case tynt versus tynt at the roll a be principal in a recognizance of pound  and b and c be surety a do afterward jointure his wife before marriage in some  land without notice either to the wife or her friend of this recognizance and  devise his real and personal estate to b one of his surety and die first the  personal estate of a the principal shall be apply towards this recognizance  then his land devise the devisee be a volunteer next the paraphernalia of the  wife of a the principal and last the two surety shall contribute to make up  the deficiency a be appoint receiver of the plaintiff sir Haswell Tynts estate  during his infancy and b and c be the surety of a all join in a recognizance  to the late master of the roll sir John Trevor to account yearly there be  pound find in arrear in a s hand who after give this recognizance settle a  good part of his land in jointure upon his wife before marriage neither the  wife nor her friend have notice of the recognizance when the settlement be  make a the husband who be the receiver by his will devise all his real and  personal estate to b one of his surety make he his executor and die the  plaintiff sir Haswell tynt put the recognizance in suit upon which the widow  of a the receiver who be the jointress pray that the personal estate of her  husband may be first liable and her good paraphernalia exempt dly the land  devise to b the surety and in the next place the jointress be a purchaser  without notice that the land of the other cognizor the surety shall go towards  satisfaction of the recognizance peer William master of the roll it be plain  that all the personal estate of a the principal cognizor ought to be first  apply to satisfy this recognizance then the land devise by a to b the surety  for such devisee be a volunteer and the jointress a purchaser but as to the  land of the other cognizor the surety they ought to be last apply and the  jointure must be liable before these for all the estate of the principal  cognizor ought to be first subject and though the jointress be a purchaser yet  as she claim under the grant of the principal cognizor she can only stand in  his place and be in no better case than he himself be and it reasonable and  probable may be a inducement for the surety to be bind that they see the  principal seize and in possession of so large a real estate and the principal  cognizor can by his own act as against the surety discharge any part of his  real estate which be liable at law ought to be so in conscience Mr solicitor  general if the jointress pay off the cognizee of the recognizance and take a  assignment of it then she may extend it at law and the surety shall have no  remedy in equity against her she be a purchaser without notice for though the  recognizance be a record yet in equity the purchaser be not bind to take  notice of it cur this isnot the case for you neither have nor be like to have  this assignment of the recognizance it be make to the late master of the roll  and the court will hardly direct a assignment of it to load a surety but even  at law if the jointress shall get a assignment of the recognizance and  endeavour to load the surety then they may have a hearing complaint insist  that all the principal cognizors land either in peer William his own hand or  in the hand of any alienees ought to be liable before any of the surety land  be extend and as to the good paraphernalia of the widow though there be debt  more than the personal estate will extend to pay yet as these be liable only  in favour of creditor and not of the heir nor of the devisee who stand in the  place of the heir and be hres factus if the land devise be sufficient to pay  the recognizance the good paraphernalia shall be enjoy by the widow but if  those devise land shall prove insufficient the good paraphernalia must be  subject before the surety land shall be extend Reg lib b fol as against real  asset descend it seem that upon the authority of tip v tip ante vol the wife  shall stand in the place of creditor for the amount of her paraphernalia so  Snelson v Corbet atk Graham v Londonderry atk peer William er p so against a  real estate charge with debt Boyntun v Boyntun Cox say qure as against real  asset devise in Probert v Clifford easter the wife paraphernalia together with  the whole of the personal estate have be exhaust in payment of the husband  debt the question be whether the wife shall be permit to stand in the place of  the specialty creditor so as to receive a satisfaction for her paraphernalia  out of the real estate which the husband have devise for it do not appear upon  the plead that any part of the real estate have be leave to descend Lord  Hardwicke say that the court have decree satisfaction for paraphernalia out of  real asset descend as in tip v tip but that that case have go a great way for  by the old law the wife paraphernalia be absolute in the power of the husband  during his life and that as the court have not in any former instance decree  the wife satisfaction for her paraphernalia out of real asset against a  devisee he will not establish the precedent and by the decree his lordship  declare that if the personal estate of the testator be not sufficient for  payment of the debt such deficiency be to be raise by sale of the testator  real estate liable to the specialty debt and it be order that the master shall  inquire whether any real asset of the testator descend on his heir and if any  such then that the same or a sufficient part thereof shall be sell in the  first place for payment of the debt and if that shall not be sufficient then  that the devise estate or a sufficient part thereof shall be sell for the same  purpose and such devise estate be to contribute in proportion and as to the  claim of the plaintiff the wife in respect of her paraphernalia his lordship  declare that she be entitle to a satisfaction for the same out of such part of  the testator real asset descend upon his heir at law as shall remain after  payment of the debt Reg lib b fol and Amb S c say vide contra incledon v  Northcote atk