CLIFFORDES case in ejection cbstodice terrce et hoeredis though it do not lie  for the hear if the jury assess entire damage the plaintiff release they may  have judgement for the land Cliorde bring a writ of ejectioncc custody terrce  et heeredis c and count accord and issue upon the traverse of the tenure be  try at nisi prius for the plaintiff and damage assess accord and in arrest of  judgement it be move that the action do not lie for the custody of the heir  but for the ejectment from the custody of the land only and so be the register  for dyer a er p and h e Fitzherbert eat title brief and two precedent in the  time of h Liz in the year I h where the writ dyer be of ejeGtfone term hcered  without el and the issue he do not eject for no vam et Iris be in the writ and  because in the case above the damage and cost be assess entire for the  ejectment from the land and heir the plaintiff relinquish the damage and pray  judgement for the ejectment from the land only and have it the wardship and  marriage of the heir only can be grant without deed the ware and marriage of  the heir only can be grant or assign over by parole without deed by the  opinion of Wray dyer Gerrarde and Kingesmill and so Parkins think a and b be  bind joint and several for the debt of a without say that b be surety pledge  acquietandis will not lie though the jury find that he be only surety two man  be bind joint and several for the debt of one of they and the surety be sue  and request the principal debtor to acquit he but he do not wherefore the  surety by conviction of the law pay the debt Quaere whether he shall have a  writ de Alexis acquieta ?d and by the opinion of the court that writ do not  lie in this case nor in any case without express name of surety or fidejussor  in the write as be m e of a promise by parole in city or borough by  prescription and here the two obligors be proper debtor by their bind and not  surety the one for the other therefore c although it be find by verdict that  the plaintiff put himself in pledge for the defendant against the debtee yet  he can have judgement