156 MAXIMS OF THE LAW. 



warranty, saith, that he entered upon the possession of the 

 defendant, non constat whether this entry was in the life of 

 the ancestor, or after the warranty attached ; and therefore 

 it shall be taken in hardest sense, that it was after the 

 warranty descended, if it be not otherwise averred. 



38 Ti. 6. 18. For impropriety of words, if a man plead that his ances- 



39 n. 6. 5. tors died by protestation seised, and that I. S. abated &c. 



this is no plea, for there can be no abatement except there 

 be a dying seised alleged in fact ; and an abatement shall 

 not be improperly taken for disseissin in pleading, carparoh 

 sont pleas. 



9R.Dy. fo. For repugnancy, if a man in avowry declare that he 

 was seised in his demesne as of fee of white acre, and being 

 so seised did demise the same white acre to I. S. habendum 

 the moiety for twenty-one years from the date of the deed, 

 the other moiety from the surrender, expiration, or determi 

 nation of the estate of I. D. qui tenet predict medietatem 

 ad terminum vita su& reddend 40s. rent : this declaration 

 is insufficient, because the seisin that he hath alleged in 

 himself in his demesne as of fee in the whole, and the state 

 for life of a moiety, are repugnant ; and it shall not be 

 cured by taking the last, which is expressed to control the 

 former, which is but general and formal ; but the plea is 

 naught, and yet the matter in law had been good to have 

 entitled to have distrained for the whole rent. 



But the same restraint follows this rule in pleading 

 that was before noted in grants : for if the case be such as 

 falleth within another rule of pleadings, then this rule 

 may not be urged. 



9. Ed. 4. And therefore it is a rule that a bar is good to a common 

 6&amp;gt; intent, though not to every intent. As if a debt be brought 

 against five executors, and three of them make default, and 

 two appear and plead in bar a recovery had against them 

 two of three hundred pounds, and nothing in their hands 

 over and above that sum : if this bar should be taken 

 strongliest against them, it should be intended that they 

 might have abated the first suit, because the other three 

 were not named, and so the recovery not duly had against 

 them ; but because of this other rule the bar is good : for 

 that the more common intent will say, that they two did 

 only administer, and so the action well considered ; rather 

 than to imagine, that they would have lost the benefit and 

 advantage of abating the writ. 



So there is another rule, that in pleading a man shall 

 not disclose that which is against himself: and therefore 



