Page:Prerogatives of the Crown.djvu/323

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CLXII. Pt.I. Sec.VI.] Extents. 303 The extent prevails in favour of the Crown against a mere previous agreement with a third person, for the sale of the defendant's estate, though part of the purchase-money has been paid, because the conveyance not having been executed, the fee still remained in him («). It seems also to be a general rule, that an equitable mortgage by deposit of title deeds will not hold against an extent [b). It will not at all events if such deposit be made by an accountant of the Crown in the hands of one who has an opportunity of knowing that the depositor is or may become a debtor of the Crown (c). Debts and Credits. The sheriff is also to seize debts and credits due to the de- fendant, and specialties his property, which leads us to the 6th Section. SECT. VI. Of seizing the Debts, Specialties, and Credits of the Crown Debtor, and herein of Extents in Chief in the second degree, i. e. against Debtors to the Crown Debtor, Under the extent, it is the duty of the jury to inquire re- specting the debts due from third persons to the Crown debtor, and his credits and specialties. The jury should in their in- quisition find, and state, any special matter respecting such property, and such finding vests the debtor's rights and inte- rests in the Crown ; and though the seizure be nominal, the King is thereupon entitled to adopt measures against the de- fendant's debtors. And though extents in aid are properly limited in this respect, it seems, that the Crown may proceed against the debtors to those against whom the extent is issued, for its benefit, in infinitum, that is, to the remotest degree {d). It seems, that debts due to the defendant are bound as goods are from the fiat or teste of the extent, and not merely (rt) Rex c. Snow, 1 Price, R. 220, (c) IbUI. 216. note (4). {(I) Hardr. 404. Com. Dig. tit. Dette, {b) Rex V. Benson, Ibid, note (c). G. 15. Gilb. Hist. Excheq. 178. from