Alexander versus lamb mich James the plaintiff bring a action of debt upon a  obligation of forty pound against lamb as executor of p the defendant plead  that p in his lifetime be indebt to he in forty pound due debt and that the  good of the testator to the value of ten pound come to the defendant hand  which he retain towards satisfaction of his debt and aver that no more good  beyond the good to the value of ten pound come to his hand to be administer  the plaintiff reply and show that the defendant be executor in his own wrong  to p and that he have many other good of p to be administer at S in the county  of Norfolk and conclude hoc a preparation be verify c the Brownlow  goldsborough defendant rejoin and demand judgement if the plaintiff shall be  admit to say that the defendant be executor of his own wrong see by his  declaration he have affirm he Brownlow goldsborough er p to be executor of the  testament the plaintiff demurrer in law to this plea and as to the matter in  law all the court be for the plaintiff for he may well reply that the  defendant be executor of his own wrong notwithstanding the declaration for  there be no other form of declare as it be adjudge in Coulls case Rep fol but  the whole court hold the whole plea to be discontinue for the defendant have  plead as to the good to the value of ten pound which he retain in his hand for  a debt due to he and that he have no other good and conclude hoc a preparation  be to bound which be not good for he ought to have say et hoc petit quod to  seek after per native land for there be a surplusage of the good deny by the  defendant and urge by the plaintiff it ought to come in issue but can not by  reason of the in conclusion but in the same term between west the plaintiff  and lane defendant west demand four pound debt against lane as executor as  above and all the rest of the plea be as above and judgement be give for the  plaintiff because the defendant have confess good to the value of ten pound in  his hand which be more than the defendant demand and therefore although by  judgement of law a executor of his own wrong can retain good to pay himself  and although the other proceed in the plea be nought yet judgement shall only  be give upon the confession of the defendant and so it be enter which mark  primo deliberate shall not be plead without a traverse