II. TITLE PLEADED. 1. Temure, 1. TENURE. For that whereas before and at the time of the making of the indenture hereinafter mentioned, one E F was seised in his demesne as of fee, of and in the tenements hereinafter mentioned to have been demised, and held the same in free burgage of the city of London, and being so seised heretofore, to wit, on, &c. at, &c. 2. ESTATE AND QUANTITY OF INTEREST.(a) [See the commencement, ante, 191.] For that whereas one G H, before and at the time of the making of the indenture hereinafter mentioned, was seised(6) in his demesne(c) as of fee, (d) of and in the tenements, with the appurtenances hereinafter mentioned to have been demised, to wit, at, &c. And being so seised heretofore, to wit, on, &c. at, &c. by a certain indenture then and there made between the said G H of the one part, and the said C D of the other part, one part, &c. [here set out the profert, and all necessary parts of the lease, as ante, 191. and 199. as to the statement of the conveyance, &c. by virtue of (a) 2 Saund. 234. As to the statement of copy hold and customary freeholds, see post, 205. and 207. and of seisin in gavelkind, 1 Burr. 325. Of a rent, 2 Rich. C. P. 350. Of an advowson, &c. see post infra, note (c). (a) As to this division, sce 2 Bl. Com. 103. (b) As to the words "seised," or possessed," see Com. Dig. Pleader, C. 35. Co. Lit. 17. a. estates be incorporeal, the words, “in (d) As to the words "as of fee, (e) 2 Bl. Com. 105, 196. If the see Co. Lit. 17. b. interest. II. Estate and which the plaintiff claims. See post. If the seisin be stated as * 201 5. Seisin in fee, &c. in husband and wife, in right of the wife.(e) 6. Seisin in *[See the commencement, ante, 191.] For that whereas the said A B and C his wife, before and at the time of the making of the indenture hereinafter mentioned, were seised in their demesne as of fee, in right of the said C, of and in the tenements, with the appurtenances hereinafter mentioned to have been demised, to wit, at, &c. and being so seised, &c. [here state the lease by husband and wife, and the covenants, the lessee's entry, and the plaintiff's derivative title, c. If the seisin in fee in right of the wife be stated as a consequence of a conveyance, &c. the statement is as follows:-" Whereupon and whereby the said A B, and C his wife, then and there became, and were, and from thence hitherto have been, and still are, seised in their demesne as of fee in right of the said C,(ƒ) of and in the said tenements, with the appurtenances, and being so seised," &c.] For that whereas our sovereign lord the now king, on, &c. a corporation. at, &c. was and still is seised in his demesne as of fee, in right of his crown of England, of and in, &c. to wit, at, &c. (5) of and of interest. * 202 [See the commencement, ante, 191.] For that whereas one E 11 Estate and F, before and at the time of the making of the indenture *here- quantity of inafter mentioned, was seised in his demesne as of fee tail, (or 7. Seisin in tail.(h) if special entail, add, "that is to say, to him and the heirs lawfully issuing out of the body of him the said E F, on the body to be begotten," or, "of the bodies of the said E F, -," &c.) of and in the tenements, with the appurtenances hereinafter mentioned to have been demised, to wit, at, &c. and being so seised, &c. [Here set forth the lease, Fc. and the plaintiff's derivative title, c. If the seisin in tail be stated as a consequence of a conveyance, &c. the statement is as follows: "Whereupon and whereby the said E F then and there became, and was, and from thence hitherto hath been, and still is, seised in his demesne, as of fee tail, of and in the said tenements, with the appurtenants."] life.(i) [See the commencement, ante, 191.] For that whereas one 8. Seisin for E F, before and at the time of the making of the indenture hereinafter mentioned, was seised in his demesne as of freehold, for the term of his natural life, (or, "for the term of the natural life of G H") of and in the tenements, with the appurtenances hereinafter mentioned to have been demised, to wit, at, &c. and being so seised, &c. [Here set forth the lease, (A) 1 Saund. 255. 2 Rich. C. P. 350. In a declaration, when the title is stated as inducement, the commencement of the estate tail needs not in general be stated, though it is otherwise in a plea, Com. Dig. Pleader, E. 19. C. 35. In pleading seisin of an estate by gift to husband and wife, and to the heirs of the body of the wife by the husband begotten, as the wife has an estate in special tail, and the husband only an estate for life, it should be alleged, "that the husband and wife were seised toge ther, and to the heirs of the body of the wife in her right," and not that they were seised of the freehold, or fee tail, Co. Lit. 26. a. n. 1. It is not necessary to aver the continuance of the life of tenant in tail, or of the es- (i) See the form, 1 Saund. 231. quantity of interest. II. Estate and c. If the seisin for life be stated as a consequence of a con veyance, &c. the statement is as follows: "Whereupon and * 203 whereby the said EF then and there became, and was, and from thence hitherto hath been, and still is, seised in his demesne as of freehold, for the term of his natural life, of and in," &c. 9. The like by a rector, in right of his rectory.(k) 10. Tenancy by curtssy, or by dower.(?) * 204 For that whereas one E F before, and at the time of the making of the indenture hereinafter mentioned was, and still is, rector of the rectory of in the county of and as such rector then was, and thence hitherto hath been, and still is, seised in his demesne, as of freehold, in right of his said rectory, of and in the tenements hereinafter mentioned to have been demised, to wit, at, &c. and being so seised, &c. [If his seisin be stated as a consequence of a conveyance, the allegation will nearly resemble that in the last precedent.] [If the seisin [See the commencement, ante, 191.] For that whereas one E F, before and at the time of the making of the indenture hereinafter mentioned, was seised of the tenements hereinafter mentioned to have been demised in his demesne, as of freehold, for the term of his life as tenant thereof, by the law of England, to wit, at, &c. and being so seised, &c. be stated as a derivative title, state the marriage, birth of a child, and death of the wife, as in 2 Rich. C. P. 350.] "Whereupon and whereby the said E F then and there became, and was, and from thence hitherto hath been, and still is, seised in his demesne as of freehold, of and in the said tenements, with the appurtenances, for the term of his life, as tenant thereof, by the law of England, *to wit, at, &c. [See the precedent, 2 Rich. C. P. 350.] (k) Sec Winch. Ent. 1161. 2 Saund. 235. n. 2. The averment of the continuance of the rector's life when necessary, will be as in Winch. 1162. when the title is stated merely as inducement, the above form will suffice, but in a plea it is in general necessary to shew the commencement of the title as in some of the precedents re(See 2 BI. Com. 126. 3 B. & P. ferred to. As to pleading tenancy by 652, 653. For precedents, see 2 dower, see 2 Saund. 423, 305. b. n. 13. Rich. C. P. 350. 1 East, 213. 1 3 East, 276. Vin. Abr. tit. Dower, Saund. 250. 256. In a declaration, M. a. pl. 25. &c. II Estate and quantity of interest. 11. By assign ee or executor (m) [See the commencement, ante, 191.] For that whereas the said E F, before and at the time of the making of the indenture of demise hereinafter mentioned, was lawfully possessed(n) of the tenements, with the appurtenances, hereinafter of lessor bementioned to have been demised to the said C D, that is to against icssee. ing a termor say, for the residue and remainder of a certain term of years, commencing from, &c.(o) to come, and unexpired therein, to wit, at, &c. and being so possessed thereof, he the said E F, on, &c. at, &c. aforesaid, by a certain indenture, &c. ás ante, 191.() If the possession of the residue of the term be stated as a consequence of an assignment, Sc. the statement is as follows: "Whereupon and whereby the said A B became and was, and from thence hitherto hath been, and still is, possessed of *the said tenements, with the appurtenances, for the residue and remainder of the said term therein, then to come, and unexpired therein, to wit, at, &c. aforesaid. * 205 For that whereas before and at the time of making the in- 12. By execu denture hereinafter mentioned, to wit, on, &c. at, &c. one E F tor of lessor, (m) When the action is at the suit of the assignee of a lessor who was a termor, or by the executor of such lessor for rent due after his death, it is necessary in order to shew the plaintiff's right of action, to state the lessor's title as above, and the assignee must set forth all the mesne assignments of the term down to himself, though we have seen it otherwise in a declaration against the assignee of a term, 1 Saund. 112. n. 1. Ante, 196. n. Clift. 221, 222. But it seems unnecessary to shew that the assignments were signed. 1 Saund. 234. n. 3. 276. n. 1. and 2. This concise mode of stating the interest is sufficient when the title is pleaded as inducement, Com. Dig. Pleader, E. 19, C. 35. Co. Lit. 17. a. As to pleading possession of a term in right of a wife, see Plowd. 191. a. sed vide Doug. 329. Ante, 201. (n) The word "possessed," and not "interested," must be adopted, ( Show. 106, 1 Saund. 251. n. 1. 106. 2 Saund. 176. n. 5. unless when the term is in reversion, 1 Saund. 251. n. 1. 2 Saund. 176. n. 5. in which case the interest is to be described as post, 208. n. (a). (a) Sometimes the precedents merely state, "that is to say, for the residue of a certain term of years, whereof years and upwards were then to come and unexpired;" inserting a number of years sufficient to shew that the reversion was in the lessor, and this mode seems sufficient, the lessor's title being merely induce ment. (p) As to the statement of a tenancy, from year to year, see post, 205. next precedent, and in pleas in Trespass and Replevin, Mal. Ent. 58. 5. Wentw. 38. 64. (9) This precedent was holden good on demurrer, in Mackey v. Mackreth, Hil. 1785. K. B. M. S. Mr. J. Ashhurst's Paper Books, vol. 21.110. tenant from year to year, for breach of covenant in a lease for 21 years, granted by him.(g) |