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[001] and his own deed. If he demises in fee, his action dies and begins to lie for the owner,
[002] either novel disseisin, or entry or on the mere right by writ of right, according as he
[003] holds for life in some way, as of free tenement, or in fee to himself and his heirs,
[004] without use and esplees, or with use and esplees as of mere right.

What writs are not changed to writs of right by the count, because he who claims has only a free tenement.

[006] If one demises who holds only for a term of life, and claims by entry on his own seisin,
[007] where another has the property, the fee, that is, and the mere right, such writ is never
[008] changed by the count into a writ of right. Similarly, if one claims by entry a tenement
[009] he demised for a term, which he held only in fee without use and esplees, such writ of
[010] entry will never be changed by the count to a writ of right.1 If he claims on his own
[011] seisin what he held as a free tenement and in fee, with use and esplees, and thus of
[012] mere right, two actions may then lie for the demandant and he may use whichever he
[013] chooses, either a writ of entry or a writ of right, and one being chosen, it is sometimes
[014] changed into another. If where all the above are present a writ of entry is chosen and
[015] the demandant founds his intentio and shows his right and that the action belongs to
[016] him, let him then allege the entry and prove it, by the country or an instrument, as
[017] said above.

How and what is changed.

[019] If he first alleges the entry and then wishes to show his mere right by descent,2 the
[020] writ of entry is then changed to a writ of right. Both actions are joined together, but
[021] the whole matter will be determined by writ of right or by writ of entry and by a jury,
[022] according as the tenant chooses. The tenant has an election because just as several
[023] actions lie for the demandant and he may use the one he wishes, so if several answers
[024] or peremptory exceptions which determine the matter lie for the tenant, he may use
[025] whichever of them he wishes, to the extent that the time limitation and proof permit:
[026] if he holds himself to entry, care must be taken that the term does not exceed the time
[027] of an assise of mortdancestor so that proof by one's own sight and hearing fails.3 If
[028] [the tenant] holds himself to the right, thenceforward we must proceed as by writ of
[029] right, [that is], after the tenant has put himself on the grand assise


1. Infra 45

2. ‘descensum’

3. Infra 44, n. 4

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