burnet against hold executor OF Greenhill ante executor in know fa on a  judgement in debt upon obligation continue to Oct car the defendant plead debt  by obligation to himself and a judgement not yet execute to the Lord Arlington  and that the testator make his will and die September and before Friday Oct  which be after the nisi prius and before the day in bank and that he have no  more than to satisfy the Lord arlington judgement and his own obligation to  which the plaintiff demurrer and Coleman pro plaintiff that the executor can  retain for at commonlaw the judgement be of the high nature and no averment of  death mesne roll between the day of verdict and day in Keble bank and the time  be not material but the quality of the debt and the statute car cap do not  alter the case but only give that by way of plea now that at commonlaw must be  a writ of error Yelvert   the commonalty of sadler case be on a actual  recovery on stat against executor pen error on judgement but a retainer be a  fiction of law which shall not affect creditor send curian contra that this  fiction be as strong as a recovery in debt of equal degree be execute eastern  instant that he be make executor the judgement first have can be plead in know  fa upon the latter but as in case of bind the first sue shall be first pay  which the court agree but the matter be whether the latter judgement have  erroneous as at commonlaw be make a judgement against the testator to Keble er  p collateral purpose Jones pro defendant that the executor by the suit which  proceed no far than verdict in the testator life time be not hinder to retain  but in equal degree the executor shall be first satisfy by operation of law  and resemble a remitter and the quality of the debt be to be consider at the  time of the testator death and the commencement of the suit alter not the case  as roll for its the judgement only beget superiority the Lord arlington  judgement be first to be satisfy and be not in equal degree with that in  question at the time of the testator death and then the executor be in duty  bind to pay that judgement and it be not the intent of the Act that judgement  shall relate to alter the law and make verdict equal with judgement and there  be no laches in the defendant to make a devastavit and per curian retainer be  as a actual payment which shall not by relation of the statute be make a  devastavit especial it be uncertain whether the plaintiff will enter his  judgement or not but they doubt on the latter point but incline that by enter  the judgement the debt become in equal degree and there be no prejudice that  one shall not plead against the other and its party laches he sue not know fa  soon et adjornatur