Page:William Blackstone, Commentaries on the Laws of England (1st ed, 1768, vol III).djvu/30

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HE remedies for private wrongs, which are effected by the mere operation of law, will fall within a very narrow compas: there being only two intances of this ort that at preent occur to my recollection; the one that of retainer, where a creditor is made executor or adminitrator to his debtor; the other, in the cae of what the law calls a remitter.

I. a peron indebted to another makes his creditor or debtee his executor, or if uch creditor obtains letters of adminitration to his debtor; in thee caes the law gives him a remedy for his debt, by allowing him to retain o much as will pay himelf, before any other creditors whoe debts are of equal degree. This is a remedy by the mere act of law, and grounded upon this reaon; that the executor cannot, without an apparent aburdity, commence a uit againt himelf as repreentative of the deceaed, to recover that which is due to him in his own private capacity: but, having the whole peronal etate in his hands, o much as is ufficient to anwer his own demand is, by operation of law, applied to that particular purpoe. Ele, by being made executor, he would be put in a wore condition than all