case errington against dr Howard and other rector entitle to a annual stipend  in lieu of tithe assign it by way of mortgage afterward a creditor of the  rector obtain judgement and in the regular course sequestration of the stipend  hold the mortgagee shall be prefer without prejudice to sum receive by  judgement creditor before he have notice of the mortgage lib Reg a foe at the  roll saint July by a act of parliament the rector of saint George Southwark be  entitle to a stipend of pound ayear in lieu of tithe to be collect by a pound  rate not exceed d in the pound on the occupier of all land house c except of  the rector within the parish the assessment to be make and the collector to be  appoint at a meeting of the inhabitant annual on the Tuesday in easter week or  within day after defendant dr Howard be rector and have borrow several sum of  money of the plaintiff to the amount of pound give he a bind for pound part of  it and for the remainder be pound by indenture d may assign the stipend to the  plaintiff for year if Howard shall so long live upon trust after deduct the  charge of receive the same c to retain to himself a clear annuity of pound  then to pay the tax and due Chargeable on the stipend and to ambler pay the  surplus to Howard the plaintiff have afterward advance a further sum of pound  to dr Howard the premise be by a endorsement on the indenture of assignment  date that April charge with the further annuity of pound to the plaintiff the  annuity be in arrear the plaintiff give notice to the collector on that April  of the assignment and endorsement in Howard become indebt to Ann Patrick for  which he give her a bind and warrant of attorney to confess judgement in  judgement be enter upon the warrant of attorney a become facias be take out  and afterward a become facias de good Church rites and a sequestration of the  stipend be grant for payment of the debt afterward sequestrations be obtain by  defendant Lyddon and Bensons in bill by plaintiff to be pay the arrear and  grow payment of the annuity and that the bishop and the defendant the  judgement creditor may be restrain from grant or proceed under any  sequestration of the stipend for the benefit of the judgement creditor it  appear that Howard in subsequent to the judgement obtain by the defendant  confess a judgement to the plaintiff for pound and S cost and that the  plaintiff file become facias with the bishop secretary and also enter into a  agreement in write with Howard that if he will do all in his power that  plaintiff may be the next sequestrator after Patrick the plaintiff will accept  pound in full of all demand after argument at bar sir Thomas clarke master of  the roll declare that the plaintiff be entitle to receive satisfaction for the  arrear and grow payment of his annuity of pound and pound prior to Patrick  Lyddon and Benson but without prejudice to the pound ayear allow by the  ordinary for perform the cure and without prejudice to ambler any sum of money  receive by Patrick before that April be the time that notice be first give by  the plaintiff of his demand and a account be direct accord and the defendant  the judgement creditor be restrain ambler er p from proceed upon the  sequestrations take out by they until further order the bishop cost be direct  to be pay by plaintiff and he to have they over again together with his own  cost out of the stipend and no cost as between plaintiff and the other  defendant where a creditor of a clergyman have obtain a sequestration he be in  the same state as any other creditor who have take out execution and therefore  can hold property against a estate create prior to his debt white v the bishop  of Peterborough Swanst silver v bishop of Norwich ib in note and the court  will in such case appoint a receiver on the application of the person entitle  to the prior estate see the above case when a first creditor have possession  under a sequestration a second creditor who have also obtain sequestration be  entitle to a account against he and to the surplus after payment of the first  creditor demand coddrington v Welley Swanst it seem to have be question  whether a annuity charge upon a ecclesiastical benefice be not within the  provision of Elizabeth c which declare all chargings of benefice with any  pension c void see do v mere Cowp do v barber t r money v leak ib do v  somervile b c the statute EIiz be entire repeal by Geo c but that statute be  repeal by Geo c by which also part of stat of Elizabeth be repeal but not the  clause above allude to as to that clause therefore stat of Elizabeth S still  in force