If the Tenant should declare in Court, that the property is not his
own, but belongs to another, then, such other person must be summoned
by another Writ, but yet of a similar nature—and thus the plea shall be
commenced anew against him. And when such other person at last appears
in Court, he in the same manner will declare, either that the property
belongs to him, or not. If the latter, then, the party who had first
asserted in Court, that the property did belong to him, shall thereby
lose the Land irretrievably, and he shall be summoned to appear in
Court, and hear his Judgment; and thus, whether he appear or absent
himself, his Adversary shall recover possession. When the Tenant call
a person into Court to warrant the Land, then, a reasonable day shall
be given him in Court to produce such person there; and thus he may
anew recur to three Essoins, with respect to his own person, and to the
same number, with regard to the person of his Warrantor. The person
cited to warrant having at last appeared in Court, he will either enter
into the warranty of the subject in dispute, or decline it. If he adopt
the former course, he then becomes a Principal Party in the suit, so
that the remainder of the cause shall be entirely carried on in his
name; but if, previous to this step, he essoin himself, the Tenant
cannot excuse himself by an Essoin, but, if absent, shall be adjudged
in default. If, however, the person called to warrant, being present
in Court, should fail in entering into the warranty, then, the plea
must altogether be continued between him and the party who has called
him—and thus, by means of pleading conducive to such an end, the matter
may come to the decision of the Duel, and that, whether the Tenant can
produce his Charter of Warranty, or not, if he be prepared with an
unobjectionable Witness to make proof, and he is willing to undertake
it. It should be observed, that when it is once ascertained, that the
person cited to warrant ought to take that obligation upon him, the
Tenant shall not afterwards lose the property in dispute, because if
such property should be recovered in Court, the Warrantor shall be
bound to make the Tenant a competent equivalent[123] if he possess
sufficient means so to do.
Public-domain text, read in full here on John Shaqi.
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