Bracton: Thorne Edition: English. Volume 3, Page 305

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Volume 3, Page 305

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[001] ‘Summon by good summoners A. the son and heir of B., who is of full age, as it is
[002] said, to warrant to C. so much land with the appurtenances in such a vill which D. of
[003] N. in our court, at such a place, recovered against the same C. by an assise of mortdancestor
[004] there taken between them, as to which the same C. while he was in seisin
[005] of the same land vouched the aforesaid A. to warranty, and the plea of warranty
[006] remained by judgment of our court until the full age of the aforesaid A. because he
[007] could not answer to the warranty earlier. Witness etc.’>

If there are several tenants in an assise of mortdancestor.

[009] When there are several tenants in an assise of mortdancestor and several demandants,
[010] [and] all are within age or some, we must then see whether the assise ought to
[011] remain because of the age of one, whether he is demandant or tenant, as though all
[012] were within age. We must then see whether those who claim or who hold are parceners
[013] or strangers. If parceners, we must see whether the inheritance is divided or
[014] undivided. [If undivided, the assise will remain], whether one heir of the several
[015] demandants is within age, or several or all, except against the chief lord, because he
[016] cannot deny the assise.¹ When the inheritance is divided,² the assise will not remain
[017] because of the minority of demandants, which will not be so in a proprietary action.
[018] If they are tenants and one or several or all are within age, and they hold in common
[019] and in undivided shares, the assise will remain until all come of age,³ [But if they hold
[020] separately, each his own part, let each answer for his part; the age of all or of one
[021] need not be awaited whether the plea is on the possession or on the property [by
[022] writ] of right.] because they are, so to speak, a single heir having a single right,⁴
[023] and for that reason one may not answer without the other.⁵ If there are several
[024] daughters, heirs, and they claim by assise against the chief lord, those who are of
[025] full age will recover, those within age will remain in wardship, and as they come of
[026] age let each have her portion by a writ of purparty, not by the assise;⁶ if they claim
[027] against strangers, however, though they are within age the assise will proceed,
[028] despite their age. [With respect to several tenants or demandants] there are many
[029] exceptions and answers against the assise which are common to all pleas, as to which
[030] more will be said below. If there are several parceners who hold and several who claim,
[031] if one of them is not named in the writ, whether demandant or tenant, [the writ
[032] falls] according as the thing claimed is held in undivided⁷ shares in common or
[033] separately, [what is to be done in that case will be explained more fully below [in
[034] the portion] on exceptions,]⁸ according

Notes

1. Supra 302

2. ‘cum . . . divisa,’ from line 17

3. Om: ‘quia sunt . . . heres,’ repeated after brackets

4. ‘unum ius habentes,’ infra iv, 315, 330

5. Om: ‘nec debet . . . indiviso,’ repetition

6. Infra 312

7. ‘indiviso’

8. Infra iv, 330