case obrian against ram Michaelmas term James roll see in re Parkin modern Ch  if judgement be obtain against a feme sole and on her subsequent coverture the  plaintiff obtain judgement on a to know facias against the husband and wife  and after a year and a day the wife die the plaintiff may bring a new to know  facias quare performance non against the husband alone for he can plead the  former judgement on the first to know facias in bar SC comb SC Carth SC holt    light Mod side skin salk Lutw ld ray vern vern Prec Ch Mod Mod Mod Mod pale  yellow e r fitzg comens case t t stram stram Com dig Bl Com Bac Abr Ch Cas Bac  Abr ld raym Cowp dougl error to reverse a judgement give in Ireland upon a to  know facias bring against the plaintiff in the error set forth that debt be  bring upon a bind against Elizabeth grey and a judgement thereupon obtain for  eight hundred pound dumb sola that the say Elizabeth afterward intermarry with  Mr obrian that a to know facias be bring upon that judgement against husband  and wife to show cause why the plaintiff shall not have execution that upon  this to know facias there be two modern er p nihils return and thereupon  judgement be have against husband and wife that it rest for a year and a day  and then the wife die and the plaintiff bring a new to know facias against the  husband alone to show cause why he shall not have execution upon the first  judgement the defendant plead that there be another to know facias bring  against he and his wife for the same cause c and upon a demurrer to this plea  judgement be give in Ireland against he the question now be whether this to  know facias will lie against the husband alone after the death of his wife Mr  finch and Mr pollexfen argue that the husband be not Chargeable it be admit on  all side that if a feme sole be indebt and marry a action will lie against the  husband and wife for he be liable to the payment of her debt it be agree also  that if a judgement he have against a feme sole and she marry and afterward  die the husband be not Chargeable because her debt before coverture shall not  charge he unless recover in her lifetime in like manner no debt which be due  to her dumb sola shall go to the husband by virtue of the intermarriage if she  die before those be recover but her administrator will be entitle to they  which may be the husband but then he have a right only as administrator and  the reason be because such debt before they be recover be only choose in  action roll Abr Bl Com a and from hence the counsel infer that the judgement  in this case against the wife dumb sola do not charge the husband modern then  the question will be if the husband be not Chargeable by the original  judgement whether the judgement on the to know facias have not make a  alteration and charge he after the death of his wife and as to that it be say  that this judgement upon the to know facias make no new charge for it be only  quod to have performance c and carry the first judgement no far than it be  before for it be introduce by the to know facias at the commonlaw no execution  can he have upon a judgement after a year and a day and there be then no  remedy but to bring a action of debt upon that judgement this inconvenience be  remedy by the statute of Westminster the second Edward saint c b which give a  to know facias upon the judgement to show cause why execution shall not be  have which can be no more than a liberty to take execution upon the original  judgement which can charge the husband in this case because it be only a  consequence of that judgement and create no new charge for a release of all  action will discharge this award of execution but the reason why the original  judgement shall not be carry far by the judgement in the to know facias be as  follow first by consider the nature of a to know facias which lie not at the  commonlaw but be give by the statute in all personal action the word whereof  be these cc observandum be de the other quod she who come upon enroll c Inst  side c upon which word it be evident that the execution of the first judgement  on record be all that be give by this Act after the year and day and it take  off that bar which be incur by the lapse of time and give a speedy execution  of the judgement record second the proceed upon a to know facias show the same  thing for the writ recite the first judgement and then demand the defendant to  show cause why the plaintiff shall not have execution thereon juxta vim form  et execution recovery pillage but pray no new thing three a to know facias be  not a original but a judicial writ which depend pure upon the first judgement  and a writ of error suspend the execution of both so likewise if the original  judgement be reverse even a judgement obtain upon a to know facias will be  reverse in like manner roll Abr pl and dr Druries case   a fourthly the law do  not charge a man without a appearance but here be none and the statute can  never operate upon this case because it extend only to such judgement upon  which there have be a recovery and here be nothing modern recover upon this to  know facias for it be only to have execution upon the first judgement if the  law shall be otherwise this absurdity will follow videlicet there modern er p  will be a recovery without a record for the purport of the to know facias be  only to have execution accord to the form and effect of the record and the  very record itself do not charge the husband beside the first judgement do  charge the land of the wife which be still liable to satisfy the debt why  therefore must the land of the husband be charge can the administrator of the  wife bring a writ of error to reverse this judgement and if it shall be  reverse shall the husband pay the debt and the administrator of the wife be  restore the objection make by the counsel on the other side against this  opinion be that if a action of debt will lie upon a judgement in a to know  facias the original judgement be by this mean carry far for without a new  recovery debt will not lie and to prove this there be a authority in  Fitzherbert Fitzherbert nat short catalog b where a prior bad judgement for a  annuity and bring a to know facias upon that judgement against the successor  of the parson who be to pay it and obtain a judgement upon that to know facias  to recover the arrearage and afterward bring a action of debt upon the last  judgement and the book say to be maintien there be another case in Leonard  Leon Leon Henry pl c where it be hold that a action of debt will lie upon a  judgement in a to know facias upon a recognizance which objection may receive  this answer first as to the case in Fitzherbert it be admit to be law but it  be not a authority to be object to this purpose because the first judgement  for the annuity charge the successor but the original judgement in this case  do not charge the husband so the case be not parallel the like answer may be  give to the case in Leonard for a recognizance be a judgement in itself see  Com dig foe edit d and debt will lie upon it without a to know facias upon  that judgement but on the other side it be argue that the award of execution  be absolute against husband and wife for it be a recovery against both whereas  before it be only the debt of the wife but now it be joint against the one as  well as the other Carth salk skin Bac Abr a modern the judgement upon the to  know facias be a distinct action it can be deny but that if a woman be indebt  and marry the husband be Chargeable during the coverture which show that by  the marriage he be become the principal creditor see the yearbook Edward pl b  and bro Abr title baron and feme pl b as to the to know facias it be true that  at the commonlaw if a man recover in debt and do not sue forth execution  within a year and a day he must then bring a new original and the judgement  thereon have be a new recovery yearbook I Henry pl a Edward pl b see also salk  ld ray where holt chief justice be of opinion that a to know facias do lie at  commonlaw upon a judgement in a personal action c but now a to know facias be  give by the statute instead of a original   light b side   Mod d and therefore  a judgement thereon shall also be a now judgement for though it be a judicial  writ yet it be in the nature of a action because the defendant may plead any  matter in bar of the execution upon the first judgement and it be for this  reason that a release of all action be a good bar to it Inst see ld ray salk  Rastals entry Leon dyer b e beside a action of debt will lie upon a judgement  on a to know facias Rastals entry Leon dyer b f which show that it be a action  distinct from the original and upon such a judgement the defendant way be  commit to prison several year afterward without a new to know facias the  husband may have execution of a judgement recover by he and his wife after the  death of his wife without a to know facias Mod g for the judgement make it a  proper debt due to he and be alone may bring a action of debt upon that  judgement see the case of Gabriel mile Mod and eyres v coward side accord but  see the case of Perroyer v brace ld ray Wortley v Rayner dougl h and it seem  to be very unreasonable that he shall modern er p have the benefit of such a  judgement and yet not be charge after the death of his wife when there have be  a recovery against both in her lifetime this be like the case where a  devastavit be return against husband and wife as executrix and a judgement  thereon quod to express grief to have performance de good not common with  others yet if the wife die the husband shall be charge for the debt be alter  more cro Elizabeth cro car I if it shall be otherwise this inconvenience will  follow that if the wife shall die the husband will possess himself of her  estate and defraud the creditor so that he take her but not cum load but the  law be otherwise for if a feme be lessee for year marry and the rend be behind  and she die the husband shall be charge with the rend arrear because he be  entitle to the profit of the land by his marriage Fitzherbert nat short  catalog roll Abr yearbook Henry pl king to which it be answer that if a man  shall marry a executrix and then he and his wife be sue and judgement obtain  against they to recover de good testator and thereupon a become facias be  award to levy the debt and damage and the sheriff return a devastavit and then  the wife die the husband be not Chargeable because the judgement be not proper  against he for he be join only for conformity but if modern upon the return of  the devastavit there have be a award of execution de good not common with  others that will have be a new judgement and the old one de good testator have  be discharge and then the husband must be charge for the new wrong Adjournatur  afterward in will mary the judgement be affirm