case green against WILCOKS Michaelmas term pound Elizabeth roll a executor may  confess a judgement to one creditor pen a action by another and on this  judgement plead the plaintiff can reply covin without traverse that it be for  a just debt say vide ante Lutwyche dr saint more side Leon vern Brownl Com dig  debt against a executor the defendant plead that hang this action I S bring  another action of debt for a hundred pound true debt of the testator croak  Elizabeth er p which action he have confess and that he have riens inter  TAaynes heside to satisfy that judgement the plaintiff protestand that it be  not a true debt for replication say that this recovery be by covin to defeat  he of his action and it be thereupon demurrer in law because he ought to  answer thereto if it he a true debt and if so it can be recover by covin and  so the covin be not issuable but all croak Elizabeth the court hold that the  replication be good enough for if the recovery be not by covin the plaintiff  be barrable and therefore it be the principal matter to be answer and the  conusance of the action be not material videlicet whether it he a true debt  and a action true pursue and a recovery may be covinous although it he upon a  true obligation as mich Elizabeth n Sarah de Banhaults case in this court  where the testator be oblige in a obligation with a intent to defraud creditor  to pay a thousand pound the obligee bring debt thereupon in Windsor court  against the executrix and recover and it be plead in bar here and the issue be  whether the recovery be by covin by rule of the court and find against the  defendant yet there it be a true debt and judgement give accord so here  wherefore c and the court move the party that the defendant shall pay cost and  waive the demurrer and afterward upon a motion it be adjudge for the plaintiff  and error thereof bring and reverse for the matter in law for it can be a  covinous recovery if the debt he true and the covin allege be not material