cccxcvii mich Elizabeth in the king bench error appearance by attorney if the  grantee of tenant after possibility shall atturn a writ of error be  broughtupon a judgement in a quid law proclaim it be assign for error that the  tenant do appear by attorney whereas he ought not but in person because he be  to do a act in proper person if it be not in case of necessity where the  attorney may be receive by the king writ or plead matter in bar of the  attornment as if be claim fee c or other peremptory matter after which plea  plead he may make attorney e h e another error be because it be not show in  the quid law proclaim what estate the tenant have another matter be if the  grantee of the estate of tenant in tail after possibility of issue extinct  shall be drive to attorn and it be Leonard say he shall not for the privilege  do pass with the grant see e tenant in tail after possibility of issue extinct  shall not be drive to attorn e ergo neither his grantee William contrary as to  the appearance of the tenant by attorney because the same be admit by the  court and the plaintiff the same be not error which see I h by Brian and  Conisby h and be say that the grantee shall be drive to attorn for no other  person can have the estate of the tenant in tail after possibility of issue  extinct but the party himself therefore not the privilege and although he  himself be dispunishable of waste yet his grantee shall not have such  privilege as if tenant in dower or by the courtesy grant over their estate the  heir shall have waste against the grantors for waste do by the grantee but if  the heir grant over his reversion then waste shall be bring against the  grantee see Fitzherbert n b and if two coparceners be and the one take a  husband and die the husband be tenant by the courtesy a writ of partition lie  against he but if he grant over his estate no writ of partition lie against  the grantee h Stathams aid tenant in tail after possibility of issue extinct  shall not have aid but his grantee shall have aid clark the grantee of tenant  in tail shall not be drive to attorn if tenant in tail grant totum position  suum the grantee be dispunishable of waste so if his grantee grant it over his  grantee be also dispunishable c it be adjourn dyer b Len mich Elizabeth in the  king bench