Plea (by tenant of lands not specified in the return, but in the declaration), to part, non-tenure; to other part, that debtor before the judgment made feoffment to his own ufe for life, remainder to whom he should devife; and he devifed lands to defendant; and traverses that the debtor was feifed in fee at the time of the judgment or afterwards; to refidue, that debtor before the judgment demised to defendant for years, and fince levied a fine to J. who releafed to defendant, and traverfes. Several iffues thereon, 3. Br. 373. Plea by terre-tenants, that one W. is tenant of the meffuage which was of the debtor, and is not returned tenant. Feplication, that defendant is fole tenant of all the lands, and traverfes that W. was tenant of tenement which was of the debtor at the time of the rendition of the judgment, 2. Br. 139. Plea in abatement, that H. feifed demifed to defendant and his wife for one year, for that H. is not returned tenant of the freehold Demurrer, Co. Ent. 624. Plea, that debtor was seised of the lands that defcended to defendant, who levied a fine, with render. Demurrer, Co. Ent. 622, That H. feifed, made feoffment to ufes, and lands defcended to debter in tail, and from him to T. who levied a fine to defendant in fee. Demurrer thereto, Co. Ent. 691. That the father of the debtor deviled to feme for life who demifed to T. for years, and traverse that defendant was tenant of the freehold at the day of fuing out the writ or afterwards. Replication, that he is tenant, Co. Ent. 620. SCIRE FACIAS TO REVIVE, &C. AND ON JUDGMENT. (See Pleas in Abatement to Scire Facias and Replevin.) VOL. IX. Page 489. Scire facias by affignee of two bankrupts, copartners, to revive a judgment obtained by them against defendant before bankruptcy. 502. Seire facias in C. B. by affignees of bankrupt, to revive judgment in affumpfit, which had been once revived by feire facias by the bankrupt before his bank ruptcy. 509. Declaration on feire facias to revive judgment in B. R. 510. Plea to fire facias; an elegit fued out (a fham plea), 519. Declaration on feire facias to revive judgment in B. R. 528. Plea to fcire facias in C. B. that after affirmance in ex- Scire facias to revive a judgment after the year and day, PRECEDENTS in BOOKS of PRACTICE REPORTERS, &c. 1. R. P. B. R. 426 Ibid. 417 Entry Entry of two feire faciases, and nibils returned, and judgment thereon, against an administratrix, on a judgment against inteftate, Scire facias against executors, Scire facias for an aministrator of a plaintiff dying after interlocutory judgment, and before enquiry executed, Scire facias against adminiftrator of a defendant dying after interlocutory judgment, Scire facias in cafe on promifes. Demurrer. Judgment for Scire facias after a year and a day, on a judgment in debt, Scire facias in debt, for an adminiftrator, Entry of fcire facias in debt by an executor, Ibid. 334 Entry of fcire facias in cafe against an adminiftrator, Entry of feire facias in debt against executor, and two nihils returned, Ibid. 336 Sire facias where the plaintiff died after interlocutory judgment, and before final judgment, Ibid. 338 Ibid. 353 Declaration on a feire facias upon a judgment recovered Scire facias for executor to revive a judgment obtained by Entry of fcire facias in debt by a furviving plaintiff, Plea by heir, confeffing affets by descent, and judgment and execution thereof. DAVIS v. PEPYS, Scire facias by executrix of executrix of the recoveror, against the heir of the recoveree, on a judgment obtained against him, to be levied on certain lands, and alfo on the reverfion of other lands held under demifes for life and years when fuch reverfion fhould come into poffeffion. Sheriff's return thereto, that he had warned feveral tenants profert in curia by plaintiff of letters teftamentary, and prayer of execution; appearance by one of the defendants, and plea in abatement to the writ. Demurrer and joinder. Another defendant pleads in abatement to the writ, that the heir is not named. Demurrer and joinder as before, the heir pleads his own infancy, and prays that the parol may de mur. Demurrer thereto and joinder. A third tenant Entry of feire facias in debt by executors of recoveror against the recoveree after judgment obtained in the C. B. for the teftator, and award of execution for the executors, and removal of the record and proceedings from C. B. returnable in B. R. return feire feci. Plea, nul tiel record of the award of execution for the plaintiffs. Replication, that there is fuch record, Seire fatias quare executionem non of judgment recovered in an action of allumpfit in C. B. removed into B. R. Plea in abatement thereto, that another fire facias was depending in the fame court for the fame caufe. Replication, after two imparlances, that the plea on the firft fcire fa ias was difcontinued. Rejoinder thereto, nul tiel record of difcontinuance. Surrejoinder, there is fuch record, and referring thereto by term and roll, Plea to fire facias quare executionem non of judgment in af fumpfit of payment, according to 4. and. Ann. c. 16. f. 12. Judgment by default in feire facias quare executionem nou in ejectment, Stire facias executionem non; return thereto nulla bona, alias fire facias and return. Plea levied by fieri facias after the judgment, and before the firft feire facias. Replication, that theriff did not execute fieri facias modo et forma, and iffue, PRECEDENTS iz BOOKS of PRACTICE, REPORTERS, &c. Lill. Ent. 389. 391 Ibid. 392, 393 Lill. Ent. 393 Ibid. 394 Ibid. 394 Demurrer to feire facias quare executionem non, after over prayed of the two writs, and returns that the writ is witneffed by Thomas inftead of John Pratt, Ibid. 397 Judgment in feire facias for the plaintiff, that he have execution, &c. Ibid. 348 Diftringas in Middlefex, in feire facias by furviving executrix in debt in B. R. Ibid. 567 Writ of elegit after feire facias on a judgment in debt in the late reign, Ibid. 573 Elegit in debt for the refidue (after part levied), by adminif Seire facias against the late fheriffs why they fhould not pay the money levied on a teftatum feire facias, part levied and not paid, trator de bonis non after a feire facias on a judgment recovered by the inteftate, Itid, 572 Ibid. 642 Sire facias on judgment before the keepers of the liberty, &c. brought by the exe cutor of furviving executor against the heir and terre tenants, and five feci re-turned; terre-tenants plead that defendant never was feifed, Thef. Br. 228. By the king, on a judgment obtained in debt by an autlaw, Br. 228. On an attaint, Ibid. 228. On judgment in quare impedit by an outlaw, Ibid. 249. By the king's almoner, when plaintiff after judgment in ejectment, and before execution became felo de fe, Ibid. 273. By the king cn judgment in quare impedit, Reg. fud. 62. By the king against the poffeffor of the archdeaconry, where the ten poralities of the bishop are feifed into the hands of the king by the judg ment of the court, and the king gants the archdeaconry, Ibid. 63. By By the king, on judgment in quare impedit against the bishop in the time of the late king and one who entered into the church, 1. H. 5. 8. On a judgment in affize of the laft prefentation, on account of the cuftody of an ideot, when the king on judgment prefented J. who was admitted and refigned. Plea, that the judg ment was unduly obtained by confeffion of defendant's attorney after the jury refpited, prout patet per recordum, and judgment for defendant, Moile, 129. Scire facias on a judgment in quare impedit, by furvivor to have prefentation, 2. Br. 114. Br. 256. For cefts only, Ibid. 269. To have presentation, 2. Br. 115. Moile, 135. Seire facias against bishop and clerk on a judgment in quare impedit, nil dicit by bihop. Plea by clerk, that plaintiff was outlawed, he refigned, and the king afterwards prefented him by reafon of the outlawry, and was admitted; and outlawry afterwards was reverfed by writ of error, Moile, 135. Scire facias on judgment by default in waste, 3. Br. 377. On the feifin, and damages in waste, 2. Br. 123. Br. 278. For damages only, Vet. Int. 9. Seifin only in place waited, Br. 278. By husband and wife, on judgment by affault in wale, obtained by wife, when fole, and another deceased, Br. 280. For damages in waste; sheriff returns defendant dead; fi. fa. awarded to adminiftrator, Ibid. 229. Against A. and B. in wafte; B. makes default, A imparls, and then non informatus, Ibid. 280, Scire facias to have feifin in dower, Ra. Ent. 235. Reg. Jud. 12.23. Finch, 91. Vet. Int. 11. Of lands into which one entered after judgment rendered, Ra. Ent. 236. Moile, 160. For the rent, Ra. Ent. 236. Vet. Int. 9. By widow, on judgment in dower obtained by her and her late husband, against C. deccafed, to have feifin against one who entered into the lands, and held them, being parcel of the manor, 2. Br. 110. Br. 115. Scire facias by the now tenant in a writ of entry, who after judgment entered into the lands. Plea of non tenet after imparlance, plaintiff prays execution fuo periculo, and hath it, Ra. Ent. 279. On judgment by default in formedon. Plea, that on the day of the original fued out he was not feifed of the lands, and fo the recovery void. Replication, that he on the fame day was tenant thereof, Ra. Ent. 357. Plea to fimilar fei. fa. that on the day of fuing out the original the tenant named in the writ was not tenant thereof, but one W. in a que eftate, Replication, that the tenant in the writ on that day was tenant, Ra. Ent. 367. Vet. Int. 11. 2. Br. 120. Plea to fimilar fei, fa. that tenements are not contained in the recovery, Ra. Ent. 590. For damages in a re-difleifin, Moile, 240. 237. For damages in an affixe of office, By prior against fucceeding vicar, on a judgment in juris utrum, and execution by default thereon, Ra. Ent. 590. Vet. Int. 12. By fucceeding prior against fifters, co-heireffes, on a judgment to be quit of fervices in a writ of messe, Ra. Ent. 434. Vet Int. 11, Reg. Jud, 66. 11, BY IN DOWER. By bufand and wife, on a judgment obtained in dower by the wife, fole, of part On judgment in dower against the ward of the land and heir, where the brother and Stire facias for the value and damages in dower against the heir of his father's lands. SCIRE FACIAS, &C. CONTINUED. Scire facias to have feifin against two of feveral lands recovered, Ra. Ent. 590. By one parcener after the death of the other, whofe heir he is, to have feifin of Stire facias to have feifin on a judgment in a writ of entry against one who entered Scire facias on judgment in a right of ward, Moile, 114. On interpleader awarded By two co-heireffes within age on a judgment in partition obtained by the father, On judgment in ejectment, Br. 228. Scire facias to have reftitution of lands recovered by writ of right close, and judg оп |