J.R. v. M.P.

37 Henry 6, Court of Common Pleas (1459)

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Nature of the Case

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Facts

Ds purchased from J.R. certain debts due J.R. The debts were only choses in action, and as such, they could not vest in Ds, and they remained vested in J.R. Under the common law, Ds had no relief directly against the obligation. Ds then prayed for a writ against J.R. to appear under penalty to answer in the matter. A subpoena was issued. The matter was then referred to the Exchequer Chamber. After debate, J.R. was ordered to give up the obligation to be canceled in Chancery or to make an acquittance or release. J.R. refused to do either and was committed for contempt until he should obey. J.R. still remains there.