case smith against angel easter term will roll in debt on bind against a heir  if the defendant have no asset by descent except a reversion after a lease for  year and extinction of dower allow by chancery to the ancestor wife the  plaintiff shall have a general judgement de good not common with others  against the defendant SC salk SC ld ray debt by the plaintiff and his wife as  executor of Matthew field against the defendant as son and heir of Justinian  Abel upon several obligation by which the father bind himself and his heir  upon several condition c the defendant confess the action and that the bind be  the deed of his ancestor but say that his father be seize in fee of four part  in six of such a close and of three part in four of another close and of three  part in four of a message and the issue and profit thereof that the say  obligor in his lifetime by his indenture bear date c a counterpart whereof he  produce in court demise the say part and share to Henry greenwood for five  hundred year by virtue whereof he enter and be possess for the land aforesaid  that the father die seize of the reversion which descend to the defendant that  he be thereof seize and that at the time of exhibit the bill or at any time  since he have not any land or tenement by hereditary descent beside the  reversion of the tenement aforesaid that after the death of his father and the  say descent in the nine year of William the three there be a suit in chancery  between Edward Thompson and other and Elizabeth angel wife of the defendant  father and the defendant in which suit it be decree and adjudge in the say  court modern that Elizabeth angel shall have one three part of the premise for  her life for her dower by virtue whereof the say Elizabeth angel be seize of a  three part of the premise for her life and so pray judgement whether he as son  and heir to his father ought to be charge beside the reversion of the term  aforesaid and of the three part whereof the wife be endow when it shall fall  the plaintiff crave oyer of the lease by which it appear that ill  consideration of three hundred pound he have demise the premise for five  hundred year provide that if the father or his executor or administrator pay  fifty pound ayear to Henry greenwood during his life then the estate shall  cease and reply that the defendant after the death of his father enter and be  thereof seize and take the profit beside the three part to his wife which will  be sufficient to pay the fifty pound ayear and so pray judgement the defendant  rejoin and say that he do not enter modus et form and conclude to the country  the plaintiff demurrer holt chief justice deliver the opinion of the court  after several argument at the bar and say it be not doubt but that the  plaintiff ought to have judgement but the question be what judgement ought to  be give he whether a special one to have execution of the land and tenement  mention in the plea or general against he as heir to his ancestor we have  consider both and we be of opinion that there ought to be a general judgement  against the defendant by which his body his good his land which be not asset  may be take in execution two thing be considerable herein modern er p first  the plead of a reversion of a term for year make by his ancestor whether plead  a lease for year be good and Allowable in a defendant sue as heir to his  ancestor and whether that be sufficient to hinder the plaintiff from immediate  execution second whether plead of a assignment of dower to the wife and that  he have a reversion expectant thereupon by court of chancery be good as to the  first the case be this a man by bind oblige himself and his heir to pay so  much money then make a lease for year and die whereby the reversion in fee  descend to his heir the question be whether the heir may modern plead this  lease for year in bar of execution or confess asset without take notice of the  term for year there be indeed some few precedent and I have know it practice  where it be plead but I be not Willing to deliver my opinion as to that point  now because the case do not require it but it seem to I that it shall not be  matter Iying in the mouth of the defendant to plead any such matter for he may  without danger confess that he have asset without take any notice of the lease  to have the freehold and inheritance of the estate descend to he make complete  asset and that he have from his ancestor therefore he have complete asset if  it be a lease for life make by the ancestor and only a reversion in fee  expectant thereupon have descend from the ancestor that will not be asset in  possession but a reversion in fee expectant upon a estate for life and there  he have not a freehold as here he bad but a reversion expectant upon a  freehold beside it appear by the statute of Gloucester and the Henry c that  the commonlaw do not milk regard estate for year for such estate be subject  altogether to the will of he in reversion for if he in reversion bad suffer a  recovery by collusion or default the termor be bind by it and his term be lose  without remedy as appear by the comment of my Lord coke upon that statute Inst    light a even after the statute of Gloucester which give a termor for year  liberty to come and falsify a recovery bad against tenant in reversion again  lease for year become more considerable and yet more precarious because of the  frequency of common recovery which now become a common conveyance the statute  of Henry c become a further remedy for termors yet notwithstanding these  statute it never lie in the mouth of a tenant to a praecipe to plead a lease  for year or to stop execution upon any such plea if a assize be bring against  a tenant for life he can say there be a lease for year precedent to his right  though the tenant for year himself may falsify a recovery against he in  reversion so the same reason hold in this case for the obligation of the  father attach upon the land be asset in the heir hand on a to know facias  ground upon a fine to execute a fine bro Abr asset yearbook Edward pl a  whereby land be convey by grant and render to one and his heir in tail the  tenant plead a warranty of the ancestor of the plaintiff and that asset  descend to he the plaintiff reply that the asset that do descend be extend for  the king debt and it be not hold a good plea because the freehold and  inheritance do descend and modern they be present asset if it be so in the  case of a real lie so as to bind the land in case of warranty sure the same  reason where the heir be charge upon account of asset in a action of debt upon  the lie of the ancestor the book say be may plead a lease for year as to the  value of the asset for asset in a real action be no more than asset be worth  so that if plaintiff be not to have it discharge of the term for year the  reversion be less worth then if it be a good plea the consequence be that a  immediate to stretch out facias do go to appraise the reversion upon  inquisition take and then to deliver it to the plaintiff to enter into it when  it fall in possession as in dyer debt against a heir who plead he have nothing  but a reversion expectant upon a estate for life the plaintiff join with he  and take judgement upon the confession and to have execution when reversion  fall in possession so if this be a good plea the same must be do here in  HernHerns pleader b there be a precedent of this matter there be no mischief  to he in remainder nor to the lessee for he will defend his possession in  ejectment by virtue of his lease but we do not give any conclusive opinion in  this matter modern er p second point the dower to the wife be ill plead for it  be not say that the wife be endow by meet and bind nor that the Lord  chancellor do endow her but that there be a decree in chancery by virtue  whereof she be endow and that be not to be understand for the chancellor have  nothing to do in assign of dower but in case of land hold of the king in  chivalry and the heir be in wardship to the king and in such case when she  come in as his wife and pray to be endow the king title appear on record a  record be necessary to find her title and so a inquisition be take and upon  her be find thereby to be his wife the chancellor use to assign her dower or  to award a commission for it Fitzherbert n b c and this be the legal way for  the wife to recover her dower of land in the king hand by the reason of the  wardship of the heir for as every guardian may assign dower in pais so the  dower in chancery be by the king himself in a judicial and proper manner but  for chancery to decree that the wife shall have such a three part will not  vest a legal interest in her the heir may do it in pursuance to a decree and  when he do the wife be in by virtue of the assignment of the heir and not by  virtue of any decree then if the decree be not a title vest he have confess  asset for he set forth only a reversion depend upon modern a freehold and do  not show there be a freehold and if the assignment of dower be good pro tanto  yet here be two three whereof she be not endow and that be only charge with a  estate for year and that be enough to charge he with a general judgement the  case of Davis v powys Plowden a come home very near to this case in every  respect in debt against a heir if he plead any plea that be not a sufficient  bar if be suffer judgement to go against he by nothing to say or confession it  shall be a general judgement because there be no way for the heir to defend  himself but by set forth the truth what asset he have where they lie and so  open the truth of the case to the plaintiff and let he take what benefit be  can of it and if he do not do this there ought to be a general judgement  against he as well as upon demurrer this authority be murmur at but there be  not a word of it but what be good lawSee SC more cro Elizabeth b if the heir  will confess that he have asset by descent in such and such place beside which  he have no more and the issue be that he have be though be confess enough yet  if more asset be find there shall be a general judgement Leon c in this case  it be not in the power of the court to give a special judgement if the  plaintiff do not desire it for it will be erroneous roll Abr d if it be by  consent of the plaintiff they may give a special judgement but how can we do  so here if it be upon the confession we must allow the plea good that be that  it be a reversion expectant upon a estate for life when it appear that it be  not so if he have plead that he have only a reversion expectant upon a estate  for life and the plaintiff have reply that the tenant be dead or bad surrender  and it be so find by verdict sure there must be a general judgement because he  have plead a false plea in bar of the plaintiff execution and it appear to we  that there never be such a estate for life in be it be of the same effect as  if a verdict have so find it let the plaintiff have a general judgement