coke a butt case Trin Elizabeth in the common plea if a man seize of blackacre  in fee and also possess of Whiteacre for year by his deed grant a rend out of  both to a to have and perceive to he for the term of his life with clause of  distress in both a may distrain in Whiteacre for rend arrere and resolve coke  report b er p if lessee for year of land grant a rend out of the say land for  the life of the grantee such grant be good during the term if the grantee live  so long but the grantee have but a chattel if lessee for year of land grant  the land for the life of the grantee the grantee have the whole term if he so  long life grant out of land in fee and out of land for a term of ear of a rend  for the life of the grantee the rend issue only out of the land in fee in the  principal case Whiteacre during the term be subject to the distress although  the rend do not issue thereout if a man grant a rend out of the manor of d and  further grant that if the rend he behind the grantee shall distrain for the  same rend in the manor of S it be but a penalty in the manor of S and not a  rend issue out of it if the manor of d out of which the rend be grant be  recover by eigne title all the rend be extinct but if the manor of S in which  the distress be limit be evict the whole rend remain if the grantee purchase  parcel of the manor of S the rend be not extinct in the principal case the  avowry be adjudge to be insufficient because the avowry do not make mention of  any land but of the land in which the grantor have but a lease for year  because the avowant have plead the grant out of the term for year only  conclude army pron  interrog  he be seize in his demesne as of freehold for  term of his life which be repugnant in a replevin between fish and butt the  case in effect be one seize of Blackacre in fee and also possess of Whiteacre  for year by his deed grant a rend out of both to a to have and perceive to he  for the term of his life with clause of distress in both and for rend behind a  do distrain and avow in Whiteacre and if the distress be well take or not be  the question and it be agree by the whole court that the distress be well take  and in this case these point be resolve that if lessee for year of a carve of  land grant to another a rend out of the say carve for the life of the grantee  that it be a good charge during the term if the grantee so long live for the  grant shall be take more strong against the grantor and shall not be void when  by any construction it may be make good vide blow comment in Welchedens case  and in such case the grantee have but a chattel so if the lessee for year  grant the carve of land to another for the term of his life he have the whole  term if he live so long as well as in the case of a devise it be resolve that  when a rend be grant out of land in fee and out of a term for year to have and  perceive to the grantee for the term of his life that this as a estate of  freehold accord to the purport of the deed can issue out of the term for year  but out of the land which the grantor have in feesimple only because the  freehold of the rend can issue out of that and not out of the chattel and one  entire rend can be a freehold out of blackacre and a chattel out of Whiteacre  and to make two rend when one only be grant by one to another will be in this  case injurious and the bargain and mutual agreement coke b of the party can  charge such thing with rend which be not a   light a   a a palm   light b a  roll Cr James more sand Raymond Cr Elizabeth Br rend Br tenure Br assize  resolution a Chargeable by the law as out of a hundred or advowson lib  Assisarum pl out of a fair e to know facias the earl of ken case neither can a  rend be grant or reserve of any estate of freehold out any other hereditament  which be not manurable either in possession reversion or by possibility but be  hreditamentum incorporeal for bargain private citizen non derogant law common  and in a assize they can be put in view nor can any distress be take in they  but in the case at bar Whiteacre be hreditamentum corporeal and manurable but  for the smallness and incapacity of the interest that the grantor have in it  this rend of freehold can issue thereout but shall issue only out of the land  in feesimple and in the case at bar in a assize bring of this rend the land in  fee shall only be put in view but if the grantee accept a lease or grant of  Whiteacre it will not suspend his rend it be resolve that Whiteacre shall  during the term be subject to coke report a er p the distress of the grantee  for the rend during the year although the rend do not issue thereout as in  Edward when land be charge with a rend in fee good b   light a b b and chattel  may be bind to the distress a vide note a jewel case   a a and it be say  forasmuch as Whiteacre be only charge with distress if the grantee take a  lease of any part thereof it be no suspension of the distress but that he may  distrain in the residue for it be not issue out of the land but to be take on  the land as if I have a warren in another land and take a lease of parcel of  the land although the land be charge with warren yet forasmuch as it do not  issue out of the land it be not any suspension vide c   b die pl day b Poph c  h a h c for a man may have a warren in his own land so he may in many case  distrain in his own possession as in e distress and h per curian one tenant in  common may distrain the cattle of the other in the land which they have in  common and h he may prescribe to distrain in his own land but not to have a  rend out of his own land d   light a roll d if a man by deed grant a rend of  forty shilling to another out of his manor of d to have and perceive to he and  his heir and grant further by the same deed that if the rend he behind the  grantee shall distrain in the manor of S be the manor of S in the same county  or in another and be it grant by one or diverse deed the rend be only issue  out of the manor of d and it be but a e   light a roll e penalty that he may  distrain in the manor of S but both the manor be charge one with the rend the  other with the distress for the rend one issue out of the land the other to be  take on the land coke a and if I grant unto you that you and your heir shall a    light a a roll light sect h a die pl ass pl more blow a a distrain for a  rend of forty shilling within my manor of S this by construction in law shall  amount to a grant of a rend out of my manor of S for if it shall not amount to  a grant of a rend the grant shall be of little force or effect if the grantee  shall have only a bare distress and norent in he for then he shall never have  a assize thereof c and that be the reason that it be often rule and resolve  that it shall amount to a b light sect b grant of a rend by construction of  law ut res to greater extent to be strong Edward ass pl ass pl e title grant  be Edward ass pl ass pl Edward h h a h light b and in such case the grantee  shall not have a writ of annuity but when one grant a rend out of the manor of  d and further grant that if the rend he behind the grantee shall distrain for  the same rend in the manor of S it be but a penalty c roll   light c in the  manor of S for three cause the law d   light a d need not make construction  that it shall amount to a grant of a rend for here a rend be express grant to  he issue out of the manor of d and the party have express limit out of what  land the rend shall issue and in what land the distress shall be take and the  law will not make a exposition against the express word and intent of the  party when it may stand with the rule of law e wing Max   light a sand e how  often in word no one be ambiguity of meaning there no one exhibition  contraverba to press out fiend be f   light   b f if in that case it shall  amount to a grant of a rend out of the manor of S then the grantor will be  twice charge for if the grantee bring a writ of annuity that will extend only  to the manor of d for on the grant of a distress in the manor of S no writ of  annuity lie because the manor of S be only charge and not the person of the  grantor as to that and therefore the bring of the writ of annuity can  discharge the manor of S of any rend and so the law by construction against  the word and intention of the party will do a coke report b er p injury to the  grant or to charge he twice g   light a g if in such case the manor of S in  which the distress be only appoint shall be in another county then it have be  often adjudge that the rend shall not issue out of it but the distress shall  be as a mean and remedy to compel the tenant of the land to pay the rend and  it be say that there be no difference in reason that the law in construction  shall make the rend to he issue out of it when it lie in the same county and  not when it lie in several county for the word in both case be all one and it  be not any reason to say that he shall fail of coke b recovery by assize vide  above in Bulwers case and the book in I ass pl Edward and other book do not  say that the rend issue in such case out of both but that the land in which  the distress shall be take be charge and that be true for it be charge with  distress and forasmuch as it be charge with distress their opinion be that the  tenant of both shall be name in the assize see the book in Edward ass pl  Edward ass Edward Edward ass ass ass h ass ass pl Edward ass and the opinion  of Finchden in Edward be affirm for good law that if the manor of d out of  which the rend be grant be recover by eigne title that all the rend be extinct  b but the grantee shall have a writ of annuity   Litt a b but if the manor of  S in which the distress be limit be evict yet the whole rend remain so if the  grantee a   light a a purchase parcel of the manor of S the rend be not  extinct because the rend issue only out of the manor of d vide Edward the like  case and it be say that if a man b oh light b b grant a rend out of three acre  and further grant that if the rend he behind that he shall distrain for the  rend in one of the acre the rend be entire and can be a rentseck kelw a    light a Perk sect out of two acre and a rentcharge out of the three acre and  therefore it be a rentseck for the whole and yet he shall distrain for it in  the three acre so if a c   light b c rend be grant to two and their heir out  of one acre of land and that it shall be lawful for one of they and his heir  to distrain in the same acre for it it be a rentseek for in regard they stand  joint seize of one entire rend it can be as to one a rentseck and as to the  other d   light b d a rentcharge and this distress be as appurtenant to the  rend and therefore if he who have the rend die the survivor shall distrain and  if both grant over the rend to one he shall distrain for it e   light b e but  if a man grant a rend out of blackacre to one and his heir and grant to he  that he may distrain for it in the same acre for the term of his life it be a  rentcharge for his life and a rentseck afterward to visit time otherwise f    light b bridge avowry insufficient a avowry ought to contain sufficient matter  upon which the avowant may have judgement to have a return Vid n potter v  north sand b f be it if the distress be limit for certain year in the same  land there it whole remain a rentseek because the fee and freehold be seek in  such case but it be adjudge in the case at bar that the avowry be insufficient  for diverse cause because in the avowry he do not make mention of any land but  of the land in which he have but a lease for year know quod to go away extra  earth that inter alian a certain return c whereas in his avowry he ought to  have derive the rend out of the land in feesimple only for out of that in  judgement of law the rend for life be issue and although the plaintiff in bar  to the avowry have disclose the whole truth of the matter in special which in  judgement of the law make for the avowant and have make his case coke a better  for he than the avowant have make it for himself yet that do not make the  avowry which want substance good for the avowry which be in the nature of a  count ought to contain sufficient matter upon which he may have judgement to  have a return but if the avowry or any count or replication c want form or  omit circumstance of time place c there the plea of coke report b er p the  other party may amend such imperfection a e b Doct pl   light b   b and infra  hetl Cr car h b kelw a a but can supply the defect of matter of substance vide  Edward b h Edward b e blow Com Barkleys case h and e h b h b c the avowant  plead the grant out of the b Doct pl before a b term for year only and  conclude army pron  interrog  he be seize in of his ut de book tenement pro  boundary vit sum which be repugnant to have a freehold out of a term for year  and so judgement be give against the avowant for insufficient plead c Vid the  case collect Com dig pleader c and Vid brook v brook side trespass for take a  hook without any averment of property or possession of the plaintiff defendant  in his justification aver that he take the hook out of the hand of the  plaintiff verdict for plaintiff and on motion in arrest of judgement the court  hold that the defendant by his special plea have make the declaration good so  where the declaration in debt on bind omit the word write Obligatory and there  be no averment that defendant seal the write the defendant pray oyer of the  condition of the say write Obligatory and plead payment after verdict the  court on error bring for this omission affirm the judgement because the plea  admit it to be a bind Courtney v Greenville cro car Vid n cabell v Vaughan  sand n cutler v southern sand b post dr Bonhams case Rep b turner case Rep b  steph on plead c case OF quare hinder