case sir george newland and Beckley executor of watts versus Eq can Abr pl see  the case of orlebar v Fletcher and the duke of ken post a creditor by statute  of I S if I S become bankrupt and the statute not sue and execute before the  bankruptcy shall come in only pro rata though there be land in fee bind by the  statute stonehewer v Thompson atk one seize of land in fee owe a debt by  statute and afterward become a bankrupt and the creditor by statute extend the  land then a commission of bankruptcy be sue out and whether the land shall be  liable to the statutecreditor be the question upon importunity of counsel Lord  chancellor refer this to the judge of c b before who it be insist by sergeant  Pratt and myself that the land be actual bind by the statute and the creditor  rely on this security it will be hard that the doubtful word of the stat James  cap sect shall discharge it and with regard to that clause of the act which  say that creditor by judgement statute c whereof no execution or extent be  serve or execute on the land or good of the bankrupt before his become  bankrupt shall not be relieve for more than a rateable part of their just debt  without respect have to the penalty of the statute or judgement we urge this  extend only to relieve against the penalty and the word creditor seek relief  shall not be relieve c must be intend to mean peer William shall not be  relieve upon the commission of bankruptcy in a court of equity but if at law  they can prevail as here by a extent upon the land the statute do not hinder  they but all the judge of c b contra who hold that the clause of the statute  be full and plain that all the creditor of the bankrupt unless where there be  a mortgage shall be equal pay and Trevor c I say a judgement or recognizance  do no more bind the land than the testae of a be made fa see Philips v  Thompson lev bind the good at the time of the make of this statute and it be  plain if the be made fa be not serve and execute such creditor notwithstanding  his sue out his be made fa shall come in only in proportion with the creditor  even by simple contract peer William er p peer William de term S HILLARII