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[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



Notes

1. Supra iii, 267

2. Supra iii, 303, iv, 194

3. Supra iii, 301, infra 311, iv, 81,

4. Infra 313

5. Infra 314


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