case holland against DAUNTZEY and other a writ of error lie by those in  remainder to reverse a recovery after the death of the vouchee for that he be  within age and appear by attorney instead of guardian a to know facias shall  issue to the heir anon terretenants and if four he return and two of they  plead jointtenancy with other who be not warn it be have for the whole and  they shall all answer to the prror post bridge Henry Leon dyer hard lev side  keb ray Cro Jac Owen cro car more Carth viner palm roll Rep Bac ab Bac ab will  cruise on recov burr a entry die act of giving be birth prcedictis ind be a  good continuance although one of the party have appear el nothing to say ante  roll ab Mod will stram Com dig error to reverse a common recovery in  Lancashire the error assign be that the vouchee be within age and appear by  attorney where it ought to have be by guardian and he be dead the writ of  error be bring by those in remainder the court hold that it well may he assign  for error after his death for it be not like to error bring to avoid a fine  for here it shall not he try by inspection for the point of error be that he  be within age appear by attorney the plaintiff have a to know facias against  the heir of the recoveror and the terretenants the heir appear el nothing to  say and four terretenants be return warn t hey plead that two of they be  tenant of such land joint with a and b who be not warn nor name and demand  judgement of the writ c thereupon the plaintiff demurrer and this plea be  plead in Michaelmas term last the entry be die act of giving be birth  preceding until this term it be now move by coke attorneygeneral that this  jointtenancy be no plea first that jointtendney of parcel shall not abate all  the writ but only of that parcel as Edward Richard Jointenancy Henry pl ass  ass dyer copley case but nontenure of part at the commonlaw have abate all the  writ for that the demandant ought to have conusance who occupy the land and  another writ ought to be bring but of joint tenure he can know for the one  jointtenant may occupy the whole second the plea be not good for they all but  for he only who be tenant for that parcel as Edward and ass pl one can plead  misnomer of croak Elizabeth another three this plea of jointtenancy in this to  know facias be no plea for it be not to the writ for there be not any tenant  special name but they be only name in the sheriff return and when a to know  facias name terretenants there peradventure he who be name and come in by  garnishment shall plead his plea but not where the writ do not name any  special vide Edward Edward to know facias Henry where in a to know facias the  tenant ought to be name and there be not any reason the writ shall abate  through the sheriff default where the party himself be blameless and Henry be  good law where in a to know facias jointtenancy be plead and adjudge that it  shall abate the writ for the writ be not general Tanfield move that this plea  be good and shall abate all the writ for it be not like to a prcecipe quod To  give back for there the writ be several but the writ be here find upon a  record which be entire Andit be adjudge in chancery hetween Cavendish and  Morgan that in a to know facias upon a reconusance jointtenancy be plead and  it be adjudge that it shall abate the writ and so be Edward but it be thereto  answer that the reason there be because all shall he contributory to the  execution and afterward all the justice hold that jointtenancy be a plea in  this writ but only to that parcel and gawdy hold that the join in plea by the  other two do not make all the plea vicious but it be only of those two who can  not take advantage of the jointtenancy with the other two but Popham Clench  and Fenner hold tl at all the plea be vicious for this cause croak Elizabeth  er p it be then move that here be a discontinuance of the whole for the heir  here nothing to say so nothing ought to have be enter against he and not any  continuance but the da which be give birth preceding be intend only to those  tenant upon who plea it be demurrer and not to the heir so all be discontinue  but coke show that it be continue as well to the heir as to those who plead  for it be parlibus preceding ind c which be that day be give of advice to all  whether they shall answer to the error and if it he not a continuance it be  amendable because it be the default of the clerk and all except gawdy hold  that the continuance be well enough and need not to he amend but gawdy hold it  to be a discontinuance and not amendable because there ought to have be  several continuances but if it have be a continuance give to all and the clerk  have enter it for one and not for the other it shall he amend as Edward S but  the three other be against he they award the plea to be ill and that they all  shall answer to the error wherefore c