a question arise whether a assignment of a term by a bankrupt be to be  consider as a absolute sale or by way of mortgage only at a meeting of the  bankrupt creditor the matter under consideration be whether the assignee shall  bring a bill in order to be let into a redemption of this leasehold estate or  not and the majority of the creditor be against such bill the assignee  thereupon can not bring it be disable by the Geo cap sect which enact that no  suit in equity S call be commence by the assignee without the consent of the  major part in value of the creditor present at a meeting pursuant to notice in  the London gazette whereupon the rest of the creditor who be for the bill  bring a bill in their own name against the suppose equity case abridge  mortgagee and also against the commissioner assignee pray to be let into the  redemption of this leasehold estate the assignee by their answer say that they  be desirous it shall be redeem but the suppose mortgagee oppose it and insist  that it be a absolute purchase the question now be whether this bill be well  bring and Mr I Parker who sit for the Lord Chan be of opinion that it be and  that if the Assiqnees refuse to bring a bill that be for the benefit of the  bankrupt estate any creditor have a right to bring such bill under Peril of  cost and decree that the assignee in the first place shall have liberty to  redeem and in default thereof that the plaintiff shall have this redemption  east franklin and fern Barnard Rep in Chan in general no person shall be allow  to come into equity for a redemption but he that have the legal estate of the  mortgagor accord to the rule lie down in the case of Bickley and Dorrington  and monk and pomfret both of they late determine by Lord Chan Hardwicke so if  a executor be Willing to get in the debt of his testator there be no  foundation for a creditor to bring in his bill for that purpose and therefore  where there be proper person to get in the estate of another a court of equity  will not suffer either the creditor of the testator or the creditor of a  bankrupt to bring a bill in order to get in that estate but if a executor or  assignee under a Commission will collude with a debtor there be no doubt but a  creditor may bring his bill in order to take care of that estate and charge  the assignee or executor with such collusion per Parker I ibidem where a  creditor neglect to receive of the assignee his dividend and they afterward  break with the money in their hand such creditor shall not be allow to come  upon the bankrupt estate for that money but must take his remedy against the  assignee vide l Eq can Abr p c e concern the clerk TO the commission the clerk  to a Commission of bankruptcy in the presence of the person at who instance he  issue out the Commission no other Perison be by take away a scrutore and open  it in which be all the paper of the bankrupt and make a pretend sale by a  appraiser on petition he be order to be examine on interrogatory as to the  realValue of the good and to pay the value and all cost occasion by this  irregularity and all the good not dispose of to be deliver over and to be  remove from the clerkship king Lord Chan Trin Geo Mozene c creditor of Abraham  Sel Ca in canc