coke a Ferrer case mich Elizabeth in the common plea see Brunsden v Humphrey  QBD resolution and difference when a bar in one action shall be a bar in  another SC cro Elizabeth Vid the entry   Ent Nu between a Wilson   a Ferrer  and Arden these point be resolve when one be b Doct pl Noy b bar in any action  real or personal by judgement or demurrer confession verdict c he be bar as to  that or the like actiorof the like nature for the same thing for ever for   b  b   b   light a expedit reipubl ut sit Finis a strife but there be a  difference between real action and personal action for in c postea a Doct  placit Prf ad Rep more pl e a b   a latch c a personal action as debt account  c the bar be perpetual a it be observe by Lord Ellenborough in give judgement  in Outram v Morewood east that what Lord coke say that in personal action  concern debt good and effect by way of distinction from other action a  recovery in one action be a bar to another be not true of personal action  alone but be equal and universal true as to all action whatsoever quoad their  subject matter and the general rule be that a allegation on record upon which  issue have be once take and find be between the party take it and their privy  conclusive accord to the find thereof so as to estop the party respective from  again litigate that fact once so try and find ib but such estoppel must be  plead Vooght v wink b a Vid in Outram v Morewood the observation of Lord  Ellenborough on Ferrer case and Vid ante n c Rawlyns case   b and Lord Bagot v  William barn Cress SC dow Ryl a for the plaintiff coke b can have a action of  a high nature and therefore in such case he have no remedy but by error or  attaint coke report a er p but if the demandant be d Doct pl d bar in a real  action by judgement on a verdict demurrer confession c yet he may have a  action of a high nature and try the same right again because it concern his  freehold and inheritance as if a man be bar in a e Doct pl e b   a Cr car e  assize of novel seize yet upon show a descent or other special matter he may  have a assize of mortancester aiel or besaiel entry sur seize to his ancestor  so it be say if a man be bar in a formedon f Doct pl f in discender he may  have a formedon in reverter or remainder for that be a action of a high nature  for therein the feesimple be to be recover accord to the opinion in g   b a Cr  James g Robinson be case in the that part of my report f and if any one be h  Doct pl Cr James h bar by judgement in any real action of the seize of his  ancestor or of his own possession he may have a writ of right in which the  matter shall be try and determine again but a recovery or bar in a assize a  Doct pl Cr James godb roll Rep a be a bar in every other assize and in a writ  of entry in the nature of a assize for both be of his own possession and of  one and the same nature between the same party so a b Doct pl Acc will b bar  in a writ of aiel be a bar in a writ of besaiel or cosinage c for these be  ancestral and of one and the same nature et such de cteris so that the law  have provide great safety and remedy for matter of freehold and inheritance  than for debt and chattel for there once bar always bar as it have be say  unless it be in a special case as appear in the say Robinson be case vide f n  b n ass pl Edward estop ass p Edward Entre Edward a b r a b h action sur Le  case Br h Br Det but in a c Doct pl   light b c formedon in discender if the  demandant be bar by verdict or demurrer yet the issue in tail shall have a new  formedon in descender on the construction of the statute of west c so if he  bar in a writ of d Doct pl godb Cr Elizabeth d error on the release of his  ancestor his issue shall have a new writ of error for he claim in not only as  heir outperform gift and by the statute shall not be bar by e Doct pl e feign  plead or false plead of his ancestor so long as the right of the entail remain  and therewith agree Henry Elizabeth dyer f die pl   light a b Cr Elizabeth f  sir Ralph Rowlets case another g Doct pl g difference be in real action or  personal between a plea to the action of the writ and a plea to the writ for  if the demandant or plaintiff have h Doct pl   b a Cr Elizabeth vent h mistake  his action so as the plea of the tenant go to the action of the writ as  formedon in the remainder where it shall be formedon in the reverter such  action without judgement upon verdict of demurrer c do not bar the demandant  of his rightful action and therefore if the demandant I Doct pl   a I in such  case be nonsuit or the plea be discontinue coke a he may bring his rightful  action and therewith agree e h r estoppel e but king Doct pl king if the plea  be but to the writ so that the same nature of writ remain in such case  although the plea to the writ be adjudge against the demandant upon demurrer  or verdict c yet he shall maintain the same writ again for the judgement  extend but to the writ and therewith agree e estoppel ass pl coke report b er  p another difference in real action between such person as have not the mere  right in they but a qualify right although they be bar in real action without  make they party who have interest it shall not bind the successor as l Cr  James l parson prebendary c for in such case a new action of the same nature  against the successor he shall falsify and the recovery do not make any  discontinuance but the successor may enter otherwise of a abbot bishop and  such like who have the whole feesimple in they in such case the successor at  the commonlaw shall not falsify in a to know facias or new action of the same  nature the same law when recovery be have against they for it have be adjudge  that in a writ of right against a a f n b d a parson who after the raise join  make default and judgement be give against he yet the successor have a law  utrum because he have not the mere right nor have pray in aid of the patron  and ordinary the same law of b Cr James b tenant in tail vide e h h h h h e  Fauxer de recovery f n b r and if a parson vicar or prebendary c lose by  default in a real action he himself may have a law utrum for that be his writ  of right as it be say in the register b and it will be against reason that he  shall not have any remedy and especial in be the right of the church which be  favour in law and it be to be observe that when any one bring a assize of  novel seize mortancester writ of entry sur seize or any other real action and  be bar by judgement upon demurrer or verdict c the demandant and his heir be  not only bar of the same action but also as long as the record of the  judgement stand in force he and his heir be bar of their entry and be put to  their action of a high nature vide h c die pl c d and where it be say in the  book that privy shall not d side   a before b Cr James   b d falsify in the  point try that be as much as to say that they shall not falsify in a cognizant  fa on the same judgement or in any other writ of the same nature but he may  bring a action of a high nature and therein try the matter again as it have be  say before but in Robinson be case forasmuch aa the defendant in the first  action give the plaint c a action as executor and peradventure the pl at the  coke b time be bring his action as administrator do not certain know of the  will forasmuch as as it be say in h estoppel he may be make executor unknown  to he for this cause there in the say Robinson be case it be adjudge for  plaintiff note reader at the commonlaw if one have suffer a recovery against  he in any real action by default if he be lawful summon and no error be in the  proceed he have not the case of a e roll Rep Cr James e infant only except for  the tenderness of his year and defect of understanding any remedy but by writ  of right and that be the cause that f f n b b f tenant in tail tenant by the  courtesy tenant in dower or tenant for life after recovery by default have not  any remedy until the stat of west g roll Rep Inst c f n b b   light b b a g c  give they a writ of quod ei deforceat the word of which Act be cum time drive  back some amisissel earth svan per default non to have other recuperate how  per breve de recto quod the dawn to coincide with non poluit who de mero jure  to speak non poluerint just as to hold ad term vit c to see in advance be quod  de allotment of land non sit eastern defalla tam prjudicialis quin position  suum si law to have recuperate to be able per other breve per how per breve de  recto c notam if a man lose in assize the tenant be not put to his writ of  right but may have a assize of mortancestor ass pl nor be a a Doct pl a  recovery in a assize a bar in a formedon in the reverter as it be hold in h  note the statute say per defaltam and that can be b roll Rep b in assize for  the assize shall be award if a recovery be against one by default or upon a  plea of the bailiff in coke report a er p assize the defendant upon release c  vide west c Inst c f n b f a c c may have certificate and so relieve himself f  n b ass pl king judaic b if the husband have suffer a recovery by default  against he and his wife the wife have not any remedy but a writ of right and  that appear by the statute of west d Inst c   light a a b b d c in grammatical  case when man to send away deep fault tenement quod to be jud wife sum durum  to be quod wife post mort man non to have some other to retake how per breve  de recto and the same Act give a who in v ita to the wife in such case and a  writ of entry to he in the reversion upon a recovery have by default or render  against the tenant for life c vide f n b b if such particular tenant lose by  action try in a real action at this day it seem they be without remedy and  therewith agree e vide tempt e estoppel vide king vide Litt chapter release b  that if the tenant for life where the remainder be over in fee have suffer a  recovery that he in the remainder before the say statute be without remedy and  the reason of the strictness of the commonlaw in such case be to take away the  multiplicity and infiniteness of suit trial recovery and judgement in one and  the same case and therefore in the judgement coke a and policy of the law it  be think more profitable to the commonwealth and more for the honour of the  law to leave some without remedy as be aforesaid and to put other to their  writ of right without any respect of coverture c than that there shall not be  any end of action and suit vide the judgement in rediss et post seize f n b  and the punishment inflict by the law on he who shall seize he who be in by  judgement of the law in such case and the register for as it have be well say  e post a   a Hardr Godbol Bulstr Sch Lef e interest reipub ut sit Finis a  strife otherwise great oppression may be do under colour and pretence of law  for if there shall not be a end of suit then a rich and malicious man will  infinite vex he who have right by suit and action and in the end because he  can come to a end compel he to redeem his charge and vexation to leave and  relinquish his right all which be remedy by the rule and reason of the ancient  commonlaw the neglect of whichrule by introduce of trial of right and title of  inheritance and freehold in personal action in which there be not any end or  limitation of suit have therewith introduce four great inconvenience  infiniteness of verdict recovery and judgement in one and the same case  sometime contrariety of verdict and judgement one against the other the  continuance of suit for and year to the utter impoverish of the party all this  tend to the dishonour of the commonlaw which utter abhor infiniteness and  delay of suit wherein be to be observe the excellency of the commonlaw for the  recede from the true institution of it introduce many inconvenience and the  observation thereof be always accompany with rest and quietness the end of all  human law vide reader in my Prface to the four part of my report f I b for the  inconvenience which ensue on the breach of any of the ancient and fundamental  rule of the commonlaw and by all these difference and reason you will better  understand your book in Edward law Edward law e Edward Edward Edward Edward  Edward estoppel Edward ass p ass p ass p ass p ass p ass ass ass ass ass  Edward estoppel Edward Edward Edward e Br h h h e r h h e h h h Br Det h  action sur Le case Br Edward estoppel Br Elizabeth dyer Bracton lib fol note  reader at the commonlaw coke b if land have be convey out of the degree so  that the demandant can not have a writ of entry in the per or per who the  demandant be put to his writ of right for no writ of entry in the post be at  the commonlaw but it be by saint Marlb c see Inst   light b h c and the reason  thereof be as coke report b er p have be say quod sit Finis a strife and that  he who have right shall take his remedy by writ of entry before there can be  more than two alienation and all this appear by the statute of marlebridge cap  vide f n b Edward Edward Edward h c