The Law of ejectments, or, A treatise shewing the nature of ejectione firme the difference between it and trespass, and how to be brought or removed where the lands lie in franchises ... as also who are good witnesses or not in the trial of ejectment ... together with the learning of special verdicts at large ... very necessary for all lawyers, attornies, and other persons, especially at the assizes &c.

What Matter may or must be Pleaded, and what Matter may or must be given in Evidence.

It is a Rule in Law, in all such Actions wherein one cannot Plead, there the Mat∣ter to be Pleaded shall be given in Evidence, and found per Verdict, but where the Party may Plead the same, is to be Pleaded by him. Therefore in Ejectione Firme, Trespass, &c. in Action on the Stat. 5 R. 2. cap. 7. and other personal Actions, a Collateral Warranty cannot be Pleaded in Bar; but he shall have the benefit of it, by giving the same in Evi∣dence to a Jury, and the same is to be found by Verdict of the Jury; so is Seymor's Case, 10 Rep. 97. That Collateral Warranty may be given in Evidence, on Not guilty Plead∣ed in Ejectione Firme, because in that and other personal Actions, that may not be Pleaded in Bar, 1 Bulstr. 166, 167. Haywood and Smith. 10 Rep. 97. Seymor's Case, 1 Rep. Chudley's Case.

The Jury may find a Condition to De∣feat a Freehold of Land, altho' it be not Pleaded; but of things in Grant, they must also find the Deed of the Condition, 21 Ass. 14.

The Jury may find Estoppel, which can∣not be Pleaded, and Estoppels which bind the Interest of the Land, as the taing a Lease of a Mans own Land, by Deed in∣dented, and the like, being specially found by the Jury, The Court ought to Judge ac∣cording to the Special Matter, 2 Rep. 4. Goddard's Case.

Notes

• Regula.
• Collateral Warranty gi∣ven in Evi∣dence.
• Condition to defeat a Free∣hold found by Jury.
• Estopple found by Jury.