case thompson v noel et all easy term a by article previous to his marriage  agree to vest pound in trustee the interest thereof to be receive by a and his  wife during their life and afterward to be divide between their issue and give  the trustee a warrant of attorney to confess a judgement for that sum which be  enter up accord a enter into partnership with b afterward and be indebt to the  partnership estate in more than his interest in that estate they submit the  difference between they to arbitration and part of the stock in trade be award  to be lodge in the hand of a three person any part to be deliver to either of  the party on make it appear any bind or other debt due from the partnership  have be pay by either the quantity to be deliver in proportion to the money  pay foul one of the defendant enter into article previous to his marriage in  consideration of pound pound portion to vest pound in trustee within six month  after his mark e the interest thereof to be receive by he and his wife during  their life and afterward the pound be to be equal divide between the issue of  that marriage and as a far security for the performance of this agreement give  a warrant of attorney to the trustee to confess a judgement for that sum which  be soon afterward enter up foul after that enter into a partnership in the  wine trade with one Hamilton and be atkins indebt to the partnership estate in  a large sum of money than his interest in the partnership effect or any other  property he have can satisfy the two partner submit the difference between  they to arbitration and accord a parole award be make that pipe of wine part  of the stock in trade shall be lodge in the hand of a three person one Hayward  but any part thereof to be deliver to either of the partner on produce any  bind c which have be enter into on account of the partnership pay off by the  party produce the same the quantity of wine to be deliver to be in proportion  to the money so pay off the pipe of wine be accord deposit with the consent of  Hamilton and foul in the hand of Hayward afterward a to know fa be bring on  the judgement so confess to the trustee in the marriage article and a moiety  of these pipe take in execution by a become facias as the property of foul the  bill be now bring by Hamilton who be likewise a separate creditor of foul and  twelve other creditor on the account of the partnership to set asideathis  execution and to have the value of the moiety of the pipe of wine appropriate  to the payment of the debt of these creditor suppose the pipe of wine  specifical bind by the award and the execution of it by deposit they in the  hand of Hayward accord to the award Mr fazakerley for the plaintiff take it  for grant the award with respect to the deposit of the wine be intend as a  provision for the creditor on the partnership account and as a security for  the payment of their debt insist that every award when make be consider in  point of law as the very act of the party submit to the determination of the  arbitrator and as the agreement of the party themselves and it be upon that  foot a action of debt lie against the party on the award for when a submission  be make a rule of court a attachment lie for nonperformance of the award as a  breach of his own agreement which by rule of court he have engage to perform  and that this case therefore must be consider in the same light as if the  party themselves in the first instance have without the intervention of any  arbitrator agree to make a deposit of these pipe of wine for the purpose  mention a the award that in such case the creditor though there may be no  alteration in the property make atkins er p thereby will have a equitable lie  on these wine specifical in satisfaction of their debt and as such will  prevail against any execution afterward at the suit of any other person that  the judgement creditor here the trustee mere as such have no interest in these  wine but that right must arise if at all from the become facias which can not  take place here as there be a prior equitable lie upon they that indeed atkins  where good be specifical bind in equity and a purchaser without notice c  afterward gain a legal right in they have advance his money at the time upon  the credit of those very good as such purchaser have a equal equitable lie and  the law too on his side his right will prevail but it be otherwise where the  creditor at the time his demand first accrue rely only on the personal  security and general credit of his debtor there any legal right which he  obtain afterward in any of the effect of his debtor must be subject to every  such trust or equitable lie which they be liable to in the hand of the debtor  himself and such creditor can only stand in the place of his debtor as in the  case of bankruptcy the assignee c though perhaps equal creditor with any other  who have before obtain a equitable lie on any of the bankrupt effect  specifical and have the law on their side too the property of the bankrupt  effect be vest in the assignee et they must only stand in the place of the  bankrupt and take his effect subject to all those equitable charge which they  be liable to in the hand of the bankrupt vide salk tailor v Wheeler and Eq Cas  Abr burgh v Francis Mr Noel e contra insist that the creditor have no right to  bring a bill to have this award carry into execution not be party to the  submission nor concern therein it be a matter altogether transact between foul  and Hamilton only and therefore as the creditor will not at all be conclude by  this award but at liberty still to pursue their remedy as they think proper  for the recovery of their debt there be no reason why they shall have any  benefit from this award because it happen to be in their favour he rely  likewise on the want of sufficient evidence on the part of the plaintiff to  prove the acquiescence of foul in the award or even his knowledge what the  award be and indeed the only evidence to that purpose be his apply to the  arbitrator before the award be final make to let he have part of the wine to  carry on his trade with which the arbitrator wouldnot comply with and his  agreement afterward with Hamilton to have the wine deposit in the hand of  Hayward but no evidence that he be present when the award be make nor any  other evidence that he be inform of the content of it Lord chancellor a bill  to carry a award into execution when there be no acquiescence in it by the  party to the submission or agreement by they afterward to have it execute will  certain not lie see Norton v mascall Charles Rep vern SC bishop v Webster Eq  ab vern S c but the remedy to enforce a performance of the award must be take  at law it have be say the evidence here of foul agreement to the award after  it be make be not sufficient to find a decree on but what he principal rely on  be that none of the plaintiff the creditor be party to the submission nor do  it appear that they be so much as privy at all to the transaction and  therefore atkins as they be under no obligation of abide by the award they  ought not to have the benefit of it and in read over the award which at the  time of make it be take down in write he observe it be calculate only for the  indemnity of Hamilton against the failure of foul without any regard have at  all to the creditor there be no provision make that the wine shall be sell or  otherwise employ for raise money for the payment of debt of the plaintiff that  though a agreement make between the two partner and particular creditor to  appropriate a particular part of the partnership effect for the payment of  those creditor may create a lie on those good specifical for the payment of  their debt in preference to the rest of the creditor yet a agreement of that  kind between the partner only will certain not disable any of the creditor  from pursue their remedy at law against the effect of the debtor any more than  if no such agreement have be make the bill dismiss atkins er p