AMPCOTS against AMPCOTS Siderf pl formedon error of a judgement in c b  Newdigate for the plaintiff its error of a formedon in remainder where the  plaintiff count on a feoff h by Alexander Ampcots and set forth the death of  the issue in tail to which the defendant a infant by guardian plead that she  be seize in fee and induce it by conveyance and pray the parole may demurrer  the guardian die other be make the demandant counterpleads the age as in the  count and pray she may be oust and by judgement the defendant be oust of her  age and the judgement there hold peremptory by the whole court of c b which he  conceive to be but a respond ouster and this be but a special verdict be say  to be all one with a general verdict also that action upon the case lie  against guardian if he do not pray age when he ought but Inst he shall have  age in cessavit in his own time also this verdict be no more then a demurrer  in which case it be there agree the judgement shall not be final the truth of  the case be alike disclose in both also issue upon a collateral point be not  peremptory as utlary also this be a delay without a contempt therefore not  peremptory Cr also because the plea be true also recovery be good by guardian  because action upon the case lie against he but here it will be no remedy  because one guardian plead the plea and another prosecute Edward age Br  peremptory Br Edward pl must be understand that such plea be peremptory only  against the age voucher insist on in c b this be in lieu of a peremptory also  this delay be by the demandant himself for four term else the tenant may have  have judgement the same term of his age latch or to be oust also the demandant  himself pray only that the tenant may be oust of his age Jones for the  defendant in the error tenant in the formedon the difficulty rest chief on the  traverse take the case be that in a formedon the demandant do counter plead  the age and upon matter of fact arise a issue be join and find object of hope  Keble cially and now he conceive the judgement must be peremptory for in all  plead in abatement the prayer be only quod breve empty yet the court give  judgement peremptory or not as the law stand l Edward b its lie down as a rule  that issue join in all action be peremptory to the tentnt if of full age and  there be no difference warrant by any authority of a infant from another man  and particular instance of this rule be that of the counterplea of voucher  which on demurrer be not peremptory W cap unless in another term since that  statute and be it a plea in bar the demurrer will be peremptory also likewise  issue on excommunication Edward be peremptory in every dilatory plea h issue  against tenant be peremptory but on demurrer only such plead as be puis dar  continuance plead after issue be peremptory l Edward Edward Yelverton some  book make infancy try by inspection not peremptory Edward issue age but strong  imply that trial per paijs be because more dilatory and lie more in the  knowledge of the party and his counsel the court agree the rule that plea in  abatement on issue be peremptory also the prayer can be otherwise then breve  empty the tenant plea be that the demandant be seize in fee without hoc that  he be seize in tail issue thereon find for the plaintiff judgement affirm nisi