case Dorchester against web Michaelmas term car roll if the obligee of a joint  and several bind make the executor of one of the obligors his executor this do  not release the other obligor and such executor if be have no asset of the  decease obligee in his hand may maintain a action of debt on the bind against  the survive obligors post S C Jones SC hut roll ab more cro Elizabeth hob    light b Plowd side Yelv salk Carth Leon lev case tempt Talb stram fitzg Bac ab  Bac ab ld raym sand term Rep if a executor plead plene to manage and it be  find against he the plaintiff shall have judgement for the entire debt  execution for asset find and a to know facias for the residue ante debt by  whether Dorchester executrix of whether row upon a obligation of l by William  web the defendant plead that John Dorchester late husband to whether and the  say William web be oblige in this bind joint and several to the say whether  row and that the say John Dorchester die and make the say whether his wife the  croak car er p now plaintiff and the say whether row the obligee his  executrixs and that the say whether row renounce and the say whether  Dorchester administer and that asset to pay the say debt come to the plaintiff  et hoc c the plaintiff confess the will of John Dorchester and that the say  whether row renounce and that the say whether Dorchester full administer all  the good of John Dorchester and after the say whether row make the plaintiff  her executrix and that neither at the death of the say whether row nee unquan  postea any good of the say John Dorchester come to the hand of the plaintiff  the defendant upon this demurrer sir John bank and Grimston argue for the  defendant and calthrop and sergeant ware for the plaintiff and the defendant  much insist that when the obligee make the obligor his executor it be a  release in law of the debt and so it be when he make one of the obligors his  executor for a release to one be a release to both and by the same reason when  the obligee make the executor of one of the obligors who be Chargeable to that  debt his executor it be a release in law of that debt for be may not sue  himself nor his companion and although it be plead that be full administer the  good of John Dorchester yet that be not material nor alter the case for she  remain always the executrix of John Dorchester and may have the good of the  say John Dorchester and for that purpose cite mary shipley case   that if a  executrix plead plene to manage the plaintiff may take judgement present and  expect when she have asset croak car but Jones Berkley and myself Richardson  be absent agree that the defendant have no cause of demurrer but that  judgement shall be give for the plaintiff first we agree that when the debtee  make the debtor his executor it be not absolute a discharge of the debt for  the debt remain as asset in the hand of the debtor executor and be quasi a  release in law because be can be sue but it be a mere suspension of the action  where a feme debtee take the debtor to husband or if a man debtee take the  debtor to wife that be a release in law because they may not be sue and  personal action once suspend be perpetual suspend but where the executor of  the debtor be make executor to the debtee he have nothing thereby in his own  right but be only to use a action in the right of another and although she be  executrix to John Dorchester yet when she have full administer all the estate  of the say John Dorchester before she be make executrix to whether row she  have in a manner discharge herself of be executrix to John Dorchester and have  not any thing of his estate and they deny the law to be as it be cite in  Shepleys case a that if a executor plead plene to manage the plaintiff may  pray judgement against he when asset come to he but the plaintiff be to be bar  if he acknowledge it and if he deny that he have not full administer which be  find against he he shall be bar also and pay cost to the defendant the  difference be when it be find that the defendant have some asset although of  little value so as be have not full administer the plaintiff shall have  judgement for the entire debt but be shall not have execution but of as much  as be find and shall not be bar for the residue and if more asset come  afterward he may have a to know facias to have execution thereof but if it be  find that be have full administer or if it be so plead and confess the  judgement shall be against the plaintiff and so be all the precedent wherefore  here she have full administer all the good of John Dorchester and not be  Chargeable to that debt as executrix to John Dorchester she as executrix of  the say whether row may maintain this action against the say web the other  obligor wherefore it be adjudge for the plaintiff vide Edward pl Edward pl  Edward pl Henry pl Henry pl Henry pl   needham case a   Godolph croak car er p