Provincial Court Proceedings, 1668.     341

    no good plea to an action brought upon a debt preferred by Law to Liber FF
    plead payment of a debt which the Law esteemes unfitt to be pre-
    ferred and so conclude fully administred. For according to Law and
    Reason every executor at his Owne perill is to take care that he pay
    his Testators debts in such Order as the Law and policie of the Coun-
    try requires And if he gives preferrence to a debt which the Law
    postponeth he shall be compelled to pay the debt to which the Law
    gives prferrence out of his Owne monyes and shall not be helped
    by pleading fully administred. Now in this case the executrix by her
    Own Act and for her Own advantage did not Only give preferrence
    to a debt which the law of the Country postponeth but extended and
    tooke in execution for satisfaction of the same all the Testators es-
    tate reall and personall And all that the testator as a Factor had in
    his hands belonging to his master And to secure her in the possession
    of all this prevailes with the Court to make a new kind of writt for
    her Guard. Now though this judgment were notoriously erronious
    and all the proceedings thereupon yett it cannot legally be reversed,
    Because there is no party who Ought to bring a writt of Error that
    can be compelled to bring one But in regard it is not pleadable against
    the petr or any Other Creditor for the reasons aforementioned it will
    prejudice no person Besides upon yr petitioners bill your Löpps
    Court may decree that it shall be sett aside and never made use off,
    And if Gittings he made a party to the petrs bill the Court may decree
    him to vacate the said judgment.
      As touching my Opinion what I thinke fitt to be done by the pe-
    titioner upon the whole matter.
      I humbly conceive that he may preferr his bill in yr Lôpps said
    Court as a Court of equity against Boague the administrator of
    Mary the mother and against the infant and Gittings to charge them
    to sett forth upon Oath 1o what Deeds evidences and writeings they
    haue concerning the said purchased lands 2o what bookes or papers
    of Accounts they haue relateing to the accounts between Bateman
    deceased and the petitioner 3o what assetts they received of the
    estate of Bateman or his wife 4o what profitts they haue received of
    the said purchased lands 5o what monyes or effects belonging to the
    petr and which were in Batemans hands at his death haue come to
    their hands and to sett forth the errors and collusion in relation to
    the said judgment and proceedings. He must thereupon pray to haue
    all the said Deeds writeings evidences bookes and papers brought
    into Court to haue the truth of the particulars aforementioned ap-
    peare Also to haue the said Lands to be decreed unto him And a
    decree to haue them conveyed to him, To haue Satisfaction decreed
    to him Out of the estate, And the judgmt vacated. All which that
    Court as a Court of equity being Satisfied of the equity may decree
    and compell to be executed.