brown and Shaston in a to know facias by tenant by elegit to avoid a statute  extend on the land of smith and after his death against tertenants the  conusees of the statute be satisfy the defendant executor of the assignee  plead assignment of the conusees interest to I S under who Norban be in  possession and issue be on the possession because Keble er p there be to set  free to make and actual possession contrary to Edward return on the elegit  which can not be the land be as register jud seize b the former extent send  non allocatur for though the sheriff may take notice of the former execution  yet not of a matter in fact but if the sheriff do execute the writ as he may  if he will the plaintiff who it may be do not know of it shall not be without  remedy and its all one as the set forth a eviction for the to set free only  enable to sue c it be say the issue shall be on the assignment Keble which be  the main not on the possession for the action lie only against such as have  the interest by the statute so Edward to know facias be against the assignee  of all and Edward by hale chief justice be that to know facias must be against  the party privy to the conusance as the conusee as error be against the  defendant on a recovery but the tenant shall not be oust without another to  know facias and if this issue be immaterial the plea be so verdict be for the  plaintiff also the conusee plead the assignment can be take notice of unless  in possession Twisden say a to know facias may be against the conusee nec non  to assignee executor also tender in law must be to the conusee though the  assignee have interest in equity the court agree the to know facias may be to  all but incline it can be against the assignee alone but adjornatur ware v  clement Keble er report date ware and clement Wednesday may ex motion Jones  the court grant restitution and set aside judgement be find on a rule give  after the verdict the late end of the term at guildhall before the day in bank  though this be the last day of term but they give a new judgement nisi