Opinion
(1793.)
Debt against Sir George Baker, executor of S. B., on a bond executed by the testator, defendit vim et injuriam, etc., et dicit quod scriptum predictum non est factum suum.
Henden. This is bad. For suum refers to the defendant, and the deed is alleged to be his deed; and no mention is made of S. B.
CREW, C. J., DODERIDGE and JONES, JJ., contra. But
WHITLOCK, J., doubted.
Intrat. T., 1 Car. rot., 280. Judgment for the plaintiff.
Husband and wife in action of trespass De bona sua is well, for the reference shall be singula singulie. What Henden has moved, is after a verdict. Issue was taken on it, and it is found to be his deed, which is well.
CURIA. His shall relate here to that which it may reasonably relate to, make the plea good. Noy, 79.