formality, the tenant begins to possess by force of the agreement, because (if he is  to hold in fee) the right which ought to descend to the heir immediately descends to  the possessor. The same may be said of land given in pledge1 to remain to the creditor  [in fee] if his money is not paid on the day, or [not paid] to a certain person by a  certain person [as by the debtor], even without a day specified, as above2 so that3  he begins to possess in fee at the death of the debtor,4 or if a day is specified, at dusk,  since the whole day is granted to the debtor.56[The assise does not lie] if one claims  by the assise against a woman holding in the name of dower the portion she holds in  excess of her dower, for there admeasurement lies.
Where the assise of mortdancestor does not lie.
 7If a sister claims by the assise against her nephew, the son of her sister, [on the death  of the sister], and the nephew says that he is the lawful heir of his mother, [the sister]  of the aunt8 who claims, and it is objected by way of replication that he cannot be the  heir since his father was a villein, the assise will not lie, because this answer looks to  the right, as [in the roll] of the eyre of Martin of Pateshull in the county of Lincoln in  the tenth year of king Henry, an assise of mortdancestor [beginning] if Agnes,  daughter of Ellis de Beningworthe.9 The assise also remains if it is objected against a  woman claiming by assise that she had a sister whose children survive, who have as  much right as she who claims. If she answers that those children are villeins and born  of a villein father, though this is established in some way, the assise will remain,  because all this pertains to the right, as above, as [in the roll] of the eyre of William  of Ralegh in the county of Buckingham, an assise of mortdancestor [beginning] if  Henry Bussell.10 And so if the objection is raised against a demandant by assise  that his father was a villein, and he to the contrary that he was in a free status and  died in such status beyond the potestas of his lord, because being claimed in servitude  he sued a writ of peace pending the arrival of the justices, and had it, but died before  their arrival, in a free status,11[here the assise proceeds notwithstanding that  exception.]12 If an older brother has a son or a daughter, or a grandson or a grand-daughter,  and a younger brother claims by the assise against a stranger on the death  of his middle brother, if a son or the other heirs of the deceased older brother are  produced, or if their existence is established in some way by the jurors, with an oath  or without it, the assise falls.13 But if they are not produced, or that they exist cannot  be established, or if the jurors doubt whether they do or not, the assise will then  proceed between the parties. The assise falls if the tenant excepts that the demandant  or another, a