case morgan against vaughan Michaelmas term car roll in dower if the tenant be  a infant and appear by attorney the judgement be erroneous ante a infant be  not estopped to reverse a judgement in dower by assign error by attorney  although it appear on the record that he be a infant when the writ of error be  bring SC Jones SC ray SC skin in dower for land lie in b if error be assign  that the tenant be a infant at a and appear by attorney a issue take on the  nonage be well try in the county of a for it be a issue collateral to the  title to the land SC ray error upon a judgement in dower in the session at  Brecknock the error assign be that he be under age videlicet of the age of  fourteen year and appear by attorney and upon issue of infra lifetime the  trial be in Abergavenny where the tenant be commorant it be argue now that the  judgement shall not be reverse because it appear of the plaintiff own show  that he be under age when he bring his writ of error and at the time of his  assignment of error which he have do by attorney now he say he be then of  fourteen year of age which be not seven year since this be material and though  it be surplusage yet himself shall be bind by it and cite the case of herd v  Baskervill a and hold v wolf b this surplusage must compel we to say the  contrary then here be a mistrial it appear shower KB the land lie in Brecknock  error be bring in Middlesex the tenant be in Abergavenny in which be the  assignment of nonage and the trial be in Abergavenny now the trial ought to  have be where the land lie dower be a real action and a writ of error to  reverse judgement in dower be the same and infancy in such case shall be try  where the land lie c green v rise d and in personal action where the action be  bring otherwise the defendant may be carry any where Mr holt e contra as to  the videlicet that be not any material part of the plea but mere form and if  it be more it will be issuable which it be not for the substance be if he be  within age at the time and not whether he be fourteen year of age c the allege  of a thing not material shall not estop it be a general rule that it do not  destroy the right and a allegation that do not go against the right will never  prejudice as to the trial it be assign for error that a of such a place be  within age which be all one as if say he be commorant in Abergavenny this be a  writ of error on a judgement in dower whether infant or not be collateral to  the title of the land videlicet dower if the right of the land depend upon  infancy it must be try where the land lie but otherwise if the right be not c  Fitzherbert Bulst the Lord chief justice at first say that where infancy be  allege general without a venue it must be where the land lie but where a  special venue be lie it may be try there Jones justice take a difference where  the defendant plead a release and the plaintiff reply within age there it need  not be try where the land lie the Lord chief justice as to the videlicet if  that be of a thing which be impossible it be no conclusion or estoppel and it  will be hard to make it so in this case and at last the whole court resolve  the trial be well enough and a rule for reversal of the first judgement in the  grand session nisi c a hob   b palm c ante roll Abr d cro Elizabeth shower KB  er p