briton versus coal vide post I salk Mod c cattle of a stranger levant and  couchant on land of a person outlaw take and sell on a to lift up facias if a  request b to take good c a be a trespasser trespass for take fortytwo sheep  and two lamb the defendant justify by virtue of a writ of leveri facias upon a  outlawry direct to the sheriff who there Comberbach er p upon make his warrant  to Anthony Powel and Joseph Powel and because the say fortytwo sheep and two  lamb be then upon the land c levant and couchant the defendant to seek Anthony  Powel and Joseph Powel to take they ad fiend de return exit make super quo  pillage Johannes Powel and Joseph Powel take they c the plaintiff demurrer the  point in law be whether the cattle of a stranger may be take and sell by the  sheriff upon a to lift up facias but shower and Northi pro quer move several  exception to the plea that the defendant here plead only the writ of to lift  up and the execution thereof which be indeed sufficient to justify the officer  but a stranger who command the bailiff to do execution ought to set forth the  outlawry c it do not appear that the writ be deliver to the sheriff nor the  warrant to the office I sand this plead deliberate   Entr Comberbach here be a  resquest to Anthony and Joseph to who the warrant be direct super quo John and  Joseph take they whereas John be not name before so that here be no trespass  confess as there ought to be before it call be justify to the first holt Ch I  say there seem to be a difference between one that come under the officer and  one that set the officer on work as if there be no judgement the officer be  safe but not the plaintiff who set he on work if judgement be set aside for  irregularity the officer be safe but not the plaintiff who intermeddle for  which he cite the case of turner and Felgate year side S c if there be  judgement against one that be no tertenants the demandant that recover be a  seize but not the sheriff so perhaps here you shall not only show that there  be a process but also that there be a outlawry if there be judgement against a  casual ejector and execution thereupon this a good warrant to the sheriff yet  if the plaintiff enter trespass lie against he if he have real no title to the  second it be plain enough that the writ be deliver to the sheriff though that  have be hold not necessary to be allege I sand and I think the delivery of the  warrant to the bailiff be not necessary if coal himself take out the warrant  and tell the bailiff he have such a warrant but it be at home and request they  to execute it if they do it the warrant be good a swear and know bailiff needs  not show his warrant Northi object then six bailiff may execute a become  facias in six several place at once and shower say what if a bailiff arrest a  man de son tort and there happen to be a warrant seal d mile off holt if a  second writ come to the sheriff though the bailiff have no notice of it yet if  he discharge the prisoner upon the first writ this a escape in the sheriff  therefore let they take care now they make so many deputy there ought to be  inquiry make at the sheriff S office before any prisoner be discharge to the  three as to John it be surplusage so then here be a command to a and b to take  cattle super quo b and c take they if a writ be direct to two joint I doubt  whether one may execute it be true if a warrant be direct to four joint and  several two may execute it Inst b but this case differ for here perhaps the  sheriff will not trust one bailiff wright sergeant if a writ be direct crowner  yet one of they may execute it holt in Norfolk there be two coroner the one  substantial the other poor who arrest a man without the other privity and he  escape debt be bring against both and I by consent of party sign a bill of  exception to save the Comberbach charge of a special verdict and I hear it  have be argue in c b this very difficult and very hard for I fear if execution  by one be execution by both the escape will be so too this mischievous at  another day he say the require of the bailiff be a confession of the trespass  but the justification be ill for the writ justify only the officer and those  that come in aid of he but to shower and Northi this be a hard case when you  see the merit be against you to take advantage of a slip I will bear you to  the point in law sir Barth shower pro quer the cattle of a stranger in the  king own land jure Coronea can be seize much less where he be not entitle to  the land but only to pernancy of the profit bro utlagary h h the king can be  ill a better condition than the subject will have be though he have better  mean to recover his right bro issue cro Stafford versus Bateman roll SC h bro  PreTrog SC in point Comberbach er p the word issue must mean the same thing  with rend and profit though the cattle do eat up the profit it do not follow  that the party shall lose they but only that the king shall have a remedy for  the trespass if I agist my cattle upon another S land I hire the land for that  time and he be entitle to the rend and when the king be entitle by outlawry be  come in the party S place and ought to have the rend it have be a question  whether the king can distrain for a amerciament cro Gomersal S case Yelv SC  but be can sell commissioner of sewer may sell a distress Allen comb versus  Cheney but not the cattle of a stranger sty WhitLev and faucet die more and  several interest of the king be enumerate that of profit of land of one outlaw  as of land of a fugitive c but in none of those case can the beast of a  stranger be sell if the cattle come rightful the king be entitle to the rend  if wrongful trespass lie some of the baron and practiser of the exchequer say  the course of that court be with I but the practice of sheriff do not make the  course of the court solicitorgeneral pro to ward off this have be frequent  practice and not complain off if the cattle of a stranger may not be sell the  king will make little of land extend for the sheriff can manure they himself  the issue be in all respects nobilia of the person per stat Westminster cap  but here the writ be not to levy issue of the person outlaw but of the land in  the case of a custom to take the beast of any person for a heriot that can be  good at first by reservation and therefore not good by custom for the  agreement of Comberbach lord and tenant can bind a stranger Inter sergeant  Stroud and merry merry be outlaw and his land extend the sheriff take the  beast of a stranger and will have sell they for the full value I move the  court of exchequer and it be grant that upon payment of the extend value the  cattle shall be discharge and it be say so be the course holt Ch I he only  justify the take and carry away by virtue of a to lift up facias no sell  mention shower this to levy which can t be without sale now whether prima  fancy they shall not be take to be the cattle of the tenant which be issue and  so the sheriff may be justify d and the party put to make his title the course  of the exchequer be to levy de exit terrae any cattle find there be prima  fancy issue this be not like a to lift up facias for a subject at the  commonlaw but this levar fac de exit terrae whether they may be sell if the  king be entitle by a false office the officer be justify d if the person  outlaw make a lease before his outlawry the cattle of the lessee for year be  not seisable but then he ought first to plead his lease or that it be find by  inquisition else his cattle be seisable and the officer be justify but quaere  whether he may falsify in a collateral action since stat e admit they be not  sellable may not the party plead it Turton I the sheriff be charge with the  extend value and be can discharge himself otherwise than by swear that there  be nothing upon the land whereby c and then this charge to the next sheriff  holt Ch I where tenant for life forfeit issue and die they shall be levy upon  he in reversion dr and Stud that be a hard case too sir Barth shower how shall  a stranger come and plead or get his money out of the exchequer when his beast  be sell or if restore how shall the sheriff come off holt to stick fast people  must have a care who they deal with it be of great consequence Adjournatur per  holt when bail be give in a inferior court and judgement there and a writ or  error bring this suspend all against the bail but when judgement be affirm  here then all be let lose again against the bail vide ante