briton against BATTHURST I Mod Mod Ventris side sander sander viner ab from to  executor confess iudgyment in assumpsit if there be debt of a high nature be  must pay both though his asset will only satisfy the high debt I roll ab more  cro Charles Hobart Mod side cro Elizabeth Leon Styl Lut post ante term Rep to  know facias against the defendant as administrator of mary Sachwell against  who the plaintiff have obtain a judgement for mich car and damage levinz as  administratrix to Henry Sachwell her husband de good predict Henry Sachwell si  tant c si non tant c de good nest proprils and suggest that mary have good  sufficient from Henry but that she have waste they the defendant plead that  mary bad full administer the good of Henry and traverse the devastavit and but  although the bar be insufficient yet if it appear by the replication that the  plaintiff have no cause of action judgement shall be give against he coke  levinz er p quoad the pro financial loss plead payment to the plaintiff by  mary Sacbwell the plaintiff quoad the first plea maintain the waste and issue  thereupon and as to the plead non to loosen and issue thereupon also as to the  last issue the jury find for the plaintiff that mary do not pay the and as to  the first issue for I be d that mary waste and far they find that before the  marriage between Henry and mary sure may car Henry covenant with Henry Norwood  to leave mary at his death and enter into a obligation of to the say Norwood  to pay accord that after the marriage Henry die indebt to the plaintiff the  say for money have and receive and that administration of his good be commit  to mary and after sure october car the plaintiff suedMary for the and obtain  the iudment aforesaid and that the not be pay to mary Norwood eoden et bring  debt upon the bind agaiDSt mary as administratrix to her husband and recover a  judgement against her for upon the bind de good Hen si lant c and that man  that you consent of Norwood bad leave in her hand of the good of Henry to  satisfy the due to he say utrum that devastavit prd neane to strive for  advisamentum Curi and far they find that after judgement to the plaintiff  other good of Henry to the value of come to her hand which she pay in  satisfaction of debt of Henry due upon obligation et utrum she have also waste  the to strive for advisamentum Ourim and upon argument it be resolve by the  whole court that the defendant must be charge de good of mary for the leave to  her for her own use for she by confess judgement to the plaintiff have make  herself liable because she may have plead the obligation of in bar of the be  only due upon contract to the plaintiff which baving omit she shall be charge  therewith notwithstanding the other judgement for leer proper debt as levinz  if a administrator have asset to the value of only and confess two several  judgement to two several person for each he shall be oblige to pay both as if  he have bind himself in two several obligation to pay they so much money by  Pemberton Wyndham and Charlton it not be find that at the time of the  judgement confess she the administratrix have notice of the obligation upon  which she pay the she shall not be charge for the say nor shall her payment be  a devastavit in ber for they hold that if a executor pay debt upon contract  when there be debt by specialty unpay but he have no notice of they his  payment of the simple contract debt shall be no devastavit for want of notice  that there be debt of a high nature levinz tolis man contra in this point he  agree that where executor pay debt of equal nature after action commence  against they for another debt of the same degree want of notice of the writ  shall excuse they but after a action once commence against they for a debt of  a superior nature they can pay debt of a low nature and whether they have  notice or not notice be not material nor be it ever see that want of notice of  specialty shall excuse the payment of debt upon simple contract by a executor  but the other three judge be of opinion ut above give judgement accord but  Charlton tell I afterward that he have change his opinion as to this point