coke a coulter case mich and Elizabeth in the king bench a executor of his own  wrong shall not retain any part of the decease good to satisfy his own debt  all lawful act which a executor of his own wrong or a seize or abator c do be  good endowment by a seize or abator be good but a feme disseizoress have title  of dower can endow herself by retainer assignment of dower to a feme party or  privy or consent to a wrong be not good every executor of his own wrong be  name executor in this declaration for there be no other form of writ or court  if there be a rend service rend charge c issue out of land the seize in a  assize bring by the disseizee shall recoupe the rend in damage to avoid  circuity of action but if the seize ought to have common in the land the value  of the common shall not be recouped SC cro Elizabeth more roll Cumberb Robert  coulter bring a action of debt on a bind of against William Ireland executor  will ultim will Richard hunt the defendant plead that he have full administer  and so nothing be in his hand on which they be at issue and the jury give a  special verdict that the say Richard hunt be bind to the defendant and his son  in a bind in the nature of a statute simple of and that the defendant be  executor of his own wrong and have of the good of the decease in his hand and  retain the say good in his hand to satisfy himself part of the say debt of and  whether the say retainer by a executor of his own wrong be lawful or not be  the question and it be object that the defendant in such case may retain for  diverse reason the plaintiff have by his declaration affirm he before executor  coke b will ultim voluntaris Richard hunt and the jury can find against that  which both the party have Raymond   b roll dyer pl   b a agree in plead as it  be agree in ass p ass pl Br confession Fitzherbert assize b in assize Br  confession Br verdict Br non be factum c h a b in debt Elizabeth die h a b in  rescous c and therefore the find that he be executor of his own wrong be  abundant and surplusage although a executor of his own wrong can retain  against a rightful executor or against a administrator yet he may retain  against the plaintiff who be a creditor as the defendant be eastern rather  because he have affirm he executor in his declaration as be aforesaid eido  against he he shall have all the privilege of a executor and so respective he  shall have against the one and not against the other in diverse case one who  be in of his own wrong shall recoupe and retain c h damage he who have a rend  of issue out of certain land seize the tenant of the land in a assize bring by  the disseizee the seize Cr Elizabeth dyer pl d shall recoupe the rend in the  damage so that where the mean profit of the land in such case be of the value  of the disseizee shall recover but e damage the seize shall recoupe all in  damage which he have expend in amend of the house e damage e pound ass pl  accord ass p rentservice incur during the seize shall be recouped e h b send  for and in ass p the wife shall retain the three part of the profit against  the king in respect of her right of dower which she have to the coke report a  er p same land so he who be Cr Elizabeth e guardian in socage of his own wrong  shall have reasonable allowance but it be resolve by the whole court that a  executor of his own wrong shall not roll Cr Elizabeth more brown Mod Rep side  Yelv clayton Rep pl Swinb vent godb still Chan Rep a retain Acc Com dig admor  c Bac ab come out b nor can he retain in satisfaction of his own debt though  he be a creditor of a superior nature Curtis v Vernon t king and if such a  executor plead a retainer to satisfy his own debt the plaintiff may reply that  he be a executor de son tort Alexander v lane Yelv but if he afterward even  pendent light obtain administration he may retain for it legalizes those act  which be tortuous at the time pine v Woolland vent Curtis v Vernon where sup  and if he obtain administration after the replication that he be executor de  son tort he may rejoin that fact by way of plea puis darein continuance for it  be consistent with the retainer in the plea Vaughan v brown strange SC Andr in  a action by a creditor against a executor de son tort upon the plea of plene  to manage he shall not be charge beyond the asset which come to his hand dyer  b in marge and it be say under such a plea he may give in evidence the payment  of just debt Whitehall v squire Carth in this case also it be say by holt CJ  that where trover be bring by a rightful executor or administrator against a  executor de son tort he can plead payment of debt c to the value c or that he  have give the good c in satisfaction of the debt but that upon the general  issue such payment shall be recouped in damage and the dictum of buller I  Padget v priest TR be to the same effect as to action bring by administrator  and Vid Graysbrook v fox Plowd but in Woolley v clark barn Ald SC dow Ryl the  court hold that the rightful executor be entitle in a action of trover to  recover the full value of good sell by a executor de son tort and that such  executor be not entitle in mitigation of damage to show that he have  administer asset to the amount and per abbot CJ the property vest in the  executor from the moment of the death of his testator but in a administrator  only from the time of the grant Vid ante n middleton case p b Mountford v  Gibson east a for from thence will ensue great inconvenience and confusion for  every creditor and chief when the good of the decease be not sufficient to  satisfy all the creditor will contend to make himself executor of his own  wrong to the intent to satisfy himself by retainer by which other will be bar  and it be not reasonable that one shall take advantage of his own wrong and if  the law shall give he such power the law will be the cause and occasion of  wrong and of the wrongful take of the good of the decease and the law of God  say non facias malum ut ind fiat good melius be in all respects mala patience  how evil to agree and it be clear that all lawful act Plowd b b which a  executor of his own wrong or a die pl c seize or abator c do be good and  therefore if a seize or abator endow a woman who have title of   light a b   a  ass Br dower Br assize Br damage   a d dower it be good and shall bind the  disseizee but if a woman who have title of dower seize the tenant of the land  she can endow herself by retainer also if a woman who have title of dower  occupy the land as guardian in socage by her own right and not as rightful  guardian coke a she shall not endow herself de la rain beal for that be in a  judgement give in the king court also if a woman who have rightful title of  dower be party or privy or consent to a wrong the can a   a   a   b e b Br  dower Br assize   light a b roll PVC QAPk Plowd a b Poph Br damage e  assignment of dower to her be void as if she procure one to seize the tenant  of the land to the intent to be endow by he and the name the defendant  executor will ultim will c coke report a er p do not prove he lawful executor  for so every executor of his own wrong be name and there be no other Brownl  Yelv Mod Rep f form of writ or count and as to the case of recouper in damage  in the case of rend service charge or seek it be resolve that the reason of  the recouper in such case be because otherwise when the disseizee reenter the  arrearage of the rentservice charge or seek will be revive and therefore to  avoid circuity of action and   light a g revolution be that which must be  avoided postea a   b h good judge be light to take apart ne lie ex light to  arise the arrearage during the seize shall be recouped in damage but if the  seize ought to have common in the land the value of the common shall not be  recouped Vid contra vin ab damage oh pl b for by the regress of the disseizee  he shall not have any arrearage or recompense for they as appear in  Fitzherbert common cart Br grant Br common Br pernor de profit a h and with  this resolution concern recouper in case of common agree the book in h Br  trespass Fitzherbert bar Br title b a in riches case and so the doubt in h a  be well explain and it appear that the case of recouper do stand on another  reason than the case at bar