carew and his wife against marsh in assize the tenant may plead a lease for  year by a stranger and sa eins sans tort without give colour to the plaintiff  nun but tenant of the freehold can plead in bar lease for year in the county  of a of land in a and in the county of b will pass both but of a freehold  there must be livery in both in assize by Carew and his wife against marsh of  a freehold in SouthMymmes the plaint be of one message forty acre of land  forty acre of meadow one hundred acre of pasture and thirty acre of wood with  the appurtenance the defendant plead a lease for year make by a stranger S  fortescue to he by indenture make at SouthMymmes aforesaid by the name of one  capital message call bark in NorthMymmes in the county of Hertford and of all  those land tenement meadow pasture and other his hereditament which be  heretofore demise occupy or go with the aforesaid capital message call b and  which be late in the tenure or occupation of I p or his assign and conclude  with a assign eins sans tori and a averment that the tenement in the plaint be  demise occupy or go with the say capital message and late in the tenure and  occupation of the say I p or his assign c and upon this plea the plaintiff  demurrer in law and it be move that the plea be not good without give colour  to the plaintiff through fortescue because it acknowledge no reversion in the  plaintiff wherefore c yet where this because the plea be no bar to the assize  for he shall not say assisa non where he do not plead as tenant of the  freehold c but by the name here it be not well plead for the principal message  be in a different county from the land in the plaint yet all the justice agree  that by the lease and contract above for year the land in both county will  pass to the lessee otherwise dyer will it be of a estate of freehold where  livery of seize must be make but the better form of plead will have be that  one I fortescue be seize as well of the aforesaid tenement put in view c as of  one capital message call bark in NorthMymmes in the county of Hertford in his  demesne as of fee and be so seize thereof demise c by the name c a by g c no  challenge shall be allow for want of a knight on the panel dyer b er p