case perris versus roberts Eq can ab pl entitle Bevis v Robert Ch can S c a be  indebt by bind in which I S be bind as surety and also by simple contract to b  a state a account of both debt with b and make a bill of sale for secure the  balance which prove deficient on a bill by the surety decree the money arise  by the bill of sale shall be apply towards discharge of both debt in  proportion perris become bind as surety for I S unto Robert I S owe Robert a  further debt upon simple contract I S and Robert come to a state account for  all money owe to Robert as well for what be due on the bind in which perris be  bind as surety as for what be due to Robert upon simple contract and there be  due to Robert on the foot of the account pound I S make he a bill of sale  towards satisfaction of the whole debt it be insist by Mr solicitorgeneral and  other of counsel for Robert that the money raise by this bill of sale shall in  the first place be apply to satisfy the debt due on simple contract and then  what remain to sink the debt for which perris stand bind as surety and the  rather for that in the bill of sale it be mention to be as a security and  there be no proof or pretence of a agreement or direction that this money  shall be apply to the debt for which perris stand bind and to make any other  construction will be to construe a man out of his debt to this opinion at  first the Lord chancellor seem to incline but then it be insist by Mr Hutchins  and other Vernon chancery case of counsel with perris that it be natural to  suppose that where a man owe a debt upon specialty for which other be bind as  his surety he will in the first place take care to discharge that debt before  another debt that be due on simple contract only but they do not insist that  the money raise by the bill of sale shall in the first place be entire apply  to satisfy the debt for which perris stand bind but that both the debt that  upon specialty and that upon simple contract be blend and throw together in  one account and then a bill of gale make towards satisfaction of the whole  debt it be but reason it shall be apply proportionable as well for the sink of  the debt for which perris stand bind as towards payment in proportion of the  debt due on simple contract and it be so decree by the Lord chancellor and  sole upon this reason videlicet that both the debt have be cast into one state  account and the bill of sale make towards satisfaction of the whole debt but  Mr solicitor be strong in his opinion against the decree this decree be make  on a rehear Reg lib fol vide Heyward v Lomax ante p and case cite in note  there Vernon chancery case er p