Page:Prerogatives of the Crown.djvu/381

 Ch.XIII. Sec.IIL] Traverse, — Resisting Extents. 361 he has not had possession {a), or a party holding a statute merchant and possessed of the land by virtue thereof (6); or a party with whom the extendee has contracted (c) ; or whose goods he has wrongfully taken (c?); may appear and claim. The interest claimed by a stranger must however be distinct from that of the party against whom the extent issues ; it must be a property and interest to which he may be restored {e). When a term is extended the reversioner, having no interest during the existence of the prior chattel interest seized, cannot claim {/) : nor can a creditor suing the extendee move to set aside the extent if it cannot delay the creditor's execution, he not having obtained judgment (g). In cases where a common (k) or profit apprendre in the lands of the extendee is claimed by a stranger under the 2 and S Ed. 6. c. 8 (z). and such interest is not found by the inquisition, as it is better to effect if possible, a traverse is under that sta- tute the proper course of proceeding. Different parties may appear and claim different parts, or the same parts, of the property seized {/c) : and one joint tenant may sue without his companion (Z). Where there are various conflicting claims, the Crown has the prerogative power of deferring the establishment of its title till the parties have interpleaded among each other, when perhaps the Crown claim may be rendered more evident (m). (a) Bunb. 104. pi. 163. Stone v. Evans, Wood IF. 5 th ed. and 7 East, 340, 1. note. 3 Campb. 394. 1 B. and A. 593. (b) Bunb. 123. Where, on an inqui- sition, » man was found possessed of a ternti jure uxaris, and after his de.ath it was sold on a venditioni exponas, the widow was permitted to plead to the inquisition, though she had defended an ejectment brought by the purchaser, and filed a bill in Chancery. Bunb. 220. (c) 7 Ves. 261. (rf) 2 Manning, 588. (e) P. 15 H. 7. fol. 6, b. (/) 50 Ass. 324, pi. 5. Vitx. Tra- verse, 33. 2 Manning, 587. (g) See 2 Price, R. 156. (h) In Ld. Raym. 308, it is said that if yi hath land, in which B. hath com- mon of pasture for sheep ; A. is out- lawed, and the title of B. is not found upon the inquisition ; his cattle may be taken upon a levari facias, until he hath pleaded his title in the Exchequer, and hath it allowed ; contra, if his title had been found upon the inquisition. (i) Ante, 340. {k) West, 176. (/) 2 Manning, 588. (m) See Ibid. See Staundf. Pre. K. ch. 19, on Entcrpleader, between heirs, where there are several offices and dif- ferent grantees of the Crown, &c. As to the remedy of the party who suc- ceeds, 2 Manning, 589. 2. Afo