case Countess derby versus earl of derby all Nov plaintiff a jointress the  defendant claim under a entail and have recover part of the jointure in  Cheshire and Lancashire bill to have recompense on the eviction on the statute  of h c sect the word of which be provide always that if any such woman be  lawful expulse or evict from her say jointure or from any part thereof without  any fraud or covin by lawful entry action or by discontinuance of her husband  then every such woman shall be endow of as much of the residue of her husband  tenement or hereditament whereof she be before dowable as the same land and  tenement so evict and expulse shall amount or extend unto first question  whether shall take it out of county palatine and direct any trial at law and  until that settle will remove the impediment of the lease for can try it in  the proper county against the earl of Derby the bill in this case be file by  the countess of Derby against the then present earl of Derby the brother of  her late husband and Henrietta maria countess of anglesea and lady Elizabeth  Stanley a infant his coheiress at law state the settlement in consideration of  pound portion and that thereby a power be reserve to the late earl during his  life and after his decease to the plaintiff to lease the settle land for  twentyone year or three life and that fine be afterward levy of the land in  Cheshire and Lancashire and seek to be quiet in the possession of the say  jointure land and that if any part of her say jointure land be defective she  may be recompense for such deficiency out of the rest of the land whereof she  be dowable accord to the stat Henry VIII the defendant the earl of Derby by  his answer insist that the land comprise in the say settlement make by the  late earl of Derby upon the plaintiff in part hereof be by several grant from  the crown and settlement therein also mention and other and by Act of  parliament James grant to the then earl of Derby and the heir male of their  body in tail male which intails be still in force and in he the say defendant  as heir male of his family and as such he claim the same and that the  plaintiff settlement be void as to the manor and land so entail it not be in  the late earl power to bar the same and that he ought not to make any  recompense for any part of the jointure estate which shall be defective for  that he be not heir to the late parliament but claim under the say grant and  settlement make by the crown to his ancestor and entail on the heir male and  that he have recover thereon by several verdict at law and that the defendant  the countess of anglesea and lady Elizabeth Stanley be heir at law to the late  earl and have land descend to they as such and that the plaintiff have possess  herself of great art of the late earl personal estate which vas liable to such  recompense the defendant the countess of anglesea and lady Elizabeth Stanley  admit the settlement and insist that they and the other defendant the earl  ought to contribute proportional to make good the defective jointure to the  plaintiff and the order declare that before the recompense can be consider it  ought to be see what of the say jointureland have be recover by the defendant  the earl of Derby and wherein the plaintiff acquiesce and also what more may  be recover and wherein she will acquiesce and as touch such trial as may he  have for the ascertain thereof whether the same shall be in ejectment in the  county palatine where the land lie or at the bar and all impediment to such  trial remove or upon proper issue to be direct for that purpose his lordship  do reserve the consideration until he shall have be attend with precedent of  what have be do in case of the like nature and in the mean time order all deed  and write relate to the premise in the custody or power of the party to be  produce on oath before the mater Reg lib a fol that Nov afterward that January  the cause come on again to be hear when the court direct a trial at the bar of  the court of common plea some time in easter term then next in Middlesex on  the follow issue saint what be the yearly value of the land limit to the  countess in Cheshire as have be recover or wherein she acquiesce ndly what  other land tenement and hereditament of the late earl of which the say  countess be dowable and what part thereof be in possession of the now earl and  what part be in the possession of the Vernon chancery case er p defendant the  coheir and what be their respective annual value and dly whether certain  common recovery which have be suffer by a ancestor of the late earl that Henry  VIII be duly execute so as to bar the estate tail of the land in the county of  Lancaster comprise in those recovery and likewise whether or no the late earl  of Derby have sufficient power to limit all or any and what part of the land  in question in jointure wherein the title be now remain in dispute in such  manner as the same be limit in jointure or for provision for the say countess  with power of lease in such manner as the same be limit by the say  jointuredeed and the annual value of such part if any as shall be find the  late earl have not power so to settle in which trial the plaintiff the  countess of Derby be to be the plaintiff and the now earl and the coheir of  the late earl be to be the defendant and whereas it may be necessary for the  defendant to give the pedigree of their family in evidence at the say trial it  be therefore by consent order that the defendant do give the pay pedigree to  the plaintiff in a fortnight and that the plaintiff do admit the same at such  trial unless the plaintiff shall within a week after such pedigree shall be so  deliver show unto this court good cause to the contrary Reg lib a fol