case Hollingworth against askew easter term Elizabeth roll a statute staple by  two obligors which be void as a statute for want of the formality require by  the Act of parliament may he sue against one obligor in a action of debt as on  a bind ante post more gold I Lut sand side vent Mod strange Peer will sheep  touch ante   a ante   light a debt upon a obligation of the defendant demand  oyer and upon entry in hcoc word it appear that it be a statute staple of  acknowledge by tl e defendant and two other before the mayor of Lincoln but  because the seal of Lincoln annex thereto be not a seal of two piece accord to  the form of the statute of Acton Burnell it have be rule before betwixt these  party that it be not a statute staple but void as a statute staple wherefore  he now broughthis action of debt as upon a obligation at the commonlaw and it  be hereupon enter the defendant plead that it appear that two other be bind  joint with he who be yet alive and not name judgement si action c against  himonly upon this plea it be demurrer Harris Seriee nt argue for the defendant  that the writ shall abate because they three be joint oblige and none of they  without the other can he sue as Henry and Elizabeth be also debt can be bring  upon this statute for be void as a statute it can be bring as upon a  obligation and debt lie not upon a statute staple as appear by Edward Edward  debt Owen justice hold that the action lie for he do not declare upon the  statute but he declare that he be bind by obligation and when you say that you  and two other acknowledge a statute unto he that be not any answer unto he  also the plea be not in abatement because it be not aver that the other two do  enseal croak Elizabeth and deliver it as their deed for otherwise it shall not  he intend but that the now defendant seal and deliver it only and so be the  course of plead as appear in Henry and Elizabeth Heaumond accord in omnibus  for a defendant shall not take advantage of a joint bind unless he aver that  the other deliver it also and that debt livre es upon a statute or it be  extendible at the election of the party Walmsley the statute comprise two  thing by the word tener Elizabeth to bind up it be a obligation by the word to  go away qubd to lift up de terris it be a statute whereupon debt may he bring  Anderson chief justice debt may he bring upon a statute staple or merchant for  the word obligar Elizabeth tender make it a obligation although it he not a  statute to some intent and by delivery of the party it be a obligation but not  a statute until the mayor hand he thereto and a delivery may he without word  of delivery as it have be adjudge that one make a release and cast it upon the  table and say there this will serve this be a good delivery and to aver that  the other two deliver it he conceive it to he needless for it shall he intend  to he so if the plaintiff do not show the contrary wherefore c et  adjournatur But afterward in the next term it be adjudge for the plaintiff  that debt well lie upon the statute as upon a obligation and it shall not he  intend that the other seal it without averment c and a writ of error be bring  which be yet depend a