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SAmpson Cole brought an action of Debt upon the Statute of 2 H. 6. against Leonard Wilkes, Tryall at the Bar:* 1.1 A Lease was made to two, they enter and occupy, and set not out their Tithes, Debt was brought against one of them, it lies not.
But here it was found, that one only occupyed the Land, and ther∣fore the action well lies.
* 1.2And a Case was shewn, Mich: 8 Jac. An action of Debt was brought upon this Statute, by Sir John Gerard against two Tenants in Com∣mon, and it appeared that one of them set out his Tithe, and that the other afterwards took it and carried it away, and adjudged that the acti∣on lies only against him which carried it away.
Debt. Debt upon the Statute of the 2 E. 6. for Tithes.
Sir John Ge∣rards case.