anonymous change neighborhood be empitoni but exchange be the original and  natural way of commerce precedent to buy for there be no buy till money be  invent now in exchange both party be buyer and seller and both equal warrant  and as this be a natural rather than a civil contract so by the civil law upon  a bare agreement to exchange without a delivery on both side neither of the  party can have a action upon such agreement as they may in case of sell but if  there be a delivery on one side and not of the other in such case the  deliverer may have a action to recover the thing which he deliver but he can  have no action to enforce the other to deliver what he agree to deliver and  which the deliverer be to have in lieu of that thing which he deliver to the  other Salkeld in exchange of land the word exchange be necessary in the  conveyance because it import a special warranty in respect of the mutual  consideration of the land exchange it be likewise necessary that the estate of  both party be equal in title as if one have a estate in fee the other must  have the like estate but if be not necessary that their estate shall be equal  in value adjudge that if g d exchange five acre with W n and afterward the say  W n be evict of one of those five acre which he have in exchange the whole be  defeat and W n may enter on his own again such e turning if g d be evict of  one of his five acre execution the plaintiff may take out execution against  the bail and if they pay part of the money he may discharge they and take  execution against the principal for the rest but he can proceed against the  principal till the bail be discharge a judgement against four defendant if  afterward three surrender themselves the bail be still liable but if the  plaintiff take three in execution the bail be not liable because in such case  they can bring they in upon a be made fa the defendant may pay the money to  the sheriff and may plead that it be levy but if he be in execution he can pay  it to the sheriff and plead it to a new action of debt neither can he pay it  to the sheriff if he be take upon a can sa because he have no authority to  receive it the plaintiff obtain a judgement for and bring a elegit and levy he  can have any other execution but he may have a action of debt upon the  judgement for the residue of the debt because it be not satisfy and the elegit  be only by the statute as a far remedy and in the principal case the extent be  only of a term for year the elegit be execute but as a become facias Salkeld  where good be take in execution the property of the first owner cease by the  seizure if a prisoner escape who be in execution his creditor may retake he by  a can sa or bring a action of debt on the judgement or a to know facias  against he for he have still a interest in the body as a pledge for the debt  where a be made fa be deliver to the sheriff to levy and he take a entire  thing in execution videlicet a horse worth and sell it for so much and return  that he levy the he may retain the other till the defendant demand it for be  the sheriff be not bind to look after the defendant but if on afi fa for I be  levy five ox worth each of they and sell they for so much the defendant may  have a action of trespass against the sheriff a in Com dig execution h the  same authority be refer to as follow if he take execution against the bail and  have satisfaction he shall not afterward have execution against the principal  otherwise if he have not have satisfaction against the bail for then he may  resort to the principal Salkeld er p