Clarke v. Webb and Others, 2 Hen. & M. 8

PER CURIAM. The rule of law as laid down by the Supreme Court in the case of Braxton v.

Winslow, 1 Wash. 31, is well understood and admitted, that, at law, the security of an executor shall not be made liable for a devastavit committed by his principal, until it has been fixed upon him by a suit: but, although this be the case, at law, yet, surely, a creditor, after a judgment and the return of an execution, ‘ ‘no effects,” may either proceed against the executors for a devastavit, according to the rule laid down in that case, or may bring his bill in equity to have a discovery of the assets: and such is the present case.

The court should therefore entertain the cause, and settle all disputes between the parties: but, to do this, all the parties, (however remotely concerned in i^erest,) against whom a decree can be rendered, must be before the Court; and therefore, it was right, in this case, to make Judge Uj’ons a party. His demurrer must be overruled; and he must be directed to answer. Surely it is unnecessary to cite authorities to prove such plain principles.