anonymous foreign attachment Edward tourney be indebt to Edward Denham by bind  and take of he diverse ware to barter and trade for in the eastindies tourney  in his return homeward die intestate possess of diverse good in the ship daw  possess himself of the good and Moyor get they into his possession Anthony  tourney take out letter of Administration and he bring a bill hill against daw  and Moyor to discover the estate march Moyor enter a plaint before the mayor c  of London against the administrator on a bind for money wherein Edward tourney  the intestate be bind to he and have process thereon the officer return that  he have attach Anthony case in chancery tourney by good name they in the hand  of or which be the intestate and immediate process on the same day of the same  month of march and the good condemned in four day Denham sue the administrator  of the intestate at law and by nothing to say obtain judgement on the bind daw  do the like on another bind but these judgement be after the judgement on the  foreign attachment and pen the suit in chancery by the administrator but  Denham after exhibit a bill against tourney the administrator and daw but  Moyor be no party to that suit and daw have a suit there against tourney Moyor  and Denham all three cause come to be hear together decree into alian for daw  and Moyor to account for the estate which come to their hand book c to be  bring in the estate over and above just allowance to be distribute  proportionable among the creditor accord as by law they ought to be pay and  that the judgement in the foreign attachment shall be set aside but the good  return for denham adventure to be no part of Edward turney estate Moyor  procure a rehear and insist that his debt be by bind as well as the debt to  Denham and daw it be hard enough on he that the judgement which he have on the  foreign attachment be set aside for he have therein do nothing illegal and it  be lawful for he to secure his debt by any legal course but as the decretal  order be pen he shall not only lose the benefit of his judgement be first and  precedent in time to the other judgement but shall lose his debt for the other  judgement will be prefer before his debt by bind unless he may aid himself by  his judgement on the attachment but he declare and be contend that this  judgement shall not prejudice the other debt but all to be pay ratable and  proportionable so that he may have a share of the estate equal accord to the  proportion of his debt but that as now the order be pen he will case in  chancery er p be whole exclude till the debt to daw and Denham be pay which  may swallow the whole estate chancellor if a suit be begin in banc king common  banc c no foreign attachment for a debt c shall prevent the judgement of that  court nor shall it prevent the judgement of this court c and therefore I  confirm the decree make and set aside the proceed and judgement case in  chancery on the foreign attachment you forsake the highway and mistake it and  go in a byway therefore take your chance then it be object that the  administrator bill be not for payment of the other debt but only to discover  the estate and Denham no party to that suit of the administrator and Moyor no  party to tourney the administrator bill but daw be and Moyor no defendant to  the bill of Denham therefore he can not have any decree against Moyor as now  he have chancellor they be all bring to hear together and reason be that it  shall be so and on hear of they the justice which be to be do on they all  appear and accord decree and you shall not sever they now for in all case  where conscience be the judge equality be to be the rule of equity vide ante  Chan c nor will equity regard form or order of court where the right c be  apparent vide ante post case in chancery de term sanct mich year king car two  in cancellar