case sir daniel OCARROLLS case in chancery Trin t principal and surety on a  note Payable by instalment after one payment become due principal discharge  under the insolvent debtor act bill by creditor and decree against surety and  he to have remedy over against effect of the principal for the first money due  on the first payment and the common decree for the rest the editor have not be  able to meet with any entry of this case in lib Reg see deering v earl of  Winchelsea in the Exch Bos pull hill ms Vol p tot verb I on appeal from decree  make by the master of the roll the case be bill be bring by plaintiff as  creditor of sir Daniel ocarroll v sir Daniel and administratrix of her husband  who be surety for sir Daniel for payment of a sum of money upon a note of hand  Payable by instalment it appear that sir Daniel have be discharge by the  insolvent debtor act and that previous to the time of his discharge one of the  time of payment become due and the rest have since his honour make the common  decree for payment by the surety and she to have remedy over against sir  Daniel the principal from this decree there be a appeal and it be say the  surety can have a decree against the principal because this court have only  jurisdiction in mask and not in remember except in case of specific  performance of article c and the person of sir Daniel be discharge by the  statute but Lord Hardwicke c clear himself ambler of that difficulty and say  he can make a decree the same as a judgement will be at law and liken the case  to that of a privilege person who be decree to satisfy c and on refusal  instead of a attachment a sequestration issue immediate after the writ of  execution and the estate and effect be detain in the hand of the officer till  the party have comply with the decree decree defendant the administratrix  shall have remedy against sir daniel estate and effect except his wear apparel  for the money due on the first instalment and the common decree for the rest