case edward tongue and other appellant ralph Robinson and others Mr peace  William and the several other reporter of this case have take it up subsequent  to the determination of the present appeal respondent d march Mews dig way  explain in Westfaling v Westfaling atk see also bankruptcy Act Vict c S two a  advowson descend to a heir be real asset and may be sell for the payment of  debt John tongue clerk rector of Brancepeth in the county of Durham be indebt  to the respondent and several other person by judgement bind and simple  contract in great sum of money in July die intestate and without issue seize  in fee of a real estate of about per and and of the trust or equitable  interest of the perpetual advowson of the rectory of Brancepeth of the yearly  value of and possess of a small personal estate after the death of John tongue  administration be grant to William do one of his creditor and in Michaelmas  term the respondent on behalf of themselves and other the creditor of John  tongue exhibit their bill in the court of chancery against the appellant and  against Margaret tongue the intestates widow William do the administrator  Robert Richardson in who the legal estate of the advowson be vest and James  car and Ann his wife mortgagee brown er p of part of the real estate of the  intestate pray a discovery and account of the real and personal estate of the  intestate and that the defendant may set forth what title they have or claim  to any part of the real estate and that all the say real estate may be sell  and the money apply for payment of the just debt of the say John tongue to  this bill the several defendant put in their answer and the appellant by their  answer set forth the case with respect to the advowson of the rectory of  Brancepeth to be as follow videlicet that William Fenwick and Thomas Swinborne  esquire be seize in fee of the say advowson in the year contract with John  tongue for the absolute sale thereof for but he not have the purchase money  ready borrow the same of Robert fairbeard esquire and it be thereupon to save  expense in conveyance agree that Fenwick and Swinborne shall convey the say  advowson to fairbeard and his heir as a security in the first brown place for  repayment of the say with interest and subject thereto in trust for John  tongue and his heir that by deed enrol date the that of February make between  Fenwick and Swinborne of the first part fairbeard of the second part and John  tongue of the three part Fenwick and Swinborne in consideration of by the  direction of John tongue grant and convey the say advowson unto Robert  fairbeard and his heir in which deed be contain a proviso and covenant from  fairbeard to tongue that upon payment of with interest fairbeard and his heir  will convey the advowson to tongue and his heir that tongue in his lifetime  pay the and all interest for the same but that fairbeard die without convey  the advowson to he whereby the legal estate thereof descend to Robert  Richardson as nephew and heir at law of fairbeard that John tongue die  intestate without issue in July and before Richardson have convey the legal  estate of the advowson to he and that by his death the say advowson or the  right and interest which tongue have therein descend and come to the appellant  Edward tongue as his brother and heir at law that John tongue be incumbent of  the say church of Brancepeth the same by his death become vacant and thereupon  the appellant Edward tongue present the other appellant William Wekett his  clerk thereto who be thereupon duly admit institute and induct and that the  appellant Edward tongue afterward by indenture date the that of November for  the consideration therein mention convey the say advowson to the appellant  Wekett and his heir to his and their own use after have thus state the fact of  the case the appellant Edward tongue insist that the advowson be not asset  liable to pay the respondent demand and that he ought not to be compel to join  in the sale thereof for the benefit of his brother creditor or to direct the  other defendant Richardson so to do and the appellant Wekett insist on enjoy  the same accord to the conveyance make thereof to he by the other appellant  the appellant Edward tongue also insist that his brother John tongue real  estate be charge with a annuity or rentcharge of per and Payable half yearly  to the say Edward and Susannah his wife and the survivor of they clear of all  deduction during their life and the life of the survivor of they and that  there be then due and in arrear for the say annuity S the defendant Richardson  by his answer allege that the advowson be convey by William Fenwick and Thomas  Swinborne to Robert fairbeard and his heir subject to a condition that if John  tongue shall pay fairbeard l S at the time mention in the conveyance that then  fairbeard shall convey the advowson to John tongue and his heir but that this  condition be never perform by tongue and that fairbeard be dead the advowson  vest in the defendant Richardson and his heir as heir to fairbeard the  defendant Margaret tongue by her answer insist that she be entitle to dower  out of her husband real estate and brown the defendant car and his wife by  their answer insist on a mortgage from the intestate of part of his real  estate for secure l and interest the cause be at issue come on to be hear  before the Lord chancellor king on the that of November when his lordship be  please to order and decree that it shall be refer to one of the master of the  court to take a account of brown er p what be due to the respondent and the  other creditor of the intestate John tongue and upon what particular security  and the nature of their several debt and also to take a account of the  intestate personal estate which be to be pay to the creditor in a course of  administration and it be further order and decree that the master shall  inquirer into the real asset either in law or equity of the say John tongue  and that in take of that account the say advowson shall be consider as real  asset and shall be sell to the best purchase to be allow of by the master and  that all proper party shall join in the sale thereof as the master shall  direct and the money arise by such sale be to be pay to the judgement creditor  accord to the priority of their judgement and then equal among the bind  creditor and this decree be to be bind on the defendant Richardson who make  default and do not appear unless he shall show cause to the contrary from so  much of this decree as relate to the advowson the appellant appeal and on  their behalf it be insist p York n fazakerley that the advowson be not asset  at law or at all liable to the demand of any of the creditor of John tongue  because at law no inheritance be liable to any execution that be not capable  of raise some profit towards satisfaction of the debt which a advowson be not  that therefore the advowson in this case ought not to have be adjudge asset in  a court of equity and especial where the bill be no more than in the nature of  several action of debt upon bind bring into one cause to prevent a  multiplicity of suit for in case of this kind equity follow the law and can  make no trust estate asset for the payment of debt which will not have be  asset at commonlaw if the legal interest thereof have be in the intestate  since the same rule of property ought to prevail in both on the other side it  be contend c Talbot t Lutwyche that at the commonlaw a advowson in fee be a  hereditament descendible to the heir valuable in itself and saleable and even  capable if necessary of have a annual value put upon it and be therefore legal  asset in the hand of a heir that the present case be the strong in regard the  legal estate in the advowson be not in the intestate at the time of his death  but in the heir at law of fairbeard and consequent the equitable inheritance  only descend to the appellant Edward as the intestate heir at law and become  equitable asset in his hand governable by the rule of equity that this be a  case between creditor who be always favour in a court of equity and the  appellant Wekett as claim the advowson under a voluntary conveyance from the  appellant tongue and that the creditor will in all event be great loser for  brown even include the value of the advowson there will be a great deficiency  of asset