BROKESBYES case in c b rot Bartholomew Brokesby bring a quare hinder and it  appear by his declaration that the next avoidance be grant to he and one  Humphrey Brokesby and then the church become void and Humphrey do release to  Bartholomew totum position distinction c and then Bartholomew be disturb bring  a quare hinder in his name alone Harris the plaintiff shall be bar for the  other shall be name with he for the release be void for when the church become  void it be a thing in action and of privity and confidence and can be release  nor transfer dyer a h a where it be say that it can be grant over no more than  a executor may release his executorship to his companion Beaumont in my  opinion it be not a choose in action but a interest which the executor have  and by the h and h if a man be seize of a advowson in the right of his wife  and the church be void and the wife die yet the husband shall present which  prove it be not a choose in action for in the Edward the husband shall not  have a obligation that be make to his wife Owen and in our case by this  avoidance the church be become a interest and a chattel and therefore one  jointtenant may release to another by reason of their privity although they  have no possession Fenner the release be totum position law distinction but  here he have no estate nor possession and therefore the release be void and to  prove that there be no estate nor possession it be prove by the plead of the  grant of the next avoidance for be show that the church become void and that  she ration to stretch out ad Self presentare and not by force whereof he be  possess and if none have the advowson which become void and the lord claim the  advowson yet he shall not have the present avoidance and as to the case of the  joyntenants one can release to the other for default of Owen er p possession  for the release wane by reason of their joint possession which be out of they  but release of the demandant to the vouchee be good by reason of the privity  of law that be betwixt they and in two h he who have right after the incumbent  be institute and induct may confirm his estate and therefore the release here  be good Anderson we be all agree that the release be void and give judgement  that the plaintiff shall be bar