Blackstone plaintiff against martin and wife defendant enter Termin Trin car b  r rot a to know facias latch Benl l Jones Rep in a to know facias in the  nature of a hearing complaint the plaintiff show that James sir William  Blackston be seize of land in the manor of d and of other land and he be so  seize James he acknowledge a statute of l that he have part of the land  subject to the execution and be seize of it which be take in execution there  be other land in the hand and possession of the defendant subject to the say  execution and not extend upon this the to know facias here bring in the nature  of a hearing complaint for to be relieve against they by way of contribution  this writ direct to the sheriff of Suffolk the plaintiff be a feoff of sir  William Bulstrode er p Blackstone and pray to be restore unto his land and to  the profit of the same and to all which he have lose by this extent thus take  out and lie upon his land the party be at issue upon the seize of the  plaintiff and a verdict find for the plaintiff bank and Davies move diverse  exception in arrest of judgement and show that there be a former to know  facias in this cause and that after verdict judgement be arrest because the  trial be mistake for have this writ out of the chancery and be at issue upon  the seize and this send down out of the chancery to the bishopric of Durham to  be try they fail in this and therefore after verdict judgement be arrest  because the same ought to have be first enter in this court the chancellor to  come with the record and this court to have award the trial upon this a new to  know facias now be bring and in this a trial have be at the last assize by  default for matter now in arrest of judgement it be urge that it appear here  by the plaintiff own show that the statute be acknowledge James and his land  extend that he sue forth a to know facias in the nature of a hearing complaint  by which it do not appear that he be tenant of this and of other land at the  time of the execution sue but he show that he be a feoff of sir William  Blackston the conusor and so pray by this to be relieve whereas he ought to  have show that he be tenant at the time of the execution as appear by e  Fitzherbert title execution plea No contribution to be for the party himself  which acknowledge Bulstrode the statute as it be urge not yet for his feoff  who shall not be in better case than his feoff and by h Fitzherbert execution  plea the heir be not charge as heir but principal as terre tenant and the heir  be not to have contribution as appear coke pars in sir William Harberls case  to the exception take answer be make by Trotman and Bridgeman sergeant for the  plaintiff because he say that he be to hold and it do not appear quande to  hold for that if he be not to hold at the time of the extent he can then have  no to know facias this be in a writ to say breve because remember shortly  describe like onto the writ of to point out quod to let pass in which it be  not needful to show and make expression of all circumstance no more here in  this but for to take this exception the party now come here too late for he  have appear to the to know facias and so by this he have confess he to be to  hold like unto the case Elizabeth dyer fol l where the demandant in a formedon  be estopped by reason of his writ against the tenant he be estopped to say  they be not tenant so here by his appearance to the to know facias he be  estopped to say he be not to hold by h fol Fitzherbert nat short catalog fol  the hearing complaint be in the nature of a complaint in the chancery by  Elizabeth dyer fol this be well return in the chancery if a hearing complaint  and so if a to know facias it be further urge that upon all the part of the  writ take and lie together it shall be take and intend that he be to hold  tempore short catalog this first begin ex heavy complaint this shall be so  intend that he be tenant at the time of the writ otherwise he have no cause to  complain and writ be so call because they be pen brief to contain the  substance of the matter and this be sufficient e f new print and f old print  Termin Trin case in a action of trespass for take of his cattle and detain of  they there this rule be put S when one word may have a double intendment S one  accord to the law and another against the law that intendment shall be take  which be accord to the law and this by a reasonable intendment it be further  urge that here in this case the execution to be minus just ad damnum of the  plaintiff contra law terrc so that by this conclusion he shall be intend to be  a tenant at the time of the execution sue Whitlock justice the writ be to hold  to make known the point be how this shall be intend if to be understand that  he which be only tenant at the time of the writ and not pars show with  reluctance whether we be to intend this to be so this we be not to do if he be  not prejudice by this what remedy be he to have the reason of the hearing  complaint because the burden ought to be equal lie S all to be charge together  which be not pursue here but lie upon he alone Bulstrode er p this appear by  the record to be his grief because that out of this charge some land be omit  and his land take and this be the cause here of his grief and complaint to  hold this be his title because the title of the land and all the subsequent  part of the record show and set forth his grief the precedent be so and so the  to know facias be but admonition no essoin lie in this as in other action in  this non tenure shall not be plead no protection shall be grant in this if  bring by a executor he shall not in this be enforce to show when nec where  judgment to be this be but only admonition a warning and this be the mean to  have the other cause to show if he can why he shall not have his judgement and  the effect of the same and so by this he put all the cause upon the other side  to defend he only show by his writ that he be a person able to have this he  demand nothing at all by it this be only a moan Bulstrode faction to call in  the other party for to answer and he be not to show in this writ all the whole  matter in such precise certainty as it have be object as to the matter object  of discontinuance there be no discontinuance at all in the case for upon view  of the record this be well aid and so in this case judgement ought to be give  for the plaintiff Jones justice agree herein that the plaintiff ought to have  his judgement two exception have be take which be only material as to the  continuance a general continuance in person lord ring but here it be speech c  yet this be good as to the issue the chancery may make the award not to  proceed further there but to deliver the record in b r as to the two exception  take the precedent be to have a to know facias in the chancery or a hearing  complaint in b r or in c b as one of the prothonotaries there year since in a  cause do inform I and then they show precedent to the Lord chancellor to  warrant this f n b and e a to know facias lie where one conusee be charge and  other omit the reason of this because the court which have power to grant  execution may have grant a to know facias as to the other point r Fitzherbert  admeasurement de dower plea guardian in chivalry the second shall not have  this where the guardian assign over it appear that he be to hold he may come  to the land since the extent yet it shall be good upon this reason that a to  know facias and a hearing complaint ought not to be so certain as a  declaration be only a writ to be discharge where the party say to hold it  shall be intend of freehold at the least it be also here say ad damnum which  can be to his damage if he be not to hold at the time of the extent and so  upon the whole matter as this case be judgement ought to be give for the  plaintiff dodderidge justice it be here allege that he be tenant of the land  and that the execution be to his grief and his prayer be to be restore to the  profit of the land from the time of the liberate whether this writ be good or  riot be the question the second point whether he shall have a to know facias  or a hearing complaint a connusor of a statute shall have a to know facias Q h  dyer and there a old book cite here this be a special to know facias for by  this he will not only have the possession but will also be restore unto all  the mean profit at the time of the liberate and it appear not by the record  that he be then tenant this case can be take by intendment for his prayer be  to be restore to the profit of the land from the time of the liberate and to  have this he ought to make it appear upon the record that he be then tenant  otherwise he can have any benefit thereby and this he have not here so do and  it shall be a very strange intendment for to intend one to be tenant of the  land for any long time than he himself say that he be tenant intendment by the  law shall be of probability as for to intend a thing in mitiorem parten but it  be very improbable that he which be tenant this day shall be intend to be  tenant long time before that he himself say he be tenant he have something to  de with the land he say here that he be tenant at the time of the to know  facias as to the other point whether he shall have a to know facias or a  hearing complaint Bulstrode er p this to know facias here be special in the  nature of a hearing complaint this seire facias be good and sufficient for now  the same be return in chancery and be a record of the chancery and therefore  he may well have a to know facias the judgement Bulstrode be there in this  case upon the statute of h when the record be there in the chancery as to the  return this be well there in the chancery for it ought to be to the same court  where he have receive it and there be no discontinuance here in the case in  termin Hillar he pray a imparlance in person speech lord ring until termin  pasch this be true ei to go away so the entry be this be full though the king  die before the day give this be no discontinuance petit freedom interloquend  speech lord king the sole doubt in the case because he say that he be to hold  at the time of the to know facias and by his prayer he will be restore to the  profit from the time of the liberate and so at this time for this cause  judgement ought to be give against the plaintiff crew chief justice the record  be in person lord ring in cancellar a chancery record be complaint a complaint  as to the objection make because he do not say that he be tenant at the time  of the liberate it be good to see the precedent in this how they be the  plaintiff here complain that his land be take in execution by this it be to be  infer that he be in possession at the time of the liberate this the ground of  his complaint that the conusor have more land not extend and his land only  extend also he be here pars show with reluctance and it be here lie to be do  contra law terrae if his land be not so take and extend he have no cause then  to complain and this be a very strong inference out of the record that this be  his land and the defendant here admit he to be tenant and that he be the  person who have cause to complain but he say that he have not any such land it  appear here by the verdict that the land be omit he ought to have the  possession otherwise it can not be take away from he Elizabeth dyer it appear  where he be to have a to know facias and where a hearing complaint when the  record be here by h it be here fix for the principal point because he say that  he be to hold general as to this without any further debate at this time it  rest upon a curian advisare vult and so by the rule of the court this case be  adjourn to a further time for the court to be better satisfy herein but by  crew chief justice the plaintiff ought to have his judgement afterward S  termin Hillar car r b r this matter be move again and argue by the counsel on  both side and by all the judge Whitlock justice this writ be a to know facias  in which the plaintiff show that he be seize of the message and land at the  time of the execution the defendant ought to have show that he be not to hold  he admit he to be to hold and that he be the party grieve but take issue that  Blackstone be not seize of the land tempore performance a to know facias  differ very much from declaration all thing not to be so particularize in a to  know facias and this do accord with the precedent here the defendant have take  issue upon the seize at the time of the recognizance acknowledge the nature of  the to know facias be to turn all upon the defendant as appear by Assissar in  this case forasmuch as the defendant have admit the plaintiff to be the party  grieve and a verdict be find for the plaintiff and no material matter show in  arrest of judgement judgement ought therefore to be give for the plaintiff  Jones justice in this case the plaintiff ought to have his judgement as to the  precedent which have be show they be of no great force and avail in this case  he to who the conusor passes over his land shall be subject to the execution  if one be seize of two acre of land acknowledge a statute afterward he make  two several feoff unto two man the land of one of they be extend he make a  feoff over the title of action shall not be transfer over or translate so it  be of admeasurement of dower Bulstrode as to the objection make because it do  not appear that he be tenant at the time of the liberate agree if the extent  be and before the liberate he make a feoff over his feoff shall have a hearing  complaint he have no cause to complain until the liberate and by this the  wrong do begin Bulstrode er p as to the precedent show they come not home to  this case in question here when he say that he be to hold praemissor this be  but in the nature of a bill in chancery for to have a commission and in this  such precise certainty in every respect be not requisite to be as in  declaration it shall be intend that he be tenant until the contrary be show by  the other party the constant course have be so and this be not to be alter and  there be very much equity in this case for the plaintiff and therefore he  ought to have his judgement dodderidge justice agree now in opinion with they  for the plaintiff the matter rest only upon this word S to hold and do not say  when whether it shall be intend that he be to hold at the time of the  execution sue and so a party grieve by the execution it be sufficient for he  to say that he be tenant at the time of the first writ purchase then the  execution be sue out and the same to his grief I agree that where a lawful  execution be have against the conusor himself that he shall not have a hearing  complaint here it appear by the writ that he be tenant at the time of the  first writ and he shall be intend still so to continue tenant if the contrary  be not show as here it be not and so he be the party grieve have just cause of  complaint and have a verdict find for he upon the matter put in issue and  nothing material move in arrest of judgement therefore in this case judgement  ought to be give for the plaintiff crew chief justice it be here say that he  be to hold messuagij and of the capital message of Blackstones and that Martin  procure one of they to be extend minus just contra law terrae Blackstone upon  this bring this heavy complaint the objection which have be make be of great  force if I can deliver ill self of this by example and precedent the objection  be because he do not show quande to hold whether at the time of the execution  if extend in the hand of the feoff his feoff shall not have a hearing  complaint it do not appear here when the liberate be sue out it be object that  he be not tenant at the time but ill all here together and it do well and  sufficient appear Blackstone here have bring this action and it do not appear  that he be tenant at the time of the liberate as it have be object but this do  well appear to be so for he say that this be to his prejudice minus just and  pray to have the profit of his land to he deliver from the time of the  liberate the defendant to this may have answer and say that he be not then  tenant he have not so do but the contrary for he have admit he to be tenant  and that the land be take from he in execution all this be by he admit and  this make for the plaintiff and because that the defendant himself have admit  of this I will not now make this a question whether he be tenant at the time  of the liberate or not as to the precedent I have see diverse of they and I  have also examine the course and usage and I de find the constant course to be  so as here it be in this case one precedent show which be Elizabeth Morley  against Lovet there it be show how he be tenant and that he be tenant at the  time of the liberate and all this there show in certain Elizabeth Dutred  against top in a hearing complaint against a assignee show the seize thus far  seisitus to step out but in modern time S in the time of king James all the  precedent run accord to the precedent of this case now here in question before  we and so upon the whole matter judgement in this case ought to be give for  the plaintiff and so accord to this resolution of the whole court by the rule  of the court judgement be give and so enter for the plaintiff