HOYE v. PENN. 15

borne pro rota; that is, by Waters, in proportion to his surplus, and
by his creditors in proportion to their several established claims.

It has been laid down as a clear law, that when a sheriff seizes
goods, by virtue of a fieri facias, to the value of the debt, the
defendant is actually discharged, though they are not sold; for the
plaintiff must depend upon his execution, and rely upon that; and
he has no further remedy against the defendant, but altogether
against the sheriff; and the defendant having lost his goods upon
an execution, which the plaintiff himself has chosen, the goods are
in the custody of the law, and the defendant discharged. Upon
similar principles, it may be regarded as a general rule in equity,
that where the property of a debtor has been sold, under a decree,
to pay his debt, and the report of the trustee, as finally ratified,
shews, that enough of the debtor's property has been taken and
sold to satisfy such claim fully, the debt, as relates to the debtor, must
be considered as satisfied; and no subsequent failure, from any
cause whatever, in collecting the full amount of the proceeds of such
sale, can justify the original creditor in again resorting to his debtor,
and making a further seizure, after his property had been thus taken
and sold to an amount equal to the debt.(d)

Whereupon it is ordered, that the several receipts or assignments
of the respective representatives of the late Charles Penn, sen'r,
be, and the same are hereby allowed in favour of the assignees
claiming under them; and, that the trustee apply the proceeds as
heretofore directed by the order of the 29th of January, 1823; and
further, that the petition of John Hoye and others be, and the same
is hereby dismissed, with costs.