brook versus cock shower SC comb SC Danv pl where a executor bring a action in  the right of the testator it must be in the to hold off only side cro debt  upon a escape against the sheriff of London in which the plaintiff declare in  the debet and to hold off as follow sacred scripture that the plaintiff alias  per nomen Elizabeth brook executor test I t S levy a plaint in the sheriff  court against one I n and have judgement to recover so much for debt and  damage and to execute this judgement she sue out a can sa by virtue whereof I  n be take and in custody of the defendant and that they permit he to escape  the plaintiff be not satisfy the exception to this declaration be that the  action be bring in the right of the testator and whatever shall be recover  will be asset in the hand of the plaintiff as executrix and therefore the  action ought to be bring in the notam the precedent in rastal a agree with the  declaration in this case yet there it be the to hold off only see side debt  against a administrator in the debet and to hold off and adjudge that it be  aid by the statute car cap to hold off only because the judgement appear to he  have in the right of the testator and to prove this matter the authority in  the cro hob reenel v Langcastle raze Ent a cro Elizabeth Hitchcock v Skinner  margin footnote be cite in point but on the other side the counsel endeavour  to show a difference between the case cite and this at bar because in this  case the plaintiff have count general and not as executor videlicet Elizabeth  brook to express grief de Carthew t cook c de plea quod To give back ei so  much quas ei debet injust to hold off so that she declare in her own right and  though she far declare that she have recover in the sheriff court per nomen e  b executor c this be surplusage and not necessary to be insert and therefore  the verdict and recovery shall be take to be in her own right and if so the  action be well bring in the debet and to hold off but the court be of another  opinion videlicet that it be not necessary for the plaintiff to name her self  executrix in the title of this action but that it be absolute necessary that  in declare upon the recovery she ought to allege as it be in fact videlicet as  executrix otherwise there will be a variance in the record and this very  action ought to pursue the very same course with the first for this mere in  the right of the testator