case sir John watts sir thomas low and John lee against george OGNELL see  Nicholls v sander lr c p Glyn mill   v east west India dock   App Cas in debt  for rend by the cognizees of a fine if the defendant plead entry and expulsion  by the cognizees before the fine levy a issue join thereon be a immaterial  issue but it be aid after verdict by Henry c post ante cro Elizabeth   Yelv b  r h Com dig Cowp dougl the omission of aforesaid supply by intendment in debt  for rend by the assignee of a fine levy to their use it be not necessary to  allege in the declaration that the lessee attorned or that he have any notice  of the use limit but he be not bind to pay without notice and if he have pay  to the ancient lessor he may plead it where attornment not necessary in debt  for rend under a lease army pron  interrog  they be possess it shall be intend  they be possess at the time of the action debt for seven hundred and fifty  pound and count that sir Thomas lee be seize in fee of the manor of Billesby  and the second of October Elizabeth let it to George Ognell for ten year  render two hundred and fifty pound ayear at the annunciation and Michaelmas  and that George Ognell enter and be possess the reversion over to the say sir  Thomas lee and his heir expectant and he be so seize a fine be levy in Hillary  term Elizabeth between the aforesaid Johan Watts et Thom low querent et Thom  lee et Mariam wife he deforcientes de manner de Billesby sur conusance de law  come Ceo c which fine be to the use of the say sir John Watts sir Thomas low  and the say John lee for nine year and afterward of croak James er p part  thereof to the use of sir Thomas lee and his wife for their life with diverse  remainder over and for other part thereof to the use of sir Thomas lee for  life with diverse remainder over and for three year arrear at the annunciation  last pass the action be bring for the seven hundred and fifty pound the  defendant plead entry and expulsion by sir Thomas lee before the fine levy  issue be take thereupon and find for the plaintiff it be now move in arrest of  judgement first that the issue be not well join for it be upon a entry and  expulsion before the fine levy which be not material for it be allege that the  lessee be possess and sir Thomas lee seize of the reversion a fine be levy so  be possess at the time of the fine although he be expulse before it be not  material say non allocatur for be false allege and find against he it be not  to be dispute whether he be oust or not for it be a issue join and so within  the statute of Henry c second it be move that the declaration be ill for the  fine be not allege to be levy of the say manor nor by the say sir Thomas lee  for he do not say predict manor nor predict sir Thomas lee and it may be  between a stranger and of another manor say non allocatur for it shall be  intend the same lessor and the same manor be name before in the same  declaration et non to let down plurality but be one same name shall be intend  one same person as Henry pl b three the declaration be not good because it be  not allege that the lessee upon this grant by fine attorned nor that he have  any notice of the use limit for otherwise he be not Chargeable for the rend in  debt bring against croak throw he for it be say if a fine be levy to a use  beneficiary and use shall know without attornment a because he have not any  remedy to compel the lessee to attorn yet the use be limit to the conusee  himself as in this case it be he have mean to have a attornment before the  fine ingross therefore he shall not avow without attornment and if it may be  without attornment yet notice ought to be give to the lessee for otherwise he  shall be at mischief for the use may be limit and he not have cognizance  thereof may peradventure pay his rend to his ancient lessor and therefore it  be not reason he shall be charge without notice give to he which ought to be  show in the declaration b and for proof hereof the opinion of Popham   be cite  and of this point the court doubt but afterward they resolve that the action  be well bring and he need not show any notice in the declaration for in no  declaration in a avowry notice be show but they agree that the lessee be not  bind to pay without notice and if he have pay it to his ancient lessor it be a  good excuse for he and he may plead it and if he have not pay it the action  give he notice to pay it to the grantee and then he be Chargeable for all  which be not pay it be also hold that the conusors themselves and a stranger  videlicet John lee be beneficiary and use they take by the limitation of the  use and be jointtenants of that reversion and therefore they all shall have  the action without attornment fourthly it be allege army pron  interrog  they  be possessionati of the reversion and it be not show they be possess at the  time of the action say non allocatur for be allege that they be possess and  the term be not expire by effluxion of time it shall be intend they be yet  possess unless the contrary be shewil wherefore it be adjudge for the  plaintiff a see Ann c and Geo c by which the necessity of attornment be take  away b see birch v wright to Rep croak James er p