case Dennis against John pain senior Hilary term car roll a retraxit enter in  a action of debt on bind against one of two joint and several obligors can be  plead in bar to a second action on the same bind say quaere ante S C Jones SC  march   light a Dalison Carth salk Com dig Cromp prac Mod ld ray debt upon a  obligation of eighty pound the defendant plead that the plaintiff in the court  of pool be a court of record have bring debt upon the same bind against John  pain junior wherein John pain senior and John pain junior be joint and several  oblige with condition for the payment of forty pound that after a plea plead  the plaintiff enter a retraxit and the defendant aver that it be the same  obligation and that the say John pain junior name in the bind and the say John  pain against who the retraxit be be one and the same person and demand  judgement if against this retraxit he ought to sue c and upon this it be  demurrer Whitlock for the defendant argue that this retraxit be in nature of a  release and quasi a release as it be in Beechers case a and a release to the  one obligor be a discharge to the other and if one obligor be make executor to  the obligee it be a discharge for all the obligors so if a feme obligee take  one of the obligors to husband it be a discharge to they all roll for the  plaintiff argue that it be a bar only by way of estoppel betwixt that obligor  and the obligee whereof no other person shall take advantage and it be not any  release in facto but only quasi a release and that this plea be no bar for the  other obligor I incline to that opinion that it be neither a release in fact  nor in law but quasi a agreement that be will no further prosecute and it may  be the say John pain junior pay the moiety of the say debt and the obligee  agree to accept it of he and that he will no further proceed against he and be  joint and several bind be may make such a agreement and not discharge the bind  but Berkrey hold that the plea be good and be a good bar for it be a bind  joint and several and one of they be discharge it can now be a joint bind  therefore the discharge quoad the one be also a discharge quoad the other but  be no other justice in the court it be adjourn