4. ESTATE, AND aforesaid, he the said E. F. afterwards, to wit on, &c. at, &c. aforeNUMBER OF said, died, and the said G. then and there survived him. Whereupon OWNERS. [ *260] 20. Estate in jointenancy and the death of one, and sole seisin of the survivor. 21. Estate in [261] and whereby she the said G. then and there became, and was, and still is, sole seised of the said reversion, with the appurtenances, in her demesne as of fee. (h) For that whereas before and at the time of the making of the inden ture hereinafter mentioned, E. F. and G. H. were seised as jointenants in their demesne as of fee, of and in the tenements, with the appurtenances hereinafter mentioned to have been demised to the said C. D.; and being so seised thereof heretofore, to wit, on, &c. at, &c. by a certain indenture then and there made, between the said E. F. and G. H. of the one part, and the said C. D. of the other part, the counterpart, &c. [Here set out the lease as usual, the reference to it, and the lessee's entry, and then state the death and survivorship as follows:-] And the said C. D. being so possessed of the said demised premises, with the appurtenances, for the said term so to him thereof granted as aforesaid, and the reversion thereof, after the expiration of the said term belonging to the said E. F. and G. H. afterwards, and in the lifetime of the said G. H. and during the said term, by the said indenture granted, to wit, on, &c. at, &c. the said E. F. died so seised of the said reversion of and in the said demised premises, with the appurtenances, as aforesaid, and the said G. H. then and there survived him, whereupon and whereby the said G. H. then and there became and was sole (i) seised of the said reversion, of and in the said demised premises, with the appurtenances, in his demesne as of fee, and being so seised, &c. For that whereas before and at the time of the making of the incoparcenary. denture hereinafter mentioned, E. F. and G. H. were seized in their demesne as of fee, of and in the tenements, with the appurtenances hereinafter mentioned to have been demised to the said C. D. as daughters and co-heirs (k) of *one J. K. deceased. And being so seised heretofore, to wit, on, &c. at, &c. by a certain indenture then and there made, &c. [If the estate in coparcenary be stated derivatively from the father, it is described as follows:-] For that whereas before and at the time of the making of the demise hereinafter mentioned, one J. K. was seized in his demesne as of fee, of and in the tenements, with the appurtenances hereinafter mentioned to have been demised. And being so seised, he the said J. K. heretofore, to wit, on, &c. at, &c. by a certain indenture then and there made, &c. [Here set forth the demise to C. D. the defendant, the covenants, the re (h) See this precedent, 1 Saund. 253. -and as to the allegation of sole seisin in general, 2 Saund. 10 n. 14. (i) See the last note, and 2 Saund. 10. n. 14. () In 1 Saund. 255. and Winch. 1163. the parceners are described as co-heirs; but according to Co. Lit. 163-4. and 2 Bla. Com. 187, all par、 ceners make but one heir. NUMBER OF OWNERS. ference to the lease, and the lessee's entry, and then state the death 4. ESTATE, AND of the lessor, and descent to the coparceners as follows :-] And the said C. D. being so possessed of the said tenements, with the appurtenances, and the reversion thereof, after the expiration of the said term, belonging to the said J. K. and his heirs, he the said J. K. afterwards, to wit, on, &c. at, &c. died so seised of the said reversion as aforesaid; whereupon and whereby the said reversion of and in the said tenements, with the appurtenances, descended and came to the said E. F. and G. H. as daughters and co-heirs of the said J K. Whereupon and whereby the said E. F. and G. H. then and there became, and were, and still are seised of the said reversion of and in the said tenements, with the appurtenances, as of fee. For that whereas before and at the time of the making of the in- 22. Tenancy denture of demise hereinafter mentioned, one E. F. was seised in his in common (4) demesne as of fee, of and in one undivided moiety, the whole into two equal moieties to be divided, of and in the tenements, with the appurtenances hereinafter mentioned to have been demised to the said C. D. And one G. H. was also then seised in his demesne as of fee, of and in the other undivided moiety, of and in the same tenements, with the appurtenances, to wit, at, &c. And thereupon, heretofore, to wit, [262] on, &c. at, &c. [Here state the lease by both tenants in common.] V. THE TITLE, AND HOW ACQUIRED. [State the seisin of the lessor and the lease as ante, 250, and the les- 23. Title to see's entry, and then proceed as follows:-] And the said C. D. being (2) See the precedent, Winch. 1163.; -how to describe the demand, de una medietate of the rent, Carth. 289.-As to joinder or severance in action, 5 T. R. 246. (m) It must in covenant by an heir on the lease of his ancestor, be shewn that the lessor was seised in fee, Gilb. Debt, 408, 409-10.-As to pleading title by descent in general, see 2 Bl. Com. 200 to 240. Com. Dig. Pleader, 2 E. 1, 2. Vin. Ab. Heir. See the precedent, Co. Ent. 708. b. 2 Saund. 418. As to pleading a descent in tail, 1 Saund. 255.-The like as coheirs, id. ibid. and ante, 260, 1. It may be pleaded that B. is heir to A. without saying either that A. is dead, or had no son, 2 Saund. 305. a, n. 13. 2 Lutw. 1172. It must be shewn how the plain- the entirety by descent in fee (m). AND HOW ACQUIRED. 5. THE TITLE, SO Possessed as aforesaid, and the said E. F. being so seised of the said reversion as aforesaid, he the said E. F. afterwards, to wit, on, &c. at, &c. aforesaid, died so seised of the said reversion of and in the said demised tenements, with the appurtenances as aforesaid. Whereupon and whereby the said reversion of and in the said tenements with the appurtenances, then and there descended and came to the said A. B. as son and heir of the said E. F. deceased, and thereby he the said A. B. then and there became, and was, and still is, seised of the said reversion of and in the said tenements, with the appurtenances, in his demesne as of fee. [263] 4. By succession of a rector on death ("). 25. By marriage (o). And the said E. F being such rector as aforesaid, and so seised as aforesaid, he the said E. F. afterwards, and during the continuaance of the said term, to wit, on, &c. at, &c. died, and thereupon afterwards, and during the continuance of the said term, to wit, on, &c. at, &c. the said A. B. was in due form of law presented to the said rectory, and lawfully instituted and inducted into the same. Whereupon the said A. B. then and there became, and was, and still is, rector of the said rectory, and the lawful successor of the said E. F. therein; and the said A. B. as such rector as aforesaid, then and there became, and from thence hitherto hath been, and still is, seised in his demesne as of freehold, in right of his said rectory, of and in the said premises in the said indenture mentioned, to wit, at, &c. And the said C. being so seised of and in the said reversion in the said demised tenements, with the appurtenances as aforesaid, she the said C. afterwards, to wit, on, &c. at, &c. aforesaid, took to her husband A. B.; by virtue whereof the said A. B. and C. then and there became and were seised of the said tenements, with the appurtenan ces, in their demesne as of fee, in right of the said C. to pleading a title by descent in a copyhold estate, see 4 Co. 22 b. Vin. Ab. Copyhold, U. b. (n) As to the statement of a freehold in right of a rectory, ante, 252, This concise mode is adopted in actions on the case for dilapidations. See also Mallory, tit. Quare impedit, F. 1. &c. 3 B. & P. 444. of a descent from the grandfather, viz. band and wife, by marriage, 1 Saund. 255. 2 Rich. C. P. 350-1.-Seisin in fee in right of the wife, ante, 250. Tenancy by curtesy by husband's sur、 viving, ante, 253. Sole seisin in wife by her surviving, ante, 259. AND HOW And the said E. F. being so seised as aforesaid, he the said E. F. 5. THE TITLE, afterwards, to wit, on, &c. at, &c. enfeoffed the *said A. B. of the said tenements, with the appurtenances to have and to hold the same to the 26. Feoffsaid A. B. and his heirs and assigns, to the use of the said A. B. his ment (p). heirs and assigns for ever. By virtue of which said feoffment he the said A. B. then and there became and was seised of and in the said tenements, with the appurtenances in his demesne as of fee. And being so thereof seised, &c. [⚫ 264] For that whereas, heretofore, to wit, on, &c. at, &c. by a certain in- 27. By lease (2). denture then and there made between E. F. of the one part, and the said A. B. of the other part, (which said indenture, sealed with the seal of the said E. F. the said A. B. now brings here into court, the date whereof is the day and year aforesaid,) the said E. F. did demise, lease, set, and to farm let (r) unto the said A. B. his executors, administrators, and assigns, a certain messuage or dwelling-house, &c. situate, &c (except as in the said indenture is excepted.) To have and to hold the said messuage, or dwelling-house, &c. with the appurtenances, (except as aforesaid) unto the said A. B. his executors, administrators, and assigns, from the day of then last past, to *the full end and term of years thence next ensuing, and fully to be complete and ended, [here set out any parts of the lease that may be applicable to the case.] As by the said indenture, reference being thereunto had, will (amongst other things) more fully and at large appear. By virtue of which said demise the said A. B. afterwards, to wit, on, &c. entered (s) into and upon all and singular the said demised premises, with the appurtenances, and became and was (p) See the precedents, 2 Saund. 9. 20. 4 Mod. 355. and the law as to feoffments, 2 Bla. C. 310 to 316.-A feoffment is not pleaded by deed, 2 Saund. 9. n. 13. and therefore no profert thereof need be made; and the statute of frauds, 29 Car. 2. c. 3. which requires that livery should be accompanied by some instrument in writing, has not altered the form of pleading, 3 T. R. 156. 1 Saund 9. a n. 1. A livery of seisin on the fecffment, needs not be stated in pleading; Co. Lit. 303. b. 2 Saund. 305. a. n. 13. 1 Saund. 228. b. As to the distinctions between a gift of real property and a feoffment, see 2 Bla. Com. 316, 7.-As to the mode of pleading a grant, id. 317. 2 Saund. 96, 297. 327-8 n. 12. (9) 2 Bla. Com. 317 to 323. lease for lives, 3 Wils. 129.-Demise by the king by indenture enrolled, &c. 1 (r) These are the words usually (s) It is not necessary to state the [265] 5. THE TITLE, possessed thereof for the said term so to him thereof granted as aforesaid. And being so possessed, &c. AND HOW ACQUIRED, 28. Assign. ment of a term to the plaintiff (t). [266] 29. Surrender By virtue of which said demise, he the said E. F. afterwards, to wit, on, &c. aforesaid, entered into and upon all and singular the said demised tenements, with the appurtenances, and became and was possessed thereof for the said term so to him thereof granted as aforesaid. And the said E. F. being so possessed thereof, he the said E. F. afterwards, to wit, on, &c. at, &c. aforesaid, by his certain deed-poll indorsed on the said indenture, and duly signed by him, and scaled with his seal, and which the said A. B. now brings here into court, the date whereof is the day and year last aforesaid, he the said E. F. for the considerations therein mentioned, did bargain, sell, assign, transfer, and set over, unto the said A. B. his executors, administrators, and assigns, [here set out the operative words of the deed of assignment,] as by the said deed-poll, reference being thereunto, had, will more fully appear. By virtue of which said *deed-poll, the said A. B. afterwards, to wit, on, &c. last aforesaid, at, &c. aforesaid, became and was, and from thence hitherto hath been, and still is, possessed of the said tenements, with the appurtenances, for the residue of the said term so thereof granted as aforesaid. And although, &c. [Aver plaintiff's general performance of the lease since the assignment to him of lessee's interest.] And the said E. F. being so possessed of the said demised teneof a leasehold ments, with the appurtenances, as aforesaid, he the said E. F. after interest (u). the making of the said indenture, and during the continuance of the said term thereby granted, to wit, on, &c. at, &c. aforesaid, did sur entry, 1 Saund. 203. n. 1.-As to the (t) 2 Bla. Com. 326. See ante, 253. is doubtful, or the assignments have been lost, 2 Bla. Rep. 1228. It is advisable not to refer to the deeds of assignment, 1 Saund. 234. n. 3. 276, n. 1, 2.-A more concise form may be adopted against an assignee, ante, 246. n. x. (u) See the precedent, 1 Saund. 235. 2 Saund. 22. 2 Bla. Com. 326.—As to what operates as a surrender, and the mode of pleading it, see 1 Saund. 235. c. n. 9. 6 East. 86. Com. Dig. Surrender, N.-Though since the statute against frauds. a surrender not merely by operation of law, must be in writing, yet in a declaration it is not necessary to allege that it was in writing, though it may be necessary in a plea; 1 Saund. 276. a. n. 1,2. |