case horsey case Lord chancellor king Eq can Abr pl pl Fitzgib on a joint  commission against two partner bankrupt the separate creditor though they have  take out separate commission shall yet be at liberty to come in to oppose the  allow of the certificate where two partner be bankrupt and a joint commission  be take out against they if they obtain a allowance of their certificate this  will bar as well their separate as their joint creditor on a joint commission  the joint creditor be first to come in on the partnership effect and if there  remain a surplus then the separate creditor be to be admit a and b joint  partner in trade become bankrupt and the joint creditor take out a commission  of bankruptcy against they and the separate creditor of a and b take out  separate commission against they respective and now the separate creditor  though they have sue out separate commission yet petition the Lord chancellor  to be admit upon the joint commission to come in as creditor to prove their  debt insist that unless they shall prove their debt on the joint commission  they can not oppose the allow this certificate and yet if a and b the bankrupt  shall have their certificate allow though on such joint commission this will  discharge all their debt as well separate as joint and that it will be a most  unreasonable thing for creditor to be bind by that certificate which they have  no opportunity of oppose whereas peer William though they shall be suffer to  come in as creditor to prove their debt in order to oppose the allowance of  the certificate it may still be another question how far they shall be entitle  to a satisfaction on the joint Commission and they cite the case of one  Stevens Jan that where a petition of this kind be grant on the other side the  principal case be say to differ from that of Stevens because here the separate  creditor have take out separate commission which have not be do in the case  cite and by their take out such commission have elect to have their  satisfaction out of the separate estate and effect of each bankrupt and though  it be so that the person of the bankrupt shall be discharge by the allowance  of their certificate on the joint commission as it be most reasonable they  shall when they have give up all they have in the world yet their effect will  not be discharge thereby but the legal property thereof will be vest and  continue vest in the assignee Lord chancellor it seem that the separate debt  will be discharge by the allowance of the certificate on the joint commission  and if so what remedy peer William can there then be for they it be plain that  the joint effect of a and b partner be liable to the debt or bankruptcy of one  of the partner as to a moiety of these effect as if a and b be jointtenants of  a term for year and I S have a judgement against a only yet a moiety of the  term may be take in execution on such judgement but I be not as yet resolve  what to do in the principal case which must be adjourn over in order to see  precedent and what direction have be give in like case after which his  lordship d April order that the separate creditor shall be at liberty to  oppose the allowance of the certificate and with regard to their satisfaction  that the partnership creditor shall be prefer out of the partnership stock  before the separate creditor but that if after all the partnership creditor be  pay there peer William er p shall be a surplus then the separate creditor to  come in for a satisfaction thereout videlicet the creditor of each out of a  moiety of such surplus so on the other hand if there be two partner and one of  they become a bankrupt and on a separate commission be sue out against he his  certificate be allow this do not only discharge the bankrupt of what he owe  separate but also of what he owe joint and on the partnership account because  by the act of parliament the bankrupt upon make a full discovery and obtain  his certificate be to be discharge of all his debt now the debt he owe joint  with another be equal his debt as what he owe on his separate account  consequent he be to be discharge of both his joint and separate debt and so it  have be determine by the judge of b b by the Lord chancellor Parker ex part  Yale July by the Geo c joint creditor may prove under separate commission for  the purpose of vote in the choice of assignee and assent to or dissent from  the certificate but be not to receive a dividend until the separate creditor  be pay in full vide ex part cook ante vol and mos S c wicks v strahan stram  Twiss v Massey atk c in the matter of Simpsons atk ex part Rowlandson post  hankey v Garratt bro c c see the order in bankruptcy of march that cook b l  and tailor v field Ves Ves