DOUB VS. BARNES. 137

the Messrs. Tiffany received the money in question from Yost,
and knew that it was received by him from the trustees, they
would have had a right to regard it as a payment growing out
of their relative position as judgment creditors, and not on ac-
count of any advantage secured to them by the deed. Their
receipt, therefore, of this money, if they did receive it, with
knowledge of the source from whence it came, (of which how-
ever there is no evidence,) could not render it unconscientious
in them now to insist upon the enforcement of their judgments,
—as the Court of Appeals say, would have been the case, if
the creditor in the case of Moale and Buchanan had been per-
mitted to proceed upon his judgment, after receiving dividends
under the trust.

I do not, therefore, think that an equity can be made out
against these judgments, upon the footing of the receipts of
Mr. Yost, either taken by themselves, or together, with the let-
ters of the 27th of April, and 9th of June, 1843. Looking to
the dates as well as the terms of those letters, I find it impos-
sible to infer from them, those circumstances which the Court
of Appeals have said must exist, to deprive the creditors of
the rights secured them by their judgments.

But, independently of all this, the Messrs. Tiffany have been
examined as witnesses, and each declared that they did not
mean, and never did agree, to accept the provisions of the deed,
and surrender their liens as judgment creditors.

It is true, they have been excepted to as incompetent wit-
nesses, but looking to the terms of their assignment to Mrs.
Mason, I cannot very clearly see what qualifying interest they
have in the event of the present controversy.

The assignment is without recourse to them, except as to
their rights to assign and transfer the judgments.

Their right to assign the j udgments is one thing, but the
rights which the assignee may assert under it is another; and,
therefore, it by no means follows, that the assignors would be
responsible to the assignee if it should turn out, that any thing
had been done by the former, prior to the assignment, which de-

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