case TREVIVAN against Laurence and other easter and Michaelmas term whether  roll refer to do d Bowne v Thompson Q b judgement be obtain in debt on bind in  Michaelmas term a to know facias be bring thereon against the terretenants  return and on nul tiel record plead judgement be give for the plaintiff and a  elegit sue out a ejectment be bring upon the elegit and it be find by special  verdict that the to know facias recite a judgement of Trinity term this if  discover on the trial of the issue of nut tiel record must have prevail as a  failure of record but the fact have be judicial try and ascertain the  terretenants return be estopped by the award of execution on the judgement in  the to know facias from take advantage of this variance and so be the  terretenants not return if they do not show a title paramount to the judgement  in the to know facias S c salk SC salk SC holt SC ld ray in ejectment by a  administrator of land in Cornwall this special verdict be find that one  Stephen robin be seize of the premise in fee that be be so seize the plaintiff  intestate sue he in debt upon a bind in such a court in Westminster that in  that suit judgement be give against the say Stephen robin in Michaelmas term  that in the thirteenth year of the late king a to know facias be bring by the  now plaintiff against the now defendant as terretenant of some of the land  whereof the say Stephen robin be seize at that time or since and that the  defendant be summon appear and plead nul tiel record and day be give to  produce the record at which day a judgement of Michaelmas term be produce and  judgement and award of execution for the plaintiff thereupon but that the to  know facias bring by the plaintiff recite a judgement of Trinity term and upon  this award of execution a elegit be take out by the plaintiff and the land  extend and in ejectment to get the possession the judgement give in evidence  be that of Michaelmas and for the variance between the recite judgement in the  to know facias and that give in evidence the jury doubt Eyre for the plaintiff  I agree the general rule that whoever make title under a execution must show a  judgement on which it be ground but here we need only to show the judgement on  the to know facias for though it be upon a judicial writ yet it be consider as  a action and may be release by that name Litt sect see also I will will black  Rep term Rep a if judgement be against one the attorney for the plaintiff may  sue execution by virtue of his first warrant yet a warrant in the original  cause do not empower a attorney to appear to a to know facias upon a judgement  in that cause or the attorney for plaintiff to sue out a to know facias  Titherley v Welsh cro Elizabeth see also Bac Abr a a release of a action be a  release of a to know facias but a release of a action be no release of  execution therefore the to know facias be no execution nor the judgement upon  it more than a bare award of execution modern Brotherick contra a judgement on  a to know facias be no new judgement to affect the land in this case but be  only a application of a ancient lie on the land keb b and this judgement do  not alter the nature of the duty nor create a new one see micoe v morris lev c  indeed a officer who justify by virtue of a writ need not show a judgement but  the party must always do itOwen Bridgman hetley see also will black Rep d and  by he a to know facias lie not upon a judgement on a to know facias holt chief  justice if a to know facias recite a judgement of Trinity term in debt whereby  all the defendant land whereof he be then or at any time since seize modern er  p be bind and the tenant return plead nul tiel record and a judgement of  Michaelmas term be produce no doubt that be a failure of record but the  question be when the record be produce and judgement thereupon whether the  defendant be not thereby conclude for ever for to admit they to controvert it  now will be to falsify the point try and that can be even by a issue in tail  as if in a writ of entry a recovery be against the ancestor of the issue in  tail the issue can falsify it in the point try but he may say that his  ancestor omit the give such thing in evidence which he can now give and one  may have a to know facias upon a judgement on a to know facias and for this he  remember the case of obrien v ram about fifteen year ago in this court Mod e a  judgement against a feme sole who afterward take husband before execution and  then a to know facias be sue against both and judgement thereupon and a award  of execution against both and then the wife die and then a new to know facias  be bring against the husband survivor and it be adjudge that it lie and  another case since likewise in this court a feme sole obtain a judgement and  before execution take husband and then they bring a to know facias to have  execution and bad judgement thereupon and award of execution the wife die and  the husband survive have another to know facias and it be hold well and he  quote the case of Gilbert v Bragg in the year a judgement in debt be obtain  against a tenant in tail who die and afterward a to know facias be bring  against his issue who be return warn make default and though the land in tail  be not liable yet he be conclude for ever this be ground on the yearbook of  assize ass pl h a jury can find against a estoppel in a point try and so  wherever there be a estoppel that effect the interest of the land the jury can  find against it it be true if you come to special plead and it be reduce to a  point in plead and the party then will not take advantage of it by rely  thereupon but will leave it at large the jury be not estopped but may find the  truth as suppose in this case the the plaintiff have declare on a judgement in  Trinity term and the defendant have plead nul tiel record if be will join  issue that there be such a record he be go because the truth will be against  he but if he will say that there be a to know facias take out against the  defendant at such a time recite such a judgement as be now show in his  declaration and that the defendant plead nul tiel record and that be find  against he the defendant and conclude by rely on the estoppel he be safe and  the defendant can offer any thing against it modern so if a demise be plead by  indenture and the other will say nil to have in property and the plaintiff  will say to have in property he thereby waive the matter of the estoppel and  leaves it at large and the jury may find the truth but if he have say that it  be by deed under his hand and seal he ought not to be admit against his deed  to aver that he have nothing the truth can not be inquire into but if the  issue be upon nil debet where the point do not come in plead as in debt for  rend where the demise be by deed the party can give evidence of nothing to  have in property nor the jury inquire of it and when a estoppel run upon the  land it alter the interest of it for if a man by deed indent make a lease of  dale reserve rend in which at that time he have nothing and afterward he  purchase dale and bargain and sell it to a stranger the bargainee shall hold  it liable to the first lease and come under he who make the lease shall be  estopped to say that the bargainor have nothing to let in the premise at the  time of the lease make for this estoppel run upon the land and alter the  interest of it this case have be thus speak to in easter term pended in  consideration until this term when per totan curian judgement be give for the  plaintiff holt chief justice put the case short thus a to know facias by a  administrator upon a judgement in Trinity term the record be in truth of that  term but no judgement until Michaelmas term and the defendant be all except  one return plead nul tiel record and the record of Michaelmas term produce and  judgement on the to know facias and a award of execution elegit take out and a  extent thereon and a ejectment bring to get possession and now it be find out  that there be no such judgement as the to know facias recite what then all  these person be modern er p estopped for now they be not bind on the plaintiff  side to give the record of the original judgement in evidence but only the  award of execution on the to know facias for be all except one return terre  tenant they be all except he estopped thereby from say that there be no such  judgement and as to he too he be estopped if he do not show a title paramount  the judgement on the to know facias for this be a estoppel that work upon the  interest of the land and it be like a judgement against one who be afterward  seize or a to know facias against a issue in tail who make a default or plead  other plea which be find against he whereby execution be award he shall not  afterward be admit to say that his ancestor be tenant in tail and he heir to  the entail Even upon the estoppel the plaintiff in the judgement shall  maintain a ejectment as if a man make a lease by indenture of land which be  not his and after purchase it that lease shall bind he his heir and assign and  a estoppel that affect the interest of the land shall run with it to whoever  take it and none that be party to or claimant under this recovery shall  falsify it and judgement be give for the plaintiff