
    * James Martin versus Sampson Woods
    
      Practice. — Under leave for double pleading to a writ of entry sur disseisin, the tenant pleaded, 1. JVul disseisin. 2. In bar that the demandant was never seised modo et forma, &c. Upon demurrer, the second plea was adjudged bad, as putting in issue a fact which must be proved under the first issue.
    This was a writ of entry sur disseisin, in which the demandant counts on his own seisin, and on a disseisin by the tenant.
    The tenant, under a leave granted him to plead double, pleaded, 1. The general issue of nul disseisin, which was joined by the demandant. And, 2. in bar that the demandant was never seised of the demanded premises in manner and form as he in his declaration has alleged. To the second plea the demandant demurred, and showed for cause that nothing is contained in it but what is involved in the general issue, which was before pleaded and joined. The tenant joined in demurrer.
    The counsel for the tenant did not insist on supporting the second plea, observing that they had pleaded it ex majori cautela.
    
   Parsons, C. J.

We are satisfied that this plea is bad, as it traverses an allegation in the count, which is put in issue by the first plea, on which an issue to the country is joined. The demandant cannot maintain the first issue, without proving to the satisfaction of the jury his seisin, as alleged in his count. The second plea is therefore not only informal, but unnecessary for the tenant’s defence, and ought not to be considered as within the rule to plead double, which is not to be extended to pleas which are useless, and without any benefit to the party obtaining the rule.

The leave to plead double does not generally, in our practice, describe the several pleas, which the defendant may plead. They are stated by parole only by the party; but he must be held to those stated. Indeed, the practice had better be altered, and the several pleas moved for be mentioned in the motion and rule.

Let the second plea be adjudged bad, and the cause may proceed to trial on the general issue.  