236 HIGH COURT OF CHANCERY.

ed as their representative. But,for this conclusion, the prayer of
that petition must have been granted.

That this judgment was a lien at the time of the execution of
the mortgage to Hodges is incontestibly settled by authority.
Murphy vs. Cord, 12 Gill & Johns., 182; Rankin and Schat-
sell vs. Scott, 12 Wheat., 177.

And, it is equally indisputable, that if the judgment creditor
was not a party to the suit, he was not bound to seek payment
out of the proceeds of sales in the hands of the trustee, but
might prosecute his lien against the property, after its convey-
ance to the purchaser. Brooks vs. Brooke et al., 12 Gill &
Johns., 318.

These propositions arenot understood to be denied, but it is in-
sisted, with much force, that notwithstanding theformer decision
of this court upon the petition of the complainants in Hodges'
case, and which, as has been explained, could only have been pro-
nounced upon the hypothesis, that these judgment creditors
were not to be regarded in any sense as parties to, and bound
by, the decree in that suit; this court will now upon this bill
declare, that they were parties, and bound by the decree, be-
cause the insolvent trustee was a party and consented to it.

The Court of .Appeals, in the case of Alexander vs. Ghiselin
and others, decided at December term last, that upon the true
construction of the seventh section of the act of 1805, chapter
110, the trustee of an insolvent debtor, whose property had
been taken in execution before his application for the benefit of
the insolvent laws, is, nevertheless, to make the sales applying
the proceeds to the satisfaction of the liens; that, upon such
application, the property of the petitioning debtor, no matter
how incumbered, and though in custodia legis, is to be taken
possession of and sold by the trustee, in order that there may
be but one administration of the estate. And, it is insisted,
that the principle of this decision extends to the present case ;

and, that the sale made under the decree of this court, upon
the bill filed by Hodges, the trustee of the insolvent debtor be-
ing a party thereto and assenting to the decree, produces the
same legal consequences as if the sale had been made by the