case baily against tailor Hilary term Elizabeth roll in plead the party shall  not he require to allege any matter of which by intendment he can have  knowledge ante yely Gro James sand   dig debt upon a obligation of mark  condition whereas the defendant by his deed of the same date have give and  grant to the plaintiff and his heir a close of pasture in AWsterby near Gowby  and whereas the defendant by his indenture of mortgage have already mortgage  to Jeremy smith diverse land and tenement in the county of Lincoln whereby the  say close be either mortgage or suppose to he mortgage for a sum of moan to he  pay at a day yet to come if therefore the saidclose he at the day mention in  the say indenture redeem and set free and discharge of encumbrance that may  grow by the say mortgage and if the defendant during the say mortgage defend  the say close to the plaintiff and his heir against the say Jeremy smith that  then c the defendant plead that the say close be not mortgage to Jeremy smith  and so he be discharge c the plaintiff say that the say close tem to be  prcedicto jeronymo smith et hoc petit qubd to seek after c and thereupon they  be at issue and find for the plaintiff it be move in arrest of judgement that  the replication be not good first because he say appropriate to be and he show  not to the court how pignoralum to be videlicet by indenture enrol oh feoff so  as the court may judge thereof as Edward pl say non allocatur for the  plaintiff be a stranger thereto and he need not show it and the defendant have  plead non pignoratumfuit it suffice the plaintiff to say pignoralum to be  general without show how as if the tenant plead jointtenancy on the part of  the plaintiff he need not show of what gift or how because he be a stranger  thereto but if he plead it on his own part it be otherwise and therefore this  exception be disallow second because the plaintiff in his replication say quod  appropriate to be and he do not say that it be not redeem for although it be  not know yet if he do not show that it be not redeem he show not any breach  sufficient for the condition be whereas it be mortgage or suppose to he  mortgage if it he redeem that then c so as if he will entitle himself to the  breach he ought to show that it be mortgage and not redeem as long quint  Edward pl S in debt upon a obligation condition for the performance of a  arbitrament the defendant plead nulluq jecerunt arbitration the croak  Elizabeth plaintiff say tale to make arbitration that pore destroying know I  ti obligate two r dic not know croak Elizabeth er p be not sufficient without  show in what point it be break so as the court may see whether he have just  cause of action and although the defendant by plead qubd non vignoralum to be  imply that there be not any redemption yet it be not material for so it be do  in case of a arbitrament it be imply that he do not perform it And of that  opinion be gawdy for the plaintiff ought always to show to the court that he  have cause of action and therefore if in a replevin the party he at issue upon  the place yet the avowant shall not have return unless he show to the court  good cause in his avowry to have return wherefore c but Popham Fenner and  Yelverton to the contrary for when the defendant plead v on Pignoralumfuit and  the plaintiff say appropriate to be it be a perfect issue in itself and  therefore the plaintiff conclude his plea et hoc petit qubd to seek after per  yatriam c but in the case of the arbitrament allege he show it and the  defendant ought to rejoin thereto before they he at issue and Popham say it  differ from the case here for there he who plead it be privy to the  arbitrament and be privy to the assignment of the breach but here the  redemption lie only in the knowledge of the defendant and not of the plaintiff  and therefore the plaintiff shall not he enforce to show that whereof by  intendment he have not any conusance wherefore it be adjudge for the plaintiff