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308 COOMBS ^ JORDAN.
faction of such debts as were 'due by bond 01 other specialty;
it followed as a necessary consequence, that upon a judgment
against the debtor himself his lands might be taken and sold by a
fieri facias; and in order that the writ itself should express this
new extension of the authority it gave, the words 'lands and tene-
ments,' were inserted so as expressly to command the levy to be
made 'of the goods and chattels, lands and tenements,' of the
defendant, (m)
The English statute of 1285, (n) declares, that 'when a debt is re-
coTered or acknowledged in the king's court, or damages awarded,
it shall be henceforth in the election of him that sueth for such debt
or damages to have' an elegit to extend one-half of his land, &c.,
which gives the election immediately as soon as the debt is reco-
vered; and therefore, the land is bound immediately from the time
of the recovery of the debt; (o) and so the words of this statute
of 1732, fixes the liability of the whole from the time of the reco-
very; and therefore, the lien attaches from the date of the judg-
ment, (p) The English statute of 1285, gives the elegit to obtain
satisfaction for csuch debt or damages.' This statute of 1732,
speaks only of 'debts, duties, and demands;' and would seem to
have relation only to cases arising between persons who stood in
the relationship towards each other of debtor and creditor before
the institution of the suit. But it has been always construed to
extend to all cases where the plaintiff recovered a judgment for a
certain sum of money, and thereby became a creditor of the defen-
dant; although the foundation of such a judgment debt was, in
truth, not a pecuniary claim, but a mere trespass or personal in-
jury. Hence this statute of 1732, like some others in which the
same terms am used, comprehends not only debts, in their proper
sense, but duties or things due, as covenants, rents, fines, issues,
or Just causes of action; for, debt, in its large sense, signifies
whatever a man owes, (q)
This statute of 173i specifies the extent of die liability of lands,
by declaring that they shall be assets in like manner as real estates
are by the law of England liable to debts due by bond; and shall
be subject to the like remedies, proceedings and process in any
court of law or equity, for seizing, extending, selling or disposing
of them, and in like manner as personal estate. From which last
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(m) 2 Harr. Ent, 678.—(n) 33 Ed. 1, c. 18.—(o) Gilb. Execu. 37.—(p) Hamp-
son 9. Edelen, 2 H. & J. 64.-(q) 2 Inst. 199, 337; 1 Niebuhr's His, Rom. 437.
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