case LXVIII   a SC hob SC keb SC e Simkin summons case a grant the wardship of  a heir within age in his possession by deed by the word concession to a woman  and this woman take husband a writ of right of ware be bring by b against the  husband and wife the wife die the writ shall not abate for this be a chattel  which survive to the husband the husband vouch a to warranty by the say deed  by the force of the word concession as assignee Jenkins in law Jenkins er p of  his wife and this be well the plaintiff have judgement against the husband and  the husband against the vouchee and upon this judgement to recover in value a  writ issue to extend and appraise the value of the ware c if the marriage of  the ware at the time of the grant be worth only and afterward during the  guardianship other land descend to he so that now his marriage be worth the  defendant that be the husband shall recover the in value this judgement be  affirm in error a writ of error at this time remove the record into the  chancery and from the chancery it be send into the king bench demurrer be join  between the defendant in a writ of right of ware and the vouchee upon the lie  of the warranty and adjudge against the vouchee it be not peremptory judgement  shall only be stet to call so upon a demurrer upon a counterplea of the  voucher it be otherwise upon a plea to the writ try by the country upon a  voucher in dower upon a counterplea of the lie the plaintiff shall wait till  judgement be give upon the lie in the case of the heir vouch in the same  county h dower e e counterplea of warranty Fitzherbert a grant of a ware by  deed do not bind the executor of the grantor to warranty Dedi noth not bind  the heir for the freehold or fee it extend only to the feoff during the life  of the feoff although if the feoff recover upon to give away he shall recover  the fee in value the word warrantizo by a man and his heir make a warranty for  the warrantor and his heir to the feoff his heir and assign the rend and the  reversion make a warranty upon a lease make for life so of a exchange in the  case of the king no warranty shall be without express mention to have a  recompense in value in case of election it seem by this book and other that  ancient the writ of error issue out of the chancery returnable in person we  that it be return into the chancery and send into the king bench by the  chancellor as be use at this day upon issue join in the chancery and try in  the king bench but at this day this course of a writ of error be go out of use  for both court be in person ring and this circuit be to no purpose law condemn  custom there be two plaintiff in a writ of right of ware if one of they die  unless there be summons and severance the writ shall abate but if he who be  sever die it shall not abate it be otherwise of two defendant if one of they  die the writ shall abate tenant in common be plaintiff may join in personal  action and the survivor of they shall have the action in trespass de enclosed  space to break in pieces in this case the action survive but not so of good  for they go several neither the good survive nor the action for they the word  descend by race in case of a lease for year make a warranty to the lessee and  to the assignee of the lessee and upon this word a action upon the covenant  lie against the heir of the lessor if he ousts the lessee Elizabeth dyer in a  warranty to the feoff of land make by the feoff upon voucher if special matter  be show by the vouchee when the vouchee enter into warranty videlicet that the  land at the time of the feoff be worth only and now at the time of the voucher  it be worth by the industry of the feoff the tenant shall recover only the  value as it be at the time of the sale for if the act of the feoff have  meliorate the land this shall not prejudice the feoff in his warranty but in  the principal case the act of God only operate and not any act of the grantee  the word concession in a lease for year do not make a warranty the word  descend by race make it but it do not bind the executor of the lessor if the  lessee be derive out of a estate for life if the covenant of the warranty be  not express that the lessee shall hold his whole term for the lease be end but  it bind the executor of the lessor who have a fee or feetail where the lessee  be evict and the executor have asset for such lease be not end e