coke a read and redmans case pasch James in c b in debt bring by two executor  one be summon and sever and afterward he who be sever die and the defendant  plead it in abatement of the writ hold the writ shall not abate difference  between writ real original and writ real judicial difference in real writ  original between the act of God and the act of the party difference between  real action concern freehold or inheritance without have regard to survivor  and action mere personal or personal and in some manner mix with the realty  note summons and severance be always before appearance and nonsuit after where  the severance be without process c     light a e cro car in debt bring by two  executor one be summon and sever and afterward he who be sever die and the  defendant plead it in abatement of the writ a and it be resolve the writ shall  not abate against the book brief report in e where the reporter say the  contrary to Trin Reg c and e account the executor of the earl of Salisbury  bring a account and one be summon sever and afterward die and the writ by  award be abate but for the better understanding of the true reason of the law  in this case and the like these difference be to be observe the first be  betwixt writ a real original and writ real judicial for if two b coparceners  bring a real action and one be summon and sever and afterward die have issue  or no issue the writ shall abate so if two jointtenants bring ail assize or  other original or real action and one be summon and sever and he who be summon  and sever die the writ shall abate although the thing in demand shall survive  for a mail in a real action shall never recover upon a writ either false in  word or e unapt for his case because he may have another writ true and apt  also neither shall a man recover a moiety where he may have a original writ to  recover the whole and sometime by the act of God subsequent the word of the  writ well bring become false or unapt for his case and in such case coke b the  writ shall abate and therewith agree e in a writ of aiel John de hatton case e  b h b r brief vide e but if two coparceners bring a cognizant fa which be a  judicial writ upon a fine levy c and one coparcener be summon and sever and  die without issue the judicial writ shall not abate the same law in case of  two jointtenants but if the coparcener who die have issue then the writ shall  abate as it be adjudge in e vide e brief e ibidem the second difference be in  real writ original where he who be summon and sever die which be the act of  God by a by stat W c I i in all action if there be two or more plaintiff or  defendant and one or more of they shall die if the cause of such action shall  survive to the survive plaintiff or plaintiff or against the survive defendant  or defendant the writ or action shall not be thereby abate but such death be  suggest upon the record the action shall proceed at the suit of the survive  plaintiff or plaintiff against the survive defendant or defendant Vid serjeant  wms note Underhill v Devereux sand I Tidds practice that edition a hut hob b  Cr car Jones c   b a roll Rep e h a hob Yelv palm cro James cro car cro  Elizabeth Brownl sand coke report a er p which the writ be abate and take of  husband or entry into the land by he who be summon and sever which shall not  abate the writ for these be the act of he who be summon and sever and the writ  by such act where there be not any summons and severance become only abateable  and therewith agree e the three difference be between real action concern  freehold or inheritance as be aforesaid without have regard to survivor and  action mere personal or personal and in some manner mix with the realty in  which chattel or entire thing be demand there if one plaintiff be summon and  sever his death where the entire thing survive to the other shall not abate  the writ as in a writ of ware of the body h e c vide e e e h h e e title brief  e v e f n b h how imp Elizabeth die and in such case of d quare hinder in some  case the death of one of the plaintiff shall not abate the writ without any  severance know where otherwise the plaintiff who survive will be without  remedy c as upon a plenarty and six month pass or that lapse will incur which  reason peradventure will reconcile all the book aforesaid which prima fancy  seem to disagree and that be the reason give in some of the say book as in e h  c that otherwise the wrong do to plaintiff will be unpunished or otherwise the  lapse will incur c and peradventure such wrong will turn to the disinheritance  of the survivor for ever as if two purchase a advowson in fee and a stranger  usurp and they bring a quare hinder and the six a month pass and afterward one  of they die if in this case the writ shall abate by the act of God the  survivor will be disinherit of the advowson for ever but when after the death  of one of the plaintiff the survivor may have a new writ without any prejudice  to he there you will find in some of the say book that the writ have be abate  but without question if one of the plaintiff in a quare ine foot soldier be b  sever and die coke a the writ shall not abate in a writ of c detinue of  charter bring by three coparceners vide e severance h e severance in a writ of  debt by executor which be the case now in question e brief e executor h for  there the debt demand be entire and survive but in these case if one plaintiff  die without severance the writ shall abate vide r livre vide h in e two bring  a writ of warranty of charter c and the one die the writ shall abate for that  be a original but in a quidjuris proclaim by two and one of they die the writ  shall not abate for that be a judicial writ e and regular in all judicial writ  in personal action the death of one of the plaintiff shall not abate the writ  e execution r brief vide e b h vide e severance that summons and severance lie  not in quid law proclaim but the d nonsuit of one be the nonsuit of both for  the tenant shall not be put to attorn to one only another difference be  between writ in which something be to be recover and writ in which nothing be  to be recover but be to discharge the plaintiff only of a burden and therefore  in a writ of error the death of one of the plaintiff shall abate the writ b h  r a ass p e brief but in e hearing complaint which be also a original the  death of one of the plaintiff or of one of the defendant shall not abate the  writ r I I r brief because he be to recover nothing but only to discharge  himself of a burden and charge c and for this reason the nonsuit of one be not  the nonsuit f of the d   b more   light a dallison f n b l a roll b kelw b c    light b d   light a b now by stat W c which have be hold to apply to writ of  error the writ do not abate by the death of one of several plaintiff Vid Tidds  practice that edition e   light a c Vid send for leigh v Bargany cro James  Spenser v uvoodward Yelv Middleton v Crofts Andrews f   light a   b Cr  Elizabeth a coke report b er p other in hearing complaint but there shall be  summons and severance e severance notam reader summons and severance be always  before appearance and g nonsuit after appearance where the severance be  without process c e ass p