chastetree braithwait plaintiff John davis and whether his wife defendant  decree against the defendant to pay money out of asset in their hand they have  deny asset a bill be exhibit to discover asset the defendant demurrer for that  it do not appear the decree be sign and enrol and therefore not to answer any  suit ground on such a decree the bill be to be relieve against a bind of pound  give by the plaintiff to one mackerel decease condition for the payment of  pound c the plaintiff allege report tempt finch er p that she have pay the  money to the say mackerel in his lifetime which whether the defendant know  very well she be the widow and executrix of the say mackerel before she marry  the say John Davis who have now put the bind in suit the defendant by their  answer deny the payment of a money on the bind thereupon the court upon hear  the Cause direct a trial at law upon this issue ff whether the bind be  discharge in Mackerells lifetime or how much money be pay thereon this issue  be try and the plaintiff have a verdict upon proof that the money be pay and  afterward it be decree that the say bind shall be deliver up and cost at law  and in this court to be tax by the master and pay out of asset in the  defendant hand and the master tax pound S d for which the defendant be serve  with a subpoena but they take advantage that they report tempt finch be decree  to pay it out of the asset c and have deny that they have any asset therefore  this bill be exhibit to have a true inventory on oath and relief c the  defendant demurrer to this bill for that it do not thereby appear that any  decree be sign and enrol or the defendant serve with any decree under seal  before which the plaintiff can have no right to a discovery or ground any  other suit against the defendant nor be there any decree sign and enrol and  therefore no process issue thereon can be warrant by the rule of this court  nor be the defendant to give obedience or answer any suit ground on such a  decree till sign and enrol and for that this suit be to be relieve against a  action at law on the bind and it be not prove that both the defendant have  notice that it be satisfy and for that by the law of this realm no executor be  to pay cost nor any bind by he to be deliver up till real satisfaction make or  prove least he shall be charge with a devastavit the court allow the demurrer  and dismiss the bill