LXXIII. Easter Term. 15 Eliz. In the Common Pleas.
LOvelace moved the Court, that in the Kings Bench this case was argued upon a Demurrer there; A Feoffment was made by one Coxley, who took back an Estate for life, the remainder to him who should be his Heir at the time of his death, and to the Heirs males of his body begotten: And afterwards, the Tenant for life after the Statute of 32 H. 8. suffered a Recovery to be had against him, that that Recovery was good as it was at the Com∣mon Law, Because the Statute doth not speak but that it shall not be a bar to him who hath the Reversion at the time of the Reco∣very, but this remainder was in Abeyance until the death of the Tenant for life; and that in the same Court it was adjudged ac∣cordingly in an Ejectione firmae; and because the same was a dis∣continuance, the Plaintiff had here brought his Formedon in the Remainder; and therefore Lovelace prayed, That they might proceed without delays, (because the Plaintiffs Title appeareth) without Essoigns, and feigned delays: Which Dyer, Iustice, conceived to be a reasonable request, and that it should be well so to do; because, as he said, This Court is debased and lessened, and the Kings Bench doth encrease with such Actions which should be sued here, for the speed which is there: And he said, That the delays here were a discredit to the Court; so as all Actions, al∣most, which do concern the Realty, are determined in the Kings Bench in Writs of Ejectione firmae, where the Iudgment is, Quod recuperet terminum, and by that they are put into possession; and