case kemp against andrews Michaelmas term will mary roll to a special action  on the case bring by the survivor of joint partner on the joint property the  defendant may plead in abatement the jointtenancy and that there be no benefit  of survivorship and therefore the executor of the decease partner ought to  join SC ante SC ray Ent SC holt SC lev SC Carth SC Mod SC salk specialty  declare that the plaintiff and g n and I p who the plaintiff survive in the  life of g n and I p be at Mecho in birth beyond sea videlicet at saint Helen  in warda de c possess of the good and chattel follow c to the value of fifteen  thousand pound as of their proper good and chattel and some good be at Mecho  aforesaid be a infidel country in Africa and inhabit by barbarous people  videlicet at London aforesaid be direct order and appoint to be load and  transport in and upon the ship of the plaintiff and g n and I p call the  straight merchant usque et ad port de London and that no other proper or  possible mean then or ever after can he have for the transport of the say good  than in and upon the say ship that the say ship be then and there ready and  fit to receive and transport the say good accord to the appointment aforesaid  a SC sand b SC Freem lev c SC salk it be say that the plea will have be good  in abatement but see   light a hall v Huffam lev smith v Milward Lutw Martin v  crump salk shower KB er p that the say good by reason of stay there shower KB  be expose to manifest and undoubted peril of capture and spoliation by the  barbarous inhabitant aforesaid that the defendant know the premise and  malicious intend to deprive the say plaintiff and g n and I p of all mean for  transport the say good and all profit of the same and the same to expose to  the rapine and spoliation aforesaid do with force and arm take the say ship  and carry her to place unknown c by reason whereof the good necessary remain  there and thereby by reason of capture and spoliation aforesaid the good be  spoil damnified utter lose ad damnum of the plaintiff ten thousand pound the  same plea as above plead the same demurrer and the same judgement for the  plaintiff