case Adam against TERRETENANTS OF savage if a administrator bring a to know  facias on a judgement by his intestate to warn the tenant and the sheriff  return several terretenants they can all appear and plead in abatement joint  if on a to know facias against terretenants the sheriff return among other  John and Sarah his wife as tenant a plea in abatement that g t be the tenant  be bad for it be plead nontenure by implication SC ante SC salk SC salk SC  salk SC lily Ent the case be move again this term it appear on the record to  be thus a to know facias be bring by a administrator upon a judgement by his  intestate to want in the tenant of such land as be savage at the time of the  judgement c the sheriff return several terretenants among other I and S his  wife tenant of a capital message call b and also of the manor of b all the  tenant appear and plead in abatement joint videlicet that one g t be tenant of  the freehold of the manor of b and so pray judgement of the writ et quod empty  per curian the plea be clear bad first because they all join in the plea when  they be return several terretenants for if a be return terretenant of one  parcel and b of another a can plead that another be terretenant of another  parcel and not return except only as far as it affect himself but not quatenus  it affect b second this as the record be be plead a nontenure by implication  for if g t be tenant of the freehold of the manor of b of which I and S his  wife be tenant return that be a implication that I and S be not tenant of it  and therefore bad for a nontenure though it be express plead be not a good  plea to a to know facias upon a judgement in a personal action because it be  direct to falsify the return of the sheriff it have be a question whether a  special nontenure can be plead in that case but that it may be now settle see  the yearbooks Edward pl Henry pl and the case of flood v Pennington cro  Elizabeth a but in a to know facias to have execution of a judgement in a real  action one may plead nontenure against the return of the sheriff because there  the freehold so much favour in law be at stake beside as to the plead of this  in abatement if the sheriff have return all the terretenants in his county it  be altogether improper to plead in abatement that there be other tenant in  another county not return because in that case there be none to be summon by  that sheriff and the sheriff have return all in his county have do his duty  but if it be plead that there be other tenant in the same county the regular  and neat way be to conclude by demand judgement if they ought to be put to  answer until what time the other be summon for which see the precedent in the  case of Jefferson v Dawson sand b it be true that precedent be both way but  judgement be never accord to the conclusion here quod breve empty but only to  stay until what time for judgement shall not be to abate a writ but where the  plaintiff may have a better modern and holt chief justice quote the case of  Kemp v Laurence Owen a where it be hold that a tenant for year be a good  tenant to plead in bar to a to know facias on a judgement for debt or damage  because that be only in the personalty by to a modern er p judgement in the  realty if one jointtenant be return he may plead that another be tenant of a  moiety and by the court a to answer ouster be award