case the viscountess bodmyn versus sip richard child tenant in dower shall not  have execution of a reversion after a term this be a to know facias recite cum  Sara Vicecomitissa Dotissa de bodmyn who to be wife roberti Robert there  sheriff de bodmyn Trin I James recuperasset versus Abr Vandenbendy johan  Rotheram Seiam de tertian part six part of several honour manor c in comEssex  in reman post termin to swim up incipien maii car limit to Geo Montague  Francis butler and Gul Jessop ut dowry svan at any time pillage Abr johan are  corpse Ric child bar in six part pillage unde do pillage recupat to be  ingressus be prout ex insinuacon c praecipe sheriff come Essex quod per Probus  c to know fac say beforehand advance Ric child omnib tenen six part pillage  quod make real hic quinden Paschae ostend c quare pillage Vicecomitissa  execution seian svan de tertian part pillage ita yet quod to take into  possession possessor pillage termini to swim up de in eaden tertian part thus  far venture a possession svan ind non amovea to have non debet juxta form  recuperation pillage sir Richard child appear and by his attorney demand oyer  of the record ei to go away in haec word Essex sacred scripture Sara  Vicecomitissa c by which it appear that she demand dower against the defendant  who plead that before the marriage of the demandant with her husband comens  Charles earl of Warwick be seize of the say honour manor c in fee and be so  seize by lease and release date the that and that of August car convey the say  estate to the use of himself for life then to Charles Lord rich his son and  heir apparent for life then to trustee S till his first heir on the body of  whether his wife shall attain the age of twentyone then to the first second  and other issue male of the say marriage in tail male successive then to the  first and other issue male of the say Charles Lord rich by any other wife in  tail then to the heir male of the say Charles Lord Warwick and for default of  such issue to the say George Montague Francis butler and William Jessop for  year then to Hatton rich for year if he so long live then to trustee to  preserve contingent use then to the first and other son of the say Hatton rich  in tail male then to the heir female of the body of Charles earl of Warwick  and Charles Lord rich equal in tail then as to one six part of the say estate  to the use of the say Robert Robert and his heir that the say Charles earl of  Warwick Charles Lord rich and Hatton rich die without issue videlicet on the  saint of may car by which mean the say George Montague Francis butler and  William Jessop exorcise possessionat of the say comens er p term for year the  remainder as to the say six part to the say Robert Robert and his heir and his  estate in the say remainder the defendant then aver quod predict termin a year  not yet to be limit sive detertninat whoever it be Self nothing to have nee  unquan habuer in pillage sextan part c nisi in remauere post pillage term to  swim up ind hoc c et pillage Vicecomitissa pet judgment sei be de to stay  behind ill Himself adjudicar c therefore encamp be quod pillage Vicecomitissa  recupere sei be svan versus say beforehand advance Abr johan Rotheram de  tertian part to stay behind pillage after oyer sir Richard child pet judgment  de pillage shorten de to know facias pro eastern quod pillage Sara per breve  ill pet execution seian de pillage tertian part c ante determination pillage  termini to swim up tam in think over judgment how in pillage shorten de to  know facias mentionat ac pro eastern quod non that this only is apparent quod  pillage termin any modus determinate exist ac pro eastern quod pillage Sara  per breve comens pillage petit execution sei be all how per judgment pillage  ei adjudicate to be et pillage Countess pro eastern quod pillage Ric child  tant pet judgment de shorten de to know facias c without aliquan causan  rational c ac pro eastern quod Ric nothing in praeclusion execution seiae Self  Countess c die ita quod eaden Countess remanet versus the dawn ind in a  certain way undefended self ut prius pet execution c to this the tertenants  demurrer and show for cause quod say beforehand advance Countess per  replication suarn pet execution seian svan c et non responder ad placiturn  Self ricardi in cassation short catalog pillage ut carry in front placitata  and it be argue that the plea in abatement be good for the to know facias be a  judicial writ find upon the judgement and ought to pursue it but the judgement  be only that the demandant recover seize of the three part of a remainder  after a term for year but the to know facias pray a execution and seize  immediate without show that the term for year be determine nay it rather show  that the term be subsist for it say that it commence on the saint of may car  and therefore it can be determine by the effluxion of time and consequent  shall be presume to have a continuance if the contrary do not appear and then  during the continuance of the term the demandant can have seize and though the  writ have a clause ita quod possessor sive to take into possession termin non  amovea this will not aid it for it be a contradiction since the demandant can  have seize of the land without ousting of the termor for seize import the  possession   Litt a and livery of seize can be make when a term be in  possession if a man grant a estate to a for year remainder to b for life and a  enter before livery it can be make afterward because the termor have the  possession and before a enter it can not be make to b in remainder for the  possession do not belong to he but it must be make to the termor himself    light b and b this show that the sheriff upon a hab fac seian can deliver  possession to the demandant without ousting comens the termors and therefore  this clause be repugnant and contradictory if there be a to know facias for  the execution of a fine sur grant render by he in remainder after a estate for  life or in tail it must say that the tenant for life be dead or that the  tenant in tail be dead without issue so be all the precedent off Bre Reg jud b  Brownl Ent and if it be not make so it may be plead in abatement Edward b  Edward b but sergeant Pratt answer and the court think that the demandant in  dower shall have judgement of the reversion and rend and then she ought to  have execution of that judgement accord to   light a where it be say that the  sheriff shall give execution of a reversion by meet and bind and of a three  part of the rend and execution shall not stay during the term and so it be  agree roll l in cro Elizabeth Wheatley versus best Noy S c a it be resolve  accord and there it be say that the execution shall be special that the  sheriff shall not oust the termor and though it be urge that there be a  distinction where rend be reserve upon the term and where not for in the first  case the sheriff may give possession of the rend in the same manner as where  dower be demand of a rend of which the wife be dowable but where no rend be  reserve as in the present case execution shall be stave during the term as be  agree roll l for then the execution will be of no effect yet there do not seem  to be any difference for the comens er p judgement ought to be execute in the  one case as well as the other and the termor can have no prejudice and the  chief justice think that if the clause ita quod possessor c have be omit the  writ will have be good for the clause be only a expression of that which will  have be understand comens it be then insist that here be a discontinuance for  the plea pet judgment de shorten and the demandant by her replication pet  judgment seian whereas she ought to have pray that the tenant to answer ouster  for if the plea be have she may have demurrer to it if she do not demurrer she  ought to reply to the matter of the plea and conclude with pray that the  tenant may answer not with pray seize and execution for the tenant may plead  other matter in bar of the execution as a release c and therefore ought not to  be preclude such matter and therefore where a defendant plead in abatement and  the plaintiff by his replication conclude with pray judgement and damage it be  adjudge to be a discontinuance h W m b r rot between bisse and Harcourt I show  Mod SC say non allocatur for the plea in abatement be in nature of a demurrer  it be on matter appear in the writ not on any fact dehors and when the tenant  have make the first default the demandant may well pray execution and seize  but it be adjourn and afterward judgement be give by the whole court that the  plaintiff shall not have execution upon this to know facias there be no rend  reserve upon the term and therefore it will be vain for the plaintiff to have  execution before the term be end judgement be give for the defendant the  plaintiff afterward exhibit her bill in chancery pray that she may have the  benefit of the trust as to the three of the profit of this term and the bill  be dismiss vern Prec Ch Eq Abr pl Charles Cas a appeal be afterward bring and  on the that day of April the decree be affirm in the house of peer show c p  Prec Ch comens de term sanct hill Anna in c b