Adam against broughton in trover the defendant discharge on common bail the  plaintiff have recover in another action of trover for the same good against  another person for that judgement alter the property of the good see SC Str e  r with note a action of trover be bring by the present plaintiff against one  mason wherein he obtain judgement by default and afterward have final  judgement whereupon a writ of error be bring and another action of trover be  now bring by the same plaintiff and for the same good for which the first  action be bring against Broughton it be thereupon move by solicitor general  strange on a affidavit that the good convert amount to more that that the  defendant may be hold to special bail and he compare this to the case of a  endorsee of a bill of exchange who may bring Andrews a action both against the  drawer and endorse and hold there both to bail and he cite the case of Wyndham  and wither and Wyndham and trull a east geo where upon a motion to stay  proceed it be hold that a endorsee of a bill of exchange may bring a action  thereon both against the endorse and drawer and the court be only to see that  the plaintiff have but one satisfaction so here the plaintiff may sue both  mason and the present defendant and be entitle to the same process against the  last as if the action have be bring against he only and he urge in answer to a  objection make by page just that by a judgement obtain by the plaintiff in  trover the good be become the defendant that a special property only be  thereby vest in he and in the present case it be evidence only of a property  as between the plaintiff and mason but not as between the present party but  per cur lee c j absent the property of the good be entire alter by the  judgement obtain against mason and the damage recover in that first action be  the price thereof so that he have now the same property therein as the  original plaintiff have and this against all the world and therefore the  motion be deny Mr clive Jun for the defendant urge that the plaintiff be not  entitle to special bail because then he will have bail upon bail a stram