case anonymous in dower the tenant may plead that the husband of the demandant  make a lease still exist of the estate before any title to dower accrue and  convey the reversion but if it appear to be all old mortgage long since  satisfy it shall not bar the right of the demandant ld raym term Rep dower the  tenant plead that a lease be make by the husband for flinetynine year before  any title of dower do accrue which lease be yet in be and show that the lessor  afterward grant the reversion to I S and die and that I S devise to the tenant  for life the demandant reply that the lessor make a feoff in fee without hoc  that the reversion be grant prout e the tenant demurrer Newdigate sergeant for  the demandant argue that the plea be not good to which he take several  exception first exception the tenant by his plea confess that the demandant  ought to have judgement of the reversion expectant upon the lease for  ninetynine year de tertid but do not say part second exception modern here be  the grant of a reversion plead and it be not hic in Curid prolald three then  for the matter as it be plead it be not good he agree if dower be bring  against lessee for year he may discharge himself by plead the continuance of  his lease during which time the demandant can have no execution but here the  tenant be no way concern in the lease it be Littleton case nun shall take  advantage of a release but be who be party or privy and therefore the lessee  in this case be party may have plead this but the tenant be altogether a  stranger before the statute of Gloucester cap if the demandant have recover  modern er p in a real action against the tenant the termor have be bind  because at the commonlaw nobody can falsify the recovery of a freehold but he  who have a freehold himself this statute prevent that mischief and enact that  the termor shall be receive before judgement to defend the right of his term  upon the default of the tenant and though the judgement can be hinder thereby  yet execution shall be suspend during the term and therefore in dyer b the  lady Arundel bring dower against the earl of Pembroke who make default and  before judgement the termor pray to be receive upon this statute and plead a  lease make by the husband after coverture which be assign to he and that dower  de tertid part of the rend of this lease be assign to the demandant by the  court of augmentation which be afterward confirm by letter patent that she  accept it and conclude that the plea of the tenant be by collusion between he  and her to make he lose his term and this be hold ill for the reason give by  Lord Hobart that it be absurd to admit two person to dispute the interest of a  three man a hob not for that reason but because that court can not assign  dower and so the letter patent of confirmation can not make that good which be  void before iVote to four edition a but whether the traverse be good or not if  theplea be nought judgement ought to be give for the demandant Jones sergeant  contra the plead be well enough first the tenant confess that the demandant  ought to have judgement of the reversion de lertid which be well enough omit  the word part because he claim a three part of such tenement and the tenant  confess she ought to have judgement which be full enough if the word de  tertidparte be whole omit second he agree that whoever claim under a deed must  show it but the tenant in this case do not defend himself modern by any title  from the deed for the substance of the plea which secure he be that a lease of  ninetynine year be in be and by his allege the devise of a estate to he for  life make by the grantee of the reversion he do but allow the demandant writ  to be true which mention he as tenant of the freehold three then for the  matter of the plea he say it be good and that the tenant may well plead the  lease for year by the statute of Merton damage be give in dower where the  husband die seize which he do in this case but yet no damage ought to be pay  here but for the three part of the rend and the three part of the reversion  and therefore to acquit himself thereof he may well plead as here for which  there be a precedent in herns pleader then he say that the traverse be ill for  the principal point in the plea which he ought to have traverse be the  continuance of the term and it be not material who grant the reversion or to  who it be grant for if there be a lease in be the demandant can have execution  the court be all of opinion that the substance of the plea be good because  there be a p rivity in the grantee and it be for his benefit to avoid the  demandant seize he be thereby entitle to the rend and he may plead this plea  to save himself from damage give by the statute of Merton but as to the  traverse north chief justice and Wyndham justice incline that the traverse be  well take for if a seize plead the like plea as here it be not good and  therefore when the tenant allege a grant of the reversion the demandant may  well traverse it but Ellis and atkins justice be of opinion that the traverse  be immaterial for it be the lease and not the grant that be traversable but  because it be allege by the demandant who offer to refer it to the counsel on  the other side that this lease so plead be a old mortgage long since satisfy  it be refer accord