clxxxvii geslin and warburton case devise error dower in a ejection strong by  Joan geslin against Henry Warburton and Sebastian crisp of land in  Dickilborough in the country of norf mich Elizabeth rot upon the general issue  the jury find a special verdict that before the trespass suppose one Martin  Frenze be seize of the Leonard land of which the action be bring in tail to he  and his heir male of his body so seize suffer a common recovery to his own use  and afterward devise the same in this manner I give my say land to Margaret my  wife until such time as prudence my daughter shall accomplish the age of  nineteen year the reversion to the say prudence my daughter and to the heir of  her body lawful beget upon condition that she the say prudence shall pay unto  my say wife yearly during her life in recompense of her dower of and in all my  land pound and if default of payment be make then I will that my say wife  shall enter and have all my land during her life c the remainder ut above the  remainder to John Frenze in tail c Martin Frenze die Margaret enter the say  prudence be within the age of fourteen year Margaret take to husband one of  the defendant John Frenze be heir male to the former tail bring a writ of  error upon the say recovery and assign error because the writ of entry upon  which the recovery be have be praecipe quod To give back One message and  twenty promontory prati in Dickelborough Linford hamlet without name any town  and thereupon the judgement be reverse and it be further find that in the say  writ of error and the process upon it no writ of to know facias issue to warn  dictam discretion be to step out unconstrained be praemissor ad to stretch out  quid to have well to dedicate to know quare judgment predict non reversaretur  the jury further find that the say Margaret depend the say writ of error be  possess army will ultimae will dict Martini reversion ind expectant speech  discretion pro ut law demand and they further find that six pound of the say  twelve pound be unpay to the say Margaret at the feast c and they find that  the say John Frenze pretense judgment such reversat enter into the premise as  heir male ut above and so seize a fine be levy betwixt John Frenze plaintiff  and one Edward Tindal and the say prudence his wife deforceants and that be to  the use of the say John Frenze and that afterward Burgundy Warburton and the  say Margaret his wife bring a writ of dower against the say John Frenze Edward  Tindal and prudence his wife of the say land the say Edward and prudence make  default and the demandant count against the say Frenze and demand against he  the moiety of the three part of the say land to which the say Frenze plead  that the default of the say Edward and prudence idem John Frenze nomin non  debet because he say that he the say John be sole seize of the land aforesaid  at the time of the writ bring c and plead in bar and it be find against the  say John and judgement give for the demandant of the three part of the whole  land and seize accord and that afterward Elizabeth the say Frenze levy the  fine to the say Tindal to the use of the say Tindal and his heir and they find  that after the say feast the say Henry Warburton and Margaret his wife come to  the message aforesaid half a hour before sunset of the say day and there do  demand the debt of the say twelve pound to the say Margaret by the say Martin  Frenze devise to be pay unto they and there remain till after sunset of the  say day demand the rend aforesaid and that neither the say Tindal nor any  other be there ready to pay the same and first it be move if the say yearly  sum of twelve pound appoint to be pay to the say Margaret be a rend or but a  sum in gross and the opinion of the court be that it be a rend and so it may  be fit collect out of the whole will where it be say that prudence his  daughter shall have the land and that she shall pay yearly to Margaret twelve  pound in recompense of her dower c but if it be not a rend but a sum in gross  it be not much material to the end of the case Leonard er p for put case it be  a rend the same not be plead in bar the dower be well recover and then when  default Leonard of payment be make if the wife of the devisor shall have the  whole be the question and the court be clear of opinion that by the suit and  judgement in the writ of dower the wife of the devisor have lose all the  benefit which be to come to her by the devise for the say rend be devise to  her in recompense of her dower so as it be not the meaning of the devisor that  his wife shall have both and therefore by the recovery in dower she have  dismiss her self of the rend and by consequence of the benefit of the penalty  for not payment of it cro hut cro cro Owen dyer cro hill Elizabeth in the  common plead