case shepherd versus ken vern S c Eq case Abr pl S c one devise all his real  and personal estate for payment of his debt and legacy and die a creditor  obtain judgement against the executor and then he and some other creditor who  have not obtain judgement bring their bill and have a decree for sale of the  estate and to be pay their debt in proportion the judgement creditor receive  several dividend after have prove his debt before the master then petition for  a rehear on pretence that he be a judgement creditor ought to have a  preference before the other creditor at least out of the personal estate but  the other creditor have join in the bill and contribute to the charge of the  suit and several dividend be make pursuant to the decree the court will not  alter it and hold that if any preference be to be the plaintiff ought to bring  what he receive into hotchpotch that he ought to take either all law or all  equity Mr Richard ken be great indebt to several person borrow pound of the  trustee of the earl of Kildare and give they a note under his hand that for  secure the repayment of that money with interest he will make they a mortgage  of a estate in Wiltshire which he then have late purchase of sir Edward  Hungerford but before it be do Mr ken die indebt to several person by bind and  simple contract have by his will devise a annuity of pound per and to his wife  and several other legacy and vide wms wms devise also his estate real and  personal for payment of his debt and legacy the earl of Kildare and his  trustee bring a bill against the executor and two other who be devisees and  likewise creditor of the testator to have the land mention in the note make a  security for the pound precedent in chancery and on hear of that cause it be  decree that the estate shall be sell and that out of the purchasemoney the  earl shall be pay in the first place and that then the rest of the creditor  shall be pay in a course of administration the now plaintiff and several other  of the plaintiff who be no party to the first decree bring action at law  against the executor upon their bind and recover judgement and afterward they  and some other of the plaintiff who have obtain no judgement bring this bill  against the earl of Kildare and his trustee and against ken executor and other  set forth their debt and that the executor conceal the asset and pretend to  prefer other creditor of a inferior nature and for that purpose pretend that  the earl of Kildare have obtain a decree to have his debt which be secure only  by a note pay he before they which if it be so be obtain by collusion and will  not have be so decree in case a proper defence have be make and they be no  party to that suit ought not to be bind by it but that it ought to be set  aside the cause come to a hear and the court declare they see no reason to  alter the earl of Kildare decree so as against he the bill be dismiss then the  decree go on far and say that all the estate of Mr ken shall be sell and the  money bring before the master and the creditor shall go before the master and  prove their debt and after payment of the earl of Kildare the surplus to be  divide among the rest of the creditor proportionable and the plaintiff  shepherd and the other who have obtain judgement go before the master and  prove their debt and as the money be bring before the master receive several  dividend of the money arise by sale of the real estate there be a considerable  sum before the master which be raise by sale of the personal estate shepherd  precedent in chancery and the other creditor who have obtain judgement  petition for a rehear of the cause for that the decree ought to have give they  a preference before those creditor who have not obtain judgement at least out  of the personal estate and so have the decree do that be at first make on hear  of the earl of Kildare cause by say that after he be satisfy the other  creditor shall be pay in a course of administration the other creditor who  have no judgement oppose alter the decree and say precedent in chancery er p  the plaintiff and the other judgement creditor ought to take all law or all  equity and now they have bring they in here by this bill and make they  contribute to the charge of this suit and have receive dividend under the  decree they ought not to alter it on a rehear to prefer themselves and that a  judgement obtain after the first decree ought not to avail they beside if the  plaintiff will have advantage of their legal preference they ought to bring  all they have receive by virtue of their judgement into hotchpotch it be reply  that they have a legal preference by their judgement against the executor and  their bill be only to give they a preference before the earl of Kildare note  which be not allow they ought to have be dismiss general and their receive  their share before the master of the equitable asset where they have no  preference ought not to prejudice they as to the personal asset where they  have a preference and there can be no pretence for their bring any thing into  hotchpotch a man indebt by bind devise his real estate for payment of his debt  a creditor recover judgement against his executor but the real and personal  asset will not pay all the debt shall not his judgement entitle he to the  personal asset and shall he not come in for his proportion also of the  equitable asset for what remain unpay or if one have both a bind and a  mortgage for his debt and one precedent in chancery be worth nothing shall not  he make up the inconveniency of the one by the other and foreclose if not pay  Lord keeper this point be not now before I and if it be I think if they will  have any benefit of the equitable asset they ought to bring what they have  receive into hotchpotch as to the decree I be of opinion it be just and will  not alter it when you who be a judgement creditor bring a bill with other and  pray a satisfaction of your debt and relief I think you ought not afterward  when you have make they contribute to the charge to make use of any legal  preference