Bulstrode SLINSY plaintiff against lambert defendant enter termin mich James b  r rot error sur judgement in a action upon the case for a escape cro Ro Rep  godb in a action upon the case bring by the plaintiff as executor against the  defendant be sheriff for a escape and have a judgement give for he per nomen  of executor which judgement pass by non sum shape upon this judgement a writ  of error bring and for error assign because the first judgement be give for he  as administrator and this action for the escape and the judgement upon it be  per nomen of executor and so a variance it be urge that the suit be first  commence by the plaintiff in the action as administrator that afterward he  find the will by the which he himself be make executor and therefore by the  name of executor he have judgement and the party in execution who be suffer to  escape and upon this escape the action upon the case be bring by he which be  well bring and the judgement well give and for the per nomen this appear by h  fol and e fol the first action here be as administrator and so he have his  judgement against brown as administrator and have he in execution who be  suffer to escape against this it be allege that this action upon the case for  a escape be bring by he as executor ground upon a former judgement give for he  as administrator which can be good dodderidge justice the case be this one  recover in debt as administrator have judgement and the party in execution who  escape afterward he find the will by which he himself be make executor whether  he shall have a action upon the case or a action of debt upon this escape as  executor be the question the administration be grant upon no will find he  recover the debt afterward the will be find by which he be make executor to  the same party and prove the will clear this shall now be asset in his hand  but such a executor shall not have a to know facias upon the first judgement  because he be not party to the record Haughton justice the executor here have  no privity to sue execution upon this judgement because the to know facias  depend upon the first action and to this he be not privy dodderidge I agree  that he can have no to know facias he have he here in execution as  administrator so that now he remain in execution as a pledge for the debt  after he find the will and perceive himself to be make executor prout by the  will put the case that the party pay the money recover to he may he not now  well discharge he declare so much unto the sheriff clear he may and if the  sheriff upon this matter show thus unto he will not yet deliver he he may then  clear have against he a action of faux imprisonment croak justice by this  probate of the will by the administrator who recover by which he be make  executor be the execution upon the former judgement by this go clear it be not  though the book of r fol have be cite to the contrary Bulstrode dodderidge  that be where another man be make executor and not where the party himself be  make executor as here in this case if the administrator have one in execution  for debt the sheriff suffer he to escape he bring his action of debt against  the sheriff for his escape and herein recover after all this he find a will by  the which he himself be make executor shall not this recovery thus have now be  good clear it shall and this money thus recover against the sheriff shall be  asset in his hand and no hearing complaint in this case lie for the sheriff  croak if he be suffer to escape the money not pay and all this at his suit as  administrator afterward he find the will by the which he be make executor and  prove the same shall this money now be lose which be recover and the party in  execution for it clear it shall not Haughton now upon the matter this be a  void administration and how can he Bulstrode er p discharge the execution of  the body there be no satisfaction give of the debt the executor here be to  have a action of debt for the money due but he be not to have execution of  that which be do upon the suit commence by the administrator here it be like  unto a to know facias a thing executory begin by one as administrator a  executor can prosecute this nor have a execution upon it dodderidge if the  party in execution stand as a pledge for the debt unto the administrator shall  he not de so to the executor clear he shall if a executor recover a debt and  have the party in execution who be suffer to escape the executor make his  executor and die shall not this executor of the executor have a action of debt  upon this escape without all question he shall have it for he be now executor  unto the first man Haughton if the first executor die intestate his  administrator shall not have a action of debt against the sheriff for this  escape no more shall the executor here in this principal case have his action  against the sheriff for the escape of he who be in execution at the suit of a  administrator dodderidge and croak be clear of a contrary opinion and so  without any further debate this case be adjourn to a further time but be never  move again but the party perceive the opinion the same ut hear be end by  agreement