case dame Gresham against ban Hilary term Elizabeth roll on a to know facias  to a recognizance a special plea that the cognizor be seize of such land be  not prove by a verdict that he and another be joint seize ante post more  Goulds Cowp dougl term Rep Scirefacias upon a recognizance make unto her by  one Gerveys who be return dead whereupon she sue a new to know facias against  the heir of Gerveys and the terretenant upon which the sheriff return that he  have summon pa ban who be tenant of the manor of S which be the land of  Gerveys after the recognizance acknowledge whereupon Paul ban come in and  plead that one Mann be seize of three acre in d whereof Gerveys be seize in  fee after the recognizance make judgement si action the plaintiff say that  Gerveys be not seize in fee of those three acre after the recognizance c and  thereupon they be at issue and a special verdict find that the say Gerveys and  one Hedingfield be joint seize in fee of those three acre after the  recognizance e and therefore feoff the say Mann who be yet seize thereof in  fee et si c  Coventry and coke move that this verdict be find for the  plaintiff for the issue be whether he be seize in fee of those three acre and  it be find that he be not seize but of the moiety of they which be a special  issue it be find against the defendant plead this plea but if it have be true  plead that which be find have be sufficient to have abate the writ and to have  put the plaintiff by from her execution but be a false plea it be find against  the defendant as Henry pl Henry dyer pound but Godfrey move that the find of  this joint seize suffice to maintain the issue for every jointtenant be seize  of the entirety but all the justice hold to the contrary that the verdict upon  this reason be find against he who plead it for jointtenants in truth be but  seize of moieties but Fenner say that in regard it now appear upon this  verdict find that execution ought as well to he sue against Mann as against  Paul ban the defendant it suffice he and be all one as if it have be find that  he be seize as he have plead as Edward pl a alienation be suppose to he in fee  and find to he for life only it be well enough Popham and gawdy contra because  this be a special plea and ought to be find as it be plead otherwise it will  not serve and there be difference when the plea be to the point of the writ  and when it be a collateral plea or in bar say adjournatur afterward the lady  Gresham die and so the matter be determine croak Elizabeth er p