Where seisin is materially alledged in real action, in a bar, replication or title ; it ought to be traversed and the confession and avoidarice of joint seisin and survivorship will not serve : for the allegation of seisin is positive, and is to be understood sole seisin. But where the seisin is alledged by way of supposition, as in a writ of ayel or mortdancestor, where the dying seised of the ancestor is alledged by the words and quod cum in the count ; there a confession and avoidance will serve, for the reasoti aforesaid. And so if in the writ of ayel the seisin is alledged in the ayel ut dicitur. In mortdancestor the writ is for the jury to enquire whether the ancestor of the demandant died seised.
[1220] EngR 8, (1220-1623) Jenk 117, (1220) 145 ER 82 (E)
Commonlii
England and Wales
Updated: 20 October 2021; Ref: scu.460920