coke b morris case pasch Elizabeth in the common plea if there be two  jointtenants with warranty and partition be make between they by judgement in  a writ of partition to make by force of the stat h c the coke report a er p  warranty remain but if they have make partition by deed by consent after the  say Act the warranty have be go since the stat jointtenants be compellable to  make partition by writ nevertheless they may make partition by the commonlaw  two jointtenants with warranty the one seize the other the disseizee bring  assize and on phis prayer have judgement to recover in severalty the warranty  be go but query de hoc and whether judgement can be give to hold in severalty  between smith and morris the case be such two jointtenants be with warranty  and partition be make between they by judgement in a writ of partition to make  a Vid Mr hargrave note   Litt a a by force of the statute of a Beol pl godb pl    Ent Rastals Ent hob   light a a Bulst cro Elizabeth die pl a h cap and it be  adjudge that the warranty remain because by the king writ they be compellable  by the statute to which every one be party to make partition and the party  have pursue his remedy accord to the Act and therefore none can have wrong by  the operation of the statute to which every one be party but if they have make  partition by deed by consent after the say Act although they be compellable by  writ to make partition yet forasmuch as they have not pursue the statute to  make partition by writ therefore such partition do remain at the commonlaw and  by consequence the b hob   light b a kelw b more b warranty be go as it be  agree in e title warranty and it be resolve that after the say statute  although now jointtenants be compellable to make partition by writ as  coparceners be yet they may not make partition by c roll   light a b and die  pl pl godb more Leon cro Elizabeth light sect e a c parole as coparceners may  by the commonlaw and the reason be because the statute do not extend to any  partition but by a writ de partition faciendd only but leaves all other  partition as they be before d   light a Br Jointtenants Br share d and it be  say if there be two jointtenants with warranty and the one seize the other and  the disseizee bring a assize and on his prayer have judgement to recover in  severalty in this case the warranty be go for although he have partition by  judgement yet he who be bind by the warranty be not party or privy or consent  to it as he be when the partition be make by force of the Act of parliament  coke a note reader although some book be that judgement shall be give to hold  in e h a e severalty in the case of jointtenants as e king ass p yet I  conceive it will be hard in law to maintain the judgement for the plaintiff in  assize ought to recover accord to f   light b h b e b Hussey e b per candish e  e b per Wilby ass e a f his plaint and that be of nothing in several he ought  to recover in the assize by view of the recoguitors and they have not the view  of anything in severalty it will be to the plaintiff prejudice as well for the  survivor as for warranty and the like and therewith agree ass p where the case  be adjudge not upon any opinion at the assize but upon adjournment into the  common plea and there adjudge that the plaintiff shall recover general  although the plaintiff himself pray that the judgement may be that he shall  hold in severalty for the prayer of the party will not alter the judgement of  the law in such case b so also in the case of a plea in bar the party may have  a right judgement upon a wrong prayer otherwise in a plea in abatement king v  shake east Attwood v Davis barn Ald king v tailor barn Cress SC dow Ryl b coke  report a er p