case mordant against Thorold Hilary term will mary roll if dower be affirm on  error and after writ of enquiry bring the demandant marry and die before the  will be execute her husband as administrator shall not have a to know facias  for the damage for it be not a duty until assess S c lev S c show S c salk S c  Carth S c holt Leon lev side lev Mod Mod ld ray Bac Abr the plaintiff bring a  to know facias upon a judgement the case be thus Ann Thorold recover in dower  against sir John Thorold in which action damage be give by the statute of  Merton the Henry c sir John Thorold bring a writ of error in the king bench  and the judgement be affirm then the plaintiff in dower bring a writ of  enquiry for the damage and marry Mr mordant and die before that writ be  execute Mr mordant take out letter of administration to his wife and bring a  to know facias upon the judgement the question be whether it will lie this  depend upon the construction of the statute car c which enact that in all  personal action and real and mix the death of either party between the verdict  and the judgement shall not hereafter be allege for error so as such judgement  be enter within two term after such verdict Pemberton sergeant insist that  this be a judicial writ and that the administrator have a right to it though  the wife die before the profit be ascertain by the writ of enquiry it be no  more than a plain to know facias upon a judgement which a modern executor may  have and which be never yet deny though this seem to be a case of the first  impression the counsel on the other side argue that it be true a executor may  have a to know facias upon a judgement recover in the life of the testator by  reason only of such recovery but this to know facias be bring for what never  be recover because the wife die before any thing be vest in her for the  judgement will stand so as to affect the land but not for the damage curian  when a statute which give a remedy for mean profit be expound it ought to be  accord to the commonlaw now where entire damage be to be recover and the  demandant die before a writ of enquiry execute see the will c two S a the  executor can have any remedy by a to know facias upon that judgement because  damage be no duty till they be assess say Adjournatur it be say that judgement  be give for the defendant SC show SC salk SC Carth SC holt b modern er p  trinity term the second of William and mary in the king and queen bench sir  John holt Knt chief justice sir William dolben Knt sir William Gregory Knt sir  Giles Eyre Knt justice sir George Treby Knt attorneygeneral sir John summer  Knt solicitor general