Ewin's Case

JurisdictionEngland & Wales
Judgment Date29 October 1678
Date29 October 1678
CourtExchequer

English Reports Citation: 145 E.R. 773

IN THE COURT OF EXCHEQUER

Ewin's Case

[257] appendix containing cakes upon the same slt.jkct in former kisigns. [259] michaelmas tern, 30 charles 2, 1078. tuesday, 29Tii of 's case. - Debts, either by specialty or simple-contract, may be found and seized into the King's hands to the third degree, but not beyond. Jolly, receiver of the assessments in the county of Huntingdon and other places, was bound to the King by divers bonds, and indebted to him on his account. Ewin, a goldsmith of London, was indebted to Jolly by simple-contract, and Lindsay indebted to Ewiu by simple-contract; and upon oath made, according to the rules in 1G39, an extent issued against Jolly, which found Ewiu's debt ; and it was admitted by the court, upon a motion, that Lindsay's debt to Ewin shall be found and seized into the King's hands. And it was said to be the practice, that debts by specialty shall be found to the third degree, as this was ; but the doubt was, if debts by sirnple-uontract may. Aud held by the court, that they may, within those rules, upon oaths and motions, but not beyond the third degree. [260] Tuesday, 26th of November 1678. Jolly...

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