case wear versus Danvers at the roll executor in equity as well as at law may  prefer any creditor in equal degree or after a action at law bring by one  creditor may confess judgement to another the plaintiff be a simplecontract  creditor of I S the testator for pound for good sell and deliver and file his  original against the defendant the executor in order to recover his debt and  there be several other simplecontract creditor they offer the plaintiff to  come in for his proportion of his debt with the other simple contract creditor  but the plaintiff have first file his original insist upon be pay his whole  debt in preference to the rest upon which the executor and other  simplecontract creditor enter into article agree that first the executor shall  be pay his debt and in the next place that all peer William the other  simplecontract creditor shall equal share the asset betwixt they exclusive of  the plaintiff and in order to bar the plaintiff at law the executor give  judgement in the several quantum meruits bring by the other simplecontract  creditor for the several sum of money which be lie as the damage in the  declaration without ascertain the damage by writ of enquiry but care be take  that those damage lie in several declaration shall not exceed the real debt  and on a bill bring by the simplecontract creditor who be thus exclude by the  article between the defendant the executor and the other creditor and all this  matter be disclose by the answer saint it be agree that both in law and equity  a executor may retain for his whole debt when in equal degree next it be  insist upon by Mr Vernon that as a executor may prefer himself so may he  prefer any other creditor in equal degree peer William er p it be true after  the commencement of a action a executor can not pay another creditor before  such other creditor have recover judgement but still the executor be at  liberty to confess such judgement as he have do here and he may do it in such  manner as here be do videlicet by confess judgement for the damage lie in the  declaration and if this be for more than the just debt the plaintiff at law  may reply that such judgement be not pro yes et justice debt is owed that in  the Lord orford case Darston v earl of Orford pre Charles and post Vol III  note f Colles p c in the house of lord upon a appeal from a decree in chancery  it be adjudge that a peer William executor in case of legal asset may give  judgement to any one creditor in preference to another and that though in the  case of Joseph and mott pre Charles it be decree that a executor pen a action  at law or bill in equity can not confess a judgement to another yet that case  be cite in this of Lord orford in the house of lord but do not prevail and  that Lord orford case have settle this point that beside the authority above  mention the reason of the thing be very strong videlicet thatwherever a  creditor can gain a advantage at law equity shall not deprive he of it for all  creditor have but a equal equity and therefore where one of they have get a  advantage at law he ought to keep it to watch jura to come to help cur if the  plaintiff desire it will send it to the master to see whether the judgement  confess to the other creditor be for more than their real debt but in this  case the plaintiff not think it worth his while the court dismiss the bill  without cost it be so hard a case but afterward on consideration the master of  the roll give cost and the decree on appeal be affirm by the Lord chancellor  so morris v bank of England can tempt Talb Maltby v Russel si stuff and see  pea v Naylor t r prince v Nicholson marsh Fonb Eq