case brace against Pennoyer if on a writ of error on a judgement in trepass  against three one of the plaintiff in error die before the record be certify  the court on a suggestion be make of the death will grant execution against  the survivor without a to know facias S c salk S c holt S c Mod S c comb S c  Carth S c Mod in trespass there be a judgement in the common plea against  three defendant who bring a writ of error in this court and before the record  certify one of the plaintiff in error die and after his death a capias ad to  give satisfaction be take out against the other two survive without bring a to  know facias the question be whether there ought not first to be a to know  facias because as it be say the execution vary from the judgement and be not  pursuant to the record because there be a alteration of the person from three  to two it be true where one be not party to the record as heir executor or  administrator he can have no execution without a to know facias though it be  within the year because the alteration of the person alter the process but it  be as true that if two plaintiff recover and one die before execution the  survivor may take it out without a to know facias because he be party and  privy to the judgement and if it modern shall happen that the dead man have  release the judgement the defendant may bring a hearing complaint and be  relieve vide salk a it be true if one of the plaintiff in error have die after  the affirmance of the judgement there must be a to know facias in replevin  three defendant make cognizance c sackville case dyer b and a verdict be give  for the plaintiff in Michaelmas term in the second year of queen Elizabeth one  of the defendant die after the last continuance yet judgement be give against  the other two survive without a to know facias by which it appear that  execution may be take in this case without any suggestion make on the roll and  without application make to the court curian a to know facias be not necessary  upon the abatement by the death of the party for what need be there of it when  the party can plead to it if they press for a return of a writ of error it  will be certify and without a suggestion upon the roll he have no mean to know  that one of the party be dead vide lily c therefore such a suggestion ought to  be make see will c S d and then to pray execution against the survivor modern  er p et because super examination constat cur that one of the defendant be  dead therefore the court do award execution against the rest and for this  reason a supersedeas be award because improvident trinity term the nine of  William the three in the king bench sir John holt Knt chief justice sir Thomas  Rokeby Knt sir John Turton Knt sir Samuel Eyre Knt justice sir Thomas Trevor  Knt attorneygeneral John hawles Esq solicitor general