N L, M L, W L, A L, FL and E L, was seized of the demanded premises, with the appurtenances in her demesne as of fee and right, in a time of peace, and within forty years last past, by taking the esplees thereof to the yearly value of $—, and continued so seized until the said S W, and R his wife, thereafterwards, to wit, on &c., unjustly and without judgment of law, entered into the same demanded premises, and thereof disseized the said N W, who thereafterwards, on &c., died seized of the right in and to the demanded premises &c., from whom thereupon, for that she died without heir of her body begotten, the said right, as to one undivided fourth part of the demanded premises, descended to the said A W, as sister and one of the heirs of the said N W; and as to one other undivided fourth part descended to one N B (now deceased,) as brother and one of the heirs of the said N W; and from the said N the said right to the said undivided fourth part, descended to the said N B, N B, and M B, as children and heirs of the said N B, deceased; and as to one other undivided fourth part, the right of the demanded premises descended from the said N W to one N B, as mother and one of the heirs of the said N W; and from the said N B, the said right to one undivided fourth part, as to one third part of the said fourth part, descended to one B L, wife of the said W L, as daughter and one of the heirs of the said N B; and from the said B L the said right to one third part of said fourth part, descended to the said E K, N L, M L, W L, A L, F L, and E L, as children and heirs of the said B L, and from the said N B (deceased,) the said right to said undivided fourth part, as to one other third. part of said fourth part, descended to the said A W, as daughter and one of the heirs of the said N B (deceased ;) and, as to the remaining third part of the said undivided fourth part, the right of the said undivided fourth part descended to the said N B (first above named,) N B2, and M B, as children of a deceased child of the said N B (deceased,) and co-heirs with the said B L (deceased,) and the said A W, of the said N B (deceased ;) and from the said N W (deceased,) the right of the demanded premises, as to the remaining fourth part of the same, descended to the said B L (deceased,) as sister and one of the heirs of the said NW; and from the said B L the sail right to the said fourth part of the demanded premises, descended to the said E K, N L, M L, W L, A L, F L, and E L,

as children and heirs of the said B L. And so the demandants say, that the right of the demanded premises hath descended to them, and they ought to have quiet possession thereof; yet the said S and R unjustly detain the same.

WRIT OF FORMEDON.

1. In the descender.

THIS writ lies for the issue in tail, in case of an alienation by the donee in tail, or in case of a disseizin done to him, to recover the lands given in tail. F. N. B. 486, L.

And

It is necessary to show in the count, that the person last seized was heir to the donee. 8 Co. 88, b. To say "son," is not sufficient. The demandant must mention every one in his pedigree, who was seized, or had a right descended to him, by force of the entail, and must always be made heir and cousin, or son and heir, to him who was last seized of the estate entailed. Dy. 216, a; 8 Co. 88, b. the surest way is to make every man, who is named in the writ, son and heir, or brother and heir, in the writ, although perhaps he was never seized by force of the entail. Thus, if tenant in tail hath two sons and dieth, and a stranger abateth, and afterwards the elder dieth before entry, the younger shall have Formedon in the descender, and needeth not name his elder brother, heir to the father in the writ, but only son, because he never had seizin of the land, but only held the estate; but otherwise, if the elder brother had entered, for then he should be named son and heir to the father. F. N. B. 489.

In a writ of Formedon in the Descender, it is not necessary in any case to allege the taking of esplees in the donor. But they must always be alleged in him, who was seized under the gift in tail. F. N. B. 492, in notis.

In a Formedon in descender, if husband and wife were both seized in tail, the issue must demand as heir to both; if one was only in tail, the other for life, he must make himself heir to him in tail only. Comyn's Digest, Plead. (3 E 2.)

To answer to A, in a plea of land, wherein the said A demands against the said D, one messuage and ten acres of land, with the appurtenances, situate &c. Whereupon the said A A says, that B B gave the said messuage and ten acres of land, with the appurtenances to B B her daughter, and the heirs of her body issuing, in form aforesaid; by virtue of which gift, the said B was seized of the messuage, and ten acres of land aforesaid, with the appurtenances, in her demesne as of fee and right, by the form of the gift aforesaid, in a time of peace, within

years &c., taking the esplees thereof, to the value of $-; and from the said B, the daughter of said B, the right to the said messuage, &c., with the appurtenances, by the form of the said gift, descended to one C, as the son and heir of the said B, daughter of said B; and from the said C, the right &c., with the appurtenances, by the form &c., descended to one E, as the son and heir of the said C; and from the said E, the right &c. by the form &c., descended to the said A A, the demandant, as cousin and heir of the said E, to wit, as son of the said F, sister of the said E, son of the said C, son of the said B, daughter of the said B, &c., and which after the death of the said B B, daughter of the said B B, and of C, son and heir of said B, daughter of sad B, and E, son and heir of said C, son of said B, and of F, sister of the said E, ought to descend to the said A A, son of the said F, and cousin and heir of the said E, by the form of the gift aforesaid. Booth, 142, 144; Rast. 365. a. b.; Co. Ent. 326.

NOTE. It appears by the writ that F was never seized, because she is named sister of E E, and not sister and heir of E E; and therefore the count must make the demandant heir to E, who was last seized, and the right descend from him, because he was the person who made the discontinuance or was disseized, or after whose death the abatement was made; for by the writ, it appears all were seized but F, for they are all named son and heir. Vide Booth, 144.

It is said in the count always, that the right" descended," though the ancestor died seized. The reason of this is, because it is not material whether the ancestors, after the first, were seized or not, so as a right did descend, and the demandant make himself heir to him who died last seized, or to whom the right did last descend.

In a Writ of Formedon, the demandant must always make himself heir to him who was last seized; as here, F, the mother, was never seized and therefore he makes himself heir to his mother's brother. F. N. B. 580; Booth, 143.

The ancestors that were seized, must be named in the writ, and named (as son and heir.) F. N. B. 528, as above in the count; but if any were not seized, such need not be named (son and heir) or (sister and heir ;) as if the eldest son die before any entry, he need not be named son and heir; as here, F in this writ is not named heir. F. N. B. 529; 8 Co. 88, b. Buckmen's case, Booth, 143.

Such as were never seized, nor right descended to them, as if eldest son die before the father, without issue, need not be named at all. 8 Co. Ib.; 46 Edw. 3, 9; Booth, 143.

The clause" and which after the death, &c.," brings in the descent, but in this writ there is no clause "eo quod, &c.," but that is only proper in formedon, in Remainder or Reverter. Booth, 143.

But the ancestor, that never had any right descended to him, needs not be mentioned in the writ or count. As, suppose there be grandfather, father and son, and the grandfather aliens, and the father dies in the lifetime of the grandfather, and the son is to bring his Formedon; he may say thus, in his writ, "and which after the death of B B, the grandfather, son and heir of said C C, ought to descend to the said A A, the son, the son of E E, the son of B, the son of C, as the cousin and heir of the said B;" and not "which after the death of B B; the son of C C and of E E, the son of the said B, the son of C, ought to descend to the said A A, the son and heir of said E, the son of B, and heir of C." So in the count, the father may be left out thus, "and from the said C C, the right descended to the said B B, as son and heir; and from the said B, the right descended to the said A A, the now demandant, as cousin and heir of the said B, to wit, as son of E E, son of B B, son of C C." Booth, 145.

Since the statute of limitations, it is sometimes counted thus; "and from the said C C the right, &c. descended to the said B, which said B was seized of the tenements aforesaid, with the appurtenances in his demesne as of fee and right, in a time of peace, within twenty years now last past, taking the esplees thereof to the value, &c." Co. Ent. 325; Booth, 145.

A gave certain lands to B (wife of C.) and to the heirs of C, her late husband, on her body begotten. C had a son, D, and a daughter, E; and it was adjudged that B had but a life eslate, and the fee tail rested in D; and that when he died without issue, E was tenant in tail, as heir, &c. per formam doni, and she brought Formedon, which is set forth in Co. Litt. 26, b.; Co. Ent. 254, and F. N. B. 213, E. 490. (MSS.)

Formedon in descender.

In a plea of land, wherein the said I demands against the said H and G [defendants] a certain tract of land &c.; whereupon the plaintiff complains and says, that T B, on &c., at &c., being seized of the tenements, &c., in his demesne as of fee, made his last will and testament in writing, which was afterwards, on &c., duly proved, approved, and allowed; and thereby devised the same to his three sons, A, B, and C, to hold one-third part thereof to each of them, and the heirs of his body; so that it either of them should die without heirs of his body, his third part thereof should remain to the other two, and the heirs of their bodies; so that if either of them two should die without heir of his body, his moiety thereof should remain to the other, and his heirs. And afterwards, at &c., on &c., the said T B died so seized thereof; after whose death, his three sons aforesaid, by virtue of the devise aforesaid, entered into the tenements &c., and were seized of their respective third parts. thereof, in their demesne, as of their inheritance and right, by form of the gift aforesaid, in a time of peace, in the year &c., each taking the profits of his respective third part thereof, to the yearly value of $-. And after the death of the same C, for that he died without heir of his body, the said donees, A and B, were jointly seized of his said third part thereof, in their possession, as of their freehold and right, in a time of peace, in the year &c., taking the profits, &c. And after the death of the said A, the donee, and of D, his eldest son, the right of the said D, the donee, of his third part, descended to the demandant, as son and heir of A, the donee. And the said son B, the donee, held the whole of the said C's (the other donee,) third part, by the survivor. And after the death of the said donee, B, for that he died without heir of his body, the right of the said donees, B and C, viz. their two third parts, remained to the aforesaid I [demandant,] as son and heir of the said donee, A. And so the right of the whole tenements aforesaid &c. descended and remained to the demandant, who now demands the same, as son and heir to the said donee, A, by form of the gift aforesaid, &c.

Formedon in descender, some of the heirs being aliens.

In a plea of land, wherein the said S and T demanded against the said, a certain tract of land &c., with the appurtenances &c., which they claim as the right and inher