BOYD AND HANCE VS. HARRIS. 469

nulled, and the lands purchased by him again sold. by the trus-
tee appointed under the decree in this cause; and the matter
of the petition having been argued before him, the Chancellor
delivered the following opinion :

THE CHANCELLOR:

After reviewing, with the industry and ability for which he
was so pre-eminently distinguished, all the authorities upon the
question, Chancellor Kent, in the case of Thompson vs. Brown,
4 Johns. Ch. Rep., 619, stated, that it was "finally settled in
the English Chancery that upon the usual decree to account,
in a suit by one or more creditors against the executor, either
singly for themselves, or specially on behalf of themselves and
all other creditors, the decree is for the benefit of all the cred-
itors, and in the nature of a judgment for all; and all are enti-
tled, and are to have notice to come in and prove their debts
before the master; and that from the date of such decree, an
injunction will be granted upon the motion of either party, .and
upon a due disclosure of assets, to stay all proceedings of any
of the creditors at law." At one time, and until a compara-
tively recent period, this remedy would not be given unless
where a bill for an injunction had been expressly filed, against
the creditor whose action at law was sought to be restrained,
but it was subsequently held, in order to save expense, that
the executor when sued at law should be permitted upon giv-
ing notice to the creditor, to bring him in, and upon motion, to
restrain him by injunction. Paxton vs. Douglass, 8 Ves. Jm'r,
520.

In order, however, to prevent abuse by connivance between
an executor or administrator, and a friendly creditor, the prac-
tice 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 obey-
ing such other order of the court, as the circumstances of the
case may require. 1 Story Eq., sec. 549; Gilpin vs. Lady K
Southampton, 18 Ves., 459.

The late Chancellor, in the case of Hammond vs. Hammond,
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