case elmer et wife against thacker quod ei deforceat do not lie upon a  recovery by nothing to say but only upon a recovery by default before  appearance Inst ante quod ei deforceat of land of which the wife be tenant in  dower the defendant plead a recovery against the wife dumb sola to be in a  writ of waste by nothing to say a see car c by which the oath ex duty be  abolish croak Elizabeth er p and that livre e release the damage and have  judgement to recover the land the demandant reply null waste fait and so will  avoid the recovery and thereupon the tenant demurrer after be moist by the  sergeant all the justice deliver their opinion that this writ lie not upon a  recovery by nothing to say for the statute a do not sive this writ but upon a  recovery by default which be intend before appearance but this be upon a  nothing to say which be no default but as a departure in contempt of court or  rather a confession of the action and a not deny of the waste for in this case  the waste be confess and no writ shall he award to inquire of the waste but  only of the damage this judgement be quasi by her own assent for that she will  not plead and the court take it as her acknowledgement that she have nothing  to plead against it and the statute that be make only for her benefit and to  relieve her against her default shall not relieve her against her contempt or  rather her own act and whereas it be say that a nothing to say be take as a  default for a receipt shall he by a termor or femecovert after a nothing law  as Edward pl be and that a receipt shall he by a feme after a writ of enquiry  of waste and return and the waste inquire that it be not like to this case for  the statuth that give receipt be for the benefit of a stranger that they shall  not lose their right by the default or negligence of the party that be to  plead and so a nothing to say or default be all one to they but here this  statute be for the relief of the party against who judgement be give by  default and so be not like and this be not a judgement by default but rather a  departure in contempt of court or a nient dedire or quasi a confession of the  action which be prove as periam say by the case in comment et dyer that in a  debt against the heir if judgement he upon a nothing to say against he  execution shall he against he of his own land for in a manner he confess that  he be Chargeable and have asset and Anderson and periam hold strong that if  judgement have been give by default in waste that upon such a recovery a quod  ei deforceat do lie especial in this case when the damage be release and so  the waste be not find by inquest Wyndham contra as to this point but in the  principal cause they all resolve ut above and it be thereupon adjudge for the  defendant vide Edward quod ei Deforceat   light a b