bishop OF Salisbury v Philip mich W rot Carth Lutw to salk salk in quare  hinder plaintiff executor count that a and b be seize in fee as jointtenants  of the advowson ut de young fig and by indenture agree from thenceforth to be  seize thereof as tenant in common and not as jointtenants and that they and  their respective heir shall present several and by turn and show several  presentation alternate c and then make title in himself under this agreement  the bishop claim title by lapse plaintiff reply that his testator present  synes within six month and the bishop refuse he defendant rejoin he give he  three day time to prepare for examination and be never come again without hoe  that the bishop refuse synes at the presentation of the testator after issue  join and a verdict pro quer and judgement in c b error be bring in this court  Carthew object that the plaintiff have no title for the agreement to present  by turn do not sever the right the indenture do not work a partition but a  agreement which be now break for which the plaintiff may take his proper  remedy holt CJ hold it to be a good partition the first time it be speak to  say that where the thing and the profit be the same a partition of the profit  be a partition of the thing afterward when judgement be affirm he say that a  composition may be either by record or by deed or by parole that if either  privy in blood as copartner or stranger in blood as tenant in common or  jointtenants agree by record to present by turn and one present the other be  not by a usurpation put to a quare hinder and that whether the presentation be  by one privy to the agreement or by a stranger vide west Inst that if either  privy in blood as parceners or stranger as tenant in common or jointtenants  agree by deed to present by turn the composition be good and if it be once  execute on all side he that bring a quare hinder need not mention the  composition vide die dly by holt KB parole for so a composition may be between  parceners but between stranger in blood composition can be without deed vide f  n b d f h b judgement affirm age