466 HIGH COURT OF CHANCERY.

The petitions will not, therefore, be dismissed as to Stewart,
but will stand over, with liberty to amend, by bringing the in-
solvent trustee of Stewart before the court.

[No appeal was taken from this order.]

BOYD AND HANCE
vs.
ALEXANDER HARRIS ET AL.

MACKALL HARRIS SEPTEMBER TERM, 1849.

vs.
LAVEILLE AND WIFE.

CONSOLIDATED.
[CREDITORS BILL—DECREE FOB AM ACCOUNT.—INJUNCTION.]

A DECREE for an account in a suit, by one or more creditors against the execu-
tor, either for themselves, or on behalf of themselves and all other creditors,
is for the benefit of all, and in the nature of a judgment for all, and from the
date of such decree, an injunction will be granted upon motion of either
party, and upon a due disclosure of assets to stay all proceedings of any
creditor at law.

In order, however, to prevent abuse by connivance between an executor or
administrator, and a friendly creditor, the practice is, to grant an injunction
only when the answer or affidavit of the executor or administrator states the
amount of the assets, and upon the terms of bringing the assets into court,
or obeying such other order of the court, as the circumstances of the case
may require.

The power of this court to grant injunctions to restrain creditors from pro-
ceeding at law after a decree for an account, is not confined to cases in
which the application is made by the executor or administrator, but extends
to applications made by the heir, or by another creditor, or a common lega-
tee, or perhaps by a residuary legatee.

Where judgments at law, upon which executions have issued and been levied
upon lands are enjoined; after the dissolution of the injunction,nothingmore
is necessary to authorize the sheriff to sell, than writs of vmcKtioni exponas.
The lands are to be regarded as in cwtodia legis, and the death of the defend-
ant in the judgments after execution had issued and been levied, does not
render a scire facias necessary, against his heirs or terretenants.

The courts always observe great caution in taking property out of the hands of
a sheriff, held by him under execution, and the case of Jtlaimder vs. Ghiselin,