case knight against burton a award that jointtenants shall make partition by  mutual conveyance be good although it do not point out what part each of the  party be to have SC salk debt upon bind condition for performance of a award  which be set forth and a breach assign and upon demurrer Parker take exception  first that the award recite that the party be jointtenants of such land and  order that they shall make partition by mutual conveyance this be say to be  uncertain and not make a end of the matter show what moiety or part the one  shall have and what the other to which it be answer and resolve that it be  well enough for as they be jointtenants before they will now become tenant in  common second it be object that can not be for it be further award that the  one shall have One half parten sive center point which show they intend  somewhat more than a tenancy in common but leave it uncertain for dimid pars  be a moiety in certainty and center point be a moiety uncertain and in this  very award they in other matter use center point for a moiety in certainty as  center point of the profit of such a ship to be deliver which be to be  understand of a moiety divide for otherwise it can not be deliver but per  curian dimid pars or center point shall be respective take for moiety divide  or undivided secundum to throw under means as center point of a thing to be  deliver shall be understand a divide moiety because it can be deliver except  it be divide so dimid pars if it be such a thing as can be reduce to a divide  moiety shall be understand a moiety undivided as in dower if a woman demand  tertian parten and it be of such a thing as be capable of have a three part  divide make of it it shall be so but if it be of a three part of land of  tenant in common mill c it must be a three part undivided modern three it be  object that they award money to be pay which of their own show upon the face  of the award do not appear to be due for it be whereas so much money have be  disburse by the one party as be allege so that though if they have say whereas  so much money have be disburse it will be intend that it appear to they to  have be so yet when they go far and say as be allege they take away such  intendment for they show their certainty of it be only because it be allege  which may be without any proof or allegation by any person whatever modern er  p but it be resolve that allege shall be understand as allege and not  controvert or disprove by the other side fourthly it be object that it be  award that a suit between the party in chancery shall be dismiss which as be  urge be ill for that a award ought to be final and that a suit in chancery may  be dismiss upon payment of cost so as the party may begin again indeed if the  dismiss be absolute it be final but if it be dismiss as be frequent do there  without prejudice the party may begin again and therefore a award of dismiss a  suit in chancery be uncertain and not final but be like the award that one of  the party in a suit at law be nonsuit which be void but per curian it be true  a award that one of the party be nonsuit be void for that be not final but  when a award be that a suit commence be dismiss that must be understand that  it shall be dismiss and cease for ever that be a substantial dismission and  cesser and not the shadow of one as if the condition of a bind be to deliver  up another bind by such a day to be cancel and the obligee before the day put  the first bind in suit and obtain judgement thereupon and at the day tender it  to be cancel accord to the letter of the condition of the second obligation  yet his obligation be forfeit the word dismiss here be put in Latin to send  different ways with a England to discharge and to discharge a suit be to  release it and therefore final if a action be depend upon a bind and puis  darrein continuance the plaintiff release the action that release the duty  beside this award be that what be award of the other side shall be in full of  all debt and demand then due and owe and the word demand extend to all thing  that the one party have a right to demand or exact of the other at the time of  the submission and the word due and owe do not qualify or restrain it to a  debt or other special demand that be more strict speak a duty for whatever a  man have a right to demand of another may well be say to be due and owe from  the other to he so it may extend to a right of entry into land to a suit for  partition c note this be agree to be a state rule in award that be say to be  de et sup send ahead or forward that if the word use in they be in their own  nature more comprehensive and so extensive to thing not within the submission  yet they shall be intend that there be no other matter between the party for  they to lie bold on but what be submit if the contrary be not show so e  turning if the word be more narrow and less comprehensive than to take in all  the modern matter of submission yet it shall be intend that no more be in  controversy than what the word natural comprehend if the contrary be not  likewise show and judgement nisi be give for the plaintiff by the whole court