case GOODTITLE vers BRADBURNE all in c b whether a husband seize joint with  his wife can without her make a good tenant to the precipe cruise on Rec this  be a action of ejectment on the demise of Isaac colman and on the general  issue plead a special verdict be find to this effect comens er p Richard Lowth  seize in fee convey to Robert colman and mary his wife and to the heir of the  body of Robert colman on the body of mary his wife to be beget and for want of  such issue to the heir of the survivor comens by a indenture of lease and  release Robert colman without his wife convey to Edward Haberfield and his  heir to make he tenant to the precipe on which a recovery be suffer and be  declare to the use of Robert colman and his heir Robert colman die without  issue his wife survive Isaac colman his son and heir by a former wife after  the death of mary his wife claim as heir to Robert colman and bring his  ejectment against those who claim as heir to mary the wife who be the survivor  sergeant Eyre insist that this recovery be good to vest the estate in the  husband and his heir and prevent the take of the heir of the survivor and this  depend upon this question whether the husband alone can make a good tenant to  the precipe it be plain if the husband be seize in the right of his wife he by  bargain and sale may make a good tenant to the precipe roll Abr if the husband  be jointtenant with his wife and levy a fine that make a good tenant to the  precipe so it be hold in Cupledykes case   more roll Abr sergeant Belfield  contra I admit the case which say a man seize in right of his wife may make a  tenant to the precipe but here the husband be not seize in right of his wife  but both be equal seize for they take by entireties therefore in such a case  the husband alone can make a tenant to the precipe and so it be resolve in the  case of Owen and Morgan   more and this case be to the same effect in the  reason of it side lev so it be resolve in salk but it be adjourn