CCCXCVI mich Elizabeth in the king bench fine levy to know facias the case be  tenant in tail lease for sixty year and afterward levy a fine to lee and  Loveday sur conusans de law come Ceo c with a render to he and his I they in  fee and upon a to know facias against the conusees suppose the land to be  ancient demesne the defendant make default for which the fine be avoid and now  the issue in tail enter upon the lessee for year and he bring a ejection  strong and it be find that the land be frank fee and all the question be if by  the I reversal of the fine by writ of disceit without sue forth a to know  facias against the tertenant shall bind he or shall be void only against the  conusee and not against the lessee Atkin it shall not bind the lessee for year  for a fine may bind in part and in part not as bind one of the conusees and  not the other h a fine levy of land part ancient demesne and part at the  commonlaw the same be by writ of disceit reverse in part as to the land in  ancient demesne and stand in force for the residue h and there by award of the  court issue forth a to know facias against the tertenants and the justice will  not annul the fine without a certificate that the land be ancient demesne  notwithstanding that the defendant have acknowledge it to be so but as to they  who be party to the fine the fine be become void as to the say party and he  who have the land before may enter I and he say it shall be a great  inconvenience if no to know facias or other wooer shall be award against the  tertenant for he shall be dispossess and disinherit without privity or notice  of it where upon a to know facias he may plead matter of discharge in bar of  the writ of disceit as a release c which see Fitzherbert n b and so although  the fine be reverse yet he may retain the land and he resemble this case to  the case of h in a contra form comparison against a abbot a to know facias  shall issue forth against the feoff and so by the same reason here and for the  principal matter be say that the fine shall be avoid against the party but not  against the lessee Kingsmill the to know facias bring against the party only  be good enough for they be party to the disceit and not the tertenants it be  adjourn Len Leonard er p