Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke.

Grenningham versus the Executors of Heydon.

4. IN Debt upon an Obligation of 200. marks by Richard Grenningham Plaintiff, against the Executors of one Ralph Heydon Defendants, the case appeared to be this upon Demurrer.

The said Heydon was bound to the Plaintiff in 200. marks, the Condition wherof recites, that wheras the said Heydon had received of the said Grenning∣ham 76 l. 6 s 8 d. before the date of the said Obligation of 200. marks in pay∣ment and satisfaction of certain Obligations and Bills of debt, remaining in the hands of the said Heydon, and specified in the Condition what they were in certain, and the which said Bills & Obligations the said Heydon is to deliver, or cause to be delivered to the said Grenningham, his heirs or assigns, before the Feast of S. Michael, next ensuing the date of the said Obligation, or otherwise the said Heydon, his Executors, Administrators, or Assigns, or some of them before the same Feast, shall make, or cause to be made and delivered to the said Plaintiff, his Heirs and Assigns, such good and sufficient Acquittances for the payment of the said summs of money formerly mentioned, as the said Plaintiff, his Heirs, Executors, or Assigns, shall devise, or cause to be devised by the Counsel of the said Plaintiff, his Heirs or Assigns, before the Feast, without fraud or deceit, that then the said Obligation shall be void, &c.

And before the Feast the said Plaintiff did not devise any acquittance; Whether now the Obligation be saved by the Disjunctive, without deliver∣ing the Obligations, and Bills before named, before the Feast of S. Michael: Rot. 36, & 37.