Carthew agree versus oliver W m where the heir be sue on a bind of his  ancestor this be a ejectment try before holt Ch justice at the assize in exon  upon the demise of Anthony Mapowder and upon the evidence the case be as  follow sacred scripture Isaac Burch the father die seize in fee of the land  now in question after who death Anth Mapowder the lessor of the plaintiff file  a original writ upon a bind of l against Isaac Burch his son and heir and have  judgement thereon in Trin term James by default and thereupon a general elegit  issue against all the land and tenement of Isaac Burch the son and heir by  which a moiety of all the land in general be extend and deliver to Mapowder  which be his title the title of the defendant be likewise by a judgement  obtain upon a bill file in b r in hill term James which be precedent to the  judgement of the lessor of the plaintiff and this be upon a bind for l to  which the heir plead riens per descent praeter the land in question and  thereupon Oliver the now defendant take his special judgement against the  asset confess by the heir but this be subsequent to Mapowder S judgement  videlicet in trinityterm and James and hereupon the now defendant Oliver have  a to stretch out facias of the whole land in question and be put in possession  of the whole by the sheriff and upon this evidence the question be sacred  scripture if a judgement against a heir upon asset confess shall bind the land  from the time of the judgement give only or else shall relate to the time of  the original writ or bill file and per holt Ch justice this special judgement  against the asset only shall have relation unto and bind from the time of the  fill the original writ or bill that the fill a bill in b r be as effectual for  this purpose as a original writ therefore the defendant Oliver S bill be  precedent to the judgement of Mapowder lessor of the plaintiff his title must  have the precedency for Mapowder can give no account of the time of fill his  original but admit Mapowder S original writ be actual file before Oliver the  defendant S bill yet his the Carthew defendant S title will be good against  Mapowder because the judgement under which he Mapowder claim be a general  judgement against the heir and the execution a general and common execution by  elegit and not against the asset only by way of extent and such a general  judgement will not operate by way of relation to the original but bind only in  common case from the time of the judgement give the plaintiff be nonsuit see  the form of such a judgement in raze Ent a Carthew er p