case ALLEWAY against rowden Michaelmas term car roll or a demurrer will lie to  a challenge of the array or a issue may be take on the fact allege error on a  judgement in Ireland in ejectment there the declaration be upon a demise from  the lady Conway and a verdict and judgement there for the plaintiff the error  assign by Mr pollexfen be that on the trial there be a demurrer to the  challenge to the array whereas there ought to have be issue join shower KB and  try the defendant there challenge the array for that the lady Conway be a  countess there be the lessor of the plaintiff and that ejectment be bring to  try her title and she do bear the cost of the suit and prosecute the same and  that the sheriff have make that array nullo soldier in eoden existent  retornato and this he say be a good challenge and for that cite the case of  Eyre v banister a where consanguinity in the lessor of the plaintiff be allow  a good challenge in ejectment and after much debate by Mr pollexfen and Mr  holt for the plaintiff in the writ of error and Mr attorney Mr solicitor and  Pemberton sergeant for the defendant the court resolve first that a defendant  may take advantage of two knight not be return as well as the plaintiff  notwithstanding the opinion in dyer b second that it may be in ejectment as  well as any other action for now a day d yearbook Henry pl a e this case be  move again in Michaelmas term James and judgement give for the plaintiff that  the to know facias well lie SC post against the pledge SC Mod for as the party  be in the court by removal of the record so be the pledge SC comb the same  point be determine in the case of honeyed wine v sheer fort and it seem there  be no difference whether the replevin be by plaint or by writ for the sheriff  before he grant the one or execute the other be bind to take pledge de pro and  de retorno to have pale yellow fill again edit see also Jones cro car comy Rep  and Geo c a more b see now the Geo c hawk p c c S shower KB er p we take  notice of the plaintiff lessor as sole virtual and real plaintiff and the  other be but nominal and it appear upon record to be the lady conway demise  but three they hold that the demurrer be well enough for they general say  nullo soldier retornato be not good for the venire be tam soldier how  elsewhere and the sheriff have return two man knight and if they be not such  you ought to have say that the two man be not real knight and so you may have  try it but now here be two return and that be well enough fourthly another  exception be take that the lease be make after the bill file which be of  Michaelmas term general that be the first day and the demise be the thirty day  of October but it be answer by Pemberton sergeant that that be a mistake for  the term begin not till the six of November and the judgement be affirm