case Cadogan against powell if the tenant in a assize pleads non tenure the  writ shall abate Lut Henry p theol bk c Mod error of a judgement give in  assize in Monmouth the error assign be because Andrew Powel have bring a  assize against William Cadogan and John Cadogan de a certain portion no   renovant de promontory terr in Staveney William Cadogan plead nul tenant de  franktenement property predictorum in look builder et in complaint specificata  name in the writ and if not find nul tort c John Cadogan plead nul tort and  the assize take quoad placitum William Cadogan find quod non to be some to  hold the same property in look recognitorum posit et in complaint specificat  in shorten naming et quad idem williemus fecit nul tort c and they further  find that the plaintiff be seize of the tithe until by the say John Cadogan  seize c and thereupon judgement be give quod to express grief nothing to take  in hand per breve bersus predictum William send sit in pity et quod I c that  the plaintiff shall recover c it be assign for error that the judgement ought  to have be entire against they both and judgement ought to have be give for  the defendant but it be thereto say that this assize of tithe which be give by  the statute of Henry c of tithe be well maintainable against any who take the  tithe and it be not requisite to name the terretenant and then although it be  find quod die impetrationis short catalog non to be some to hold the same  property c that be to be intend quod non to be to hold of the land out of  which the tithe c which be not material and in proof thereof vide Edward short  catalog ass dyer but all the court hold that property in v he posit Elizabeth  n quereld specificatid be intend of the tithe themselves and of necessity  there ought to be a tenant fiamed otherwise the assize be not maintainable  then the assize find that the e be not any tenant name it ought to abate  Qucere how it can he for when it be find that he be seize until by John seize  it be therein find that John be the seize and tenant for it be of tithe which  be in pernancy he remain always tenant of they to every action and b strange  Mod term Rep c palm ante post d yely Inst more Edward c e this case be move  again in mich term and adjudge for the plaintiff that the toll be not due nor  demandable post croak Elizabeth er p can not dispose of it as he may of the  land itself but notwithstanding for this cause the judgement be reverse see  Edward c