bullen versus Gervis debt it be no plea for the administrator to say the  intestate die outlaw Robert Bullen bring a action of debt for upon a  obligation against William Gervis administrator of Owen Godfrey the defendant  plead that the intestate be outlaw at the suit of Francis Murrell after  judgement and plead it special and be so outlaw die and that outlawry be in  full force judgement si action whereupon the plaintiff demurrer e there by  Littleton between young and Pigot in a action of debt against executor it be  hold a good plea to say that their testator be outlaw for they be charge to  the king for the good Genny say that the plea amount only to this that they  have not any good and so answer argumentative and e by Brian in a writ of debt  bring against executor it be a good plea to say that their testator be outlaw  sans ill entitle h by Prisot in debt against one as executor of jane the  defendant say that the say jane be his wife and demand judgement si action and  it seem this be no plea because that a feme covert may have many thing which  the husband shall not have as choose in action and she may make executor if  the baron agree Hutton er p and Prisot say sir it seem to I that it be no good  plea for a executor to say that his testator die outlaw causan how above Qure  car good means upon the read of the record it seem that it be no plea for it  be only by implication and that may be give in evidence also the executor or  administrator may have diverse thing which be not forfeitable to the king as  if the testator have mortgage his land upon condition that if the mortgagee  pay not at such a day to he his executor or his heir a hundred pound that then  it shall be lawful for he or his heir to reenter and after and before the day  the testator be outlaw and make his executor and die and at the day the  mortgagee pay the money to the executor that be asset and n t forfeit to the  king Hutton so if tenant for life of a rend be outlaw and the rend arrear and  make his executor and die this arrearage be due to the executor and be asset  and not aforfeited for the rend be a freehold for which during his life no  action of debt lie and these arrearage recoverable by the executor be asset  also if this shall be a good plea which be only by implication he may thereby  prevent the plaintiff of his recovery also though choose in action be by  information in the exchequer recoverable yet if the executor bring a to know  facias upon the judgement he shall recover and shall be Accountable to the  king therefore and the debtor of the intestate though he be outlaw may pay the  debt to he and his release be a good discharge to they also it be agree that a  executor or a administrator may bring a writ for the reversal of the outlawry  and the outlawry be not a bar to he and one case be vouch by Atho which be  adjudge upon the like plea in this court Trin Elizabeth rot Woolley against  Bradwell and his wife executor of sir Thomas Mannord and the matter depend a  year and be argue and adjudge that it be no plea for it be but by argument and  so be Lord Hobart say this argument ought to be infallible also this be the  matter and not the form for in this case the demurrer be generali and the book  of h there it be well argue and the better opinion that it be only by argument  and a man outlaw may make a executor and this executor may have a writ of  error to reverse the outlawry and thereupon and upon the view of the record in  Woolleys case the court give judgement that it be no plea