cliii stamp and hutchins case Administration asset retainer by administration  the case be the obligor make his executor and die the executor become bind to  the obligee for the payment of the say debt and the obligee do deliver back  the obligation of the testator to they and afterward another creditor of the  testator sue the executor who plead that they have full administer upon which  they be at issue and the say especial Leonard matter be find by verdict and by  Shuttleworth and walmesley the jury have find for the plaintiff and that the  defendant have not full administer and yet they agree the case of h the  executor pay to the creditor of the testator a debt with their own good they  may retain so much of the good of the testator but that case be not like to  this for here the executor have not make any payment or satisfaction of the  debt nor disburse any money c nor other thing but only have make a obligation  to pay a sum of money at a day to come before which day it may happen that the  obligation be cancel or release but it may more fit be compare to the case of  h where a executor have compound with a creditor of the testator for the  repayment of for a debt of and have a acquittance testify the payment of the  where it be hold that the other be asset and by Rhodes this make of a  obligation by executor although the obligation in which the testator be bind  be deliver to the executor and cancel be not any Administration nor payment of  the say debt due so if the executor pledge the good for the payment of such a  debt yet they shall be account asset until payment be make which periam deny  and periam and all the other justice hold clear that if in such case the  executor make a sufficient obligation to the creditor of the testator and  sufficient discharge the testator without fraud or covin that they may retain  the good of the testator for so much and the good retain shall not be say  asset and this case be all one with the case of h for here they have discharge  the testator and the executor do remain charge with the same to the creditor  and it be so full administer as if the executor have express pay the debt and  it be not like to the case of h cite before for there although they have  discharge the testator yet they have not charge themselves otherwise it be in  the principal case and although they have appoint ulteriorem diem for the  payment of the say debt yet the same be not material but the Lord Anderson  conceive that if the creditor do deliver unto the executor the obligation as a  acquittance or discharge and in consideration thereof they promise to pay the  debt the same be not any Administration as to the say debt and by some of the  sergeant if the plea stand good to prove full administer then executor in such  case may make a obligation to pay the debt year after and so defraud the other  creditor which be not reasonable if a feoff in fee make upon condition to pay  certain money at such a day and at the day the feoff make a obligation to the  feoff for the payment of it the same be no performance of the condition and by  periam if the executor be take in execution for the debt of the testator he  may retain so much of the good of the testator amount to the sum for which he  be in execution and it shall be account asset in his hand Anderson if he to  who the testator be indebt in be indebt to the executor in so much and the  executor in satisfaction of the debt of the testator release his debt the  property shall be alter present of the whole good in the hand of the executor  so where the debtor make the creditor his executor and judgement be give for  the executor cro Leonard er p pasch Elizabeth in the common plead