Huggard CJ:

This was an application by Muthia Pillay, claiming as a creditor of the estate of Tan Kong Liang deceased, for an order that the Receiver appointed in this action by way of equitable execution be ordered to pay to the Applicant the amount of the Judgment and costs (together with interest) obtained by him against the Defendant in Suit No. 709 of 1921.

The application came before Mr. Mills J who made no order on the application except as to costs.

From that decision the applicant has appealed.

The success or failure of this appeal depends on whether the Judgment obtained by the Appellant in 1921 affected the estate of Tan Kong Liang deceased or whether it was merely a personal Judgment against the Defendant Tan Kah Chiat.

The facts are these: In Suit No. 709 of 1921 the present Appellant sued the Defendant for balance of principal and interest due on a promissory note made and executed by the Defendant.The Writ was directed to Tan Kah Chiat, administrator of the estate and effects of Tan Kong Liang deceased and it bore the endorsement - "The defendant is sued as the administrator of the estate and effects of Tan Kong Liang deceased.

The Defendant failed to enter a