brown sir robert clerk appellant george more respondent that November a and b  joint confess a judgement to c for pound and afterward file a bill against he  to set it aside as unfair obtain and for a injunction in the mean time c have  get a order for time the injunction issue of course but on put in his answer  he move to dissolve the injunction and be tell it be dissolve he take b in  execution upon the judgement but be afterward inform that the plaintiff by  fill exception to his answer have continue the injunction he immediate  discharge b out of custody the judgement be joint it be insist that the  discharge of one from the execution operate at law as a discharge of both and  therefore a and b bring a hearing complaint in b r to be relieve against the  judgement upon the ground of such discharge but on a bill file by c the court  decree he the whole pound with his cost both at law and in equity and order a  perpetual injunction to stay all proceed on the hearing complaint decree of  the court of chancery affirm salk Carth on the that of march one Henry pain  together with sir Simon Foxon become bind to the respondent in a bind of pound  penalty condition for the payment of pound and interest but the money not be  pay the bind be put in suit against pain who be sue to a outlawry be arrest  thereon in Trinity vacation and have turn himself over to the fleet prison the  respondent obtain judgement against he in the court of common plea for pound  debt beside cost of suit in easter term when the respondent be just go to  charge pain in execution upon this judgement which if he have then do he will  probable have recover his whole debt the appellant interfere and desire the  respondent not to charge pain in execution during that term allege that if he  do it will not only be of great prejudice to pain but also to the appellant  himself because he be then engage in several affair at court of great  advantage to the appellant and by which pain will get money enough to pay the  whole debt and as a far inducement for the respondent compliance with this  request the appellant propose in the presence of one Ambrose the respondent  then attorney to pay the respondent pound in part of the say debt in a little  time if he will forbear charge pain in brown execution upon the judgement and  on this promise and undertake the respondent be prevail upon to delay the say  execution for all that term but the term expire and no part of the pound be  pay application be make to the appellant by one peel his own attorney for the  payment of this money whereupon the appellant give the say peel a letter to be  deliver to the respondent date the that of may in the follow word videlicet Mr  peel Mr pain desire till the day after midsummerday for payment of the pound  and upon that day if not before I will see it perform for the rest he will do  all along as Mr more and I can agree he present his service to Mr more and  thank he for this civility and assure he he will serve he as much as this I  have great reason to believe I shall end the whole affair much soon than you  can expect pray give my service and thank to Mr more for his civility to my  friend you r clerk notwithstanding this letter the money be not pay but the  respondent be from time to time amuse with fresh promise so that he be prevent  from take out execution during the whole of Trinity term and the long vacation  follow in Michaelmas term however the respondent patience be quite exhaust he  cause pain to be charge in execution upon the judgement who thereupon procure  himself to be turn over to the king bench prison from whence he soon afterward  find mean to escape and have for some time conceal brown er p himself at the  appellant house in Northamptonshire he go from thence accompany by one of the  appellant brother to the border of Scotland and afterward take up his  residence in France the respondent be inform of this escape bring his action  against William Lenthall Esq the then marshal of the say prison and obtain  judgement for pound beside cost and this judgement have be affirm on a writ of  error the respondent sue out a elegit thereupon and under that execution he  receive by the sale of lenthall household good and stock the rest of his  estate be cover by a prior mortgage pound S d which after a deduction of the  sheriff fee etcetera be reduce to pound S d the appellant still neglect to pay  the pound accord to his promise the respondent in October cause he to be  arrest whereupon he send for the respondent and assure he that he will pay the  money by the first day of the then next Hilary term and in the mean time free  and voluntary offer that he and peel his attorney will execute a warrant to  confess judgement for the whole sum the respondent decline accept this offer  till he have advice with Ambrose his attorney which have do he the next day  agree to it and thereupon the appellant and peel execute the warrant and  judgement be accord enter for pound debt beside cost the appellant be  forthwith discharge from the arrest brown the pound not be pay at the time  limit the respondent sue out a capias ad to give satisfaction against both the  appellant and peel upon the judgement but before either of they can be take  they in easter term file their bill against the respondent in the court of  chancery pray that the judgement may be set aside as have be obtain unfair and  for not real consideration and that in the mean time the respondent may be  restrain from sue out execution thereon the respondent not have answer in time  a injunction issue of course but after the answer be file a motion be make for  dissolve the injunction and the respondent be inform that it be dissolve give  order to the sheriff officer to take peel in execution upon the judgement  which be accord do the respondent however be afterward tell that the plaintiff  by fill exception to his answer have continue or revive the injunction before  peel be so take in execution and that thereby the respondent have be guilty of  a contempt of the court he immediate on receive this information give the  follow order both to the sheriff and the officer videlicet whereas you have in  your custody the body of Mr Peter peel at my suit by virtue of the within  warrant and there be a injunction serve on I by the defendant I desire you to  set he at liberty for which this shall be your sufficient discharge and  warrant give under my hand this that of may George more in consequence of this  order peel be discharge out of custody and the respondent pay all the expense  soon afterward the appellant take a unfair advantage of this transaction for  the judgement be joint against himself and peel the discharge of the one from  the execution operate at law as a discharge of both and therefore he bring a  hearing complaint in the court of king bench to be relieve against the  judgement upon the ground of peel be so discharge the respondent therefore on  the that of February file his bill in the court of chancery against the  appellant and peel for a injunction to stay the appellant proceed upon the  hearing complaint and to set the same aside also to have liberty to proceed  upon the say judgement or to be decree a satisfaction for the principalmoney  and interest due thereon the defendant several answer this bill admit the fact  therein state but the appellant contend that the discharge of peel be a  discharge of himself and peel admit that he have pay the respondent no money  and that the proceed on the hearing complaint be without his privity peel  afterward die the suit be revive against his administrator but the progress of  it be great delay by the appellant neglect to proceed in the suit institute by  he to impeach the validity of the respondent judgement a order be therefore  make on the that of July that both the cause brown shall be hear some time in  the then next Hilary term and both side be by consent brown er p to appear  gratis to hear judgement on six day notice to their respective clerk in court  but one cause be not to hinder the other the appellant notwithstanding this  order neglect to set down his cause for hear so that the respondent cause be  hear separate on the d of June before Mr justice Eyre in the absence of the  Lord chancellor Cowper when the court declare there be evidence that there be  a note give by the defendant sir Robert for pound and that he be arrest  thereon and give judgement and therefore the defendant be decree to pay the  plaintiff the pound penalty of the say judgement together with his cost both  at law and in equity but peel administrator be not to be oblige to pay towards  the same more than the asset of peel come to his hand will extend to satisfy  and a perpetual injunction be award to stay all proceed at law on the hearing  complaint from this decree the defendant sir Robert appeal insist t Lutwyche W  peer William that he never be indebt to the respondent in any sum of money  whatsoever nor be he in any manner legal liable to answer the debt of pain  that the foundation of the decree seem as if the appellant hard give a note  for the say pound when in truth he never sign any such note nor be the same  prove in the cause as to the objection that it be against equity to insist  upon the discharge of the judgement by the hearing complaint because peel be  only discharge in obedience to the court of chancery it be say that the  appellant by his answer do not insist upon the discharge by the hearing  complaint otherwise than to have it examine whether any thing be due from he  at the time of give the judgement and therefore he offer by his answer to try  that matter at law and as to the not prosecute his own bill he have no reason  to do it for the purpose of be relieve against the judgement because he have  the law with he in regard therefore that it be now upward of twentysix year  since the say judgement be unjust extort from the appellant and about twenty  since the respondent file his bill which he never think fit to bring to hear  till the d of June and as the judgement be obtain without any just foundation  of a debt the appellant hope that the decree will be reverse and the bill  dismiss with cost or if there shall be any doubt whether the appellant be  indebt to or liable to pay the respondent pound at the time of the judgement  he be Willing to submit to a trial at law upon a issue to be direct to  determine that matter on the other side it be contend r Raymond S mead that it  will be very hard if the respondent submission to the authority of the court  of chancery shall be the occasion of his lose the benefit of the judgement and  it be high equitable that the court of chancery shall exert its authority in  support of the respondent right against the appellant attempt to extinguish a  just demand by brown take advantage of the respondent obedience to a  injunction of the court that the pound decree to the respondent be all the  satisfaction he be ever like to have for the say debt of pound as the  execution against Lenthall do not reimburse the respondent the charge which he  have be at in the suit against he and pain and that all the delay in the case  have be occasion by the appellant who keep the respondent back from proceed to  hear his cause under a pretence that he can not get forward in his own cause  when at last it appear that the appellant have not the least equitable  foundation for relief after hear counsel on this appeal the question be put  whether the say decree shall be reverse which be resolve in the negative it be  order and adjudge that the appeal shall be dismiss and the decree therein  complain of affirm and it be further order that the appellant shall pay to the  respondent the sum of pound for his cost in the house jour vol p brown er p  brown report volume report of case upon appeal and writ of error determine in  the high court of parliament by Josiah brown BarristeratLaw second edition by  Tomlins Vol V lease