Ch. XII. Pt. I. Sec. v.] Extents. 287 the chattle real vests, by operation of law, absolutely in the wife, as survivor, he having omitted to dispose of it during her life {a) ; and there is no principle of law in favour of a relation back further than the teste of the writ. And dower is free from the claims of the Crown against the deceased hus- band (Z>). Under an extent against one partner, the Crown may seize partnership goods, but it can sell only the interest of the partner against whom the extent issues ; which is his share of the surplus, after payment of the partnership debts (c). The invariable form of the writ shews, that under an extent against several, the separate goods of each may be taken. Secondly, where a stranger claims an interest, without a pro- perty in the goods, the general rule seems to be, that though such interest arose prior to the fiat or teste of the writ, the prerogative shall prevail. Therefore where goods are dis- trained, but not sold, before the fiat or teste, they may be taken, because till the sale the property in them remains in the defendant {d). Nor is the landlord in such case entitled to a year's rent, under the statute 8 Ann, c. 14 {e). So the effects of a bankrupt are subject to the extent, if not actually assigned before the fiat or teste, though the creditors have an interest therein (/). But goods holden by the defendant in his representative capacity of executor or administrator, cannot be taken {g). And if the defendant be a member of a corpo- ration which has been fined, the goods of which he is possessed in jure propria, shall not be seized for the fine (Ji), Nor is an executor or administrator liable, even at the suit of the Crown, for the testator's or intestate's debts, if there be no assets {i). It seems that the cattle of a stranger, levant and couchant, on the debtor's property, cannot be taken on an extent {k), though they may be on a levari facias. It is even said that if the King's debtor suffer A, to manure his land, the goods of A, may h^ (a) Bac. Ab. Baron and Feme, C. 2. (/) Ante, 286. D. Co. Lit. 351. a note. f^) Rol. Ab. Prerogative, 159, 1. 49. (A) Co. Lit. 31, a. post, 300. 2 Ibid. 806. Com. Dig. Debt, G. 7. (c) 1 Wightw. 50. See 3 Bos. and 4 Term R. 628. 17 Vcz. 152. P. 288, 9. See ante, ch. 11. s. 3. {h) 2 RoK Ab. 159. (rf) Parker, 1 12, 121. 4 T. R. 211. (i) 33 H. 8. c. 39. s. 77. 16 East, 279. (A) 2 Rol. Ab. 159. 16 Vin. Ab. 519. {e) See sett. 8. So on extents in aid. 1 Ld. Raym. 307. 12 Mod. 178. 2 Price, 17. seized
