The transactions of the High Court of Chancery, both by practice and president,: with the fees thereunto belonging, and all speciall orders in extraordinary cases, which are to be found in the registers office as they are quoated by tearmes yeares & bookes. Collected by that famous lawyer William Tothill Esq; late one of the 6 clearks. And since reveiwed [sic] by Sir Ro: Holborne, bencher of Lincolns-Inne.

[ 46] Debt.

* 1.1 Cole contra Ferrand, the Plaintiffe was satisfied of a debt upon word by order of Court before others upon specialty, 3. Jac. li. B. fo. 238. & 241.

* 1.2Skeggs contra Smith, whether a Debt upon a Recognizance may be Attached in London or whether an Attachment made of a Debt in London, may be pleaded in bar of a Scire facias, upon a Recognizance in this Court, it hath been over-ruled, in law it cannot in 38. Eliz. li. A. fo. 431.

* 1.3 Halsted contra Little, Debts though be∣yond the Statute of limitations, ordered to be paid, because directed to be paid by will Hill. 1632.

Askwith contra Chamberlaine, a man makes a Debtor Executor, there shall be no Extinguishment, but it shall goe to the E∣state, Hill. 15. Car.

Englefield contra Nicholas, Lord Kee∣pers Declaration of the Chancerie and Ex∣chequer concerning the mediate Debt of a Customer, and Receiver to the King, and other matters, in Hill. 15, Car.

Notes

• * 1.1

  Debt up∣on word satisfied before o∣thers up∣on speci∣alty.
• * 1.2

  Vpon a Recogni∣zance cannot be Attached in London.
• * 1.3

  To be paid be∣yond the statute of limitation A Debtor is made Executor, shall not drown the debt. concern∣ing a me∣diat debt of Custo∣mers and Recei∣vers, &c.