case oxford against rivet vide ante a plaintiff shall not avoid a verdict by a  exception to his own replication ante S C hetl term Rep to Rep to Rep to a to  know facias against a administratrix durante those inferior in rank c if the  defendant plead that the executor come of age on such a day and that she have  then full administer a replication allege a devastavit after that day be bad  the statute of jeofail will not aid a verdict on a issue total misjoined ante  Com dig term Rep this case be now move again and Richardson chief justice  Hutton and Harvey hold their former opinion that the issue be well enough join  for there be no mention of any who devastavit in the replication and necessary  it be intend that the mother of the executor devastavit for no other may make  a devastation and the rejoinder be quod prediction Katherine non devastavit et  de hoc to put down see super native land et to express grief similiter and be  find for the defendant quod non devastavit the plaintiff shall not avoid that  verdict by say that it be not show who devastavit so to take exception at his  own replication Hutton justice say admit that no issue be join and that the  verdict may not aid it yet the judgement shall be against the plaintiff for  his replication be ill for another cause for in the bar the defendant allege  that she have administration commit to her durante those inferior in rank  lifetime of rivet the son of the intestate and that he come of age in James  and that afterward he refuse to be executor and the administration be commit  to sir Hugh Wirrell December James the plaintiff reply that before the  commission of the administration to the say sir Hugh Wirrell videlicet October  James devastavit which admit it shall be intend croak car er p that Katherine  devastavit yet that be a devastation after rivet the executor come of age who  come of age in James and then she may not be Chargeable therewith so the  allegation that devastavit James be ill and therefore judgement ought to be  give against the plaintiff but for the other point Yelverton and myself hold  our former opinion that here be no issue for intendment will not aid croak car  a replication and be no issue the verdict be void and not aid by any of the  statute of jeofail but by the opinion of the other three justice judgement be  give for the defendant