case pullen against palmer Trinity term will roll in replevin if the defendant  avow the take for rend it be sufficient to say that he be seize general  without state of what estate S c salk S c Carth S c Lutw in replevin the  defendant avow in his own right set forth that the locus in quo be parcel of a  tenement whereof such a person be seize who by bargain and sale grant it to  thirteen person and their heir that they be seize thereof grant the premise to  thirteen more then he show that four of these thirteen modern er p be dead and  that nine be live of who he be one that there be rend in arrear per quod idem  the defendant in jure his to appropriate bene advocate deception c the  plaintiff reply that one of the nine survive grantee release the say rend to  this replication the defendant demurrer and the plaintiff join in demurrer the  exception to the avowry be first the defendant set forth that he be seize  general and do not say of what estate either in fee or for life but now by Geo  c all defendant in replevin may avow or make conusance general that the  plaintiff in replevin or other tenant of the land and tenement whereon the  distress be make enjoy the same under a grant in demise c without set forth  the grant tenure demise or title c c a second that the estate be convey by  bargain and sale and it may be a question whether this be a sufficient  conveyance to raise a use three and last which be chief rely on that he do not  sever in the avowry for he ought to have avow in his own right and to have  make cognizance as bailiff to the rest but have avow generally and make no  cognizance as modern bailiff to the other jointtenants the avowry can be good  for though he may distrain for himself yet he must do it as the law direct for  his fellow jointtenants must join in a avowry for damage pheasant and much  more for a rend all the entry be so Thompson entry a to which it be answer  that this be but form for the defendant have avow for a rend and have show the  special matter and therefore his avowry be good for if one jointtenant make a  distress for the whole rend I arrear and levy the whole the take be good for  he be Accountable to the rest see tookers case   contra b and in this case the  defendant have special show that such a rend be due to he and to they who be  jointtenants be seize and so it be well enough a rentcharge be grant to the  father and his heir during his life and the life of his wife and two daughter  one of they marry the defendant who avow for the rend arrear before marriage  due to he and his wife which be assign for error it be hold bowl v poor cro  James wise v bellent cro James c to be no more than form because the avowry be  for rend arrear to say that it be due to he and his wife be but surplusage  roll Abr d and that avowry be hold good in substance Adjournatur see S c ante  to e