burnet against hold executor OF Greenhill judgement in assumpsit have after  the defendant death and before the day in bank SC Mod raym a to know facias  against the defendant as executor on a judgement in assumpsit against the  testator the defendant demand oyer of the judgement on which it appear that  the testator die after the verdict have for the plaintiff on non assumpsit and  before the day in bank leave the defendant his executor and the judgement on  which the plaintiff bring the to know facias be enter the next term on the new  statute make at Oxford and the defendant plead a debt due to he levinz by  obligation of the testator for and a judgement by the testator to the Lord  Arlington and that he have not asset beyond which he retain to satisfy himself  and the Lord Arlington on which the plaintiff demurrer and now the principal  question be if this judgement to the plaintiff shall so relate as to be to all  intent as a judgement have against the testator in his life and the case be  argue at the bar three several time videlicet in mich car and in Hillary  follow and afterward in Trin car when hale be chief justice by Coleman and  twice by sander for the plaintiff and by Jones winnington and levinz for the  defendant and for the plaintiff it be argue that by the aid of the statute  this judgement be now make a judgement against the testator although he be  dead before and be unavoidable and so be Payable before debt on obligation  also that the judgement have by the Lord levinz er p Arlington whereon no to  know facias be sue be not pleadable against this judgement on which a to know  facias be sue but for the defendant it be argue that the intent of the statute  be sole to make the judgement good and not voidable by error for the statute  say for avoid suit and delay be it enact that the death of the defendant after  verdict and before the day in bank shall not be assign so that it be enter  within such a time afterward Q but it do not say that the judgement shall be  good and effectual as if he have be live for after the death of the testator a  retainer to satisfy himself his own debt before the judgement have be a good  administration and now by the judgement afterward it shall be a mal  administration and a devastavit by satisfy a debt on a obligation before a  debt on simple contract with such judgement and also shall make a judgement  which be good without a to know facias sue thereon not pleadable nor  satisfiable by that to know facias enter on this judgement on simple contract  which at the time of the testator death be not Payable till after both the  debt on the judgement and the obligation and all this by relation which be but  a fiction in law and suppose he have devise his land though the devise be good  at his death yet shall the land be Chargeable by this judgement have after his  death in mich car Twysden and Moreton hold against the plaintiff but Kelynge  and Rainsford for the plaintiff but in Trin judgement be give for the  plaintiff by hale and Moreton Twysden continue of the contrary opinion and  Rainsford say nothing