and gives colour. Replication, protefting, &c. pleads that lands were plaintiff's freehold, and traverses that J. died feifed, and iffue, Ro. Ent. 476. That J. was feifed of lands that defended to defendant's wife and three other fifters of J. one of them enfeoffed defendant of her purparty, and two demised to defendant, who gives colour to plaintiff. New affignment, and non cul. thereto, Ro. Ent. 477That defendant's father was feifed of lands in the new affignment that defcended to defendant, and plaintiff after the father's death abated into the lands, and was feifed by abatement, on whofe poffeffion defendant entered, and his clofe being his freehold, broke, &c. Ro. Ent. 479. That defendant's grandfather feifed of lands devifes to A. his wife in fee, which after the death of A, defcended to defendant as son of the fon and heir, and gives colour, Bro. R. 497. That it is repugnant to fay, that lands are copyhold and yet defcendible, 2. Lut, 1327. That defendant's father was feifed of lands that defcended to defendant. New affignment, and non cul, Ra. 631. Vet. Int. 100. That R. was feifed of lands that defcended to defendant's wife. Replication, that T. being feifed, enfeoffed plaintiff, who was seised until trespass was committed, and traverses that R. died feifed, Ra. 632. The like of lands in gavel kind, Ibid. 632. That W. feifed of land in gavel kind which defcended to defendant and one J. daughters begotten of feveral wives, J. died without iffue, and by the custom of the tenure lands defcended to defendant. Replication, that lands defcended to two coufins of the whole blood, who enfeoffed plaintiff, and traverses the custom of defcent to the brother of half blood, Upp. 139. That B. was feifed of lands that defcended to A. his daughter, who took plaintiff to husband, and had iffue filium abortivum, and died, and lands defcended to defendant. Replication, that plaintiff and A. had iffue born alive; and that plaintiff is tenant by the curtely. Rejoinder, that they had not iffue born alive. Ra. 632. That W. was feifed of lands that defcended to defendant. Replication, that J. seif ed, enfeoffed plaintiff, and that plaintiff agreed with W. to fell to him the lands, and in the mean while that he would receive rent to the ufe of plaintiff; and be fore affurance W. died, and plaintiff re-entered; and traverfe that W. died feifed, 3. Br. 447. That J. feifed of lands, married A. and had iffue defendant; J. died, and lands defeended to defendant. Replication, that a divorce was had, caufa confanguinitatis, 18. E. 4. 29. JOINT-TENANTS AND TENANTS IN COMMON. That one defendant and J. were feised of a feveral close; and because defendant found cattle there damage feafant, took and impounded them. Replication, de injuria, E. and traverfes that defendant and J. were feifed; and iffue, Tho. 296. That H. being feifed of a clofe, demifed to plaintiff for years, who demifed moiety thereof to J. who made defendant executor and died; defendant entered, and claimed to hold in common with plaintiff, per quod he made the trefpafs Tho. 338. LIBERUM TENEMENTUM BY CLERGY. That locus, Sc. is five acres of land, parcel of glebe of the reory of the church of L. whereof defendant is parfon, Ra. 624. That defendant is vicar, and that locus, &c. is defendant's freehold in right of his vicarage, where he took the goods damage feafant. Ra. 629. Vet. Int. 53. That land is parcel of the manor whereof vicar is feifed in right of the vicarage, and defendant as fervant, &c. Replication, that vicar demifed to plaintiff for years. Rejoinder, that the vicar is feifed, and traverfes the demife, Upp. 195. LIBERUM LIBERUM TENEMENTUM. That locus, &c. is defendant's freehold. Replication, by disseifin, and issue, Ra. 647. Vet Int. 160. Plea by defendant to refidue, that he is lord of the manor of which the clofe quo, &c. is parcel and he with the others, as his fervants, put their cattle into the close to feed, and that divers other fheep of perfons unknown, not having right of pafture, were feeding there, which they drove out; that plaintiff's fheep were mingled with the other, and defendants feparated them as foon as they conveniently could, and left them in the close; to the entry and with feet in walking, and treading down grafs, demurrer, for that it amounts to the general ifue; and to chafing and impounding plaintiff fays the demanded delivery of the sheep, but defendant refufed and kept them twenty-four hours, &c. Joinder in demurrer to part; and to refidue rejoinder, maintaining plea, and traverfing the requeft of the delivery of the sheep and refufal. Demurrer, that traverfe is bad, and joinder, Lev. Ent. 188. Plea (to chafing and wounding a gelding), that locus, &c. is freehold of defendant, who chafed the gelding out of the clofe with a little dog, that he might not do any further damage, and the gelding voluntarily leaped on the gate and wounded hmfelf, Tho. 343• That G. being feiled of lands held of defendant, died without heir, and defendant entered into the lands by efcheat. Replication, that G. had iffue, who enfeoffed S. who enfeoffed plaintiff. Rejoinder, that he was a baftard; and writ awarded to the bishop, Ra, 638. Vet. Int. 34. ESTATES TAIL. That A. seised of lands before the ftatute of ufes. to the use of defendant and M. her husband and the beirs of M. whom defendant furvived. Replication, that defendant fuffered a recovery in formedon per fraudem, per quod plaintiff, being the perfon to whom the lands belonged, after the death of defendant, entered by force of the ftatute of 11. H. 7. Demurer, Ra. 642. Plo. 39. That A. being feifed, covenanted to stand feifed to uses in tail, and the lands came to defendant. Demurrer, Ra. 659. Pio. 298. That T. feited, devised to wife for life, remainder to R. in tail, remainder to heirs of T. the wife, in a common recovery vouched R. to warranty, who vouched the common vouchee to the ufe of the wife for life, remainder to R. in fee; the wife died, and lands d fcended to defendant. Replication, confeffing the devife, pleads the ft. tutes to prevent common recoveries fuffered by tenants for life, and that re mainder of the lands in tai defcended to plaintiff. Demurrer, Co. Ent. 654. Like, on feoffment to uses in tail where feveral defendants plead to feveral parts of the lands which they claim under demifes for years, Ibid. 667. That A. feifed, covenanted to ftand feijed to ujes in tail, and lands came to defendant. Replication, provifo not to alienate lands, and defendant fuffered a common recovery, per quod he forfeited lands, and plaintiff entered for the forfeiture. Denurrer, 1. Co. 80. Flea as to part of lands, that F. being feised made feoffinent to his own ufe for life, remainder to D. in tail; F. enfeoffed R. in fee, per quod D. entered for the forfei ture, and demifed to A. for years, who enfeoffed defendant in fee; and to the other that D. jeijed in tail by faid feoffinen:, fold the lands to defendant by indenture enrolled. Keplication to both pleas, that F. being feifed made faid feoffment with claufe of revocation, &c. which he made. Rejoinder, that by another deed he releafed the power to revcke. Demurrer, 1. Co. 107. 2. TITLE LESS THAN FREEHOLD. (6) (See Pleas of Right of Common, post. and Distreffes Damage Feafant, poft.) VOL. IX. Page. 24. Plea (to 'declaration for entering plaintiff's house, affaulting, imprifoning, and expelling). 26. 27. 28. 30. ift. Not guilty. 2d. That A. B. and C. his wife, in right of his wife, were feifed of the faid houfe in which, &c. and demised same to one of the defendants, by means of which he entered, giving colour to plaintiff under a pretended demije made to plaintiff by A. B. and C.; that the defendant in his own right, and the other defendants as his fervants entered the house, made a noife, and disturbed, and expelled plaintiff from the poffeffion of the houfe, as they lawfully might. 3d. Licence. 4th. molliter manus impofuit to put him out of the house. 5th. To preferve the peace, charged defendant with a conftable and in aid of the officer molliter manus impofuit. REPLICATION, that after defendant became poffeffed of the house in which, &c. he demised the fame to plaintiff, and that before the end of the demife defendants de injuria, c. broke and entered, and made a noife, and expelled plaintiff. Iffue on the other pleas. REJOINDER, admitting the demife from defendant to plaintiff, but that the fame was duly ended, and iffue to the refidue of replication. SURREJOINDER, that demife was not duly ended. 107. Plea (to trefpafs, for entering building, cutting holes. in the wall, laying timbers therein, &c.), that E. G. feifed of a table, whereof the faid building is part, demifed to B. J. who died inteftate, adminif tration granted to M. T. who entered, and affigned premifes to defendant, giving colour under a prior deed of demife that defendant entered, &c. REPLI CATION, that after the affignment defendant demifed the building to M. T. who affigned to T. P. who afterwards affigned to plaintiff, and de injuria, c.. Rejoinder. (See Declaration, p. 106.) 114. Plea (to trefpafs, for entering clofe, deftroying gates and fences, and breaking to pieces locks, &c. p. 113.). ft. General issue. 2d. Leave and licence. 3d. Bargain and fale to defendant of the pafturage, thereupon defendant put in cattle, and becaufe gates were locked, &c. as he lawfully might do, pulled off the locks. Replication, iffue on the licence to third plea, de injuria fua, 31. 109. 110. 115. c. 116. VOL! IX. Page £34. dered from enjoying his clofe, p. 132.) ift. Not guilty. 2d. That A. B. feifed, demifed the fame to one of defendants, giving colour to plaintiff ander a pretended demile from A. B. to plaintiff, and that defendant and his fervants, because the fhed was wrongfully erected, and doing damage, one defendant in his own right, and the reft as his fervants and by his command, pulled down the shed, and removed the materials to a proper place for the ufe of plaintiff, and that they erected the house, as it was lawful for them to do. REPLICATION, that defendant afterwards demised to plaintiff, and de in135. juria fua, &c. Rejoinder, defendant did not demife: 184. Plea (to trefpafs, for entering clofe and pulling down hedges, &c.), that defendant as tenant from year to year of tenant in fee of a clofe adjoining locuss has a prefcriptive privilege of watering borjes, &c. depafturing in his faid clofe, in a brook which runs through locus, and of paffing with them from his faid clofe over locus to the brook, and fo back again; and because the way was fo obftructed by the hedges removed them. New affignment and colour given, that plaintiff brought his action against defendant for entering a close called A. and not for entering the clofe B. as fuppofed in the plea. Replication, &c. 187. 188. 326. Plea, juftification under demife for seven years, giving colour of demife to plaintiff for life. Plea (to trefpafs againit J. for menaces), that faid J. held of defendant by fealty an! rent, and traverfes that he held at will, Ra. 662. That archbishop feifed, demifed to J. and R. for years, R. furvived, and archbishop demifed to him and his wife for years in reverfion, R. is felo de fe, and king, after inquifition, granted lands to defendant. Demurrer, Ra. 608. Plo. 254. That T. feifed, levied a fine fur cognizance de droit, with proclamations to J. in fee, who demised to defendant. Replication, that H. was feised until T. diffeised him, and levied a fine, H. re-entered within five years, and died, from whom it defcended to W. who demifed to plaintif Rejoinder, maintaining plea, and tra verfes diffeifin, Co. Ent. 673. Plea of demife. Replication, plaintiff feifed of lands in right of his wife, who recovered on a writ of dower by default on fummons and grand cape, 2. Bro. 287. That the queen, being feifed, demifed the tenements in the new affignment to R. for years, which after feveral affignments and bequests came to B. who granted to defendant, who gives colour. Replication, plaintiff confeffes all the grants and affignments to R. and fays that R. granted his eftate to plaintiff, and traverfes that he granted to defendant, and iffue, 1. Bro. 350. That K. feifed of lands for life, demised to plaintiff for a year (except wood), who entered, and defendant as fervant of K. entered and cut the wood, Replication, that K. demifed to plaintiff lands in the new affignment without any exception, and traverses the demife prout, and iffue, 2. Bro. 252. That B. feifed of the clofen which, &c. demifed to defendant for sen years, who demifed to plaintiff for seven years, on condition of re-entry for rent unpaid; and because rent was in arrear defendant re-entered, Tho. 310. That C. feifed of lands, demised to defendant for years, and gives colour, Tho. 316. That W. feifed, demifed to K. for years, who affigned to T. who made defendant executor, and gives colour to plaintiff for demife for life, Tho. 329. That the bishop of L. feifed in right of his bishoprick of lands, demifed to M. for years, who demifed to J. who affigned to R. and defendant as his fervant took and carried the dung damage feafant there, Tho. 404. That plaintiff demifed to defendant for a year, and fo from year to year at will, defendant fowed the clofe before the determination of the will. Replication, that before fowing the clofe it was agreed that defendant should hold the close to fuch a day, and not longer, and traverses that defendant quietly enjoyed the close beyond the day, and iffue, Tho. 407. That plaintiff's father, feifed of houfes and lands, demifed to plaintiff and others for life, rendering rent; father died, and reverfion defcended to defendant, who entered for rent unpaid into the close and took a cow as a distress. Repli cation, de injuria, Wi. Ent. 984. Juftification, damage feafant under a demife for twenty-one years; plaintiff prefcribes for a beep-walk or common under a demife of the like term. Demurrer, Lev. Ent. 209. Replication (to plea of freehold), that before defendant had any thing in the tenements H. was feifed, who demifed to G. for years, if three fhould fo long live, and G. affigned to plaintiff, with averment that G. and others are alive. Rejainder, confeffing the demife, but that G. furrendered the term to H. who enfeoffed defendant, and traverfes that G. affigned to plaintiff, Wi. Ent. 992. That H. feifed of lands, demised to defendant, who took the cattle damage feafant there, and gives colour. New affignment thereto. Same plea to new affignment. Replication, prefcribes for common. Rejoinder, maintaining bar, and traverses prefeription, Wi. Ent. 1000. That plaintiff, feifed, demifed to defendant for years. Replication, that plaintiff was feifed in fee until the trefpafs, and traverses the demife, and issue, Wi. Ent. 1003. Replication (to plea of freehold in clofe and house), that before defendant had any thing of the warden, &c. of the company of fifhmongers of L. demifed to plaintif for years, rendering rent, who was poffeffed till the trefpafs. Rejoinder, confef fing the demife, but that it was a demife on condition of re-entry for rent unpaid; and that the warden, &c. of the company granted reverfion to three, from whom by feveral affignments and mefne conveyances the reverfion came to W. who en tered for rent unpaid, who enfeoffed defendant, who broke the close as his own elofe. Rejoinder, confeffing the grant of the reverfion to three, amongst whom partition was made, by which the condition of re-entry was extinguished. Demurrer, 2. Lat. 1007. That B. feifed of an ancient fheep-walk and liberty of faldage for fheep, not exceeding four hundred, by indenture demifed to defendant for years, who put in his sheep. Replication, de injuria, and traverfe that B. was feifed of an ancient walk at the time in which, &c. or ever afterwards. Rejoinder, that he was feiled. Demurrer, Bro. R. 490. That prebendary, feiled of meffuages, demised to defendant for fifty years, rendering rent, and the bishop and chapter confirmed the estate to defendant, who gives colour to plaintiff Replication, protefting, &c. pleads that no number of years was written in the demife confirmed by the bishop, and traverfes that the bishop confirmed the term to defendant, and iffue, Pl. Gen. 6og. That A. dean and chapter, feised in right of the church, demised the manor and rectory to defendant, who gives colour. Replication, that before A. had any ahing bf R. the dean and chapter being feifed demifed to plaintiff, who was por leffe& |