[001] the demandant and tenant, are alive, the warrantor dies. But if one or both of the [002] principal parties die, the principal cause and the whole foundation falls and consequently [003] the incidental plea of warranty.1 A warranty is temporarily suspended because [004] of the minority of the warrantor in a proprietary action, as where the father or [005] mother or other ancestor died seised of the tenement as of fee; in that case the minor, [006] whether one or several, will not answer before his full age,2 though he may sometimes [007] claim in a proprietary action before the full age of twenty-one years, according as the [008] tenement is socage or a military fee.3 And since the warranty is suspended because of [009] age, the principal plea ought properly to be in suspense until his full age.
This rule sometimes fails, because of a fine made, or if the minor's ancestor did no die seised as of fee, because a minor will answer to a fine.
[011] This rule fails, however, in certain cases, sometimes because of a fine made in the lord [012] king's court,4 sometimes because the minor's ancestor did not die seised as of fee of [013] the thing as to which he is vouched to warranty, neither in demesne nor in service, but [014] for a term of years, or for life, or by way of gage, or in the name of wardship, and the [015] like.5 Because of a fine made, for suppose that A. claims so much land etc. against B. [016] and B. vouches C. to warranty thereof, who is unwilling to answer under age because [017] his ancestor died seised thereof as of fee; if B. proffers a chirograph and fine made in [018] the lord king's court between him and the said C., or between their ancestors, C. will [019] answer to that fine, which cannot easily be impugned, though he is under age, and the [020] matter will proceed to judgment as to the warranty, though he is not bound to answer [021] within age to a simple charter, or to homage and service, but will have a respite from [022] answering both as to the warranty against B., and as to the principal plea against A [023] But if there has been a fine and chirograph, C.'s age will not be awaited as against B., [024] who vouched him to warranty, but let him warrant at once, without awaiting his age, [025] because every minor will answer to a fine made, though he was no more than a year [026] old. [But] when C. has thus warranted B., his age will be awaited as against A. on the [027] principal plea; thus it appears at first sight that in one and the same plea age will be [028] awaited and will not, which is true, but from different points of view, since there are [029] here two pleas, one the principal plea between A. and B., and the other, the incidental [030] plea, between B. and C. with respect to