BOYD AND HANCE VS. HARRIS. 473

now asked for, which is not merely that a judgment creditor
who has obtained his judgment in the lifetime of his deceased
debtor, and issued and levied his executions prior to that
event, shall be compelled to come in and await the proceedings
in a creditor's suit, but that a sale made under such an execu-
tion shall be vacated, and the property sold resold by the
trustee appointed in the creditor's suit.

Some stress has been laid upon the fact that Kent was a
party to the original bill filed by Boyd and Hance in 1845, and
which was subsequently to the death of Harris converted into
a creditor's suit. , But the bill to which Kent was a party, and
to which he responded, had none of the features of a creditor's
bill, and although the bill of revivor and of supplement, filed
after the death of Harris, may have given it that character,
Kent not having been made a party to this latter' proceeding,
it cannot be right to affect him with it. He answered the
original bill and consented to abide by the decree which the
court might pass upon the case made by that bill. But surely
this consent should not oblige him to submit to a decree passed
upon another bill to which he was no party, and to which he
never responded. It was the unquestionable right of Kent, if
it is proposed to bind him by the supplemental bill, to file his
answer to it, when he might, and probably would, have pro-
tested, under the circumstances, against being brought in and
exposed to the delay of a creditor's suit. He had his judg-
ment and execution levied, and would most likely have said, I
prefer to proceed upon them, to coming here and waiting the
result of this cause. That he had a right to answer the sup-
plemental bill is clear. Thomas vs. The Visitors of Freder-
ick School, 7 G. &J.,387.

It has been urged that this is one of those cases in which
the court, interposing for the good of the genera] body of the
creditors, will prevent an individual creditor from proceeding
separately to enforce his own debt. That this court has, under
special circumstances, and when the estate was in danger of
being sacrificed, in consequence of the clouds upon the title, or
conflict and confusion growing out of the number and charac-
40*