case davis against speed the original in a writ of annuity be the same as in  debt and therefore on a bill in plea debt is owed the plaintiff may declare on  a deed for a annuity SC Carth Skinner this be debt on a deed for a annuity and  the action be lie in the county palatine of Chester to which the defendant  demurrer first because this court have not jurisdiction second the bill be for  debt and the declaration be for a annuity which be a material variance for  they shall receive different judgement in the case of Lucas v Fullwood Yelv a  the plaintiff enter his suit in plea debt is owed and declare that the  defendant To give back ei l de one year old To give back quas ei debet et  injust to hold off and on nil debet the plaintiff have a verdict but it be  adjudge quer nil to take in hand per billam for by his declaration he demand a  annuity which be contrary to the entry of his plaint in plea debt is owed if  the declaration be per quod substraxit one year old To give back he shall in a  writ of annuity have a several and distinct judgement for in a writ of annuity  he shall have judgement of the arrear hang the writ but in debt he shall only  have judgement for the sum demand three no action of debt lie for a annuity  for life holt chief justice No nor on a annuity for year see Lucas v Fulwood  Bulst and brown v Pendlebury cro Elizabeth Brendlop v Philips cro Elizabeth  contra but see the case of Acherley v Vernon fort b Cheshire e contra but this  be all annuity the bill and declaration be the same in annuity modern holt  chief justice they be so then as to the jurisdiction I do not know what become  of Jennings and Hawkins case there be a plea to the jurisdiction in which  there be another point adjudge that when the defendant plead to the  jurisdiction he must also plead that he life in the county palatine or that he  have land there whereby he may be summon though the cause of action be lie in  the county palatine and it be not well plead without it because process can  issue against the defendant in the county palatine so that though the cause of  action here arise in the county palatine yet since that be not pleadable to  our jurisdiction that be not material then annuity lie though the annuity  continue to recover the annuity and arrear but for the future there must be a  to know facias on the judgement judgement for the plaintiff modern er p