case hunt versus coal all if a trustee have convey land before execution sue  though he be seize in trust for the defendant at the time of the judgement the  land can be take in execution this be a action of ejectment on the demise of  Jacob boardman the defendant plead not guilty and on a trial at the assize in  the county of Essex before Mr justice Tracy the case appear to be this  videlicet Benjamin stock be seize in fee of the land in question and by  indenture date the that of October convey they in consideration of to Henry  Soursby and his heir who be only a trustee for Peter chamberlain and whether  his wife and their heir and by indenture date the that of December between the  say Henry Soursby of the one part and the say Peter chamberlain and whether  his wife and hope chamberlain their son of the other part it be agree that  Henry Soursby shall stand seize of the premise to the intent that Peter  chamberlain and whether his wife shall take a fear for their comens er p life  and that the rest of the profit shall be pay to hope chamberlain and the heir  of his body in Trinity term W jam boardman the lessor of the plaintiff be  executor of Jer boardman recover a judgement against hope chamberlain for a  debt of due on a bind from hope chamberlain to Jer boardman on the that of  July whether chamberlain and the say hope chamberlain borrow of the defendant  coal and for a security for that sum the say Henry Soursby by their direction  mortgage the premise to the say coal for year Trin the lessor of the plaintiff  obtain judgement on a to know comens facias upon the first judgement and upon  this take out execution by elegit and the sheriff after a inquisition which  find that hope chamberlain be seize in fee extend one moiety and deliver it to  the lessor of the plaintiff and the doubt be if he have any title by the  statute car c stat car c S a by which it be enact that after the that of June  it shall be lawful for every sheriff c to who writ shall be direct on  judgement c to deliver execution to the plaintiff of all such land c as any  other person shall be seize of c in trust for he against who execution be sue  like as he may have do if the say defendant have be seize of such land of such  estate as they be seize of in trust for he at the time of the say execution  sue and after argument by sir Constantine Phipps and myself for the plaintiff  and sir Edward Northey for the defendant it be determine by Mr justice Tracy  that the execution be not good for the word at the time of the say execution  sue refer to the seize of the trustee and therefore if the trustee have convey  the land before execution sue though he be seize in trust for the defendant at  the time of the judgement the land can be take in execution and sir Edward  Northey say that ever since the Act such construction have be think agreeable  to the statute though he do not know that it have ever be judicial determine  and a case be mention by Mr justice Tracy from sergeant cheshire note where  this opinion seem to be allow by Lord Trevor and be not contradict by the  court Johnson vers in the common plea annae comens de term sanct mich geo I in  c b