case mounson against bourn see Soady v turnbull lr I Ch if there be judgement  against husband and wife executrix and a devastavit be prove during the  coverture the husband shall be charge on the death of the wife post Jones roll  Abr palm Lutw side salk Carth Mod judgement for damage and cost against  husband and wife executrix shall be si non c de good not common with others if  a woman executrix waste the good dumb sola judgement after coverture on  devastavit return shall be de good not common with others if a man marry a  executrix and waste the good of the testator it be a devastavit in the  executrix post dyer in marge   Lutw Com dig on no one good to a become facias  on a judgement against a executor the plaintiff may have a special to know  facias suggest a devastavit post error of a judgement in the common plea in  debt by William bourn against sir William mounson and Margaret his wife  executrix of Charles earl of Nottingham for two hundred pound the defendant  appear and judgement be give against they of debt and four pound cost de good  testator c et si non c tunc de good not common with others for the four pound  for cost croak car this be in London a become facias be award to the sheriff  of London who return no one good testator and for the four pound no one good  the plaintiff afterward upon a testatum that good be sell and eloined procure  a new become facias recite the judgement and the former writ and return  thereof et quod testatum step forth that they have good sufficient and have  eloined and sell they wherefore the sheriff of London be command that they by  inquisition well elsewhere modus quovislibet quo to agree to be able shall  inquire if they have sell or eloined the say good and if it be so find quod to  know to make to the say sir William mounson and Margaret his wife that they be  in court in octab mich to answer thereto the sheriff hereupon return a  inquisition find the sale and eloiner of the say good and that they to know to  make c and the party appear and demurrer upon the writ the court after diverse  adjournment adjudge the writ good and that the defendant shall answer the  defendant thereupon imparl and afterward judgement be give by nothing to say  that the plaintiff shall have execution de good nest not common with others  upon this a writ of error be bring tam in reddition judgment how in reddition  performance tailor for the plaintiff assign error in the judgement because it  be quod recupere the damage de good not common with others si non to have good  testator where they appear the first day upon the summons and judgement give  the same term upon a nothing to say where they ought to have have judgement de  good testator for that purpose he cite Henry Henry Henry say non allocatur  because it be not the confession but the delay which be the cause the  plaintiff shall recover damage de good not common with others second whereas  it be object that the judgement be de good not common with others against the  wife and in law a feme covert have not any good therefore the judgement shall  be void it be resolve that the judgement be well give for the husband be only  charge in right of his wife the judgement shall be against both and she may  have good as a term or chattel real before the coverture also she may have  good after her husband decease three that a devastavit may well be by a wife  by the eloining the good as a croak car er p feme covert may do a tort and be  punish for it also this be a devastavit by the wife when she be sole and it be  hold that if a man take a executrix to wife and waste the good it be a  devastavit in the wife for it be her folly to take such a husband who will  make a devastavit and Jones say if there be a recovery against husband and  wife upon a devastavit if the husband survive the wife he shall be charge also  if the wife survive she shall be charge but if the recovery be not against  husband and wife in the life of the wife and she die the husband shall not be  charge whereto Brampston agree for the principal matter I deliver my opinion  that this writ be good and the judgement good as this case be for they be  return croak car warn and appear and demurrer upon the writ which be adjudge  good as well it may be a judicial writ and frame by the discretion of the  court and the party be warn and not plead or traverse the devastavit as be  well may there be great reason judgement shall be enter against they for it be  their folly they will not plead and it be out of the mischief put in Pettifers  case a Jones and Brampston will not deliver any opinion on the first point but  will advice Berkley be absent and in chancery b