case neve against line Michaelmas term pound Elizabeth roll a assumpsit may he  maintain upon a promise in consideration of a submission without add to stand  to the award c for it shall he intend a absolute submission ante salk error  upon a judgement in a assumpsit in the common plea the error assign be that  there be not a sufficient consideration to maintain the assumpsit for the  plaintiff declare whereas there be diverse controversy betwixt the plaintiff  and I S the defendant in consideration that the plaintiff will submit himself  to the arbitration of I d for those matter assume c and allege that he submit  himself and that the defendant have not perform his promise c Atkinson move  that this be not any consideration for it be not of any value for although he  submit himself he may revoke it the next day or present but if it have b en in  consideration that he will submit and stand to the award of I d it have be  otherwise but all the court contra for it shall he intend a submission with a  avoid to the award for so be the intent of the party and if he have revoke it  the defendant ought to have plead it otherwise it shall not he intend  wherefore the judgement be affirm a it be at length determine that this  statute be a public Act and that court will take notice of it although it be  not plead d term Rep croak Elizabeth er p oland v Burdwick croak and Elizabeth  er report date case oland against BURDWICK Hilary term Elizabeth roll see SC    Rep a e r with note if a feme copyholder durante v iduitate sovus the land and  before severance take baron the lord of the manor shall have the crop but not  if it be in the hand of her lessee ante post   light b gold   a more roll Abr  I Com dig Bl command dougl trespass upon a special verdict the case be a feme  copyholder durante widowhood after the custom sovus the land and before  severance of the corn take baron who shall have the corn be the question  betwixt the baron and the lord of the manor and after argument it be adjudge  for the lord the defendant that he shall have the corn by the opinion of  Popham and Clench to speak against Fenner et gawdy for Clench say there be a  difference when the estate of he who sovus the land be determine by his own  act by a casualty and when by the act of the law or by another man and  therefore in this case if the feme have let the land and the croak Elizabeth  lessee have sow it and afterward the feme have take baron yet the lessee shall  have the corn but if the determination he by the act of he who sovus the land  it be otherwise as if a lease he make upon condition that he shall not commit  waste the lessee sovus the land and afterward commit waste the lessee shall  lose the corn which case Popham agree and he further say if tenant at will  sovus the land and afterward determine his estate by his own act by disagree  to the lease or otherwise the lessor shall have the dorn but it be not so when  his estate be determine by the act of the lessor and if tenant for life sovus  the land and surrender or make a feoff and the lessor enter he shall have the  corn whereto Fenner agree so it be here when the estate of her who sow the  land be determine by her own act for willing non sit in an unjust manner  Fenner contra the difference will he when the estate be determine before the  severance by uncertainty by the forfeiture of the lessee or for a condition  break so as the lessor enter for a tort do or by title paramount the lessor  shall have the corn and when by limitation of the estate as here and therefore  if a lease he make to baron and feme during the coverture and the baron sovus  the laned and afterward he sue a divorce yet he shall have the corn which  Popham and Clench agree for that it be not mere by the act of the party but by  the judgement of law Fenner if a lease he make for seven year upon a condition  on the part of the lessee at the end of the seven year to he perform to have  it for life the lessee the last year sovus the land and perform not the  condition yet he shall have the emblements but Popham and Fenner deny it and  judgement be give for the defendant vide Henry pl Edward pl Edward trespass    Warner and Collins case croak and Elizabeth er report date case warner and  collins case forcible entry v I et arms without manu strong be have ante hawk  burr Bac Abr dalt who be indict upon the Henry c and because it be not allege  to he manu strong although it be way arms the indictment be rule to he  insufficient and the party be discharge Jeremy v Lowgar croak and Elizabeth er  report date case Jeremy against LOWGAR a husband seize of leasehold land in  right of his wife may maintain a action in his own name against the lessee for  year for burn the premise post lev cro car dougl car action upon the case and  declare whereas he be seize of land in right of his wife for the life of the  feme of a lease by I S and they let it to the defendant croak Elizabeth er p  for year the defendant have burn the house and thereupon the action be bring  the defendant plead to issue and find against he and it be now move in arrest  of judgement first that this action lie not in regard it be the plaintiff  folly to make a lease and not provide by covenant otherwise that the lessee  shall not commit waste which be the reason that the lessor have not any action  at the commonlaw to punish waste but Fenner and Clench Popham and gawdy send  away hold the contrary by reason of the charge wherewith he be Chargeable over  second it be move that if a action do lie yet this be not maintainable by the  baron only without his feme for the tort which be do be do to the estate which  he have in right of I his feme and croak Elizabeth she be to have the loss  videlicet of the land as also to answer the damage if she survive her husband  and it may be the baron shall never he at any loss for it may happen that the  action will not he bring against he in the life of the feme and then he be not  Chargeable and it can never he bring against he alone wherefore it be reason  that the leme shall he join in this action but the court doubt thereof et  adjournatur burrow v tailor croak and Elizabeth er report date case burrow  against tailor Trinity term Elizabeth roll a lessee of the king must pay his  rend without demand at the exchequer but if the king grant the land in  reversion the rend must he demand on the land before the patentee can enter as  for a forfeiture on nonpayment   light b   a more dyer dougl ejection firm  upon a special verdict the case be that the queen let land in Brewern to the  defendant for year render rend ad retreat scaccarii at westmon seu ad manus  receiver well ballivorum our permissor pro tempore existence annuatin solvend  with a proviso that the lease shall he void upon nonpayment the queen grant  the reversion to Dodington who demand the rend at the day at the receipt of  the exchequer at Westminster and the tenant tender it upon the land and for  nonpayment of the rend d enter and let it to the plaintiff and it be move that  judgement upon the matter shall he for the plaintiff for a special place of  payment be appoint the demand and tender ought to be there and not elsewhere  as in Henry and Kidwelleys case theft here the receipt of the exchequer a put  westmon be the local denomination of the place where the payment shall he and  not for the queen receipt thereof only but all the justice absent gawdy hold  the contrary that the tender need not he a the receipt of the exchequer for  Popham say that when the queen make a lease reserve rend at the receipt of the  exchequer or by her receiver c it be no more than the law appoint for with out  those word the law be that the farmer ought to pay it there or to the receiver  for the county and so it have be rule before these time and it be clear if  these word at the receipt of the exchequer c have not be in the lease the  patentee of the reversion shall not take advantage of the condition without a  demand upon the land and therefore not here and the limitation of the payment  at the receipt of the exchequer at Westminster do not alter the case for the  lessee be bind to pay it at the receipt of the exchequer in whatsoever place  it be as where it be adjourn to Zion or any other place the farmer ought to  pay their rend there and not at Westminster the nomination then of Westminster  in the lease be not material but it be because the receipt be most usual at  that place and of that opinion be the other justice in omnibus and therefore  rule be give if other matter be not show that judgement shall he enter for the  defendant   b Heighman v Hest croak and Elizabeth er report date case HEIGHMAN  against hest Trinity term Elizabeth roll if a vicarage he endow with the tithe  of the three part of a manor the vicar shall have the tithe not only of the  three part of the demesne but of the freeholder also roll Abr v Owen croak  Elizabeth er p a trespass upon demurrer the case be a vicarage be endow to  have the tithe of the three part of the manor croak Elizabeth of d and whether  the vicar thereby shall have the tithe of the three partof the demesne and of  the freeholdersalso be the question after argument at the bar it be resolve by  Popham and Fenner for the other justice be not in court that the vicar shall  have tithe as well of the freeholder as of the demesne ForFenner say that a  endowment S to he construe accord to the intent of the party which without  doubt be that the vicar shall have tithe throughout the manor And therefore if  the queen grant unto I conusance of all plead within the manor of d I shall  have conusance of plead hetween the freeholder of the manor Popham if the  queen grant I free warren within my manor of d I shall have it within my own  demesne only for if otherwise the queen will impose a charge upon another  person which the law will not suffer so it be if the lord grant a rentcharge  out of his manor but if the queen grant unto I felon good or waif and stray  within my manor ishall have it in the land of the freeholder for it be a  liberty due to the queen which she may grant and be not any charge to the  subject for she hatli it in every man land and therefore may grant it to any  other so this composition do not create a new charge but be a dispose of the  ancient which as due by the tenant for it run through all the limit of the  manor as well to the freeholder as to the demesne but if the lord have make  such a grant before the Council of lateran it will not have charge his  freeholder but his own demesne only and it be adjudge accord for the vicar  butler v Wallis croak and Elizabeth er report date case butler against wallis  Trinity term Elizabeth roll after a liherate award the conusee may enter  without delivery of the possession by the sheriff and if the entry he plead by  the command of the sheriff a traverse of it be good Com dig trespass the  defendant plead that the place where be the freehold of I S and that he enter  by his command the plaintiff reply that as to one acre it be the freehold of I  S which he let unto he at will without hoc that he enter by command of I S as  to the residue that it be the freehold of I S who be bind unto the plaintiff  in a statute and that the land be extend and afterward videlicet that Octoher  Elizabeth a writ of liherate be award and that the sheriff by force of that  writ afterward videlicet that Octoher Elizabeth deliver unto he that land in  execution by virtue whereof enter and be possess until c and thereupon the  defendant lemurred and for the first part of the replication it be hold clear  to be good and that by this special plead the command be traversable and as to  the second part it be move that the replication be not good for it do appear  that the possession be deliver by the sheriff by virtue of the liherate for  the liherate hear date the that Octoher and he plead delivery of the  possession upon the that of Octoher before which be clear ill and without  warrant and of that opinion be gawdy but the other justice contra for when the  land be seize into the queen band and afterward a writ of liherate be award  the party may present thereby enter without the sheriff deliver of possession  as where a ouster Le main be award the party may enter present as Edward S  croak Elizabeth and here the land be certain which be extend the party may  well enter therein after the writ of liberate award bPopham also hold in  regard it be plead that the sheriff army short catalog deliver the land in  execution that October those word the that of October be void for it appear it  can not be then deliver army short catalog wherefore it be adjudge for the  plaintiff croak Elizabeth er p bird v Wilford croak and Elizabeth er report  date case bird against Wilford Trinity term Elizabeth roll the chamberlain of  London be a special corporation and security give to he shall go to his  successor who may sue upon they post hob roll Abr Bac Abr cro car     light a  in notorious facts by Com error of a judgement in debt in the common plea upon  confession the error assign be that Wilford bring debt upon a obligation as  successor of Brandon late chamberlain of London upon a obligation make unto he  to loosen to he and his successor and allege the custom of London that the  chamberlain there have use from time c to take bind to he and his successor  and that there be a custom there that the successor of the chamberlain shall  sue those bind in any court and f urthe allege that all their custonise be  confirm per parliament Richard and the plaintiff have thereupon judgement  whereas by law this obligation be a chattel can go to a successor and for this  cause foster move that it be error and the judgement ought to be reverse for  there be a difference as it appear Edward pl betwixt a obligation make to a  corporation which consist of one sole person as parson prehend c for that  shall not go to his successor for he may make a executor who shall have the  benefit thereof but of a corporation which consist of diverse person as dean  and chapter c which can have a executor there the obligation make to one shall  go in succession and here by the death of the chamberlain in the interim  before a successor shall he elect none can have the action and if it shall go  to the successor only the action be suspend and a personal action once suspend  be go for but on the other band it be move that in regard it be allege to be a  corporation for that purpose to take obligation it may be well allow and shall  go to the successor and not to the executor and so he Edward pl and so be the  case rule here pasch Elizabeth Habbs case and Godfrey say that it be in one  tailor be case rule accord where debt be bring by the successor of the  chamberlain in the mayor court upon such a obligation and a recovery and error  thereof bring and before manwood and other special commissioner for this  purpose the judgement be affirm and of that opinion be gawdy and Fenner Popham  and Clench absentibas for the chamberlain be a special corporation to that  purpose and a obligation may as well go in succession as land as dyer be and  therefore the custom be aver to he so it be lawful and reasonable c wherefore  they give rule that if other matter be not show to the contrary upon the first  day of the next term that the judgement shall he affirm which accord be then  affirm notam in mich and Elizabeth in the queen bench betwixt Wilford and  Hutton debt be bring upon such a reconusance make to Brandon his predecessor  allege the custom of London croak Elizabeth for the chamberlain to take  obligation or recognizance to they and their successor for orphan portion and  after judgement for the plaintiff error be bring thereof in the exchequer  Chamber where the judgement be affirm Shirley v sackville croak and Elizabeth  er report date case Shirley against sackville Trinity term Elizabeth roll in  debt on bind the county in the margin shall refer to the county where the bind  be make and not to that where the defendant life ante Mod error of a iudament  in the common plea in debt upon a obligation the error assign be eciZuse  Surrey be in the margin of the declaration and the defendant therein be name  of d in the county of Sussex and that he make that obligation at darking in  county prcedict and upon non be factum plead it be try by the croak Elizabeth  er p county of Surrey and thereupon error bring for county prcedict refer to  the county last name which be the county of Sussex so a mistrial say non  allocatur for it shall have relation to the county where the action be bring  and that name in the margin for the other county mention be by way of recital  and therefore it shall not relate thereto wherefore the judgement be affirm  Alsop v Cleydon croak and Elizabeth er report date case Alsop against CLEYDON  a defendant be entitle to cost as well on a special as a general verdict more  Crompt p dougl assumpsit a special verdict be find and there upon adjudge for  the defendant and it be now move whether the defendant shall have cost by the  Henry c a for it be allege that that be to he intend where the plaintiff be  nonsuit or a general verdict passes against he so as it appear that he have  not any cause of action but the court rule that he shall have cost for a  special verdict be as well a verdict for he for who it be find as a general  verdict and there be not any difference when judgement be give thereupon but  it be as if a general verdict have be give for the defendant wherefore c  Portman v Morgan croak and Elizabeth er report date case portman against  morgan a verdict may he suppliedby intendment or information Dalton Kielway  ante palmer will burr burrow Ejectionefirmce of acre of land in d and S the  defendant be find guilty of acre and quoad residuum not guilty and it be move  in arrest of judge nent that it be uncertain in which of the will this land  lie and therefore no judgement can he give nor any execution say non allocatur  and it be adjudge for the plaintiff for the sheriff shall take his information  from the party for what acre the verdict be Henry dyer Clifton v Gibbon croak  and Elizabeth er report date case CLIFTON against GYBBON a promise to assure  as the plaintiff counsel shall advice must he perform though d advice be take  ante roll Abr assumpsit the defendant assume upon good consideration to make  such assurance of such land as the plaintiff counsel shall advice the  plaintiff himself without any counsel or advice of any counsel require such a  assurance to he make whether croak Elizabeth the defendant he bind to make it  be the question and it be rule by the court that he ought for to have advice  of counsel be but for the strengthen of his assurance and if the plaintiff at  his own peril will inquire it of he if the defendant ought to do it as he  require a wherefore it be adjudge accord for the plaintiff wear v Woodliff  croak and Elizabeth er report date case wear against WOODLIFF distringa  amendable in the term it be return but not afterward ante cro car more hob  yely cro James Bac Abr assumpsit the party be at issue and a v enirefacias  award and return and afterward a distringa the matter be before the justice of  nisi prius in exon but it do not appear upon the dorse of the distringa that  it be return by the a see James c Elizabeth c car c will c I Ann c a vide   b  ante wood con contra croak Elizabeth er p sheriff there be no return at all  upon it and this matter waii allege in arrest of judgement and a precedent for  that purpose cite betwixt stainer and James Elizabeth vhWre for this cause  judgement be reverse but all the justice hold that for as much as it be in the  same term wherein it come in it may be well amend upon examinatiou of the  sheriff that he intend to return it and the return shall now he make thereto  but if it be in another term it can be amend wherefore it be order that the  sheriff shall he examine and if it appear that he intend to return it and that  it be try by the same jury as it ought to he that it shall he amend and it be  afterward amend and the plaintiff have judgement Alston v Pamphyn croak and  Elizabeth er report date case alston against PAMPHYN a assize or a action on  the case lie for disturbance in stop a way upon the plaintiff freehold ante  post Henry   b I roll Abr Leon Leon action upon the case for stop of a way to  his freehold in Newton in Norfolk upon not guilty plead it be find for the  plaintiff and now move in arrest of judgement that in respect it be a nuisance  to his freehold he ought to have have a assize and can not have a action upon  the case vide Henry pl Henry pl dyer but all the court hold that he may have a  action upon the case or a assize at his election and Popham say he have see it  so in experience diverse time wherefore it be adjudge for the plaintiff hedel  v Wingfield croak and Elizabeth er report date case hedel against sir Edward  wingfield a misprision in the nisi prius record amend after verdict ante I  coin dig Mod dougl term Rep Ejectionefirmce of six acre of pasture the record  of the nisi prius be promontory parturce and it be try and find for the  plaintiff and now move that this word parturce may he amend and make pasturce  accord to the record which be the original for it be but the misprision of the  clerk a and it be so rule by the court and it be amend and judgement enter for  the plaintiff Willoughby v grey coke Elizabeth er report date croak Elizabeth  case Willoughby against grey easter term Elizabeth roll error in v enirefacias  aid by statute of Jeofails in side roll Owen more Noy Str Com dig Bac Abr hawk  error of a judgement in the common plea the error assign be because the v  venire facias bare date that Decemher which be out of term and it be rule to  he no error but aid by the statute of Jeofails so it have be rule where venire  facias bare testae upon the Sunday that it be aid by the statute a second  error assign be that the writ be make returnable coramjusticiariis our men and  do not say at Westminster say non allocatur for it be necessary intend three  the writ be el haheas there nomina and leaves outjuratorum say non allocatur  for it be mere a misprision of the clerk wherefore it be award that it shall  he amend and the judgement be affirm Hedingfield v feak croak and Elizabeth er  report date case HEDINGFIELD against feak a flold which pay great tithe to the  parson when sow with corn shall pay small tithe to the vicar when plant with  saffron and a modus for so many acre of a a see Henry c croak Elizabeth er p  park continue thol the land he dispark but not if the modus he to pay the  shoulder of every do in lieu of all tithe roll Abr roll Abr hob more cro James  show Owen godb Mod atk brown par can sims v Hennet see pound will c and the  Geo c as to the tithe of hemp flax and mad prohibition the case be in the  village of d in Norfolk there have be a parsonage and vicarage to the church  thereof time whereof c and the parson have always have the great tithe and the  vicar the small tithe and that the parson for forty year have have the tithe  of such a field videlicet the corn and it be flow plant with saffron and the  vicar sue for the tithe thereof and the parson sue a prohibition and it be  thereupon demurrer coke move that it well lie for by the Edward c tithe shall  he pay as they have be pay for forty year before which have always be to the  parson and although the land he now otherwise employ yet the parson shall have  the tithe thereof and therefore it have be adjudge here in the case of  Shipdampark in Norfolk where S be always pay for the tithe of all thing  renovant within the say park and afterward the park be dispark and convert  into arable land yet no other tithe shall he pay but the S Popham it be  otherwise rule in the exchequer in master worth case for a park in the county  of Somerset Fenner the law be certain as it be cite in that judgement in this  court and the clerk say that they have diverse precedent in court accord to  the judgement cite Popham the difference be when the prescription be to pay  money for all the tithe of such a park and there peradventure if it he  ditparked he shall not pay any tithe and where it be to pay the shoulder of  every buck or a do at Christmas for all tithe of the park there if it he  dispark tithe shall he pay as of other land and in the principal case he hold  that the vicar shall have the tithe of saffron as minutce decimce for  notwithstanding that tithe have be always pay for that land to the parson yet  be convert to another nature and use it shall he pay to the vicar as if it  have be convert into a orebard so if the vicar be to fiave all the hay if the  meadow he convert into arable the parson shall have it so turning wherefore a  consultation be award Gaven v Ludlow croak and Elizabeth er report date croak  Elizabeth case gaven against ludlow if a writ of enquiry he execute you the  return day before the court rise it be sufficient ante post more roll Abr roll  Abr Bac Abr Com dig dougl replevin the defendant at the first appear and  afterward upon plead and demurrer judgement be for the plaintiff and a writ of  inquiry of damage award returnable octab mich the sheriff return the  inquisition upon the day of the essoigns octab mich and for this cause  exception be take that it be not well execute for no writ returnable octab  hich can he execute upon the same day of the return thereof and Popham at the  first be of that opinion but gawdy Fenner and Clench contra because upon all  the day of octab mich the writ may have be execute for the writ be only to  have the writ at the same day afterward be move again the case of Buckleer v  the queen in a quare hinder be rememhered where the writ of inquiry of the  value be execute the first day of the return but the jury do not give their  verdict until two day after and it be adjudge to be good for the jury be  charge the first day although they give not their verdict until two day after  it shall not prejudice the party but the verdict be give shall relate to the  first day of the return and shall he croak Elizabeth er p say to he execute  upon the first day for it shall have relation to the first day wherefore  Popham agree with that m that the writ be well execute vide he pl wright v  mayor and commonalty of Wickam croak and Elizabeth er report date case wright  against the mayor and commonalty OF Wickam Trinity term Elizabeth roll it may  he assign for error to a fine levy by husband and wife before commissioner  that the wife die before the return of the writ of covenant and if so find the  fine shall he reverse for that part of the land which remain unreleased but if  the plaintiff claim as heir to the wife and do not show how heir or that the  land be the land of the wife the writ of error be insufficient post SC more SC  Owen roll Abr t raym comb t Jones Mod ld raym will Com dig Bac Abr cruise on  fine error to reverse a fine levy of acre of land by baron and feme to the  defendant the error assign be that the writ of covenant upon which the fine be  levy do hear testae that August Elizabeth returnable mensae michaelis eoden  year which be that Octoher and that a dedimus power issue to certain come  missioners to take the conusance which do hear testae I lth August in the same  year and that the feme from who he claim die that October eoden year before  the return of the writ of covenant notam he entitle himself as heir to the  feme but neither in the writ or assignment of error show how heir or that the  land be the land of the feme the defendant plead that after the fine levy the  plaintiff do feoff I S of the say land the plaintiff reply that he do not  feoff c and upon that they be at issue and it be find that he feoff I S of  acre parcel of the acre but not of the residue snagg for the plaintiff pray  that the fine may he reverse for the acre of which no feoff be make but first  a exception be take to the assignment of the error videlicet that the feme  cognisor die before the return of the writ which be contrary to the record and  not to he admit Godfrey for the plaintiff answer that the difference be  hetween a conusance take in court which be always after the writ return there  the party can say the conusor be dead before the writ return but against a  conusance take in pais hefo e commissioner he may assign for error the death  of the conusor croak Elizabeth before the return of the writ foe that I S not  contrary to the record for the conusor may die after the conusance and before  the return of the writ and death be a countermand of the conusance and the  record of it afterward be erroneous Elizabeth dyer and although to save  purpose it be a fine after the conusance and before the queen silver be enter  for the conusee may have a quid law proclaim as Henry be yet it be no perfect  fine for the death of either of the party do abate it and I mark dyer do not  impugn this difference for there the error be assign that the conusor die  before the testae of the dedimus power which be direct contrary to the  conusance before the commissioner who be justice appoint for that purpose but  here it be confess that the party be live at the conusance but die after which  be agree per totan curian and Popham say that one may he receive to say  against the conusance of a fine take before the chief justice of the common  plea which may he without a dedimus a that the conusor die before the return  of the writ of covenant as to the matter in law Godfrey say that the fine be  to he reverse for the hundred acre and it be not strange for a fine to he  reverse in part and to he in force for the residue as a fine levy of guildable  land and of land in ancient demesne though the lord by a writ of disceit avoid  the fine for the ancient demesne land that p t it be good for the other land  as Edward and Edward Tanfield and George croak contra for in a writ of a    read Inst dyer Com dig croak Elizabeth er p error the plaintiff be to  annihilate the record and to have restitution of that which the record give  away from he and if by any act he have bar himself to subvert the record or to  have restitution his writ of error be go and in this case he can have  restitution of that of which he make a feoff as if he have make a feoff of the  whole no error lie Henry ass so a release of his right the writ be entire  though a feoff he only make of part and the right can he divide as Henry pl if  one he indebt to I by contract for and I take bind for l of it the whole  contract be determine so Edward if one feoff of twenty acre with warranty and  I feoff I S of one of they the warranty be go Henry by babington Henry the  case of partition but by act in law it be otherwise as Edward casupenultimo if  the sheriff levy part of a debt by become facias the party may have a action  for the residue Tota curian contra in the point in question that the feoff  only destroy the title of error for that party Fenner say he which will deny  but if he have title to a writ of error have right to the land and none relea  seth all his right in the land a writ of error lie not Popham he have a right  of action to the land but not a tie in the land for if the land have descend  to he he have not be remit but a right of action may he divide as if two bring  error against j s he plead the release of one of they he shall he sever and  the other shall recover but if one have a right and he bring action against  two and one plead a release this be good to both and the court agree to  reverse the fine for the hundred acre but postea it be show that he make  himself heir to the feme but show not how nor that the land be the land of the  feme and for those cause the writ of error be hold to he insufficient croak  Elizabeth EASTFR term Elizabeth in the common plea sir Edmund Anderson Knt  chief justice Francis Heaumond Esq Thomas Walrnsley Esq Thomas Owen Esq  justice sir Edward coke Knt attorney general Thomas Fleming Esq solicitor  general child v Wescot croak and Elizabeth er report date case child against  WESCOT easter term pound Elizabeth roll if land he convey to a and b and the  heir of b they be jointtenants for life and if one purchase the reversion it  be a severance   light   b Leon cro James cro car oh Com dig Bac Abr pop Bac  Abr Ejectionefirm e upon a special verdict the case be three jointtenants for  life the one of they purchase the reversion by fine whether the jointure be  hereby dissolve or not be the question betwixt his heir and the other two who  survive Glanville move that the heir shall have his part for the difference  have be always where the reversion come to the freehold there the jointure be  destroy but where the freehold come to he in reversion and to another it be  otherwise and it be resolve accord in the court of ware in Morgan case by the  opinion of the two chief justice and so hold all the court and Walmsley say it  be strong here because he take this reversion by fine sur conusance de law  come Ceo c which imply a precedent gift and that imply a surrender of the  conusee but a gift to two and the heir of the one the fireehold remain in  jointure because it be so give at the beginning but otherwise it be where one  of they acquire the reversion afterward or it descend upon he for if it be not  sq it will he mischievous because if the other two commit waste he shall not  have any remedy for it but there be not any judgement give at this time for  that it be say there be diverse fault in the verdict and therefore it be  adjourn a a after a second argument it be adjudge that the heir shall have his  part post croak Elizabeth er p Corbin v brown croak and Elizabeth er report  date case Corbin against brown Michaelmas term pound Elizabeth roll not guilty  plead as a general issue in assumpsit cro James Carth lev sand cro car strange  strange assumpsit the defendant plead not guilty and find for the plaintiff  and this matter be move in arrest of judgement by hear that this be not any  issue in this action but all the court hold that although it he not a proper  issue in this action and therefore the plaintiff may have demurrer thereupon  yet because in this action there be a disceit allege to charge the defendant  not guilty be a answer thereto and that it be but a issue misjoined which be  aid by the statute be after verdict for that aid misloinin of issue or other  fault and this be a issue but a a imperfect issue wherefore absent Owen it be  adjudge for the plaintiff and Walnisley say that he have many precedent in the  queen bench of that issue join and try in this action and judgement thereupon  Halland v Mabbs croak and Elizabeth er report date croak Elizabeth case  Halland against MABBS word not actionable action for these word I Halland the  plaintiff will come home again if he escape the gallows for he have deserve to  he hang after verdict it be move that a action lie not for those word and so  it be rule accord for they be too general because the country people may  intend that he deserve hang although he never commit any felony wherefore it  be adjudge for the defendant Anonymous croak and Elizabeth er report date case  anonymous thou baste felonious take wood hold actionable hob cro James ld raym  action upon the case for these word thou baste felonious take my wood after  verdict for the plaintiff spurling move that a action lie not for these word  for it may he intend wood stand and so no felony but the court resolve to the  contrary for be speak in the worst sense it shall he construe most strong  against he who speak it videlicet that it be wood cut down for otherwise he  can not have say felonious take wherefore by Anderson and Heaumond to speak  against Walmsley and Owen absentee it be adjudge for the plaintiff Sheldon v  Hodges croak and Elizabeth er report date case Sheldon against Hodges a defect  of proceed may he cure by the consent of the party replevin the defendant avow  for damage pheasant the plaintiff by his replication claim common by  prescription in the place where be Broadway in the county of Worcestor  appurtenant to his manor of dale in the county of Gloucester and issue  thereupon and two venires award to the sheriff of the several county and now  seven of the county of Worcester appear and five of the county of Gloucester  and although there ought to have be six swear of each cou nty to try that  issue as appear Edward Henry yet by the assent of the party those twelve who  appear by advice of all the justice be swear and try the issue and the party  release all error the one to the other and it be command that this assent  shall he enter upon the record for otherwise it will he a strange precedent  croak Elizabeth er p caryi v dancy croak and Elizabeth er report date case  carry against dancy Michaelmas term pound Elizabeth roll if a fine he reverse  by writ of disceit the issue in tail shall he remit but if he make a  intermediate lease for year with remainder over for life the issue can enter  to avoid these estate without a scirefacias against the tenant of the freehold  Edward pl f n b roll Lut Inst Leon salk Leon Bac Abr Ejectionefirmce upon a  special verdict the case be tenant in tail of land in and over levy a fine  with proclamation with the remainder to himself in fee the fine be afterward  reverse by a writ of disceit and it be thereupon hold by the whole court that  the issue in tail iSTeMitted and shall avoid all estate make by he for the  fine be void hetween the party but the tenant in tail after that fine levy and  before it be reverse have make a lease for year the remainder over for life  and whether the issue nialit enter to avoid those estate croak Elizabeth I be  the question and it be hold that be can not without a to know facias blind  against he who have the freehold for he who be to defeat a record be always to  commence his suit against he who be privy to the record but when he have  reverse it against he he ought to have always a to know facias against he who  be terretenant for it may be he have some matter to bar he of execution and  otherwise he shall not be bind unless he he make privy by a to know facias or  that two nihils he return as if error he bring to reverse a erroneous recovery  or a contra forn be comparison be bring against a abbot who alien or a  cessavit de cantaria in all these case the tenant of the land shall not be  oust without a to know facias sue against he and if he be he shall have a  assize Fitzherbert n b Edward contra form Assis wherefore c but qure in this  case how a to know facias may he award for the defendant in the suit and where  the land itself is not in demand afterward Trinity Elizabeth the court be move  again and they hold that he can not enter without a scirefacias but they  respite judgement and give a rule that if any of the party die judgement shall  he enter tuncpro nunc hetford v ford croak and Elizabeth er report date case  hetford against ford ante page case a prehend make a lease for year the dean  and chapter confirm the say demise for year and no more this be a confirmation  of the whole term ante dyer     light more hendl and hetl Com dig the case be  now argue again by draw on the one side and Glanville on the other and after  argument the court resolve that this confirmation go to the whole term and can  be abridge by the follow word for Owen say the confirmation be permission  prcediclce in Jormd prtvdictd and it can be abridge by the subsequent word but  if he have confirm the land for five yone year only it have be good for so  much but here the first word go to all the term and therefore the limitation  for five yone year come too late and to this reason Anderson agree Walmsley if  one will confirm a estate he can apportion it by his confirmation as a  confirmation to a seize for a hour be good for all the esiate but when the  estate be divide it be otherwise as if a estate he for life remainder over the  confirmation may he to any of they so if lessee of a seize for twenty year  make a lease for ten year the disseizee may confirm it to either of they and  not to the other wherefore c and afterward this term it be adjudge accord that  the confirmation go to all croak Elizabeth er p Ragisters case croak and  Elizabeth er report date case RAGISTERS case where the proclamation in dower  shall he make Hutton hob Noy keb Mod a writ of dower be bring of land in the  county of Northumherland the parisbchurch wherein this land lie be at  Newcastle which be a county by itself where the proclamation of the summons by  the Elizabeth c shall he make be the question and rule per curian that it  ought to be at the parishchurch door a although it be in another county than  where the land lie