CCCCLIII Dennis and saint johns case debt non be factum in debt upon a  obligation against Oliver saint John and Alice his wife as heir of her father  the defendant plead non be factum of the father and it be find by special  verdict that the obligation be make by the father of the wife to the plaintiff  and another where as in truth the plaintiff have declare upon a obligation  make to he self only without speak of any other joint obligee and that the  plaintiff as survivor have bring the action and if upon the matter it shall be  say the deed of the defendant in manner as the plaintiff have declare the jury  refer unto the court and the case e b if three feoff I and I plead that two do  feoff I and the same be traverse it shall be find against I for the feoff be a  joint act by they all but if a man feoff I and two other and they die so as I  have all by survivor in plead I may show the feoff be make to I alone so e a  three jointtenants in fee make a lease for life and afterward two of the  jointtenants release to the three who bring a action of waste against the  lessee and the writ be that he hold of his lease only and the writ be award  good walmesley this plea non be factum upon this matter be no good plea for he  have not plead it respective as to the obligation but general non be factum  suum which refer to the obligor only and the issue be not whether he make the  deed to the plaintiff or not but general whether he make it at all for there  be a difference nothing debet for that refer to the plaintiff and where he  plead non be factum which Shuttleworth grant see I Elizabeth dyer taws case  this plea non be factum have not any respect to the obligee for if the obligee  be a monk and there be another who bear the name of the obligee yet in those  case the obligor can safe pleadnon be factum but where one be sue who bear the  name of the obligor there non be factum be a good plea and see Elizabeth dyer  W S be bind in a obligation to one h by the name of I S and upon that  obligation a action be bring against he by the name of W S and he plead non be  factum and the special matter be find and it be rule that upon that verdict  the plaintiff shall not recover but the best way for the plaintiff be to sue  the defendant by the name by which he be bind and then if he appear and plead  ut above he shall be conclude by the obligation and the court be clear of  opinion that the plaintiff ought to have declare upon the special matter cro  hill Elizabeth rot in the common plead