II.Estate and demised the tenements, with the appurtenances, hereinafter quantity of in- mentioned to the said G H deceased, his executors, adminis terest. 13. Induce ment that the copy hold, and that lessor trators and assigns. To hold the same to the said G H, his executors, administrators and assigns, from, &c. for one year : thence next ensuing, and fully to be complete and ended; and so from year to year, for so long time as they the said E F and G H should respectively please. By virtue of which said: demise, the said G Hentered into the said tenements, with the appurtenances so to him demised, as aforesaid, and became and was possessed thereof, and being so possessed thereof, heretofore, and during the continuance of the said demise, 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 CD of the other part. The counterpart, &c. [Here state the lease to the defendant, which was for twenty-one years—the covenants, reference to the lease, entry of the lessee, the death of the testator, during the continuance of the first demise, having made his will, and thereby appointed plaintiff executor, that he proved the will, and thereby became possessed of the interest in the first demise, and then averring the breaches of covenant during the continuance of the first demise.] For that whereas before and at the time of the making of premises de- the demise hereinafter mentioned, and from time whereof the mised were memory of man is not to the contrary, the tenements *hereinafter mentioned to have been demised, were and still are, situate within the manor of in the county of →→→→ and parcel of the said manor and customary tenements thereof, demised and demisable, by copy of the court rolls of the said manor, by the lord of the said manor, or by his steward of the court of the said manor for the time being, to any person or persons willing to take the same in fee-simple or otherwise, at the will of the lord of the said manor, according to the custom of () As to the mode of describing copyhold of inheritance, or a less estate, see 1 Saund. 146, 147. 348. n. 8. Id. 146. As to the necessity for the words," at the will of the lord," see 1 Saund. 348. n. 9. Co. Litt. 58. a. n. 1. and as to pleading an admittance, see Vin. Abr. Copyhold, U. b. and of copyhold in general, Com. Dig. Pleader, E. 19. When the title as in this case, in covenant is pleaded, merely as inducement, it should seem that it may be stated in a more concise mode, as in the next precedent, see Com. Dig. Pleader, E. 19. the said manor, to wit, at, &c. aforesaid. And whereas also II.Estate and heretofore, to wit, on, &c. — then being lord of the quantity of in then and said manor, at a special court-baron of him the said That whereas before and at the time of making the demise hereinafter mentioned, one E F was seised in his demesne as terest. (s) It is necessary to state the steward's name, Cro. Eliz. 392. Vin. Abr. tit. Copyhold, U. b. pl. 3. and 5. (t) An entry should be averred though it is not traversable, 1 Saund. 147. n. 2. "as of freehold for the term of his (x) See the notes to the last pre- (u) 1 Saund. 146, 147, or if for life, VOL. II. II.Estate and of fee, at the will of the lord of the manor of quantity of in terest. 15. Customary freehold. (y) * 208 county of in the according to the custom of the said manor, of the tenements, with the said appurtenances hereinafter mentioned to have been demised to the said CD, the same tenements with the appurtenances then and still being part and parcel of the said manor, and a customary tenement thereof demised and demisable by the copy of the court-rolls of the said manor, by the lord of the said manor or by his steward of the court of the said manor, for the time being, to any person or persons willing to take the same in fee-simpte or otherwise, at the will of the lord of the said manor, according to the custom of the said manor, to wit, at, &c. and being so seised, he the said EF heretofore, to wit, on, &c. at. &c. by a certain indenture, &c. [State the lease, defendant's entry, the plaintiff's derivative title, and breach of covenants.] For that whereas before and at the time of the making of the demise hereinafter mentioned, and from time whereof the memory of man is not to the contrary, the tenements, with the appurtenances hereinafter mentioned to have been demised to the said CD, were and still are situate within *and parcel of the manor of -> in the county of, and customary tenements thereof, and during all that time descendible, and which have descended from ancestor to heir, as of the hereditary right of the tenants, called tenant right, held of the lord of the said manor for the time being, as of that his manor by divers rents and certain services, according to the custom of the said manor. And that one E F before and at the time of the making of the demise hereinafter mentioned, was and from thenceforth until and at the time of the making of the indenture, &c. (the conveyance under which the plaintiff claims,) hereinafter mentioned, was seised of and in the said customary tenements, with the appurtenances, as of his customary hereditary estate, in form aforesaid, descendible and descending according to the custom of the said manor, held of the lord of the said manor, as of that his manor, as aforesaid. And the (y) As to the statement of this esfate, and the nature thereof, see 3 B. & P. 378. 5 East, 51. &c. said E F being so seised, thereupon heretofore, to wit, on, &c. [State the lease, &c. as usual, the lessee's entry, plaintiff's de rivative title, and the breaches.] II.Estate and quantity of in terest. 3. ESTATE AND TIME OF ENJOYMENT.(z) For that whereas one E F before and at the time of the making of the indenture hereinafter mentioned, was seised in his demesne(b) as of fee, of and in the reversion of a certain messuage, &c. with the appurtenances, immediately expectant upon the death of G H, who was scised of the said tenement, as of freehold, as tenant thereof, by the law of England. And the said E F being so seised of the said reversion of the said tenements, with the appurtenances, he the said EF heretofore, to wit, on, &c. at, &c. by his certain indenture made between, &c. [Here state the indenture containing a demise to J K for twenty-one years, to commence after the death of the tenant for life; then state the lessee's interest in the lease as follows: By virtue of which said demise the said J K then and there became and was possessed of the interest of the said term, expectant upon the death of the said G H. And the said J K being so possessed of the interest in the said term, and the said E F being so seised of the reversion thereof, expectant upon the death of the said G H, he the said E F afterwards, to wit, on, &c. [Here state bargain and sale, &c. by E F to the plaintiff, and assignment by J K, the lessee, to CD, the de 16. Seisin in fee in rever◄ sion. (a) * 209 17. Interest in a term to commence in futuro.(c) (z) As to this division, see 2 Bl. tate for years, pleading either seisin Com. 163. (a) See this precedent, with notes, 1 Saund. 250. &c. Attornment of tenant need not be alleged, 2 Saund. 305. b. n. 13. Doug. 283. a reversion after an estate tail, 2 Saund. 235. in demesne as of fee, or seisin as of (6) The precedents in Saund. 250. III Estate fendant, of the interest in the term, to commence on the death of and time of enjoyment. GH, then state the death of G H, the entry of C D as tenant, and the seisin of the reversion by A B, the plaintiff, and the rent in arrear, e.] 18. Remain der in fee in a *210 [State the scisin of the lord, and that at a court-baron, &c. he copyhold. (d) granted] the said tenements, with the appurtenances, to one GH for the term of his life, and the remainder thereof after the decease of the said G H to one E F and his heirs forever. By virtue of which said grant he the said G H entered into the said tenements, with the appurtenances, and was seised thereof in his demesne as of freehold, for the term of his life," at the will of the lord, according to the custom of the said ma nor, the remainder thereof belonging to the said F F and his heirs. And the said G H being so seized thereof, and the remainder thereof belonging to the said E F and his heirs as aforesaid, he the said E F, &c. 19. An estate in severalty. 4. ESTATE AND NUMBER OF OWNERS.(e) As to the number of owners, see 2 Bl. Com. 103. 175 to 195. An estate is in severalty, joint-tenancy, coparcenary, or in com mon. [In all the foregoing precedents the estate having been described as in severalty, it will be merely necessary here to give the form of pleading(ƒ) in the case of an estate in fee in the husband and wife, in right of the wife, when the wife survives, and which is as follows:] And the said E F, and G his wife, being so seised of the said reversion as aforesaid, he the said E F after. wards, to wit, on, &c. at. &c. aforesaid, died, and the said G then and there survived him. Whereupon and whereby she the said G then and there became, and was, and still is, sole seised of the said reversion, with the appurtenances, in her demesne as of fee.(g) (d) As to this precedent, see 1 Saund. 146, 147. and notes. See the mode of pleading a remainder in fee of a freehold estate 2 Saund. 235. (e) 2 Bl. Com. 103. (f) See the next form as to sole seisin by survivorship in case of a joint-tenancy. (g) See this precedent, 1 Saunů, 253. and as to the allegation of sole scisin în general, 2 Saund. 10. n. 14. |