case williams against williams Trinity term Elizabeth roll Hilary term  Elizabeth roll if a woman recover her dower and damage and the tenant bring a  writ of error pen which the woman die he may have a writ of error against her  executor to avoid the judgement as to the damage see the other point post Noy  more Com dig Bac Abr to know facias by John William as executor of Emma  William his mother against William the defendant to have execution of damage  recover in a writ of dower the defendant plead that he have bring a writ of  error upon this judgement against the demandant in the writ of dow r and  assign for error because the recovery be against he by default be a infant and  that pendent Ceo indiscusso the demandant in the writ of dower die and that he  have bring a new writ of error cmam vobisresidet against the plaintiff as  executor quod adhucpe debt and demand judgement si pendent shorten de  wandering indiscusso performance hahere dehet and it be thereupon demurrer  Fenner I doubt whether a writ of error lie in this case because the demandant  in the writ of dower be dead the estate recover be determine which be the  principal and therefore the writ of error be determine second I conceive that  the error assign be not error for dower be favour and a feme shall not tarry  for dower during the minority of the tenant wherefore a recover against he  although it he by default be good enough but to this point none of the justice  speak for it come not now in question upon this action three if a writ of  error lie I conceive it to be a good plea for it be not reason to have  execution of a erroneous judgement when no default can he assign in the  plaintiff in the writ of croak Elizabeth er p error and of that opinion be  gawdy as to the last point because there appear not any default in he who  pursue the writ of error in not proceed or neglect to proceed therein but the  default which be be occasion b the death of the defendant in the first writ of  error but if the plaintiff in the first writ of error hadheen nonsuit in the  first writ of error or have discontinue or be slack in the proceed therein  there peradventure it will have be otherwise but as to the first point whether  a writ of error to reverse the judgement for the damage the principal be  determine by croak Elizabeth the death of the demandant Popham and gawdy hold  ttat this writ of error be maintainable to avoid the judgement of the damage  for it be as well a grievance as the loss of the land and if there he a  recovery in a real action of the land and damage and the tenant against who  the recovery be die and the heir who ought to have the writ of error in  respect of the land will release all writ of error yet the executor may sue a  writ of error to avoid the judgement for the damage for every one who have  loss shall have a remedy to redress it and so it be rule in this court in one  nicholson case a that a executor shall maintain a writ of error to reverse a  attainder against his testator to the intent to he restore to the testator  good although by his attainder he have lose his land which be the principal  who case Fenner say he rememhered and that it be so rule by the opinion of  three justice against one but as to the plea Popham hold that it be a good  plea if it have be also allege that he assign error upon this writ of error  otherwise it be not any plea for this to know facias to have execution c be  the mean to compel the plaintiff to assign his error otherwise the plaintiff  will never assign they and if the plaintiff hereupon assign his error it be  well enough for the time as dyer be otherwise execution shall he award against  he and it be not any answer to say that a writ of error be yet depend b