arnold plaintiff against BRIDGOOD defendant enter Hillar James b r rot in a  action of debt upon the statute of e cap for not set out of tithe a verdict be  give for the plaintiff it be move in arrest of judgement that the declaration  be not good that the plaintiff in his declaration have set forth no good title  to enable he to have the tithe and for this the case appear to be that a be  possess of a lease for tithe in the right of his wife as executrix to her  former husband make a grant under which the plaintiff claim in this manner S  he grant totum law distinction interest svan de in Decimus preceding whereas  he have no right but in the right of his wife who have the same as executrix  of her former husband and so it be urge that this lease by the word of this  grant do not pass upon the book of e fol if a executor do grant to another in  all respects good svan those good which he have as executor do not pass and by  h fol if a man grant to another in all respects good svan those which he have  in his own right joint with another or several in himself do pass but not  those which he have as executor to another so here in this principal case he  have this in right of his wife and she as executrix and so by these word good  svan the same do not pass it be also urge that this action be ground upon the  statute and therefore he ought strict to pursue the statute and so ought in  his declaration to have show how he come to be proprietor and possessor of the  tithe and this he ought to have set forth in the forefront of his declaration  which he have not do and for this OnliSSion the declaration be not good it be  answer for the plaintiff that the declaration be good and a good title set  forth to the plaintiff if a man be possess of a term in right of his wife as  executrix and be grant totum law distinction and interest svan in the term by  the word svan the lease do pass if he grant hoc individuum which he have as  executor Bulstrode as this horse this cow or the like the same do well pass  for the same belong to he in property and interest and he have good power to  make a disposition of the same and here he name the thing which he grant S all  his interest in the term which he have in the right of his wife and this shall  well pass and the book of e fol do warrant this that if he grant hoc  individuum and name it this be good and as to the objection make that the  abbot of Milton be seize simul semel of the farm and tithe and so the same  discharge and by the dissolution come unto the crown discharge to this be  answer that this be not so for the abbot have before make a lease and so not  in his hand and it be express find that army dimission predicta and lessee do  enter and so not to be intend as be also object that he enter before the lease  begin and so not to be in as a termer but as a seize upon the book of e dyer  fol Clifford case it be here find that he do enter army dimission which must  be after the lease begin and so the abbot not seize simul semel of the farm  and tithe as to another objection out of the proviso in the statute for  dissolution that all lease make by the abbot within a year of the dissolution  shall be void and this lease pretend to be so and so void as to this the same  be no objection to hurt the plaintiff title here for the issue here onIV be  whether he be discharge of tithe or not and the jury have give their verdict  direct that there be no discharge of tithe of this at the time of the  dissolution and this lease be but as a inducement to the title of the  Bulstrode er p plaintiff and if there be here any mispleading or mistrial now  after a verdict all be help and aid by the statute of h cap and Elizabeth cap  and so the plaintiff title hold good Haughton justice if there be matter show  afterward to the court that he be the proprietor this be sufficient dodderidge  justice agree herein that if after it appear that he be the proprietor this be  sufficient without make to himself any other title hereupon man secondary  inform the court thatit have be diverse time so here adjudge dodderidge  justice if one be to recover any thing as a executor there he ought at the  first to name himself executor but this be not so here in this principal case  here he grant totum law distinction interest svan in Decimus preceding and  this be all one as if he have name the same special in his grant and so the  grant good and the same do well pass Haughton justice agree herein croak  justice the grant be good where he specify the thing in his grant as that he  be possess of the term in the right of his wife as executrix and grant totum  law interest in this this grant be good for be have law to place here and  there in the same which he hold in the right of his wife and when he grant his  interest therein this be good Haughton justice agree herein he grant here  totum law in Decimus preceding this be good and sufficient to carry the same  dodderidge justice this word suum do import a property which do consist in  possession and in disposition the husband have all chattel real as in right of  his wife but he have law to place here and there of these if he release to one  all action which he have or may have all action which he have as executor be  by this go and release also Haughton justice here in this case be have in his  grant pecified all his title and interest in Decimus preceding this be as full  as can be and can not be more certain name and express and so the whole court  all agree clear in this that the grant be good and that by this grant the  lease he have of the tithe in the right of his wife do pass but no judgement  give at thistime herein but the same be adjourn unto another time afterward  boundary mich two James b r this matter be move again and the book of e fol  plea cite where the writ be to think over fac speech in come tuo inter r  executor will a b defend de in above Self r cap the same exception take that  there be a repugnancy in the writ for by the name of executor the property of  the boef be suppose to be to the testator and by other word after in the writ  de in above Self r the property be suppose to be in r and so judgement demand  of the writ this there hold to be no exception Bulstrode but the writ award to  be good so in this case here where the husband uva possess of a lease of tithe  in right of his wife and grant totum position suum in the same this shall pass  the right which he have in the right of his wife and this be so agree by the  whole court dodderidge justice there be express authority in point that where  a man be possess of a lease in right of his wife and grant totum position suum  this be good and will well pass the same and the judge be all clear of opinion  that by these word in the grant the right and interest he have in right of his  wife do pass and as to the exception take that a imperfect issue be join and  so void but rule b the whole court that all mistrials be aid by the statute of  h cap and Elizabeth cap and not to be quash after verdict note that this  matter on another day be move again and by coke chief justice the law by the  intermarriage give all chattel personal to the husband which his wife have in  her own right otherwise it be of chattel real if he do not actual dispose of  they as he may well do if tenant for life make a lease for year in plead say  army pron  interrog  he be possess this be good plead without any averment of  the life of tenant for life for the law here say that he be live when it be  plead quod possessionatus to be and this be very clear dodderidge justice if a  rectory be lease for year be may well say possessionatus but yet he can take  no profitsbefore harvest as to the exception take that he do not here show  that he be proprietor as to this the lease be see and it be plead that by  force of which he be possess and so continue this be clear good and the whole  court agree with he herein also it have be object that there be a discharge of  tithe by a suppose unity of possession in the hand of the abbot before the  dissolution and at the time of the dissolution and for this the point be that  the abbot a year before the dissolution do make the lease for year and the  whole court agree clear in this that this shall be no discharge of the tithe  notwithstanding that Bulstrode er p the lease be make void by the statute the  word from henceforth and no unity of possession be in the abbot no discharge  shall be of the tithe and this by the whole court otherwise it will have be if  there have be a absolute nullity of the lease ab beginning but it be not so  here croak chief justice we ought to favour tithe and suit for they as much as  we may and the plaintiff here have a good title and so by the rule of the  whole court judgement be give and so enter for the plaintiff