coke a PETTIFERS case hill Elizabeth in the king bench upon no one good return  to a be made fa it be error to award a writ to the sheriff to inquire what  good of the testator be waste by the executor on no one good return to a be  made fa upon a judgement against executor the plaintiff shall have a special  writ of be made fa to levy the debt or the good of the decease si Himself to  agree to be able that the executor have waste the good then de good not common  with others vide the entry   Ent pl light Rep side Cr car Inst sand vent side  Cr car hob vide Edward a b lib Intr ill h kelw b Nov Owen Cr Elizabeth in a  writ of error between Robinson c and Pettifer the case be such in debt  judgement be give in the common plea against two executor to recover the debt  de good testator upon which a become facias be award to the sheriff to levy  the debt de good testator c whereupon the sheriff return no one good c and  upon this return a entry be make in the roll because testatum be that the  executor have sell diverse good of the testator and convert the money to their  own use a writ be award to the sheriff to inquire by the oath of good man of  his bailiwick what good which be the testator the day of his death be waste by  the executor by force of which writ the sheriff take a inquisition by which it  be find that diverse good of the testator to the value of the say debt recover  be waste by the executor and this be return into court upon which the  plaintiff sue a to know facias against the defendant to show cause wherefore  execution shall not be award of their own proper good and upon two nihils the  court award execution and thereupon the executor bring a writ of error in  reddition performance and although it be say that the say course be usual in  the common plea and more favourable than the ancient course be for by this the  devastavit shall not be return by the sheriff only but now shall be inquire by  inquest return and upon that a to know facias ought to be award but it be  adjudge that the say proceed be erroneous for when judgement be give against  executor and on the become facias the sheriff return no one good c the  plaintiff may have a special writ of become sharpness sure that the sheriff  levy the debt of the good of the dead si Himself to agree to be able that the  executor have waste the good then de good not common with others and that be  agreeable to law and coke b reason to law as appear in e executor h b b to  reason because in such case if the sheriff make a false return the party may  have his remedy by action on the case which be a good mean to force the  sheriff to make true and just return in such case but by the say new course if  the sheriff take a inquest and return it although it be false yet the party  have no remedy against the sheriff nor against any other and although a to  know facias in the case at bar be award against the executor yet on two nihils  return they shall be condemned and charge of their own good and yet perhaps  have no notice thereof the action sometime be bring in a foreign county and  sometime in the county where they dwell and yet the executor have not  knowledge thereof which will be mischievous and for these cause the execution  be reverse but the judgement stand in Mounsen v bow cro car sc w Jones the  same point come before the court of KB in error from c b and Pettifers case be  cite and rely upon yet the judgement be affirm and the court recommend the  practice of c b to be adopt in KB in future vide note Wheatley v lane sand a  note to Jaques v Cesar sand wonder a coke report b er p