For that whereas before and at the time of the making of the indenture hereinafter mentioned, E F and G H were seised as joint-tenants in their demesne as of fee, of and in *the tenements, with the appurtenances hereinafter mentioned to have been demised to the said C D, and being so seised thereof heretofore, to wit, on, &c. at, &c. by a certain indenture then and there made between the said E F and G H of the one part, and the said CD of the other part, the counterpart, &c. [here set out the lease as usual, the reference to it, and the lessee's entry, and then state the death and survivorship as follows:] And the said CD being so possessed of the said demised premises, with the appurtenances, for the said term so to him thereof granted as aforesaid, and the reversion thereof, after the expiration of the said term belonging to the said E F and G H, afterwards, and in the life-time of the said G H and during the said term, by the said indenture granted, to wit, on, &c. at, &c. the said E F died so seised of the said reversion of and in the said demised premises, with the appurtenances as aforesaid, and the said G H then and there survived him, whereupon and whereby the said G H then and there became and was sole(h) seised of the said reversion, of and in the said demised premises, with the appurtenances, in his demesne as of fee, and being so sei. sed, &c.

IT. Estate

and number

of owners.

* 211

20. Estate in joint-ter aney, and the death of one, and sole seisin of

the survivor.

For that whereas before and at the time of the making of the 21. Estate in indenture hereinafter mentioned. E F and G H were seised in coparcenary. their demesne as of fee of and in the tenements, with the appurtenances hereinafter mentioned to have been demised to the said CD as daughters and co heirs(i) of one J K, deceased. And being so seised heretofore, to wit, on, &c. at, &c. by a certain indenture then and there made, &c. [If the estate in oparcenary be stated derivatively from the father, it is described as follows:] For that *whereas before and at the time of the making of the demise hereinafter mentioned, one J K was seised in his demesne as of fee, of and in the tenements, with

* 212

(h) Ante, 210. and 2 Saund. 10. n. coheirs; but according to Cc. Ļit. 14. 163, 164. and 2 Bl. Com. 187. all pareeners make but one heir.

(i) In 1 Saund. 255. and Winch. 1163. the parceners are described as

the appurtenances hereinafter mentioned to have been demised. And being so seised, he the said J K heretofore, to wit, on, &c. at, &c. by a certain indenture then and there made, &c. [Here set forth the demise to C D the defendant, the covenants, the reference to the lease, and the lessee's entry, and then state the death of the lessor, and descent to the coparceners, as follows:] And the said CD being so possessed of the said tenements, with the appurtenances, and the reversion thereof, after the expiration of the said term, belonging to the said J K and his heirs, he the said J K afterwards, to wit, on, &c. at, &c. died so seised of the said reversion as aforesaid; whereupon and whereby the said reversion of and in the said tenements, with the appurtenances, descended and came to the said E F and G Has daughters and coheirs of the said J K. Whereupon and whereby the said E F and G H then and there became, and were, and still are seised of the said reversion of and in the said tenements, with the appurtenances, as of fee.

For that whereas before and at the time of the making of the indenture of demise hereinafter mentioned, one E F was seised in his demesne as of fee, of and in one undivided moiety, the whole into two equal moieties, to be divided, of and in the tenements, with the appurtenances hereinafter mentioned to have been demised to the said C D. And one G H was also then seised in his demesne as of fee, of and in the other undivided moiety, of and in the same tenements, with the appurtenances, to wit, at, &c. And thereupon heretofore, to wit, en, &c. at, &c. [Here state the lease by both tenants in common.}

#5. THE TITLE, AND HOW ACQUIRED.

[State the seisin of the lessor and the lease, as ante, 200. and 23. Title the lessee's entry, and then proceed as follows:]

Whereupon and

to

the entirety by descent in

And the said CD being so possessed as aforesaid, and the fee.() said E F being so seised of the said reversion as aforesaid, he the said E F afterwards, to wit, on, &c. at, &c. aforesaid, died so seised of the said reversion of and in the said demised tenements, with the appurtenances as aforesaid. whereby the said reversion of and in the said tenements, with the appurtenances, then and there descended and came to the said AB, as son and heir of the said E F deceased, and thereby he the said A B then and there became, and was, and still is, seised of the same reversion of and in the said tenements, with the appurtenances, in his demesne as of fee.

* 214

cession of a

And the said E F being such rector as aforesaid, and so sei- 24. By sucsed as aforesaid, he the said E F, afterwards and during the rector on death.(m)

(1) It must in covenant by an heir on the lease of his ancestor, be shewn that the lessor was seised in fee, Gilb. Debt, 408, 409, 410. As to plead ing title by descent in general, see 2 Bl. Com. 200 to 240. Com. Dig. Pleader, 2 E. 1, 2. Vin. Abr. Heir. See the precedent, Co. Ent. 708. b. 2 Saund. 418. As to pleading a descent in tail, 1 Saund. 255. The like as coheirs, id. ibid. and ante, 211. It may be pleaded that B is heir to A, without saying either that A is dead, or had no son, 2 Saund. 305. a. n. 13. 2 Lut. 1172. It must be shewn how the plaintiff is heir, whether as son or daughter, grandson cousin, &c. 2 Saund. 45. a. 5 East, 272. 1 Salk. 355. and that he was heir to the person last seised, Co. Lit. 11. b. Vin. Abr. Heir, L. pl. 14, 15. In 3 B. & P. 453. it was decided, that in a count on a writ of right, it is not sufficient to state that the lands descended to four women, "as nieces and coheirs of J. S." without shewing how they were nieces. And in pleading title as heir to an uncle, he must shew how,

and make the father a medium, viz.
that the inheritance descended to
him ut consanguino et hæredi, viz.
son of such a one who is brother and
heir to the uncle; 12 Mod. 619. And
so in case of a descent from the
grandfather, viz. as son and heir to
the father, who was son and heir to
the grandfather, 12 Mod. 619. But
between two brothers, a descent is
immediate, and title may therefore
be made by one brother, or his repre-
sentatives, to or through another bro-
ther, without mentioning their com-
mon father; and the son of one bro-
ther may claim as cousin and heir to
the son of the other brother, without
naming the grandfather, thus: "as
son of Francis, who was the brother
of John, who was the father of Mat-
thew;" 2 Bl. Com. 226. Vin. Abr.
Heir, L. 1. pl. 18. &c. 5 East, 272.

(m) As to the statement of a free-
hold in right of a rectory, ante, 203.
This concise mode is adopted in ac-
tions on the case for dilapidations.—
See also Mallory, tit. Quare Impedit,
F. 1. &c. 3 B. & P. 444.

and how acquired.

V. The title, continuance of the said term, to wit, on, &c. at, &c. died, and thereupon afterwards and during the continuance of the said term, to wit, on, &c. at, &c. the said A B was in due form of law presented to the said rectory, and lawfully instituted and induced into the same. Whereupon the said A B then and there became, and was, and still is, rector of the said rectory, and the lawful successor of the said E F therein; and the said A B as such rector as aforesaid, then and there became, and from thence hitherto hath been, and still is, seised in his demesne as of freehold, in right of his said rectory, of and in the said premises in the said indenture mentioned, to wit, at, &c.

25. By marriage.(n)

26. Feoffment.(0)

* 215

And the said C being so seised of and in the said reversion in the said demised tenements, with the appurtenances as aforesaid, she the said Cafterwards, to wit, on. &c. at, &c. aforesaid, took to her husband A B, by virtue whereof the said A B and C then and there became, and were seised of the said tenements, with the appurtenances, in their demesne as of fee, in right of the said C.

And the said E F being so seised as aforesaid, he the said E F afterwards, to wit, on, &c. at, &c. enfeoffed the said A B of the said tenements, with the appurtenances. To have and to hold the same to the said A B and his heirs and assigns, to the use of the said A B, his heirs and assigns for ever. By *virtue of which said feoffment he the said A B then and there became and was seised of and in the said tenements, with the appurtenances in his demesne as of fee. And being so thereof seised, &c.

(n) See the precedent, 1 Saund. 253. Pleading a seisi in fee tail in husband and wife, by marriage, 1 Saund. 255. 2 Rich. C. P 350, 351. Seisin in fee in right of the wife, ante, 201. Tenancy by curtesy by husband's surviving, ante, 203. Sole seisin in wife by her surviving ante. 210.

(0) See the precedents, 2 Saund. 9. 20. and the law as to feoffments, 2 BI. Com. 310 to 316. A feoffment is not pleaded by deed, 2 Saund. 9. n. 13.

And therefore no profert thereof need be made; and the statute of frauds, 29 Car. I. c. 3. which requires that livery should be accompanied by some instrument in writing, has not altered the form of pleading, 3 T. R. 156. 1 Saund. 9 a. n. 1. A livery of seisin on the feoffment needs not be stated in pleading; Co. Lit. 303. b. 2 Saund. 305. a. n. 13. 1 Saund. 228. b. As to the distinctions between a gift of real property and a feoffment, see 2

V. The title,

and how acquired.

(P)

For that whereas heretofore, to wit, on, &c. at, &c. by a certain indenture then and there made between E F of the one part, and the said A B of the other part, (which said indenture 27. By lease. sealed with the seal of the said E F, the said A B now brings here into court, the date whereof is the day and year aforesaid,) the said E F did demise, lease, set, and to farm let,(g) unto the said A B, his executors, administrators and assigns, a certain messuage or dwelling-house, &c. situate, &c. (except as in the said indenture, is excepted.) To have and to hold the said messuage or dwelling-house, &c. with the appurtenances, '(except as aforesaid,) unto the said A B, his executors, administrators and assigns, from the day of, then last

years thence next en

past, to the full end and term of
suing, and fully to be complete and ended. [Here set out any
parts of the lease that may be applicable to the case.] As by the
*said indenture reference being thereunto had will (amongst
other things) more fully and at large appear. By virtue of
which said demise the said A B afterwards, to wit, on, &c. en-
tered() into and upon all and singular the said demised pre-
mises, with the appurtenances, and became and was possessed
thereof for the said term so to him thereof granted as afore-
said. And being so possessed, &c.

* 216

By virtue of which said demise, he the said E F, after- 28. Assignwards, to wit, on, &c. aforesaid, entered into and upon all and

Bl. Com. 316, 317. As to the mode of pleading a grant, id. 317. 2 Saund., 96. 297.327, 328. n. 12.

husband and wife, it is not necessary
to plead it to have been by deed; 2
Co. 61. b. Sav. 111. Dyer, 91. b. Cro.
Eliz. 438. 482. or that any rent was
reserved, Cro. Eliz. 112. And as to
pleading a lease by husband and wife
in general, see 2 Saund. 180. b.

(9) These are the words usually
adopted, 1 Saund. 187.

(p) 2 Bl. Com. 317 to 323. Demise by the king by endenture enrolled, &c. 1 Saund. 187. When a tenant for life, and the remainder-man in fee, join in making a lease, it should not be pleaded as a joint lease by both in its inception, for living the tenant for life, it is only his lease, and the confirmation of the remainder-man; Cases and Opinions, vol. 2. 148. edit. A. D. 1791. 6 Co. 14. b. 15. a. 2 Bl. Com. 325. If the lessee, or any other plead a demise by In an action by the assignee of the

(r) It is not necessary to state the
entry, 1 Saund. 203. n. 1. As to the
interesse termini, ante, 204. n. (n).
209. n. (c). Possession of a term,

2 Saund. 21. Ante, 204.
(s) 2 Bl. Com. 326. See ante, 204.

ment of a term to the plaintiff. (8).