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.

Where a dying seised or possest, must be found.

A Man by his last Will and Testament devised all his Fee-simple Lands whatsoever to his Brother, on Condition he suffer his Wife to enjoy all his Free Lands in H. du∣••ing her Life, and the Jury found the Testa∣tor had only a Portion of Tythes in H. but they did not find the Testator died seised of the Tythes, which without doubt had been ill upon the Demurrer. And Rolls said, He

would see the Notes by which the Special Verdict was drawn up, if that could help it. For they all agree the Verdict ought to have found the Dying seised, Stiles Rep. 279. Saun∣ders and Rich.

In Ejectione Firme if the Jury find a Spe∣cial Verdict, That J. S. was seised of the Manor of D. in his Demesne as of Fee, of which Manor of Copyholder in the place where, &c. does waste by the cutting down an Oak; and that after J. S. dies, and the Lessor of the Plaintiff being his Cousin and Heir, enters into the Manor, and into the Place where, &c. for the said Forfeiture, and was of this seised in his Demesne, as of Fee, and concludes, si super totam materiam, &c. this is not a good Verdict, because it is not found that J. S. died seised of the Manor, and that this discended to the Lessor as his Cousin and Heir; for it may be J. S. alien∣ed the Land, and that the Father of the Lessor, or the Lessor himself might repur∣chase it, and that he was also Cousin and Heir to J. S. for although it be in a Verdict, yet it shall not be intended, that the Fee continued in J. S. at his death, and that he died seised thereof without finding of it, P. 1 Car. 1. Cornwallis and Hammond.