cccxxi offley and SALTINGSTON and pain case escape Offley and Saltingston late  sheriff of London bring a action upon the case against pain because that he be  in execution under their custody for fifty three pound in which he be  condemned at the suit of one spicer make a escape the debt not satisfy by  reason whereof they be compel to pay the money the defendant confess all the  matter but further plead that after the escape spicer have acknowledge  satisfaction be after the escape upon record of the sum recover upon which  there be a demurrer Owen sergeant argue that the acknowledge of satisfaction  be after the escape be not any plea for when the plaintiff sheriff have pay  the money recover there be no reason that spicers acknowledge satisfaction  shall stop to the sheriff of their remedy against pain it be hold by the  justice that the plaintiff in this action ought to show that they have be  implead by he who recover for they can have this action before they be sue for  perhaps the plaintiff who recover must be content to hold themselves to the  defendant and to be satisfy by he it be say by Glanville sergeant that by the  escape the debt be cast upon the sheriff and the defendant discharge and that  it be the case of sir gervas Clyston who be sheriff suffer he who be in  execution and in his custody to go and see a play and the same be adjudge a  escape and the party can not be in execution again and then he say that this  acknowledgement of satisfaction can not be any bar to the plaintiff at another  day the case be move again and then it be the clear opinion of the whole court  that the action be maintainable although that the plaintiff in the first  action have acknowledge satisfaction and it have be adjudge here in this court  in the case betwixt hill and hill that notwithstanding such satisfaction that  the action lie see f n b b for the payment after do not take away the action  but mitigate the damage only for the act of three person shall not take away a  action once vest cro Leonard mich Elizabeth in the king bench