Commission is found for one, and another for ano∣ther, 22 H. 6.44. A. Newton & Paston; for no man here can judge whose the right is, for they are as it were in aequali jure.
But if the Title of one be found, and another present, and request is made to admit the Clerk, for which it was found, it is not Litigious, 22 Hen. 6.28. Br. of Quare Impedit 80. for there is a Title found for one, and none for the other.
If two Joyntenants, or Tenants in common present severally, it is not Litigious, Doct. & Stud. 116. A. for their right is one and the same.
If two present severally, and neither the one nor the other pray a Commission to enquire the right, the Church is Litigious, Lib. Intra 511, & 512. 35 Hen. 6.18. pl. 27.8. Edw. 3.289. pl. 49. because the right of neither is put in issue.
Claiming nothing but as Ordinary, Judgment, si, &c. without special disturbance; this is good, 5 Hen. 7.19. 22 Hen. 6.15. 33 Hen. 6.••••.32. viz. a good plea in barr for the Ordi∣nary.
But the Plaintiff upon this may pray Judg∣ment, and have it with Cessat Executio, until, &c. Crook 17 Hen. 7.43. pl. 9. the right determi∣ned.
Pleas in disability of the person presented, are as followeth:
- 1. An Alien, 7 Rich. 2. and this although he be made Denizen after, ibidem; viz. after he pre∣sented, for he was not idoneous at the time of the refusal.