660 INDEX.—2 BLAND.

DEBTOR AND CREDITOR.—Continued.

74. In cases of bankruptcy, wherever the creditor holds a double security
he may make choice of either or pursue both, so he does not obtain a
double satisfaction. 16.

75. In such cases the creditor himself makes choice of the security from
which he will obtain satisfaction, and the bankruptcy Court, so far
from lessening the obligation of any of his securities, or driving him
from any one of them, will assist him in enforcing his contract to
the extent of its jurisdiction, so as to insure to him one complete
satisfaction. Ib.

76. But in equity, in creditor's suits, the Court officiously interferes and
throws upon the creditor the burden of showing whether the de-
ceased was principal or surety, or co-surety; and then, unless he also
proves, that the co-surety or principal debtor is insolvent, pushes the
creditor partially or entirely away from that portion of his security
by which the deceased's estate might have been made liable. Ib.

77. In the majority of cases it would be impracticable or difficult, to pro-
cure any other proof of insolvency than that of general reputation
in that part of the country where the debtor resides and is known.
Ib.

78. The rules of equity in bankruptcy as applicable to a creditor's suit.
Ib.

79. A man may make use of all the securities he has, until he has ob-
tained satisfaction of his whole debt. Ib.

80. When the debt has been secured by a mortgage, a covenant to repay
and a bond, the creditor may be allowed to pursue all his remedies
at once. He may bring an action of covenant to repay the money:
institute an ejectment against the tenant in possession; file a bill in
equity to foreclose, and also maintain a suit upon the bond at the
same time. Andrews v. Scot-ton, 596.

81. But he cannot have the mortgaged property awarded to him by a de-
cree of foreclosure, and also recover the money or any part of it from
the debtor by a suit upon the covenant or bond. Ib.

82. In a suit to foreclose or sell, if, by a sale, the whole debt should not
be paid, the Court cannot pass a decree for the payment of the bal-
ance. Ib.
88. An appeal bond, on the decree being affirmed, becomes thereby an

additional security for the debt. 15.
See CONFLICT OF LAWS, 1.
JUDGMENT.
LIEN.

PRACTICE, 17.
SALE, 12,14.
WILLS, 3, 4, 6.
DESCENT AND DISTRIBUTION.

See HUSBAND AND WIFE, 11.
DOWER.

See SALE. 13.

ELECTION.

See, DEBTOR AND CREDITOR, 31.
WILLS, 5.