burton and bad how far a writ of extent shall be say to be legal or not in  ejectment try before Mr baron price at Nottingham assize a special verdict be  find to the effect follow the jury find that Roger Altham doctor of divinity  seize of the land in question in right of his prebendary on the that of June  demise the same to sir William owsley Bart for three life and on the that of  march sir William owsley mortgage the same to whether Robinson and the say  whether assign the same to John green lessor of the plaintiff but the jury far  find that on the that of June three day before the lease make to sir William  owsley sir William owsley acknowledge a statute staple to sir William Jolliff  on the that of march follow sir William Jolliff sue out a extent against sir  William owsley and on the that of may a inquisition be take upon it on the  that of the same instant a liberate issue direct to the sheriff of Stafford  who return a seizure of the good and land of sir William owsley in pursuance  of it on the that of December follow another writ of Barnardiston king b er p  extent issue by sir William Jolliff against sir William owsley direct to the  sheriff of Nottingham upon which a inquisition be take the that of that month  and in pursuance of a liberate the land in question be deliver to sir William  Jolliff the d of October Geo sometime after this sir William Jolliff prefer a  petition to the Lord chancellor desire liberty to enter a prayer of the second  extent of the same day which the first be and on the saint of January Geo the  chancellor make a order that sir William Jolliff shall enter such prayer as he  shall be advice accord this prayer be afterward enter and under the second  extent the defendant claim on behalf of the plaintiff Mr Abney submit it that  upon this record there unquestionable appear a good title in the plaintiff  unless it be defeat by a prior one in the defendant but to make the defendant  title good it be necessary the extent shall be show to be legal which he  conceive be far otherwise he do agree that two extent may be take out in  different county at the same Barnardiston king b time but otherwise where one  extent be take out first of all and afterward another all the good and land  that be take upon the first extent must be evict and likewise a to know facias  take out before the second extent can be make good and for this purpose he  cite Roll s Rep cro cro side and lev he do agree that the design of the order  be to supply this defect by enter the prayer of both the extent as of one and  the same instant but he conceive this order to be absolute illegal the chief  justice say that this court can not inquire into the legality of that order in  a collateral action if the order be wrong it ought to have be set aside in a  proper manner he say the court can only consider the prayer of the extent as  it stand upon the record and compare it to the case of a judgement enter nunc  pro tunc the rest of the court be of the same opinion accord judgement be give  for the defendant