be the only daughter and heir of the plaintiff wife by a former husband and  the wife be now dead this surrender be make in pursuance of a power reserve by  a former surrender to the wife to surrender it to such use as she by write or  last will in the presence of three witness shall direct or appoint and the  present surrender under which the plaintiff claim be make in the presence of  two witness only who subscribe their name but the deputy steward who take the  surrender have set his name to it and so may be consider as a three witness on  which the bill be bring to establish this as a good surrender pursuant to the  power the defendant plead and claim Title under a will make by the wife in  pursuance of her power execute in the presence of three witness antecedent to  the surrender to the use of the plaintiff and likewise demurrer for that if  the plaintiff have any Title it be a Title mere at law and he may bring his  ejectment if he think fit and it be object that this plea and demurrer be for  one and the same thing and therefore inconsistent and contradictory in  themselves for the plaintiff may reply to the plea and go on upon that in this  court but the demurrer say he have nothing to do in this court but must go to  law so that the one be to keep he here and the other to send he to law and  though it be frequent to plead foe one part of a bill and demurrer to another  part yet it be never know that the defendant plead and demurrer to one and the  same part of the bill by reason of the inconsistency on the plea be first it  be insist that give this court jurisdiction and then the demurrer afterward to  send the plaintiff to law come too late or at least it be urge that the  demurrer have overrule the plea and that both can not stand ld Chan seem to  think the plea be good as a plea of the defendant Title and the demurrer good  likewise as it be a demurrer to the plaintiff Title but at last he overrule  the plea and allow the demurrer Trin Cotter and Layer mosely equity case  abridge f concern the replication