a parcener is in seisin and has encumbered the land1 by his own act, that is of no  concern to his co-heirs or parceners, neither to their loss or gain.
There are some who hold in common but not as co-heirs.
 There are some who hold a thing in common by common consent, as parceners capable  of inheriting but not as co-heirs, as where by common consent they relegate  waste land for the common welfare, for pasture or for some other benefit or use; if  they claim, the same exception will lie against them as against heirs, that one may  neither sue nor answer without the other. A thing may indeed be common among  several persons for many reasons, as above.2
The exception that a husband not be answered without his wife whose inheritance the thing claimed is, but not conversely. If he who claims has no action.
 The tenant also has a dilatory exception arising not from the person of the demandant,  that he cannot sue, but from the person of one conjoined to him without whom  he cannot sue, who are not parceners, each so to speak, taking a part, because when  the thing claimed is recovered it is not divided between the demandants, as between a  husband and wife, who are, so to speak, a single person, because they are one flesh  and one blood, but the thing is the property of the wife, and the husband its custodian,  since he rules his wife, in which case no answer will be made the husband without his  wife nor conversely. A peremptory exception is given the tenant with respect to the  demandant but not against him who has right, as where one claims in his own name  when he ought to claim in another's, as3 a villein [or] a fructuary who has no action,  or4 as a simple canon or monk, who5 are removable and not perpetual, in which case  the action and the writ fall in his person and the action is good in the person of the  other, by another writ.6
The exception that he cannot answer without the assent of such a one, a superior.
 A dilatory exception is given the tenant against the demandant, though the whole  action belongs to him, because of the authority7 of a superior, without whose consent  and authority he cannot sue, as a dean and chapter [they can make no settlement or  compromise, nor change their estate, nor can rectors of churches8 with respect to  the property of his church,] without the consent of the bishop. There are many