case Bateman against allen Trinit term Elizabeth roll a special verdict in  which the jur have omit to find a necessary fact be have pale yellow Eq Rep Ro  Abr Mod a lease by husband and wife may he plead as the lease of both during  the coverture without say it be by deedYely brown cro James   b post Bac ab    Savil dyer b Plowd   a I burrow dougl if a special verdict in ejectment find a  entry on the plaintiff without find title or possession in the defendant the  plaintiff shall have judgement Com dig ejection firmce of a lease of William  hill and Ann his wife of Mars Elizabeth for oneandtwenty year of land in  Uttaxton in the county of Stafford upon not gild plead the jury find a special  verdict that Henry clark be seize in fee and by his will devise that land  prout in Newys el scholasticas case a and further show that the testator have  issue Francis and croak Elizabeth John his son and Scbolastica and Ann one of  the lessors and that Francis and John die without issue male that student take  to husband Newys which Newys and student levy a fine of that land whereupon  William hill and Ann his wife as in right of Ann enter for the forfeiture upon  Rhodes the conusee and let it to the plaintiffprout in the declaration  whereupon the defendant enter and oust he say utritm the entry of the  defendant upon the matter he lawful ornot they pray the advice c and if his  entry be lawful they find for the defendant and if not c so all the matter  find in scholasticas case be now in question again but William sergeant move  that forasmuch as in all the verdict it be not find that the defendant have  the primer possession nor that he enter in the right or by the command of any  who have title but it be find that he enter upon the possession of the  plaintiff without any title his entry be not lawful and the plaintiff have  good cause of action against he wherefore the plaintiff shall recover and so  hold all the court that for this cause judgement you he to he give for the  plaintiff and they will not hear any argument of the matter in law but if the  conclusion of the verdict have be si c whether the entry of hill and his wife  be lawful or no then the judgement shall have be upon the matter in law for  then it shall he intend that the defendant have title if the lessor of the  plaintiff have not title and that the plaintiff have not cause of action but  now not a Plowd croak Elizabeth er p but then it be move that the plaintiff  notwithstanding shall not have iiidz mean for he have declare of a lease by  baron and feme and he do not shewwit oh he by deed and without a deed it can  be say the lease of the feme and in proof thereof v idem Plowd dyer Edward pl  but all the justice hold it to he well enough for it may be intend by deed and  yet no declaration thereupon also although it he without deed it be well  enough at leastwise during the life of the baron and it be a lease from they  both during that time secondl it be move that it be find that hill and his  wife enter upon Rhodes the conusee of the fine and make the lease to the  plaintiff and it be not find that they expel Rhodes and then it rest upon the  matter in law whether the plaintiff have any lease for if they enter and their  entry he not lawful and they do not expel Rhodes which be not aver but Rhodes  may he intend to continue in possession then they gain no possession and the  lease to the plaintiff be void and he have not any cause of action so it rest  upon the matter in law to he decide but all the justice hold it to be good  enough for it shall not he intend that Rhodes be upon the land but that they  by their entry gain the possession and although they he in as disseizors their  lease be good to the plaintiff and the defendant without title be not to eject  he wherefore without any regard to the matter in law the plaintiff have  judgement to recover