case GOODYERE against ince if a testatum go where a former writ be not actual  issue though it be recite in the testatum it will be error SC Yelv hob side  dyer stram peer wms Cowp dougl to Rep if judgement be reverse the sale and  delivery of a term extend upon a elegit be void but a sale under a be made fa  be good error in the exchequer for that whereas the defendant recover in the  common plea damage in a debt of one hundred pound the plaintiff thereupon have  a elegit into the county of Lancaster which mention that another elegit issue  before into London and return nothing and upon a testatum be it be command to  extend all the good and land c and thereupon the sheriff return that he take a  lease for year of tithe which he deliver to the plaintiff as good et catalla  svan for the say debt the error assign be because this writ be with a testatum  whereas there be not any writ before award into London the defendant plead  thereto in nullo be erratum and it be hold to be a manifest error for although  the roll be that November James a elegit be award into London and another into  Lancashire which be hold to be good for he may have it into as many county as  he will yet because it be with a testatum whereas it appear there be not any  before award it be hold to be error and a precedent be cite to that purpose  between Jones and where a capias ad to give satisfaction be award with a  testatum whereas no capias before have be award which be reverse for this  cause but then it be move whether he shall be restore to the lease itself or  to the value for which the sheriff deliver it in execution videlicet one  hundred pound for it be allege that the sale be good and that afterward it  have come into two or three hand but all the court hold that this sale shall  not bind he for there be a difference between this sale and delivery upon a  elegit to the party himself and a sale to a stranger upon a become facias for  the become facias give authority to the sheriff to sell and to bring the money  into court wherefore when he sell a term to a stranger although the execution  be reverse yet he shall not by virtue thereof be restore to the term but to  the money because he come duly thereto by act in law but the sale and delivery  of the lease to the party himself upon a elegit be no sale by force of the  writ deliver in extent which be reverse the party shall be restore to the term  itself wherefore the execution be reverse and a writ of restitution award  croak James er p