case in chancery sir thomas bennet and sir William Brownlow Knts plaintiff  against mary box relict of henry box and daughter of ralph allen walter  Stonehouse son and heir of Elizabeth Stonehouse another of the daughter of  ralph allen george Burdet son and heir of marthan Burdet another of the  daughter of ralph allen note trust land no asset in equity though the trust be  decree in equity see the note post and page year James Ralph Allen purchase  land in his own name and in the name of Edward Hammond in trust for Ralph  Allen and his heir and Hammond to take nothing thereby but the trust be not  express in the conveyance William Allen senior do borrow pound of John Bennet  and the say William Allen Ralph Allen and William Allen junior son and heir of  the say Ralph Allen William Allen senior be first bind in the bind do become  bind unto the say John Bennet since decease for the payment of the say pound  by bind of pound wherein they bind themselves and their heir under who the  plaintiff be well entitle to the debt in question and one witness depose that  Ralph Allen be a good husband not one that contract any debt of his own and  believe he and William Allen junior be only surety for William Allen senior  Ralph Allen die and Hammond survive and after die then William Allen son and  heir of Ralph Allen die without issue and the now defendant as heir at law  bring their bill against the heir of Hammond who have the estate in law to  have the land convey in performance of the trust which be decree to they  accord and the land convey unto they as heir at law of Ralph Allen the now  plaintiff bring their action of debt at law against Henry box since decease  and the now defendant as heir of Ralph Allen the defendant thereunto case in  chancery er p plead riens per dissent praeter a three part of a message worth  pound S d per annum case in chancery January the now plaintiff bring their  bill in this court against the defendant and Henry box the defendant late  husband who have the land decree and convey unto they as heir of Ralph Allen  to have they decree as heir to pay the just debt of Allen or to have the say  land make liable to pay the say debt as asset in equity the defendant box and  Stonehouse plead that the say action still depend which be a double vexation  and demurrer and demand judgement whether they as heir shall be charge in  equity without any trust or agreement further than the law charge they on hear  thereof a case be state on the bill plea and demurrer and afterward Henry box  die and before any bill of revivor against the defendant it be order may that  the defendant do answer the plaintiff bill but the benefit of the plea to be  consider at the hear the defendant deny that they have enter into or receive  any of the profit of the say land the same be ever since car extend for the  debt of Ralph Allen and ever since hold by sir John bank and his executor and  former before the extent be let at pound per annum and after at pound per  annum and now but at about pound per annum and whereout above pound be deduct  for the charge of the seabank and the rest will not pay the interest of the  principal debt as the Extendors allege a original be fill by the plaintiff  against Henry box and the other defendant on the bind in question in the  common plea bear testae Feb the defendant Walter Stonehouse do for pound  bargain and sell his three part of the reversion in fee of the land in  question to Henry box decease by deed bear date october and the say Henry pay  then to the say Walter the pound purchase money for the same and the defendant  as they swear by their answer have not then or in some month after any notice  of the say original and no notice prove and one witness depose he believe  there be no notice for he be conversant in all Mr Boxs affair if there have be  any notice he shall have hear of it as he very believe the defendant George  Burdet after the other defendant be order to answer put in his answer and case  in chancery thereby insist on the same matter the other defendant do by their  plea and demurrer and be on June the that last pass serve with process ad to  hear judgment upon June follow but appear not at the hear or any for he  question whether the say land as this case be shall or ought to be decree as  asset in equity dly or whether the plaintiff ought to have any decree in this  case against the defendant chief justice hide chief baron hale and justice  Windham be of opinion on hear counsel on both side that the land in the say  case and bill mention as the case be state be not nor ought to be decree as  asset in equity and that the plaintiff ought not to have any decree against  the defendant afterward in Hillary vacation the bill be dismiss upon the judge  certificate and the like be Nov or in a case wherein clark be plaintiff  against sir Thomas fanshaw note in the case of roper and Radcliff which see in  the new case of law and equity d part page c and c it seem agree as a stand  rule in equity that land devise in trust to pay debt and legacy be to be deem  as money ringtail in respect of creditor but not in respect of the heir at law  or residuary legatee vide post and dly that money devise to buy land be to be  deem as land c vide post in pede what be asset in equity vide post and the  case there cite case in chancery er p case in chancery de term sanct mich year  king car two in cancellar the Lord chancellor the plaster of the roll