Adam vers the TERRETENANTS OF savage Intr pasch Ann b r rot SC salk Mod in a  to know facias on a judgement in a personal action against terretenants Q  whether a plea that there be other terretenants in the county not name in the  return can conclude with a prayer that the writ may be quash SC but with some  difference salk Mod vide roll Rep if one person in particular be return  terretenant of particular land none of the other terretenants can join with he  in plead any thing with respect to those land a plea which be bad as to one of  the person plead it be bad as to all r send for Str general nontenure can be  plead to such a to know facias either express or by implication Q whether a  tenant for year may not be consider as terretenant upon such a to know facias  SC salk John Adam administrator of Sarah Adam who die intestate sue out a to  know facias bear testae the that of may the three year of this queen and  returnable die Lunae proxime post tomorrow a rising domini next follow upon a  judgement give for the say Sarah Adam in this court die Sabbati proxime post  tres soldiers Pascliae car against sir George savage of Bloxworth in the  county of Dorset for debt and S damage and cost against the terretenants of  the land of which sir George savage be seize in fee the day of the judgement  give at the day of the return of the to know facias as well the plaintiff John  Adam as Daniel sadler and Philippa his wife and several other person return by  the sheriff to be tenant of the land of which sir George savage be seize in  fee the day of the judgement summon and they appear by their atorneys and in  particular the say Daniel sadler and Philippa his wife who be return tenant of  the capital mansionhouse with the appurtenance call Bloxworth house and of the  manor of Bloxworth c in the Lord Raymond say county of which the say sir  George savage be seize in fee the day of the judgement give et super hoc idem  Johannes Adam to say quod post judgment prediction in form prediction To give  back scilicet die maii year royal power domini W recently king England c at  Bloxworth prediction in county prediction prediction Sara Adam to go death et  administration all et singulor will do you much good et catallorum the juice  of the purple et lender who to be prediction sarae tempore death of oneself  per thomam foresight of a god Cantuariensem an archbishop all Angliee primate  m et metropolitan die maii year domini at London eiden John debt is owed law  form undertaking to be et prediction Johannes Adam profert in curian litter  administratori prediction sarae per quas satis to be fluid curiae hic Self  Johan Adam before director et ind to have administration c et petit idem  Johannes Adam performance versus a saying beforehand Danielem sadler and the  other person return terretenants de debt is owed et financial loss prediction  de terris et property prediction to lift up Himself adjudicar c et prediction  Daniel sadler et Philippa wife he and the rest of the terretenants at the day  of the return of the to know facias solemnly drive out per p t attornatum suum  prediction to come et to strive for judgment de shorten de to know facias a  saying beforehand viscount Dorset straight in form prediction retornato  because to say quod quidam georgius Trencbard armiger be et die impetrationis  the same short catalog de to know facias et ante to be to hold ut de book  tenement de manor de Bloxworth cum appurtenance in county prediction in  retorno prediction mentionato et hoc prepared are verify unde ex quo  prediction georgius trenchard in retorno prediction short catalog de to know  facias non naming seu retornatus be to hold the same manor de b prediction cum  appurtenance fidern Daniel sadler et Philippa wife he and the rest of the  tertenants to strive for judgment de shorten Lord Raymond er p there et quod  breve mock empty I Darnall to which plea the plaintiff demurrer and the  defendant join in demurrer the exception which be take to this plea by the  plaintiff counsel Mr Eyre be that it conclude ill for it ought to conclude si  the defendant responders to turn the war thither to withhold and can not be  plead in abatement unless the defendant give the plaintiff a better writ which  in this case they do not for a new writ must be the same and the fault be in  the sheriff in omit some of the terretenants in the return so be m Elizabeth  clerk v hardwa cro Elizabeth m James Michael v sir John Crofts and other cro  James Ro Rep more Mr sergeant Darnall for the defendant insist upon it that  the precedent be both way and rely on   Intr Lord Raymond the cause be in the  paper for judgement mich of this queen the judge do not seem to be altogether  unanimous as t oh the exception abovementioned Powell justice take it to be a  settle rule that the defendant shall never abate the plaintiff writ without  give he a better which in this case he can do there be no defect in the writ  but in the sheriff return but because execution ought to be award against all  the terretenants equal which can be do till all of they be return warn and  before the court therefore this be a good plea in delay of the execution and  ought to be plead si responders to turn the war thither to withhold but can be  plead in abatement of the writ for the court can give judgement that the writ  for this defect shall abate but the court must award another writ and the  terretenants return upon the first writ must have the same day give they with  the return of the new writ so be e Fitzherbert brief sand Jefferson and Dawson  and mich will mark b r Prynne v slaughter Ventr holt chief justice say that  where the terretenant omit be tenant of land in another county such a plea can  never be plead in abatement because the sheriff have perfect do his duty in  execution of the first writ and can do no more but summons the terretenants in  his county and therefore in such case the plaintiff must sue out a new writ  direct to the sheriff of that other county where the other land c lie and  therefore in such case to plead that matter in abatement will be very improper  but it ought to be plead with a si responders to turn the war thither to  withhold c and so be the case of sand and Ventr the terretenants not name be  of land in another county but where the terretenants not return be of land in  the same county the precedent be both way though it must not be intend that  the king bench can give judgement to abate the writ but only to stay till the  other terretenant be bring in see more cro Elizabeth Goldsb pl dame Gresham  case but then the Lord chief justice holt take a exception to the plea which  he say must be fatal which be that sadler and his wife be return tenant of the  manor of Bloxworth then no body but they can plead any thing in respect of  that manor of which they be return tenant for if in a to know facias c a be  return tenant of Blackacre and b of Whiteacre a can plead nothing as to  Whiteacre nor b as to Blackacre then in this case when all the terretenants  return join in this plea with sadler and his wife it vitiate the whole plea  indeed if trenchard have be joint tenant with sadler and his wife and not  return nor summon sadler and his wife may have plead it but the other  terretenants can not join in such Lord Raymond plea because they have nothing  to do with the manor of which sadler and his wife be return tenant if sadler  and his wife have plead this it have be nought because it have be but a plea  of general nontenure and that too but by implication in a to know facias on  judgement in a real action special nontenure may be plead Edward Henry but in  a to know facias on a judgement in a personal action the terretenant can plead  nontenure by implication to all which the other three judge videlicet Powell  powys and gold agree and therefore a respond ouster be award note the Lord  chief justice holt say further in this case that it be a question whether a  tenant for year be not a sufficient terretenant to be return by the sheriff in  a to know facias on a judgement in a personal action in Owen Kemp et some v  Laurence a tenant for year plead in bar of a to know facias and as that case  be Lord Raymond er p report in Brownl it be doubt whether it be good or not  and in sand a lease for year in the terretenant return in the to know facias  be plead in bar now if the law be so that a tenant for year be a sufficient  tenant in such a case this plea be ill because notwithstanding trenchard may  be tenant of the freehold yet sadler and his wife may be tenant for year but  as to that neither he nor the other judge give any positive opinion Mr rob  Eyre counsel for the plaintiff Mr sergeant Darnall for the defendant