case gilbert versus emerton a issue at law be direct in a matter where the  plaintiff have a proper action at law and be under no impediment in respect of  bring such action the plaintiff by his bill surmise that he and the defendant  have be partner in buy and sell of cattle and in return money they pay pound  into the exchequer upon the account of Mr woodcock the receiver of  Leicestershire and that pound part thereof be the proper money of the  plaintiff but the defendant have be pay by woodcock the whole and refuse to  pay the plaintiff the pound the defendant by answer deny that pound of the  pound be the plaintiff money but swear it be all his own money the plaintiff  have three witness who swear the defendant confess that pound of the pound be  the plaintiff money and although it be insist that little regard ought to be  give to witness who only swear a confession when the defendant have deny it  upon his oath but beside if there be any doubt in it the plaintiff may bring  his action at law there be no impediment nor reason for a court of equity to  meddle in it I yet the Lord keeper direct that the plaintiff shall bring his  action and the defendant not to insist on the statute of limitation and the  plaintiff counsel insist rather to have a issue direct he do accord direct it  to be try whether pound part of the pound be the proper money of Gilbert or  not that June and both party to be at liberty to make use of the deposition of  such witness in the cause in equity as be dead or not able to attend the trial  of such issue Reg lib a fol Vernon chancery case note in the case of peer and  Bellamy although the assignee under the statute of bankruptcy be disable from  recover the effect belong to the bankrupt estate by a fraud in the defendant  videlicet their have alter the bill of lade and invoice and even the ship name  that the assignee may not know or discover the good that be assign to Bellamy  the bankrupt yet there the Lord keeper refuse to direct a issue say it be a  matter triable at law and refuse to direct that the statute of limitation  shall not be give in evidence vide anon ante Vol and case cite in note there