carter law versus Toothill Rawlins vide Ceo case argue devant Newdigate  sergeant pur lAvowant S c carter replevin it be the opinion of all the book  former that those which be no party or privy to a judgement or recognizance as  their executor or administrator though carter er p within the year can take  out a new execution without a to know facias to enable themselves to the suit  but now the law be take otherwise otherwise in case of a statute staple or  merchant coke great chart foe Rep Garnons case Fitzherbert n b b Edward foe  title collusion I shall ground my self much upon the reason of a old book if  abbot recover damage and die within the year his successor shall have a to  know facias the reason of that come full to this there be a judgement and a  quale law award the nature of a quale law which be a judicial writ be like  that of a elegit the reason be because the tenant may have full time to plead  and therefore the quale law shall not issue out without a to know facias so in  our case because the person be alter in this case he that will avoid payment  of the rend be the same person that in justice ought to pay it he have the  land and claim not under the conusee the extent upon this elegit be without  any warrant execution upon a recognizance differ much from a judgement for  execution may be sue upon a judgement within the year without to know facias h  n b in our case here be a recognizance to savage and potter after elegit award  suppose potter that be now dead release it be reason Gideon shall have time to  plead Hobart p Leicesters case yely the same case croak James Goodears case in  the next place I conceive this execution be not voidable but void in many case  where execution be award without warrant a writ of error lie yet it be  frequent for the court to grant a supersedeas when the execution issue without  warrant by the same reason that savage bring elegit without to know facias by  the same reason a to know facias may be take out in potter name that be dead  two conusees and one alone both be alive sue out execution its not good the  execution must be in pursuance of the judgement and must not vary crok James  foe wharton versus sir Edward Musgrave the to know facias ought always to  pursue the first action crok car Snapes case object Richard foe h foe  execution be good without a to know facias and dyer foe resp in dyer after  debate the court be of opinion that it be the sure and safe way to have a to  know facias and the writ in the register be a good argument carter Fitzherbet  n b b agreeable to this late opinion be the old Edward dyer queen foe b the  execution be not complete or perfect for it be not execute Edward foe brook  title to know Fac I conceive the pray of it in the life of the conusees be no  execution complete whensoever a sheriff do execute elegit without warrant or  if he have a warrant and do not execute it accord it be void Oldfield and  Harris case p car b r I pray judgement for the avowant Holloway segeant contra  this last elegit be well execute without the help of a new to know facias they  be joyntenants it survive it appear they be by the joint acknowledgement the  judgement do survive savage be a party to the judgement and first to know  facias here be no change of the person the second reason No other person but  the survivor can have this execution three the survive conusee claim not under  potter who be dead but paramount a to know facias be for these two use to give  notice to the court that they be not surprise and to show cause why he shall  not have judgement fourthly we be now in the case of a judgement the end of  all judgement be to have right do authority I shall name but one or two Edward  Fitzherbert exec Noy p if two recover in debt and before execution one of they  die the survivor may sue out execution without a to know facias because he be  privy and party to the judgement object coke magnacarta sur stat Westminster  chap foe a man that be not party to the record recognizance fine or judgement  as the heir executor or administrator though they be privy and within the year  shall have no writ of execution but be to have a to know facias to enable they  to the suit resp this come not to the reason of our case here be neither heir  executor nor administrator but survive conusee object more Rep foe Ishams case  carter er p resp that be not the principal case in the book but cite in the  middle its a concession only against that I oppose the authority of Noy which  be a judgement and therefore of better credit noise case be when the Lord coke  sit in court I pray judgement for the plaintiff carter boundary paschae car in  come ban