The second part of Reports of cases taken and adjudged in the court of Chancery, from the 20th year of King Charles II. to the first year of Their present Majesties, King William and Queen Mary Being special cases, and most of them decreed with the assistance of the judges, and all of them referring to the register books, wherein are setled several points of equity, law and practice. To which is added, the late great case between the Dutchess of Albemarle and the Earle of Bathe.
England and Wales. Court of Chancery.
Windham contra Jennings, 34 Car. 2. fo. 776.
THat Sir George Crook Mortgaged Lands in 28 Car. 2.* to the Defendant for 2000 l. and died, and the Plaintiff being his Heir prays a Redemption.
But the Defendant insists, That the said Sir George Crook before the Mortgage bor∣rowed of the Defendant 300 l. on Bond, (viz.) in 1672, and the Defendant insists, it was agreed to be secured also by the said Mortgage, but the Plaintiff is not wil∣ling to pay that; only will redeem the Mortgage.
This Court decreed, the Plaintiff to pay to the Defendant both the 2000 l. and the 300 l. and then the Plaintiff to re∣deem.
