ESTATE AND QUANTITY Tenancy by curtesy or For that whereas one E. F. before and at the time of the making of the indenture hereinafter mentioned, was seised of the tenements hereinafter mentioned to have been demised, in his demesne as of freehold, for the term of his life, as tenant thereof, by the law of England, to wit, at, &c. (venue) and being so seised, &c.—[If the seisin be stated as a derivative title, state the marriage, by dower (a). birth of a child, and death of the wife, as in 2 Rich. C. P. 350.]-"Whereupon and whereby the said E. F. then and there became and was, *and from [ *564 ] thence hitherto hath been, and still is, seised in his demesne as of freehold, of and in the said tenements, with the appurtenances, for the term of his life, as tenant thereof, by the law of England, to wit, at," &c. (venue).-[See the precedent, 2 Rich. C. P. 350.] By assignee of lessor, be ing a termor, For that whereas one E. F. before and at the time of the making of the indenture of demise hereinafter mentioned, was lawfully possessed(c) of the tenements and premises, with the appurtenances, hereinafter mentioned to have see(b). been demised to the said defendant, (that is to say) for the residue and remainder of a certain term of years, to wit, of years, commencing from, &c.(d) to come and unexpired therein, to wit, *at, &c. (venue) and being so possessed [ *565 ] thereof, he the said E. F. on, &c. at, &c. (venue) aforesaid, by a certain indenture, &c.-[Here state the lease, or indenture and covenants, as anle, 549; then state the entry by the lessee, as ante, 551; and after this, state the mode in which plaintiff became assignee, which, if by a deed-poll, will be as post, 575if by surrender, as post, 575-if by bargain and sale enrolled, as post, 576if by lease and release, as post, 578—and by other means, post, 573 to 592; then state the possession of the residue of the term, in consequence of the assignment, &c. as follows:] "Whereupon and whereby the said plaintiff became and was, and from thence hitherto hath been, and still is, possessed of the said (a) See 2 Bla. Com. 126.-3 B. & P. 652, 3. For forms, see 2 Rich. C. P. 350.-1 East, 213.1 Saund. 250, 256. Rast. Ent. 580 b. In a declaration, when the title stated merely as induce ment, the above form will suffice, but in a plea it is in general necessary to show the commencement of the title, as in some of the precedents referred to. As to pleading tenancy by dower, see 2 Saund. 423, 305 b, n. 13.-3 East, 276.-Vin. Ab. Dower, M. a. pl. 25, &c. Free Bench.-5 East, 273. (b) When the action is at the suit of the assignee of a lessor who was a termor, or by the executor of such lessor for rent due after his death, it is necessary, in order to show the plaintiff's right of action, to state the lessor's title as above, and the assignee must set forth all the mesne assignments of the term down to himself, though we have seen it is otherwise in a decl ration against the assignee of a term, 1 Saund. 112, n. 1.-Ante, 552, note.-Clift, 121, 2. But it seems unnecessary to show that the assignments were by deed or signed, 1 Saund. 234, n. 3, 276, n. 1. & 2. Sed quære if this rule does not apply only to declarations by or against the assignee of the lessee, who might at common law assign by parol, see Id.; and it is certainly usual to show the assignment was by deed. This concise mode of stating the interest is sufficient when the title is pleaded as inducement, Com. Dig. Pleader, E. 19, C. 35.-Co. Lit. 17 a. As to pleading possession of a term in right of a wife, see Plowd. 191 a.-Sed vide Dougl. 329. Ante, 559. (c) The word " pssessed," and not "interested," (d) This is a material averment, and is travers- Where the plaintiff, in the first and third counts ESTATE tenements with the appurtenances, for the residue and remainder of the said QUANTITY term therein, then to come and unexpired, to wit, at, &c. (venue) aforesaid.". [Then state the usual averment of performance of covenants by plaintiff, and non-performance by defendant.] OF INTER EST. By executor of lessor, being a termor, against For that whereas the said E. F. in his life-time, since deceased, before and at the time of the making of the indenture of demise hereinafter mentioned, was lawfully possessed(f) of the tenements, with the appurtenances, hereinafter mentioned to have been demised to the said defendant, that is to say, for ter testator's the residue and remainder of a certain term of death(e). lessee, for a breach of covenant af By executor of lessor, tenant from year to year, for breach of covenant in a lease for 21 years, granted by him(h). years, commencing from, (venue) and being so pos &c. to come and unexpired therein, to wit, at, &c. For that whereas, before and at the time of making the indenture hereinafter mentioned, to wit, on, &c. at, &c. (venue) one E. F. demised the tenements, with the appurtenances, hereinafter mentioned, to the said G. H. deceased, his executors, administrators and assigns, To hold the same to the said G. H. his executors, administrators, and assigns, from, &c. for one year thence next ensuing, and fully to be complete and ended; and so from year to year, (e) When the action is at the suit of the executor or administrator of a lessor who was a termor, for rent due after his death, it is necessary, in order to show the plaintiff's right of action, to state. the lessor's title as above. When such action is at the suit of an administrator, a form may be readily adopted from the one above, stating the grant of administration. This concise mode of stating the interest is sufficient when the title is pleaded as inducement, Com. Dig. Plead. E. 19. C. 35.-Co. Lit. 17 a.-Ante, 564. (f) As to these words, ante, 564, n. (g) See as to the necessity of stating probate, 2 Stra. 716. (h) This precedent was holden good on demurrer, 2 Chit. Rep. 461; see also 3 Wentw. 461. for so long time as the said E. F. and G. H. should respectively please; by virtue of which said demise, the said G. H. entered into the said tenements, with the appurtenances, so to him demised as aforesaid, and became and was possessed thereof, and being so possessed thereof, heretofore, and during the continuance of the said demise to wit, on, &c. at, &c. (venue) by a certain indenture then and there made between the said G. H. of the one part, and the said defendant of the other part, the counterpart, &c.—[Here state the lease to the defendant, which was for twenty-one years—the covenants-reference to the lease-entry of the lessee-the death of the testator, during the continuance of the first demise, having made his will, and thereby appointed plaintiff executor -that he proved the will, and thereby became possessed of the interest in the first demise, as in preceding form, mutatis mutandis, and then averring the breaches of covenant during the continuance of the first demise.] ESTATE AND QUAN executor of a lessee, for a breach of covenant af ter his death. [After stating the indenture or lease between plaintiff and the testator, and Against the the entry of the testator, as usual, see ante, 549, &c. proceed thus:]—And the said E. F. (the testator) continued so possessed of the said demised premises, for a long space of time, to wit, from thence, until, &c. (day of his death or about it) when the said E. F. died, to wit, at, &c. (venue) in whose death, to wit, on the day and year last aforesaid, all the estate and interest of the said E. F. of, in, and to the said demised premises, with the appurtenances, came to and vested in the said defendant as executor as aforesaid, to wit, at, &c. (venue) aforesaid, by reason whereof the said defendant as executor as aforesaid, afterwards, to wit, on the day and year last aforesaid, entered into and upon all and singular the said demised premises, with the appurtenances, and became and were possessed, and from thence hitherto have been and still are possessed thereof, for the residue of the said term so to the said E. F. thereof granted as aforesaid, to wit, at, &c. (venue) aforesaid.-[Then proceed to state the averments of performance by plaintiff, and the breach by the executors, as in other cases.] III. ESTATE AND TIME OF ENJOYMENT. ESTATE AND TIME OF ENJOY Seisin in For that whereas one E. F. before and at the time of the making of the inden-MENT(i). ture hereinafter mentioned, was seised in his demesne(1) as of fee, of and in the fee in reversion(k). reversion of a certain messuage, &c. with the appurtenances, immediately expectant upon the death of G. H. who was scised of the tenements, as of freehold, as tenant thereof, by the law of England. And the said E. F. being so (i) As to this division, see 2 Bla. Com. 163. (k) See the form, with notes, I Saund. 250, &c. -2 B. & P. 574.-Attornment of tenant need not be alleged, 2 Saund. 305 b. 13.-Doug. 283. See a form stating a reversion after an estate tail, 2 Saund. 235. (1) The forms in Saund. 250-Co. Ent. 708 b. contain the words "in his demesne," but other forms omit them. Winch. 1103.-1 Saund. 106. When a reversion depends on an estate for years, n. ESTATE AND TIME MENT. Interest in a term to commence in futuro (m). seised of the said reversion of the said tenements, with the appurtenances, he OF ENJOY- the said E. F. heretofore, to wit, on, &c. at, &c. (venue) by his certain indenture made between, &c. [Here state the indenture containing a demise to J. K. for twenty-one years, to commence after the death of the tenant for life: then state the lessee's interest in the lease as follows:]-By virtue of which said demise the said J. K. then and there became and was possessed of the interest of the said term expectant upon the death of the said G. H. And the said J. K. being so possessed of the interest in the said term, and the said E. F. [ *569] being so seised of the reversion thereof expectant upon the *death of the said G. H., he the said E. F. afterwards to wit, on, &c.-[Here state bargain and sale, &c. by E. F. to the plaintiff, and assignment by J. K. the lessee, to C. D. the defendant, of the interest in the term, to commence on the death of G. H.: then state the death of G. H., the entry of C. D. as tenant, and the seisin of the reversion by A. B. the plaintiff, and the rent in arrear, &c. as usual, as ante, 551.] Remainder in fee in a [State the seisin of the lord, and that at a court baron, &c. he granted] the copyhold(n). said tenements, with the appurtenances, to one G. H. for the term of his life, and the remainder thereof after the decease of the said G. H. to one E. F. and his heirs for ever. By virtue of which said grant he the said G. H. entered into the said tenements, with the appurtenances, and was seised thereof in his demesne as of freehold for the term of his life, at the will of the lord, according to the custom of the said manor, the remainder thereof belonging to the said E. F. and his heirs. And the said G. H. being so seised thereof, and the remainder thereof belonging to the said E. F. and his heirs as aforesaid, he the said E. F. &c. ESTATE AND NUM BER OF OWNERS(0). An estate in severalty. IV. ESTATE AND NUMBER OF OWNERS. As to the number of owners, see 2 Bla. Com. 103, 175 to 195.-An estate is either in severalty, joint-tenancy, coparcenary, or in common. [In all the foregoing precedents the estate having been described as in severally, it will be merely necessary here to give the form of pleading (p) in the case of an estate in fee in the husband and wife in right of the wife, when the wife survives, and which is as follows:]—And the said E. F. and G. his wife, being so seised of the said reversion as aforesaid he the said E. F. afterwards, to wit, on, &c. at, &c. (venue) aforesaid, died, and the said G. then and there survived him, whereupon and whereby she the said G. then and there became, and was, and [ *570] still is, sole seised of the said *reversion, with the appurtenances, in her demesne as of fee(g). (m) As to the interesse termini, see 1 Saund. 252, note 1.-Ante, 564, note.-2 Saund. 176, note 5.-1 Saund. 105.- Clift's Ent. 222. (n) As to this form, see 1 Saund. 146, 7, and notes. See the mode of pleading a remainder in fee of a freehold estate, 2 Saund. 235. (0) 2 Bla. Com. 103. (p) See the next form as to sole seisin by survi vorship, in case of a joint tenancy (q) See this form, 1 Saund 253; and as to the allegation of sole seisin in general, 2 Saund. 10, n. 14. For that whereas, before and at the time of the making of the indenture hereinafter mentioned, E. F. and G. H. were seised as joint-tenants in their demesne as of fee(r), of and in the tenements, with the appurtenances, hereinafter mentioned to have been demised to the said defendant, and being so seised thereof heretofore, to wit, on, &c. at, &c. (venue) by a certain indenture then and there made between the said E. F. and G. H. of the one part, and the said defendant of the other part, the counterpart, &c.-[Here set out the lease, as usual, the reference to it, and the lessee's entry, as ante, 549, 550, 1, and then state the death and survivorship as follows:]-And the said defendant 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 life-time of the said G. H. and during the said term by the said indenture granted, to wit, on, &c. at, &c. (venue) 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(s) 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. ESTATE AND NUM- Estate in joint-tenancy and the death of one, and sole sei sin of the survivor. coparcena For that whereas, before and at the time of the making of the indenture here- Estate in inafter mentioned, E. F. and G. H. were seised in their demesne as of fee(1), ry. of and in the tenements, with the appurtenances, hereinafter mentioned to have been demised to the said defendants, as daughters and co-heir(u) of one J. K. deceased. And being so seised heretofore, to wit, *on, &c. at, &c. (venue) by [ *571 ] 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 seised in his demesne as of fee, of and in the teuements, 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. (venue) by a certain indenture then and there made, &c.-[Here set forth the demise to the defendant, the covenants, the reference to the lease, and the lessee's entry, and then state the death of the lessor, and descent to the coparceners, as follows:]—And the said defendant 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. (venue) 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 defendants, as daughters and co-heir of the said J. K. whereupon and whereby the said defendants 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. (r) As to these words, see ante, 560, n. (8) See the last note, and 2 Saund. 10, n. 14. ceners are described as co-heirs; but according to |