case body against hargrave easter term Elizabeth roll in debt for rend upon a  lease by indenture the declaration be good without a profert roll ab Moo r    in marge   dig dougl in notorious facts debt against a executor upon a lease  for year for rend incur after the death of the testator shall he in the  delineate only S c   b dyer roll ab Plowd   a cro James cro car more Brownl  Bulst Brownl Allen Mod palm style lev Poph vent side Mod Mod Mod Mod Bac ab in  notorious facts   dig debt against the defendant administratrix of Thomas  Hargrave her husband upon a lease to the say Thomas Hargrave by indenture for  year and how the defendant be administratrix unto he and for rend arrear after  his death the action be bring in the dehet et to hold off upon not guilty  plead it be find for the plaintiff and now move in arrest of judgement that  the declaration be not good for that he declare upon a indenture and do not  say hic in Cnid latd for from although he may have declare without mention any  deed yet when he mention it and ground his action thereon he ought to show it  but gawdy and Fenner be only in court hold that it be croak Elizabeth good for  the lease be the effect of the declaration and not the indenture and a  variance hetween they be not material as Edward pl S wherefore non allocatur  at another day it be move again that this declaration ought to have be in the  delineate and not in the dehet and to hold off because she have the term as  administratrix and be not charge by her own contract but by a act of the  testator and to that purpose be citWd Henry pl Henry pl and a precedent be  show in the common plea hetween Barker and Kelsay where the action be bring in  the to hold off only and Godfrey affirm that in one fen case in this court it  be rule that the action ought to be bring in the delineate gawdy the action be  well bring in the dehet for this rend though arrear after the death of the  intestate hegan first in the administratrix and therefore the action well lie  against her in the dehet for the reason why the action against a executor  shall he in he to hold off be for that the debt grow due by the testator and  therefore it can be say that the executor dehet but in a action against the  heir it shall he in the dehet and to hold off because he be bind by special  word in the obligation and here the debt which incur in the time of the  administratrix be her debt and in dyer Edward pl the action be bring in the  dehet and to hold off for rend arrear in the time of the executor and admit to  be good Popham accord for she be charge with the rend in her time it accrue by  reason of the profit of the land which she herself croak Elizabeth er p  receive and therefore she be charge have quid pro quo for if a executor have a  lease for year of land of the be strong of per annum render l per annum rend  it be asset in his hand only for l over and above the rend Fenneeagreed to  this opinion and to that purpose cite Henry pl that the husband shall he  charge alter else death of the feme for rend arrear in his own time because he  receive the profit of the land so as the rend grow due in respect of the  occupation and take of the profit and therefore she be Chargeable and not mere  as administratrix Clench agree with they wherefore it be then adjudge for the  plaintiffNote this judgement be afterward reverse in the exchequer Chamber for  the point in law for all the justice of the common plea and baron of the  exchequer hold that she ought to be charge in the delineate because she be  charge only by the contract of the intestate a