case MALYNS against sir John Hawkins Hilary term Elizabeth roll if a stranger  purchase a judgement the party in execution may by hearing complaint plead  payment of it and if the jury find that the money be pay he shall he discharge  although they also find that it be pay for the purchase of it ante Ro Abr Ro  Abr cro car cro James if on a to know facias in a hearing complaint from  chancery to the king Hencli the sheriff return that the partkis dead the  hearing complaint shall abate pale yellow ex sand salk hearing complaint to  avoid a execution of upon a judgement in this court and surmise that the say  be pay to sir John Hawkins after the judgement in discharge of the judgement  and the hearing complaint be award out of the chancery direct to the justice  of this court c whereupon a to know facias be award and the sheriff return  that sir John Hawkins be dead whereupon it be surmise to the court that dame  Hawkins be his executrix and a to know facias be award against her which be  ground upon this hearing complaint and she appear upon it and plead that the  aforesaid be not pay in discharge of the judgement thereupon they be at issue  and it be find qubd illce to be solutce by sir Horacio Palevizino to sir John  Hawkins to have the judgement assign over unto he et si c the opinion of the  whole court be that when the jury find quod illce solutcefuerunt that suffice  for the plaintiff issue and what be find more be but surplusage and that a  hearing complaint well lie upon this matter in tto discharge the execution for  if it he true that the be pay for the judgement it be not reason he shall he  stay in execution for it and although it he find that a stranger pay it yet  when it be find qubd there solutcefuerunt it be then to he intend the same sum  for which the judgement be obtain and thereupon the judgement be discharge and  rule give that judgement shall he enter accord Tanfield at another day move  that ibis hearing complaint hein a original out of the chancery the party be  return morluus there be but one party name therein it be total abate and the  to know facias thereupon award be void and without warrant wherefore c  Doderidge contra for this hearing complaint be not in nature of any writ but  it be a commission for the justice to call the party and to hear the complaint  and to do right and there be not any party certain thereto so although the  testator he dead the executor may well he call by a to know be made disturb  and be make a party may he examine and this suit be in ease of the party who  be in prison and therefore shall he favour in law croak Elizabeth and not  quash if any one he make party to the examination and to that purpose vide  Henry pl Richard pl I Richard breve where a writ of hearing complaint be bring  against two and one of they die it be rule that for this cause the writ will  remain and not abate so Henry pl if two he plaintiff and the one he nonsuit or  release it shall not prejudice his companion because it be sue for the ease of  both and Edward title audit Quer this writ be bring to avoid a statute for the  nonage of the conusor c where the conusee be return corpse yet the conusor be  discharge and there be not any doubt that the writ shall abate by this mean  also another mischief may ensue that the party always may remain in prison for  it may he whereas one be return morluus at one croak Elizabeth er p time so  another at another time may he return mortmus and so infinite a to know facias  also S in nature of a hearing complaint when one be in execution for it shall  comprehend all the matter wherefore c Tanfield contra I agree with the book  that in a hearing complaint against two if the one die as long as there he any  party alive who can he party to the examination the writ shall not abate nor a  new hearing complaint he bring but there be not any book that where there be  but one party and he die say the writ shall stand but the book of Edward be  ground upon another reason for that hetter expound Edward pl which be the same  case where a infant bring a hearing complaint for his infancy and his age be  inspect although the party be return morluus yet no new hearing complaint  shall be award for his nonage be adjudge none can contradict it nor have any  plea thereto and therefore it will he in vain to make any new party thereto  wherefore the party be discharge and whereas it have be say that a to know  facias may he bring in nature of a hearing complaint and there needs not any  new hearing complaint true it be but then it be mere ground upon a record here  which compre hends all the matter but it be not so here for this be ground  upon the original writ which be abate the to know facias award thereupon be  ill wherefore c gawdy hold that this be but a commission which shall not abate  by death and be like to a miltimus upon a fine Henry and there be not any  party here but a commandment gubd v ocatis birth justice he do wherefore c but  all the other justice against it for it be a original award out of the  chancery and if the party he dead the writ shall abate and the commission be  determine and they agree to the case where there be two party defendant and  the one die that there the writ shall not abate and so to the case of a infant  for the reason abovesaid whereupon it be adjudge that the writ shall abate and  that a new hearing complaint shall he pursue and so it be and the party  thereupon bail