Page 381
Peck and Ewre.
Trin. 1653. Banc. sup.
Pasch. 1653. rot. 116, or 117.
A Writ of Error was brought to reverse a judgement given in an Action of debt for rent arrear upon two leases for years,* 1.1viz. upon a lease for 3 years of divers Copyhold Lands, and upon a lease for 31 years for other lands. Howell assigns for Error. 1. That the Declaration is not good, because that it is for an entire rent reserved for 2 several terms, whereas one of the terms is expired, & here cannot be made any apportion∣ment of the rent, because it appears not which of the lands are Copyhold, and which are Free lands. Roll chief Iustice, He ought to shew how much of the lands are Copyhold, and how much Freehold. Hales, Here is but one entire rent reserved, and it shall be paid as well after the expiration of the Copyhold lands as before. Roll chief Iustice,* 1.2 Then for what term shall the rent be reserved? for it doth not appear to us, Therefore you were best to discontinue your action, otherwise if we give judgement upon the Exception taken, you may lose your rent.