case hains barleys case in what case a deed may be produce in evidence without  be prove ejectment for land in Essex try at bar the plaintiff claim as heir at  law to one James wade who have issue William wade and one daughter who be now  the lady bash and lessor of the plaintiff William wade have likewise issue one  son and two daughter who be all dead without issue the defendant make a title  under a conveyance by lease and release date the twentyfirst of may in the  twentyfirst year of Charles the second and make between William wade of the  one part and hains barley and John turner of the other part by which the land  in question be settle upon they and their heir to the use of William wade for  life so to his first second and three son in tailmale like remainder to John  William hains and Charles barley remainder to hains barley the father  remainder to the right heir of William wade for ever the plaintiff then  produce a deed make in the year between the say James wade of the one part and  Charles mordant and his wife and John mordant of the other part which deed be  attest by three witness two of which be prove to be dead and the other can not  be find by which deed it appear that a fine be levy and the use thereof be  declare to James wade for life remainder to his first son and the heir male of  his body so to his second three and all other the son of the say James wade in  tailmale remainder to the issue female then to the wife of William mordant for  life remainder to Charles mordant and his heir for ever so that William wade  be tenant in tail and can not bar the remainder without a recovery which be  then produce and a deed to lead the use thereof and modern livery and seize  endorse to make a tenant to the praecipe but it happen that one Frances  Douglas have at that time a estate for life in these land as her jointure but  the jointuredeed can not be produce but they prove that in she levy a fine sur  to go away and demise the same to one woolly for ninetynine year if she live  so long for secure the payment of four hundred pound which mortgage be  afterward assign to one Monteatz and both of they join in a lease to William  wade for sixty year if the say Frances live so long under the yearly rend of  two hundred pound this be admit to be a sufficient proof of the jointure and  to the like purpose they produce deposition in chancery which they offer to be  read the bill and answer be take off the file and lose but they offer to give  a account that it be once file which be by the six clerk book and produce a  enrolment of the decree which mention both bill and answer and the court be of  opinion that the jointure deed be lose they may supply the proof by memorial  thereof since it be impossible to show the deed itself so the plaintiff have a  verdict for so much as be in jointure