case CLOTHWORTHY against CLOTHWORTHY in debt on bind or any special contract  where only part be demand satisfaction must be acknowledge for the residue S C  hetley cro James Allen Bulst salk term Rep the judgement on a writ of annuity  shall be for the annuity and the arrear both before and after the action ante  roll Abr   light roll Rep cro James   Ent hob lev Leon Com dig in debt against  a heir on a bind of his ancestor the judgement on non be factum shall be only  of asset by dissent error of a judgement in a writ of annuity the plaintiff  declare against the defendant as heir to his ancestor who grant a annuity to  he of twenty pound ayear Payable at four feast videlicet at Christmas the  annunciation the Nativity of saint John baptist and saint Michael and for  thirty pound arrear at Michaelmas car before the writ bring which be the that  of April car c the defendant plead non be factum father Himself and it be find  against he and judgement give that he shall recover the annuity and arrearage  before the writ and what incur pendent shorten which amount to seventy pound  and the damage and cost et quod to have performance of all the tenement  descend to he from the grantor of the annuity Maynard now assign error because  the plaintiff demand this annuity and the arrearage thereof to Michaelmas car  and his writ be bring April car so as there be two quarter of that annuity not  demand which by intendment be pay and if they be not pay be ought to have  demand they for if one bring debt for part of a debt due upon a contract or  upon a obligation and do not acknowledge satisfaction of the residue the  action be not well commence also whether it be due or not due the judgement be  erroneous for the judgement be that he shall recover the arrear due before the  croak car writ which include these two quarter rend which be not demand and  the arrear accrue pendent shorten amount in toto to seventy pound so as it  include the arrear before and hang the writ roll answer thereto that this  peradveriture be but the misprision of the clerk in cast up the sum and then  it be no error but amendable but the court answer and so resolve that it be no  misprision in the cast up but a misprision in the judgement wherefore they all  hold that it be erroneous a the second error because the heir plead a false  plea which be find against he the execution ought to be award of his proper  land and of his land descend but the court hold that the deny the deed to be  his father be not a false plea in his cognizance and although it shall be  false yet be charge in respect of his ancestor deed the land of his ancestor  shall only be take in execution for that be the cause of his charge and if the  land of the heir which be his own proper land shall be liable as well as the  land of his ancestor yet it be not assignable for error because it be in ease  and advantage of the heir but for the fir cause rule be give that the  judgement shall be reverse unless c see car c and will mary c a S C hetley and  light Rep but neither of they report this point of the case croak car er p