coal against the TERTENANTS OF skinner mich car rot ante ejectment Siderf  administrator of lessee in ejectment bring a know fa against the tertenants of  the defendant in ejectment name they particular and suppose the defendant to  be dead Keble which per winnington be ill and this the first since this new  course of Keble er p ejectment wherein the lessor of the plaintiff the lessee  be principal concern albeit it be quare execution possession to have non debet  and be not bring for the damage yet it be to take a term out of the freehold  of the defendant and his heir be not name who may convey before or plead a  release make to he more Cr Michael against Crofts upon a fine the tertenants  can plead that there be other tertenants not name but on a judgement or  wherever aid or contribution be to be have Elizabeth dyer b all must be name  master ad idem a term may be recover out of a term and so the executor shall  have be party also it be against several person be tertenants and do not say  as   Entr raze Entr that the tertenants enter after the plaintiff recovery  powis pro plaintiff this know fa be good for the death of the plaintiff make  nothing in the case this be good in the name of the lessor or lessee also of  the defendant for the land be bind by the judgement also here be but a term  claim it be sufficient without name the heir for special nontenure be not here  pleadable as Edward h where a freehold be demand as on a know fa againsta  lessee of a recognizor and herewith agree   Entr hatch case Haydons case and  Brownlow so upon a judgement statute c Jones ad idem albeit there be no  precedent yet it be as congruous to have this remedy as in any case in that  here be a judgement the law will be vain if here shall be no fruit of it and  the question be not whether all the tertenants shall be name but if all be not  some must come in and show it and the heir in this case must come in as a  tertenant and not as heir for albeit the heir in a real action may be bring in  by reason of warranty yet here can be no voucher nor only a term to be recover  Cr pl Eyre against in which case he need not be name and the occasion of this  know fa be the be hang up long by writ of error in the exchequer Windam say in  dyer case and in the chancery the other day in one stonhouses case ex duty  curiae a know fa be award against the heir but in both case resolve that the  heir be Chargeable as tertenant and therefore need not be name and the lessor  as the law be now settle may have error or trespass for the mesne profit and  the recovery against the first lessee be not pleadable so far the law take  notice that he be but a nominable person which Twisden agree and that the  tertenants may plead any bar or release as the heir may Keeling say the heir  do appear as have a Keble interest in the land but if the heir have the  reversion only after tenant for life he will have loss if the tenant for life  do not pray he in aid this make he doubt but be incline it may lie and the  ejectment be a seize therefore no know fa can be against the executor Moreton  ad idem and a know fa award per totan curian