case lock against Norborne see do d foster v earl of Derby a e verdict shall  only be give in evidence among privy ld ray hard Yelv a hob Carth vern Prec Ch  pale yellow e r Mod Mod bull n p stram ld ray I brown Cas in parliament upon a  trial at bar in ejectment for land in Wiltshire the case be thus mary Philpot  in the year make a settlement by lease and release to herself for life then to  trustee to support contingent remainder then to her first second and three son  in tail male c then to Thomas Arundel in tail male with diverse remainder over  it be object at the trial that she have no power to make such settlement  because in the year her husband have modern settle the land in question upon  her for life and upon the issue of his body c and for want of such issue then  upon George Philpot in tail male with several remainder over the remainder to  mary Philpot in fee proviso that upon the tender of a guinea to George Philpot  by the say mary the limitation as to he shall be void George Philpot have  afterward make a lease of this land to try the title the trustee bring a  ejectment but because the tender of the guinea can not be prove there be a  verdict for the defendant modern er p and now Mr Philpot will have give that  verdict in evidence at this trial but be not suffer by the court for if one  man have a title to several land and he bring ejectment against several  defendant and recover against one he shall not give that verdict in evidence  against the rest because the party against who that verdict be have may be  relieve against it if it be not good but the rest can though they claim under  the same title and all make the same defence so if two tenant defend a title  in ejectment and a verdict he have against one of they it shall not be read  against the other unless by rule of court but if a ancestor have a verdict the  heir may give it in evidence because he be privy to it for he who produce a  verdict must be either party or privy to it and it shall never be receive  against different person if it do not appear that they be unite in interest  therefore a verdict against a shall never be read against b for it may happen  that one do not make a good defence which the other may do the tender of the  guinea be now prove hilary term the three of James the second in the king  bench sir Robert wright Knt chief justice sir Richard Holloway Knt sir Thomas  Powel Knt sir Richard Allibon Knt justice sir Thomas powis Knt attorneygeneral  sir William William Knt solicitor general