ash contra rogle and the dean and chapter OF saint Paul James f bill to  enforce the Lord of a manor to receive a petition in nature of a Writ of false  judgement to reverse a common recovery demurrer to and the demurrer allow this  case be upon a demurrer the plaintiff bill be to enforce the defendant the  Lord of the manor of barn in Surrey to receive the plaintiff petition or bill  in the nature of a Writ of false judgement to reverse a common recovery suffer  of some copyhold land in the manor by Susan rogle widow which the defendant  rogle hold under the say recovery the bill set forth that Katherine Ferrer by  the will of her husband or by some other good conveyance be seize in fee of  free and copyhold land in barn former her say chancery report husband be in  trust to convey pound a year thereof upon William Ferrer her old son and the  say Susan his then wife and heir male of the body of William remainder in tail  to Thomas Ferrer the plaintiff father second son of Katherine and the heir of  his body Edward be oblige by article upon Susan marriage with his son William  to settle land of that value on Susan for her jointure that Katherine on that  trust in surrender the premise to the value of pound per annum to the use of  the say William and Susan and the heir of their two body beget remainder to  the right heir of William which be a breach of the trust in Katherine in limit  a estate tail to Susan when it shall have be a estate for life that William  die before the admittance leave issue only his son William and in Susan  surrender to one Mitchell against who the common recovery in question be then  obtain wherein one Walter be demandant the say Mitchell tenant and Susan  vouchee to the use of her self the say Susan for life the remainder to William  Ferrer and the heir of his body the remainder to the right heir of the  survivor of they the say Susan and William her son that William the son die  soon after and chancery report Susan die in and the plaintiff father Thomas be  dead without issue male in case the common recovery have not be suffer the  premise will have come to the plaintiff be the young daughter to her father as  cousin and heir both of William Ferrer the father and William the son the  premise be boroughenglish and so the plaintiff be well entitle to prosecute  the Lord of the manor in the nature of a Writ of false judgement to reverse  the say recovery wherein there be manifest error and default but the say Lord  refuse to receive the say petition and combine with the defendant rogle who be  son and heir of the say Susan by a second husband who pretend that his mother  Susan survive her son William Ferrer the premise be descend to he by virtue of  the use of the say recovery limit to the right heir of the survivor of Susan  and her son William so the plaintiff bill be to examine the defect of the say  recovery the defendant demurrer for that the relief seek by the bill be of a  strange and unprecedented nature be to avoid and reverse a common recovery  have in the say manor thirty year ago and that upon a bare suggestion general  that the recovery be erroneous without instance wherein which may be say in  any case chancery report er p chancery report the master of the roll declare  that as to that part of the bill which seek to impeach or reverse the say  recovery for any error or defect therein or compel the say Lord to receive any  petition for reversal thereof or any way to impeach the same this court be the  proper court to supply the defect in common assurance and rather to support  than to assist the avoid or defeat of they and there be no precedent of such a  bill as this be he think not fit to admit of this nor to introduce so  dangerous a precedent whereby a multitude of Settlements and estate depend on  common recovery suffer in copyhold court for valuable consideration will be  avoid and defeat through the negligence or unskilfulness of clerk and  therefore conceive the say common recovery ought not to be shake yet  nevertheless the case be new and great refer it to the opinion and  determination of the Lord chancellor his lordship hold the demurrer good and  order it to stand