Camblyn versus Handredum de tender Trin James rotulo the plaintiff in his  declaration have mistake to allege the very day of the robbery for he show the  robbery to be commit in October where in truth it be commit in September and  the court be move that the record which be take out for trial but never pUtiD  may be amend for the notice give to the hundred as the record be will appear  to be before the robbery and they grant that it shall be amend action in  partition the process in partition be summons attachment and distress and the  process be returnable from fifteen day to fifteen day and if the writ be bring  against two or more several essoins will lie but no view and the sheriff upon  the distress be compellable to return the value of the land from the testae of  the original until the return thereof and if the writ be against two or more  defendant and only one appear the plaintiff can Brownlow goldsborough declare  against he until the residue of the defendant appear and partition lie by the  statute of h cap between jointtenants tenant in common tenant for life or for  year but at the commonlaw partition be only between coparceners his petition  be no plea in partition and in this action there be two judgement the first be  that partition shall be make and if the plaintiff die after the first  judgement and before the second judgement the writ shall not abate but his  heir shall have a to know facias against the defendant to show cause why  partition shall not be make and a writ of partition will not lie of the view  of frank pledge and the death of one of the defendant abate the writ and note  the plaintiff may have a general writ bat a special count and if the dependent  confess part and plead quod non tenet accuse pro undivided for the residue the  plaintiff may have judgement upon the confession and a writ to make partition  upon the confession before the trial and afterward try the issue for the  residue or else he may respite his judgement upon the confession until the  issue be try but this be dangerous for if the plaintiff be non suit at the  assize then the whole writ will abate and if the sheriff return the tenant  summon when in truth he be not a action of deceit lie not but a action upon  the case because the plaintiff shall not recover the land by default and you  shall never have a writ of partition against one where he can have one against  the other thirteen man join in a purchase of a manor the conveyance be of the  moiety to one of they in fee and the other moiety to the other twelve man in  fee the twelve make a feoff to one of twelve Brownlow goldsborough er p  several tenement and land and that feoff make twelve several feoffnients to  those twelve man now the thirteenth man which have the other moiety bring one  writ of partition against they all pretend that they hold accuse pro undivided  and by the opinion of the whole court it will not lie but he ought to have  bring several writ and mich Jacob in partition because both of they be in  possession he that be not prohibit may cut down all the tree and no estopment  will lie error in partition upon the first judgement