coke b edward althams case mic James in the common plea a man seize in fee of  land in g and land in W make his will by which he devise his land in g to his  young son z for life and die leave a widow and t n his son and heir and z his  young son a infant of the age of three year the widow enter into the land in g  as guardian in nurture to z and while in possession release to t n all and all  manner of action as well real as personal suit quarrel and demand whatsoever  as also all her dower and title and action of dower in the land in W what or  which she ever have or have c against the say t n z die without any heir of  his body t n die leave m his daughter and heir who marry e a the widow and her  second husband bring a writ of dower to be endow of the land in g against m  and e a her husband and judgement be give for the demandant the release of all  action real to t n have but a reversion expectant on a freehold do not  extinguish the dower but if the release have be of all her right the dower  will have be extinct where a man have several mean of come to his right he may  release one of they special and yet take benefit of the other but when he can  only come to his right by way of action a release of all action destroy his  right coke report a er p a release of all action be not a release of execution  but it be a release of a to know facias by a release of all action real and  personal such action only be release in which the plaintiff shall recover a  thing in the realty or personalty which be due to he in some case by a release  of all action a debt or duty be bar although no action at the time of the  release give lie for the debt the word quarrel extend to action real and  personal and to cause of action and suit by a release of all action action  depend and cause of action be release by a release of all suit execution be  bar the meaning of the word title a release of suit be large and more  beneficial than a release of quarrel or of action but a release of all demand  be the most advantageous to the releasee in the principal case by the release  of all demand to he in the reversion if the deed of release have not go far  the dower of the widow will have be bar the first word in the release as well  as the subsequent special word extend only to the land in W a deed set out in  plead can be contradict by averment of matter not contain in the say deed SC  brown   a Com dig release Bac ab release vin ab release touch release Thomas  Laurence and Marcia his wife bring a writ of dower against Edward Altham and  Margaret his wife and make demand to be endow of the three part of acre of  land acre of meadow and acre of pasture with the appurtenance in Gosfield in  the county of Essex as the dower of the say Marcia of the endowment of Thomas  Nash the elder her late husband the tenant plead in bar that the say Thomas  Nash be seize of the tenement aforesaid in fee and hold they in socage and  afterward April by his will in write devise the say tenement whereof c to  Zachary Nash his young son for the term of his life and afterward die thereof  seize after who death the say Zachary enter and be thereof seize for the term  of his life and the reversion of the say tenement descend to Thomas Nash son  and heir of the say Thomas the husband and afterward the say Marcia one of the  demandant in her widowhood when she be sole sure April Elizabeth by her deed  do remise release and for her her heir executor and administrator for ever  quit claim to the say Thomas Nash the son all men et of every sort act tam  reales how personal seat complaint et entrust qucunque queen self Marcia well  executor Himself versus prfat thomam Nash son well p co executor swine unquan  to have seu to have tunc to have well to have seu quovismodo tunc in going to  be to have to be able well to be able ration alienjus rei cause well fact  enjuscunque ab origin clean usque diem that the same scribe relaxationis and  afterward the say Thomas the son die seize of the say reversion after who  death it descend to the say Margaret wife coke a of the say Edward Altham the  other of the tenant and afterward the say Zachary die and the say Margaret  enter e and the demandant demand oyer of the say deed which be read to they in  these word omnibus Christ trusty ad quos c as in the record here before at  large and the demandant reply and say that the say Thomas Nash the father be  seize in his demesne as of fee as well of the tenement whereof c in g  aforesaid as of two message and acre of land in Wethersfield aforesaid and by  his will in write devise the say tenement whereof c in g to the say Zachary  Nash as be aforesaid and afterward die after who death the say Thomas Nash the  son enter into the say tenement in Wethersfield as his son and heir and be  seize thereof in fee and the say Zachary enter into the say land in Gosfield c  and that the say Zachary be at the time of the death of the say Thomas the  father of the age of three year wherefore the say Marcia as guardian in  nurture enter into the say tenement in g and that afterward and before the say  release coke report b er p it be conclude and agree by the say Marcia when she  be sole and the say Thomas Nash the son that the say Marcia shall release to  the say Thomas Nash the son all her dower of the tenement in Wethersfield  aforesaid c and that the say Thomas the son so seize of the tenement in  Wethersfield and the say Marcia so possess of the tenement in g she make the  say release c and afterward the say Zachary die c upon which the tenant  demurrer in law and in this case two question be move and argue at the bar and  bench the first be whether the say release make by the wife to he in reversion  expectant on a estate for life shall extinguish her a   b   light a   a e bar  postea b a Doct pl a dower the d whether the say foreign concord and agreement  of the party shall qualify the force of any of the word of the release as to  the first the say deed of release be divide into three part in the first be  consider the word of the release in the second the word of qualification and  in the three the word of relation as to the word of the release they appear to  be of two sort the one general the other special the general contain four word  act to cut complaint et entrust the special contain three dowry distinction et  act dowry the word of qualification be I contingent per death speech Thom  recently man urinate de some terris et property nest in W prd the word of  relation or relative word be queen well quas ego prfat Marcia well executor  urinate versus Self thomam c unquan to have to have seu quovismodo in going to  be to have to be able ration alicuj rei c as to the first word act it be  resolve that in this case the release of all action real to Thomas the son  have but a reversion expectant on a freehold do not extinguish the dower  because a   light a dyer pl a   b postea a Inst a action be law to follow in  judgment quod some to withhold as it be coke b describe in b and Elizabeth  dyer pl more postea b and   a n Benl pl   Ent pl b dyer and Ph and mark see  and Elizabeth dyer out of Bracton lib cap and the wife can sue Thomas the son  to recover her dower by judgement because he be not tenant to the S nor can he  render dower to her for at the time of the release Zachary be tenant of the  freehold and Litt release fol hold that in action real which c light sect    light a light fol a c ought to be sue against the tenant of the freehold if  the tenant have a release of action real of the demandant make to he before  the writ purchase and he plead it it be a good plea for the demandant to say  that he who plead the plea have nothing in the freehold at the time of the  release make for then he have no cause to have any action real against he and  therefore coke chief justice say the opinion in Henry a be of great difficulty  sure if one release to he in the reversion expectant on a estate for life all  action real and afterward tenant for life be implead and pray in aid of he in  reversion or vouch he or he be receive in these case as it be there say  although prcipe be not begin against he yet forasmuch as by the receipt or  voucher he be become tenant to the S of he who make the release and shall be  bind by the judgement he shall have advantage to plead the release of all  action real but the doubt be because at the time of the release make he have  no cause as Litt say to have any action against he but doubtless after receipt  or entry into the warranty by the voucher a release by the demandant to the  tenant by receipt or the d   b hob   b light sect fol b   light b a b   b h a  e b roll Rep Br release h a d vouchee be good because both at the time of the  release make be tenant in law to the demandant but a release to they by any  stranger be not good vide Edward Edward h a Edward c b h h h a light b lib in  my report fol and lib fol but if the wife have release totum law all her right  to he in the reversion her e before a   b   light a   a e Fitzherbert bar  postea a Doct pl e dower have coke report a er p be extinct because her dower  will accrue to the demandant not only out of the estate for life but also out  of the reversion and that be affirm for good law as well at the bar by both  party as at the bench accord to the book of f Fitzherbert bar f Edward cite in  hoe case in the five part of my report fol a for when the right which be the  foundation and principal be release by consequence the action which be but the  mean to recover it I e law to follow be also release and that appear in Henry  h h h and therefore law be well divide in blow Com in nichols case b where it  appear that law be sextiplex sure a   light b Jus be Sextiplex a law to retake  I e prosequen law to go into Jus to have Jus to hold back as to take wholly  Jus to have and hold and therefore when a man release totum law general all  his right be thereby release but if the b   a b disseizee release to the seize  all men action I e law recup sive prosequen in judaic his right of entry be  not coke a thereby release for when a man have e   light a c diverse mean to  come to his right he may release one of they special and yet take benefit of  the other and therewith Littleton agree fol b and ass pl h h h but when a man  have not any mean to come to the land e   light a d but by way of action there  if he release all action thereby his right inclusive by judgement of law be go  because by his own act he have bar himself of all mean and remedy to recover  or attain to it for a release of all advantage upon the account be a good bar  in a action of debt upon the account Edward and therefore if the disseizee  release all action e   light a e to the heir of the seize thereby his right in  judgement of law be go but if the heir of the seize make a lease for life the  remainder in fee and the disseizee release to the f   light b b   light b f  tenant for life all action which he have against he and afterward tenant for  life die the disseizee notwithstanding this release shall have a action  against he in remainder for he release but the action and the act in law never  extend the act of the party far than his express word as if the lord seize his  tenant and make a lease for life this release in law shall be but for the life  of the lessee for it be true that g   b   a roll Rep hut Siderf   light a g  strong et potentior be laying down law how man and so it be true that h    light a   b h strong et quior be laying down law how hom I   b   a   b   light  a a b b b I Ips etian law to take in hand ut jure regantar but if the  disseizee release all action to the seize and afterward the seize die seize  king   light b king and afterward the disseizee die there a right descend to  the heir of the disseizee because notwithstanding the release a right remain  vide l   b l Henry the opinion of Newton and it be observe m before a   light  a dyer pl   b Inst m action be law to follow in judgment and therefore by the  n   light a n judgement the action be determine for the judgement be the end  of the action law to follow in judgment and therefore a release of all action  be no bar oh post a oh of execution and therewith agree Henry execution and Br  release and Henry and Litt b but in a p   light b light sect Br to know Fac Br  release comb skin l raym will p to know facias ground upon a coke report b er  p judgement a release of all action be a good plea a a to know facias be  consider in law as a action for the defendant may plead to it and every writ  whereunto the defendant may plead be it original or judicial be in law a  action   light a Pulteney v townson black grey v Jones will Fenner v Evans TR  winter v Kretchman TR Vid Tidds practice Chap to know facias and note  Underhill v Devereux sand a a because he shall have a new judgement and  therefore there it may well be call law to follow in judgment and therewith  agree e b then the word far be quod some to withhold I e which be due to any  so that by release of all action a   light b a real and personal such action  be only release in which the plaintiff shall recover any thing in the realty  or the personality which be due to he which be include in these word quod  Himself to withhold and therefore if a man be outlaw in a personal action by  process upon the original and bring a writ b   light b light sect b of error  and he plead against he a release of all action personal that be no coke b  plea for by the say action he shall recover nothing that be due to he but he  shall only reverse the outlawry to discharge himself of that disability so  that the say writ of error do not agree with the say description of a action  for it be not c   light b light b light sect c law to follow injudicio quod  Himself to withhold but in such a case a release of writ of error be a good  plea and therewith Littleton agree b and the book in d postea a Fitzherbert  error before a Br error d h a b where the case be Trescullard bring a writ of  error against t son and heir of John Penros upon a judgement against he in a  writ of redisseizin at the suit of the say I Penros and also of a outlawry  thereupon against he pronounce for that cause and assign two error one because  the sheriff take the inquest in the town and not on the land accord to the  statute because the sheriff make a precept to a bailiff to summon the judge  who return a pannel which be remove hither as parcel of the record and the  sheriff take the inquest by some who be not return by the bailiff and there  huls as to the first error say if the sheriff cause the jury to view the waste  he may take the inquest at another place so here and as to the second error he  say that the sheriff may vary from the return of the bailiff for the sheriff  himself be the person who make the array who be also a judge in the case  gascoigne if the sheriff have not make the precept and the return by the  bailiff have not be make parcel of the record it will be as you say but he  have send this return as parcel of the record whereby he affirm the return of  the bailiff and if he have process against the jury by habeas corpus and have  take the inquest by other it be error quod huls to go away and Rolfe of  counsel with the defendant in the writ of error plead that the plaintiff shall  not be receive to assign error for after the judgement the plaintiff in the  writ of error by his deed which be here release to the say John Penros who  recover in the writ of redisseizin all his right in the land and all action  and demand and although both the error be assign in the principal record and  thereof by the say release he be stop to assign error and although the  outlawry be good in process yet because the record and judgement be the  original of the process of the outlawry therefore if there be defect in the  original judgement the outlawry which be depend upon it be reversible by  Gascoigne quod huls affirmavi wherefore he reverse the outlawry  notwithstanding the release which judgement agree with Littleton and be worthy  observation in the principal point of judgement so if the body of a man  condemned in debt be in execution and the plaintiff release the debt and all  execution and the defendant release to the plaintiff all action yet upon the  release of the plaintiff he shall have a a   light a a hearing complaint for  thereby he shall recover nothing but discharge his body of imprisonment coke a  but if the plaintiff after judgement release to the defendant all action and  afterward his body be take in execution he shall not have a hearing complaint  thereupon for b light S   light a b a execution be no action as have be say  before and therewith agree h release coke report b er p also it be observe  upon these word quod some to withhold that in some case a debt or c cro  Elizabeth c duty shall be bar by a release of d   light a d all action  although no action at that time lie for the debt as if a man be bind to  another in a certain sum to be pay at the Feast of saint Michael next follow  if the obligee before the feast release to the obligor all action he shall be  bar for ever of the duty for it be debt is owed present although it be not  present solvend and therefore if one be bind to another in to be pay at four  usual feast of the year and three of the feast be pass in that case for there  be debt is owed and solvend also and yet the obligee shall not have a action  of debt b this must be understand of a single bind for in the case of a bind  with a condition to pay money on several day on default to pay on the first  day the bind will be forfeit touch Vid note a walker case   a b till the last  feast be pass and notwithstanding that a release of all action before the last  feast discharge all e brown   b   light b   b Leon Owen Cr Elizabeth   a roll  Rep e but if a man lease land to another for the term of a year render rend to  be pay at the four usual feast by equal portion in this case if one feast be  pass he shall have a action of debt present and shall not tarry till all the  day be pass for there the duty accrue upon the receive of the profit of the  land and till the feast incur in which it be to be pay there be neither debt  is owed nor solvend and therefore there a release of all action before the  feast be no bar but in respect of the several perception of the profit of the  land the rend after every feast be demandable by action of debt and so stude  causan difference make in f light S   light b light b f Litt which be never  add by Littleton himself be well explain and therewith agree Henry a Edward a  l Edward b Henry avowry vide man dyer g dyer pl g man h Br action sur Le case  Leon h dyer upon assumpsit or covenant in which damage be to be recover a  action lie after the first day and f n b and e become Fac that upon I   light  b f n b h roll Rep   light b Cr James   b Inst f n b b I a recognizance which  be a judgement in law execution lie after the first day and so all the book be  well reconcile and agree wherefore it be conclude in the case at bar that by  the release of all action make to he in reversion the dower of the wife be not  bar because at the time of the release she have no cause of action against he  as to this word complaint a   light a light sect a it be to be know that  quarrel extend not only to action as well real as personal as it be hold in e  a but also to b   light a b cause of action and suit as it be hold in h b so  that by release of all quarrel not only action depend in suit but cause of  action and suit also be release and so it be where one release to another all  action not only action depend but also c   light a c cause of d   b dyer a b    light a d coke b action be release vide h and Elizabeth e and and Elizabeth  dyer pl   a n Benl pl   Ent pl ante b more e b Trin Eliz rot c and this word  complaint be derive a querend unde etian to express grief who be the plaintiff  and quarrel controversy and debate be f   light a f synonimon and of one and  the same signification and for this word to cut it be to be know that by  release of all h   light a roll h Fitzherbert execute h suit execution be bar  for none shall have execution without suit or prayer and therewith agree coke  report a er p Henry Henry execution and Br release so by release of all I roll  Fitzherbert execute   light a I duty as well execution as action be release  but a release of suit or quarrel be not in this case any bar of dower no more  than by a release of they a king   light b   a   b roll   b Cr James more hut  Bulst Anders Poph light Rep Yelv king covenant before the breach thereof be  release because the covenantee have no cause of action or suit before the  covenant break as to this word l   light b l distinction which be mention in  the particular clause it have two signification one proper and strict as for a  title for which no action lie as for a condition break or upon alienation in  mortmain c and so it be take in Plowdens commentary in nichol case fol m    light b m in another signification it be take large and in this sense titulus  be justice causan to have and hold quod your be and signify the title which  one have to land as by fine feoff c or by descent c and therefore when the  plaintiff make a title in a assize the tenant may say let the assize come upon  the title which be as much as to say upon the particular conveyance c which he  make to the land c and it be call n ib n titulus atuendo because thereby he  defend his land et the majority and constat ex fortification queen to wall et  to look at causan by release of all title to land c all his right be extinct  for it shall be take strong against he and in the large sense so when a man  have title in the proper sense oh ib oh either by a condition or by alienation  in mortmain the release of all his right will extinguish this title for he  have law to have and hold and therewith agree Henry a and the English poet say  for true it be that neither a brown a fraud nor may can make a title where  there want right the last of the four general word in the deed be b brown    light b light sect Poph roll Rep Cr James roll Bridgm ass Fitzherbert release  Br release long quint e a e a h Br release Yelv hob Nov hut Bulst cro  Elizabeth light Rep   b b entrust quod be noun arm and if one release to  another all demand it be as Littleton say a the best release to he to who the  release be make that he can have and shall enure most to his advantage for  thereby not only all demand but also all c brown c cause of demand be release  and there be d   light b d two manner of demand sure in deed and in law in  deed as in every S there be a express demand and thereupon in real action he  be call demandant in law as every entry into land distress for rend take or  seizure of good and the like act in pais which may be do without any word coke  a be demand in law and as a release of suit be e brown e large and more  beneficial than a release of quarrel or of action so a release of demand be  more large and beneficial than any of they for thereby be release all that be  by the other release and more by release of all demand all freehold and  inheritance executory be release as f Cr James Bridgm b   light Brownl roll f  rend and the like ass p Henry by release of all demand all g brown cro  Elizabeth light sect g execution be release Henry execution Henry Litt Edward  by release of all demand to the seize the right of entry to the land and all  that be contain in it be release Henry so it be resolve by all the justice in  h   b   light a e l e h Chaunceys case Henry Br release that he who release  all demand coke report b er p exclude himself from all action entry and  seizure Litt cap warranty a hold that if tenant in tail feoff his I   Litt b  Litt a Litt S I uncle who feoff another in fee with warranty if afterward the  feoff by his deed release to his uncle all manner of warranties or all manner  of real covenant or all manner of demand by such release the king   b   a king  warranty which be a covenant real and executory be extinct and the reason of  all this be because by release of demand all the mean and remedy and the cause  of they which any one have to land tenement good chattel c be extinct and by  consequence the right and interest itself to the thing wherefore it be resolve  that in the case at bar by the release of all demand to he in the reversion if  the deed of release have not go far the l   b   a before a b   light a e  Fitzherbert bar Doct plan l dower of the say Marcia have be bar note reader  although a release of all demand be of so great extent yet it do not extend to  such writ by which nothing be demand neither in fact nor in law but lie only  to relieve the plaintiff by way of discharge and not by way of demand as  appear before by the judgement in a ante b a Trescullards case in Henry where  a release of all demand be no bar in a writ of error to reverse a outlawry et  such in like vide Edward Richard avowry Edward Henry c where by release of all  demand future b brown b incident be release and where not and vide Plowdens  commentary in nichol case for this word interest now as to the second part of  the deed sure to the word of qualification it be resolve that as well the  first word as the subsequent word special extend only to release all action  suit quarrel demand title and dower c de some terris et property nest in  Wethersfield c keb c and not to any land and tenement in Gosfield for the say  latter word I contingent per death dictam Thom c qualify the say general word  and restrain all the first word to the land or tenement in Wethersfield coke b  and that for three reason because all the say three part of the deed sure the  word of release the word of qualification and the word of relation be but one  period and one sentence for this conjunction nor conjoin the general word to  the word of qualification and the relative word refer to all the word as d  wing Max d well general as special and also to the word of qualification as  shall hereafter appear and therefore the whole be but one and the same  sentence if the general word shall stand without any qualification then the  special word will be altogether vain and of no effect et e roll Rep wing Max    a   a   b Bulst e insult exhibition be queen to destroy woven fabric the three  and the principal reason be upon a maxim and principal of the law sure f winch  roll Rep f when papyrus continent general end postea and to climb down ad word  specific queen end generali are consenlanea to explain be papyrus secundum  word specific the same rule almost word for word be put and agree on both side  in Edward a Margery g light Rep hob g mortimer case know where a deed speak by  general word and afterward descend to special word if the special word agree  to the general word the deed shall be intend accord to the special word as if  a man grant a rend in manor de do percipiend in acre of land parcel of the  same manor with clause of distress in the acre the rend shall issue out of the  acre only and the general word shall be construe accord to the special word so  it be there also say if a man grant a rend and go no far these h   a a winch  Perk sect   light a b h general word shall create a estate for coke report a  er p life but if the habendum be for year it shall qualify the general word  and all this appear in the say book of Edward so if a man a roll godb side  light Rep Perk sect brown   light a dyer pl side Bulst a give land to one and  his heir habendum to he and the heir of his body he shall have but a estate in  tail and no fee expectant c in Turnham v Cooper cro James SC roll Rep SC  Popham such word be hold to pass a fee tail and a feesimple expectant in the  case there be several circumstance to indicate a intention to pass a fee for  there be a reservation of tenure to the lord paramount which can not be if  only a estate tail pass to the donee and the reversion have remain in the  donor for then the tenure must have be of the donor there be also a warranty  to the donee and their heir but the judgement of the court do not appear to  have depend upon these special circumstance Vid send for with the position of  Lord coke beck case light Rep anon more Vid note to sander on use Com dig  faits e do v Ellis east c for the habendum qualify the general word precedent  and therewith agree ass p ass p and Perkins b against the opinion obiter in  Henry but if a man give land in the premise to one and b light Rep   light a  Jones b the heir of his body habendum to he and his heir he have a estate tail  and a feesimple expectant for that stand upon another rule or principle in law  sure c ante b Raymond hawk Max style roll Rep light Rep   b hard b and b b and  b c general clause non to stretch out ad she queen before specifically are to  bind together and therefore when the deed at the first contain special word  and afterward conclude in general word both word as well general as special  shall stand and it be well say in h dyer subsequent word may qualify and d    light a side dyer pl d abridge but not destroy the generality of the word  precedent d that subsequent word which be general shall be govern by precedent  clause which be more particular v id Thomas v Hotel Mod pailer v Homersham m  and S and vide vin ab grant h pl et seq d vide dyer h fol ass p and e b to the  last part of the deed sure the relative word queen well quas c it be resolve  that they coke a refer as well to action c and demand as to the special word  for it will be against reason that they shall refer to general word which be  more remote and not to the word of qualification which be immediate and next  to they that be so clear and perspicuous of itself that it be not worthy of  any argument or proof to confirm it for the second point of the case it be  resolve that the say foreign or collateral averment out of the say deed be not  of any force or effect in law for every deed consist upon two part sure matter  of fact and upon the construction in law matter of fact be to be aver by the  party and triable by the juror the other be matter in law be to be discuss by  the judge of the law and quemadmodem e   a a   b Bulstr side   light a a roll  Rep e ad qustionem fact non respondent judge ita ad questionem law non  respondent a swearer e Vid Mr hargrave note   light b e and therefore if a  levy a fine to William his son to have and to bold to he and his heir upon  this fine the judge can make question for any matter of law but now the party  come and aver matter in fact and say that a have two son name William a Br  Nosme   a b Br fine Fitzherbert feoff a elder and a young and his intent be to  levy the fine to William the young this b more hob style b averment out of the  fine be good of this matter of fact which well stand with the word of the fine  and shall be try by the country and therewith agree e b but if a man by deed  give good to c Br do   c one of the son of coke report b er p I S who have  diverse son here he shall not aver which son be intend for by judgement in law  upon this deed this gift be void for the uncertainty which can be supply by  averment vide e a so if a man levy a fine of the manor of sour or of the manor  of Dirtleby to two et hredib and in truth there be the d kelw a d manor of  north sour and south sour or great Dirtleby and little Dirtleby in this case  issue may be take dehors which manor the conusor intend to pass for that be  matter of fact not apparent in the fine whereof the judge can take conusance  but it stand well with the fine and shall be try by the jury and therewith  agree h h a e grant but where the word be in the limitation of the estate to  two e   a hob   light b Br n c Br estate Fitzherbert feoff et faits Plowd b  Bridgm roll Perk sect kelw pl and and Bulst Leon godb e et liceredibus that be  apparent in the fine and by judgement of law these word et hredibus be  uncertain and void as it be adjudge in h b vide h b h b e b and no averment  dehors can make that good which upon consideration of the deed be apparent to  be void so if a man make a feoff to one and his heir no averment can be take  that the intent of the party be that the feoff shall have but a estate to he  and the heir of his body coke b for such averment will be against the  judgement of the law which appear to the judge upon the view of the deed so in  the case at bar if the general word entrust have in law by the judgement of  the judge upon the consideration of the whole deed of release bar her of her  dower no foreign or collateral averment dehors can qualify or abridge the  force and operation of the say word but it ought to be qualify by apt word  contain in the deed itself as in this case it be and afterward judgement be  give for the demandant f at commonlaw it be a rule that no parole evidence can  be give of a man intent who have put it into write except to explain a latent  ambiguity per Lord Northington Stephenson v Heathcote I Eden c c and per  Mansfield CJ do v Oxenden taunt from whatever cause the ambiguity proceed  whether from a misdescription of the estate or from a misdescription of the  person if there be a latent ambiguity parole evidence be admissible Vid the  case collect by Mr Eden note c Stephenson v Heathcote ub sup and Phillips on  evidence that ed f