case stockman against hampton Trinity term car roll in trespass if the  defendant justify by command of the heir of a who die seize in fee and the  plaintiff reply that a be seize in fee but that he covenantee to stand seize  to the use of b where he be seize in tail and traverse that a die seize in fee  the deed declare the use need not be show   cro James hob Jones dyer Carth    light note a deed plead only as inducement to a traverse and not belong to the  party need not be show   light lev   cro Elizabeth cro James Com dig a party  claim under beneficiary and use need not in plead show the deed ante a  inducement to a traverse be not traversable ante trespass quare enclosed space  to break in pieces and chase his cattle the defendant justify for b see Ann c  and Geo c by which the necessity of attornment be take away and Mr butler note    light a croak car er p that sir Bartholomew Michael be seize in fee and die  seize which descend to his two daughter and heir and be by their command c the  plaintiff reply that true it be sir Bartholomew Michael be seize in fee but be  say that be so seize be in consideration of the love and affection to Richard  Michael his nephew and other of his blood by indenture that march James  covenant with Edward Roger and other to stand seize of those land to the use  of himself and the heir male of his body and for default of such issue to the  use of the say Richard Michael for life remainder to his first son in tail  with diverse remainder over in tail remainder to the right heir of the say sir  Bartholomew Michael whereby and by virtue of the statute of use the say sir  Bartholomew Michael be seize in tail with the remainder over and die seize of  such a estate without issue male whereupon the say Richard enter and the  plaintiff by his licence put in his cattle c and traverse that the say sir  Bartholomew Michael die seize in fee upon this the defendant demurrer and the  principal cause be because the plaintiff claim by this deed of use which can  commence without deed do not show the same croak car and this be argue diverse  time at the bar all the court hold that the plea be good without show the deed  first because the deed do not belong unto he although he claim thereby but to  the covenantees and he have not any mean to obtain the deed and it shall be  mischievous to those who claim under such a deed if they shall lose their  estate unless they may produce it second because it be a estate execute by the  statute of use so the party be in by the law as tenant in dower and tenant by  statute staple or merchant which have a rentcharge extend by they as Edward to  point out de faits and Henry ibidem three and principal in this case because  it be but a inducement to the traverse and be not answerable by the defendant  but he ought to maintain his bar that he die seize in fee vide Henry Edward  blow Com whereupon all the court agree that the replication be good without  show the deed wherefore it be adjudge for the plaintiff vide Henry per pollard  Henry per Fineux   Leifeilds case   light Henry fol by car c after verdict no  judgement shall be stay or reverse for want of allege the bring into court of  any bind bill indenture or other deed mention in the declaration or other  plead and by Ann c the omission be also aid on a general demurrer