case Corbett against barn a person privy to the judgement and liable to but  not in execution may join in a hearing complaint with he who be in execution  Jones   f n b   light roll ab ld ray Com dig a hearing complaint by three  suggest that a action of battery be bring against one in London and against  the other two in Hereford be good for trespass may be lie in any county Com  dig hearing complaint by three to avoid a judgement in this court against the  say three in trespass where one of they be only take in execution upon this  judgement the other not be touch Maynard take exception to the writ and  declaration because he who be in execution ought only to have have the hearing  complaint and the other who never yet be grieve ought not to join with they  and to prove this be rely upon Henry pl f n b e pl say non allocatur for they  be party to the judgement and liable to the execution although it be never  have against they yet for their indemnity may well have a hearing complaint  and join with he who be in execution second he except against the surmise in  the hearing complaint that it be not good which be whereas one I S be sue in  the common plea for a battery croak car er p suppose to be do in London and by  verdict the the plaintiff have judgement for thirty pound damage and cost and  the say I S be take in execution for these damage and cost and afterward he  and the two other defendant be sue in this court for this battery suppose to  be do in the county of Hereford and they three be by verdict and judgement  condemned in this court and it appear that this action and the action in the  common plea be for one and the same battery and not diverse and that the then  plaintiff have acknowledge satisfaction croak car of the say judgement to I S  in the common plea and yet notwithstanding against law have sue to have  execution of the say judgement where he be satisfy for the same trespass and  hereupon the defendant demurrer Maynard now for the defendant in the hearing  complaint move that this can be surmise because the one recovery be in London  and the other in the county of Hereford it can be intend to be one and the  same battery say non allocatur for the action be transitory may be lie in what  county the plaintiff will and it be aver by the record to be one and the same  trespass and not diverse c and this be confess by the demurrer the plaintiff  be not such stranger to the record but that they may have benefit of the  satisfaction by the say record and because they be all party to the act the  law give liberty to every of they to take advantage of any one of their act  for the other discharge as if a release be to one of the trespasser and the  other have it to plead they shall take advantage thereof to discharge  themselves accord wherefore it be hold that the surmise be good and adjudge  for the plaintiff unless c