CCCLXXIX baskervile and the bishop OF Hereford case quare hinder averment in a  quare hinder by Walter baskervile against the bishop of Hereford c the  plaintiff count that sir Nicholas Arnold be seize of the advowson as in gross  and grant the same to the say baskervile and other to the use of himself for  life and afterward to the use of Richard Arnold his son in tail proviso that  if the say Leonard er p Nicholas die the say Richard be within age of  twentythree year that then the grantee and their heir shall be seize to they  and their heir until the say Richard have accomplish the say age Nicholas die  Richard be of the age of fourteen year by force of which the grantee be  possess of the say advowson and afterward the church become void and so it  belong to they to present and exception be take to the count because the  plaintiff have not aver the life of Leonard Richard upon who life the interest  of the plaintiff do depend and gawdy sergeant liken it to the case of the  parson which have be adjudge that where the lessee of a parson bring a  ejection strong and it be find for he and in arrest of judgement exception be  take to the declaration because that the life of the parson be not aver and  for that cause judgement be stay Anderson chief justice upon the die of sir  Nicholas rich be but of the age of fourteen year a absoluteinterest for nine  year vest determinable upon the death of Richard or rather they be seize in  fee determinable upon the come of Richard to the age of twentythree year  Rhodes and Windham contrary that here be a interest in the grantee  determinable upon the death of Richard within the term for if Richard die  without issue within the term the remainder be limit over to a stranger and as  to the exception to the count it be argue by puckering sergeant that the count  be good enough for although the life of Richard be not express aver yet such  averment be strong imply and so supply for the count be that speech Nicholas  obit speech Richard be of the age of fourteen year non greater number by force  of which the plaintiff be possess of the say advowson quo indeed such  possessionato existent the church become void and possess he can not be if the  say Richard have not be then alive and the same be as strong as a averment see  e in trespass for break his close the defendant plead that a be seize and do  feoff he to which the plaintiff say that long time before a have anything b be  seize and lease to the say a at will who feoff the defendant upon which b do  reenter and lease to the plaintiff at will by force of which he be possess  until the defendant do the trespass and the same be allow to be a good  replication without aver the life of b who lease to the plaintiff at will for  that be imply by the word I army pron  interrog  the plaintiff be possess  until the defendant do the trespass and see also h in a assize of common the  plaintiff make title that he be seize of a message and of a carve of land to  which he and all those who estate c have have common appendant c and do not  say that he be now seize of the message but this exception be disallow by the  court for seize shall be intend to continue until the contrary be show it be  adjourn dyer a cro   cro pasch Elizabeth in the exchequer