Ashton versus shearman disapprove Roger v price you I S c salk Mod holt two  vin and a short state of the plea Carth a plea by a executor that six  judgement be recover against he each for and that he have only asset be a  confession of asset beyond the sum recover by five of they S C comb debt upon  bind against the defendant as administrator to field the defendant plead six  judgement against he on bind in which field be bind a ultra who he have not  asset t plaintiff reply to four spreading before per fraud and as to the other  two that the defendant have asset ultra they et hoc petit quod to seek after  per native land the defendant demurrer special resolve that the replication be  ill for when the defendant plead six judgement he confess by implication that  he have asset over five then when the plaintiff say he have asset ultra two  and tender a issue if this issue shall be admit it will chase the defendant to  take a issue that will be against he for in effect he have confess the fact  before and a man can oblige another to a issue of fact which he have confess  before and therefore per holt chief justice the case of Croydon v atway roll  Abr vin Danv cout pl be not law as to this point but if the plaintiff have say  that the defendant have asset ultra two judgement et hoc a preparation be  verify although it ought to have be omit yet it shall be but surplusage and  shall not vitiate but the better way be only to answer to such judgement as he  know to be obtain by fraud and if any of they be find for the plaintiff he  shall have judgement because it will appear that the defendant have asset for  by plead six judgement he confess asset ultra five and therefore holt chief  justice deny the case sand Hancock v proud to be law but all the court be of  opinion that the replication be not double accord to sand but the court give  leave to the plaintiff to amend his replication upon payment of cost b a in  lill Ent be a entry of plead between these party about this time but they  differ material from what Lord Raymond and the other reporter above enumerate  represent to have be the plead in this particular cause b the small judgement  be for and the defendant plead that he have only asset vide Carth salk