Page 407
Mich. 7 Jac. Regis.
In an Ejectione Firmae, he Writ and Declaration were of two parts, of certain Lands in Hetherset and Windham, in the County of Norfolk; and saith, not in two parts, in three parts to be divided: and yet it was good as well in the Declaration as the Writ: for without question the Writ is good, de duabus partibus, generally, and so is the Register. See the 4 E. 3. 162. 2 E. 3. 31. 2 Ass. 1. 10 Ass. 12. 10 E. 3. 511. 11 Ass. 21. 11 E. 3. Bre. 478. 9 H. 6. 36. 17 E. 4. 46. 19 E. 3. Bre. 244. And upon all the said Books it appears, that by the Intendment and Con∣struction of the Law, when any parts are demanded, without shewing in how many parts the whole is divided, that there remains but one part undivided. But when any Demand is of other parts in other form, there he ought to shew the same specially. And according to this dif∣ference, it was resolved in Jordan's Case in the Kings-Bench; and accordingly Judgment was given this Term in the Caseat Bar.