ccx HEAYES and ALLEYNS case who in vita demand and the manner of it in a writ  Heayes bring a sur who in vita against Alleyn and the case be this the  discontinuee of a message have other land of good and indefeasible title  adjoin Leonard er p to it and demolish and abate the say house and build  another which be large so as part of it extend upon his own land to which he  have good title and afterward the heir bring a sur who in vita and demand the  house by the name of a message whereas part of the house do extend into the  land to which he have no right by periam the writ ought to be of a message  with a exception of so much of the house which be erect upon the soil of the  tenant as demand of a message except a chamber and it be argue by Yelverton  that the writ ought to abate for if the demandant shall have judgement accord  to his writ then it shall be enter quod to strive for recupere messuagium  which shall be erroneous for it appear by the verdict it self that the  demandant have not title to part of it and therefore he ought to have demand  it special h parcel of land contain foot e Br Mortdanc of a piece of land  contain so much in breadth and so much in length and the moiety of two part of  a message and e br entry a seize of a marsh ground make meadow of it now in a  writ of entry it shall be demand for meadow draw sergeant contrary and he  confess the case put before and that every thing shall be demand by writ in  such sort as it be at the time of the action bring as a writ of dower be bring  of two mill whereas during the coverture they be but toss but at the day of  the writ bring mill and therefore shall be demand by the name of mill h bower  h I h walmesly part of a message may be demand by the name of a message and if  a house descend to two coparceners if they make partition that one of they  shall have the upper chamber and the other the low here if they be seize they  shall have several assize and each of they shall make his plaint of a message  and by he a chamber may be demand by the name of a house and afterward the  writ be award good but a special judgement be give ita quod to express grief  recupere messuagium predict videlicet so many foot in length and so many in  breadth accord to that which be find by the verdict cro Poph trin Elizabeth in  the common plead