CLAWORTHY against mitchel Claworthy against Mitchel in a replevin the  defendant avow for a rend and show that his father be seize and let for year  render rend and he die and that the reversion descend to he and for rend  behind be avow in bar of which avowry the plaintiff say that the father devise  the reversion to another and the other maintain his avowry and traverse the  devise and it be find that the devise be only of two party and not of the  three part for in very truth the land be hold by knight service and all this  be find by special verdict and for who the jury have find be the question and  it be argue by Hendon that this verdict be find for the avowant and he vouch h  brook issue in a precipe quod To give back if the issue be whether a and b  feoff the tenant and it be find that a feoff he but not that a and b feoff he  the issue be find against the tenant see e and dyer in debt upon a lease for  year of diverse parcel of land and upon non to send down plead it be find quod  to send down all except one parcel this be find for the plaintiff and Trin  throw rot Allen against soper in a replevin for a horse and avow for damage  pheasant and the defendant claim common for his beast levant and couchant upon  his land and some in this case be find levant and couchant and other not and  it be find against the plaintiff and he say in this case when the defendant  have allege a devise of all the land and upon this issue be join and it be  find that part be devise and not all this be find against the plaintiff  because the issue be join upon a particular and a special point whether all be  devise or no and yet he agree that upon a general issue as in trespass in acre  of land and the defendant be find guilty but only in one yet the plaintiff  shall have judgement but not where the issue be join upon a particular point  as here but admit that the plaintiff shall have judgement yet the avowant  shall have return for the three part as in debt upon a lease for year and it  be find that he have not cause to demand all the rend but that this ought to  be apportion yet he shall have judgement for the residue and so here Ashley  sergeant to the contrary the jury have find for the plaintiff for the avowant  have avow for all and he allege assize where in a assize the seize and the  diseisin be find and yet because there be no tenant find of the franktenement  the plaintiff shall have judgement and as to that that have be say that the  avowant shall have return for part he deny that for now it appear by the  special verdict that the avowant and the devisee be tenant in winch common and  tenant in common ought to join in avowry and for that reason the avowant shall  not have return for any part but he ought to replead dyer see the book Hobert  say that without question in this case if the jury have give a general verdict  this have be against the plaintiff for it be not devise if all be not devise  accord to the issue and then if it will have be against the plaintiff in this  case of a general verdict the special verdict shall be construe to be of the  same nature in law and it shall be adjudge by we against the plaintiff for  general where the general issue shall be against any of the party there the  special verdict shall be of the same degree and winch and Hutton agree and by  winch who plead in the affirmative ought to prove all to be true as in the  case of so per which have be remember by my brother Hendon and by Hutton every  issue which be take upon without hoc ought to be precise find and as to the  second point he hold that the avowant shall have return for part for here the  jury have find the three part of the reversion in he and by that there appear  a sufficient certainty to the court to make a apportionment and then if the  court may make a apportionment the avowant shall have return for so much as be  due to he but if the apportionment be to be make by the jury and not by the  court there the avowant shall not have return for the three part but if it be  in debt for and the jury find the plaintiff shall have judgement of that part  to be apportion by the jury and so in trespass if part be find for the  plaintiff he shall have judgement for the demand be by writ but in our case it  be a avowry and it be a certain winch er p issue and for that reason the  avowant shall not have return for the three part adjourn Hutton allege h and  at another day judgement be command to be enter for the avowant Hobert and  winch be only present note that if a man make a lease of several parcel of  land in a town and this be for the trial of a title in a ejection firm he  ought to enter into every part of those several and to leave a servant or  other to keep the possession till he have enter into every parcel and then to  deliver the lease of all and this be good