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Books of PRACTICE,
&c. Plea, that premises before the marriage of demand-
ant were limited in strict setilement; remainder to H, R.
for one hundred years; remainder, as to one sixth part, to
B. R. and that the term is not yet expired. Demandant
prays judgment of the remainder. Plea in abatiment after
byer, and terre-tenant prays judgment of the writ of jci.fa.
because it does not appear that the term is not determined.
Keplication, and the demandant prays judgment, for that
ihe said R. C. terre-tenant prays judgment of the wric
without any probable cause, and says nothing in bar of the
exccution of seilin, and for that she remains undefended.
Demurrer, for that said demandant in her replication does
not answer the plea in abatement.
Error in B. R. in England, to reverte a judgment in error in
B. R. in Ireland on a common recovery luffered in C. B.
in Ireland. Sci. fa. to the heir and terre-tenant.
heir by his guardian, non-age, and prays that during his
minority no proceedings may be had. Demurrer, and
joinder by guardian. Plca by terre-tenants after oyer,
that A. M. the infant is tenant in fee, and traverses that
they or either of them were, or are seised in fee, &c.
Judgment for the infant,
2. Ld. Rayrr, 1434
Srire facias against terre-tenants on judgment in debt in London, sheriffs return no
terre t-nanes ; teftatum awarded againit terre-tenants in county of N.
defendants appear, imparlances, and plea that H. 7. being feised, granted the
manor, &c. in tail, which after several descents came to the debtor, who died
without an heir, and the manor descended to his brother who levied a fine to de.
fendant in fe. Replication, that a common recovery was suffered before judg.
ment obtained. Rejoinder, protesting that recovery was not suffered to the use
of recoveror, for plea that it never was executed. Demurrer, and judgment for
defendant, Off. Br. 24. to 251.
Against ). H. tenant of certain tenements of deceased debtor. Plea, that the
deb.or before judgment made a feoffment to defendant in fee, and traverses that
debtor was feised iu fee at the time of the judgment rendered, or afterwards.
Issue on the traverse, Off. Br. 251. Special verdid thereon, and jury say, that
the feoffinent was made by fraud, and if judgment for plaintiff, then say, that
debtor at the time of rendering the judgment was seised in fee, Off. Br. 253.
Scire facias against an heir upon a recovery in debt against his ancestor, Mo. Int.
233. 364. Bro. Mit. 345. 356. Of Br. 321. 324. Sci. fa. against an heir,
Bro. Vad. 582. 599.
Scire facias by executor, on recognizance in chancery against terre-tenants of coge
nizor who pleads that the cognizor was seised jointly, and died fo feised. The
other terre-tenant pleads that one W. was feised in trust for the cognizor, and
that W. and the cognizor bargained and sold to him, and traverses that cognizor
was seised in fee. Replication, confefies joint seifin, and says that the cognizor
and the other joint-tenant bargained and sold to defendants, and traveries that
the cognizor died seised, and prays execution of a moiety, and ise on the tra-
verse, 1. San. 9 to 12.
Plea by terre-tenants, that they have nothing except a reversion after five years,
Clif. 671. That there are more tenants in the same countv, Ibid. 272.
Scire facias againit terre-tenants, upon a judgment recovered against the heir in
debt, Mo. Int. 375. Against tenant, by the curtesy after the death of his wife,
an heiress; as also againit another heir, Ibid. 375.
Scire facias against brother and heir, tenant of lands on a judgment in debt in Lon-
don, and theriffs return that there are no tenants. Teffatum awarded againt
terre-tenant in the county of R. Off. Br. 264. Entry, and theriff of R. recargs
fcire feci, the heir and terre-tenant, and W. alone is retained tenant of the
manor and lands, who made default ; judgment thereon, and writ of enquiry
awarded, Ibid. 264.
Against R. tenant, by the curtesy, as husband of S. fifter and heiress of E. and F.
cousin, and the other heir of G. on a judgment recovered against R. and S. bis
wife ; and said F. Off. Br. 265.2. Bro. 139.
Judgment by default on an alias foi fa. against terre-tenant, and sheriffs return fire
feci, and elegit awarded, of. Br. 273.
By administrator in debt, against terre-tenants on a recognizance before chief justice
of C. B. Off. Br. 274. Sheriffs return to alias foi. ja. that there are no tenants,
For arrears of annuity against an heir, and nul tiel record; and effoppel pleaded by
record in court, Bro. Met. 368. 369.
Scire facias to execute a fine by the heir of cognizee after death of tenant for life
in the tenements into which one entered, of. Br. 276,
Scire facias brought by one exe" utor against heir and terre-tenants, on a judgment
before the protector. Plea in abatement, non-fummons of one terre-tenant.
Replication, never feised; and demurrer, refpondeas ouffer, Thef. Br. 182. Plea
over capias ad fatisfaciendum sued on the judgment, and sheriff permitted defend.
ant to escape ; and plaintiff brought an action against the lheriff on the judgment,
reciting the taking in execution and escape, and had judgment against the theriff
who paid a large sum of money, which he accepted in discharge of the several
judgments aforesaid. Demurrer, joinder, and judgment for plaintiff, Ibid.
Plea, that defendant was tenant at will, Of. Br. 341.
Scire facias by heir, who after entry of fore facias pleads that tenements descended
to him, and thereupon prays execution, ka. Eni. 587. By son and beir and ex.
ecutor of a will, on a judgment by the father in an asize of nuisance ; xil dicti
thereto, Moile, 158.
By administrator against terre-tenants after insufficient return of extent on statote
merchant, 3. Br. 368.
After issue joined, one of the tenants died; alias foi. fa. by journies accounts, ano-
ther tenant died, and another writ by journies accounts one of tenants makes
default, and afterwards died; his wife and lifter come and pray to be received,
and that the plaint may remain because of minority, Moile, 132.
Against terre-tenants on judgment in debt, Br. 223. 243. Teftatum thereon, Br.
223 243. 255. 2. Br. 139. Where sheriff on fcire facias against the heir returns
no lands, 2. Pr. 114. Against heir feised of lands of the father, 2. Er. 112.
Br. 236. 262. 238. 254.
Scire facias against cousin and heir and terre-tenant, 2. Br. 139. Teftatim to Lan-
caiter against terre-tenant, where plaintiff after judgment is made a baronet, 2. Br.
243. 4gainst terre-tenant, Moili, 119. In different counties, Ibid. 194. Where
theriff returns mortuus, Br. 241. In London, where sheriff returns no tenants.
Teftatum, that defendant liad lands in two counties, and fcire facias awarded,
Ibid. 266. By administrator of goods not administered against terre.tenants,
Ibid. 243. Teftarum awarded out of London against terre-tenants in debt; con-
tinuances; return fcire facias to several tenants ; imparlance, and several ple s,
Co. Ent. 619: 623. Where one is returned terre-tenant, and no mention of the
land, Co. Int. 620. Her. 326. Where he is named heir and terrc-tenant, Co.
Ent. 622. Against terre.tenants in debt, and the heir returned terre-tenant
nit dicit, 1. Br. 99. Declaration against terre-tenant on foire facias, where no
mention made of lands in the return, 3. Br. 372. Againit heir, now tenant of
the deceased father's lands, and plea thereon, 2. Br. 135. Tiftarum scire facias
by two husbands and their wives, executrixes, against terre-tenant on a judg-
ment obtained by executor for the term, Co. Ent. 623.
Scire facias by lord of the manor, being ancient demesne, against the heir and terre-
tenant to annul a fine levied of houses, &c. of the said manor, return nihil against
the heir, and fcire facias against tenant, who comes and pleads that fine ought not
be made void on scire facias, but by original writ of deceit out of chancery. De.
murrer, 3. Lev. 415.
Entry of scire fucias against terre-tenant, and heriffs return scire feci, two terre-
tenants, and judgment by default against one; another appears and imparls,
of Br. 277:
Entry of feire facias against heir and terre-tenants of manor and divers lands and
tenements, whereof heriff returns fcire feci the heir and terre-tenants, who
appear and imparl, Off. Br. 281.
Entry of fcire facias, and teftarum scire facias in debt, against terre-tenants, and W.
is alone returned son and heir and terre-tenant of lands, which descended to the
son of the property in fee fimple, and that there are no other tenants, 05.
Scire facias by adminiftrator de bonis non of administrator of surviving plaintiff, against
heir and terre-tenant, directed to the bishop of Durham; mandate to the theriff ;
answer fire feci ; the cousin and heir of debtor, who is fole tenant of the manor
and lands which were of the deceased in fee simple, and there are no other
tenants, Of. B7, 28y.
Scire facias, terre-tenants in debt, and sheriffs return scire feci to three, who appear,
and after several imparlances by two non sum informatus; other pleads quoad, &c.;
that the debtor long before the rendition of the judgment made a marriage settle-
ment by lease and release, which marriage was had, and the parties shouid stand
seised to the uses in that inienture, Of. Br. 292. That ursula is in being, and
that the messuage and piece of land in the indenture specified, and the cottage in
the return mentioned, are one, Off. Br. 295:
Scire facias in partition by the heir to have excution where the father died after judg-
ment of partition, with the number of the rolls and marks, Off. Br. 297.
Scire facias by baron and feme, on a recognizance made to feme fole, againit tenant
of the land, Pl. Gen. 19o. Of. Br. 323.
Scire facias against terre-tenants, on return by administrator, with number of the
roll, Off Br. 300.
Teftatum fcire facias by sheriff of Suffolk against terre-tenants, who returns C. who
pleads that debtor before judgment enfeoffed H. H. in fee, who were feised till
the debtor entered and diffeised, and feoffees re-entered, and enfeoffed defend-
ant. Replication, that the father of the debtor being feised died, and descent
to the debtor, who was seised before and after judgment rendered, and after-
wards enfeoffed fcoffees, &c.; and traversed that debtor diffeised feoffees before
judgment pleaded. This held ad, Off. Br. 302.
Teftatum fcire facias against terre-tenants in two counties ; sheriff returns feire feci;
terre-cen..nts of one county make default, and judgment; and of the other
county, pleads that there are two men of the same name at S. one of them called
T. R. fenior, and the other T. R. junior. Replication, protesting that T. R.
senior, never was commorant at S.; for plea, that T. R. in the return of the
writ named, acknowledged ; and issue, Of. Br. 303,
Scire facias for the value and damages in dower against the heir, who holds lands
of his brother. Appearance, and nil dicit, Of: Br. 303.
Teftatum fcire facias in debt against heir and terre.tenant, on a judgment recovered
againit the plaintiff's father, OH. Br. 305. By executor, terre-tenant, and theriffs
return onę tenant of the manors of W. L. W. and C. who appears, and says
another was tenant of the debtor's tenements, which are chargeable with the
judgment, therefore fcire facias against him and the other, Ibid. 306. Scire
facias against terre-tenant, cum teftamento, &c. Of. Br. 325. By two co-beiresses,
to have seisin of lands recovered by judgment in writ of entry on disleisinin
le quibus by his ancestors, Ibid. 30
Scire facias to terre.tenants and parceners after the death of their anceitors, of:
Br. 340. For debt, againit the heir, and judgment, Ibid. 338.
Plea to scire facias, that J. and J. feised demised to defendant at will, and on the day
of suing out original he had nothing, &c. Replication, that he was tenant on the
day, and iffue, 0ff. Br. 345. Plea, that demandant was feised of the tenements,
and enfeoffed one B. which cítate, &c. Replication, did not enfcoff, Ibid. 377.
Award thereof against terre-tenants, Ibid. 342, Scire facias against heir, Has.
237• Plea by heir, no lands by descent, Bro. Met. 369. Replication, and issue,
Of. Br. 344.
Against terre tenants, 1. Inft. Cl. 145. Hans. 252. By the beir,
against terre tenant, Off. Br. 333. On recognizance, against terre-teirant, ibid.
344. Entry of fcire facias on a fine levied againft tenants who severally hold
rents and lands, ibid. 346. Fntry of scire facias against terre-tenants at the time
of rendering the judgment, Ibid. 277. 281. Tiffatum jeire facias in another coun.
ty, against terre-tenant where sheriff returns no terre-tenants in his bailiwick, Ibid.
282. Against terre-tenant, where it is alledged defendant died feised, &c. Ibid.
300. Tepatum scire facias against tenants, Bro. Met. 360. Against terre-tenants,
on judgment against the heir in debt, 1. Inft. Cl. 321. Scire facias againft terre-
tenants, 1. Bro. 323. Sheriffs return no tenants, and teftatum 10 sheriff of G.
1. Bro. 324. 1. Int. Cl, 321. Scire facias against terre-tenants, who enter.d
after judgmenr rendered, of. Br. 332. Plea by tenant, that strangers whose
eftare. &c. had, were seised on the day of suing out the writ, Ibid. 333. 340.
Plea by terre-tenants, that he was feised by feoffment until tenant in formed on by
fraud between him and demandant had entered, with the intention that demandang
might sue out againit her, and that on the firit day he mighe confets the action,
Scire facias against terre-tenants, on a judgment in debt in London ; theriffs return
that there are no tenants ; leflatum againit terre tenants in county of N. and
sheriffs return fcire feci one P. T. tenant of divers messuages, and that there are no
other tenants. Appearance of P. and after fpecial imparlance, and further special
imparlance, pleads in abatement, that one G. and ). were tenants of two meilu-
ages in county of S. of which the debtor was seised at the time of rendering the
judgment, and not returned, Demurrer, 2. Ven. 101
Srire facias by exccutors, on a recognizance in chancery against cognizor, return
cognizor dead; and against heir and terre-tenants return joire feci J. H. and T.
tenants of two mesluages in G. likewise R. and A. tenants of twelve houses in S.
Plea in abarement, that one R. was tenant of one meiluage in London, and non-
fummons ; fcire facias awarded to theriffs of London, eturn fcire feci, and there.
upon that defendant answer over, 2. San. 7. R. and A. plead that one S. being
feifed enfeoffed cognizor and T. per quod cognizor and T. wire jointly feised, and
died, and traverses that cognizor was tole seised, but does not say that the tenements
ca.neto T. Replication, contelles feoffment and joint seisin, but that after recogni.
zance of the debt cognizor and T.sold to defendant ienements (by indenture enrolled in
chancery), whereof they themselves are returned tenants, per quod a moiety of
tenements is chargeable with the debt, and traverses that cognizor died feised, Ibid.
9. 12. J. H. and T. plead, that one R. being feited by lease and release, fold 10
W.in trust for the cognizor, and that W. and cognizor sold to defendant, and
traverse that cognizor at the time of the recognizance of the debt or afterwards
was seised. Ifue on the traverse, lbid. 11. 13. Demurrer to replication.
Srire faciaagainst terre-tenant by elegit, where part had been levied by profits,
and residue tendered, 2. San. 68.' Plea, that plaintiff after delivery of lands in
execution had kept him out, Ibid. 68.
Entry of feire facias, and tcftatum, and elegit, and inquisition returned against terre.
tenants, Bro. Met. 290. Entry against heir, on judgment against his father in
debt, and nihil returned, and refiarum into another county against tenants of the
lands, Ibid. 358. Scire facias by heir, tenant, againit the vouchee in writ of
entry in the port, Of. Br. 343. Against defendants and terre-tenants, 1. Lui,
854. Return, that one of defendants dead, by which one J. G. was terre-tenant
of a moiety, &c.; and the said J. G. by his attorney says, that there was an
original teited, 1. Mar. 32. Car. 2. filed of Eafter term of the same year, and
also a writ of tummons and certiorari awarded to custos brevium, and writs certified
in bar verba, and entered, Ibid. 855.
Scire facias for tenant by elegit afier the end of term of years made by the debror,
where the lessee during the term was expelled, Bro. Mer. 364. Against tenant
by elegit, to account, Ibid. 37'.
Against terre-tenants, where defendant in the judgment fold his lands (after plaina
tift's judgment), and died, Bro. Vad. 380.
Scire facias to the heir on scire feci returned, who pleaded that no goods came to his
hands, Thes. Br. 242.
Plea by terre-tenant, another judgment rendered for the same debe against defend-
ant in the original judgment, and another which was taken on copias ad fatisfa-
ciendum discharged by consent of plaintiff. Replication, protesting that he did
not sue ont capias ad fatisfaciendum, for plea, that it was not discharged by his
consent, Thej. Br. 270.
Plea by terre-tenants on scire feci returned, that the defendant in judgment was
never feised in fec fuple. Replication, that he was feised in fee (et hoc, &c.
which is bad), Thef. Br. 272. 273.
That defendant is cousin and heir, and not plaintiff, Vet. Int. 75.
Plea to teftatum scire facias by adminiftraior, against terre-tenants in debt, that
there is another terre-tenant of the manor in another county, not summoned.
Replication, that J. feised made a feoffment to uses in tail of the lands that des
scended to the debtor, and traverses feisin in fee, Moile, 150.
Scire facias by surviving executor against the son and heir on a judgment in debt
against the father, and judgment by default on two nihils reurned, 2. Bri 122.
Br. 235. Scire facias by executor against keir, to whom lands descended from
the father. Impar!ance, and plea riens per discent, Moile. 117. Br.
Plea, that debtor, feised before judgment, made a feoftment to uses in tail of lands
that descended to defendant in tail. Replication, that debtor at the time of the
judgment rendered was feised in fee, and traverses feoffment to uses, Moile,
That debtor, feised before judgment, levied a fine to his own use for life, remainder
to his wife, now tenant, by jointure. Replication, that debtor, after judgment,
was seised in fee, and so died seiled, and traverse that fine was levied to faid uses,
Aph. 24'. Plea, a returned tenant of lands in B. not mentioned, that he is tenant
of the messuage and certain lands, and that debtor was not seised thereof at the
cime of the judgment or afterwards, and that he is not tenant of any other lands,
Like plea by B. Piea in abatement by C. demise to him for years by debtor.
Like plea by another. Replication, lease has expired, and C. tenant by diffeisin,
&c. Demurrer, Her. 327.
Plea 10 /cire facias againtt a tenant of certain lands of deceased debtor, that lands
were extended on a recognizance in the court of wards, and averment that lands
in the writ and inquisition are the same lands. Replication, not the same, 2. Br.
135. That debtor was not seised of the lands as the time of the judgment or after-
wards, Co. Ent, 624.