case grave against king where the judgement shall be as of the first day of  the term the plaintiff have judgement in Hilary term which be now three year  ago which judgement be sign the fourteenth day of February two day after that  term and the execution bear testae the twelve day of February and no to know  facias first sue out to revive the judgement Raby urge this to be irregular  for the judgement relate to the first day of the term so that there be above a  year between the judgement and the execution the day of sign the judgement  which be require by car c have no other relation than as it affect purchaser  in respect to the plaintiff and the defendant and as to all other purpose it  be a judgement of the first day of Hilary term by fiction of law so that the  testae of the execution ought to be the first day of that term otherwise it be  wrong and therefore it be move to quash this execution Fazackerly contra say  that the plaintiff be right in point of fact though he be wrong by a fiction  in law therefore it be move that the plaintiff may have leave to enter  continuances to the last day of this term so as to make it a judgement of that  day or that he may have leave to get the judgement sign as of the succeed term  as a fine take in vacation may be enter either of the precede or succeed term  but the court deny leave to enter continuances this be now a record of three  year stand neither will they give leave to enter the judgement as of the  succeed term it be true it have be do in fine but these be by the agreement of  the party but judgement be obtain upon adversary suit therefore the judgement  in the principal case must be of the first day of Hilary term the court be  divide as to quash this execution Pratt chief justice and powys justice be of  opinion that the court ought not to interpose to set aside the execution  fortescue and Raymond justice hold the execution void it be not by a fiction  of law it be the law itself that all judgement though sign the last day of the  long vacation be judgement of the first day of the term precede it can be a  judgement of the fourteenth of February for the court give no judgement in  vacation a fine take in vacation may be enter either of the term precedent or  subsequent it be the agreement of the party the court be divide no rule can be  make wherefore let the execution stand