Burwell against Harwell in a replevin the case be short thus a man acknowledge  a statute and afterward grant a rentcharge the land be extend the statute be  afterward satisfy by march report er p effluxion of time and the grantee of  the rend do distrain and whether he may without bring a to know facias be the  question and the case be several time debate at the bar and now upon solemn  debate by the judge at the bench resolve but first there be a exception take  to the plead which be that the avowant say that the plaintiff take the profit  from such a time to such a time by which he be satisfy that be say to be a  plea only by argument and not a express averment and therefore be no good  matter of issue and of this opinion be justice heath in his argument but  Branston chief justice that it be a good positive plea and the plaintiff may  have traverse without that that he be satisfy modus form and in Plowd comment  in Buckley and rice Thomas case there ut cum tam how be good issue now for the  point in law justice mallet be for the avowant that the distress be lawful the  grantee march report of the rend can have a to know facias because he be a  stranger and a stranger can have a to know facias either to account or have  the land back again the case which be object by my brother roll videlicet e  title to know facias l Br to know facias Fitzherbert to know facias that the  feoff shall have a to know facias do not come to our case for here the grantee  of the rend be a stranger not only to the record but to the land which the  feoff be not further it be object that the grantee of the rend claim under the  conusor and therefore shall not be in a better condition than the conusor  there be diverse case where grantee of a rend shall be in better condition  than the conusor the Lord Mountjoyes case a man make a lease for year render  rend and afterward acknowledge a statute and afterward grant over the rend now  it be not extendable beside it be object that if this shall be suffer it will  weaken the assurance of the statute and disturb it I agree that may be but if  there be not any fraud nor collusion it be not material and then he be a  stranger if he can have a to know facias he may distrain it be a rule in law  quod remedy to set down self re valet si offense absit h where there be no  action to avoid a record there it may be avoid by averment c e Rep Elizabeth  Syers case a man indict of felony do the first day of may where it be not do  that day he can have a averment against it but his feoff may h the king grant  my land unto another by patent I have no remedy by to know facias e Br  Fauxifer of recovery f n b e by e a a man grant a rend and afterward suffer a  recovery the grantee shall not falsify the recovery because he be a stranger  to the recovery but he may distrain which be the same case in effect with our  case for which cause I conceive that the distress be good and that the  replevin do not lie justice heath the distress be unlawful for he ought to  have a to know facias clear the conusor ought to bring a to know facias see  the statute of e Fulwoods case Rep r h and the reason why a to know facias be  grant be because march report that when a possession be settle it ought to be  legal evict beside it do not appear in this case when the time expire beside  cost be to be allow in a statute as Fulwoods case be and the same ought to be  judge by the court and not by a jury which be a reason which stick with I see  the statute of h it be object that the grantee of the rend can have a to know  facias it will be agree that the conusor himself can enter without a to know  facias and I conceive a strong not the grantee of the rend I do not say here  there be fraud but great inconvenience and mischief if arrearage incur for a  great time as in this case it be shall be all levy upon the conusee for any  small disagreement as for a shilling without any notice give to he by to know  facias and he shall be so oust and can not hold over I hold that of necessity  there ought to be a to know facias and he ought to provide with the grantor to  have a to know facias in some fit time but I hold that the grantee here may  well have a to know facias I agree the case where it be to avoid a record  there ought to be privity as the book be but here be do not avoid the record  but allow it for the to know facias ought to be only to account e the second  conusee of a statute shall have a to know facias against the first conusee and  I conceive that by the same reason the grantee of the rend here shall have it  and in that case there be no privity betwixt the first conusee and the second  conusee for which cause he do conclude that the distress be unlawful and that  the replevin will well lie Branston chief justice for the avowant that he may  well distrain and can have a to know facias but if he may have a to know  facias yet he may march report er p distrain without it there be no authority  in the law direct in the point in this case I agree that if there be any  prejudice to the conusee there it be reason to have a to know facias it be  object that it be a constant course to have a to know facias in this case but  I believe you will never find a to know facias bring by the grantee of a rend  or other profit apprender beside the best way to judge this case be to examine  what the to know facias be which ought to be bring and march report what the  judgement be which be give upon it whether he may recover the thing in demand  or not with e Fitzherbert to know facias l e which be bring to have account  and to show cause wherefore he shall not have the land see Fitzherbert to know  facias v the old entry the judgement which be give thereupon and the demand  there be quod tenement Prd redeliberatur and may the grantee in this case have  the land and thing in demand certain not and that give sufficient answer to  the case object by my brother heath where the second conusee shall have a to  know facias against the first beside you shall never find in all our book that  a man shall have a attaint or a writ of error but he who may be restore to the  thing lose by the judgement or verdict r dyer Rep the Lord Sanchars case so in  debt and erroneous judgement upon it wherewith agree doctor Druries case Rep e  the feoff shall have a writ of error because he shall have the land and see e  to know facias l and the grantee shall not have a writ of error in this case  upon erroneous judgement and for the same reason he shall not have a to know  facias and the grantee can have a to know facias for want of privity and  therefore I conclude that he can have a to know facias for if he may certain  it will have be bring before this time either for this cause or for some other  profit apprender it be object that he shall not be in better condition than  the conusor that be regular true as to the right but he man have another  remedy it be object that the reason why that a statute without a to know  facias shall not be defeat be because he be in by record and therefore shall  not be defeat without record but that be not the true reason but the reason be  because the conusee ought to have cost and damage beside his debt as be  Fullwoods case Rep and h be that the chancellor shall judge of the cost and  damage but e e to know facias by all the judge that they lie in averment but  here a inconvenience be object that great arrearage shall be pub upon the  conusee for a little mistake to that he say that of a small mistake the march  report court shall judge and it shall not hurt he but if be hold over be  double satisfy it be reason that he pay the arrearage and he put this case a  man acknowledge a statute and afterward make a lease to begin at a day to come  the lessee shall have a to know facias for where remedy do fail the law will  help he for which cause he conclude and give judgement for the avowant trin  car in the king bench