case stonehewer versus thompson November g h in confess a judgement but it be  not to take place till after the death of a woman who live till the estate  subject to this judgement descend to I h who mortgage it to the defendant and  in become a bankrupt five year before the judgement be to take place Lord  Hardwicke hold the representative of the judgement creditor and not the  assignee under the commission be entitle to redeem the mortgage and to have  the estate of c h exonerate out of I h s estate if sufficient George Hitchcock  in confess a judgement and at the same time there be a defeasance execute by  which the judgement be not to take place till after the death of a woman who  do not die till and then it be to take place upon a contingency which however  do happen the estate subject to this judgement descend from the ancestor to  the heir John Hitchcock who mortgage it to the defendant Thompson and likewise  another estate of his own the mortgagee have no notice of the judgement atkins  er p at the time the heir become a bankrupt in five year before the woman die  on who death the judgement be to take place the defendant be appoint assignee  atkins the representative of the judgement creditor have bring be bill to  redeem the mortgage upon payment of principal interest and cost the question  be as there be no actual elegit take out by the judgement creditor before the  commission of bankruptcy issue whether the assignee under the commission shall  redeem the mortgage or the judgement creditor Mr Murray for the plaintiff cite  sir William Harberts case   Rep sir William Jones dyer to show that the heir  be Chargeable only as tertenant and therefore the person who claim under the  judgement be not a creditor of the bankrupt part of the premise comprise in  the mortgage do not descend from George Hitchcock Lord chancellor the  judgement creditor be entitle to redeem the whole for it must be entire and to  have the estate of George Hitchcock exonerate out of the estate of John  Hitchcock if John be sufficient as to the point which have be labour in order  to make this person come in as a creditor under the commission of bankruptcy  there be nothing in it if it have be mere a bind creditor from the ancestor  there may have be some colour to insist upon this under the statute of  fraudulent devise because that act make it a debt against the heir himself  Stileman v ashdown post as well as the ancestor but it be entire different  here as this be a judgement which be a lie upon the land a strong a lie upon  the land in the hand of the assignee under the commission who stand only in  the place of the bankrupt brace v Marlborough p W bunb by as to term of year  and other chattel interest fleetwood case   a Shirley v Watts post vol as it  be the best way I shall decree the estate to be sell and the plaintiff to be  pay in the first place his lordship give direction Thompson counsel consent  for sale of the whole of the premise comprise in the mortgage and out of the  money arise by such sale the mortgagee to be pay his principal interest and  cost in the first place and out of the residue of such money so much be to be  apply in payment of the plaintiff judgement as shall not exceed the value of  the estate of George Hitchcock Reg lib b fol