case orlebar versus fletcher and the duke OF ken at the roll Eq can ab pl a  trader seize of land in fee give judgement to b and then sell the land to c  and afterward become a bankrupt though the judgement creditor can come in for  more than his proportion with the bankrupt creditor whether he may not extend  the land in c the purchaser hand c have purchase before the bankruptcy and  this not prejudice the creditor so if a the trader give judgement to b and  article for a valuable consideration to sell to c and then become a bankrupt  it seem the judgement shall bind the land in the hand of c who article to buy  they but whatever money the purchaser be to pay the bankrupt the same shall be  liable to the bankruptcy sloper v fish v b in February the defendant Fletcher  be seize in fee of some land in Bedfordshire borrow peer William pound of the  plaintiff orlebar one of the master in chancery on a judgement afterward  videlicet August the defendant Fletcher article with the other defendant the  duke of ken to sell the premise to the duke in consideration of pound to be  pay down and pound to be pay at Christmas then next the duke to be let into  possession at Michaelmas subsequent to which transaction the peer William er p  defendant Fletcher become a bankrupt the plaintiff Mr orlebar bring his bill  against the duke of ken Fletcher the bankrupt and the assignee under the  commission pray that the pound remain in the duke of ken hand may be pay to  the plaintiff towards satisfaction of his judgement upon the open of the cause  the master of the roll observe that by the statute of James cap sect it be  provide that creditor by judgement statute or cc recognizance whereof no  extent be serve or execute on a bankrupt before his bankruptcy shall not be  relieve for more than a rateable part of their just debt to which I reply that  the word shall not be relieve for more g import only that they shall not have  relief upon the commission see sir George Newland and Beckley v ante but if  they can extend the defendant land they be to be leave at liberty that the  statute only restrain the judgement creditor from proceed against the personal  estate of the bankrupt but as to the real estate upon which the judgement be a  actual and vest lie it can never have be the intention of the parliament to  divest a creditor of this right beside the other word of the statute without  regard have to the penalty may intend this clause to be satisfy by relieve  against the penalty peer William however the court interrupt I while I be  speak to this point and say this be attempt to disturb what be already settle  that it have be determine at law that where a judgement be not serve or  execute the cognizee thereof shall only come in pro rata with the other  creditor of the bankrupt then I urge that these article by Fletcher before his  bankruptcy to sell the land to the duke of ken especial when the duke have pay  the great part of the purchase money and be in possession be as a sale in  equity that if a trader seize of land in fee shall confess a judgement to a  and then sell the land to b and afterward become a bankrupt though a the  judgement creditor can not come in upon the bankrupt estate for any more than  his proportion with the other creditor yet he will be at liberty to extend his  judgement against the purchaser who buy the land prior to the bankruptcy which  seem to be admit but in the principal case the court say that the duke of ken  can not be deem a purchaser until he have pay the pound which remain in the  duke be hand be part of the personal estate of the bankrupt and must be liable  to his creditor that the duke be not to be compel to pay it unless upon his  have a good title which be to be make he by the assignee of the commission of  bankruptcy who have the legal estate of the premise assign to they by the  commissioner wherefore per cur let the assignee convey the premise in fee to  the duke of ken in the same manner as the bankrupt have article to do they  stand in his place and in consideration of this let his grace pay the pound  the remainder peer William of his purchase money to the assignee for the  benefit of the creditor and as to the plaintiff Mr orlebar the judgement  creditor he must come in for a proportion only with the rest of they Reg lib b  fol a bare order of dismissal upon hear the plead open and the stat of James I  read