case Howell and price ante ante S c vern S c Eq Abr S c pl pale yellow Eq Rep  S c salk wms wms wms viner pl brown parliament case coke Inst hark Edward b to  b tweddell v tweddell determine upon demurrer July the personal estate shall  be apply in exoneration of the real in favour as well of a hres factus as a  heir at law whether the executor take it as executor or it be devise to he  unless there be word to exempt it this cause now come on again to be argue on  several precedent produce that the personal estate in the hand of the executor  whether it be express devise to he or come to he only by virtue of his be make  executor that in both case unless there be a express clause to exempt it that  it shall be apply in ease and exoneration of the real estate and that as well  in behalf of a devisee or hres factus of the real estate as of the hres born  for which the case cite be grey and grey Chichester and Phillips hale and hale  and other case my Lord chancellor be now clear of opinion that the personal  estate in this case must be apply accord for he say here be plain a debt  though it be a precedent in chancery debt of a special nature and for which  the security be limit for on failure of payment on any michaelmasday the  mortgagee may bring his ejectment and recover the possession which he shall  hold till his debt be satisfy or till payment by the mortgagor or his heir and  though no action of debt or covenant lie yet since there be a remedy for it he  think it clear a debt and that the devise to his executor as well to pay his  debt as to levy his debt plain show his intention to discharge all his debt  thereout and therefore this be a debt though of a special nature must be pay  among the rest though the plaintiff be not the immediate heir to the mortgagor  but only the heir of the heir it be unnecessary to state the above case of  tweddell v tweddell as the reader will find it insert in Mr brown additional  report of case in chancery and much more ample and accurate state than it can  have be in this publication precedent in chancery er p