case burk versus brown August in the plea of a alien you must aver the person  be analien or otherwise it be no bar Lord chancellor there be several point  here that rare come before a court of equity but when they do I must judge of  they strict as in a court of law one of the plaintiff demand relate to the  real estate of the plaintiff wife father devise by he to the mother a account  be seek by the bill of this estate a plea put in of a conveyance to the  defendant by the mother and also a plea of a alien now it must depend mere  upon the disability from the mother be a alien for the defendant have not make  out the other part of the conveyance to himself atkins er p though if a  voluntary settlement have be show from the mother notwithstanding her be a  alien I shall have think atkins it a bar to the plaintiff demand but nothing  be more frequent than for party to desert the strong part of the case and  endeavour to cover it with a weak then it must depend single upon the plea of  her be a alien and consequent incapable of transmit any descent of those land  to her daughter as to the show the want of civil blood I must lie this out of  the case because the defendant have not aver in his plea that she be a alien  then it rest single upon the plea of inquisition on behalf of the crown by  which it be find she be bear at Rotterdam now as to that to be sure it be a  unfavourable plea for it be a very extraordinary thing that the defendant  shall have seek out for a disability in his wife and procure a inquisition  from the crown if it have not be original with a view of get a grant of it to  himself I must take it as strict as if he have plead to a action at law and  will make no presumption in favour of such a plea it set out pretty odd for  the word be by mean of the devise this defendant in the right of his wife  become seize of all the real estate a alien to be sure be capable of take by  purchase but by that be mean a conveyance at commonlaw or any other kind of  purchase but then it be for the benefit of the crown har   Litt a b note I  know of no instance where a woman alien be in possession of a estate but that  it must be for the benefit of the crown and I do not remember it have ever be  hold that the husband by marry her can be say to be seize of this estate in  case of forfeiture to the crown a escheator be a know officer and commission  of this kind shall be either direct to he or to a number of commissioner of  which there must be a quorum but here the direction be to the advocate general  and the custom of direct to he at Jamaica be not set forth and beside Jamaica  be divide into different district and it be not show here that the commission  be direct to the particular district where the land lie and therefore as  irregular as if the crown shall direct a commission to commissioner in London  to atkins try whether land lie in ken or Essex be in the hand of a alien the  commission find indeed that she be a alien but commission of this kind be  distinguish from commission of attainder for that be only for the sake of  inform the crown but a commission to inquire whether the person be a alien be  to entitle but no body be bind by it for a man may traverse it in the proper  court of law and be returnable in the exchequer where the party against who it  be find may dispute the justness or validity of it but as the defendant have  not aver whether the mother be a alien or not it be still open to be  controvert by the daughter and therefore as to that part of the plea it be no  bar the defendant plea as to the personal estate be a state account and a  conviction of manslaughter a man who plead a state account must show it be in  write and likewise the balance in write or at least set forth what the balance  be neither of which be do in this case as to plead of state account see ante  vol Dawson v Dawson note as to the plea of conviction there be no colour to  say that this shall stand as a plea for I can take thing of this kind to a  common intent but must judge with equal strictness as if it be a plea at  commonlaw the defendant in his plea say that in October in Galloway a give a  mortal will to b of which he languish and die but do not say in what part b  receive the will that it be try at the assize at Galloway but do not say the  person who try it have a commission of gaoldelivery or that they be justice of  oyer and terminer now this be not sufficient for in a plea you ought to set  forth the jurisdiction and that they have a right to try it or it will not be  strong enough to forfeit personal estate as to the plea of not make the  attorney general a party there can be nothing in it for the reason I say  before because a inquisition of attainder be only to inform and do not entitle  the crown to any right all the plead must be overrule atkins er p