case Newport against godfrey Michaelmas term will mary roll to debt against a  executor for rend on a parole demise he can plead bind unsatisfy for these  debt be in equal degree although the parole lease expire in the lifetime of  the testator S c lev S c vent S c Mod debt in the to hold off against the  defendant as executor of turner for rend arrear in the lifetime of the  testator upon a lease parole and it appear upon the declaration that the lease  expire in the lifetime of the say turner the defendant plead several bind  enter into by the say turner for the payment of the money which he aver to be  just debt and that he have administer all except c which he retain to satisfy  the say bind upon a demurrer to this plea judgement be give in the court of  common plea for the plaintiff that the rend ought to be pay before the bind  modern er p for though it be object that if the lease have not be determine  the rend then due may be preferable to a bind debt because the good of the  testator be liable to a distress but that the lease be determine it be only a  personal thing and can not take place of specialty yet the court be of opinion  that the debt for modern this rend do still savour of the realty and that the  determination of the lease make no alteration in the contract but that the  action may be maintain by reason of the profit of the land which the testator  have receive upon this judgement a writ of error be bring and it be affirm in  this court vide cro James Barwick v foster Fitzherbert Abr title avowry see  the case of gage v Acton Freem Carth salk holt Mod Prec Chan vern Eq Abr ld  ray and Mr rise edition of comens Rep where it be agree by the whole court  that a executor or administrator may plead a retainer for satisfaction of a  debt on bind due to himself to a action of debt for rend for they be in equal  degree but it be hold on the authority of the above case of Godfrey v Newport  that executor can to debt for rend plead a bind not yet satisfy nor e contra  for be debt in equal degree one can be a bar to the other and in the case of  Strachan v Ilford comens Rep a defendant executor plead to debt for rend incur  in the lifetime of the testator on a lease by parole that the testator be  indebt to he in two several bind and no asset ultra and the whole court  resolve that the plea be good see Leon v Casey Bl Rep plummer v merchant burr  Vaughan v brown andr as to a executor right to retain a