case ex part TITNER January the that h a silkman and f a dealer in coal be  partner in both trade they afterward dissolve the partnership and f give h a  release of all demand and take upon he the payment of the debt due from the  coal trade and h the debt from the silk trade and the respective debt be  assign accord h die and a commission be take out against f and the messenger  attempt to seize the effect of h in the hand of his representative be oppose  and turn out of possession the assignee petition complain of the force upon  the messenger haycock a silkman enter into partnership with Francis a dealer  in coal to be mutual partner in both trade some year afterward they agree to  dissolve the partnership and at the time of the dissolution upon the balance  of account Francis give haycock a release of all demand and take upon he the  payment of debt due from the coal trade and haycock the payment of the debt  from the silk trade and the respective debt be assign accord haycock die and  soon after his death a commission of bankruptcy be take out against Francis  and by virtue of a warrant of seizure the messenger under the commission  attempt to seize the effect of haycock in the hand of his representative who  oppose the messenger and turn he out of possession a petition be prefer by the  assignee of Francis complain of this force upon the messenger atkins Lord  chancellor be of opinion that by virtue of the release from Francis to haycock  the whole property of the silk trade from the dissolution of the partnership  vest in haycock and that the assignee can stand in no better light than  Francis himself who have relinquish all his claim and therefore that the good  of haycock ought not to have be seize at all under the commission against  Francis but though the take of these good by the messenger wag illegal yet the  turn he out of possession by force can be justify for the owner of the good  ought to have assert his right by a due course of law however the evidence on  the part of the petitioner be so slight that it do not by any mean support the  charge and therefore his lordship dismiss the petition with cost