case cleve against veer Trinity term car roll if the conusee of a statute  staple die and his executor sue a extent in chancery but before execution  execute the executor die and administration de good non be grant to c who  continue the process and after the extent return sue out a liberate of the  conusers land which be take in execution upon the to stretch out facias bring  by the executor of the conusee and have they deliver to he the extent be void  and the conusee may recover the land back by a action of ejectment Jones roll  ab ejectment on a lease by Edward Dobbs of land in Dustsborn abbot in the  county of Gloucester upon not guilty plead a special verdict be find that the  say Edward Dobbs be seize in fee tail of that land and be so seize be bind in  a recognizance in the nature of a statute staple accord to the Henry c  acknowledge before sir Henry Hobart chief justice of the common plea in eight  hundred pound to William blithe that he the say William blithe James make  Elizabeth Throgmorton his executrix and die saint July I car that the say  executrix prove the will and for the say eight hundred pound that July I car  sue out of the chancery a to stretch out facias returnable in chancery octabis  michaelis that afterward and before the return of the writ videlicet that  August I car the say Elizabeth the executrix die and that d September I car  the sheriff army short catalog prediction to take in hand search whereby be  find that the say Edward Dobbs be seize in fee tail to he and the heir male of  his body of the say tenement in question at the time of the recognizance of  the annual value of l S d and at the day return this inquisition into chancery  they find that on the that August which be in car administration of the good  of William blithe not administer by Elizabeth Throgmorton who die intestate be  commit to Robert Throgmorton who d may car obtain a liberate out of the  chancery to have the say land deliver to he the say Robert Throgmorton  administrator which be return that d June car the sheriff deliver the say land  to the say administrator tenendum accord to the say extent whereby he enter  and be seize prout law c and that the say Edward Dobbs enter and let to croak  car the plaintiff prout in the declaration whereby he enter and be possess  until the defendant as servant to the say Robert Throgmorton the administrator  oust he and if c Bulstrode and roll upon this special verdict argue at the bar  that this extent and liberate be void for the extent be sue by the executrix  upon the statute make to her testator and she die before the inquisition take  the inquisition take after the death of her who sue it be void for the writ be  to apprise and seize into the hand of the king ut ei to set free to make to  the say executrix and she be dead before the say inquisition be take so as it  can be deliver unto her the inquisition take after and return be void and for  this they rely upon hell bro title statute merchant second it be object admit  this extent be not void for that cause yet the liberate be not well execute to  deliver it to the administrator for the executrix sue it as executrix to  William blithe the testator and she die intestate this writ be sue by the  administrator who come paramount her and claim immediate from the first  intestate can upon this extent sue by the executrix have the croak car er p  liberate but he ought to commence de to make new and procure a new certificate  and a new extent and liberate and compare it to Henry pl and the case Henry  cite   in Shelleys case that if a executor sue a debtor upon a obligation make  to his testator and recover and die intestate the administrator of the first  man can have a to know facias upon this judgement a because be come in  paramount the executor who recover but he ought to begin de to make new and  also compare it to the case of a statute merchant where the conusee procure it  to be certify into the chancery and a capias thereunto returnable into the  common plea as be usual or into the king bench b and the conusor be return non  be invention and after the conusee make his executor and die before the  execution make by to stretch out facias big executor may not have a to stretch  out facias but ought to have a new certificate out of the chancery and a new  capias as it be f n b dyer Edward Edward Jones and Berkley justice hold that  for both cause the liberate be not well execute but void but I hold the  contrary yet to the first I agree that if a extent be take in the name of one  who be dead before the testae of the writ it be void accord to the say  yearbook of Henry but where a extent be sue and the party who sue it die after  the testae of the writ and before the inquisition take in that case the  sheriff ought to inquire what land the conusor have at the time of the  recognizance acknowledge and to make enquiry of the value of they and to seize  into the king band and return they into chancery and the sheriff be not bind  to take notice of the party death who sue it for he be only to execute and  return his writ but if execution be sue in the name of one who be dead before  the croak car testae it be mere false and void and upon this if the party be  take he shall have remedy by hearing complaint or otherwise as the case  require second I hold that the liberate be well execute at the suit of the  administrator for I agree the case that a administrator shall not have a to  know facias upon a judgement obtain by a executor because he come paramount  that judgement and be not privy thereto and that if a testator procure a  certificate upon a statute merchant and a capias be return into the common  plea and the testator die after the return and before the to stretch out  facias award the executor must have a new certificate and a new capias and  shall not have a to stretch out facias upon the capias return because be be  another person and in another court but upon a statute staple or a  recognizance upon the Henry c in nature of a statute staple a certificate be  make and deliveredinto the hand of the clerk of the crown in chancery in that  case by a warrant from the Lord keeper he shall have a to stretch out facias  thereupon for this be execute and return be deliver unto the petty bag and  although he who procure it be dead yet be all in one court and appear on  record it be not the course to have a new certificate and extent but the  executor or administrator upon his oath in chancery and show of the testament  or letter of administration shall have a liberate without be put to a new  certificate and new extent because it be all in one and the same court the  clerk of the petty bag say it be the usual course in chancery when there be a  to stretch out facias upon a statute staple or a recognizance in nature of a  statute staple at the suit of one who die that the executor or administrator  upon his oath that he who sue it be dead be to have a liberate recite the  former extent and of this Brampston doubt et adjournatur a a but see now car c  by which this case be provide for b f n b vent Com dig a it be move again and  judgement give for the plaintiff post croak car er p