ought not to have the mortgaged premisses from the Defendant Jane Crane, the Heir of the Heir of the said Mortgagee, but the said Jane ought to enjoy the same, and dismist the Plaintiffs Bill.