justices of our Court of Common Pleas, holden &c. on &c., recovered judgment against the said D and E, for the sum of $- debt, and $- costs of suit, as by the record thereof, in the same court, appears. And afterwards, on &c., he sued out, in due form of law, his execution on the same judgment. And afterwards, on &c. the said D and E, being then seized of said two undivided parts of said two described pieces of land, he, the plaintiff, caused his said execution. to be levied and extended thereon, in due form of law; and then and there, by force of the same levy, he became seized of the same two undivided parts of said two pieces of land, in part satisfaction of the same execution, and ought now to be in quiet possession; yet the said D [defendant,] hath illegally entered the same, and continues to keep the plaintiff out of the same. DANE.

NOTE. Where lands are set off on an execution, it is always best to declare on the plaintiff's seizin generally, as in common cases, and leave the regularity of the proceedings to be proved in evidence; for if the title by execution be stated, and any requisite be omitted, the declaration will be bad.

By proprietors, upon their own seizin.

To answer to the proprietors of the common and undivided lands in Dorchester aforesaid, who sue by A and B, of. &c., a committee for that purpose appointed, in a plea* of entry on disseizin, wherein they demand of the said D [defendant,] the possession of a certain piece or parcel of meadow-land, now in W, in the county aforesaid, but formerly within the bounds of Dorchester aforesaid, containing &c. bounded &c., with the appurtenances thereof; of which the said D unjustly, and without judgment, disseized the demandants, within thirty years last past; whereupon the said proprietors, by the said committee, say that they themselves on &c., were seized of the demanded premises, and their appurtenances, in their demesne as of fee, taking the esplees thereof, to the value of $—, and still ought to have the same; yet the said D unjustly and without judgment, viz. within thirty years last past, entered on the premises, disseized the demandants thereof, and still unjustly deforceth them thereof; to the damage of the said proprietors, as they by the said committee say, &c. KENT.

By tenants in common, heirs of devisee, of part of a remainder.
Wherein the said P and M, his wife, in her right,

* In a plea of land.

and the said S, demand against the said D possession of one undivided third part of the following pieces of land &c. And thereupon the said P and M, in her right, and the said S, complain and say, that W, of &c., and grandfather of the said M and S, on &c., being seized of the said tenements, with the appurtenances, in his demesne as of fee, taking the profits thereof, to the yearly value of $-, duly made and executed his last will and testament in writing, and therein and thereby, among other things, devised the tenements aforesaid &c. to Anna, his wife, to hold and improve, so long as she should remain his widow and unmarried; and in case she married again, he then devised in and by said will, that she should improve one third part of his real estate, in &c. for life. And by the same will he further devised the same tenements, with the appurtenances, to his four children, S, I, K and L, to hold to them and their heirs, from and after the death of the said Anna, the wife, and equally to be divided between them, the said two daughters, the sum of $- each, which they had before, in and by the said will, being first allowed for &c. And the said testator, thereafterwards, on &c., died so seized of the said tenements &c.; and the said will of the said W, was thereafterwards, on &c., duly proved, approved, and allowed; and the said Anna there, the same day, entered into the same, and by force of the same will, became seized thereof in her demesne, as of freehold, for the term of her life, determinable as aforesaid; and the said four children became seized, as of fee and right, of and in the remainder of the same tenements and appurtenances, expectant on the death of the said Anna. And afterwards, on &c., said S died intestate, so seized, as of fee and right, of his share in said remainder, leaving the said M and S [plaintiffs,] his daughters and heirs, who there the same day, became seized, as of fee and right, of his share in the said remainder. And thereafterwards, on &c., the said Anna died so seized of the said tenements &c., as of her freehold, as aforesaid, the said I, K, L, [testator's children,] M and S [plaintiff's] then and there remaining seized as aforesaid of the said remainder; by means whereof, and by force of the said will, and of the laws in such case made and provided, one undivided third part of the said tenements &c. came and belonged to the said M and S, to have and to hold the same &c.; and the said P and M, in her right, and the said S, ought now to be

in possession thereof, accordingly; yet the said D hath illegally entered into the same, and unjustly holds them out. DANE.

For lands devised by husband of devisee, as heir to the heir of devisee. Wherein he demands against the said B, a messuage &c., and saith, that on &c. one Y was seized of the premises aforesaid &c., in his demesne, as of fee; and being so seized thereof, by his last will in writing of that date, duly proved, approved, and allowed, devised the same to F, his wife, to hold and improve during her widowhood; and by the same will further devised the same premises &c. to his daughter M, to hold to her and her heirs, from and immediately after the death or marriage of the said F, whichever should first happen. And afterwards, on &c., the said Y died so seized thereof; after whose death the said F entered into the demanded premises, and by force of the devise aforesaid, became seized of the same, as of freehold, for the term of her life, determinable on her marriage; and the said M was thereupon seized, as of fee and right, of and in the remainder of the same demanded premises, expectant upon the death or marriage of the said F. And the said M, being so seized of the remainder aforesaid, took to husband the said N [one plaintiff ;] by force whereof, the said N and M were seized of the aforesaid remainder of the demanded premises, as of fee and right, in right of the said M; and afterwards had issue between them, lawfully begotten, to wit, I. And afterwards, on &c., the aforesaid N and M being so seized of the remainder of the demanded premises in form as aforesaid, in her right, she, the said M, at &c., died thereof so seized; after whose death, the remainder in fee of the demanded premises descended to the said I, as only child and heir of the said M; whereby the said I was seized of the remainder of the demanded premises, as of fee and right, expectant on the death or marriage of said F. And afterwards, on &c., the said I, at &c., died thereof so seized and intestate, having neither wife nor child; after whose death, the remainder in fee of and in the demanded premises, expectant on the death or marriage of the said F, by force of the law in such case made and provided, came and fell to the plaintiff, father of the said I, as next of kin, to him, the said I, the intestate; whereby the plaintiff became seized of the remainder of &c. And afterwards, viz. on &c., the said F continuing in her widowhood, and being

seized of the demanded premises, in her demesne, &c. as aforesaid, and the plaintiff being seized of the remainder thereof, as of fee and of right, expectant as aforesaid, she, the said F, at &c., died, of such her estate so seized; whereupon the demanded premises came and belonged to the plaintiff, to hold the same, and he ought to be in possession thereof, accordingly; yet the said B, &c. R. DANA.

For lands disseized; Feoffee v. Disseizor.

wherein the plaintiff demands against the said Ta messuage &c., and saith, that on &c., one C was seized of the demanded premises in his demesne, as of fee; and being so seized thereof, then and there, by his deed of that date, duly executed, acknowledged, registered, and in court to be produced, conveyed the same to the plaintiff, to hold to him and his heirs; by force whereof the plaintiff became seized of the demanded premises in his demesne, as of fee, and ought still to hold the same accordingly; yet, &c. R. DANA.

On seizin of the father by posthumous child.

wherein the plaintiff demands against the said W possession of &c., whereupon the plaintiff says, that H, late of &c., deceased, intestate, father of the plaintiff, in a time of peace, on &c., was seized of the demanded premises, in his demesne, as of fee, taking the esplees thereof, to the yearly value of $; and afterwards, on the same day, died so seized thereof, intestate, leaving S, his widow, pregnant with the plaintiff, who was born afterwards, at &c., on &c.; and after the death of said H, father of the plaintiff, and birth of the plaintiff as aforesaid, the demanded premises, and the right of property aforesaid, descended by law to the plaintiff, only child and heir of the same C deceased; and he ought accordingly to be in quiet possession thereof; but the said W, after the death of the said C, unjustly entered into the demanded premises; and still unjustly, &c. J. ADAMS.

On devise to father by co-heirs.

To answer to A B, C D, &c. children and co-heirs of B, late of &c., in a plea of land of one fourth part of &c.; for that one C, on &c, was seized of the demanded premises in his own right, as of his inheritance; and being so seized thereof, made his last will and testament of that date, and therein and thereby devised the same to his son I, father of

the plaintiffs, to hold to him and his heirs; and afterwards, on &c., the said C died so seized thereof; and on &c., his said will was duly proved and allowed; whereby the demanded premises fell to the said I, father of the plaintiffs, and he was accordingly seized thereof in fee, and afterwards, on &c., died so seized thereof; and the same thereupon descended to the plaintiffs, his children and co-heirs, and they ought of right to hold the same accordingly; yet the said X [defendant] hath entered into the same, and unjustly ousted the plaintiffs, &c. READ.

Entry sur disseizin in the Post; by surviving child, on the seizin of the

grandfather.

To answer to T and M, his wife, in her right, in a plea of land, wherein they demand, in right of said M, against the said S, one undivided fourth part of &c., and into which the said S hath not entry, but after the entry and abatement, which one P, now deceased, within thirty years last past, unjustly, and without judgment of law, made, under whom the said S claims and holds; whereupon the said T and M, in her right, complain and say, that one X, late of &c., deceased, father of D, late of &c., deceased, and grandfather of the said M, in a time of peace, within thirty years last past, was seized in his demesne, as of fee, of the whole of the above described premises, taking the profits to the yearly value of $. And afterwards, on &c., at &c., the said X died so seized, and intestate; whereupon the whole of the above described premises descended and came, in fee simple, to his son F, to his four daughters A, B, C, E, and to G and to the said M, his grandchildren, and children of the said D, who died in his life; to wit, two seventh parts of the above described premises to the said F; one seventh to said A; one seventh part to said B; one seventh to said C; one seventh to said E; and one seventh to said G and M. And afterwards, on &c., at &c., the said G died intestate, under age, unmarried, and without issue, and without having parted with his right in the premises; whereby the same descended and came to the said M, his sister and heir; by force of all which, and of the premises, the said M became seized of the right of one seventh part of the premises; and the said T and M, in her right, ought to have and be in possession of the same; yet the said S hath unjustly, and without judgment of law, entered into the same, &c.