case leigh and other versus barry and other December if trustee will bind  themselves to be liable for the act of each other as they have do here the  court will not relieve they especial in the case of a composition of debt as  this be the plaintiff be creditor of one James Randal and have effect of his  in their hand he become a bankrupt and the defendant be choose assignee under  his commission several dispute arise between the defendant and the plaintiff  in relation to James Randal and suit depend on that account they come to a  agreement that the plaintiff shall retain as much from the produce of the  effect of James Randal in their hand as will answer they a composition of two  shilling and sixpence in the pound for their debt and shall account for the  overplus to that e defendant a deed be execute for this purpose between the  plaintiff and the defendant in which the plaintiff John Gibson William leigh  and George westgarth do for themselves several and for their several and  respective heir executor and administrator covenant with each other and the  heir executor and administrator of each other that the above agreement shall  be good and valid and that they will perform the same on their respective part  atkins and afterward in the covenant for carry the agreement into execution  the word of the second covenant be they do and each of they do covenant  promise and agree with the defendant Thomas Barry and Richard packer their  executor and administrator that they will pay the overplus c there be a joint  and separate power of attorney to collect the effect Joseph Gibson one of the  covenantors do alone receive the money that for the sale of James randal  effect and the other only join in the receipt to the purchaser Gibson be  become a bankrupt and no payment have be make to the defendant the assignee  atkins er p the defendant the assignee of James Randal bring three several  action of covenant against the plaintiff upon which the plaintiff bring a bill  here for a injunction which be grant on the usual term of give judgement with  a release of error it be insist for the plaintiff that they ought not to make  good the deficiency occasion by Joseph gibson bankruptcy as he alone receive  in the whole money arise from the effect of James Randal and as trustee they  can not avoid join with Joseph Gibson in the receipt Lord chancellor in the  case of trustee though there be not negative word in a deed that they shall  not be liable for the act of one another yet this court will not make they  liable for more than each have receive the court have even go further for  where they all join in a receipt for money it will make that trustee liable  only who receive it for they be all oblige to join in the receipt otherwise as  to the executor for there be no necessity for their join but may act several  if they think fit as to this distinction between the receipt of trustee and of  executor vide fellow v Mitchell p W Churchill v Hobson ibidem Aplyn v brewer  pre Charles attorney general v Randell vin pl ex part belchier Amb read v  truelove Amb sadler v Hobbs bro Charles Rep Littlehales v gascoigne bro  Charles Rep Scurfield v how be ibidem Keble v Thompson ibidem but if the  trustee will bind themselves to be liable for the act of each other the court  will not relieve they in the present case they be not bare trustee but  interest as creditor of James Randal the first be a several covenant for they  do for themselves several covenant with each other and for the heir executor  and administrator of each other afterward in the special covenant for carry  the agreement into execution it be plain joint and several for it be they  atkins do and each of they do covenant promise and agree with Thomas Barry and  Richard Decker their executor c that they will pay the overplus c and it be  for the convenience of the trust that they have a joint and several power  another reason that make they each liable for the other be that this be a  composition of debt and if good at law unless fraud or mistake appear in the  composition there be no instance of this court be relieve against it the deed  beside recite there be suit depend and a demand upon the plaintiff on account  of James Randall the bankrupt and allow they to retain what they have in their  hand to answer they a composition of two shilling and sixpence in the pound  upon enter into the agreement and covenant in the deed this court have be so  strict in regard to composition that if there be a agreement to pay the  compound sum at a day certain and the person fail of pay it at the time they  will not relieve he but he must pay the whole debt to the creditor Lord  chancellor decree the plaintiff shall be charge joint to make good the  deficiency of Joseph Gibson and to pay the defendant the cost at law and the  cost in this court so far as it relate to the relief seek against the joint  covenant contain in the deed of the that of February Reg lib b fol