case humphrey SMALWOOD richard coal and the sale against the bishop OF  Coventry and marsh Michaelmas term pound Elizabeth in the common plea easter  term Elizabeth roll a grant of a next avoidance be good against the bishop who  grant it but not against his successor and executor may bring a quare edit oi  it and a presentment by the bishop for six month before it be bring be not a  plenarty within the statute of Westminster ante post   roll Abr   light cro  car Inst     I and Mod Mod Bac Abr term Rep quare hinder bring by the  plaintiff as executor of John sale for the arch deaclonry of Derby which be  abate Trin elik a and be now revive and three question be now move first the  plaintids do count of a grant of the next avoidance make to their testator  Elizabeth by the dow bishop the defendant and make their title by it if this  grant he a good grant within the Elizabeth c a and a ante croak Elizabeth er p  if it he be not good if it be void against the bishop himself or only voidable  by the successor and not by he that grant it?Second if the executor may  maintain a action for a disturbance make to their testator by the equity of  the Edward c which give action for good take in the time of the testator?Third  the bishop defendant plead a presentment by himself as patron and ordinary of  marsh the other defendant and that he be institute and induct for six month  before the action bring and so plead plenarty if this be a plenarty within the  statute of west AAfter argument by the sergeant the justice resolve for the  plaintiffs First that this grant be good against the bishop that grant it for  the statute be not make for his benefit but for the benefit of his successor  that he shall not he prejudice by the act of his successor but the that hold  that a grant of the proand eine avoidance be within the Elizabeth c and bis  successor may avoid it second that this action be within the equiV of Edward c  for it be a chattel that shall go to the executor if the disturbance have not  been and for a disturbance in their own time they shall recover damage to the  use of the testator by the same reason for a disturbance in the time of their  testator they shall recover damage by the equity of the Edward c croak  Elizabeth three they all hold that this be not a plenarty within the statute  of west for it must he ex prcesentatione non ex collation and the plaintiff  have judgement