cccxlvi Henningham and WINDHAMS case error error and attaint by he to who the  land be to descend Arthur Henningham bring a writ of error against Francis  Windham upon a common recovery have against Henry his brother and the case be  that land be give in special tail to Thomas Henningham father of the say Henry  and the say Arthur the remainder in general tail the estate tail in possession  be to he and the heir male of his body Thomas have issue the say Henry and  three daughter by one woman and the say Arthur and two other son by another  woman and die seize Henry enter and make a feoff a common recovery be have  against the feoff in which Henry be vouch who vouch over the common vouchee  accord to the usual course of common recovery Henry die without issue and  Arthur bring a writ of error be but of the half blood to Henry and it be  resolve b the whole court that error and attaint always descend to such person  to who the land shall descend if such recovery or false oath have not be as if  land be give to one and the heir female of his body c and suffer a erroneous  recovery and die the heir female shall have the writ of error so upon recovery  of land in borough English for such action descend accord to the land quod to  be concession per totan curian but it be object on the defendant part that  because that the feoff be tenant to the praecipe be to recover in value a  feesimple and so Henry be to yield a feesimple which shall descend to the heir  at the commonlaw if this recovery have not be therefore be to who the same  shall descend shall have the writ of error for he have the loss but the say  exception be not allow and it be say that tenant three tail upon such a  recovery shall recover but a estate in tail sure such estate which he have at  the time of the warranty make c and afterward judgement be give that the  action be maintainable so if a man have land of the part of his mother and  lose it by erroneous judgement and die that the heir of the part of the mother  shall have the writ of error Owen Rep Elizabeth in the king bench