case prattle against king a executor may bring debt on a lease for rend in the  debet et to hold off against the administrator de good non of the undertenant  of the term for rend incur in his own time S C skin S C Jones S C Danv cro  Elizabeth Poph   vent vent side lev cro Mod Mod Mod Mod will Com dig l husband  and wife administrator in the right of the wife bring a action of debt against  husband and wife administrator likewise in the right of the wife de good non c  of I S the action be for rend incur in the defendant own time and be bring in  the debet et to hold off the defendant plead full administer to which the  plaintiff demurrer sergeant Hardres for the plaintiff say the action be well  bring in the debet el to hold off for that nothing be asset but the profit  over and above the value of the rend and he cite hargrave case a more   Brownl  Godolph say vide the case of smith v Norfolk cro car where it be say that  hargrave case be not law a and the case of rich v frank b Browl Brownl cro  James Bulst Godolph b and Poph though if a executor be plaintiff in a action  for rend incur after the testator death he must sue in the to hold off only  because whatever he recover be asset but though a executor be plaintiff yet if  the lease be make by himself he must sue in the debet et to hold off then the  plea of full administer be not a good plea for he be charge for his own  occupation if this plea be admit he may give in evidence payment of debt e for  as much as the term be worth and take the profit to his own use and the lessor  be strip of his rend in Josselyns case a style a this plea be rule to be ill  and of that opinion the court modern be and say that executor can not waive a  term though if they can they ought to plead it special for it be natural in  they and prima fancy be intend to be of more value than the rend b cro James b  if it shall fall out to be otherwise the executor shall not be liable de good  not common with others but must aid themselves by special plead for the plea  they say there be nothing in it and give judgement for the plaintiff modern er  p