case collop against brandon Hilary term car roll to a to know facias against  terretenants to have execution of land a plea in abatement m   light SC roll  Abr n pollexfen in his report of this case say that judgement be give for the  plaintiff Pollexf but this seem to be a mistake for SC t Jones and SC lev  agree that judgement be give for the defendant and pollexfen agree with Jones  that the judgement be afterward affirm in the exchequer Chamber shower KB er p  that there be another terretenant of part of the land be not peremptory and  there shall be a to answer ouster after demurrer to a issue of fact SC Jones  to know facias to receive a judgement the defendant plead a plea in abatement  videlicet that there be another terretenant of part of the land of the conusor  at the time of the writ purchase the plaintiff reply that there be no such  terretenant et de hoc to put down see super native land the defendant demurrer  Weston sergeant come and move for final and peremptory judgement and make a  diversity between a to know facias and a original in this case and cite the  statute of Westminster the second cap in Inst in a to know facias by that  statute there shall not be that solemnity of proceed as in other process nor  shall the tenant or defendant though a stranger to the recovery plead any  thing that prove it erroneous or voidable but only such matter as prove it  void or be a bar of execution he likewise cite Edward pl shower KB and they  have here plead a dilatory plea a and we have tender a issue to they it shall  therefore be peremptory to they b he urge long quint Edward pl that a plea  after the last continuance be peremptory Stoner v Gibson hob sander e contra  where the county be not trouble with the trial of a issue upon a plea in  abatement but there be a demurrer there the defendant may always plead over he  agree it true where there be a plea in bar and afterward a plea in abatement  it be peremptory because it be a waiver of the plea in bar otherwise not Jones  justice remember they of the case of more v Hawkins in Yelv where entry into  parcel after ejectment bring be plead at the assize and hold Allowable and to  be peremptory but this case differ from that Scroggs chief justice say it will  be inconvenient to make this plea peremptory for perhaps the defendant think I  S to be a terretenant but afterward find he to be only lessee for year and  sander aver and in truth it be so that the plea in abatement in long quint  Edward pl be at the nisi prius before the justice there after a former plea in  bar and so it differ from the case at bar and all the court incline to give  judgement that the defendant shall answer over but upon Weston importunity  they concede to advice and look into the book he have cite afterward a to  answer ouster be award see the whole plead in this cause in thesaur narrow  places