case rock vers layton in b r judgement against a administrator by confession  or default pendent light be a admission of asset and he be estopped to say the  contrary on a devastavit return ld raym SC salk SC Com dig bull Ni Pri edit p  t Rep vin Abr title executor z a pl this be a action against the sheriff for a  false return and the declaration set forth that a action be bring against the  plaintiff as administratrix and judgement by default the defendant sure in  that cause pendent light confess a judgement to another creditor and satisfy  that debt yet the sheriff upon a become facias issue upon the second judgement  return that he have asset to the value of the money pay upon the judgement  confess pendent light and for this return the present action against the  sheriff be bring suppose that this return be false for the plaintiff have not  asset sufficient in his hand for that it be lawful for he to satisfy the first  judgement but here the sheriff take upon himself to adjudge a devastavit by  which practice the to know become inquiry will be take away but by the court  the action lie not for the sheriff have do his duty for when a judgement be  give against a executor or administrator it be give of all asset which he have  at the time of the commencement of the action and if a executor or  administrator have pay off comens er p a judgement pendent comens light it can  be give in evidence upon plene to manage plead for it ought to be plead  special and if a judgement be ill plead the executor subject himself to the  value of it Str Doug a so if a executor have asset to the value of and two  action be bring against he for apiece and judgement in both be shall be charge  to each judgement with asset of and shall b compel to the payment of without  possibility of avoid it so here the plaintiff have time to plead the  satisfaction of the first judgement it be the common case that where a man  have matter of bar to plead and he slip his opportunity of plead it he lose  the benefit of it for ever ld raym Str Cowp and as she do not plead it she be  liable to answer for all the asset she have in her hand at the time when the  action commence and the sheriff have make a right return and holt c j cite a  case between side side Str hob ld raym b Gilbert and clerk which be imperfect  report in siderfin which be a judgement against the tenant in tail in debt and  a to know facias issue against the heir and the tertenants and the issue be  return as tertenant and a to know to make against he upon which there be a  judgement and a elegit upon that a moiety of the estatetail be extend and the  issue bring a ejectment and it be resolve that he have no remedy for he can  not give the estatetail in evidence because he have have his time upon the to  know facias otherwise if the to know facias against the issue have be return  nihilGould justice lie it down in this case as report by ld raym that every  thing may be produce in evidence upon non devastavit upon the to know become  inquiry which may have be give upon a plene to manage vin Abr title evidence p  b pl