case west against Monson Hilary term Elizabeth roll a verdictin in a assize be  sufficient if it subjunctive find that the defendant be tenant and seize the  plaintiff although it do not find that the plaintiff be seize of a freehold  for that shall he intend and the word subjoin reject SC Poph roll Abr more  burr Cowp term Rep Cowp error of a judgement in a assize in the county of  Lincoln before gawdy and Owen justice of assize there the assize be against  west who plead nul tenant de franktenement name in the writ and if name there  be not any tort c the jury find that the plaintiff be seize by the defendant  prout in breve to put below nisi word he who disregards involuntate Roherti  Monson which they find in hcec word convey a good estate in the land to the  defendant and thereupon they pray the discretion of the court thereupon  judgement be give for the plaintiff and error thereof bring Yelverton the  first error assign be because the assize do not inquire of the tenancy which  ought to be in every case unless where the assize be take in right of damage  as assize assize Henry pl assize assize assize assize Edward pl and although  the verdict find qubd ipse to be to hold yet because it be not say liheri  tenementi it be not good for so it may be say of a tenant for year or by  elegit and the conclusion prout per breve sup to put down will not help it for  that do not prove he to he tenant the verdict be also imperfect find and then  the point ought also to have be hetter examine by the justice of assize ex  duty as Henry pl be and because they do it not it be erroneous second it be  not find that he be seize of any estate soas he may he seize wherefore c croak  Elizabeth but all the court resolve that in regard there be but one tenant  name in the assize and the jury have find that he dissels ed the  plaintiffprout per breve to put below it be thereby to he intend that the  plaintiff be seize of such a estate which may he seize a and that the  defendant be to he intend always tenant in regard there be not any other name  in the writ who can he tenant but if there have be more defendant name in the  writ then they ought to have inquire of the tenancy and all the justice except  gawdy resolve that the verdict be find for the plaintiff and that which come  after the nisi be imperfect as it be agree clear by all that it be for they  find not that Rohert Monson be at any time seize of nor that he make any will  it be idle and void that land that he may make a will and judgement shall he  give upon the precede verdict as in the case of sir a possession under a  judgement in ejectment can never amount to I seize of the freehold croak  Elizabeth er p Bowland Hayward dyer and the verdict be perfect before that  which come after the nisi be idle and void shall never hurt it but judgement  shall he give upon t he verdict which be good but where that which come after  the nisi be material and be well find the court shall then adjudge as well  upon that as upon and although the verdict be imperfect and the tenant the  residue of the verdict may have pray a certificate of assize to make it more  full so as judgement may in have be give upon the entire verdict yet that need  not he award by the court ex officio but they may well have adjudge upon that  which be find wherefore the judgement be affirm against the opinion of gawdy  gawdy say that he always hold the verdict to he imperfect and that no  judgement ought to be give thereupon but in respect he be inform by Owen his  companion that the opinion of many of the justice upon conference with they be  that the first part of the verdict be perfect and that which come after the  nisi be void and idle and that judgement ought to be give for the plaintiff he  assent thereto yet in his opinion hold that the verdict be imperfect in all  for the jur intend not to find the one part without the other and it isnot a  perfect verdict for it be all in one entire sentence wherefore they ought to  have adjudge upon altogether and so not like to the case in d ver for there be  a absolute verdict give and that which come after be idle wherefore c but  notwithstanding the judgement be affirm croak Elizabeth trinity term Elizabeth  in the common plea sir Edmund Anderson Knt chief justice Thomas Walmsley Esq  Francis Heauniond Esq Thomas Owen Esq justice sir Edward coke Knt  attorneygeneral sir t Fleming Knt solicitor general