coke a TURNORS case pasch James in the common plea in debt upon bind against  administrator they plead several former judgement obtain against they in the  court of Chichester amount in the whole to d and that they have not good or  chattel of the intestate in their hand to be administer except to a less value  the plaintiff reply that the defendant have compound for a less sum and that  the judgement be keep on foot by covin to defraud he c upon demurrer to this  replication judgement be give for the plaintiff one of the judgement plead in  bar be obtain in the court at Chichester hold before the mayor in debt upon  bind but the judgement as plead do not show that the mayor have jurisdiction  or power to bold a court and the declaration in the inferior court state that  the action of debt be for without mention any bind but the defendant in the  inferior court in his bar confess that the debt be due by bind hold the  defendant bar as to the judgement recover in the say court be insufficient  when by the replication it appear that the plaintiff have no cause of action  he shall not have judgement although the bar be insufficient but where the  defendant bar be insufficient in substance and the plaintiff in his  replication show no matter against himself the court shall adjudge upon the  whole record and judgement shall be give for the plaintiff Bridgm see Skinner  Carthew Lucas boundary michaelis year James rot Edward turnor gentle executor  of e turnor bring a action of debt against Edward Laurence and other  administrator of Richard Booker on a bind of make by the say Richard Booker to  e turnor the testator the defendant plead in bar a former judgement in the  king bench upon several bill which amount to c et beyond die quod alias  scilicet ad curian domini king tent at community Cicestr in guildhalda to  cause to go prd in person Roberto Adam tune mayor dict civil die moon  videlicet die fever year royal power Self dom king quarto Thomas billet to  express grief versus Self edward et elsewhere to ward off administralores  speech richardi Booker de plea quod the same Edward c To give back ei centum  libras quas ei adtunc injust detinueru super quo ad the same curian the same  Edward Laurence c solemnly drive out to be et per Leonard smith attorn suum  comperuerunt et tune to say quod Self non to be able to dedicate act prd Thom  billet prd nec quin scribe obligator army pron  interrog  idem Thomas billet  debt is owed pace de the same Edwardo c to drive out to be factum prd rich  Booker nee quin prd Richard Booker in vita svan to withhold prd Thom billet  prd debt is owed centum a balance modus et form prout prd Thomas billet adtunc  versus eos to express grief whereupon judgement be give in the same court for  the say Thomas billet and plead another judgement for in the same court at the  suit of John coke report b er p Githens and plead diverse other former  recovery in action of debt in the same court against the same coke b  administrator amount in the whole to d and that they have not good or chattel  of the intestate in their hand to be administer prterquam good et catalla  queen a Vaugh Bridgm   b sand a non moisten ad valentian prd d versus Self in  form prd regain which be Chargeable and liable to the say several execution  the plaintiff reply and say that the say recovery of the say John Githens b  Bridgm b condition to be per fraud et covinam c ad Self Edward turnor de debt  is owed his prd defraudand et decipiend upon which they be at issue to be try  by the country and as to the say recovery of the say against the defendant  that the defendant after the death of the say Richard Booker and after the say  recovery and before the purchase of the say original writ Feb year Reg nunc  have pay to the say Thomas billet parcel of the say recover by he as be  aforesaid in full satisfaction and discharge of the say judgement with which  payment the say Thomas billet hold and yet hold himself content and satisfy  and then and there offer and yet offer to release the say Edward Laurence c  the say or to acknowledge satisfaction thereof in the say court of our lord  the king at Chichester at the charge of the say administrator but the say  Edward c deceitful and to the intent to c keb roll Rep latch   a Jones c  defraud and deceive the say Edward turnor executor de justice debt is owed his  getting to know penalty de proed centum scales c sive de judgment prd to  stretch out c to carry apart et thus far to carry apart et judgment prd ind in  his oak et vigor to stay bend into a curve ad thought predictam a these word  that defendant defer procure acknowledgement of satisfaction with the intent  to defraud be the material part of the replication and it seem the payment of  the money in satisfaction be only inducement and not traversable veil v  Gatesdon W Jones that resolution Beaumont case latch anon hill t I car b r  cite arg by Hardres hard and the defendant be bind to traverse the frond  Parker v atfield I ld raym SC incorrect report Mod but he be not bind to  traverse several that each particular judgement plead be keep on foot by fraud  but may traverse general that all or any of the judgement be keep on foot by  fraud and this general form of plead can be of no disadvantage to the  plaintiff for he may take issue that all be continue by fraud and if it shall  appear upon the trial that one of they alone have be keep c by fraud the  plaintiff will be entitle to recover because the plea will be false in part or  the plaintiff may single out one of the judgement and take issue on that alone  beak v ken Carth SC Mod SC holt SC show Vid serjeant William note Hancocke v  proud sand a and make the like replication to the other recovery whereupon the  defendant demurrer in law and the point in law be when a judgement be give  against a administrator or executor for a just debt due by the intestate or  testator if the say subsequent agreement as be before allege shall avail the  plaintiff or not and it be object that forasmuch as the judgement be obtain  good fide for a just and true debt the subsequent agreement can make the  recovery covinous and so long as it remain in force unless the executor have  good and chattel in their hand above that judgement they be not bind by law to  pa any other debt and covin can be allege in do of a lawful act b if judgement  be recover against a executor upon covin but for a good cause the creditor can  avoid the recovery by plead that it be by covin to defraud he because the  party have good cause and where a recovery be upon legal cause it can be call  covinous although it be with consent and to the intent to prevent another of  his debt veil v Gatesdon W Jones d resolution Blundivell v Loverdell side  William v foul I strange and such recovery will be good although by confession  pen a suit by another creditor and although no process have be sue out in the  action upon which the judgement be confess Mackreth v Jackson I m and S in  notorious facts the judgement must be confess to the creditor and can be  confess to a stranger and must be confine to the amount of his debt a  judgement confess by a executor to a creditor of the testator as well for his  own debt as in trust for the debt of many of the creditor can be plead in bar  to a action bring against he by another creditor of the testator Tolput v well  m and S a executor may plead puis darrein continuance such judgement recover  against he in suit commence since he plead the general issue in bar in the  principal case pince v Nicholson taunt SC marsh and where in fact such a  judgement be obtain against executor before the last continuance although by  fiction of law the judgement may relate to a time prior to the last  continuance the executor may by apt plead avail themselves of such recovery by  a plea puis darrein continuance Littleton v cross barn and Cress SC dow and  Ryl I in Holbird v Anderson t r a debtor on the day on which a judgement  creditor a be entitle to execution confess a judgement to another creditor b  for a just debt who sue out execution before a s execution reach the sheriff  office and it be hold that the preference give be not unlawful nor fraudulent  within stat Elizabeth c S for it be for a just debt and not for the defendant  benefit and in Pickstock v lyster m and S where a debtor for the purpose of  defeat a impend execution make a assignment to a trustee for the benefit of  all his creditor such assignment be hold good and not fraudulent within stat  Elizabeth c b as in a writ of dower coke report a er p a blow b a a Br  collusion vin ab Covin b a against a seize if the tenant plead in abatement of  the writ a entry by the disseizee the demandant shall not be receive to aver  the entry to be by covin to abate his writ because the entry be congeable and  lawful and mix with no wrong as it be hold in Edward b but if a woman have  lawful title b blow a Fitzherbert dower Br dower Br Fauxifier de recovery Br  collusion Plowd b   a   a Edward a   a e b a   light a b I Siderf lane roll  roll Rep Perk sect ass h a vin ab Covin a b of dower and cause another to  seize the tenant against who she recover upon a good title it shall not bind  the disseizee coke a as it be hold in Edward b the same law of he who be put  to his formedon or any other real action and the reason be because the  demandant right be mix by covin with a tort which be a in herb and make the  whole act tortuous vide ass pl ass pl ass pl ass pl ass pl Henry Edward b  Edward h h h but it be answer and resolve and so adjudge that the plaintiff  shall a Bridgm a recover for a executor or administrator ought to execute his  office and administer the good of the decease b   b b lawful true and diligent  lawful in pay of all duty debt and legacy in such precedency and order as they  ought to be pay by the law true to c cart touch c convert nothing to his own  use for a executor or administrator have not the decease good to his own use  but in another d cart d right and to another use and ought not by any practice  or device to bar or binder any creditor of his debt but ought true to execute  his office accord to the trust which be repose in he diligent because e Bulstr  I e heedlessness always to have comrade misfortune then in the case at bar  when the administrator compound with one who have a judgement of for and the  plaintiff offer to f Jones f release or to acknowledge satisfaction and they  defer it to the intent that the judgement may stand in force by which the  plaintiff will be defraud of his true debt and the administrator convert the  decease good to their private use which be altogether against their office and  the trust repose in they and therefore be such agreement either precedent  before the recovery or subsequent after the recovery it be all one as coke  report b er p to the creditor who be a three person for he be defraud as well  by the subsequent agreement as by the agreement precedent and thereby the  administrator against their office and the trust repose in they will make a  private gain where they ought do and the creditor who be a stranger will lose  his debt which be by the law due to he and a agreement between two shall not  hurt or prejudice a three person and g Poph Cr Elizabeth jenk cent Goldsb    light b more roll hob lev g Goodales case in the five part of ray report fol  be cite and well apply to this case and if any prejudice accrue to the  administrator in this case it be their own fault for billet the plaintiff will  have release to they or acknowledge satisfaction but they defer it to the end  by this mean to bar the plaintiff of his just and true debt it be resolve that  the bar as to all the recovery plead in the court of Chichester be  insufficient for the validity of the say recovery be all the life and force of  the bar and it do not appear that the mayor have jurisdiction Mod or power h  Vaugh Jones cro Elizabeth cro James cro car Yelv h to bold a court either by  prescription or patent c in action in inferior court it be necessary that  every part of that which be the gist and substance of the action shall appear  to be within their jurisdiction sergeant William note I peacock v bell sand a  and the omission be error even after verdict Trevor v wall TR but as to such  matter as be insert only for aggravation of damage and may be omit and yet the  action remain it be not necessary to lie they within the jurisdiction sergeant  William note ub sup and the case cite there and where a party justify under  process of a inferior court it be necessary to set forth in his plea that the  cause of action arise within the jurisdiction of the court Evans v Munkley  taunt Vid Com dig court p vin ab court l a c it appear by the declaration in  the say court that the action of debt be bring for without make mention of any  bind and therefore it ought not to be intend that there be any bind and then  the say administrator be not Chargeable in ail action of debt d in William v  foul strange Eyre I observe that though the judgement plead be erroneous it  may be a bar for all that we the court have to look to be to see it be not  fraudulent and in prince v Nicholson taunt SC I marsh the judgement plead be  in debt on simple contract and it be urge that as debt do not lie on a simple  contract against a executor the judgement be erroneous and can not be plead  but the court adopt the authority of edgecomb v do you Vaughan and other case  cite to show that unless a executor avail himself of the objection in the  first instance by demurrer he can not make use of the objection at any  subsequent time and hold the plea good d with a simple a before a hard Yelv  Vaugh   b   b a cro Elizabeth Nov Poph Swinb and Leon more side Goldsb a  contract coke b and although the defendant in his bar do confess that the debt  be due by bind yet that will not make the declaration good for when the  declaration want b   light b Doct pl   a b circumstance of time or place c it  may be make good by the bar but when a declaration bar or replication c want c  cro car   light b Doct pl   a c substance it can be make good by the other  plea e Vid note c butt case ante   a e and so you will better understand your  book in Edward b e b e h h h h e e b blow Com vide f in b it be resolve that  in the case at bar if the d Cr James cro car Doct pl light Rep more side die  pl before b   a b godb lev hob Yelv palm winch d replication have be  insufficient sure that the say agreement coke report a er p subsequent shall  not avail the plaintiff yet upon the whole record the plaintiff shall have  judgement because the bar be insufficient in matter and a difference be take  when by the replication it appear that the plaintiff have no cause of action  there the plaintiff shall never have judgement although the bar be  insufficient as in debt on a bind with condition to perform e cro Elizabeth  cro James cro car   light b roll Rep hob e covenant in a indenture the  defendant plead performance of all the covenant general where it appear that  diverse of they be in the negative or disjunctive and so the plea in the  general affirmative be insufficient f where a negative covenant be sole in  affirmance of a precedent affirmative covenant performance general be a good  plea Laughwell v palmer side and where the negative covenant be against law  and the affirmative accord to law the covenantee may plead general that he  have perform all and the court will take notice that the negative covenant be  void and against law d res Norton v Syms more Vid Com dig pleader v e and  sergeant William note cutler v southern sand Bac ab plea and plead I f yet if  the plaintiff reply and show a breach of one of the covenant which on his own  show be no breach upon which the defendant demurrer judgement shall be give  against the plaintiff because upon the whole f postea a   b sand hob cro James  hard Bulstr Styl palm light Rep f record it appear that the plaintiff have no  cause of action for the bind be endorse with condition to perform the covenant  so that the plaintiff have no cause of action until there be a breach of  covenant and on the plaintiff own show there be not any breach which be  sufficient in law to give the plaintiff cause of action and it shall be always  intend that every man will show the best of his case but when the defendant a  cro James cro car Poph before b   b Doct pl light Rep godb palm winch Fitzgib  a bar be insufficient in substance and the plaintiff reply and show the truth  of his case whereby he show no matter against himself but matter explanatory  or perhaps not material there the court shall adjudge upon the whole record  and the declaration be good for the insufficiency of the bar without any  regard to the replication judgement shall be give for the plaintiff as if a  man plead a grant by letter patent in bar which be not sufficient the  plaintiff by replication show another clause in the say letter patent which  clause be not material and the defendant demurrer in law in this case  judgement shall be give against the defendant et such in like and so you will  better understand your book in e Tilly b hob blow b Edward a b Fitzherbert  Judgm more dyer pl and b and Woodys case h and the book aforesaid and other  book vouch in dr Bonhams case