to. And the Court took it to be well enough, tho' in this Cafe the Mo-
tion to confirm the Report Nili Caufa, was made the fune Day that the
Report was riled. 2 Wms's Rep. 517. Eyles (and Truitees of S. S.
Company) v. Ward.
5. It is not ufual to confirm Reports of Receivers Accounts, Per Mailer
of the Rolls. 2 Wms's Rep. 661. Mich. 1734. in Cafe of Cowper v.
Earl Cowper.
For more of Report in general fee The feveral Books of Practice in the
Courts of Equity, and other proper Titles.
Repugnant.
(A) In what Cafes Repugnancy fhall make Things void)
and what Jhall be J aid to be Repugnant.
i. A DEED of Feoffment of Land to B. with Warranty, Provifoths
Jf\ Warranty fhall be void, is a void Provifo, as Habendum in a Deed
repugnant to the Premilles, is void ; lor both being in one Inltrument
where the lall Claufe is repugnant to the firll, the lalt is void ; but if the
Provifo leaves any Benefit of this Warranty to the Feoffee; As if it be, that
he ihall not vouch, Inahnuch as it leaves Rebutter to him, it is a good
Provifo. By Deed made at another fame, fuch Warranty may bedellroy'd.
Jenk. 96. pi. 86.
2. Where Contrarieties are in feveral Parts of Deeds or Fines, the firll
Part lhall itand ; in Wills the lall, it the fevieral Claules are notreconcile-
able ; As where a Manor is deviled in the firll Part of the Will to A. in
Fee, and alter in the fame Will this Manor is deviled to B. in Fee, A.
and B. in this Cafe are Jointenants, but if in the lall Claufe are Negative
Words, that A. lhall not have it, then the Devifeto B. only, is good,
jenk. 96. pi. 86.
3. In Contracts, Gifts, Verdiffs, Evidence, where direc"l Contrarieties
are for the lame Thing at the fame Time, all is void. Jenk. 96. pi. 86.
IN 4. A.
■- ■■■!-■—
zj.6 Repugnant.
s. C cited 4. A. made B. and C. Kxecutors, provided that C. pall not adminijhr
2 And. 141. hjy Goods. B. and C. brought Debt upon a Bond as Executors. It was
held that the Action was well brought ; tor the Provilo is void. D. 3.
b. 4. pi. 7. ck.c. Trin. 19 H. 8. Anon.
5. A. gives Lands to B. in fait, Provided J. pall take the Profits of Part
fir 1000 J'ears ; the Provifb is \oid ; for in common Prefumption it takes
;iu:t\ the Benefit and Interelt ol the Grantee in that Parcel. Per Wray,
in delivering the Opinion of the Court. Cro. E. 35. Mich. 36 &. 37
Eliz. B. R. in Cafe ofMiidmay v. Standilh.
6. An Award, that each of them lhall give the other a General Releafe
' v\ ithin lour Days after the Award ; Prcvifo that i( either oi them diflik'd
the Award within 20 Days alter it be made, and lhould pay to the other
within the laid 20 Davs 10 s. that then the Arbitrement lhall be void.
The Pro\ilo is repugnant, and Judgment for the Plaintiff Cro. £. 291.
Hill. 35 Eliz.. B. R. Sbarley v. Richardfon.
7. A Provifb good in the Commencement may by Cvnfequence become
repugnant, As Grant oi Rent by Deed for Liie, provided that it lhall not
charge his Perlon ; the Provilo is good, but it the Rent be Arrear, and
the Grantee die, his Executors lhall charge the Perlon ot the Grantor
in Debt ; for otherwile they lhall be remedilefs ; and {o 'tis now repug-
nant, and by Confequence void. 6 Rep. 41. b. Mich. 3 Jac. B. R. in
Mild may's Cafe.
Ibid. 169- 8. Scilicet, if contrary or repugnant to the Matter precedent, lhall be
,s , k ; 1cr v - void See Sand. 118. Cutler v. Southern.
Andrews,
In a Declaration ofDemife in an Ejectment. Hard. 3. Jones v. Williams.
9. This Diverjity was put by Brotherick, when a Thing lhall be re-
jected tor Repugnancy, and when not; When fitbfequent Words make a
'Thing well explained and perlect before, Nonfenfc, there luch Words lhall
rather be reje6ted, than that what was well before lhould be made Ndn-
fenle; but -where, by the fublequent Words, the Thing is made good
Senfe, bat altered in its Nature trom what it was belore, they lhall not be
rejec'.ed. Arg. 12 Mod. 611. Ingram v. foot.
St where a 10. If a Bilhop grants a Pate/it to a Man to be Vicar-general, wherein
Biflu.i hereferves a Jtirtfdution to himfelf ; it ieems to he repugnant and void.
Sceull And Hok Ch - J- fllid ' Whac can ' c a Vicar General do » lbr if ~ he is re -
fbipfwitha ftrain'd, he is not a Vicar General, n Mod. 46. pi. 13. Pafch. 4 Ann.
Re/ervatiov B. R. Anon.
to himfelf of
InfliMion an A In&u&ion. 11 Mod. 46. pi. 13. Anon.
1 1. An In di (intent repugnant to itfelf, is vicious. 2 Hawk. Pi. C. cap.
25. S. 64. 79. 8s-
12. It is repugnant to fnppofe, that A. was bound by a Writing that he
forg'd, or that he was differ fed of Land whereof he appears to have no Free-
hold. 2 Hawk. Pi. C. cap. 24. S. 64.
(B) Pleadings.
1. rTpRefpafs upon the Statute of Foreftalling in the Port of Chichelter,
X the Defendant f 'id that C. is no Fill, Hamlet, nor Place known out
of the Vili and Hamlet, but is a Place which extends into divtrfe Vills, viz..
B. C. and D. and the Plea was held repugnant and double; lor by the
Premises he f aid that No fitch Plate ckc. and by the fuhftquent he laid, that
it
Repugnant. 47
H is a Place iahich extends into dtverfe Fills. Br. Negativa &c. pi. 15.
cites 7 H. 6. 22. 35.
2. In Account againft a R.eceiver, it is no Plea that he receiv a it to de-
liver to W. N. which he has done, abfquc hoc, that he was his Receiver to
render Account; tor it is repugnant, by Choke and Moyle ; but abique
hoc, that he was his Receiver in other Manor, is a good Traverfe ; quod
fiiit'conceflum. Br. Traverfe &c. pi. 125. cites 9 E. 4. 15.
3. Trefpafsfor breaking his Hoitfe, and Walls of the fame, the Defendant to
the Breaking of the Hoitfe pleaded Not guilty, and as to the Walls he juftified.
And by the Opinion ot' the Court he lhall not have both theie Pleas, lor
one is repugnant to the other ; lor by the J unification he conreiles him-
felf guilty^ tho' it be excuiiible, and the Houfe and the Walls are all
one, and he cannot plead Not guilty, and j aft if)', to one and the fame Fbing.
Br. B.irre, pi. 51. cites 21 H. 7. 21.
4. In Trefpafs, the Defendant juilified, and prefenbed for Common be-
longing to two Acres in B. the Plaintiff replied, that A. was feifed of 200
Acres of which the faid two Acres were Parcel, and traverfed that the
Defendant had Common to the faid two Acres, Parcel of thi faid 200 Acres.
The Verdi6t was, that the Defendant had not Common to the faid two
Acres &c. and Judgment accordingly. It was aflign'd tor Error, that
this Traverfe is contrary to itfelf ; for the Pleading before was, that he
had Common to the two Acres, as Parcel of the 200 Acres ; and in the
Traverfe he leems to contradict this, fo that lilue is not well joined:
But it was rul'd to be well ; for it is a good lilue at firit, that he had
Common to the 2 Acres as Parcel, but not in grofs j fo that when he
goes further, and fays as Parcel &c. as it is in the Iifue, this Word
(Parcel) is fuperfluous ; and Judgment was affirm'd. Roll. Rep.
28. pi. 6. Patch. 12 Jac. in the Exchequer-Chamber, Newcombe v.
Burworth.
5. It was refolved, where a Scilicet comes, and the Matter had been
well, without alledging what comes after 5 the Scilicet there, if what comes ^ ^v
after it be repugnant to what comes before, it lhall be rejected : As here f"]f res oj a
an Agreement was between the Plaintiff and Defendant, that the Defen- Leafe made
dant lhould fend him fo much ot the bell Indigo by the firit Ship that jw a Dqr t
ihouldcome within 2 Months after his Arrival at Jamaica; and in al- â„¢4^' '"
Ldging Breach, it was laid, that fitch a Ship came trom thence within 2 e ^, fucha"
Months, fcilicet, fuch a Day, which Day is after the 2 Months, there, Day, which
what comes after the Scilicet, being unnecelfary, and alfo repugnant, it in Truth
lhall be rejefted. 12 Mod. 579. 580. Mich, ij W. 3. Johnfon v. Meers. J^JJj
mentioned in the Leafe. 12 Mod. 5S0.
6. The Law disfavours Contrarieties and Repugnancy, and therefore
does not put a Man to jultify that which he endeavours to difprove.
As'in Affile of Maiterfhip of a Chapel againlt J. S. he lhall not name him-
felf Mailer ; for it is incumbent on the" Plaintiff to difprove the Defen-
dant's Intereit. Fin. Law 13. b. cites 10 H. 7. 9.
For more of Repugnant in general, See CCmHitiOng, IDZWt, <55rattt&
ilfCJj) and other Proper Titles.
Refceipt
4 8
* Refccipt, * r> T '
Receptio, * KelCCipt.
comes ot the A
Latin Verb
Reciperc, fo ,
culled, be-
thc
2_Dt£K ( A who ftal1 be received* in Refpea of Eftate,
other Hu S - where the Eftates are conjoined.
band, is re- J
ccived as a
So™ with- UHP ££ IJBorOSS ait, Admittantm illi ad quos fpeftat Reverfio.
out her Hus- JL
band, to de-
fend her Right, and it is alfo called Defenjic Y'""' ! ar ^ ' n t ' , ' s Cafe the Wife may be received by the
Statute. And yet Anc-ient Authors, who wrote before the Statute, fpeak of a Kind of Relceipr at the
Common Law. The Civilians call Refccipt, .â– JdmiJpoKtm tertii pro fuo intereffe, which more properly is
reiembled to the Receipt of him in the Reveilion or Remainder, that is not Party to the Writ. Co.
Litt. 952. b.
See infra, 2. Jf he in Reverlion, enters upon his LefTee for Life, pending the
P l. 7. S. C. YVrtt, and difleifes him, pet IjG Ujall bC reCCtUCtJ UpOlt Default Of tfie
Lefiec, becaufc tljcrc tuas a ileberfion at tlje [&mie of] tljeSDnt
brougtjt , aim ting is not a Bern KcberuoiL 1 8 e. 3* 47* b*
3, Jf Leliee for Life enters into Religion pending the Writ, by
which he in Reverfion enters into the Land^ admitting ttjat tlje WX\t
fijall not abate by tlje <£ntrp into Religions ije tn Eetierfion fljail be
rcceibeo, tijo' he be fcifeo fn Dcmefnc* is e. 3, 48, b,
Br. Refceit, 4. Jf a Guardian in Chivalry alliens Dower to one who was not the
P' 5°- cit f Feme of the Father of the Ward, ah& file etltCrS aCCOromglp, ant! an
favs thatthe Aaion is brou g ht agamft her, tijC Heir fijall be rCfCrOCO Upon IjCT ®t>
Tenant by fault i 'Becaufc, t&o' fijc be a Dificiforcfs agamit Dim, tbe affl'gn«
Refcei P t ment being bom, vet ay to strangers fijc is but tenant in Dottier,
pleaded Ne 2 i (£., 3. 6,. aOKtOfCCO*
bona pas. ^ gf*„aron and Feme Lefiees for Life, ftt 3tt SftiOll agafaff ttJCUT,
matte Default after Default, arm after he in Reverfion enters upon
them, and leafes the Land to them and a Stranger for their Lives, he
fljail be recciocoW ijisKcbcrtion is ocpenoaiitupon aBciuCitatc*
38 e* 3. iu aoitiDgeo*
C^A^s~" 6, 3f tbete be Leifee for Life, tl)C Reverfion for Life, tT)C Re'.erfion
*5_4: 6 , in Fee » tijc * LcfTec for Life nukes Default, ijc in the ixebcrfion in
T^mmTfoT Ice fljail not be rctcfoco. i s e, 3 . 4 8. atmuttco.
Lite after If-
iue join'd, may make Default in fpi/Jt of the c ftcth of lim hi ReverJ!en,and fo it is Reafon that he fhould
be received. Br. Refceit, pl. 69. cites 24 E. 5 22.
See Supra, 7+ J{ pending the Writ, IjC Ul Reverfion difieifes the LeiTee for Life,
pl. 2. S. C. an( j ] ca (es to another for Life, who leafes to the firlt Leliee for Life.
ypon Default of tlje Lcflcc, be m Rcbcruon fijall be receibeo ; pet
tljcre 10 a jRcuctfion for life in tlje feconu Leflce j jfor notbtnn: paflco
bj) bts leafe to tlje firlr LciTce, but be is remtttctu 03ttt tljies is a
Kebcrfion createo penbinn: tlje flBnt, aim fo be cannot be refteioeo,
ano tbercfore tlje Rcberncn m Jfcc fljail be retaibco. Dtibitatur.
18 <£. 3« 47. b. 48*
So if he in 8. In b'ormedon the Tenant made Difart/t after Default, upon which came
Reverjroii < re- j) ;in( j p ra y e( j to be received, inafmuch as J. was fit fed, and le 'fed to Alice for
ITlf'afipei'd- ^ erm of Life, the Remainder to this fame D. which Mice leafed her EJiate
,-„(, the lint, to the now Tenant, and he further averr'd, that the fa.'d Altec is yet in full
Ibid. — Or if Life, and prayed to be received, and /hewed Deed proving it; (Ousereifhe
the LejforanJ nee£ j ^ e>v _) ec d) and the DcmavJaiit [aid. that the fatd Alice died fuch a
LcJJie infeojf ' Day,
Refceipt. 49
c
Day, pending the Writ, and demanded Judgment if fie (ball be received ; a Stranger
And per Littleton J. it a Man purchafes Reverjion pending the Writ, andpendmg the
alter the tenant furrenders to him, vet he who had the Reverlion ihall be [ n tf j, / c
received 5 Kir the VV rit remains good, and yet now he has not any Ke- reC eiv'd, and
veriion, £t Adjornatur. Br. Refceit, pi. 112. cites 18 E. 4. 25. and yet he
has no Re-
verfion So where the Hentfnt aliens in Fee, â– pending the If rit, and he in Reverjion enters, yet he fhall
he received. Ibid. And if he dies-, and his Heir is in by Defent, yet he Hull be received, Quod
fait Conccilum. Ibid.
(A. 2) Where a Stranger &c. fhall be received to de-
fend a Suit, and upon what Terms. Surety &c.
ENa
and will not defend the Wile's Right, or againA havln S be "
13 E. 1. cap. 3. TT'Naas, That if the Husband abfents hi mfelf, This Aft
" having be-
fore given
his Wife's Confent will render the Land, * if the Wife do come before Judg- tl vv"ifc"a
went, f ready to anfwer the Demandant, f and to defend her Right, the Wife Cui in Vita
fhall be admitted. after the de-
ceafe of her
Husband, does by this Branch give her a Remedy upon the Default, as Reddition of her Husband irt
his Life time to defend her Ri;;lit, lb as fhe fhould not be driven to a real ASion after the deceafe of her
Husband , and this Receit to the Wife is given by this Act, which fhe could not have at the Common
L;iw. 2 Inft. 343.
This Aft extends to Courts that be not of Record ; as if Husband and Wife be fued in a Court Baron
by W rit of Right &c. upon the Husband's Default the Wife fhall be received. 2 Inft. 34.3. -S.
P. admitted. F. N. B. 19. (G).
* If is to be obferved, ilf, That the Time of the Receipt is when Judgment flieuld be given, id. It
is to be understood De Principali Judicio, As in an Admeafurement of Pafiure Judgment is given that
Admeafurement mall be made; and if after Admeafurement made and returned, the Baron makes Default,
the Wife fhall be received before the principal Judgment given. 2 Inft. 343. — —11 Rep. 39. a. Mich. 12
Jac. C. B. in SJSctcaltVtf Caff, cites 5 E. 2 tit Refceit 165. See (L)
In an Afffe the Husband and Wije plead a Record, and fail thereof, the Words of an Aft made at this
Parliament cap. 25. be, Habeat pro DHTeifitore ablque ulla Recognitione, and yet the Wife Jhall be re-
ceived in that Cafe, upon the Default of her Husband; fox the Words be, Abfijue ulla Recognitione, that
is, of the Recognitors of the AfTife, and not Abfnue ulla Receptione See. 2 Inft. 344.
f And in Rel'peft of this Word (Ready) tenant by Receipt ought always to appear, for upon any De-
fault made, Judgment fhall be given. 2 Inft. 344. Where Receipt was prayed without pleading
a Plea, it was demurred to, by reafon of the Words Parata Petenti refpondere ; fo that fhe ought to
plead a Plea immediately Sec. and fo was the Opinion of the Court &c. Kelw. 160. a. pi. 1. Mich. 2
H.S. Anon. See(S).
$ This Right mult be intended that which the Wife had in the Lands in demand, at the <7 "ime when the
Precipe was brought againft her Husband and her, and not at the Time of the Receipt ; for if a Precipe be
brought againft her and her Husband, and after the Husband and Wife levy a Fine, and after the Hus-
band makes Default after Default, albeit the Wife has no Right in the Land atthis Time, yet may fhe
pray to be received for the Right which fhe had at the Time of the Original purchased, which in
Judgment, and by Prefervation of Law, as to the Demandant, fhall be fuppofed to continue in uno £c
eodem Statu in the Tenancy, as Tenant in Law, without any Change or Alteration of the Eftate, not-
withftanding any Aft done by the Tenant. 2 Inft. 344.
This alio is to be under Jlood, not only of a Tenancy in Deed, but alfbef a 'tenancy in Law, for if
the Husband and Wife be vouched, the Wife upon the Default of her Husband fhall be received, and
yet fhe can have no Cui in Vita in that Cafe, according as this Act limits. 2 Inft. 344.
The Words be Jus fuum defenders, and therefore fhe being not to all Intents a Feme fole cannot
confefs, nor lender the Aclion, but he in the Reverjiov, that is received, may confefs, nor [or] render the
Action, 2 Inft. 344.
Likewife * if 'Tenant in Dower, Tenant by the Law of the Land, or other- It appears by
wife for Term of Life, or by f Gift, whereas the Reverjion is referred, ^ Bracton.-who
* make D fault, or ' will give up, 1&SZ£?
that he in
the Reverjion pould be received by the Common Law. 2 Inft. 344 Upon the Recovery againft fucli
particular Tenant, he in the Ueverfion was driven to his Writ of Right, but he in the Remainder was
without Remedy, if he never had Seifin. 2 Inft. 345. Sec the firft Part of the Inftitutes, S. 4S1, 482.
O Tho
o Refceipt.
Tho' it be (aid here(Eodem Modo) in the fame Manner, yet it is nei In the fame Manner to .ill Pur-
, for the // ije Upon the Default of her Husband fall I e received utiti mi j. ev.ing any Caufe But 1<:
fhall not he in the Reversion, and therefore it is not iiodem Modo in that Lcljett; and the Reaftn of
t:ic Diveriitv //, for flat the Feme is Party to the Allien, and affirmed Tenant by the bringing of the Pracipe\
tut he in the Reverfipn is a meer Stranger to the Action, ana therefore ought to fhew Caufe How the
Reverfion is in him. 42 l-.ft. 35.
U to Age, lie in tlie Reverfton pall have the fame in the fame Maimer at the It'ife fhall have it, the
Demandant fhall count of hew agawjl the Wife that is received, fr> eodem Modo againft thim in Reverfton or
Remainder. 2 Inft. ;4J.
* In a Writ brought againft a Feme Guardian in Chivalry and l>cr Husband, the // if e pall rot he received
for the Default of her Husband ; for it is out of the Words of the Statute, and the husband has Power
to alien, or lo!e the Chattel. 2 inlt 345.
j This is to be underltood of a Tenancy in T'ai! after Pcjftli.'ity of IlTue extinct, and not of an Eftate
in Tail General or Special ; for upon an Eftate in Tail no Rrjcett is given by this Act ; becaufe it is an In-
lertt.ii.ee uhich may continue for ever. 2 Inft. 34,-. 10 Rep 44 i'rin. 58 Eliz. B. R. in %tl\?
ningJB'jff <£aff> alias tiftifttnfin I). CroUi, Rclblved, and fays that with this accords 20 E. 3. Relceitj
17. ";y E. 3. i. b. 3; H 6. 22. and that the Book in 2 E. 2. tit. Relceit is ill reported, and is to be in-
tended of Tenancy in Tail after PoiTibility.
1 / aint pleader H as net (as has be.n laid J w ithin this Act, but is remedied by a late Statute, in Cafe of
him in Reverfion. 2 Lilt. 346.
But a Nient dedire, and a Nihil dieit are (as has been faid) within the Purview of this Act, both for
him in Reverfion, and the Wife alio, tor they are in equal Mifchief. 2 Inlt. 346.
If the Appearance a - : e Tenant be recorded, and after he departs in defpight of the Court, he in the
Reverfion fhall be received ; for Judgment is to be given upon the Default. 2 Inlt. 346.
II See(E).— The \\ Heirs, and they \\\\ unto whom the Reverfion belongs, fljall be ad-
101 He mull m iii ec l
mult have a J j j j j u a
Rc„, d net only a Condition or Pojfibility. 2 Inft. ^45 See (M. 2)
If Tenant for Lite prays in Aid of him in Reverfton, and he refufes to jcin, and after 'Tenant for Life
makes Default tkc. he in Reverfion fhall not be received, becaufe he refilled 10 join ; but if he had join-
ed, and after the Tenant make Default, he fhould have been received. 2 Inlt. 345.
If a Rent be demanded againft Tenant for Life, he in the Reverfion or Remainder fhall be received by
the Equity of this Statute ; albeit the Words be, Ad quos fpectat Reverfio, yet he in Remainder upon
Default of Tenant for Life, fhall be received, for he is in the fame Mifchief. 2 Inlt. 346.
It is not neceffary that he that prays to be received has the immediate Reverfton; for if a Leafe for Life
be made, the Remainder for Life, he in the Reverfton Jball be received ; fo it is w here the Reverfton is grant-
ed for Life, he in the Reverfton in Fee may be received. 2 Inlt. 346. 10 Rep 44. a. b. cites 42 £. 3. 12.
b. â– -But if he that has the mean Eftate, and he in the Reverfton or Remainder in Fee pray to be re-
ceived at one Time, he that has the immediate particular Eftate, in refpect of the Proximity Jball be re-
ceived, but if he be received, and make Default, he in the Reverfton in Fee pall not be received. 2. Inlt. 346.
. 10 Rep. 44. b. in ^inning£'£
General, viz,. (Admittantur nsredes vel llli ad quos fpectat Reverfio) the Law, which always refpects
Order of Proximity, refpects the next Eltate tho' Ifnall, be it in Remainder or Reverfion for Life, be-
fore the great and remote Eftate in Fee; and fays, that with this accords the 24 E. 3. 32. a. b. in Pierce
de Grimltead's Cafe.
^ That is, when the Time comes, when by Law he ought to anfwer, and therefore he fhall have his
Age, or pray in Aid 8cc. 2 Inft. 346.
* By the E- And if upon fuch Default or Surrender, Judgment happens to be given , then
quity of the^ t , j-i e irs, or they unto whom the * Reverfion belong, after the Death of fuch
Remainder Tenants ft J #M f° ave their Recovery by a \ Writ of Entry. In which like Pro-
fhall be re- cefs fhall be obferved, as is a] ore faid, m Cafe where the Husband lofes his
ceived ; For Wife's Land by Default.
the Common
Law, which would not fufter him to be received, fuffered a Tort, and this Statute made for Relief
thereof fhall be extended by Equity. Arg PI. C. 53. b. 54. a in Cafe of V\ imbilh v. Talbois.
•f This is underllood of a Writ of Entry, ad Communem Legem, which is a fpeedier Remedy, than a
Writ of Right, and the Demandant pall count upon a Demife according to the Writ and ufnal Form,
and if the Tenant traverfe the Demife, the Demandant f>all maintain hit Count by the Recovery by De-
fault. 2 Inft. 346.
For in thefe And fo in the Cafes afore fa id, two Ac! ions do concur, one between the De-
„J e ~ tnandant and Tenant, and another between the Tenant, (hewing his Right- and
nant hall n , 3 7J •* •■'
pewits Demandant.
Right accord-
ing to the Form of the Writ whereupon he recovered, even as the Tenant fhall do in the Cui in Vita,
upon the former Part of this Acts, and therefore this Branch ftys, Duae concurrunt Actiones, (viz)
The Writ of Entry upon this Action, and the former Writ whereupon the Recovery was by De-
fault. 2 Inft. 346.
2. 20 Ed.
Refceipt. $ r
2. 20 Ed. i. Stat. 3. Where one by Writ demands any tenements again/9 Waltagainil
tenant by the Court 'e/y, in Tail, in Dower, for Life, or 7 cars, and the De- p aron m< \
ther, not Party to the Suit, comes in before Judgment given, and fays, that and by De- *
he has Fee and Right in thofe Lands, and prays, that in as much as he is fault, Writ
tome before Judgment, ready to defend his Tenement, and to make Anlvver d ^ ed J? £ n ~
unto the Demandant, that he may be admitted thereunto by Force of the Sta- Wa^and 3
tttte of D'ejimiujfer ; By which, as well, fuch as had no Right, as they the Waft
which had Right, oftentimes in the Cafe before mentioned, fal/ly, and in Del- found, and
ceit of the Court, did pray to he received to make Anfwer, that by their ^ et n rne ^ la , to
â– Admiffion they might prolong the Demandant from the Judgment and Seifm of p an je" W erc
his Land, a
mandants are greatly delerred in the Cafe aforefaid to recover their Right T. he Fcme
in the King's Court ; It is enacted, that when any before Judgment, in the ~. d .' ' h * r t ' lc
afore faid Cafe, comes in by a Collateral Title, and de/ires to be received, before nothine^but
his Refceit he fhall find fuffiacnt Surety (as the Court will award) to fatisfy that fhe'and
the Demandant of Iff lies of the Lands fo to be recovered, from the Day that her Baron arc
he is received to make Anfwer, until the Time that final Judgment be given T T ants , &c "
upon the Petition of the Demandant. And if the Demandant recover his D " received 1
Demand, the Defender pall be grievoufly amerced if he have whereof, and //for Default
he have not, he fhall be imprifoned at the King's Pleafure; and if he can prove of her Baron
his Right to be as good as he afhrnud, at fuch Time as he was received, he ^ and w ld ;
,/ )) nut no v\ uit
jhall go quit. was done &c.
The Plain-
tiff replied, that they are Tenants in Common ; Judgment if fhe fhall be received &c. The Feme re-
join'd, that folc Tenant; Prill Sec. Plaintiff infilled that fhe find Surety of Illues: But it was