&c. Plea, that premifes before the marriage of demandant were limited in ftrict fettlement; remainder to H. R. for one hundred years; remainder, as to one fixth part, to B. R. and that the term is not yet expired. Demandant prays judgment of the remainder. Plea in abatement after byer, and terre-tenant prays judgment of the writ of sci. fa. because it does not appear that the term is not determined. Replication, and the demandant prays judgment, for that the faid R. C. terre-tenant prays judgment of the writ without any probable caufe, and fays nothing in bar of the exccution of feifin, and for that the remains undefended. Demurrer, for that faid 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 fuffered in C. B. in Ireland. Sci. fa. to the heir and terre-tenant. Plea by heir by his guardian, non-age, and prays that during his minority no proceedings may be had. Demurrer, and joinder by guardian. Plea 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 feifed in fee, &c. Judgment for the infant, PRECEDENTS in Books of PRACTICE, Com Rep. 185 to 187 2. Ld. Raym. 1434 Seire facias againft terre-tenants on judgment in debt in London, fheriffs return no terre tenants; teftatum awarded against terre-tenants in county of N. Sci. fa. defendants appear, imparlances, and plea that H. 7. being feifed, granted the manor, &c. in tail, which after feveral defcents came to the debtor, who died without an heir, and the manor defcended to his brother who levied a fine to defendant in fee. Replication, that a common recovery was fuffered before judg ment obtained. Rejoinder, protefting that recovery was not fuffered to the ufe of recoveror, for plea that it never was executed. Demurrer, and judgment for defendant, Off. Br. 245. to 251. Against J. H. tenant of certain tenements of deceafed debtor. Plea, that the deb or before judgment made a feoffment to defendant in fee, and traverses that debtor was feifed in fee at the time of the judgment rendered, or afterwards. Iffue on the traverse, Off. Br. 251. Special verdict thereon, and jury fay, that the feoffment was made by fraud, and if judgment for plaintiff, then fay, that debtor at the time of rendering the judgment was feifed in fee, Off. Br. 253. Scire facias against an heir upon a recovery in debt against his ancestor, Mo. Int. 233. 364. Bro. Met. 345. 356. Off. Br. 321. 324. Sci. fa. against an heir, Bro. Vad. 582. 599. Scire facias by executor, on recognizance in chancery against terre-tenants of cognizor who pleads that the cognizor was feifed jointly, and died fo feifed. The other terre-tenant pleads that one W. was feifed in truft for the cognizor, and that W. and the cognizor bargained and fold to him, and traverfes that cognizor was feifed in fee. Replication, confefles joint feifin, and fays that the cognizor and the other joint-tenant bargained and fold to defendants, and traveries that the cognizor died feifed, and prays execution of a moiety, and ifte on the traverfe, 1. San. 9 to 12. Plea by terre-tenants, that they have nothing except a reverfion after five years, Clif 671. That there are more tenants in the fame county, Ibid. 272. Scire facias against terre-tenants, upon a judgment recovered against the heir in VOL. IX. Q ૧ Sett, debt, Mo. Int. 375. Against tenant, by the curtefy after the death of his wife, an heiress; as alfo against another heir, Ibid. 375. Scire facias against brother and heir, tenant of lands on a judgment in debt in London, and fheriffs return that there are no tenants. Teftatum awarded against terre-tenant in the county of R. Off. Br. 264. Entry, and fheriff of R. returns feire 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 curtefy, as hufband of S. fifter and heiress of E. and F. coufin, and the other heir of G. on a judgment recovered against R. and S. his wife; and faid F. Of. Br. 265.2. Bro. 139. Judgment by default on an alias fei fa. against terre-tenant, and sheriffs return saire feci, and elegit awarded, Off. Br. 273. By adminiftrator in debt, against terre-tenants on a recognizance before chief justice of C. B. Off. Br. 274. Sheriffs return to alias sci, fa. that there are no tenants, Ibid. 273. For arrears of annuity against an heir, and nul tiel record; and efloppel pleaded by Seire facias to execute a fine by the heir of cognizee after death of tenant for life 284. Plea, that defendant was tenant at will, Off. Br. 343. Scire facias by heir, who after entry of fere facias pleads that tenements defcended to him, and thereupon prays execution, Ra. Ent. 587. By fon and heir and executor of a will, on a judgment by the father in an afsize of nuisance; nil dicit thereto, Moile, 158. By adminiftrator against terre-tenants after infufficient return of extent on statute After iffue joined, one of the tenants died; alias fei. fa. by journies accounts, ano- Scire facias against coufin and heir and terre-tenant, 2. Br. 139. Teftatum to Lan- mil dicit, 1. Br. 99. Declaration against terre-tenant on fire facias, where no mention made of lands in the return, 3. Br. 372. Against heir, now tenant of the deceased father's lands, and plea thereon, 2. Br. 135. Tftatum fcire facias by two hufbands and their wives, executrixes, against terre-tenant on a judgment obtained by executor for the term, Co. Ent. 623. Scire facias by lord of the manor, being ancient demefne, against the heir and terretenant to annul a fine levied of houses, &c. of the faid manor, return nihil against the heir, and feire facias against tenant, who comes and pleads that fine ought not be made void on fcire facias, but by original writ of deceit out of chancery. Demurrer, 3. Lev. 415. Entry of fcire facias against terre-tenant, and fheriffs return fcire 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 fheriff returns fcire feci the heir and terre-tenants, who appear and imparl, Off. Br. 281. Entry of feire facias, and teftatum fcire facias in debt, against terre-tenants, and W. is alone returned fon and heir and terre-tenant of lands, which defcended to the fon of the property in fee fimple, and that there are no other tenants, Of. Br. 286. Scire facias by adminiftrator de bonis non of adminiftrator of furviving plaintiff, against heir and terre-tenant, directed to the bishop of Durham; mandate to the sheriff; answer feire feci; the coufin and heir of debtor, who is fole tenant of the manor and lands which were of the deceafed in fee fimple, and there are no other tenants, Off. Br. 289. 1 Scire facias, terre-tenants in debt, and sheriff's return feire feci to three, who appear, and after feveral impar lances by two non fum informatus; other pleads quoad. &c.; that the debtor long before the rendition of the judgment made a marriage fettlement by leafe and releafe, which marriage was had, and the parties fhould stand feifed to the ufes in that indenture, Off. Br. 292. That urfula is in being, and that the meffuage and piece of land in the indenture fpecified, 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 judgment 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. 190. Of. Br. 323. Scire facias against terre-tenants, on return by administrator, with number of the roll, Off. Br. 300. Teftatum feire facias by fheriff 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 diffeifed, and feoffees re-entered, and enfeoffed defendant. Replication, that the father of the debtor being feifed died, and defcent to the debtor, who was feifed before and after judgment rendered, and afterwards enfeoffed feoffees, &c.; and traversed that debtor diffeifed feoffees before judgment pleaded. This held ad, Off. Br. 302. Teftatum fcire facias against terre-tenants in two counties; fheriff returns feire feci; terre-ten.nts of one county make default, and judgment; and of the other county, pleads that there are two men of the fame name at S. one of them called T. R. fenior, and the other T. R. junior. Replication, protesting that T. R. fenior, never was commorant at S.; for plea, that T. R. in the return of the writ named, acknowledged; and iffue, Off. Br. 303. Seire facias for the value and damages in dower against the heir, who holds lands of his brother. Appearance, and nil dicit, Off. Br. 303. Teftatum fcire facias in debt against heir and terre-tenant, on a judgment recovered against the plaintiff's father, Off. Br. 305. By executor, terre-tenant, and sheriffs Qg 2 return Scire return one tenant of the manors of W. L. W. and C. who appears, and fays Seire facias to terre-tenants and parceners after the death of their ancestors, Of Plea to fcire facias, that J. and J. feifed demifed to defendant at will, and on the day 300. Scire facias against terre-tenants, on a judgment in debt in London; sheriffs return Scire facias by executors, on a recognizance in chancery against cognizor, return and and refidue tendered, z. San. 68. Plea, that plaintiff after delivery of lands in execution had kept him out, Ibid. 68. Entry of feire facias, and teftatum, and elegit, and inquifition returned against terretenants, Bro. Met. 290. Entry against heir, on judgment against his father in debt, and nihil returned, and teftatum into another county againft tenants of the lands, Ibid. 358. Scire facias by heir, tenant, against the vouchee in writ of entry in the port, Off. Br. 343. Against defendants and terre-tenants, 1. Lut, 854. Return, that one of defendants dead, by which one J. G. was terre-tenant of a moiety, &c.; and the faid J. G. by his attorney fays, that there was an original tefted, 1. Mar. 32. Car. 2. filed of Eafter term of the fame year, and alfo a writ of fummons and certiorari awarded to cuftos brevium, and writs certified in hæc verba, and entered, Ibid. 855. Scire facias for tenant by elegit after the end of term of years made by the debtor, where the leffee during the term was expelled, Bro. Met. 364. Against tenant by elegit, to account, Ibid. 371. Againfi terre-tenants, where defendant in the judgment fold his lands (after plain tiff's judgment), and died, Bro. Vad. 380. Scire facias to the heir on feire feci returned, who pleaded that no goods came to his hands, Thef. Br. 242. Plea by terre-tenant, another judgment rendered for the fame debt against defendant in the original judgment, and another which was taken on capias ad fatisfaciendum difcharged by confent of plaintiff. Replication, protefting that he did not fue out capias ad fatisfaciendum, for plea, that it was not discharged by his confent, Thef. Br. 270. Plea by terre-tenants on fcire feci returned, that the defendant in judgment was never feifed in fec fimple. Replication, that he was feifed in fee (et hoc, &c. which is bad), Thef. Br. 272. 273. That defendant is coufin and heir, and not plaintiff, Vet. Int. 75. Plea to teftatum feire facias by adminiftrator, against terre-tenants in debt, that there is another terre-tenant of the manor in another county, not fummoned. Replication, that J. feifed made a feoffment to ufes in tail of the lands that defcended to the debtor, and traverfes feifin in fee, Moile, 150. Scire facias by furviving executor against the fon and heir on a judgment in debt. against the father, and judgment by default on two nihils returned, 2. Br. 122. Br. 235. Scire facias by executor against heir, to whom lands defcended from the father. Imparlance, and plea riens per difcent, Moile. 117. Br. 235. Plea, that debtor, feifed before judgment, made a feoftment to ufes in tail of lands that defcended to defendant in tail. Replication, that debtor at the time of the judgment rendered was feifed in fee, and traverfes feoffment to ufes, Moile, 113. That debtor, feifed before judgment, levied a fine to his own ufe for life, remainder to his wife, now tenant, by jointure. Replication, that debtor, after judgment, was feifed in fee, and fo died feised, and traverse that fine was levied to faid uses, A. 24. Plea, a returned tenant of lands in B. not mentioned, that he is tenant of the meffuage and certain lands, and that debtor was not feifed thereof at the time of the judgment or afterwards, and that he is not tenant of any other lands. Like plea by B. Plea in abatement by C. demife to him for years by debtor. Like plea by another. Replication, lease has expired, and C. tenant by diffeifin, &c. Demurrer, Her. 327. Plea to fcire facias against 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 inquifition are the fame lands. Replication, not the fame, 2. Br. 135. That debtor was not feifed of the lands at the time of the judgment or afterwards, Co. Ent. 624. Q93 Plea |