ccxxxiii grey a bencher OF the temple case grey a bencher of the temple case  be this it be find by office that one h be seize in fee of certain land call  drainers and Codred alias Codreth in the county of Hertford in his demesne as  of fee and thereof feoff certain person unto the use of himself and whether  Capel with who he afterward intermarry and of the heir of their two body beget  and of such estate die Leonard seize and far it be find that the say h be also  seize of other land in Barmesden in his demesne as of fee and therefore die  seize and now come grey into the chancery and show that the say h be seize of  the say land call drainers in his demesne as of fee and thereof feoff certain  person unto the use of himself and the say whether Capel for the term of their  life and afterward by his indenture date the of December and enrol bargain and  sell the reversion thereof to the say grey c by force whereof c without hoc  that he be seize in tail and without hoc that he thereof die seize in his  demesne as of feetail as it be find by the say office and for the land in  Barmesden be say that the lady judde be seize thereof for the term of her life  the reversion to the say h in fee who grant to he the say reversion in fee c  without hoc that be die seize in his demesne as of fee c and upon that the  queen attorney join issue and the venire facias issue de Cottred Barmesden and  the jury find that h do not make the feoff to the use of himself and whether  his wife in tail and far find for grey in all c and it be object here that the  same be not a good and lawful trial for the land be allege to be in Codrett  and the venire facias be of Codred c and although the venire facias be well  award as unto Barmesden yet be nought in part it be nought in all which be  grant by the whole court and then a new venire facias shall issue forth for  the whole another objection be because he plead that the lad judde be seize of  that land for the term of her life in which case grey who be in reversion  ought not to be admit to this traverse because that tenant for life for any  thing that be plead to the contrary be yet alive and it be clear that none  shall be put to his traverse but the party grieve and here be in the reversion  upon a estate for life can be restore to the possession and by consequence  shall not have traverse see for that h and ass c the seize in tail ought to be  traverse and not the descent or die seize for if they be seize and seize and  so die the queen shall have the ware coke contrary for Codred and Cottered  idem sonant c and although that it be find by office that h be seize of land  in Codred alias Codreth yet the defendant supply the say matter for he say  thus as unto the land in Codred prediction which word import that the say land  be know by the one name or the other for this word prediction be as a averment  which see h Br averm and so here this word preceding be a averment that  Cottered and Codred be one and if so then the venire facias be well award the  statute of h give traverse to those who find themselves grieve by such office  or which be put out of their land or tenement and we be within the word of it  for upon the whole matter we be out of possession as it be rule in the case of  one Stukele in the court of ware the last term if it be find by office that a  die seize of my manor and that he hold the say manor of the queen now I be out  of possession and for that cause the bargain and sale of dorrel to sir Francis  Walsingham be hold void by the whole court and h traverse be give in lieu of  petition but he in Leonard er p the reversion may have petition therefore be  shall be also admit to traverse and this case may be resemble to the case of e  where a praecipe be bring against tenant for life and be in the reversion for  life pray to be receive it be say by Thorp that be not within the case of the  statute for he be tenant only in the remainder and it be possible that neither  shall have any thing and the statute speak only of reversion and yet it be  award that he shall be receive otherwise great prejudice will follow and here  we be at prejudice for now by reason of this office we can have our action of  waste also here we deed not to Leonard traverse the die seize in tail but it  be sufficient to traverse the gift in tail for if there be not a gift in tail  it be not possible that he shall die seize in tail which see e by Laicon gawdy  justice conceive that the trial be not good for the venire facias be not from  the place where the land be and this word preceding do not amount to a  averment and the case cite before be but the opinion of brook Wray say that as  to the first exception that it be good enough for both the name idem sonant  and as to the office by that the queen have gain possession so as be who  traverse can have a action of waste and so be be prejudice by the office c  mich Elizabeth in the king bench