ball and cox fine reverse for death of the conusor after the caption and  before the king silver pay error to reverse a fine because the conusor die  after the caption of the fine and before the entry of the king silver levinz  pro quer in error a fine be in nature of a action and there shall be judgement  in it c and therefore the death of the party shall abate the writ   a Inst it  be not a fine before the entry of the king silver dyer a cro the fine give pro  freedom to agree imply that it can t be pay before the concord make like the  lord S take a fine of his copyholder Inst l congee d accord be that the  concord be such c I agree that a matter against the essence or substance of a  record can t be assign for error as nul tiel record c otherwise Comberbach of  a circumstance only Inst sire S case a strong case against a double record if  the party die before judgement it be assignable for error on the judgement  although the whole be enter on record and that allegation be contrary to the  record   hind S case that there may be a averment of the time of a bargain and  sale enrol contra the enrolment h it be triable per pais whether a writ of  error come to the party before execution grant or not the assertion of the  other side be contrary to the record for a record take the that of July can t  be a good record of the precede term and the caption be of the substance of  the time and so it appear on the record sir George Treby contra the matter  allege be direct contrary to the record and therefore it be not assignable for  error die   cro cro Yelv hut roll Abr in the caption be no part of the record    it be not mention d there vide Edward that fine shall be levy in c b the  Edward give authority to levy by dedimus power but do t mention the caption  Elizabeth c of certify the day c be distinct from the caption and the caption  may be certify without it manuscript of baron Walter agree that the caption of  a fine may be take out of term that be throw and so the law have be take ever  since a averment that the party be dead c can t be where a judgement be enter  d in not common with others mask otherwise where it be by attorney Comberbach  er p it be resolve by the whole court that the fine be good for otherwise it  will be very inconvenient and per Powell there can be no averment in this case  against the record