case james HYOTT against Hoxton and broughton in hearing complaint if the  plaintiff allege that one conusor be in execution and escape and that  afterward the conusee the land of the plaintiff the other conusor eiden c  deliveravit where it ought to have be by the two sheriff to weigh well to take  care of yet the declaration be good for it show a sufficient gravamen and the  defect be only in matter allege in aggravation of damage ante post   Ent dyer  cro Elizabeth Bulst Jones latch term Rep error in the king bench upon a  judgement in hearing complaint in the common plea by Hoxton and Broughton  surmise whereas they be bind in a statute a see car c and will mary c post  croak car er p acknowledge before the mayor of Hereford to Hyott and be sue  execution upon that statute and thereupon the say Hoxton be take and let at  large by the sheriff of Salop with the assent of the say Hyott whereby they be  to be discharge of any other execution against they that notwithstanding the  say Hyott to vex the say Hoxton and Broughton minus just by virtue of a  inquisition find before the sheriff of Salop and the sheriff of Hereford such  a day and year the land and good mention in the inquisition eiden jacobo  deliveravit where it ought to have be by the two sheriff to weigh well to take  care of otherwise it be insensible that the plaintiff shall deliver to himself  and this be assign for error that the declaration be insufficient it not  appear that the say good and land so extend be deliver by any sheriff but by  the party himself and so much the rather because the judgement be that they  shall be restore to what they lose it do not appear what they lose nor what be  deliver in execution but all the court conceive it to be no error for the writ  be good enough which show sufficient cause of discharge and comprehend that he  be minus just grieve by delivery of their land in extent it be sufficient  without other declaration and when the declaration be good in point of the  cause of discharge although the matter be ill in point of aggravation of  damage yet the writ be good and the issue take upon the cause of discharge and  find for he the judgement be good for the default in the declaration be not  material and as to the objection that be uncertain it can be refer to inquire  what be lose or take in execution that may very well be supply by the writ of  enquiry of what damage c and so this writ be find he may be restore whereupon  the judgement be affirm   bk Ent