case williams versus lee June in the paper of plea and demurrer a specific  legacy be leave to l he apply to the plaintiff the executor who assent but  delay to deliver it l bring a action of trover for it and have a verdict and  pound damage the executor prefer his bill here and insist saint a action of  trover will not lie for a legacy and dly that it be a verdict against  conscience the damage be excessive the court hold that after a executor have  assent a action of trover certain lie for a legatee and that this be not a  case where they will relieve against a verdict and therefore allow the plea of  the verdict and judgement the bill be bring in order to set aside a verdict  and judgement at law as obtain against conscience the defendant plead the  verdict and judgement in bar the case as state by Lord Hardwicke be as follow  a specific legacy be leave under a will to the defendant in this court he  apply to the plaintiff who be the executor and who assent to the legacy but  delay to deliver it the defendant bring a action of trover for the legacy  consist of several specific thing mention in the will and have a verdict and  pound damage the equity the plaintiff insist upon be first that a action of  trover will not lie for a legacy atkins second that it be a verdict against  conscience the damage be excessive as to the first it be very extraordinary if  a legatee must in every instance bring a bill in this court for the recovery  of a legacy against a executor for though it be say by the plaintiff counsel  that after a testator debt be pay the residue vest in a executor and the  legatee be not entitle to it at law yet after a executor have assent a action  of trover will certain lie for a legacy vide Atkins v hill Cowp hawk v sander  ibidem as to relieve against verdict for be contrary to equity those case be  where the plaintiff know the fact of his own knowledge to be otherwise than  what the jury find by their verdict and the defendant be ignorant of it at the  trial as where the plaintiff action may be for a debt c and the defendant  after the verdict discover a receipt for the very demand in the action here  the court will relieve but even in these case they will not always relieve  against a verdict where the atkins er p defendant submit to try it at law  first when he may by a bill of discovery have come at this fact by the  plaintiff answer upon oath before any trial at law be have but this be not the  present case for though the plaintiff at law first of all make a affidavit the  demand be worth forty pound that be do only in order to hold the defendant  there to special bail for he declare for thing leave under the will to the  value of pound and the jury give a verdict accord but suppose the damage be  excessive the defendant at law ought to have apply to the court of common plea  where the cause be try and move for a new trial on account of the excessive  damage and as the defendant at law know of the plaintiff affidavit where he  swear to the cause of action be forty pound he may have use this as a argument  upon the motion for a new trial that the plaintiff himself upon oath value the  legacy at a five part of the damage only his lordship allow the plea Reg lib b  fol