case SOLLEY versus gower Lord chancellor loveliness die maii Eq can ab h pl S  c a equity of redemption of a mortgage in fee be not asset at law but be so in  equity and if alien or release by the heir he shall be answerable for the  value legal asset shall be apply in a course of administration but equitable  asset among all the creditor proportionable after a bill bring by creditor  against the executor and the rest of the creditor the executor can by confess  a judgement or suffer judgement to go by default prefer one creditor before  another Surrey v Smalley ante vol whether a heir be a creditor by bind or  judgement may retain as well as the executor may per cur the equity of  redemption of a inheritance be not asset at law because the estate be forfeit  there be a entry of a cause of this name in the register book d may but the  point in the print report do not occur Reg lib b fol vide coal v warden ante  Vol Baden v earl of Pembroke ante but the heir have a right in equity that  Vernon chancery case ought in equity to be liable to satisfy a bonddebt and if  the heir bath alien or release his equity of redemption to prevent the  creditor of the satisfaction of their debt this court will follow the money in  the hand of the heir or his executor where creditor be plaintiff the usual  decree be that the debt shall be pay in course of administration but that be  to be intend of legal asset and not of asset in equity that be not asset at  law and in the case of Parker and do you Ch can where creditor come with a  bill and make the executor and all the rest of the creditor party the executor  shall not have power by the confess of a judgement or by suffer judgement to  pass by default after the bill exhibit to prefer one creditor before another  but there all the creditor in equal degree shall be pay in proportion vide  Harding v edge ante Vol and case cite in note there where a heir by bind or  judgement be a creditor Qure if he shall not retain Vernon chancery case er p  the reason be the same in the case of a heir as it be of a executor for  neither can sue himself vide Hopton v Dryden pre Ch but a executor of a  executor can retain per Lord keeper ibidem