case haw against leader debt against a administator for convert good plea that  the intestate be indebt name person and sum and make a fraudulent gift to the  plaintiff of the good demand contrary to Elizabeth c and still keep they in  his possession replication that he have sufficient asset ultra and that the  deed be make on good consideration on which issue join be good   salk dougl a  issue refuse at the assize because it be not well join averment lev side salk  plea of no asset ultra must show that the debt be due by special lev cro car    Ent sand Mod Com dig take a decease property under a fraudulent deed make a  executor de son tort dyer Richardson administrator can retain asset upon a  plea that debt be due and no asset ultra fraudulent gift be only void against  purchaser and creditor but not against the party themselves or their  representative debt against the defendant as administrator of Thomas Cookson  the case croak James er p appear to be that the say Thomas Cookson for twenty  pound pay by the plaintiff into his hand upon the that February James grant  all his good mention in a schedule annex to the deed and give possession of  they by a pewter dish with a covenant that he his administrator c shall safe  keep and quiet deliver they to the plaintiff upon his demand and bind himself  in forty pound to the plaintiff for the performance of that covenant Thomas  Cookson afterward die and upon the that march year James the plaintiff demand  the good of the defendant be his administrator who will not deliver they  whereupon the plaintiff bring this action and in his declaration show in  specie what good be contain in the schedule the defendant plead the statute of  Elizabeth c of fraudulent deed and gift c and further say that Cookson the  intestate that February James be indebt to diverse person in several sum name  both the person and sum amount to a hundred pound and be so indebt upon the  that February James make the deed of gift abovementioned be then of those and  other good possess to the value of eighty pound and no croak throw more and  that it be make of fraud and covin betwixt Cookson and the plaintiff to  deceive his creditor name and how that Cookson notwithstanding the deed of  gift use and occupy all the good during his life and that administration after  his death be commit to the defendant the plaintiff reply that the defendant  have asset in his hand to satisfy the debt demand and that the deed of gift be  make upon good consideration c whereupon they be at issue at Huntington assize  coke refuse to try it because the issue be not well join and a repleader be  order upon which the defendant plead ut above and the plaintiff demurrer first  because the defendant have not aver in his bar that the debt due be unpay to  the creditor name second because he do not show that the debt to the suppose  creditor be due by special for otherwise the matter of his plea be not good  because the defendant can plead such a plea but to excuse himself of a  devastavit which can not be in this case for a administrator be not liable to  debt if they be not upon special three the defendant suppose it will be a  devastavit in he if he shall deliver the good to the plaintiff which  werecontained in the deed of gift which be not so for those in the plaintiff  hand be liable to the creditor as a executor do son tort demesne if the deed  of gift be fraudulent fourthly it may be the creditor will never sue for the  debt and then the defendant may thereby justify the detainer of the good for  ever which will be inconvenient five the defendant be not such a person as be  enable by the statute of Elizabeth c to plead that plea for the statute make  the deed void as against the creditor but not against the party himself his  executor or administrator for against they it remain a good deed it be  therefore adjudge for the plaintiff