Reports of that reverend and learned judge, Sir Humphry Winch Knight sometimes one of the judges of the Court of Common Pleas : containing many choice cases, and excellent matters touching declarations, pleadings, demurrers, judgements, and resolutions in points of law, in the foure last years of the raign of King James, faithfully translated out of an exact french copie, with two alphabetical, and necessary table, the one of the names of the cases, the other of the principal matters contained in this book.

Claworthy against Mitchel.

CLaworthy against Mitchel in a replevin, the Defendant avowed for a rent, and shewed that his father was seised, and let for years rendring rent, and he died, and that the reversion descended to him, and for rent behinde he avowed; in barre of which avowry the Plantiff said, that the father devised the reversion to another, and the other maintained his avowry, and traversed the devise; and it was found that the devise was only of two parties, and not of the third part, for in very truth, the land was holden by Knights service, and all this was found by special verdict, and for whom the jury had found was the question; and it was ar∣gued by Hendon, that this verdict is found for the avowant, and he vouched 32. H. 8. Brook issue 8. in a precipe quod reddat, if the issue be whether A. and B. infeoffed the Tenant, and it is found that A. infeoffed him, but not that A. and B. infeoffed him, the issue is found against the Tenant, see 14. E. 4. and Dyer 260. in debt upon a lease for years of divers parcels of land, and upon non demi∣sit pleaded, it is found quod demisit all except one parcel, this is found for the Plan∣tiff, and ••rin. 15. Iac. Rot. 2022. Allen against Soper in a replevin for a horse, and avowed for damage fesant, and the Defendant claimed Common for his beasts Levant and Couchant upon his land, and some in this case were found Levant and Couchant, and others not, and it was found against the Plantiff, and he said in this case, when the Defendant had alleadged a devise of all the land, and upon this issue is joyned, and it is found that part is devised and not all, this is found against the Plantiff, because the issue is joyned upon a particular and a spe∣cial point, whether all was devised or no, and yet he agreed that upon a general issue as in trespass in 20. acres of land, and the Defendant is found guilty but on∣ly in one, yet the Plantiff shall have judgement, but not where the issue is joyned upon a particular point as here, but admitting that the Plantiff shall have judge∣ment, yet the avowant shall have return for the third part; as in debt upon a lease for years, and it is found that he had not cause to demand all the rent, but that t••is ought to be apportioned, yet he shall have judgement for the residue, and so here: Ashley Serjeant to the contrary; the jury have found for the Plantiff, for the avowant had avowed for all, and he alleadged 26. Assise, where in an assise the seisin and the diseisin was found, and yet because there was no Tenant found of the Frank-tenement, the Plantiff shall have judgement, and as to that that had been said, that the avowant shall have retorn for part, he denied that, for now it appeared by the special verdict, that the avowant and the devisee are Tenants in

Common, and Tenants in Common ought to joyn in avowry: and for that rea∣son the avowant shall not have return for any part, but he ought to replead, Dyer 177. see the book; Hobert said, that without question in this case, if the jury had given a general verdict, this had been against the Plantiff, for it was not devised, if all was not devised according to the issue: and then if it would have been against the Plantiff in this case of a general verdict, the special verdict shall be construed to be of the same nature in law, and it shall be adjudged by us against the Plantiff, for generally where the general issue shall be against any of the parties, there the special verdict shall be of the same degree, and Winch and Hutton agreed, and by Winch who pleads in the affirmative, ought to prove all to be true, as in the case of Soper, which had been remembred by my brother Hendon, and by Hutton, every issue which is taken upon absque hoc ought to be precisely found; and as to the second point, he held that the avowant shall have return for part, for here the jury haue found the third part of the reversion in him, and by that there appears a sufficient certainty to the Court to make an apportionment, & then if the Court may make an apportionment, the avowant shall have return for so much as is due to him, but if the apportionment is to be made by the jury, and not by the Court, there the a∣vowant shall not have return for the third part, but if it was in debt for 40. l. and the jury finde 20. l. the Plantiff shall have judgement of that part to be apportioned by the jury: and so in Trespass, if part be found for the Plantiff, he shall have judge∣ment, for the demand is by writ, but in our case it is an avowry, and it is a certain issue, and for that reason the avowant shall not have return for the third part, ad∣journed; Hutton alledged 28. H. 8. 32. and at another day judgement was com∣manded to be entered for the avow ant, Hobert, and Winch being only present.

Note, that if a man make a lease of several parcels of land in a Town, and this is for the trial of a title in an ejectione firme, he ought to enter into every part of those several, and to leave a servant, or other to keep the possession till he had en∣tered into every parcel: and then to deliver the lease of all, and this is good.