470 HIGH COURT OF CHANCERY.

2 Bland, 362, 36 , said, that though the court when asked for
such an injunction, might look into the answer of the executor
or administrator and see what amount he admits to be in his
hands, or order him to make an affidavit of the amount, and to
bring the money into court, yet that it is not an absolute rule of
the court to refuse an injunction for want of such an affidavit.

It is also regarded as settled practice, that the power of this
court to grant injunctions to restrain creditors from proceeding
at law, after this court has passed a decree to account, and
thereby assumed the administration of the assets, is not con-
fined to cases in which the application for its interposition is
made by the executor or administrator; but, it extends to ap-
plications made by the heir or by another creditor, or a com-
mon legatee, or perhaps by a residuary legatee. 3 Daniel's
Ch. Prac.,1835.

It is therefore supposed, that the court has the power, at the
instance of the petitioners, E. H. Merrill and others, and in a
proper case would exercise it, to restrain a creditor from pro-
ceeding upon judgments against the administrator of the de-
ceased Alexander Harris.

[Having made these preliminary remarks, the Chancellor pro-
ceeded to state the nature of the case, after which he con-
tinued:]

It is believed that no case has been decided which would
justify the court in granting the relief asked for by this petition,
and that it is not warranted by any established principle of
law or equity.

I am not prepared to go to the extent of saying, that this
court may not, after the usual decree for an account, or quod
computet, in a creditor's suit against the executor, or after a
decree for the sale of the real estate upon such a bill—by
which the court assumes to itself the general administration of
the assets of the deceased debtor—compel a prior judgment
creditor to come in and share the fate of the other creditors,
when such prior judgment is de bonis testatoris simply.

In the case of .Lee vs. Park, 15 Eng. Cond. Ch. Rep., 715,