§  1504. Upon  the  same  principle,  a  jointress  is  entitled  to
protect  herself  against  the  discovery  of  her  jointure  deed,  if  the


ttis  Court  to  the  same  protection  against  judgments  as  other  equitable  claim-
ants. In  the  argument  of  this  case,  both  parties  referred  to,  and  drew  conclu-
sions from  the  proposition,  that,  in  a  Court  of  Equity,  a  purchaser  for  value,  who
obtains  a  conveyance  of  the  legal  interest  without  nq|ice  of  an  equity  affecting
the  specific  subject  of  his,  purchase,  will,Mi  Equity,  as  at  law,  have  a  better  title
to  that  subject  than  the  mere  equitable  claimant. The  proposition,  thus  ad-
mitted, and  necessarily  admitted,  by  both  parties,  is  pregnant  with  consequences
which  go  a  great  way  towards  deciding  the  question  now  before  me. If  the
tenant  by  elegit  is,  (as  was  argued,)  to  be  considered  as  a  purchaser  for  value
without  notice  under  a  conveyance,  aU  trusts  and  all  equitable  interests  of  every
description  must  be  subject  to  the  judgments  against  the  trustee. For  a  pup-'
chaser  for<»value,  without  notice  from  a, fraudulent  trustee,  having  got  the  legal
estate,  will  unquestionably  be  preferred  in  Equity  to  the  cestui  que  trust ;  and
it  appears  to  me  to  be  impossible,  except  by  a  merely  arbitrary  decision,  to  dis-
tinguish the  case  of  an  ordinary  trust  or  other  equitable  interest  from  the  pres-
ent,, in  considering  merely  the  effect  of  a  judgment  upon  it,  unless  it  can  be
shown  that  the  interest  of  the  equitable  mortgagee  is,  for  the  present  purpose,
distinguishable  from  that  of  an  ordinary  cestui  que  trust. Again,  it  follows  con-
versely, that,  if  the  equitable  interest  of  an  ordinary  cestui  que  trust  or  any
other  equitable  interest,  is  not  subject  to  judgments  Sgainst  the  trustee,  though
executed,  then  thosi  judgments,  though  executed,  are  not  analogous  to  pur-
chases for  value. In  other  words,  the  judgment  creditor  of  a  trustee  is  not  a
purchaser  for  value  in  the  contemplation  of  a  Courf  of  Equity. The  proposi-
tion that  a  judgment  creditor  is  a  purchaser  for  value,  would  prove  too  much  for
the  defendant's  purpose. It  would  affect  all  equitable  interests  alike. 