#### Baker’s case.

Pasch. 2 Car.

DEBT against Sir George Baker, executor of S. B. on a bond executed by the testator, defendit vim et injuriam &c. et dicit quod scriptum predictum non est factum suum.

Henden. This is bad. For suum refers to the defendant, and the deed is alledged to be his deed: and no mention is made of S. B.

Crew, C. J. Doderidge, J. and Jones, J. Contra. But Whitlock, J. doubted.

Intrat. T. 1 Car. rot. 280. Judgment for the plaintiff.

Doderidge, J.

Husband and wife in action *126 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, to make the plea good. Noy 79.