mains tenant to the demandant, and may plead all pleas which the tenant of the land is entitled to plead; but the feoffee is tenant of the land with regard to all strangers. (a) Tenants. As jointenants must jointly sue, so they must be jointly Jointenants. sued. (b) In general, jointenants cannot sue one another for injuries to the joint property; but when one of two jointenants disseises the other, the latter may recover against his cotenant in assise, or in an action of ejectment. (c) And by stat. West. 2, 13 Ed. 1, c. 22, one jointenant may sue his co-tenant for waste done in a wood, turbary, piscary, or the like. (d) A writ of partition lies between jointenants by the statutes 31 Hen. 8, c. 1, and 32 Hen. 8, c. 32. (e) Coparceners, till partition made between them, have but one Coparceners. entire freehold, and therefore, they must be jointly sued. (ƒ) If one coparcener deforces another of the land descended from the common ancestor, a nuper obiit, or writ of right de rationabili parte will lie. (g) A writ of partition lies between coparceners at common law. (h) Tenants in common must be severally impleaded, because they Tenants in have several freeholds. (i). A writ of partition lies for one Common. tenant in common against the other, by 31 H. 8, c. 1, and 32 H. 8, c. 32. In every action, where the inheritance or freehold is de- Husband and manded, and where seisin of the inheritance or freehold is to be wife. recovered, if the husband be seised in right of his wife, or jointly with his wife, by purchase made before or after the marriage, the action must be brought against them jointly; and so if the husband and wife were coheirs and parceners before the marriage, unless partition has been made before the marriage; and so if land descend to them in parcenary after the marriage. (k) What persons may become tenants in a real action by voucher, receit, or aid-prayer is stated in the following pages, under the proper heads. (a) Ibid. and see post, title "Error." (6) Co. Litt. 180, b. See post, title "Pleas in Abatement." (e) Br. Ab. Assize, 252. 6 Rep. 12, b. (d) 2 Inst. 403. Co. Litt. 200, b. And see post, in "Waste." (e) See post, in “Partition." (S) Co. Litt. 164, a. 167, b. Com. Dig. Parcener. (A. 4.) Br. Ab. Joinder in Action, 40, and post, title "Pleas in (g) See post. (i) Co. Litt.. 195, b. The!. Dig. I. 5. c. 3. (k) Thel. Dig. 1. 5, c. 4, s. 1. Com. Dig. Abatem. (E. 7.) Of the Limitation of Real Actions. ANCIENTLY, the time of limitation in many real actions was appointed by various statutes, to be computed from a fixed period, as in a writ of right, by the statute of Merton, from the coronation of Henry 2, and in mortd'ancestor, &c. by the same statute, from the last return of King John from Ireland (a); but the period of limitation thus appointed, becoming in process of time Stat. 32 Hen. 8. too great (b), the statute 32 Hen. 8, c. 2, was passed; upon which, and upon the statute 21 Jac. 1, c. 16, the law of limitations in real actions now rests. Writs of right, and writs in nature of writs of right. By the former of these statutes, it is enacted, "that no person shall from henceforth sue, have, or maintain any writ of right, or make any prescription, title, or claim, of, to, or for any manors, lands, tenements, rents, annuities, commons, pensions, portions, corodies, or other hereditaments, of the possession of his or their ancestor or predecessor, and declare and allege any further seisin or possession of his or their ancestor or predecessors, but only of the seisin or possession of his ancestor or predecessor, which hath been, or now is or shall be seised of the said manors, lands, tenements, rents, annuities, commons, pensions, portions, corodies, or other hereditaments within threescore years next before the teste of the same writ, or next before the said prescription, title, or claim, so hereafter to be sued, commenced, brought, made, or had." And by sect. 3, "No person shall sue, have, or maintain, any action for any manors, lands, tenements, or other hereditaments, of or upon his or their own seisin or possession therein, above thirty years next before the teste of the original of the same writ hereafter to be brought." All actions which are in the nature of a writ of right, and in which the plaintiff or demandant must count of a seisin and recover any hereditament, are within the statute. (c) Thus a writ de consuetudinibus et servitiis, must be brought within sixty years, (a) 2 Inst. 94. Co. Litt. 114, b. Bac. Ab. Limitation of Actions. (A.) Com. Dig. Temps. (G. 1.) (G. 2.) 3 BI. Com. 193. (b) 2 Inst. 94. (c) Com. Dig. Temps. (G. 1.) because the demandant is to recover a seignory (a); so a writ of Stat. 32 Hen. 8. natico habendo, for the plaintiff is to recover the villein (b); so a quod permittat for estovers (c); and a plaint in a base court for customary land, which the demandant makes protestation to sue in the nature of a writ of right is within the statute (d); so an action in a court of ancient demesne, on a writ of right close. (e) But the following actions are not within the statute; a cessavit, for the seisin of the services is not traversable (f); nor a writ of escheat, because it is not brought on the seisin of the demandant or his ancestors in the land, but ratione dominii (g); nor a ne injuste vexes, because it is only to discharge the land, but not to recover any thing (h); nor a writ of mesne, for the same reason (i); nor a quo jure (k); nor a warrantia charta quià timet (); nor a quid juris clamat, nor per quæ servitia (m); nor a writ of right of dower (n); nor a writ of right sur disclaimer (o); nor a writ of right of advowson (p); nor a writ of waste. (q) It is further enacted, by the same statute, sec. 2, "that no manner of person shall hereafter sue, have, or maintain, any assize of mortd'ancestor, cosinage, aiel, writ of entry upon disseisin done to any of his ancestors or predecessors, or any other action possessory, upon the possession of any of his ancestors or predecessors for any manors, lands, tenements, or other hereditaments, of any further seisin or possession of his or their ancestor or predecessor, but only of the seisin or possession of his or their ancestor or predecessor, which was, or hereafter shall be seised of the same manors, lands, tenements, or other hereditaments within fifty years next before the teste of the original of the same writ hereafter to be brought." And when brought on the demandant's own seisin or possession, the time of limitation, by section 3, is thirty years. In a very late case (r), it was held, that in a writ of intrusion, Actions pos sessory. Stat. 32 Hen. 8. the fifty years allowed by this statute must be accounted from Stat. 1 Mar. c. 5. the seisin of the person who created the particular estate for life, and not from the death of the tenant for life, or the commencement of the adverse possession. If a bishop, or any other sole corporation, sue upon the seisin of his predecessor, he shall be barred if the seisin was not within the time limited by the statute. (a) Where seisin or esplees are alleged, the count ought to allege them within the time of limitation. (b) The seisin mentioned in the statute, is not a mere seisin in law, but an actual seisin. (c) If the tenant intends to dispute the seisin of the demandant or his ancestor, as stated in the count, he must traverse it, otherwise the demandant will not be compelled to prove it. (d) The savings in this statute for infants, feme coverts, and persons in prison, and beyond sea, extend only to persons who laboured under any of those disabilities at the time the statute was made. (e) By statute 1 Mar. c. 5, it is enacted, that the 32 Hen. 8, c. 2, shall not extend to any writ of right of advowson, quare impedit, or assize of darrein presentment, or jure patronatus (ƒ), nor to any writ of right of ward, writ of ravishment of ward for the wardship of the body, or for the wardship of any castles, honors, manors, lands, tenements, or hereditaments, holden by knight service, but that such suits may be brought as before the making of the said act. said by Gibbs, C. J. in Romilly v. James, (a) Br. Stat. of Lim. 33. Com. Dig. Temps. (G. 1.) but see Wats. Clerg. (b) Br. St. of Lim. 13. Com. Dig. ut sup; and see post, in title “Count.” (c) Bevil's Case, 4 Rep. 10, b. Br. Stat. of Lim. 96. Widdowson v. Earl of Harrington, 1 Jac. and Walk. 547.* (d) See the sixth sec. of the statute, Widdowson v. Earl of Harrington, 1 Jac. and Walk. 557. (e) See Sugd. Vend. and Purch. 331. It is misstated in Bacon's Abridgment. (f) The provisions of the statute of 7 Ann. c. 18, have rendered this statute of no use, Harg. Note Co. Litt. 115, a (6.) By the 21 Jac. 1, c. 16, it is enacted, "that all writs of for- Stat. 21 Jac.1. medon in descender, formedon in remainder, and formedon in Formedon. reverter (a), at any time hereafter to be sued or brought, of or for any manors, lands, tenements, or hereditaments, whereunto any person or persons now hath or have any title or cause to have or pursue any such writ, shall be sued and taken within twenty years next after the end of this present session of parliament, and after the said twenty years expired, no such person or persons, or any of their heirs, shall have or maintain any such writ of or for any of the said manors, lands, tenements, or hereditaments; and that all writs of formedon in descender, formedon in remainder, and formedon in reverter, of any manors, lands, tenements, or other hereditaments whatsoever, at any time hereafter to be sued or brought by occasion or means of any title or cause hereafter happening, shall be sued and taken within twenty years next after the title and cause of action first descended or fallen, and at no time after the said twenty years; and that no person or persons that now hath any right or title of entry into any manors, lands, tenements, or hereditaments, now held from him or them, shall thereinto enter but within twenty years next after the end of this present session of parliament, or within twenty years next after any other title of entry accrued, and that no person or persons shall at any time hereafter, make any entry into any lands, tenements, or hereditaments, but within twenty years next after his or their right or title, which shall hereafter first descend or accrue to the same; and in default thereof, such persons so not entering, and their heirs, shall be utterly excluded and disabled from such entry after to be made, any former law or statute to the contrary notwithstanding." "Provided, that if any person or persons that is or shall be entitled to such writ or writs, or that hath or shall have such right or title of entry, be, or shall be at the time of the said right dr title first descended, accrued, come, or fallen, within the age of one and twenty years, feme covert, non compos mentis, imprisoned, or beyond the seas, that then such person and persons, and his and their heir and heirs, shall or may, notwithstanding the said twenty years be expired, bring his action or make his entry, as he might have done before this act, so as such person and persons, or his or their heir and heirs shall, within ten years next (a) By stat. 32 Hen. 8, c. 2, formedons sued within fifty years after the title or in reverter and remainder were to be cause of action fallen. |