The King against Jones
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1767 |
| Date | 01 January 1767 |
| Court | Exchequer |
English Reports Citation: 145 E.R. 711
IN THE COURT OF EXCHEQUER
the king uijumi&i jones.-The court will not order lands seized under an extent, to be excepted out of an extent to issue on a subsequent judgment. An exteiit issued against him, and lands upon an inquisition were seized into the King's hands, and then another creditor obtains judgment upon a scire facias. Mr. Bootle moved, that the lands seised upon the extent, might be exoepted out of the extent, to issue upon the subsequent judgment, in order to prevent the vexation of several levari's, and produced a precedent of an [53] extent ultra terras mi tea extensas pro debito prsedicto. Mr. Attorney General, contra-If the prosecutor of the extent has a right to retain the possession of the lauds seized upon it, he cannot be evicted until satisfaction ; but if the judgment upon the scire facius is for a prior debt, the creditor by that judgment ought not to be restrained from suing out an extent against all the lands of the debbor, in order to obtain a preference...
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