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[001] a younger brother or the like, though another has a greater right, as the elder brother,
[002] or the heirs proceeding from him.

There are those who have as much right.

[004] The tenant may also except that if the demandant has right, there are others, coheirs
[005] and parceners, who have as much right, without whom he alone can claim
[006] nothing, as was said above,1 or because the thing is held in common with other parceners,
[007] though they are not co-heirs.2

Also that the tenant has a wife whose right is in question.

[009] He may also except that he has an adjunct, as a wife, whose right is in question and
[010] without whom he cannot claim, since no mention is made of a wife in the writ.3 He
[011] may also except that if4 the demandant has right, the tenant has a greater right, which
[012] may be settled by the grand assise, if the tenant wishes.

That the descent may be obstructed by a felony committed by some ancestor.

[014] An exception may also lie for the tenant, though the ancestor was so seised of fee and
[015] right as the demandant alleges, because of an obstruction in the descent, as where one
[016] of his ancestors has committed a felony of which he was convicted, as where he was
[017] hanged for felony, or outlawed, properly and according to the law of the land, with or
[018] without a rightful causa, [or] by his own confession, [as] where at some time5 he
[019] acknowledged the felony and abjured the realm. And so if one of his ancestors has
[020] remitted his right to the tenant (or to some one from whom the tenant has his causa
[021] possidendi) and quitclaimed, or acknowledged and remitted for himself and his heirs
[022] by a fine made in the court of the lord king.6

An exception also lies for the tenant arising from the editio actionis, if nothing at all is said or what is said is obscure.

[024] An exception also lies for the tenant arising from the intentio and the editio actionis,7
[025] as where, when the writ has been heard and the demandant ought to put forward his
[026] claim, he puts forward nothing or says nothing at all; the tenant must be discharged
[027] because to one who says nothing no reply need be made. If he puts his claim forward
[028] obscurely or incompletely or uncertainly, he need not be answered, because it does
[029] not matter whether one puts forward no intentio at all, or puts it forward obscurely
[030] or incompletely or uncertainly.8 If though he puts forward his intentio fully, he does
[031] not show by what


1. Supra 330

2. Supra 335

3. Ibid

4. ‘quod si’

5. ‘quandocumque’

6. Infra 359

7. D. 2.13; C. 2.1

8. Supra 294; Drogheda, 122

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