case hale versus thomas of the tenth in court Ch can in those under who the  defendant now claim a debt of pound principal money then lend acknowledge a  judgement for penalty defeasanced for the payment of the principal money with  interest the defendant for ten or twelve year together have keep the plaintiff  out of his debt by fence with prior encumbrance which be in truth satisfy and  by set up a pretend entail which on a trial at law be find against he the  plaintiff have exhibit a former bill and thereby only pray that the defendant  may come to a account and accept what if any thing shall be find due to he on  those prior encumbrance and that the plaintiff may be let into a satisfaction  of his debt but do not pray further as he may have do that if the defendant  shall be find to have raise or receive more than be due to he that be may pay  over the surplus to the plaintiff and upon the account take in the say cause  it be find that the defendant be overpay with a surplus of pound Vernon  chancery case the plaintiff now bill be that he may have those money towards  his debt and be satisfy his principal money with interest and cost and the  matter come on now to be argue on the defendant plea who have plead the former  bill bring by the plaintiff and the proceed thereon and that after the account  take in the former cause the plaintiff have proceed at law and revive his  judgement by to know fac and take execution by elegit and that thereupon the  defendant have bring the whole penalty of the bind into the court of common  plea and insist that a court of equity ought not to charge he beyond the  penalty of the judgement and this plea be allow by the court not but that  equity may and in many case do carry on the debt beyond the penalty of the  security as where the party have be delay by injunction of this court and the  like but it be observe that where it have be so do it have be always against a  plaintiff when he have come for relief but there be no precedent where a  plaintiff in this court shall charge a defendant beyond the penalty and  further than he can charge he at law the general rule seem to have long be  that the debt shall not be carry beyond the penalty steward v rumball post vol  say quaere by reporter there Eq can ab pl ibidem c pl and note Ellis v  Whinnery bro p c tall v Ryland Ch can friend v burgh can tempt finch which  book however be say to be of no authority Harvey v Aston atk et vide stat  whether c for relief of debt at law in such case Bidlake v Arundel Ch Rep  Davis v Curtis Ch can anon salk Galway corporation v Russell bro p c Bromley v  goodere atk tew v earl of Winterton bro Ch Rep knight v Maclean ibidem Lloyd v  hatchet Anst sharp v earl of Scarborough Ves Mackworth v Thomas Ves wile v  Clarkson term Rep so where account take before the master where interest  exceed the penalty the master report the penalty only allow as due Grosvenor v  cook dick Gibson v Egerton ibidem Kettleby v Kettleby ibidem but equity will  nevertheless under circumstance carry the debt beyond the penalty as where a  man be keep out of his money by a injunction or be prevent from go on at law  Duval v terry show p c hale v Thomas sup so where a advantage be make of money  interest shall be carry beyond the penalty Lord Dunsany v Plunkett bro p c so  where a bind be only take as a collateral security Kirwane v black bro p c or  where the recovery of the debt be delay by the obligor Pultney v warren Ves et  vide clarke v Seton ibidem and case cite there from which it appear saint that  at law as well as in equity in the case of a bind the penalty be consider as  the debt dly that under circumstance equity will carry the debt beyond the  penalty and dly that a clear distinction be take at law where action bring  upon a bind and where upon a judgement as to the recovery beyond the penalty  see as to the last point maclure v dunkin l east but in this case the court  allow the plea principal because the plaintiff after the account take in the  former cause have surcease his prosecution in this court and proceed at law  have sue forth a to know fac on his judgement and take forth execution and  therefore have elect to proceed at law he shall not now resort back to equity  especial as this case be where he have take execution by elegit which charge a  moiety of the land only and now will come for a decree in equity for the same  debt which will charge the person and the whole estate and therefore the court  allow the plea note in this case the plaintiff think it most for his advantage  to prosecute at law expect to have hold the Vernon chancery case land at the  extend value and if the defendant have come for relief in equity he shall not  have redeem or charge the plaintiff with the real value unless the defendant  will have offer to pay the whole principal money with interest and cost but as  soon as the plaintiff have extend at law Mr sergeant Maynard the defendant  counsel advice he to bring a to know fac against the plaintiff to show cause  why the extent shall not be take off on payment of the penalty of the  judgement which he at the same time offer to pay and bring it into the court  of common plea there be simple a entry of a demurrer allow in a case of the  above name that Dec Reg lib a fol Vernon chancery case er p