The same Term in the same Court. Baskervill versus Brook.

A Man became Bail for another upon a Latitat in the Kings Bench, and before Iudgment, the Bail let his Lands for valuable consideration: * And afterwards Iudgment was given for the Plaintiff. And now it was debated, whether the Land Leased shall be liable to the Bailment: and it was said by Glanvill of Councell with the Lessee, that it ought not to be li∣able, and he put a difference between a Bailment in this Court, and a Bail∣ment in the Common Pleas, for there the Suit cometh by originall, and the certainty of the debt or demand appeareth in the declaration, and therfore then it is certainly known from the begining of the Bailement for what the Bail shall be bound: But in this Court upon the Latitat, there is not any certainty untill Iudgment given, before which the Land is not bound, and now it is in another mans hands, and therfore •ot liable, and he puts Hoes case, Co. lib. 5. 70. where i• was resolved that where the Plaintiff releaseth to the Bail o• the Defendant upon a Suit in the Kings Bench before Iudg∣ment, all Actions, Duties, and Demands, that this Release shall not bar the Plaintiff, for there is not any ce•tain duty by the Bail before Iudgment, and therfore it cannot be a Release, and he cite• the case of 21 E. 3. 32. up∣on an account, and said that it was like to a second Iudgment, in that which reduceth all to a certainty, and therfor. &c.

But it was said by Mountague and Crook, that the Lessee shall be bound. for otherwise many Bailments and Iudgments shall be defeated, which will bring a great Inconvenience: And Mountague said, that it was like to the case of a bargain and sale of Land, which after it is Inrolled, within six moneths shall relate to the beginning of the Bargain, so upon the Iudgment given, relation is made from the time of the Bailment. But Haughton be∣ing contra, therfore, Curia advisare vult.