case mallet against mallet where a fine be levy of a manor nothing but a real  manor will pass and not a manor by reputation only ante cruise on fine   b a  avowry for rend under a lease make by a tenant in tail for three life must  aver in pursuance of the statute Henry c that the land have be demise and that  it be the ancient rend which have be reserve for the great part of twenty year  next before the make of the lease for otherwise it be not warrant by the  statute and therefore the defect can be cure by any confession in the plead on  the other side ante post   light b I side   Bac ab dougl error of a judgement  in the common plea in replevin the defendant avow for rend for that Hugh  mallet be tenant in tail and let that land for three life render rend and that  this reversion descend unto he as heir in tail wherefore he avow and aver that  at the time of the demise et day before this land be demise c and that this  rend reserve be v hedgehog el antiquity To give back c the plaintiff reply  qubd be et yes be that Hugh mallet be tenant in tail and make the lease prout  c and that by force thereof he be seize of the reversion in tail but he plead  a fine of those land by the name of the manor of NorthPeverton the issue be  nient comprise and thereupon a special verdict be find that this be land late  purchase which with other land be give in tail and reserve suit to the court  of a   a more yely bridge b say vide will mary c S croak Elizabeth er p  NorthPeverton and that this be know by the name of the manor of north Peverton  and afterward a fine be levy thereof by the name of a manor and whether these  land pass or not by the fine be the question and it be adjudge in the common  plea for the avowant that it be not a croak Elizabeth manor and that those  land be not comprise within the fine for it be there hold that by a fine levy  of a manor nothing but a manor in truth shall pass and not a manor in  reputation and this not be a manor in truth nothing pass thereby and error be  bring thereof the matter in law be move for error but the court here clear  hold that this make of the lease can gain it a name to be a manor much less  shall make it to he so and therefore the land can be comprise within the fine  second it be assign for error for that it be allege that the land in tail be  let for three life and if it be not accord to the statute it be a  discontinuance so as the reversion descend to the heir at the commonlaw and  not to the issue in tail for the averment that it be demise former be not  sufficient but it oualit to have be aver that it have be so demise for eleven  year at the least next before the make of this lease the aver also that this  rend be spit et antiquity To give back be not sufficient for it may be the  ancient rend which be twenty or a hundred year since but it you he to have be  aver that it be the ancient rend which have be reserve for the great part of  twenty year next before the lease and of that opinion be all the justice that  these averment be insufficient for these reason for these averment may he true  and yet the circumstance of the statute he not observe and that this have be  good cause to have demurrer upon the avowry but on the other side it be move  that the bar to the avowry be a confession that this lease be make for three  life and that the reversion thereof be entail and descend in tail and it shall  help these imperfection for it shall he then intend to be a lease accord to  the statute and that all circumstance be observe otherwise the reversion can  not he in tail and of that opinion be gawdy and rely upon dyer and therefore  say that if partition he plead hetween jointtenants and it be not plead to he  by deed or if a lease he plead by baron and feme and acceptance of the rend by  the feme and no deed plead which be not good if the plaintiff in the  replication confess they and plead other matter in avoidance of they this make  the bar to be good for it shall he intend to be a lawful partition and lease  Popham agree to those case but he conceive otherwise in the principal case for  the lease here plead appear not to he warrant by the statute and then the  confession of the party shall not help it as where he plead a feoff to the use  of himself and his heir by force whereof he be seize in tail although the  other will confess that he be seize in tail it be a void confession and the  acknowledgement of the party shall never help a matter which appear in law to  be contrary to his confession and of that opinion be Fenner et adjournatur