Adams and Tertenants of Savage
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 91 E.R. 510
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Mich. 3 Ann. B. R. 2 Ld. Raym. 1253, S. C.
[601] 11. adams and tertenants of savage. [Mich. 3 Ann. B. R. 2 Ld. Raym. 1253, S. C.] S. C. 1 Salk. 40, and post, 679. 6 Mod. 134, 199, 226. 3 Salk. 321. Holt 179. Lilly Ent. 398. Tertenants returned for several parts cannot join in a plea which goes to one part only. See before 598, pi. 1. 2 Saund. 23. Fares!. 15. 6 Mod. 134, 199. An administrator brought a scire facias on a judgment recovered by his intestate against H. and the writ was general against such as were tenants of the land of H. at the time of the judgment. The sheriff returned several tertenants warned ; among the rest one A., seised of a messuage and of a manor called D. The tenants appear, and all join in this plea, viz. that J. S. is seised of the freehold of the manor of D., & petunt judiciwm de brevi, & quoad breve ill. cassetur. El per Curiam the plea was held ill; and resolved, 1st, That the tertenants cannot join in this plea, because they are severally returned, one for one part, and another for another. 2dly, This is pleading a non-tenure by implication as to the manor of D. Now in a scire facias on a judgment in debt, or any personal action, the defendant cannot plead non tenure generally, because it is contrary to the return of the sheriff, but he may plead a special non tenure in such case; and so the law is now after long and great difficulty settled. 3 Cro. 872. 8 E. 4, 19. 9 H. 5, 11. But in a scire facias for execution in a real action, the defendants may plead a general non tenure ; because their freehold, which is much favoured in law, is in question. 3dly, The terfcenants in this case may plead there be other tertenants not named in the same county, and pray judgment if they ought to answer...
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