aby versus Buxton hill James h rot where it be plead in abatement comb vide  post show S c this be likewise a action of debt on a judgement have in b r and  the defendant plead in abatement that he ante diem c have bring a writ of  error on that judgement which be still depend and upon a demurrer to that plea  it be adjudge that the writ shall abate the reporter make a quaere in this  last case and refer to the case of Rottenhoffer versus Lenthall where Carthew  it be adjudge to the contrary videlicet that a writ of error depend be no good  plea to a action of debt on a judgement and cite a RowLev versus Royston Trin  will b r rot Skinner SC dyer cro Elizabeth vent lev Mod raym Mod side case  where in a action of debt on a judgement the defendant plead a writ of error  depend neither in abatement nor in bar but conclude his plea thus videlicet  petit c if he shall be compel to make any far answer pen that writ of error  and this be adjudge ill and the defendant be rule to answer over Carthew er p  doyley v walker Carthew er er report date doyley versus walker hill James two  rot to know facias against a executor upon a judgement in ejectment against  his testator quare plenariam possession c performance de financial loss c to  have non debet the defendant plead a frivolous plea to which the plaintiff  demurrer and now the counsel for the defendant waive the plea and take  exception to the writ videlicet because the defendant who be executor be not  name or set forth in the writ to be tertenant of the land recover and it shall  not be intend that he be because a defendant in ejectment be always suppose to  be a seize and that by his death the land descend to his heir at law and  therefore for default of this allegation the plaintiff can have judgement for  the possession or damage because the writ be not good for part be bad for the  whole the court incline to that opinion which the plaintiff perceive bring a  new writ of cognizant fa and mend the fault but the reporter be of opinion  that the plaintiff in this case may pray to have execution c his danger and  for this see cro so where a cognizant fa be bring to have execution of seize c  upon a judgement in a real action and the tenant be warn and plead nontenure