case vesey against harris and his wife Hilary term car roll to know facias for  restitution of money recover on a judgement which be afterward reverse plea of  payment without hoc that he be thus far possessionatus c the traverse be on a  immaterial point and bad S C Jones Leon clift vent cro James Lut lev cro  Elizabeth strange sand Cromp prac Bac ab C6wp term Rep to know facias whereas  the wife dumb sola to be recover in the king bench in a action on the case l S  d for damage and cost and have execution of those damage and yet be thereof  possess and whereas afterward the say judgement be by a writ of error remove  into the exchequer Chamber and there reverse and restitution award and  afterward she take the say Harris to husband the plaintiff thereupon bring  this writ to have restitution the defendant plead that after the reversal have  and before the purchase of this writ he pay to the plaintiff the say debt and  cost of l S d without hoc that they be possessionati of the say money prout  the plaintiff hereupon demurrer because the plea and traverse be both ill and  now it be argue at the bar by calthrop for the plaintiff and by Germin for the  defendant Richardson chief justice Jones and myself hold that the plead of the  payment be ill because it be ground and affirm against the record and a  payment be against matter of record can be a discharge unless by matter of  record and as in a to know facias to have execution payment be no plea in  discharge thereof no more be it in a to know facias to have restitution and it  appear by the yearbook Henry pl and Henry pl that it be much doubt whether if  levy by the sheriff upon a become facias be good plea and at length it be rule  to be good because it be ground upon the become facias award which he can  withstand and in reason therefore it shall then be allow a a much strong a  bare payment be no plea and if it be a plea yet as it be plead it be not good  for he do not rely upon it but traverse that which be immaterial a videlicet  without hoc that he be possessionatus c which be idle allege and not material  or traversable and by his traverse be waive his plead of the payment croak car  which be special show for cause of demurrer the demurrer be good and judgement  shall be against the defendant Berkley justice hold that payment have be a  good plea if he have rely thereupon because he aver that thereby the party be  satisfy and in diverse case matter in fact may be plead in discharge as in  debt upon a escape be may plead that the plaintiff command he to let he out of  execution and such like c but as to the traverse he conceive it ill and  therefore agree with the other justice that judgement shall be give for the  plaintiff and it be adjudge accord a by Ann c no exception shall be take to a  immaterial traverse unless show for cause of demurrer croak car er p