bill be to compel a account of a oyster fishery and for a injunction to  prevent defendant take any more oyster and to establish plaintiff Title which  be set forth under a grant from James under which plaintiff ancestor have be  possess until when defendant under pretence of a grant from king Charles the  first get into possession defendant demurrer to every thing but the discovery  his Title because plaintiff Riqht be triable at law and not to be ascertain re  demurrer allow for that a bill lie not against a single person to establish a  Title before a trial at law note this and though a Lord of a manor may tome  into equity before his Title at law ascertain or where several person claim  the same right to prevent multiplicity of suit rule equity be to prevent  multiplicity of suit or circuity of action because a trial of one person be  right can bind the other the court will entertain the bill as a bill of peace  and direct one issue which may bind all yet where one trial at law will  ascertain the plaintiff whole right and Title such trial ought first to be  have and as to the account of oyster take that be a mere action for mesne  profit which plaintiff may support after a recovery in ejectment Lord Teynham  and Herbert December cor Lord Hardwicke at Lincolnsinn hall ms Rep atk Rep pl  bill for a discovery of coal get under plaintiff glebe have for relief retain  till Title ascertain at law bunb Rep in scacc bill for tithe glebe and common  cur will not decree the tithe till plaintiff have by action ascertain his  Title ibidem bill for the same thing dismiss by plaintiff agreement as for the  glebe and common ibidem equity case abridge b who be TO be party TO a bill a a  vide p can and the note there bill for a portion of tithe in a neighbour  parish the vicar of that parish must be a party bunb bill against the  accountant to the commissioner of excise for a account the commissioner must  be party bunb bill for payment of money upon a bind must be against all the  obligors or else there can be no decree Trin anon can Freem Rep vide p c in  this justice non sequitur law ibidem vide Eq can Abr p can and the note there  on a bill against the heir of a mortgagee to redeem and the executor or  administrator not be make a party on this exception take at the hear the court  will not proceed east anon Freem Rep can for per Lord Chan if it shall fall  out upon the account that money shall be pay by the mortgagor that be to be  pay to the executor or administrator and not to the heir and so the account  ought not to be controvert without their privity ibidem