case christopher GEWEN against Samuel roll and whether his wife executrix of  William noble Hilary term James roll in debt against a executor on a bind for  payment of money the defendant plead that the obligor be bind in a statute  condition not to convey certain land long than for term of life and show a  breach by a conveyance in tail to which the plaintiff reply the Elizabeth c of  fraudulent conveyance adjudge on demurrer that although the fraudulent  conveyance be void vet notwithstanding it be a breach of the condition of the  statute and the conusee shall be satisfy before the creditor by bind        Jones say Leon Com dig Bac Abr no one to have good who to be testator tempore  death of oneself be a good plea a plea no one to have good nec to have die  impetrationis billae without say nec unquan postea be bad on a bad plea in bar  to a good declaration if issue be join on a defective replication which go  only to avoid the bar and not to entitle the plaintiff to the action the  plaintiff shall have judgement in debt on bind if the defendant plead  performance and the plaintiff assign a insufficient breach there shall be  judgement against the plaintiff though the plea be defective debt upon a  obligation of a thousand mark make to the plaintiff and one Thomas Gewen  Elizabeth a cro Elizabeth croak James er p the defendant plead that the say  William the testator be bind to the say Thomas Gewen Elizabeth in a statute  staple of two thousand pound and show that the defeasance thereof be whereas  he have covenant to assure the barony of Broddrige to the use of himself for  his life and after to the use of the plaintiff and his wife in tail remainder  to the right heir of William noble and that he will not charge the say barony  with estate that shall endure long than his own life that if he croak throw  perform the say covenant the statute to be void c and show the breach of the  covenant by a assurance of the say land to George noble his son in tail so the  statute be break the condition be in force and aver quod non to have nec die  impetrationis billae prediction to have good who to be testator tempore death  of oneself in shades of dead nest administrand except ad to give satisfaction  the say statute the plaintiff reply and show the statute of Elizabeth c of  fraudulent conveyance and that the first indenture and defeasance be in  consideration of money and that after the conveyance to George noble he make a  assurance to the use of himself for life and after to the use of the plaintiff  and his wife accord to the first indenture and that the conveyance to George  noble be to defraud he and so void and have not any continuance after the  death of William noble against he the defendant thereupon demurrer and be  argue at the bar upon the matter of the replication all the court resolve that  the matter show therein do not avoid the breach of the statute for although  that estate be vendible by the statute of Elizabeth c yet it be charge to  continue long than his life in the limitation and therefore be a breach of the  covenant so the statute be forfeit then it be move that the bar be ill first  because he plead that he have not good the day of the bill which be the  testator tempore death of oneself which be not good because he may have good  liable to debt although they be not the testator good tempore death of oneself  as if he have land devise to be sell for the payment of his debt which be sell  the money receive be asset yet they be not good testator so it be where good  be take from the testator by trespass and damage be recover they be asset in  their hand and so be the yearbook Henry pl and of that opinion be William but  all the court beside hold the contrary in this point for the bar be good to a  common intent and it shall not be conceive that they have such asset be  special asset unless it be special show and deny the yearbook to be law in  that point and they say that all the precedent be in this manner as be here  quoad that point and Kemp and all the clerk affirm as much Henry pl Henry pl  Henry pl Henry pl a second exception to the bar be because he pretend that he  have not nec die impetrationis billae to have good testator c and do not say  nec unquan postea which ought to be allege by the rule of all the book for it  may be that he have after the bill which may charge he and it be hold by all  the court to be a incurable fault for all book and precedent direct that the  plead ought to be so and it be not aid unless it be find by verdict that he  have asset the day of the plea plead then that aid the fault in the bar and  make it not material but it be not so upon demurrer and although the demurrer  be upon a replication which be vicious yet forasmuch as the bar be ill the  declaration be croak throw good and the replication be only to avoid the bar  which as this case be needs not he avoid because it be no bar and the  replication be not to entitle he to the action they hold although the  replication be ill therein yet judgement shall be give against the defendant  but where the replication be to entitle himself to the action and by the  plaintiff own show in the replication he have not any cause of action there  judgement shall be against the plaintiff although the bar be ill as in debt  upon a obligation where the condition be to perform covenant and the defendant  plead performance but plead ill and the plaintiff reply and show a breach  which appear to be no breach the defendant demurrer judgement shall be against  the plaintiff for the court shall not intend any other breach or cause of  action than he himself have show which be not any wherefore judgement shall be  against he and in this ease after diverse motion it be adjudge for the  plaintiff croak James er p