Burridge vers the earl OF sussex and other Wednesday October land in ken be  prima fancy to be presume gavelkind a inquisition post death be good evidence  of any deed it find in haec word the plaintiff bring a ejectment for land in  Cheveley c in ken upon the demise of mrs Leonard three daughter of Henry  Leonard late brother of the earl of Sussex on not guilty plead the cause this  day come to be try at the queen bench bar and the lessors c make a title to a  moiety of the land in question Lord Raymond er p as the plaintiff have declare  as heir of the body of Richard Lord Dacre under a settlement make by he in  king James the first be time the land be of the nature of gavelkind to the  other moiety whereof the earl of Sussex be admit by the plaintiff to be  entitle for Richard Lord Dacre who make the settlement bad issue Francis Lord  Dacre and Francis Lord Dacre have issue the present earl of Sussex Francis and  Henry the father of the lessors c and Francis the brother of Henry be dead  without issue and first it be resolve by the whole court that the land lie in  ken shall be presume prima fancy to be of the nature of gavelkind without far  proof that be the general tenure of that county and that the proof must lie  upon the other side to prove they disgavelled then the counsel produce a  inquisition take post death of Richard ford Dacre car wherein the deed be find  in haec word whereby the general tail be create under which the lessors of the  plaintiff claim and it be a deed whereby Richard Lord Dacre covenant to stand  seize to the use of himself for life and afterward to the use of such wife as  he shall marry and after to Francis his old son and heir apparent who be  afterward Francis Lord Dacre grandfather of the lessors c and the heir of his  body Richard Lord Dacre do afterward marry Dorothy to who a estate for life by  a subsequent deed be limit and she enjoy it during her life the original  inquisition itself with the writ annex Lord Raymond to it be produced being  bring from the roll chapel and it be object by sir Edward Northey for the  defendant that it be not sufficient evidence to prove the deed but it be  resolve by the whole court that it be good evidence and do prove the deed and  entail and consequent a title in the lessors of the plaintiff take the land  not to be disgavelled but then the defendant give evidence that the land be  disgavelled very clear evidence as to all but one farm of per annum and as to  that though their evidence be defective yet be leave to the jury they give a  verdict for the whole for the defendant Raymond one of the counsel for the  plaintiff