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25 E 3 cap 16. Non tenure shall not a∣bate the writ, but onely for the quantitie.
37 E. 3. cap 17. No writ shall be abated by knowledgement of villenage, if the de∣maundant or plaintife will auerre that hee that alledged the exception was free, day of the writ purchased. With the freholder, may be ioyned in action, any hauing title to en∣ter: as the morgagor with the morgagee, * 1.1 the Lord with his villeine, but not the dis∣seisee with his disseisor.
41. E. 3. 16.