case anonymous a to know facias be bring by baron and feme upon a judgement  recover by the feme while sole and after execution award the husband die a  right be attach in the wife vern atk corn dig holt skin SC Eq can Abr Freem Ch  Rep Ch Cas and the case there cite the case be this a feme sole recover and  have judgement in debt upon a bind and afterward marry and the husband and  wife sue out a to know facias upon this judgement and have execution award but  before execution have the baron die comens er p and his executor sue out  execution sir Barth shower urge that the to know facias bring by the executor  of the baron lie not for the debt be not vest in the husband by the award of  execution on the to know facias bring by he and his wife if a man take a wife  to who I S be bind in a obligation and the husband and wife sue the obligor  and get judgement and the wife die the debt be vest in the husband for that  which be before a choose in action transit in remember judge c and be of  another nature from what it be before the coverture but a choose in action  shall never vest in the husband by the coverture if he do not gain the actual  possession of it or at least alter it so that it be no long a choose in action    Litt b a and it be for this reason that where husband and wife have  judgement upon a bind make to the wife dumb sola the choose in action be alter  and n action lie afterward upon the bind but debt must be bring upon the  judgement but where husband and wife have execution award in to know facias  upon a judgement they may afterward bring debt upon the same judgement but  they never can have debt on the judgement in to know facias the to know facias  comens be no more than a writ of execution for at commonlaw if the plaintiff  do not sue out execution within the year be can not do it afterward but ought  to bring his action of debt upon the judgement and therefore the statute of  Westminster cap give the to know facias which be but a writ to have execution  after the year if the party have nothing to say to the contrary and for this  reason if execution be award in the to know facias it do not alter the nature  of the thing upon which the to know facias be bring if a to know facias be  bring upon a recognizance and execution be award there may be another to know  facias upon the same recognizance and this case be different from that between  obrian and Thomas comb holt SC Mod SC with the plead Carth S c a adjudge in b  r this case isknown by the name of obrian versus ram there a to know facias be  bring against the husband and wife upon a judgement against the wife dumb sola  and execution award against they and afterward the wife die and the husband  remain charge for the word be quod to have performance versus eos but holt c j  say that he do not see any difference for that judgement in the to know facias  be against husband and wife for a debt owe by the wife and upon the death of  the wife the charge survive to the husband and so in the present case as the  husband and wife have judgement in to know facias for X debt due to the wife  the benefit thereof survive to the husband for the judgement be joint and for  that reason it shall survive comb Carth S c salk salk SC Com dig Bac Abr Bac  Abr holt skin S c cro car b if the husband outlive the wife he shall have the  benefit of it if the wife outlive the husband she shall have the same benefit  rokesby I doubt because the nature of the debt in the present case be not  alter