case wheeler against collier Hilary term Elizabeth roll if a administratrix  promise to day a debt of the intestate in consideration that the creditor send  her in more go dus a assumpsit will lie for both debt and judgement de good  pro priis may he give more Cr Noy vent lev lev keb show salk Carth hob urr  ante assumpsit and declare that the baron of the defendant be indebt to the  plaintiff in fifty pound for her and die intestate and administration c be  commit to the defendant and that afterward the defendant in consideration that  the plaintiff will deliver unto her six barrel of her assume to pay to the  plaintiff as well the fifty pound due by the intestate as for the six barrel  deliver unto herself and that he thereupon have deliver to the defendant six  barrel of her c and after no?i assumpsit plead and find for the plaintiff and  entire damage assess as well for the one debt as for the other it be move in  be be df judgement that the plaintiff shall not recover because for the  intestate debt the judgement shall he against the defendant de good testator  and for the her deliver unto herself de good not common with others and  therefore the plaintiff ought not to have join they in one action or at  leastwise that damage ought to have be sever by the verdict Popham it be clear  that one can join in one action a assumpsit of the testator and a assumpsit of  the defendant for his own debt but here the defendant assume for the debt of  the intestate and her own debt and if several judgement he to he give it be  clear that there ought to be several action bring for they and I conceive that  several judgement shall he give videlicet for the intestate debt if he have c  el si non de good not common with others for if judgement shall he give de not  common with others good general then she notwithstanding she have no more good  of the intestate than to satisfy that debt shall he bind to pay legacy and  that payment shall not excuse her which be not reasonable but all the other  justice contra because this action be bring against her of her own assumpsit  the judgement shall he general in both case de good not common with others for  it be a charze by her own croak Elizabeth act yet if it have be de good  testator she shall have pay t to they and it shall have be allow unto her and  here by her assumpsit as administratrix it be hecome her own proper debt as if  she have enter into a obligation wherefore c afterward mich pound it be  adjudge for the plaintiff croak Elizabeth er p