case oxford against rivet Trinity term car roll to to know facias against a  administratrix the defendant plead plene to manage at a particular time the  plaintiff reply that at that time devastavit to visit good without name the  administratrix the defendant rejoin quod ipse non devastavit c on issue join  and verdict for the defendant she shall have judgement post SC hetl SC light  Rep roll Abr   light b dougl term Rep to know facias against Katherine rivet  administratrix of John rivet upon a judgement against the defendant as  administratrix for a debt due by the intestate croak car the defendant plead  that the intestate make his will and thereby constitute Edward rivet his son  within age his executor and that administration be commit to her durante those  inferior in rank lifetime and that he on such a day attain the age of  seventeen year and then refuse to be executor and the administration be commit  to sir Hugh Wirrell and that at the time that Edward rivet come to the age of  seventeen year she have full administer all the estate which come to her hand  c the plaintiff reply that at the time the say Edward come to his full age  devastavit to visit good of the intestate unde satisfeciss to be able to he  his due debt the defendant rejoin quod self non devastavit aliquan will do you  much good c et de hoc to put down c et prediction to express grief similiter  upon this it be try and find for the defendant it be now allege in arrest of  judgement that here be not any issue join and therefore it be a mistrial not  aid by any statute for in the replication he do not allege that Katherine  devastavit but that devastavit and Katherine be not name but by a parenthesis  Richardson chief justice Hutton and Harvey conceive it shall be construe that  Katherine devastavit for she be the administratrix and the other by intendment  can not make the devastation and the replication be that devastavit to visit  good unde satisfeciss to be able the plaintiff of his debt which be a strong  intendment that the devastavit and it shall be a good intendment to aid it  after verdict and she in the rejoinder say quod self Katherine non devastavit  et de hoc to put down see super native land et to express grief similiter and  hereupon a verdict be give which the plaintiff shall not avoid by a exception  to his own replication a see James c Geo c S and Geo c S croak car er p but  Yelverton and I hold that a intendment shall not make a replication good and a  issue can be join but where there be a direct affirmative and negative but  here be no direct affirmative quod devastavit and the court shall not intend  it to be Katherine more than another and it may be that Edward rivet the  executor non devastavit but wherever way data the court by intendment shall  not aid it where there be no issue join and the verdict can help it a