aleway against roberts m rot dam to know facias damage shall not be assess by  the same inquest on judgement give by default Edward b pl dower f Cr h pl  Stroud for the plaintiff that the heir of the tertenant that die after  judgement and before the writ of inquiry of damage and the other tenant c  against who dower be demand shall answer damage the pe bring to know facias  against the heir the tenant in the first action bring a writ of error whereby  he suspend the judgement which be afterward affirm and then he die the  plaintiff after writ of dower bring to know facias against the heir she have  actual possession of the land but yet the damage be not go because it be a  original and perfect before the writ of enquiry be award because it issue only  upon allegation of a die seize and r rot among the record of the roundhouse  Mandevils case dower de made of twigs terrae of which her husband endow her  she have judgement for her dower but not for damage and at this day the  original writ   b be determine in Trin Spitler against farmer style pl where  roll then judge cite a case that judgement of damage be reverse and the  judgement of the dower hold good because they be distinct judgement and the  sheriff needs not return his writ of seize because the original be determine  and damage be only give by the statute of Merton cap and be not at the  commonlaw light sect in a Keble er p writ of right of dower no damage be at  this day and Trin b r Zancy versus and this case be within the statute and  that this to know facias be well bring against the heir and tertenants because  dower be one of the three favourite of the law rank with life and liberty and  the delay of the execution be the party own though in course of law yet when  the judgement be affirm the court will suppose that error be bring for delay  Edward a and if she shall have it upon the act of God that have determine her  own estate a strong when she have her estate continue and dower f unless such  a action have be well bring a interpleader will not have be allow Edward b  Edward l   the surmise of die seize h may be either before or after judgement  be only ex duty to inform the court and so be the precedent upon search in the  Com bank the seize be award here upon the affirm the judgement and then a writ  to the tertenant to know why they shall not have a writ of enquiry after which  the tenant die in this case powis for the defendant the ancestor tenant of the  land in tail make a feoff before his death and after the writ of enquiry award  he die by which the damage be not ascertain and only Chargeable upon his  person be go h h cap of Merton be make only to help the defect in the  quarantine the word whereof extend only to the deforciatores Self not to any  feoff and because the act of God have determine that writ and the damage of  which it be the plaintiff own folly she have not execution of before and they  be only give to the woman in recompense of the trespass do to her in detain  her dower which be distinct from the real action and though action personal  who be born ex shrinking die not yet who be born ex fault noritur cum mask as  all trespass c die a h b Keble and the realty shall not support it as annex to  it because in all mix action where the real part be determine as h a it shall  not support the personalty but every man in mix action h b shall render damage  only for his own wrong by the statute of Gloucester as in the Inst and the  feoff shall not be charge in damage have the damage be ascertain in the time  of the heir that have be as a judgement in debt to bind the land as Yelverton  Bromle against Littleton and then shall a writ of enquiry issue forth yet the  feoff shall not be Chargeable here because he come in after the dower assign  and have he come in before the dower assign as l   and plead any false plea he  shall be charge for the whole because it do not appear but that he be the  deforceor also if he do not in a writ bring against he plead special and show  that he have be always ready h dr saint a issue f dower f he shall be likewise  Chargeable but in no case when he come in after judgement because he have do  no wrong h fol ult cite in Ognels case he have no way to defend himself and so  no one to punish pro another fault ass damage f and the damage do not charge  the land Libr Entr and so the land shall not be extend for they the court  conceive the only material point to be the nonascertaining of the damage  without which the last judgement alone be not such a clog upon the land but  this rest upon the first judgement that the land shall be charge because that  be a final judgement and be general include both land and damage which be only  suspend till the ascertain of they which be for the seize of the husband but  by Allen for the defendant non to be fluid till the writ of enquiry return  whether she shall have damage or no Adjornatur