case arnold against Bidgood Hilary term James roll a grant of all his right  title and interest in the tithe aforesaid will pass a lease of the tithe which  the grantor have in right of his wife cro Elizabeth dyer   light Plowd Bl Rep  will in debt on Edward c for tithe claim under a abbey lease the lease be only  inducement to the title the statute of jeofail extend to a collateral issue on  a penal statute dougl debt upon the statute Edward c for not set out tithe the  case be a man be possess of a lease of tithe in right of his wife as executrix  to her former husband grant totum law distinction et interest suum de et in  Decimus prediction after verdict for the plaintiff who claim under the say  grant it be move in arrest of judgement that the declaration be not good  because the plaintiff have not set forth any good title to enable himself to  the tithe and the yearbooks Edward pl and Henry pl be cite to that purpose the  court unanimous resolve that the grant be good and the lease he have a see   b  barn dougl term Rep croak James er p in the tithe in right of his wife do  thereby pass for he grant totum law distinction et interest suum de et in  Decimus prediction and by Doderidge the word suum do import a property in  possession and be all one as if he have special name the same in the grant nor  can it be more certain name or express there be then a objection make out of  the proviso in the statute for dissolution that all lease make by a abbot  within a year before the dissolution shall be void and this lease be pretend  to be so and therefore void but it be thereto answer that here the issue be  only whether he be discharge of tithe or not and the jury give their verdict  direct that at the time of the dissolution there be not any discharge of tithe  and this lease be but a inducement only to the title of the plaintiff the  issue therefore be well enough but if in this case there have be any  mispleading or mistrial the court hold clear it be aid by the statute of Henry  and Elizabeth c and can be quash after verdict whereupon judgement be give and  enter for the plaintiff