burnet against hold executor OF GRENHALL executor in to know facias on  judgement mich the defendant pray oyer which be in action sur case and the  judgement the first day of mich term and that the testator against who the  judgement be give die after the day of Ni prius and before the first day of  mich term be then in debt to he by obligation and to the Lord Arlington by  judgement and that he have not asset ultra I for both to which the plaintiff  demurrer and sander pro plaintiff will not much insist on the point of  retainer albeit not so plead real by payment of the executor own motley or  election to have these particular good but by supposition but per curian all  be one be aver he do retain it be sufficient without particular choice he  conceive the last judgement shall be prefer be ground on a fiction of law that  work no wrong no execution be sue out on the first judgement and the executor  can not assign error in the testator death as h the abbot of saint Albon case  in to know facias but be put to a writ of error therefore this shall be as a  judgement against the testator else be but a assumpsit the bind may be plead  in bar or judgement confess on simple contract and roll title executor  judgement against the testator as to good have no priority which the court  agree and the statute be make for the plaintiff advantage winnington pro  defendant Keble that fiction of law shall not roll Williamson and Norwich  avoid collateral act but a executor of his own wrong by administration commit  may retain not Keble er p withstand it be pen a just action against he and    drury case collateral act execute remain notwithstanding judgement reverse but  per curian not a retainer if judgement be reverse also before judgement the  verdict do not more alter the nature of the debt than the commencement of the  action all which be executory till judgement I roll Sheddales case he may  retain on simple contract against other indebitatus or contract not by bind c  here be a priority therefore not like Leond bind and Davies for here be no  judgement against the testator at his death but a judgement be Payable now  before a statute   Yelvert and roll which be but a thing record also the court  be not bind to enter the judgement by the statute only it be salve as to be  erroneous also the executor can have no notice of the latter judgement at the  testator death Com h nor of the verdict which till entry can be find also this  prevent only abatement by death Moreton conceive this relation shall not avoid  the retainer nor the prior judgement in regard debt lie not on the verdict and  it will be hard the statute shall by two intent of give authority to enter  verdict and affirm judgement overreach former judgement or retainer raynsford  agree strong as to the retainer be as a remitter without other remedy and no  relation shall avoid thing execute but a bind pay before money due after by  recognizance before be good and no devastavit but the judgement be of equal  nature and degree the statute make it only irreversible so the last be first  sue must be first pay Twisden full agree with Moreton that this judgement can  relate more than at commonlaw which be only to the day in bank and the death  before be only by the statute make no error and there be no aim to make the  judgement relate far than as at commonlaw to the term of entry also in debt  against the executor on obligation before plea plead he may pay or retain in  equal step which he say he hear rule it be true if the executor plead full  administer after the writ and will pay a debt in equal step after doubtful how  he shall help himself some hold by to know facias but here the executor can  plead full administer by the Act which relate not to the original action the  judgement for the same reason as before be not in eaquali step in regard the  statute intend not to put any man into worse condition than he be in before  Keeling Ch just that here Keble appear notice of all by the to know facias so  the only question be if this process in the testator lifetime do not put the  debt in superior degree and the executor can not plead till he be require so  to do by the plaintiff and if the testator owe debt to a and b after verdict  at suit of a the executor can pay b without devastavit so he can retain both  judgement be against the testator therefore be in equal step and no mischief  in pay either first et adjornatur