BOYD AND HANCE VS. HARRIS. 471

the master of the rolls refused, under the special circumstances
of that case, to restrain the creditor from issuing execution
upon his judgment de bonis testatoris, et si non, de bonis pro-
priis, as to costs, rendered before a decree against executors
to account. But it is clear that the refusal was not upon the
ground that such was the invariable course of the court, and
one or two cases are referred to in which prior judgment credi-
tors had been so restrained from proceeding upon their judg-
ments.

And in the case of Hammond vs. Hammond, 2 Bland, 362,
the late Chancellor said, that if a bond creditor has got a judg-
ment against the executor or heir before the decree, then after
the decree, although such creditor may come in and prove as a
judgment creditor against the real or personal estate, yet the
court will, on application, grant an injunction to prevent him
from taking out an execution against the assets.

But the case now under consideration is radically and widely
different from any of those referred to in the argument. Here
the judgments were rendered against the deceased debtor in
his lifetime, and executions upon them were issued and laid
upon the property afterwards purchased by Kent, also before
the death uf Harris.

These judgments, it is true, were afterwards enjoined, upon
a bill filed by Harris, but upon the dissolution of the injunction
in October, 1848, nothing more was necessary, to authorize the
sheriff to sell, but writs of venditwni exponas. The lands are
to be regarded as in custodia legis, and the subsequent death
of Harris interposed no obstacle to the proceedings of the
sheriff.

The case of Hanson vs. Barnes Lessee, 3 G. & J., 359,
is conclusive to show, that notwithstanding the death of Harris,
after the execution had issued and been levied, a scire facias
against his heirs or terretenants was not necessary, and that a
sale under such process passed the title to the purchaser. In-
deed, the case of Hanson vs. Barnes goes beyond this, because
the sale in that case was decided to transfer the title, though
the execution had not been levied before the death of the