clxxii lee and Lovedays case tenant in tail lease for year and afterward levy  a fine to lee and Loveday sur conusans de law come Ceo c and their heir in fee  and afterward the lord of the manor of who the land be hold bring a writ of  disceit and upon that a to know facias against the conusees suppose the land  to be ancient demesne the defendant make default by which the fine be annul  and now the issue in tail enter upon the lessee for year and be bring a  ejection firm and it be find that the land be frankfee and the sole question  be if by the reversal of the fine by the writ of disceit without sue a to know  facias against the tertenant shall bind he Atkinson it shall not bind the  lessee for year for a fine may bind in part and in part not as bind one of the  conusees and not the other as h a fine levy of land part ancient demesne and  part at the Leonard er p commonlaw and by a writ of disceit the fine be  reverse in part sure as to the land in ancient demesne and stand in force for  the residue see h and there by the award of the court issue a to know facias  against the tertenant and the justice will not admit of the fine without  certificate that the land be ancient demesne notwithstanding that the  defendant have confess it but as to those which be party to the fine the fine  be become void between the party and he who have the land before may enter see  e and it will be a great inconvenience if no to know facias or other process  shall be award against the tertenant for he shall be dispossess and  disenherited without privity or notice of it whereas upon a to know facias he  may plead matter of discharge in bar of the writ of disceit release c which  see Fitzherbert no Br and so although that the fine be reverse yet he may  retain the land and be resemble the same to the case of h in a contra form  comparison against a abbot a to know facias shall issue forth against the  feoff and by the same reason here in this case and for the principal matter he  conceive that the fine shall be award between the party but not against the  lessee Kingsmill conceive that a to know facias bring against the party only  be good enough for they be party to the disceit and hot the tertenants c it be  adjourn