case gibson against brook executor of brook Trinity term Elizabeth roll if a  to know facias he issue on a devastavit find and return and the sheriff return  to know to make the executor may appear and traverse the inquisition of  devastavik post ante Owen cro car Jones Noy strange Com dig Cowp term Rep debt  upon demurrer the case be Gibson have a judgement against brook as executor to  recover de good testator and for damage de good testator si c el si non de  good proqvriis whereupon a become facias be award and the sheriff eturned no  one hahet good and afterward upon a testatum that the executor have croak  Elizabeth er p asset in London the day of the writ purchase which he have  since wastedi a special fierifacias be award to the sheriff of London to  inquire thereof who return a inquisition whereby it be find that he have asset  upon the day of the writ purchase I and that he have waste they whereupon a to  know facias be award croak Elizabeth against the executor quare performance  hahere non dehet de good not common with others to ward off the defendant  quoad the for the damage confess the plaintiff ought to have execution and  quoad the qubdvlene to manage before the day of the first writ purchase et  quod non to turn round good c ad use sumproprtuni and it be hereupon demurrer  and resolve that this return and inquisition take by the sheriff shall not  conclude he but that he may well traverse it for otherwise he shall he without  remedy for he can have a action upon the case against the sheriff for he only  return that which be find by the jury and a attaint lie not because it be but  a inquest of office and he be bring in by a to know facias to answer and other  answer he can have as to the doubleness of the plea whereto exception be take  it be hold to he single enough for there be two matter object unto he both  which he ought to answer and the plaintiff have election to take issue upon  any of they wherefore it be adjudge for the defendant note that the case of  Wastney v Whitmore in Elizabeth b r be cite to he adjudge accord