booth vers the marquis OF Lindsey and other Monday October under a writ for  the delivery of seize of the three part of certain manor the land which the  sheriff say in his return he have deliver shall prima fancy be take to be part  of those manor the plaintiff bring a ejectment for land in Lincolnshire on the  demise of the countess dowager of Lindsey on not guilty plead the lessor make  title under a judgement in a writ of dower bring by her for a three part of  the manor of grimesthorpe Southorpe and Edenham in which she bad judgement to  recover the say three part of the say manor and thereupon a writ of seize  issue whereupon the sheriff return that he have give her seize of the land in  question as the three of the say manor sir Thomas powys and the other counsel  insist that the plaintiff ought to prove the land in the return part of the  say manor but by the court that shall be presume unless the defendant prove  the contrary because they will not intend the sheriff have do wrong and for  the same reason they will intend the sheriff have give seize but of a three  then the counsel for the defendant offer to give in evidence a old term for  five hundred year create by Robert earl of Lindsey by his marriage settlement  make on the marriage with his first lady the lessor be his three wife which be  still subsist and be now in the executor of the late Lord chief baron Montague  who be survive trustee the term be in trust for raise portion for daughter of  that marriage which trust be not yet perform be yet due to the countess of  river who be daughter of that marriage and they insist that it be enough in  all ejectment for the defendant to show the title out of the plaintiff and  therefore they say it be every day practice to give in evidence a prior  mortgage make to a stranger whereby the defendant in ejectment defend his  possession for ejectment be a possessory action the defendant possession be  prima fancy a title for Lord Raymond he if the plaintiff can not show a better  for r send for burr a he must recover upon his own strength and not upon the  defendant weakness and this be debate by the counsel on Lord Raymond er p both  side and strong urge by the counsel of the defendant whereupon the court  unanimous resolve that unless the defendant will derive a title under that  term or show they have a title prior to the recovery which they can not do  they be estopped by the recovery to give this term in evidence for first as to  the marquis of Lindsey who be tenant in the writ of dower they hold that if he  will have take advantage of this term he shall have plead it in the common  plea to the writ of dower not in bar of the action for it be no bar in dower  but in delay of the execution which he not do but plead ne unques seisie and  dower c he can now give it in evidence for that will be in effect to falsify  the recovery for the lady have recover her dower as in possession whereas have  this term be plead she can have recover it but in reversion so that the  marquis be estopped to give it in evidence by the judgement then the other  defendant be all his tenant be estopped likewise claim under he but if they  can show any lease prior to the recovery then the court will give they leave  so far to falsify the recovery but be only tenant to the marquis they be  estopped as well as be and holt chief justice say that the defendant be not  within the statute which give termors liberty to falsify recovery at commonlaw  no termor can falsify a recovery in a real action then the statute of glouc  Edward c give termors remedy where judgement be let go by default then the  statute of h c give termors leave to falsify recovery in any real action in  all case but then such person must show himself to be a termor or derive a  title under the term but the tenant of the land be a mere stranger to the term  be not within the benefit of that statute so as to give a term of a three  person in evidence to falsify the recovery against himself or those under who  he claim which be the present case to which the other judge agree and refuse  the counsel of the defendant though very importunate to admit they to give  evidence of that term of five hundred year but offer to sign a bill of  exception which the counsel decline to offer attempt to falsify the sheriff  return of the writ of seize by prove that the land in the return or at least a  great part of they be not parcel of any of the three manor upon which sir  Simon Harcourt and sergeant Pratt insist that the defendant be estopped by the  return of the sheriff and can not falsify in this ejectment but may bring a  action against he if it be make of land not part of the three manor c and sir  Simon Harcourt cite Br extent f execution that if in dower the sheriff Lord  Raymond give seize on the to have facias seisinam of more than a moiety the  heir can enter nor maintain a assize but must have a to know facias to  admeasure the land in the return but as to this all the court be clear in  opinion that for whatever be comprise in the return which be not part of the  manor in the judgement the execution be actual void and advantage may be take  of it in the ejectment whereupon the counsel for the defendant attempt to  prove the land in the return not parcel of the manor but be very deficient in  their proof a verdict be give for the plaintiff Raymond counsel with the  plaintiff