Duncomb and Sir John Walter
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1728 |
| Date | 01 January 1728 |
| Court | Court of the King's Bench |
English Reports Citation: 90 E.R. 11
IN THE COURT OF KING'S BENCH
22. DUNCOMB AND SlR JOHN WALTER. In C. B. In debt against defendants by the plaintiff, upon assignment of commissioners of bankrupt of a 10001. upon the bankruptcy of one Staly; the jury find a special verdict, that one Elizabeth Cook had money in Staly's hands; she dies, and her executors arrest Staly the 6th day of November, before they had proved her will; to which suit Staly put in bail. Staly paid Sir John Walter 10001. the 18th day of November, and the 20th day of November, Staly delivered himself up a prisoner in the King's Bench, and was turned over by a Judge, in discharge of his bail; and that the executors of Elizabeth Cook proved the will the 18th day of November : and that if this payment to Sir John Walter was good, or that the act of bankruptcy, which was the delivery of himself up to prison, shall have relation to the arrest when he found bail, which was the 6th day of November, was the question. Maynard pro quer. 12 TERM. MICH. 33 CAR. 2. C. B. SKINNER, 23. First, to what time the bankruptcy shall have relation ; and he held to the time of the arrest. For the second, the arrest was not void, though the will was not proved. To the first, he likened it to a bargain and sale ; when inrolled, it hath relation to the delivery, and to Bellinger's case,, 4 H. 7, where an Act of Attainder is repealed ; yet he that enters upon the lands, upon the title of attainder, before the repeal, is a trespasser after the repeal. The statute saith not, paying or...
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