appears, teftatum awarded to H. who appears and imparls, dies datus to J. Off. B
328.
Seire facias against bailee on garnishment in detinue, Off. Br. 330. Of a deed, where
defendant fays writing was delivered on certain conditions, but whether performed
or not is ignorant, Ibid. 276. For debt and damages, and for the delivery of
chattels, or their value, Ibid.
Scire facias to have execution and seifin on a judgment against two of feveral lands,
Off. Br. 329. Scire facies for arrears of annual rent after mittimus in the time of
the late king, Off. Br. 331. After mittimus by the now king, Ibid. Non emittas
feire facias, and entry thereof, Ibid. 330. In waste, Bro. Met. 358. Judgment
by the heir in wafe by default on feire facias as to places wafted, Ibid. 333.
Scire facias for debt and damages recovered in the county by writ of justices after a
prof. in a writ of falfe judgment, Of. B. 337. After cattle eloigned retorno ba-
bendo against pledges, Ibid.
Scire facias for the king in quare impedit against chaplain, who entered after judg
ment, Of. Br. 338.
Scire facial where defendant renders for debt and damages, and pleads release, Of
Br.339.
Renders and pleads fatisfaction and acquittance, and feire facias award-
ed to plaintiff to confefs or deny the deed, Ibid.
Plea, nul tiel record. Eftopple by record-in court, Of. Br. 341.
Brire facias on recovery in inferior court, in writ of right in nature of an affize at
common law, where the record was removed and affirmed, Of. br. 341.
Plea to fcire facias to execute a fine, that the manor is not contained in the fine, Ibid,
347.
For damages in affize against husband and wife and others, where a divorce was had
between the man and his wife, who married another wife, and the other defendant
died, Bro. Met. 353. On recovery in affize of loft prefentation, 355. Scire fa-
cias after afize of last presentation by the king, in right of ward of an idiot, and his
lands, the wives of defendants appear, and pray to be received, Ibid. 335-
Scire facias in eje&ment, after parcel of the damages remitted on sibi returned, ap-
pearance, and plea, that he had a gift of a leafe for years in fatisfaction of damages,
and plaintiff accepted in fatisfaction. Thef. Br. 250.
Plea to fire facias of variance between the foot of the fine and tranfcript of the foot
of the fine, Off. Br. 346.
Entry of writ of fire facias after capias utlegatum, to which defendant pleads that he
was never commorant at the place named in the writ. Replication, that defendant
was commorant at the place, &c. and iffue into county palatine of Chefter,
and verdict that defendant was commorant at M. and not in place, &c. Of. Br.
310.
Scire facias, where after judgment a barony descended to plaintiff, Br. 204. Where
plaintiff is make a knight, lbid. 238.240. 252. 258. 2. Br. 116. 1236 A baronet,
2. Br. 248. Judge, Br. 240. 258. Knight and judge, 235. Where defendant
is made a knight, Br. 230. An earl, 240. 256. Thef. 110. Bishop created arch-
bifhop, 2. Br. 116.
Against heriff, for taking infufficient pledges for return of cattle, Meile, 131. 147.
158. Judgment for defendant, Jud. 126. Judgment against sheriff on demur-
rer, 129. Againft fheriff, who levied money on a fieri facias and renditioni ex-
ponas, and did not pay over to plaintiff, Br. 235. 2. Br. 124. On fieri feci re-
turned, Moile, 48. 98. Against the fheriff, who levied more than the affeffment
upon the inhabitants of the town for the expences of a knight to serve in parlia
ment, Br. 234. 241. 2. Br. 121. Moile, 126.
Against coroner, for a fine in neglecting to attend the county court to render judg-
ment on an exigi facias, Ra. Ent. 586, Vet. Int. 113. Writ awarded, Ra. Ent.
586.
Seire facias to the wife of tenant in a writ of right, to hold jointly with the bufband,
Ra. Ent. 107.233. Vet. Int. 9. Reg. Jud. 12. 56. In afize, Reg. Jud. 59. In
a plea of land to hold jointenances pleaded, Ibid. 47. In affixe, Ra. Ent. 66.
Reg. Jud. 11. 56. Vet. Int. 11. 143. `Scire facias to execute a fine, Vet. Int. 9.
Seire facias to hate delivery of lands extended by elegit in debt, Ra. Ent. 164. Vet.
Int. 11. Reg. Jud. 35. Br. 237.259. On ftatute merchant, Reg. Jud. 42. Of
lands extended by legit, where plaintiff levied part of the money, and defendant
is prepared to pay the refidue, and brings money into court, which plaintiff re-
ceived, Ra. Ent. 236. Reg. Jud. 73. Moile, 101. Vet. Int. 138.
Against tenants by ftatute merchant on allegation that money is levied, Moile, 144.
Br. 281. By feoffee, where part of money is levied, and refidue brought into
court, Moile, 145.
On elegit, fheriff returns inquifition, and that he could not make delivery, for that
the lands were before delivered to H. in extent. Plaintiff alledges that H. is after-
wards fatisfied, and fire facias thereon, and after fpecial imparlance nil dicit,
Moile, 141.
By W. against tenant by elegit executed by the late fheriff on non omittas, where
fheriff delivered to plaintiff a capital meffuage bought by faid defendant fince
the judgment as a moiety of four meffuages, when the faid capital house and four
houfes are the fame, and feid W. ought to hold the moiety discharged of the exe-
cution, 2. Br. 125. Br. 262.
By W. against tenant of lands extended on a statute merchant, where the fame lands
were afterwards extended by another ftatute at the fuit of the faid W. but not
delivered to him, because they were before extended to have delivery made, now
alledging that the debt is now levied, Reg. Jud. 71.
Seire facias to a prayee in aid in feire fre as to execute a fine, Reg. Jud. 36. 50. And
where one plaintiff was fevered, and the other admitted to fue alone for a moiety,
Ibid. 12. And to two prayees in aid feverally of feveral lands, parcel of the ma-
To have execution of a fine, with render, 29. E. 3. 2. By cog-
nor, Ibid. 73.
nizor, for part of lands after the death of tenant for life, Reg. Jud. 10.
Scire facias against termor, fuggeftion of a furrrender, Mole, 132. In reverter,
where donees died without iffue, Her. 598. Ra Ent. 585. Dyer, 69. 199. On a
fine, with render to T. in tail, remainder to plaintiff in fee, and T. died without
iffue, Vet. Int. 113. Co. Ent. 624.629. 632. On fine, with render in tail, re-
mainder to A. in tail, remainder to plaintiff in fee, Co. Ent. 632. With divers
remainders in tail, and death without iffue, Her. 596, Ash. 428. Br. 226.
By three coufins and co-heireffes in remainder, Ra. Ent. 586.
By the heir in remainder of lands, parcel of the manor, 587. Vet. Int. 10. Br. 248.
Reg. Jud. 6.
By husband and their wives to execute a fine levied, with render in tail to feme cog-
nizee, who died without iffue, remainder to the femes plaintiffs, Dyer. 69. On
a fine levied in the court of the abbey, and fent into the bench by certiorari, 44.
E. 3. 28.
Entry of the mittimus de tenore of the foot of an ancient fine, and transcript there-
of, and fcire facias awarded to have execution, Ra. Ent. 586. Vet, Int. 1o. Three
writs of feire facias awarded into several counties to one tenant to execute a fine,
Vet. 10.
Plea of mifnofmer in difcharge of outlawry, Ibid, 308.
Plea, execution to the vill on capias utlegatum, Ibid. 308.
Plea, that plaintiff was born out of marriage. Replication, born in marriage. 342.
Seire facias by king's patentee, for goods of a felo de fe on a judgment cbtained by
him, appearance, nibil returned. Plea, the act of oblivion, 12. Car. 2. Tho. Ent
278.
VOL. IX.
Plea (nibil returned against two) to feire facias against M. that defendant died be
fore the return of the capias ad fatisfaciendum. Replication, that he is living, and
traverses the death, and issue on the traverse, Ibid. 280.
Plea, no capias ad fatisfaciendum fued out against defendant, Mo. Ent. 281.
Plea, that defendant was arrested on capias ad fatisfaciendum, and detained until debt
was fatisfied. Replication, nu tiel record. Rejoinder, habetur, &c. 7be. Ext.
Plea to feire facias against M. that no capias al fatisfaciendum was fued out, returned,
filed, Tho Ent. 282.
Plea to feire facias that the tranfcript of the record of the judgment is removed into
the exchequer by writ of error not yet determined, Mo. Ent. 282.
Plea to feire facias, that defendant was arrested on a capias fatisfaciendum, and per-
mitted to go at large. Replication, confeffing but that defendant was a fervant
of a peer, and produced his protection, and fo was permitted, &c. Tho. Ext.
283.
Plea to feire facias for poffeffion and damage in ejectment, that the babere facias
Pfeffionem, when the feire facias iffued out of the common pleas, was executed.
Rejoinder, writ remains with the cuftos brevium, Tho. Ent. 286.
Appearance by plaintiff ard defendant to alias fcire facias, and defendant pleads
that a fieri facias was fued out in a certain term returnable on a day certain of the
next term. Replication, non fieri fecit, Tho. Ent. 288.
Plea, nul tiel record to feire facias fince the year and day. Replication, habitur talı
recordium, and judgment thereon for plaintiff, Tho. 290.
Plea in bar to ci e facias to execute a fine, that plaintiff is a baftard, and writ award-
ed to the bifhop, Ra. Ent. 588.
That where plaintiff by writ alledged he was fon, he was born out of wedlock, and
iffue, Ra. Ent. 598. Vet. Int. 174. 176.
Plea, defendant makes title to A. and M. by feoffment in a que eftate. Replication,
that J. of L. and J. of T. are the fame perfon, and traverses that the marriage
was celebrated between J. and M. before the marriage between H. and M. Ra. Ent.
588. Ver. Int. 174.
That J. feifed, devifed lands to J. his wife for life, who took to husband M. who le-
vied a fine. Reverfion defcended to K. who fince the death of J. enfeoffed defen-
dant. Replication, that faid T. and M. were feifed in fee; T. devised and died;
J. took to husband M. who levied a fine, and traverses that J. was feifed,
medo et form, Co. Ent. 633. Confeffion to part, to refidue, plea, common reco-
very before fine, and devife of lands to ufes in tail, and W. in remainder in
tail levied a fine, and defendant was feifed in tail by devife. Replication, an-
other devife of lands, confeffes recovery; and traverfe devise alledged by defend-
ant, ilue, and judgment for plaintiff, Co. Ent. 626.
Plea to hire facias against hufband and wife, who plead to iffue.
default at the day, and wife is received to defend the right.
tenant in tail after possibility of extinct, and prays in aid of the
585.589.
Husband makes
Pleads that she is
reverfioner, Re.
Plea, an eftate for life in defendant, and prays in aid of two parcenes in reversion, who
join on fummons, defendant, after imparlance, makes default, and the partners
are admitted to defend the right, Co. Ent. 632. Reg. Jud. 12. Prays in aid of
the king, Moile, 129.
Plea to part, baftardy fpecially pleaded. Demurrer, and judgment for plaintiff to
refidue, non-tenure, Mole, 127. Non-tenure, Br. 265.
Plea that R. and J. married and had iffue J. &c. que eftate. Replication, that long
before, &c. R. took another woman to wife, and traverses that R. and J. had a
fon, S. Vet. Int. 375.
That R. and wife had iffue E. the elder, a fon S. and W. the youngest, to whom
plaintiff
plaintiff made himself akin by the writ. R. and J. died, E. had iffue, &c. J.
entered after the death as of his remainder, que eftate. Replication, that R. and
wife had iffue faid E. the elder then W. and S. the youngest, and traverses that S.
was elder than W. Ra. Ent. 588.
That J. was feifed in tail by virtue of a fine, and fine executed, que eftate. Replica-
tion, not feifed, Ra. Ent. 558. Vet. Int. 75. Like plea to one one moiety, to
The other partes finis nibil habuerunt, but one C. was feifed, from whom it defcended
to defendant, Her. 598. Ab. 424. By two defendants feverally, that tenements
against them demanded, partes finis nil babuerunt in the tenements at the time of the
levying of the fine, that W. was feifed, que eftate. Replication, that cognizor was
feifed at the time, Ra. 589, Vet. Int. 171. As to lands, that partes, &c. and as
to rent, he is not tenant or deforcer, plaintiff prays execution fuo periculo; and to
lands, fays, parties were feifed in fee, Ra. 589. Vet. Int. 171.
Plea, that partes, &c. but that E. and others were seised in fee, que eftate, Co. Ent.
632. Dy. 215.
Plea to fcire facias in debt, release. Replication, duress, Ra. 250. Afb. 241. and
non eft factum thereon, Ra. 590. Plea to fire facias, nul tiel record, 3. Br. 363.
After imparlance, 2. Br. 142. That plaintiff levied debt and damages by fieri fu
cias. Replication, and iffue, Ra. 327. Vet. Int 200.
Plea, that plaintiff brought another writ of fire facias, and had execution by default.
Replication, that it was brought beyond the year. Judgment, that plaintiff have
execution, Ra. 164. Vet. Int. 75.
SCIRE FACIAS AGAINST EXECUTORS TO REVIVE, &c.
AND ON JUDGMENT.
496. Scire facias againft executor in an action as against testa-
tor, who died after interlocutory judgment, and after
the return of the writ of enquiry to fhew caufe, &c.
Plea, payment of the damages in discharge of the ac-
tion before the iffuing of the firft fcire facias. Repli-
cation. Poftea. Verdict for plaintiff. Judgment.
501. Scire facias against adminiftrator with the will annexed
after the death of one executor named, who did obtain
probate, and after the renunciation of the other to re-
vive judgment against the original defendant.
503. Scire facias in B. R. against an executrix to revive a judg
ment in debt obtained against the teftator.
504. Scire facias in C. B. by executors of executrix, to revive a
judgment recovered by teftator in his lifetime, and
which had been once revived by executrix against ori-
ginal defendant.
505. Declaration on cire facias against executors.
514. Scire facias to revive judgment against adminiftrator of de-
fendant, who died after judgment figned and enquiry
awarded, and before writ of enquiry executed. Writ
of enquiry on the laft feire facias.
517. Declaration against executors in C. B.
521. Scire facias by executor against executor on judgment.
523. Seire facias by executors on judgment recovered againft
524, 525.adminiftratrix. Plea. Replication.
Scire facias against adminiftrator on judgment in debt against inteftate; imparlance.
Plea, that capias ad fatisfaciendum was fued out by plaintiff against inteftate,
who was in execution thereon, and died. Demurrer, and judgment for de-
fendant in B. R. but reverfed in the exchequer, Off. Br. 245.
Scire facias by executor againft executor, Bro. Met. 341.
Against acministrator on judgment in debt by teftator againft inteftate, Off. Br.
253. 321. Plea, plene adminiftravit. Replication, that administrator, on the
day of fuing out writ of faire facias, had goods to the value, &c. and iffue,
Ibid. 253. And fpecial verdict. Jury fay that the inteftate procured an affignment
of the leafe in reverfion in truft to his ufe, by which defendant, after the death of
inteftate, by an order in chancery, paid him one thousand pounds, and if the
money paid by defendant was inteltate's goods, then he had affets, &c. Ibid.
Againft executors on a judgment againft teftator, who appear. Imparlance and
plea, that theriff of London, by virtue of a capias ad fatisfaciendum against
plaintiff, took teftator, who before the return in execution died in cuftody.
Replication, that sheriff did not take teftator by virtue of a writ of capias ad
fatisfaciendum, prout, &c. And on special verdict judgment for plaintiff, Off.
Br. 256.
Scive facias by furviving executor, Off. Br. 343. By an executor after a year
and a day, Bro. Vad. 582. 1. Inft. Cl. 320. Cl. Man. 11.
For an executor
upon a judgment recovered by teftator in deht, Mo. Int. 374. On non prof. in
writ of falie judgment, Pl. Gen. 191.
Count on judgment in debt by administrator durante minori ætate of an executor,
who after came of age, and married J. K. who died, and the prays execution
against administrator (defendant in the judgment) and her husband, who paid
debt and damages, and plaintiff acknowledges fatisfaction thereon, Bro. R. 434.
Entry of fcire facias against an executrix upon a judgment obtained against teftator,
Mo. Int. 366. Plea, ze unques executrix, and iffue, Mo. Int. 367. 1. Inft. Cl.
155. Nul tiel record pleaded after imparlance, Mo. Int. 368. 1. Inft. Cl 147.
Entry by executor of plaintiff against adminiftrator of defendant after the death
of plaintiff and defendant, Off. Br. 321. For an executor in dower, wherein
judgment is had by default after two nibils returned, Mo. Int. 369.
Scire facias on a judgment against an executor after a year and a day, Mo. Int.
373. After year and day at the fuit of executor, Cl. Man. 36. Alias fcire facias,
Ibid. 37. 10. 287.
Scire facias by executor against executor on a judgment for fix thousand pounds ob
tained by teftator of plaintiff against defendant's teftator, defendant pleads release.
Demurrer, 3. Lev. 269. Bro. Met. 341. Scire facias against executor, Hanf. 237.
By executor, quare executionem non of debt and damages, 1. Bro. 321. Against ad-
miniftrator on recovery against him, Hanf. 255. Against administrator, quare ex-
soutionem non of goods and chattels of inteftate, Hanf. 321. 1. Inft. Cl. 157. By
adminiftrator on judgment obtained by inteftate. Plea, that inteftate was fela
de je. and money forfeited. Replication, ftatute of oblivion, 1. Sax. 353.
Scire facias by executor on a return of acknowledgment of recognizance before
juftices at the great feffions for the county of P. Off. Br. 313. On recognizance
to our lord the king, lbid. For the king before two juftices of the peace, and
recorded at the general feffion for the county, Ibid. By executor on a recog
nizance forfeited to the teftator, Ibid. By executor on a judgment obtained by
teftator, fheriffs return feire feci. Appearance, and imparlance. Plea na tel
record. Replication, tiel record, Ibid. 314.
Judgment by default on two nibils against executor of administrator on a judgment
obtained by adminiftrator, Off. Br. 317.
Entry of fcire facias brought by adminiftrator when elegit awarded, Off. Br. 318.
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