Reports of that reverend and learned judge, Sir Humphry Winch Knight sometimes one of the judges of the Court of Common Pleas : containing many choice cases, and excellent matters touching declarations, pleadings, demurrers, judgements, and resolutions in points of law, in the foure last years of the raign of King James, faithfully translated out of an exact french copie, with two alphabetical, and necessary table, the one of the names of the cases, the other of the principal matters contained in this book.

Philip Holman against Tuke.

PHillip Holman was executor of George Holman, and he brought an action of debt against George Tuke, and declared upon a lease made by himself by the name of Philip Holman executor of the Testament of George Holman deceased of such land, and the said land was delivered to him in execution of a Statute by ex∣tent, which Statute was made to this Testator, and this lease was for years, if the Plantiff should so long continue seised by force of the Statute, and it was ren∣dring 100. l. per annum and for 3. years rent behinde, he brought his action in the debet and in the detinet, and also in the declaration he averred, that he did continue seised so long by vertue of the extent, and Serjeant Bing demurred in law, because he said the action ought to be brought in the detinet only; because he had brought the action as executor; but Hendon and the Court &c. Iones and Hutton to the contrary, because the lease was made by himself, and Hutton said in the case there is difference between a personal contract, and real, and it was said, that an executor shall never be forced to bring his action in the detinet only, where he need not name himself to be an executor: which note well.

It was agreed in a case by Hobert, that where a man brought an action de parco facto and declared upon the breach of a pound, and also of the taking out of beasts; and the Defendant as to the taking out of the beasts, pleaded not guilty, and as to the breaking of the pound, he said that he was Lord of the Soil, upon which the pound stood, and tha•• he brake of the Lock, and put a lock of his own;

and Hobert said in this case, that he ought to plead the general issue, for in verity this is not any broach of the pound, except the beast come out of it: and Iones Iustice was of an opinion, that if he put out the beasts he may not have this action, because the freehold was in him, but he ought to have a special action upon the case.