case rook against the sheriff OF Salisbury if a executor have asset to pay a  judgement debt and suffer judgement in a action on a simple contract to go  against he by default and then pray the judgement debt the sheriff on a become  facias on the second judgement may return a devastavit and thereby entitle the  plaintiff to a execution de good not common with others of the executor S c  holt a executor owe one hundred pound by judgement and have asset to pay it  and owe another sum by contract for which he be sue and suffer judgement to go  against he by default be pay the former judgement and a become facias be bring  against he upon the second to which the sheriff at first dash return a  devastavit and this action be bring for a false return and it be agree that if  a ministerial officer act false in his duty to the prejudice of another a  action will lie for it a and here it be urge that the sheriff have no more to  do but to levy the money de good testator if any be find or else to return no  one good and then the plaintiff upon suggestion of a devastavit may have a to  know facias to inquire of a devastavit and a see Wilkinson v Lutwiche stram  Symonds v Parminter will Pillans and rise v Vanmierop and Hopkins burr maber v  Mathias black Rep a ante ld ray salk a ante modern report er p if by  inquisition a devastavit be find to warn in the executor to show cause why  judgement shall not be de good not common with others and it be further urge  that there be no devastavit in the case for the suffer judgement by default be  no confession of asset but the judgement be conditional if there be asset in  our hand to be levy of they and the sheriff have no return to make but that he  levy good to the value c or that there be no good and there be nothing in the  writ to warrant such a return as here be and suppose our suffer judgement by  default be a confession of asset yet it be not a confession of a devastavit  which he without suggestion as aforesaid ought not to return it be urge on the  other side that it be clear the sheriff may well return a devastavit but at  his peril if it be false and a judgement by default be not a absolute  confession of asset but only a confession of all the asset he ever have for if  the executor have administer they he ought to show it in plead and if he do  not he be too late after judgement by default if two action be against a  executor of the same term each of one hundred pound and he have asset but for  one and pay it and suffer judgement by default in the other be shall pay it  and the reason be because by not plead to the second action modern report be  confess all the asset he ever have and can avoid it by plead and if he have  plead no asset and judgement be against he he shall not avoid it by hearing  complaint because he have not a opportunity of plead it holt chief justice a  devastavit be a very proper return for the sheriff to make and upon such a  return execution shall be de good not common with others and not a conditional  one and be never otherwise and the reason be that when a become facias go it  be de good testator and if the sheriff find no good of the testator and be  satisfy of a devastavit he can execute the writ of the good of the executor  but ought to return the truth a devastavit and then he shall have power to  make execution de good not common with others and when upon a plene to manage  asset ad valenliam be find the sheriff shall return a devastavit if he find  not asset and the executor shall never avoid it here there be asset but liable  to a former judgement which he may have plead but omit and how can he take  advantage of it now if there be judgement in debt against a tenant in tail who  die seize the estate descend to the issue to know facias be sue against the  heir and terretenants issue be return serve and terretenant of land in fee for  ancestor have both land in fee and tail and judgement by default and a elegit  of a moiety of all and then the issue come to show the land be entail but  reject because he omit to do it in his proper time upon the to know to make  return so it be in case of judgement and release and to know to make return if  be do not plead the release before judgement upon the to know facias be shall  not have hearing complaint vide hob Hannor v maze for when you have a good  matter in bar and a opportunity to plead it you shall not give it in evidence  and though it be say that the judgement by default be for want of a demurrer  yet that will not alter the case vide   and per ill if two action be bring  against a executor of one hundred pound each and he have asset only for one  and he plead plene administ to both and then pay off one and suffer the other  to go by default he shall answer de good not common with others for it and so  if there be ten action and he plead plene to manage to all and afterward pay  off one which be all he have and then suffer judgement to go by default be  shall be charge with all the rest de good not common with others so that your  concession that it amount to a confession of no more than be once have be too  liberal and in hale time if executor have plead several judgement and any of  they be find modern report against he be use to direct the jury to find for  plaintiff general but that be a little bare and here you be estopped to say  sheriff make a false return to charge he when you may have plead it in court  judgement be give for the defendant