case house against laxton in ejectment the lease shall he intend to he deliver  on the day of the demise and if the defendant plead a title in a who be seize  by the plaintiff or his lessor and afterward reenter the plaintiff may  traverse the seize without make a title at large to himself or his lessor ante  roll ab Poph run ej Bac ab ejection firmce of a lease from sergeant heal and  declare that he that Jan Elizabeth by indenture date d Jan demise c the  defendant plead that long time before the lessor of the plaintiff have any  thing the queen be seize in fee and by her letter patent convey it to one t  who let it to the defendant for year whereby he be possess until the lessor of  the plaintiff enter and expel he and seize t and let to the plaintiff upon who  he reenter the plaintiff say that his lessor be seize in fee and let to he  prout c without hoe that he seize the say t and thereupon the defendant  demurrer Harris sergeant for the defendant move that the declaration be not  good because it be that he demise that Jan by indenture date d Jan and he d  that not savprimo deliherate that Jan for otherwise it shall he intend to he  deliver the day n Iicreon it bare date and of that opinion be gawdy but all  the other justice hold that notwithstanding the declaration be good for  although a deed shall he intend to he deliver when it hear date unless the  contrary he show yet when it be say that he demise such a day by indenture  date such a day before it be necessary to he intend that it be not deliver the  same day it bare date but on the day of the demise as it be allege second it  be move that this replication be not good without make title to the lessor and  it be not sufficient to say that the lessor be seize in fee and traverse the  seize for when a special title be show in the bar and by that he destroy the  title of the lessor of the plaintiff intend in the count confess that he have  not any estate but by seize he ought to make a special replication thereto and  it be not sufficient to say that he be seize croak Elizabeth in fee for so the  defendant croak Elizabeth er p have confess but he ought to show how he have a  lawful title in fee and by what mean he come thereto and in proof thereof  Henry Henry and Henry be cite the court hold it to be a good replication for  the material matter in the bar allege be the seize for thereby the title of  the lessor of the plaintiff I confess old woman avoid and it suffice the  plaintiff to maintain a lawful seize in fee in the lessor and to traverse that  which destroy his title and he need not make a high title as Elizabeth dyer a  wherefore rule be give that if other cause be not show upon the three dav of  next term judgement shall he enter for the plaintiff tunc pro nunc and  afterward judgement be give accord and affirm in a writ of error