coke b HELYARS case hill Elizabeth in the king bench he who claim a lease for  year by a elder grant ought not to traverse a late grant but the other party  ought to traverse the elder grant or show how the grantor be enable to make  the second grant otherwise in the case of a feoff SC moor cro Elizabeth Yelv  keb light Rep Doct pi vent Cr car Cr James Bulst Helyar plaintiff in replevin  against Whitier the defendant make conusance as bailiff to sir John Harbert  master of request because Richard arch be prebendary of t and I e lease the  land where c to John arch for ninety year who Elizabeth grant the term to  Johan arch who Elizabeth grant it to Sadlier who grant it to sir John Harbert  and make conusance for damagefeasant the plaintiff confess the assignment to  John arch prout c but further say that Johan take to husband one tar who  Elizabeth grant the term to the plaintiff and traverse the grant make to  Sadlier upon which the avowant demurrer and it be adjudge that the traverse  make the bar to the avowry insufficient and Popham chief justice deliver the  reason thereof because a lease coke a for year can be gain but by lawful grant  and therefore when one claim a lease for year and the other claim by a elder  grant there he shall a Cr James Cr car more Yelv side dyer pi Bulst sand Cr  Elizabeth Doct pi kelw Wilson a not traverse the late grant but the other  party shall traverse the elder grant or show how he come to it again to enable  the second grant but it be otherwise in case of a feoff for there if the other  party claim by a former feoff he ought to confess and avoid the late feoff as  by seize c for a seize may gain a estate in fee but none can gain a estate for  year but by lawful conveyance a but it seem that there may be a tort executor  of a term mayor c of Norwich v Johnson lev a and so be the difference hob and  when be claim by a former assignment of a term it will be impertinent to  traverse without hoc that he after that assign his interest for peradventure  be assign all his interest and yet have nothing therein vide Edward Br title b  Cr car Yelv b confess and avoid b Vid note p porter case Rep a and the  authority cite there b coke report a er p