HAMMOND v. HAMMOND—2 BLAND. 34?

Terrewest v. Featherby, 2 Meriv. 480; Clarice v. Ormonde, 4 Cond.
Cha. Rep. 47: Lord' v. Wormleighton, 4 Cond. Cha. Rep. 67; Fielden
v. Fielden, 1 Cond. Cha. Sep. 128; Drewry v. Thacker, 3 Swan. 529;
Martin v. Martin, 1 Fes. 211; Farnham v. Burroughs, Dick. 63;
and * although the name of such creditor was, without his
consent, inserted in the bill filed on behalf of all the credi- 361
tors of the testator; Douglas v. Clay, 1 Dick. 393; Perry v. Phelips,
10 Ves. 40; or to restrain an action brought by a lessor against an
executor, as executor, for a breach of covenant to repair; since
the fact of a breach, and the damages may be as well ascertained
by the auditor as by a jury. Sutton v. Mashiter, 2 Cond. Cha. Rep.
525. And the like injunction may be obtained not only where the
bill is filed by creditors: but also where it is filed by an executor
to have the directions of the Court for the execution of the will,
and to be indemnified; Rush v. Higgs, 4 Vex. 638; or for the same
purposes, by trustees of the testator's estate; Brooks v. Reynolds, 1
Bro. C. C. 183; or where it is filed by a residuary or other legatee:
Jackson v. Leaf, 1 Jac. & Wal. 281; and the injunction may be
obtained on the application of an executor, where the bill is> tiled
by creditors; Clarke v. Ormonde, 4 Cond. Cha. Rep. 54; or by trus-
tees; Brooks v. Reynolds, 1 Bro. C. C. 183; or on the application of
a creditor plaintiff, the bill being tiled by creditors against the
executor; Terrewest v. Featherby, 2 Merir. 482, n; or on the appli-
cation of a legatee, by whom the bill is filed against the executor.
Clarice v. Ormonde, 4 Cond. Cha. Rep. 54; Drewry v. Thacker, 3
Swan. 544.

But, in granting an injunction, in cases of this kind, in order to
protect the real or personal representatives from pressure at law,
the Court is .always careful not to exclude creditors, proceeding at
law, from the benefit of their diligence, by which they have, estab-
lished a right to be satisfied, either out of the assets of the de-
ceased, or de bonis propriis of the representative; a right which, in
some cases, the conduct of the representative will confer on them
and in others their activity; and will not indulge creditors who
have lain by to the extent of depriving the diligent of the fruits
of their diligence. Drewery v. Thacker, 3 Swan. 544; Fielden v.
Fielden, I Cond. Cha. Rep. 128; Price v. Evans, 6 Cond. Cha. Rep.

234; Kent v. Pickering, 7 Cond. Cha. Rep. 541, And, therefore,
an injunction may be obtained to shelter assets against execution
under a judgment against the heir or executor; Terrewest v.
Featherby, 2 Merle. 480; Clarke v. Ormonde, 4 Cond. Cha. Rep.
54, Price v. Evans. 6 Cond. Cha. Rep. 234; as where after a decree
to account, a creditor proceeds to trial at Jaw, aud there obtains a
verdict; Lord v. Wormleighton, 4 Cowl. Cha. Rep. 61; or where

* after such decree, the executor suffers judgment by default; 362
Terrewest v. Featherby, 2 Meriv. 480; although so far as a
judgment may affect the executor's own property, the Court will