bishop OF Salisbury versus fillip mich will B R rot in error ld raym S c vide  record page Mod Carth S C salk Lutw to quare hinder declare upon a agreement  by indenture between jointtenants to present by turn Mod holt error of a  judgement in c b in quare hinder plaintiff count that a and b be seize in fee  as jointtenants of the advowson ut de young fig and by indenture agree from  thenceforth to be seize thereof as tenant in common and not as jointtenants  and they and their respective heir shall present several and by turn and show  several presentation alternate and that a die and his moiety descend to c and  make his title by grant of the next presentation from c to d his executor  administrator and assign in who life the church become void and that d make  his will and die and it belong to the plaintiff as executor to present bishop  claim title by lapse plaintiff reply the testator present synes within six  month and the bishop refuse he defendant rejoin he give he three day time to  prepare for examination and he never come again without hoc that the bishop  refuse synes at the presentation of the testator upon this issue be take a  verdict pro quer and also judgement in c b and now error in this court Carthew  object that the plaintiff have make no title for the agreement to present by  turn do not sever the right the indenture do not work a partition but a  agreement which be now break for which the plaintiff may take his proper  remedy this cause be several time move and holt c j hold it to be a good  partition the first time it be speak to say that where the thing and the  profit be the same a partition of the profit be a partition of the thing and  though perhaps the agreement can make two advowson out of one yet it have  create several and distinct right Salkeld er p to present alternate afterward  when judgement be affirm the chief justice say that a composition may be  either by record or by deed or by parole that if either privy in blood as  copartner or stranger in blood as tenant in common or jointtenants agree by  record to present by turn and one present the other be not by usurpation put  to a quare hinder and that whether the presentation be Salkeld by one privy to  the agreement or by a stranger vide west Inst dly that if either privy in  blood as parceners or stranger as tenant in common or jointtenants agree by  deed to present by turn the composition be good and if it be once execute on  all side he that bring a quare hinder need not mention the composition which  show the very right and inheritance to be sever and that a separate interest  be vest in each of they to present alternate and that the plaintiff need not  have declare of the composition or indenture in this case vide die dly by  parole for so a composition may he between parceners but between stranger in  blood composition can be without deed vide f n b d f h b judgement affirm age  anonymous