case ex part Markland Lord chancellor king Eq can ab pl pl assignee under a  commission of bankruptcy die very much indebt by bind c and the creditor of  the bankrupt petition that the administrator of the assignee may account  before the commissioner he have some of the bankrupt effect in specie in his  hand but the administrator deny this upon oath and swear that there be debt by  specialty beyond the asset the court think this proper for a bill and not for  a summary way of account before commissioner the new assignee under a  commission of bankruptcy take out against I S petition that I n the daughter  and administratrix of I d who be the survivor of the former assignee under the  commission shall account before the commissioner for the effect of the  bankrupt come to her hand and a affidavit be make that I n have confess she  believe that her intestate the assignee keep the bankrupt money in a separate  bag with a note in it show it to be such and also that the assignee leave land  of inheritance descend to I n the heir which will be asset peer William er p  by descent to answer the covenant enter into by the assignee for himself and  his heir with the commissioner duly to account for the bankrupt effect peer  William against the petition I urge that this matter be not fit to be end in a  summary way but that a bill will be necessary to determine it for that I n the  heir and administratrix of the assignee have make a affidavit that she never  confess the assignee her father keep the bankrupt money in a separate bag or  place nor do she believe the fact to be so that the assignee the father die  indebt by specialty and otherwise several thousand pound beyond all his asset  that she have pay some bind and action be depend upon other that it be in her  election to prefer which of the specialty she please and the commissioner be  not proper to determine in a summary way whether the payment already make by  the administratrix or which she shall make be or will be good and legal or if  they shall make such determination this can be no way bind to the other  creditor therefore the order now desire that the daughter and administratrix  of the assignee shall account with the commissioner will be of no use since  the creditor may notwithstanding bring their action or bill in equity against  the say daughter and administratrix for which reason Lord chancellor order the  petition ofthe new assignee to be dismiss and direct they to bring their bill