The  right  of  retainer,  however,  will  not  be  prejudiced  by  the  circu.n-
stance  that  the  administration  is  granted  to  another  for  the  use  of  the  cre-
ditor, who  is  a  lunatic,  nor  that  it  is  granted  durante  minoritate ;  nor  that
a  debt  is  due  to  a  trustee  (J)  ;  nor  docs  an  administrator  lose  such  right
by  paying  the  assets  into  Court  (Ji),

7.  Judgmenti,!^ — ^The  judgment  against  an  executor  where  he  has  pleaded
any  other  plea  than  one  he  knew  to  be  false,  (as  ne  ungues  executor,  or  a
release  to  nimself,)  is,  that  the  plaintiff  do  recover  the  debt  and  costs,  to  be
levied  out  of  the  assets  of  the  testator,  if  the  defendant  have  as  much,  but
if  not,  then  the  costs  out  of  the  defendant's  own  goods  (/).  But  if  he
plead  one  of  such  false  pleas  as  referred  to  above,  jud^ent  is  against
(dm  in  the  first  instance  de  bonis  propriis  (m).  Where  judgment  is  ob-
tained against  an  executor  in  an  action  on  the  bond  of  his  testator,  exe-
cution cannot  be  issued  in  the  first  instance  against  the  goods  of  the  exe-
cutor, although  he  has  been  guilty  of  a  devastavit  (n),  and  has  no  goods  of
the  testator  in  his  hands ;  but  an  action  must  first  be  brought  suggesting
a  devastavit  (o).
