CCCXCVIII GRAVENOR and MASSEYS case error Gravenor bring a writ of error upon  a common recovery against Massey and in the say recovery four husband and  their wife be vouch and now the plaintiff bring this writ of error as heir to  one of the husband and exception be take to his writ because the plaintiff do  not make himself heir to the survivor of the four husband Egerton the writ be  good enough for there be a difference betwixt a covenant personal and a  covenant real for if two be bind to warranty and the one die the survivor and  the heir of the other shall be vouch and he say each of the four and their  heir be charge and then the heir of each of they be Chargeable the heir of any  of they may have a writ of error and afterward the writ of error be adjudge  good and error be assign because the vouchees appear the same day that they be  vouch by attorney which they ought not to do by law but they may appear gratis  the first day without wooer in their proper person and so at the to follow sub  his periculo  see e Attorn and e it another error be assign because the entry  of the warrant of attorney for one of the vouchees be poor Lord his I d  against the tenant where it shall be against the demandant for present when  the vouchee enter into the warranty be be tenant in law to the demandant coke  as to the first error although he can Leonard er p appear by attorney yet when  the court have admit his appearance by attorney the same be well enough and be  not error as to the other error I confess it to be error but we hope that the  court will have great consideration of this case as to that error for there be  one hundred recovery erroneous in this point if it may be call a error and  then we hope to avoid such a general mischief that the court will consider and  dispense with the rigor of the law as their predecessor do h in the writ of  mesne but I conceive that the writ of error be not well bring for the voucher  in the say recovery be of four husband and their wife and when voucher shall  be intend to be in Leonard the right of their wife which see h b e e and so by  common intendment the voucher shall be construe in respect of the wife so also  the plaintiff here ought to entitle himself to this writ of error as heir to  the wife and for this cause the plaintiff relinquish his writ of error and  afterward he bring a new writ and entitle himself as heir to the wife ante  mich Elizabeth in the king bench