Plowden's quaeries, or, A moot-book of choice cases useful for the young students of the common law / englished, methodized, and enlarged by H.B.
Plowden, Edmund, 1518-1585.
1662
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Plowden's quaeries, or, A moot-book of choice cases useful for the young students of the common law / englished, methodized, and enlarged by H.B.
Plowden, Edmund, 1518-1585.
H. B., Esquire of Lincolns-Inne.
[14], 304 p.
Printed for Ch. Adams, J. Starkey, and Tho. Basset,
London :
1662.
Reproduction of original in the British Library.
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eng
Law -- Great Britain.
Common law -- Great Britain.
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PLOVVDENS
Quaeries
:
OR
,
A
Moot-Book
Of
Choice
Cases
,
useful
For
the
Young
Students
OF
THE
Common
Law
:
Englished
,
Methodized
,
and
Enlarged
,
By
H.
B.
Esquire
of
Lincolns-Inne
.
LONDON
,
Printed
for
Ch.
Adams
,
J.
Starkey
,
and
Tho.
Basset
,
at
their
shops
in
Fleet
street
.
1662.
To
the
Reader
.
THIS
Piece
which
now
entertains
your
Eie
,
was
originally
(
if
I
may
so
term
it
)
a
Rhapsody
of
Cases
,
wherein
the
Author
did
not
so
much
consult
his
Method
,
as
the
choice
of
his
Matter
:
for
as
they
proceeded
from
his
hand
they
had
no
Coherence
amongst
themselves
,
except
such
as
were
voucht
to
warrant
the
Reasons
of
others
:
and
most
of
them
too
more
naturally
referring
to
their
own
proper
Heads
and
Divisions
,
under
which
it
was
necessary
to
reduce
them
,
according
to
that
form
I
had
propounded
to
my self
.
So
that
it
was
not
difficult
to
presage
how
great
a
Trouble
must
be
encountred
in
the
Attempt
to
contrive
so
great
a
Confusion
into
any
considerable
Order
.
But
imagining
the
effects
of
my
labour
might
reward
my
pains
,
I
was
easily
prompted
to
undertake
it
for
my
own
private
accomodation
,
and
not
out
of
any
vain
glorious
design
to
obtrude
it
upon
the
world
;
for
it
is
very
well
known
I
opposed
a
three
years
importunity
to
render
it
publick
;
yet
in
fine
considering
that
my
own
Reputation
stood
responsible
no
further
,
than
for
giving
it
this
shape
into
which
you
now
see
it
form'd
,
I
thought
I
might
with
the
greater
freedom
comply
with
the
desires
of
those
who
so
long
,
and
so
earnestly
,
had
invited
it
to
the
Press
.
For
the
work
it self
,
it
hath
gained
a
very
fair
reputation
;
For
I
know
no
book
that
depends
meerly
upon
the
strength
of
its
own
reason
as
this
doth
,
that
ever
was
entertained
with
so
great
an
esteem
as
this
hath
been
by
all
persons
that
pretend
to
the
knowledge
of
the
Law.
But
the
most
signal
mark
of
its
worth
was
set
upon
it
by
that
person
who
in
the
Fabrick
of
those
everlasting
Monuments
of
his
Fame
,
his
Reports
and
Institutes
hath
vouchsafed
to
honour
this
Treatise
so
far
as
to
make
himself
indebted
to
it
for
many
of
his
Materials
,
as
will
be
obvious
and
visible
to
any
mans
observation
that
hath
the
least
acquaintance
with
them
.
You
will
find
upon
a
serious
perusall
,
that
few
of
the
Cases
herein
contained
are
any
where
else
to
be
found
,
unlesse
they
were
borrowed
from
hence
.
That
the
Author
was
a
person
of
a
most
refined
Theory
:
And
that
the
work
it self
is
a
Systeme
of
the
sublimest
speculations
in
the
Law
;
wherein
there
is
nothing
Vulgar
,
Trite
,
or
usuall
,
and
yet
every
thing
usefull
.
You
will
perceive
that
in
the
Cases
that
are
controverted
,
as
some
of
them
be
,
the
Arguments
on
both
sides
are
derived
from
such
apt
and
natural
Topicks
,
and
the
Contest
managed
with
so
even
and
equall
a
strength
of
Reason
,
that
it
is
often
left
a
measuring
cast
.
Besides
the
Generall
Benefit
,
this
Piece
will
oblige
the
Students
of
the
Law
with
a
more
particular
Advantage
;
for
out
of
it
they
may
furnish
themselves
,
not
onely
with
Quaeres
and
Moot
Points
for
their
Exercises
in
their
respective
Societies
,
the
want
whoreof
is
so
generally
lamented
;
but
they
will
also
find
many
of
these
Problemes
debated
upon
either
side
.
So
that
they
are
not
onely
accommodated
with
Subjects
for
their
quarrels
;
but
are
also
arm'd
with
weapons
both
offensive
and
defensive
.
It
would
too
much
resemble
flattery
for
any
man
to
assert
the
infallibility
of
his
Treatise
in
every
particular
.
It
is
a
prerogative
to
which
few
books
in
the
Law
,
I
had
almost
said
none
,
ever
arrived
;
For
Littleton
who
no
doubt
,
as
he
writ
in
the
quality
of
a
Father
,
was
most
accurate
in
his
Composition
,
lest
the
Judgement
of
his
Son
might
derive
a
blot
from
his
own
pen.
And
notwithstanding
the
work
is
considered
as
the
most
accomplished
piece
of
that
nature
that
was
ever
yet
extant
,
and
his
honourable
Interpreter
makes
his
name
and
the
Law
Equivocall
;
Yet
he
himself
shuts
up
that
Discourse
with
so
modest
an
Epiphonema
,
that
it
plainly
implies
his
own
esteem
of
it
was
very
different
from
that
which
the
World
hath
since
bestowed
upon
it
:
And
the
same
Learned
Commentator
,
although
he
was
sufficiently
positive
and
peremptory
in
vindicating
the
Authority
of
his
Author
:
yet
when
he
comes
to
reflect
upon
his
own
Labours
,
he
is
found
to
make
use
of
the
same
Epilogue
for
those
Truths
which
depend
meerly
upon
Fancie
and
Opinion
,
without
the
assistance
of
any
known
Principle
to
support
them
,
as
many
Cases
in
the
Law
do
;
have
a
certain
fatal
period
beyond
which
they
seldom
survive
:
and
from
hence
it
is
,
that
what
was
reason
an
Age
since
ceaseth
to
be
so
now
:
And
some
Decisions
have
a
shorter
Date
;
for
the
Judgements
that
are
given
in
one
Court
,
and
that
too
upon
the
most
solemn
Debates
,
are
often
times
Reverst
in
another
before
the
breath
is
cold
that
pronounced
them
:
For
when
the
Determination
of
a
case
must
be
fetcht
out
of
its
self
,
there
is
nothing
so
uncertain
and
mutable
as
the
Conclusions
that
are
made
thereupon
.
And
thus
it
fares
with
many
of
these
cases
,
being
govern'd
by
some
particular
circumstance
which
leads
them
out
of
the
common
Road
,
and
distinguisheth
them
from
others
.
So
that
when
I
consider
the
Niceties
that
are
contained
in
it
,
and
how
critically
they
are
decided
,
I
cannot
but
admire
so
many
of
them
are
reputed
for
Law.
I
confesse
you
will
meet
with
some
passages
that
are
not
agreeable
to
the
received
opinions
of
this
Age
,
but
most
that
are
,
which
puts
me
in
mind
of
a
Character
that
was
given
it
by
an
ingenuous
and
intelligent
person
in
the
Law
,
That
there
are
in
it
multa
falsa
,
plura
vera
,
plurima
ingeniosa
.
To
conclude
,
although
my
particular
Interest
in
this
piece
be
so
inconsiderable
,
that
I
cannot
rationally
affect
any
reputation
by
it
:
Yet
if
there
be
any
thing
that
relates
to
my
own
endeavours
that
may
accidentally
purchase
a
generous
reception
from
any
ingenuous
spirit
,
it
shall
be
an
ample
compensation
for
the
labour
and
pains
that
have
been
bestowed
upon
it
.
Farewell
.
Errata
.
Pag.
2.
l.
23.
after
life
add
the
remainder
for
life
.
p.
25.
I.
12.
r.
parol
.
l.
32.
add
for
.
p.
70.
l.
14.
dele
not
.
p.
75.
l.
10.
r.
pur
auter
vye
.
l.
16.
r.
pur
.
p.
77.
l.
26.
for
confirmation
r.
freehold
,
p.
85.
l.
12.
r.
did
.
p.
99.
l.
5.
r.
his
p.
122.
l.
21.
r.
estovers
.
141.
l.
6.
r.
acre
.
p.
160.
l.
12.
r.
by
.
p.
171.
l.
9.
r.
some
think
.
p.
185.
23.
dele
If.
l.
24.
for
heard
r.
hard
.
p.
23.
l.
7.
for
deluge
r.
delayd
.
p.
230.
l.
18.
for
suing
r.
saving
.
p.
232.
l.
7.
r.
vested
.
p.
89.
for
Disablement
r.
Disability
.
An
Alphabeticall
Table
of
all
the
Principal
Heads
contained
in
this
Book
.
A
Pag.
ABsence
.
1
Acceptance
ib.
Administrator
.
4
Advantage
.
5
Agreement
.
6
Aid
.
7
Alien
.
ibid.
Annuity
.
9
Appendant
.
10
Apporcionment
.
11
Arrerages
.
16
Assent
.
ibid.
Assetts
.
17
Assignee
.
18
Attainder
.
19
Atturnment
.
24
Avoid
.
29
Avowry
.
31
Authority
.
33
B
BArr
.
34
Bargain
and
Sale.
ibid.
Baron
&
Fem.
35
Bastard
.
44
BonaFelonnm
,
&c.
51
Borough
English
.
ibid.
C
CHarge
.
52
Claim
.
57
Capacity
.
59
Cessavit
.
ibid.
Cessante
causa
,
&c.
60
Common
,
vide
Apporcionment
.
Condition
61
Confirmation
72
Continuall
Claim
.
78
Covenant
,
videVse
.
D
DAmages
80
Daughter
ib.
Deed
82
Debt
.
84
Devastavit
,
vide
Executor
.
Devise
86
Disablement
.
89
Disagreement
90
Discharge
91
Dissent
94
Discontinuance
97
Disceisor
100
Divorce
102
Dower
.
104
E
ELection
112
Emblements
.
116
Entry
117
Escheat
119
Estate
120
Estoppple
121
Estovers
122
Exchange
123
Execution
124
Executors
.
126
Extinguishment
131
F
FEoffment
132
Fem
Covert
134
Fem
Sole
135
Fine
ibid.
Forfeiture
136
Frankmarriage
.
138
G
GRant
139
Gavel
kind
.
141
H
HAbendum
142
Harriot
ibid.
Heir
144
I
INcertainty
148
Infant
149
Joinder
in
Action
152
Jointenants
156
Judgement
161
L
LEease
161
Limitation
166
Livexyy
&
seisin
169
M
Market
overt
171
N
Nusance
172
O
OBligation
172
Occupant
173
Outlawry
174
P
PArceners
&
Partition
175
Particeps
Criminis
182
Payment
184
Place
ibid.
Pleas
ibid.
Possession
185
Possessio
Fratris
.
186
Q
Quaere
Impedit
188
R
REcognizance
,
vide
statute
.
Record
189
Relation
ibid.
Release
190
Remainder
217
Remitter
220
Rent
227
Reservation
25
Reversion
253
Reviver
257
S
SEisin
260
Severance
of
the
Jointure
ibid.
Statutes
ibid.
Surrender
263
T
TAil
264
Tenants
in
Common
269
Tenant
by
the
Curtesie
272
Tenures
274
Testament
281
V
VIllain
281
Voucher
285
W
WAst
.
292
Warranty
.
295
Absence
.
IF
one
in
the
absence
of
I.
S.
disseiseth
another
to
his
use
,
or
in
his
absence
surrenders
to
his
Steward
,
or
gives
goods
to
him
in
his
absence
;
his
subsequent
agreement
will
make
all
good
.
But
a
disagreement
cannot
be
in
his
absence
.
Acceptance
.
TEnant
in
tail
grants
a
Rent-charge
in
Fee
,
and
then
makes
a
Lease
for
forty
years
rendring
a
Rent
,
and
dies
.
The
Issue
,
after
his
death
,
accepts
the
Rent
;
the
Grantee
shall
have
the
Rent
during
the
Lease
,
and
also
during
the
life
of
the
Issue
;
though
the
Lessee
surrenders
Q.
for
the
Reversion
is
discharged
.
A.
makes
a
Lease
for
life
,
rendring
a
Rent
,
with
a
clause
of
re-entry
;
after
he
has
title
of
entry
he
accepts
the
Rent
:
now
he
cannot
enter
for
the
condition
broken
;
for
,
when
he
accepted
the
Rent
,
he
did
not
receive
it
as
a
debt
;
(
for
an
Action
of
Debt
would
not
lie
in
that
case
)
but
as
a
Rent
.
And
it
cannot
be
a
Rent
unless
the
Lease
continues
.
So
if
a
Woman
,
Issue
in
tail
,
or
an
Infant
accept
a
Rent
reserved
by
the
Husbund
,
&c.
But
in
the
principal
case
,
if
the
Lease
had
been
for
years
,
there
the
Rent
is
said
to
be
a
Debt
during
the
Lease
as
well
as
after
.
A
Fem
sole
,
being
Lessee
for
life
,
takes
Husband
,
then
they
make
a
Lease
to
I.
for
his
life
,
rendring
a
Rent
;
the
Husband
dies
,
the
Wife
accepts
the
Rent
in
Pais
;
the
Lessor
may
enter
,
and
she
is
barr'd
of
her
Cui
in
vita
;
for
,
by
her
acceptance
she
hath
agreed
to
the
forfeiture
.
If
the
Issue
in
tail
accepts
the
Rent
,
with
a
Proviso
,
that
it
shall
not
be
prejudicial
to
his
entry
to
avoid
the
Lease
,
yet
he
shall
never
defeat
the
Lease
.
The
Husband
and
Wife
make
a
Lease
for
life
,
reserving
a
Rent
;
the
Husband
dies
,
the
Wife
accepts
the
Rent
from
the
Lessee
:
she
shall
not
avoid
the
Remainder
;
for
they
are
both
but
one
Estate
,
and
an
Agreement
cannot
be
to
parcel
of
an
estate
.
So
if
a
Lease
be
made
to
two
by
Husband
and
Wife
for
their
lives
,
rendering
a
Rent
during
the
life
of
one
of
them
:
If
the
Wife
,
after
the
death
of
her
Husband
accepts
the
rent
,
she
shall
not
oust
the
Survivor
.
The
Husband
and
Wife
,
being
tenants
in
tail
,
the
Husband
makes
a
Lease
for
years
,
reserving
a
Rent
,
and
dies
,
the
Wife
dies
also
.
Quaere
,
if
the
acceptance
of
the
Rent
by
the
Issue
will
make
the
Lease
good
?
A
man
makes
a
Feofment
upon
condition
;
the
Feoffee
makes
a
Lease
for
life
,
and
grants
the
reversion
to
the
Feoffor
.
If
he
hath
cause
to
have
a
Writ
of
Right
,
or
other
real
action
,
he
cannot
have
it
against
the
Lessee
for
life
;
for
the
Reversion
is
in
him
by
his
own
acceptance
.
A
gift
in
tail
is
made
to
the
Donee
,
and
the
Heirs
males
of
his
Body
:
and
for
want
of
such
Issue
,
the
remainder
to
him
and
the
Heirs
females
of
his
body
;
the
Donee
makes
a
Lease
for
years
,
reserving
a
rent
,
and
dies
without
Issue
male
.
If
the
Heir
female
accepts
the
rent
,
she
shall
be
bound
;
for
the
Lease
issued
out
of
both
the
estates
.
But
if
the
Heir
male
had
made
the
Lease
,
the
Heir
female
cannot
make
it
good
by
acceptance
.
If
Tenant
in
tail
dies
,
his
Heir
within
age
,
and
the
Guardian
avoids
it
during
the
minority
;
yet
the
Heir
at
his
full
age
,
by
his
acceptance
,
may
affirm
it
.
So
if
the
Wife
of
Tenant
in
tail
avoids
a
Lease
by
a
Recovery
in
Dower
;
yet
,
after
her
death
,
if
the
Issue
accepts
the
Rent
,
he
hath
made
good
the
Lease
.
Administrator
.
AFter
the
death
of
the
Intestate
,
A
:
gets
the
goods
,
and
gives
them
to
B
:
and
after
Letters
of
Administration
are
granted
to
A
:
he
shall
not
take
the
Goods
out
of
the
possession
of
B
:
for
the
Law
saies
,
by
the
first
taking
the
Goods
,
he
had
them
to
the
use
of
the
Intestate
;
for
he
shall
be
charged
as
Executor
de
son
tort
.
And
he
is
to
have
the
Goods
in
the
same
capacity
.
But
it
is
otherwise
if
A
:
takes
the
goods
of
B
:
tortiously
and
gives
them
to
C
:
and
then
B
:
makes
A
:
his
Executor
.
But
in
the
principal
case
,
if
A
:
releaseth
to
a
Debtor
of
the
Intestate
after
administration
committed
to
him
,
he
may
have
an
Action
;
for
of
a
chose
in
action
a
man
cannot
gain
a
possession
.
If
a
Lease
is
made
to
begin
at
Easter
,
and
before
Easter
A
:
grants
it
over
,
and
before
Easter
the
Lessee
dies
,
and
A
:
takes
administration
to
the
Lessee
,
and
grants
it
over
to
another
,
the
second
Grantee
shall
enjoy
it
.
If
a
Rent
charge
is
granted
for
years
,
and
A
:
compels
the
Tenant
to
pay
it
to
him
,
and
then
he
grants
it
over
,
and
takes
Letters
of
Administration
to
the
first
Grantee
,
he
shall
avoid
his
own
Grant
:
for
the
possession
which
he
had
usurped
shall
not
be
esteemed
the
possession
of
the
same
term
;
but
it
shall
be
said
a
voluntary
payment
of
the
Tenant
:
for
none
can
be
said
to
have
the
Rent
but
he
that
had
right
to
it
.
Advantage
.
THree
joint-tenants
,
one
gives
his
part
to
his
Daughter
in
Frank-marriage
to
one
of
his
Companions
,
and
makes
Livery
.
This
is
a
good
Frank-marriage
;
for
,
though
one
Joynt-tenant
cannot
enfeoffe
another
,
yet
his
Companion
,
and
a
stranger
he
may
;
because
't
is
for
the
Advantage
of
a
third
person
;
and
the
Livery
being
made
to
the
third
person
shall
vest
the
estate
in
both
,
7
H.
6.
3.
21
H.
7.
41.
But
others
think
the
contrary
:
for
,
the
Husband
cannot
take
it
immediately
from
his
Companion
:
therefore
,
for
him
it
is
void
,
and
good
for
the
Wife
.
As
if
a
Feofment
be
made
to
a
stranger
,
and
the
Wife
of
the
Feoffor
.
The
Husband
is
bound
in
a
Statute
,
and
after
he
and
his
Wife
levy
a
Fine
of
the
Wife's
Land
to
A
:
the
Husband
dies
.
The
Statute
shall
not
be
extended
during
the
Wife's
life
;
for
nothing
passed
from
the
Husband
,
but
the
estate
which
he
had
in
right
of
his
Wife
:
And
A
:
shall
have
the
same
Advantage
which
the
Heir
of
the
Wife
should
have
had
.
Tenant
in
tail
enfeoffs
one
Daughter
within
age
,
and
dies
:
she
is
remitted
;
but
the
other
Daughter
shall
not
take
Advantage
of
it
.
Agreement
.
IF
I
disseise
one
to
the
use
of
my self
and
A
:
who
after
Agrees
to
the
disseisin
,
we
are
joint-tenants
,
21
Ass
.
49.
If
one
sister
in
tail
enters
upon
the
Discontinuee
of
her
Father
,
claiming
to
her
and
her
sister
;
and
the
Discontinuee
ousts
her
,
and
she
recovers
in
an
Assise
,
the
other
sister
shall
have
the
moyty
by
her
Agreement
.
But
if
I
disseise
one
to
the
use
of
A.
after
twenty
pounds
received
by
me
of
the
profits
;
or
to
the
use
of
my self
for
life
,
and
after
to
his
use
in
fee
;
there
he
shall
have
nothing
by
his
Agreement
:
for
I
cannot
apportion
the
wrong
.
If
I
disseise
my
Tenant
for
life
to
the
use
of
A
:
he
shall
have
but
a
Free-hold
by
his
Agreement
.
If
the
Issue
in
tail
within
age
,
by
covin
commands
A
:
to
disseise
the
Discontinuee
of
his
Father
.
A
:
disseises
him
to
the
use
of
B
:
for
life
;
and
after
to
the
use
of
his
own
right
Heirs
.
B
:
agrees
,
A
:
dies
,
B
:
dies
,
the
Heir
of
A
:
enters
,
and
enfeoffs
the
Issue
,
he
is
remitted
because
of
his
minority
.
An
Agreement
cannot
be
to
parcel
of
an
Estate
.
Aid
.
IF
Coparceners
make
partition
,
and
one
has
the
Seignority
,
and
a
Tenancy
escheats
,
and
she
is
impleaded
of
that
;
she
shall
not
have
Aid
of
the
other
Coparcener
;
for
Aid
cannot
be
granted
but
of
Land
descended
.
If
one
Acre
is
given
to
the
eldest
Daughter
in
Frank-marriage
,
and
another
in
fee
descends
to
the
youngest
;
if
she
shall
have
Aid
is
the
question
?
Alien
.
IF
a
Reversion
be
granted
to
an
Alien
,
and
after
he
is
made
a
Denizen
,
and
then
the
Tenant
atturns
,
he
shall
not
take
to
his
own
use
.
A
Lease
for
years
is
made
to
an
Alien
upon
condition
to
have
Fee
;
he
is
indenized
,
and
hath
License
to
purchase
,
and
then
performs
the
Condition
.
The
King
shall
not
have
the
Fee
,
for
it
hath
not
a
Relation
as
to
the
devesting
of
the
Fee
,
further
than
the
performance
;
although
that
for
Charges
and
Incumbrances
it
hath
a
larger
Relation
.
If
an
Alien
Disseisor
be
made
a
Denizen
,
the
King
shall
not
have
the
Land
,
if
the
Disseisee
doth
after
release
unto
him
;
but
if
an
Alien
had
been
the
Feoffee
of
a
Disseisor
,
it
had
altered
the
case
,
for
it
is
a
new
purchase
in
one
case
,
and
but
an
extinguishment
of
a
right
in
the
other
:
and
it
seems
that
the
Issue
of
such
an
Alien
born
within
the
Realm
shall
be
in
ward
for
Land
descended
to
him
on
the
part
of
the
Mother
,
during
the
life
of
the
Alien
,
if
he
be
not
Heir
apparent
.
And
a
man
born
in
England
cannot
make
himself
heir
in
special
tail
to
a
Baron
&
Fem
,
whereof
one
is
an
Alien
,
neither
shall
he
have
an
Appeal
for
the
death
of
such
a
Father
or
Mother
Alien
.
If
Land
be
devised
to
an
Alien
,
and
he
is
made
a
Denizen
,
and
after
the
Devisor
dies
,
there
he
shall
take
by
the
Will
;
for
all
takes
effect
by
the
death
of
the
Divisor
.
But
in
the
case
above
,
if
when
the
Office
is
found
the
Lease
should
be
adjudged
in
the
King
from
the
beginning
,
then
it
takes
away
the
Condition
,
and
then
he
could
not
acquire
a
fee
by
his
performance
.
If
a
man
seised
in
fee
marries
an
Alien
,
and
makes
a
Feofment
,
and
she
is
made
a
Denizen
,
and
the
Husband
dies
,
she
shall
not
recover
her
Dower
.
Annuity
.
IF
an
Annuity
be
granted
for
the
life
of
I
:
and
the
Grantee
releaseth
all
Actions
of
Annuity
to
the
Grantor
;
it
seems
he
shall
not
have
an
Action
of
Debt
for
the
arrerages
after
the
release
,
and
after
the
death
of
I.
for
when
they
were
due
he
had
no
remedy
.
If
a
Rent
charge
is
granted
out
of
Land
in
Fee
,
the
Heir
of
the
Grantee
shall
have
his
election
to
bring
his
.
Writ
of
Annuity
,
and
so
shall
the
Executor
of
the
Grantee
,
if
the
Grant
were
for
years
.
And
if
the
Wife
brings
Dower
,
the
Heir
shall
not
say
,
that
he
will
take
it
as
an
Annuity
;
for
it
must
be
determined
by
the
bringing
of
his
Action
:
and
if
she
be
once
endowed
,
the
Heir
shall
not
have
an
Annuity
of
the
other
two
parts
;
for
his
Writ
ought
to
be
grounded
upon
the
Deed
,
and
that
for
all
,
or
for
none
:
for
there
can
be
no
apporcionment
of
an
Annuity
,
or
personal
thing
.
Appendant
.
IF
an
Advowson
be
Appendant
to
a
Mannor
,
and
the
Advowson
is
granted
to
one
for
life
,
and
then
the
Grantee
is
enfeoffed
of
the
Mannor
cum
pertinentiis
;
yet
the
Free-hold
of
the
Advowson
is
not
Appendant
.
But
if
the
Grantee
had
regranted
it
to
the
Grantor
,
it
had
been
Appendant
.
But
if
A.
makes
a
Lease
of
his
Mannor
for
life
,
saving
the
Advowson
,
and
after
grants
the
reversion
of
the
Mannor
una
cum
Advocatione
,
the
Advowson
shall
never
be
Appendant
to
the
Mannor
again
.
Husband
and
Wife
make
a
Feoffment
of
the
Mannor
of
the
Wife
,
to
which
an
Advowson
is
Appendant
;
the
Feoffee
makes
a
Feofment
of
one
Acre
with
the
Advowson
;
the
Husband
dies
,
the
Wife
recontinues
the
Mannor
;
she
shall
present
without
any
recontinuance
of
the
Acre
:
for
it
was
not
appendant
to
the
Acre
;
for
if
a
man
makes
a
Feofment
of
an
Acre
,
parcel
of
a
Mannor
,
cum
pentinentiis
,
nothing
of
the
Advowson
,
which
is
appendant
to
the
Mannor
,
passes
.
If
one
hath
a
Mannor
,
and
makes
a
Lease
for
life
of
all
the
Mannor
,
except
one
Acre
;
now
the
Fee
of
the
Acre
is
divided
from
the
Mannor
during
the
Lease
for
life
,
but
after
the
determination
of
the
Lease
it
shall
be
appendant
again
.
Apporcionment
.
TWo
Joint-tenants
by
Twelve-pence
,
the
one
grants
what
belongs
to
him
upon
condition
;
the
Lord
grants
the
services
of
one
,
and
Atturnment
is
had
:
the
Condition
is
broken
,
the
Grantor
enters
;
he
shall
hold
by
Twelve-pence
also
,
for
by
the
Grant
no
Apporcionment
is
made
,
and
then
by
the
Grant
Twelve-pence
passed
,
and
Twelve-pence
remain
.
If
tenant
for
years
enfeoffs
the
Lord
of
one
Acre
,
the
Seignory
shall
be
Apporcioned
.
A
Rent
is
granted
in
Fee
out
of
Land
in
Borough-English
,
and
at
Common
Law
;
the
Grantee
dies
,
leaving
two
Sons
,
the
eldest
shall
have
all
,
for
the
rent
being
entire
cannot
be
Apporcioned
,
and
the
eldest
,
being
Heir
,
shall
have
all
.
If
a
Rent
charge
be
granted
in
Fee
,
and
the
Grantee
dies
,
and
his
Wife
recovers
her
Dower
of
the
third
part
of
the
Rent
,
the
Heir
cannot
have
an
Annuity
of
the
two
parts
;
for
it
must
be
for
all
,
or
none
,
for
it
cannot
be
apporcioned
.
If
the
Obligor
for
twenty
pound
makes
the
Obligee
his
Executor
,
and
leaves
but
ten
pound
,
he
may
retain
that
ten
pound
,
and
sue
the
Heir
for
the
rest
.
So
that
a
Duty
may
be
apporcioned
by
act
in
Law.
If
a
Lease
be
made
of
two
Acres
for
years
rendring
a
Rent
,
and
the
Reversion
of
one
of
them
is
granted
over
,
the
Rent
shall
be
apporcioned
:
for
as
the
Contract
is
made
in
respect
of
the
Reversion
,
so
it
shall
be
severed
in
respect
of
the
Reversion
.
If
a
Lease
be
made
of
two
acres
,
rendring
a
Rent
,
with
a
Clause
of
re-entry
into
one
for
not
payment
of
the
Rent
,
it
seems
reason
that
the
Rent
shall
be
apporcioned
:
And
so
if
the
Condition
had
been
that
he
should
have
fee
in
one
Acre
.
And
if
a
man
makes
a
Lease
of
a
flock
of
sheep
,
and
land
,
rendring
a
Rent
,
if
either
of
them
be
evicted
,
the
Rent
shall
be
apporcioned
.
But
if
I
have
a
term
of
twenty
years
,
and
I
grant
it
over
with
a
stock
of
Cattle
,
rendring
a
Rent
by
Indenture
,
and
if
the
rent
be
arrear
that
I
shall
distrein
;
there
,
if
the
stock
be
recovered
,
the
Rent
shall
be
apporcioned
;
for
before
my
Recovery
my
remedy
was
by
distress
,
and
not
by
Action
of
Debt
,
and
so
no
apporcionment
for
a
Chattle
devested
.
If
one
enters
lawfully
upon
Tenant
for
life
,
by
title
Paramount
,
into
one
Acre
,
for
a
condition
broken
,
though
he
has
the
same
title
to
all
the
Land
;
or
enters
into
one
Acre
by
a
title
upon
an
alienation
in
Mortmain
,
or
consent
to
a
Ravisher
,
&c.
or
if
the
Lessor
himself
enters
into
one
Acre
,
by
reason
of
a
Condition
broken
,
or
because
he
was
within
Age
at
the
time
of
the
making
the
Lease
,
and
peradventure
part
is
good
by
Custome
which
enables
an
Infant
to
make
a
Lease
;
or
if
the
Lessor
takes
a
Surrender
of
parcel
,
or
recovers
parcel
in
Wast
.
21
H.
6.
48.
or
if
one
Joint-tenant
enters
,
for
a
Condition
broken
,
into
his
moity
:
in
all
these
cases
the
Rent
shall
be
apporcioned
.
But
if
the
Land
at
the
time
of
the
Lease
was
discharged
of
a
Rent
,
which
after
revived
,
so
that
the
value
of
the
Land
is
impaired
to
the
Lessee
,
there
the
Rent
shall
not
be
apporcioned
;
for
the
Land
out
of
which
the
Rent
issues
,
remains
intire
to
the
Lessee
.
But
if
one
hath
title
to
enter
upon
his
Tenant
for
life
into
twenty
Acres
in
two
several
Counties
,
and
he
enters
but
into
one
Acre
only
,
Quaere
if
the
Rent
shall
be
apporcioned
?
There
is
no
apporcionment
upon
the
Grant
of
a
Seignory
,
but
only
by
the
Feofment
of
the
Tenancy
.
If
I
disseise
one
to
the
use
of
A.
after
twenty
pounds
advanced
by
me
out
of
the
profits
,
or
to
the
use
of
my selfe
for
life
,
and
after
to
his
use
in
fee
;
he
shall
have
nothing
by
his
agreement
,
for
the
wrong
cannot
be
apporcioned
.
If
a
man
has
Common
Sans
Number
granted
to
him
in
tail
out
of
two
Acres
,
and
he
purchaseth
one
Acre
and
dies
,
which
descends
to
his
Issue
in
tail
,
there
can
be
no
apporcionment
;
for
either
it
is
gone
in
all
,
or
revived
in
the
residue
for
all
;
for
Common
Sans
Number
is
a
thing
intire
which
cannot
be
severed
.
But
if
it
were
Common
certain
it
were
otherwise
.
But
being
the
Common
was
intailed
,
the
Act
of
the
Tenant
in
tail
shall
not
prejudice
the
Issue
,
where
a
rent
is
suspended
in
part
there
can
be
no
apporcionment
during
the
suspention
,
but
afterwards
there
may
.
If
the
Tenant
holds
of
the
Lord
by
Fealty
,
and
twenty
shillings
of
the
Mannor
of
Dale
,
and
the
Lord
makes
a
Lease
of
the
Mannor
,
reserving
forty
shillings
with
Atturnment
,
and
after
releaseth
to
his
Tenant
all
his
Right
.
If
the
Rent
of
forty
shillings
shall
be
apportioned
?
First
it
seems
by
the
Release
the
Tenant
is
discharged
of
twenty
shillings
,
as
well
against
the
Lessee
as
against
the
Lessor
,
because
now
the
Tenant
holds
it
of
the
Lord
Paramount
,
and
so
not
of
the
Lessee
.
Also
the
Rent
of
forty
shillings
was
as
well
payable
for
the
services
as
for
the
Demesns
,
although
a
Distress
cannot
be
taken
in
the
Demesns
.
But
yet
being
the
twenty
shillings
is
lost
,
not
by
a
Title
Paramount
,
but
by
the
Lessor
,
if
now
it
shall
be
apportioned
or
not
?
21
H.
7.
6.
There
be
three
Daughters
,
two
by
one
venter
,
and
the
third
by
another
.
The
youngest
being
seised
of
three
Acres
of
equal
value
,
grants
a
Rent
of
three
shillings
to
the
Father
in
fee
,
and
makes
a
Feofment
to
the
second
Daughter
of
one
Acre
,
who
dies
without
Issue
,
so
that
it
descends
to
the
eldest
,
the
Father
dies
:
by
this
descent
the
Rent
shal
be
apporcioned
.
If
a
man
hath
a
Rent
of
twenty
shillings
out
of
twenty
Acres
of
equal
value
,
and
one
Acre
descends
to
his
Wife
,
the
whole
Rent
is
suspended
;
for
it
cannot
be
apporcioned
when
he
is
seised
of
part
of
the
Land
in
auter
droit
.
But
if
she
dies
,
and
he
is
tenant
by
the
Curtesie
,
it
shall
be
apporcioned
;
for
the
Land
continues
in
him
by
act
in
Law
,
which
is
equal
to
a
descent
:
and
if
the
Rent
be
in
tail
,
and
part
of
the
Land
descend
in
fee
;
or
if
the
Rent
be
in
fee
,
and
part
of
the
Land
descend
in
tail
,
there
shall
be
no
apporcionment
.
Arrerages
.
IF
a
Seignory
be
granted
for
years
,
upon
Condition
to
have
Fee
,
and
after
the
Fee
is
vested
by
the
performance
of
the
Condition
;
the
Arrerages
due
before
are
extinguished
,
for
the
term
is
extinct
.
Assent
.
IF
the
Patron
and
Ordinary
give
leave
to
the
Parson
to
grant
a
Rent
in
Fee
,
it
will
bind
the
Successor
,
7
H.
4.
18.
for
an
Assent
may
be
before
the
Act
is
done
.
If
the
Patron
assent
to
the
charge
of
the
Parson
upon
condition
,
it
is
good
:
but
if
he
had
the
Patronage
but
for
life
,
&c.
after
his
estate
ended
,
the
Assent
will
not
bind
the
second
Patron
.
If
a
Parson
be
Patron
of
a
Church
,
and
the
Parson
,
with
the
Assent
of
the
Ordinary
,
grants
a
Rent
Charge
,
or
makes
a
Lease
for
yeares
;
the
Assent
will
not
make
it
to
endure
,
no
more
than
the
Assent
of
a
Bishop
who
is
Patron
,
without
the
Assent
of
his
Chapter
.
Nor
the
Assent
of
Tenant
in
tail
,
or
for
life
,
who
is
Patron
cannot
make
it
endure
for
ever
.
If
the
Bishop
grants
in
Fee
to
the
King
by
Deed
,
confirm'd
by
the
Dean
and
Chapter
,
and
the
Deed
of
the
Bishop
is
inrolled
,
and
the
other
not
,
it
seemes
it
shall
bind
the
Successor
;
for
the
Assent
is
to
the
Deed
of
the
Bishop
,
not
as
a
Confirmation
.
As
the
Abbot
may
make
livery
where
it
is
the
Deed
of
him
and
his
Covent
,
so
in
this
case
the
Bishop
may
deliver
the
Deed
of
him
,
and
of
the
Dean
and
Chapter
.
Assets
.
LAnd
is
given
to
two
Women
Quam
diu
simul
vixerint
,
the
remainder
to
the
Heirs
of
her
that
first
dies
:
One
hath
Issue
,
and
dies
;
it
seems
this
remainder
shall
not
be
Assets
in
the
Heir
in
a
Formedon
,
or
Debt
;
for
the
remainder
was
never
in
the
Mother
;
for
it
commenced
after
her
death
.
But
if
a
Rent
Charge
be
granted
to
I.
to
commence
after
his
death
,
't
is
otherwise
,
for
the
Heir
takes
it
by
descent
.
If
Executors
have
a
Villains
in
right
of
their
Testator
,
and
enter
into
Land
purchased
by
him
,
it
shall
be
Assetts
although
they
have
a
Fee
,
as
Land
descended
to
the
Heir
shall
be
Assetts
to
a
Chattle
,
viz.
to
a
Debt
of
a
Stranger
.
The
Grantor
of
a
Rent
Charge
in
taile
einfeoffes
the
Grantee
of
the
Land
,
who
makes
a
gift
in
tail
of
the
Land
,
rendring
so
much
of
the
Services
as
he
pay●
over
to
the
Lord
Paramount
:
it
seems
that
these
Services
shall
be
Assetts
in
the
Heir
;
for
they
are
particularly
reserved
for
the
Land.
Assignee
.
IF
a
Feoffment
be
made
with
Warranty
to
the
Feoffee
,
his
Heirs
and
Assigns
,
if
he
makes
a
Feoffment
over
,
and
the
second
Feoffee
re-enfeoffes
the
first
Feoffee
,
he
shall
vouch
;
for
he
may
be
Assignee
of
his
Father
,
being
he
does
not
claim
as
Heir
.
And
the
Lord
by
Escheat
,
or
Mortmain
,
or
of
a
Villaine
,
or
who
enters
for
a
Consent
to
a
Ravisher
,
shall
not
be
said
Assignees
,
and
yet
they
shall
Rebutt
.
If
Tenant
in
tail
be
with
Warranty
to
him
,
his
Heirs
and
Assignes
,
his
Feoffee
in
Fee
shall
not
be
said
Assignee
;
for
he
hath
no
part
of
the
Estate
tail
.
If
Land
be
given
to
One
and
his
Assignes
for
ever
,
and
it
is
ganted
to
him
and
his
Assignes
,
that
they
shall
have
twenty
Load
of
Wood
yearly
for
ever
,
Tenant
for
life
grants
over
his
Estate
,
and
dies
;
the
Assignee
shall
not
have
the
Wood
,
because
his
Estate
is
now
determined
.
Attainder
.
A.
Dyes
,
leaving
two
Daughters
,
the
one
is
attainted
of
Fellony
,
a
Lease
is
made
the
remainder
to
the
right
Heirs
of
A.
the
other
shall
not
take
the
Daughter
(
that
was
attainted
)
being
living
,
for
one
is
not
Heir
alone
;
but
if
the
Father
dies
seised
of
Land
,
a
moity
shall
escheat
.
If
the
Mesne
grants
the
Mesnalty
upon
condition
,
that
if
the
Grantee
pays
a
certain
sum
of
Money
to
the
Grantor
,
that
he
shall
have
Fee
;
and
before
the
Day
the
Grantor
is
attainted
of
Felony
and
executed
;
yet
the
Grantee
shall
have
Fee
,
for
the
Condition
is
become
impossible
to
be
performed
by
the
act
of
the
Grantor
.
But
if
a
Jointenant
makes
a
Lease
for
five
yeares
,
upon
Condition
,
that
if
the
Lessee
does
such
an
Act
,
he
shall
have
it
for
twenty
years
;
and
before
the
day
the
Lessor
dies
:
now
the
Condition
is
void
by
the
Surviver
.
If
a
man
grants
a
Rent
Charge
to
begin
at
a
day
to
come
,
and
before
the
day
the
Grantor
is
attainted
of
Felony
,
yet
the
charge
is
good
.
If
a
Remainder
be
limited
to
the
right
Heirs
of
A.
who
hath
a
Daughter
,
and
dies
,
who
enters
,
and
after
a
Son
is
born
,
and
attainted
;
yet
the
Remainder
shall
not
be
devested
out
of
the
Daughter
.
The
Son
endowes
his
Wife
Ex
Assensu
Patris
,
the
Son
is
attainted
of
Felony
,
it
seems
that
the
Wife
should
not
retain
her
Dower
,
for
't
is
the
Dower
of
the
Son
,
for
she
claimes
it
from
the
Son
,
and
if
she
brings
a
writ
of
Dower
of
it
,
Ne
unques
accouple
in
loyall
Matrimony
is
a
good
Plea
,
and
if
there
had
been
a
disseisin
of
it
,
a
Collateral
Warranty
shall
be
no
bar
to
the
Wife
,
for
she
pretends
no
Title
to
it
but
by
the
death
of
her
Husband
,
and
then
the
Warranty
descends
before
her
Title
,
for
if
it
descends
after
her
Title
it
shall
be
a
good
bar
.
And
if
she
,
after
her
Dower
so
assigned
,
be
attainted
of
Felony
,
and
after
hath
her
Charter
of
pardon
for
her
life
,
and
after
the
Husband
dies
,
she
shall
retain
her
Dower
;
for
her
Interest
in
it
commenced
after
her
Pardon
.
And
yet
by
her
Attainder
she
forfeited
all
her
Inheritance
,
Free
hold
and
Chattles
Real
.
If
an
Attainted
person
be
enfeoffed
to
the
use
of
another
,
the
possession
cannot
vest
in
the
other
,
but
must
escheat
;
but
he
which
is
Attainted
may
be
an
Atturny
.
Grandfather
,
Father
,
and
Son
,
the
Father
is
Attainted
of
Treason
and
dies
,
and
after
the
Grandfather
dies
seised
of
Land
,
the
Lord
of
whom
the
Land
is
holden
shall
have
it
by
Escheat
,
and
not
the
King
:
For
the
Father
had
it
not
at
the
time
of
Attainder
;
And
being
that
the
Grandfather
dyed
without
Heir
the
Land
shall
Escheat
.
So
it
is
if
the
Father
be
Attainted
of
Treason
,
and
the
Grandfather
dies
leaving
the
Father
.
The
Issue
in
tail
is
Attainted
of
Felony
,
and
is
pardoned
,
and
his
Father
,
dies
,
and
a
Stranger
having
cause
of
Action
;
against
whom
he
shall
bring
his
Action
,
is
the
Question
?
Some
say
that
the
Donor
hath
the
Free-hold
in
Law
;
as
if
Tenant
in
tail
dies
leaving
his
Wife
Enseint
.
Others
say
there
is
none
against
whom
the
Action
may
be
brought
;
as
if
Tenant
for
Life
grants
over
his
Estate
to
B.
who
dies
,
now
before
Entry
there
is
none
against
whom
the
Action
may
be
brought
.
Tenant
in
tail
makes
a
Feoffment
within
Age
,
and
is
Attainted
of
Felony
,
his
Issue
shall
not
enter
,
for
he
is
disabled
in
blood
to
take
advantage
of
the
Infancy
,
because
the
Infant
had
no
Heir
.
A.
Covenants
upon
a
Marriage
to
stand
seised
to
the
Vse
of
another
,
and
before
the
Marriage
the
Covenantee
is
Attainted
of
Felony
,
yet
upon
the
Marriage
the
Vse
will
rise
;
as
a
Lease
for
life
with
a
Condition
of
Accruer
,
if
the
Lessor
be
Attainted
,
yet
the
Estate
shall
enlarge
.
Tenant
is
tail
is
disseised
,
and
releaseth
to
the
Disseisor
with
Warranty
,
and
then
is
Attainted
of
Felony
,
and
hath
a
Pardon
and
dies
:
this
is
a
Discontinuance
;
for
if
he
had
purchased
Land
after
his
Pardon
,
it
should
descend
to
his
Heir
;
then
the
Warranty
being
in
Esse
at
the
time
of
his
death
,
there
is
no
Impediment
but
that
it
should
descend
.
But
if
Tenant
in
tail
,
who
hath
a
Warranty
annexed
to
his
Estate
,
be
Attainted
of
Felony
and
Executed
,
his
Issue
shall
not
Inherit
the
Voucher
by
reason
of
the
Warranty
,
although
he
hath
the
Land
;
for
the
Warranty
is
our
of
the
Statute
de
Donis
,
&c.
which
speaks
of
Lands
and
Tenements
.
But
some
think
that
by
the
Equity
of
the
Statute
it
is
preserved
as
well
as
Charters
,
21
H.
6.
2.
p.
Markham
&
9
H.
6.
60.
Cott.
p.
Charters
.
Tenant
in
tail
makes
a
Lease
not
warranted
by
the
Statute
,
and
dies
:
the
Issue
accepts
the
Rent
,
and
is
Attainted
of
Treason
;
if
the
King
shall
avoid
it
,
Quaere
?
If
the
Grandfather
be
Tenant
in
tail
,
and
the
Father
is
Attainted
of
Treason
,
and
Executed
,
yet
the
Son
shall
Inherit
as
Heir
to
the
Grandfather
.
If
A.
commits
Felony
,
and
the
Lord
grants
his
Seignory
,
and
after
A.
makes
a
Feoffment
upon
Condition
,
and
is
Attainted
,
and
hath
a
Charter
of
Pardon
,
and
after
re-enters
for
breach
of
the
Condition
,
and
dies
.
If
an
Occupant
shall
have
the
Land
,
the
Issue
,
or
the
Lord
,
is
the
Question
?
Atturnment
.
TEnant
in
tail
holds
by
Rent
,
the
Donor
grants
the
services
,
the
Donee
atturns
;
nothing
passes
,
for
the
Rent
cannot
passe
,
but
as
a
Rent
Service
;
and
the
Atturnment
shall
not
prejudice
him
,
for
the
Law
will
not
have
Land
to
be
holden
of
two
several
persons
.
Tenant
for
life
grants
a
Rent
in
Fee
,
and
then
he
and
the
Reversioner
join
in
a
Feoffment
;
by
the
delivery
of
the
Deed
the
Tenant
did
Atturn
If
the
Lord
grants
his
Seignory
by
Fine
,
and
before
Atturnment
the
Tenant
makes
a
Feoffment
of
the
Tenancy
;
if
the
Feoffee
Atturnes
it
is
well
enough
,
and
yet
he
is
not
compellable
:
So
if
Tenant
in
tail
Atturns
't
is
good
,
and
yet
he
was
not
compellable
.
If
a
Lease
be
made
for
years
,
and
the
Lessor
makes
a
Lease
to
another
for
life
to
commence
after
the
Term
:
Atturnment
will
not
make
the
second
Lease
good
;
for
the
Freehold
cannot
passe
out
of
any
one
who
hath
a
greater
Estate
,
reserving
to
himself
a
Mesne
Estate
.
If
a
man
makes
a
Lease
of
a
Mannor
which
is
ten
pound
in
Demesnes
,
and
ten
pounds
in
Service
,
rendring
twenty
pound
Rent
,
if
the
Tenants
do
not
Atturn
he
shall
pay
but
ten
pounds
in
Rent
,
being
he
hath
no
remedy
to
compell
them
to
Atturn
.
Tenant
for
life
of
three
Acres
,
and
the
Reversion
of
them
is
granted
,
and
Tenant
for
life
surrenders
one
Acre
to
the
Grantee
that
countervails
an
Atturnment
for
that
Acre
only
;
for
it
is
but
an
Atturnment
in
Law
,
but
an
Atturnment
for
one
Acre
by
Parcell
is
good
for
all
;
So
if
he
had
Atturned
to
one
Grantee
it
had
been
good
to
both
.
If
one
brings
a
Quid
Juris
clamat
,
and
pending
his
Writ
he
enters
into
one
Acre
,
he
hath
not
abated
his
Writ
for
the
Remnant
.
If
a
Fem
sole
makes
a
Lease
for
life
,
and
then
grants
the
Reversion
to
two
,
one
dies
,
and
she
marries
the
other
.
Tenant
for
life
pays
a
penny
to
the
Bayliffe
,
of
the
Grantee
in
the
name
of
Atturnment
,
and
dies
,
the
Husband
enters
and
makes
a
Feoffment
and
dies
,
she
brings
her
Cui
in
Vita
.
If
a
Seignory
be
assigned
in
Dower
Ex
assensu
Patris
,
there
needs
no
Atturnment
.
A
Reversion
is
granted
by
Deed
to
a
man
and
a
Fem
sole
,
they
marry
,
the
Tenant
atturns
,
the
particular
Estate
life
determines
:
the
Husband
and
Wife
shall
take
it
by
moities
;
for
the
Atturnment
is
grounded
upon
the
Deed
,
and
reduces
the
Inheritance
according
to
the
course
of
Deed.
If
a
Reversion
be
granted
to
on
Infant
,
and
Atturnment
is
had
at
his
full
age
,
yet
when
he
is
in
possession
he
may
disagree
to
the
Estate
,
being
the
grant
was
during
his
Infancy
,
which
is
the
Principal
.
A
Reversion
is
granted
to
one
for
life
,
and
before
Atturnment
it
is
granted
to
him
in
Fee
;
the
Tenant
Atturns
,
the
Grantee
may
choose
which
Estate
he
will
take
.
But
if
a
Reversion
be
granted
to
one
,
and
after
to
another
,
and
the
Tenant
comes
to
both
,
and
says
I
atturn
unto
you
,
neither
of
them
shall
take
for
the
incertainty
.
If
a
Reversion
be
granted
to
one
and
his
Heirs
,
and
after
it
is
granted
to
him
and
his
Successors
,
and
the
Tenant
Atturnes
,
Quaere
in
what
capacity
he
shall
take
?
If
the
Reversion
of
black
Acre
or
white
Acre
be
granted
,
Quaere
if
Atturnment
will
make
it
good
?
some
think
it
is
void
for
the
incertainty
.
A.
makes
a
Lease
for
life
and
grants
a
Rent
out
of
the
Reversion
,
if
the
Grantee
Grants
it
over
,
the
Grantor
ought
to
Atturn
,
and
not
the
Tenant
for
life
;
for
it
hath
no
Relation
to
him
:
for
a
Release
made
to
him
by
the
Grantee
will
not
extinguish
the
Rent
.
The
Reversion
of
Tenant
for
life
with
the
Rent
is
granted
;
Tenant
for
life
grants
his
Estate
to
another
,
to
hold
of
the
Grantee
:
this
is
an
Atturnment
;
for
when
he
granted
it
to
hold
it
of
him
,
the
Tenant
for
life
took
notice
of
the
Grant.
If
an
Atturnment
be
upon
Condition
,
which
is
broken
,
yet
the
Reversion
is
not
devested
,
for
he
doth
not
claim
the
Reversion
from
him
that
atturned
,
and
an
Atturnment
cannot
be
upon
Condition
.
If
the
Reversion
be
granted
to
Tenant
for
life
and
another
,
or
a
Signory
be
granted
to
the
Tenant
and
another
,
this
Acceptance
shall
be
a
sufficient
Atturnment
.
But
if
there
be
two
Tenants
for
years
,
and
the
Reversion
is
granted
to
one
of
them
,
Quaere
if
he
takes
but
a
moity
without
Atturnment
of
his
Companion
,
for
the
Jointure
is
severed
by
the
Grant.
If
a
Fem
Tenant
for
life
takes
Husband
,
who
atturns
to
the
Grantee
of
the
Reversion
,
and
after
is
devorced
,
yet
the
Atturnment
shall
bind
the
wife
,
and
if
a
Feoffee
upon
condition
atturns
to
the
grant
of
a
Seignory
,
and
the
Feoffor
enters
for
the
condition
broken
,
yet
the
Atturnment
stands
good
.
If
a
Mulier
Atturn
to
the
grant
of
a
Signory
,
though
the
Bastard
dies
seised
,
so
that
the
Mulier
can
never
be
Heir
,
yet
the
Atturnment
remaines
good
.
If
the
Reversion
of
Tenant
in
tail
,
or
for
life
,
the
remainder
for
life
is
granted
,
and
the
Issue
in
tail
,
or
he
in
Remainder
Atturn
,
(
having
nothing
but
the
possession
in
Law
)
it
is
void
.
But
he
that
hath
but
a
possession
in
Law
may
Atturn
to
the
grant
of
a
Seignory
,
for
none
can
Atturne
but
he
that
was
Tenant
at
the
time
of
the
Grant.
The
Lord
grants
the
Seignory
,
the
Tenant
is
disseised
,
and
after
Atturns
,
that
is
good
;
But
if
the
Lord
grants
the
Rent
saving
the
Seignory
,
and
she
is
after
disseised
and
Atturns
,
that
is
void
;
for
it
is
now
a
Rent
Seck
,
in
which
there
is
no
Attendency
,
but
a
Charge
of
the
Land.
If
a
man
grants
a
Rent
reserved
upon
a
Lease
for
Life
,
saving
the
Reversion
,
that
is
a
good
Rent
Seck
,
if
the
Tenant
Atturns
.
Grandfather
,
Father
and
Son
Jointenants
,
the
Grandfather
grants
a
Rent
Charge
in
Fee
to
the
Father
,
upon
condition
,
who
grants
it
to
his
Son
and
his
Wife
;
the
Grandfather
releases
to
the
Father
and
Son
,
the
Son
dies
,
the
Condition
is
broke
,
the
Grandfather
claims
the
Rent
;
the
wife
shal
hold
it
discharg'd
of
the
Condition
,
if
the
possession
of
her
Husband
shall
be
an
Atturnment
in
Law
;
but
it
seems
it
is
not
,
for
his
Atturnment
alone
without
the
Atturnment
of
the
Father
(
who
was
a
jointenant
)
is
not
sufficient
,
for
both
ought
to
Atturn
.
But
if
the
Grandfather
should
have
the
Rent
by
the
Condition
,
then
he
shall
be
in
of
his
own
Grant
,
and
be
both
Grantor
,
and
Grantee
.
But
if
the
Father
had
died
in
the
Life
of
the
Son
,
then
that
had
been
a
good
Atturnment
in
Law.
Avoid
.
TEnant
in
tail
makes
a
Lease
for
forty
years
,
and
dies
;
the
Issue
in
tail
marries
and
dies
,
if
she
shall
avoid
the
Lease
by
her
Recovery
in
Dower
Quaere
?
If
Tenant
in
tail
makes
a
Lease
for
years
to
commence
at
Easter
,
rendring
a
Rent
,
and
dies
;
the
Issue
in
tail
enters
and
makes
a
Feoffment
before
Easter
,
the
Feoffee
shall
not
Avoid
the
Lease
,
for
the
Lease
was
not
avoided
by
the
Entry
of
the
Issue
.
So
if
Baron
&
Fem
make
a
Lease
to
begin
,
&c.
and
before
the
time
the
Baron
dies
,
and
the
Fem
makes
a
Feoffment
,
the
Feoffee
shall
not
avoid
it
.
So
if
an
Infant
makes
a
Lease
ut
supra
,
and
before
the
time
(
he
being
within
age
,
or
at
full
age
)
makes
a
Feoffment
,
the
Feoffee
shall
never
avoid
the
Lease
,
&c.
But
many
are
of
a
contrary
opinion
;
for
they
say
that
an
Infant
,
or
Issue
in
tail
,
by
their
own
,
or
the
Acts
of
their
Ancestors
,
shall
never
be
prejudiced
by
any
thing
that
is
Executory
;
for
if
he
shall
not
avoid
it
by
his
possession
before
the
commencement
of
the
Term
,
he
hath
no
means
to
Avoid
it
,
&c.
before
,
&c.
But
it
is
cleer
enough
,
that
if
Tenant
in
tail
dies
after
he
hath
discontinued
,
and
the
Discontinue
makes
a
Lease
for
yeares
to
begin
ut
supra
,
and
dies
;
the
Heir
in
tail
,
being
his
Heir
who
enters
,
and
he
enters
and
makes
a
Feoffment
,
there
the
Lease
is
avoided
,
because
the
Issue
is
remitted
,
and
hath
another
Estate
than
the
Discontinuee
had
,
and
not
any
privity
of
that
Estate
which
is
avoided
.
If
an
Infant
delivers
a
Writing
,
as
an
Esorowle
,
to
be
delivered
as
his
Deed
when
he
arrives
at
his
full
age
,
and
receives
the
Money
of
the
Party
to
whose
use
the
Deed
was
to
be
delivered
,
yet
he
shall
avoid
the
Deed.
If
Husband
and
Wife
make
a
Lease
,
or
grant
a
Rent
Charge
in
Fee
out
of
the
Wives
Land
,
and
then
they
joyn
in
a
Fine
to
A.
he
shall
not
avoid
the
Lease
or
Charge
,
because
they
are
executed
,
but
otherwise
of
things
executory
as
a
Statute
,
&c.
before
Execution
.
Avowry
.
LAnd
is
given
to
one
Habendum
,
a
Moity
to
him
and
his
Heirs
,
and
the
other
Moity
to
him
and
the
Heirs
of
his
body
,
the
Remainder
to
his
Right
Heirs
;
the
Land
is
holden
by
two
pence
,
the
Donee
dies
without
Issue
,
and
his
brother
enters
,
severall
Avowries
must
be
made
upon
him
,
one
for
one
penny
,
and
another
for
the
other
.
But
if
Land
be
given
the
one
Moity
in
tail
,
the
other
in
Fee
,
there
shall
be
but
one
Avowry
,
for
that
inures
as
a
joint
Gift
,
but
in
the
first
case
it
did
inure
severally
at
the
Beginning
.
If
there
be
three
Jointenants
,
and
one
Releases
to
one
of
his
Companions
,
and
he
to
whom
the
Release
was
made
hath
the
part
of
the
other
by
Survivor
,
yet
for
a
third
part
one
Avowry
shall
be
made
upon
him
;
In
the
principal
case
the
Fee
simple
was
never
severed
,
if
it
had
,
the
Donee
should
hold
each
Moity
by
two
pence
a
peice
,
and
the
Avowry
shall
be
made
upon
the
collateral
Heir
for
two
pence
in
one
Moity
.
A.
makes
a
Gift
in
tail
of
one
Acre
which
he
holds
in
Socage
,
and
of
another
which
he
holds
in
Chivalry
,
saying
nothing
,
the
Donor
shall
make
severall
Avowries
,
although
he
hath
but
one
Reversion
;
for
the
Law
makes
the
Avowry
in
respect
of
the
tenure
over
,
and
the
severall
Acres
must
severally
escheat
.
If
a
Disseisor
makes
a
Lease
for
life
and
dies
,
it
seems
the
Lord
is
compellable
to
Avow
upon
the
Heir
of
the
Disseisor
.
But
if
he
had
made
a
Gift
in
tail
,
and
the
Donee
dies
and
his
Issue
enters
,
there
he
shall
not
Avow
upon
the
Donor
.
If
one
Parcener
makes
a
Lease
for
life
,
yet
the
Lord
shall
Avow
upon
them
both
,
but
if
one
Jointenant
makes
a
Lease
for
life
,
the
Lord
must
make
severall
Avowries
upon
them
,
for
the
Jointure
is
severed
.
If
there
be
two
Fem
Parceners
Mesnes
,
and
one
marries
the
Tenant
,
yet
the
Avowry
of
the
Lord
is
not
severed
.
But
if
there
had
been
two
Jointenants
,
it
had
been
otherwise
,
for
by
the
Marriage
the
Moity
of
the
Mesnalty
is
suspended
,
and
cannot
be
in
Jointure
with
the
other
Moity
which
is
not
in
Esse
.
And
if
one
holds
a
Mannor
of
another
,
and
makes
a
Feoffment
of
all
,
except
one
Acre
,
now
the
Fee
of
the
Acre
is
disappendant
from
the
Mannor
,
and
the
Lord
ought
to
make
two
severall
Avowries
.
Authority
.
IF
I
devisethat
my
Executors
shall
sel
my
Land
,
and
one
sells
one
Moity
,
and
another
the
other
;
this
is
not
warranted
by
the
Authority
,
for
it
was
to
be
jointly
executed
;
As
a
Letter
of
Atturny
to
two
to
make
Livery
,
it
ought
to
be
performed
jointly
.
But
if
the
Land
had
been
devised
to
them
,
then
such
a
Sale
had
been
good
,
for
they
had
an
Interest
,
and
the
intent
was
performed
.
If
one
makes
two
Atturnies
conjunctim
,
or
the
King
makes
two
Commissioners
of
Oyer
&
Terminer
,
if
one
dies
,
the
Authority
of
the
other
is
determined
,
35
Ass
.
p.
1.
Two
Jointenants
make
a
Feoffment
with
a
Letter
of
Atturny
to
deliver
Seisin
,
and
the
one
delivers
Seisin
in
person
,
this
is
a
Countermand
of
the
whole
Livery
,
for
the
Authority
was
not
severall
for
either
of
them
,
but
joint
for
both
,
and
therefore
being
countermanded
for
one
it
shall
be
void
against
the
other
.
Barr.
IF
the
Plaintiffe
be
Barr'd
in
an
Entry
sur
Disseisin
,
yet
he
shall
have
a
Cessavit
,
if
he
had
cause
to
have
it
at
that
time
,
for
it
is
another
Title
.
If
the
Heir
brings
a
Formedon
in
Descender
and
is
nonsuite
,
Quaere
if
he
shall
enter
,
because
he
had
Title
of
Entry
for
a
Condition
broke
.
If
a
Woman
hath
cause
of
Dower
of
one
and
the
same
Acre
,
as
Wife
to
A.
and
B.
If
she
be
barred
of
it
,
as
Wife
to
A.
yet
she
shall
have
it
as
Wife
to
B.
If
Baron
&
Fem
make
a
Feoffment
upon
Condition
,
if
the
Wife
be
barr'd
in
her
Cui
in
vita
,
yet
she
may
enter
for
the
Condition
broken
.
27
E.
3.55
,
56.
P.
72
.
Bargaine
&
Saile
.
A
Bargains
and
Sells
Land
to
B.
and
after
they
both
grant
a
Rent
Charge
to
C.
and
then
the
Deed
is
inrolled
,
the
Rent
is
gone
;
for
it
is
the
grant
of
A.
and
the
Inrolment
hath
relation
to
the
Delivery
,
which
avoids
the
grant
,
though
it
was
the
Confirmation
of
B.
for
he
had
nothing
at
that
time
.
The
Issue
in
tail
within
age
takes
from
the
Discontinuee
a
Bargaine
and
Sale.
He
shall
not
be
remitted
;
for
he
is
in
,
by
reason
of
the
Possession
conveyed
to
the
Vse
,
and
so
he
must
have
it
in
the
same
Degree
as
he
had
the
Vse
.
And
so
if
he
were
within
age
at
the
time
of
the
Bargain
&
Sale
,
and
the
other
dies
,
and
after
the
Deed
is
Inrolled
,
he
shall
not
be
Remitted
.
If
the
Bishop
makes
a
grant
to
the
K.
in
fee
,
confirm'd
by
the
Dean
and
Chapter
,
and
the
Deed
of
the
Bishop
is
Inrolled
,
and
the
other
not
,
it
shall
bind
the
Successor
;
for
it
is
but
as
an
Assent
,
and
not
a
Confirmation
.
Baron
&
Fem.
IF
a
Fem
Lessee
for
life
marries
,
and
she
and
her
Husband
make
a
Lease
for
life
,
rendring
a
Rent
,
and
the
Fem
avowes
,
for
the
Rent
after
the
death
of
her
Husband
,
the
Lessor
may
enter
;
for
by
her
Avowry
she
hath
agreed
by
matter
of
Record
,
and
so
it
had
been
if
she
had
entred
for
a
Condition
made
by
her
and
her
Husband
.
If
A.
infeoffes
his
Wife
and
a
Stranger
,
it
is
void
as
to
the
Wife
,
and
good
to
the
Stranger
,
though
the
Livery
were
made
to
the
Stranger
in
the
name
of
both
.
Three
Jointenants
,
and
one
gives
his
part
with
his
Daughter
to
his
Companion
in
Franckmarriage
,
and
by
the
same
Deed
releases
to
them
in
Frankmarriage
,
and
makes
Livery
,
this
is
a
good
gift
in
Franckmarriage
by
some
,
for
notwithstanding
one
Jointenant
cannot
enfeoffe
his
Companion
,
yet
he
may
enfeoffe
his
Companion
and
another
,
and
the
Livery
made
to
the
other
shall
vest
the
Land
in
both
,
and
that
is
for
the
advantage
of
a
third
person
.
As
in
Gascoignes
case
,
7
H.
6.3
.
It
was
not
a
surrender
for
the
advantage
of
the
third
;
Neither
in
21
H.
7.
41.
for
the
advantage
of
the
Husband
;
So
it
shall
not
be
void
here
for
the
advantage
of
the
third
person
.
But
others
are
of
a
contrary
opinion
,
and
they
say
the
Husband
cannot
take
it
immediately
from
his
Companion
,
and
therefore
it
is
void
as
to
him
,
and
good
as
to
the
Wife
,
&
the
other
part
of
the
Deed
,
viz.
the
Release
,
will
inure
to
the
Husband
.
And
here
both
the
things
make
the
Frankmarriage
good
,
for
the
Livery
and
the
Deed
may
be
delivered
both
at
one
time
.
If
the
Husband
be
Tenant
for
life
,
and
the
Reversion
be
granted
to
him
and
his
Wife
,
the
Fee
remaines
in
them
in
Jointure
;
for
there
be
no
Moities
between
them
.
Land
is
let
to
Baron
&
Fem
Habendum
,
the
one
Moity
to
the
Husband
,
the
other
to
the
Wife
,
the
Land
is
confirmed
to
them
in
speciall
tail
,
rendring
a
Hawk
,
the
Lessor
shall
have
two
;
for
the
Baron
shall
have
one
Moity
of
the
Inheritance
;
for
his
possession
was
severed
from
the
possession
of
the
Wife
,
viz.
in
the
one
Moity
;
So
that
of
that
Moity
the
Husband
is
seised
in
speciall
tail
,
and
the
Wife
hath
nothing
.
Of
the
other
,
whereof
the
Wife
was
Tenant
in
Common
with
the
Husband
,
the
Baron
was
thereof
seised
,
in
Right
of
his
Wife
,
then
he
had
a
sufficient
Estate
,
whereupon
a
Confirmation
might
inure
jointly
to
them
.
If
Land
be
given
to
the
Baron
for
life
,
the
remainder
to
the
Wife
for
life
;
and
their
Estates
are
confirmed
in
tail
.
The
Baron
shall
have
one
Moity
in
tail
only
,
he
and
his
Wife
the
other
Moity
,
and
yet
the
Tail
is
not
executed
for
any
part
.
Quaere
,
for
this
is
a
good
case
.
If
Husband
and
Wife
make
a
Lease
of
the
Wives
Land
,
rendring
a
Rent
,
the
Husband
distreins
,
and
Avowes
,
and
dies
,
the
Cattle
are
discharged
;
for
they
do
not
belong
to
the
Executor
,
being
they
are
but
a
Pledge
,
and
the
Wife
is
to
have
the
Duty
,
and
therefore
the
Executor
cannot
detain
the
Pledge
,
and
it
is
not
like
the
case
where
the
Husband
recovers
upon
an
Obligation
made
to
him
and
his
Wife
,
33
H.
6.
48.
Although
the
Husband
can
give
nothing
to
his
Wife
immediately
,
yet
if
a
Disseisoress
makes
a
Lease
for
life
,
the
Remainder
to
her self
in
tail
,
the
Remainder
to
A.
in
Fee
,
and
after
marries
the
Disseisee
,
who
Releases
to
the
Tenant
for
life
,
this
shall
inure
to
the
Wife
.
A
Reversion
is
granted
to
Baron
&
Fem
and
to
a
single
man
and
woman
in
Fee
,
the
single
persons
marry
,
and
the
Tenant
atturns
,
then
the
single
Man
and
Woman
are
divorced
,
the
Baron
&
Fem
shall
have
but
a
third
part
.
If
a
man
makes
a
Feoffment
to
A.
and
a
Fem
sole
,
With
a
Letter
of
Atturny
to
deliver
Seisin
,
and
before
Livery
they
entermarry
,
they
shall
take
by
moities
.
Land
is
given
to
A.
and
B.
his
Wife
,
and
to
another
Baron
&
Fem
in
Fee
,
they
are
disseised
,
and
A.
releases
to
the
Disseisor
,
and
then
A.
and
B.
are
divorced
for
cause
which
hath
Relation
.
B.
and
the
Baron
&
Fem
bring
an
Assise
,
leaving
out
A.
and
some
think
it
is
maintainable
;
for
when
A.
and
B.
are
divorced
,
yet
the
other
Baron
&
Fem
shall
hold
the
Moity
to
them
;
for
being
the
purchase
took
effect
,
and
vested
by
the
Livery
,
and
at
that
time
the
Baron
&
Fem
not
being
divorced
,
took
a
Moity
,
that
remaines
still
;
for
to
all
Strangers
A.
and
B.
shall
be
said
to
continue
Husband
and
Wife
;
for
if
a
Stranger
had
bought
the
Goods
of
the
Wife
,
and
then
they
had
been
divorced
,
yet
he
shall
retain
the
Goods
,
as
it
is
held
in
26
H.
8.
And
if
the
Husband
had
made
a
Feoffment
,
the
Wife
could
not
have
an
Assise
against
the
Feoffee
,
but
must
bring
her
Cui
ante
Divortium
.
A
Reversion
is
granted
to
a
man
and
a
Fem
sole
,
and
they
marry
,
and
the
Tenant
atturns
,
they
take
by
Moities
,
for
the
Atturnment
does
operate
upon
the
Deed
;
so
if
they
marry
before
Livery
is
made
.
If
Baron
&
Fem
make
a
Lease
for
life
,
and
pray
to
be
received
,
and
the
Husband
makes
Default
,
and
upon
his
Default
the
Wife
is
received
,
now
she
admits
the
Discontinuance
,
yet
if
she
be
barred
she
shall
have
her
Cui
in
vita
,
for
she
had
not
Title
then
to
have
a
Cui
in
vita
;
for
that
accrues
by
the
death
of
her
Husband
.
If
a
Feoffment
with
Warranty
be
made
to
a
man
and
a
Fem
sole
,
and
they
marry
,
and
are
impleaded
,
and
Recover
in
Value
,
the
Husband
dies
,
they
did
not
take
by
Moities
.
If
Land
be
Bargained
and
Sold
to
a
man
and
a
Fem
sole
,
and
they
marry
,
and
the
Deed
is
inrolled
,
there
they
take
by
Moities
,
for
it
hath
Relation
.
But
if
Baron
&
Fem
,
Tenants
for
life
,
before
the
Coverture
,
recover
in
value
,
by
reason
of
the
Reversion
with
the
Rent
,
they
shall
take
the
value
by
Moities
.
But
if
a
Lease
be
made
to
a
Man
and
a
Woman
for
life
,
upon
Condition
to
have
Fee
,
they
marry
,
and
after
performe
the
Condition
,
they
shall
not
have
Moities
in
the
Fee
,
If
a
man
be
seised
of
Land
in
right
of
his
Wife
,
and
Warranty
is
made
to
them
,
and
the
Heirs
of
the
Husband
,
and
they
recover
in
value
,
there
shall
be
no
Moities
;
for
the
Recovery
in
value
must
be
according
to
the
nature
of
the
Estate
.
If
a
Fem
,
being
Tenant
for
life
marries
,
and
the
Husband
atturns
to
the
grant
of
the
Reversion
,
and
then
he
is
Divorced
,
yet
it
will
binde
the
Wife
.
If
a
Woman
hath
a
Lease
for
twenty
years
,
and
the
Lessor
confirmes
to
the
Husband
for
forty
yeares
,
who
dies
,
she
shall
have
the
Residue
of
the
twenty
years
.
The
Husband
hath
a
Term
in
right
of
his
Wife
,
and
grants
so
many
years
as
shall
be
behind
at
the
death
of
him
and
his
Wife
,
Quaere
if
this
be
a
good
Grant
?
The
Husband
is
bound
in
a
Statute
,
and
after
he
and
his
Wife
levy
a
Fine
of
the
Land
of
the
Wife
to
A.
the
Husband
dies
,
the
Land
shall
not
be
extended
in
the
hands
of
A.
for
nothing
passed
from
the
Husband
,
but
the
Estate
which
he
had
during
the
Coverture
,
and
A.
shall
have
the
same
Benefit
the
Heir
of
the
Wife
should
have
had
.
But
if
the
Husband
had
made
a
Lease
for
yeares
,
or
granted
a
Rent
Charge
,
before
the
fine
levied
,
there
the
Conisee
should
never
have
avoided
it
,
because
they
had
been
executed
at
the
time
of
the
levying
the
Fine
.
If
Husband
and
Wife
accept
of
a
Fine
sur
conusans
de
dvoit
come
ceo
,
&c.
from
B.
of
the
Wives
Land
,
and
they
render
it
to
him
in
tail
,
yet
the
Reversion
is
in
the
Wife
onely
,
and
the
Husband
hath
nothing
but
by
reason
of
the
Coverture
,
40
Ass
.
p.
4.
A
Fem
covert
is
infeoffed
,
the
Husband
being
beyond
Sea
,
who
,
upon
his
return
,
disagrees
;
yet
the
Freehold
shall
not
be
devested
without
an
Entry
;
and
if
the
Husband
dies
before
his
Entry
,
the
Wife
is
Remitted
,
and
the
Title
of
Entry
which
the
Feoffor
had
is
taken
away
.
If
a
Fem
tenant
for
life
marries
,
the
Husband
makes
a
Feoffment
,
the
Lessor
enters
,
the
Husband
dies
,
she
cannot
avoid
the
Forfeiture
.
If
a
Fem
covert
be
infeoffed
,
and
disseised
by
a
Stranger
,
the
Husband
disagrees
to
the
first
Estate
,
and
dies
,
the
Wife
may
enter
,
and
retain
against
the
first
Feoffor
,
for
the
Disagreement
was
frivolous
,
the
Wife
having
only
a
Right
Quod
not
a.
If
a
Fem
Jointenant
for
years
marries
,
the
survivor
shall
have
all
the
Term.
So
if
an
Obligation
be
made
to
a
Fem
sole
and
another
,
and
she
takes
Husband
and
dies
,
the
survivor
shall
have
all
;
for
't
is
a
Chose
in
action
.
If
a
Fem
hath
a
Term
,
and
marries
,
and
dies
,
the
Ordinary
may
commit
Administration
of
it
to
a
Stranger
.
But
the
Law
seems
to
contradict
this
;
for
the
marriage
is
a
Gift
in
Law
,
the
Wife
dying
first
.
If
a
Fem
hath
a
Lease
for
years
,
and
marries
the
Villaine
of
the
Lessor
,
he
may
enter
into
the
Land
as
a
Perquisite
.
The
Husband
is
Tenant
for
life
,
the
Remainder
to
the
Wife
for
life
,
the
Remainder
to
the
Husband
in
tail
,
how
the
Husband
might
discontinue
the
Estate
in
tail
,
without
barring
of
it
,
was
the
Question
?
The
intention
was
this
,
that
the
Husband
and
Wife
should
make
a
Lease
to
A.
for
the
life
of
the
Husband
and
Wife
,
and
the
Survivor
of
them
,
and
that
A.
should
grant
his
Estate
to
the
Husband
,
and
then
he
should
make
a
Feoffment
,
and
that
would
prove
a
Discontinuance
.
Land
is
given
to
A.
and
a
Fem
sole
,
and
to
the
Heirs
of
the
Body
of
the
Woman
begotten
by
A.
They
marry
,
and
have
Issue
,
the
Husband
aliens
a
Moity
,
and
dies
,
the
Issue
dies
without
Issue
.
If
the
Woman
may
enter
into
the
Moity
for
the
forfeiture
?
being
she
could
not
enter
at
the
time
of
the
Alienation
.
And
also
she
is
Tenant
in
tail
after
possibility
,
&c.
in
which
case
she
hath
but
a
Freehold
in
Remainder
,
as
she
had
before
;
But
otherwise
,
if
it
had
been
an
Estate
in
tail
,
in
remainder
after
the
Estate
vide
45
Ass
.
6.
The
Husband
makes
his
Will
and
devises
out
of
his
Mannor
of
Dale
a
certain
Rent
to
his
Wife
,
for
her
life
,
in
consideration
,
that
she
should
not
have
her
Dower
,
and
dies
.
The
Wife
recovers
by
Default
in
Dower
the
third
part
of
the
Land
,
she
shall
have
the
whole
Rent
out
of
the
two
parts
;
for
the
Recovery
is
upon
a
good
Title
.
And
a
Devise
cannot
be
averr'd
to
be
a
Jointure
within
the
Statute
;
for
at
that
time
,
neither
Land
,
nor
Rent
were
Devisable
,
and
therefore
she
was
discovert
when
the
Devise
took
effect
:
and
so
both
out
of
the
words
of
the
Act
,
and
also
out
of
the
Equity
;
and
then
from
that
time
the
Title
of
the
Land
relates
Paramount
,
the
Title
to
the
whole
Rent
shall
remain
.
Vide
Leases
,
Atturnment
Remitter
.
Bastard
.
IF
the
Bastard
enters
into
the
Mannor
,
and
recovers
in
a
Cessavit
,
being
the
Mulier
dis-approves
the
Estate
of
the
Bastard
,
he
shall
not
take
benefit
of
the
Recovery
.
If
the
Bastard
dies
seis'd
,
the
Mulier
within
age
,
some
think
the
Right
is
gone
,
no
more
than
if
the
Mulier
had
been
born
after
the
Descent
.
So
if
the
Bastard
enters
,
and
the
Mulier
dies
,
his
Wife
enseint
,
and
before
the
birth
the
Bastard
dies
,
and
his
Issue
enters
,
the
Mulier
is
not
bound
by
that
,
and
others
think
the
contrary
.
If
a
Bastard
dies
,
seised
of
Land
,
his
Wife
enseint
,
and
before
the
birth
the
Mulier
enters
,
the
Issue
of
the
Bastard
;
when
he
is
born
shall
be
bound
;
for
by
a
dying
seised
onely
without
a
discent
to
the
Issue
,
his
right
of
Entry
was
not
taken
away
:
For
if
a
Disseisor
dies
without
Heir
,
the
Disseisee
may
enter
upon
the
Lord
by
Escheat
,
because
there
was
no
Heir
to
make
it
a
Descent
:
So
in
this
case
.
If
a
Bastard
Puisne
enters
into
Land
in
Borough
English
,
and
dies
seised
,
and
his
Issue
enters
,
the
Mulier
is
bound
.
But
such
a
Bastard
Puisne
,
is
intended
,
where
the
first
Wife
,
by
whom
he
had
the
Mulier
,
dies
,
and
then
he
hath
a
Bastard
,
and
marries
the
same
Woman
;
For
if
a
man
marries
the
woman
by
whom
he
hath
a
Bastard
,
and
she
dies
,
and
after
he
hath
a
Mulier
by
another
Wife
,
though
they
be
not
by
the
same
Mother
,
yet
such
a
Bastard
gaines
the
Inheritance
to
his
Issue
,
if
he
dies
without
Interruption
:
By
the
same
reason
the
Bastard
Puisne
.
If
the
Mulier
ou
ts
the
Bastard
,
who
recovers
against
him
in
an
Assise
,
where
the
Mulier
pleads
Ne
unques
seise
,
&c.
and
after
dies
,
that
descent
shall
take
away
the
Right
of
the
Mulier
;
for
the
possession
which
he
had
is
defeated
by
the
Recovery
:
For
he
shall
have
an
Assise
of
Mortdancester
,
or
Scire
fa●ias
,
where
such
a
Possession
is
removed
.
But
otherwise
it
had
been
if
he
had
entered
.
If
a
Bastard
dies
,
living
the
Father
,
and
leaves
Issue
,
his
Issue
shall
be
in
the
same
case
against
the
Mulier
,
as
the
Father
should
have
been
,
if
he
dies
seised
without
Interruption
.
If
the
Heir
of
the
Bastard
be
in
by
descent
,
he
shall
gain
the
Land
from
the
collaterall
Heir
,
or
against
the
Lord
by
Escheat
,
as
well
as
against
the
Mulier
Puisne
.
If
the
Issue
of
the
Bastard
be
the
first
that
enters
,
and
dies
seised
,
his
Issue
shall
retain
against
the
Mulier
.
If
the
Bastard
dies
,
and
his
Issue
endowes
the
Wife
of
the
Bastard
,
Quaere
,
if
the
Right
of
the
Mulier
be
bound
?
But
if
the
Wife
of
a
common
Ancestor
be
endow'd
,
the
dissent
of
the
Reversion
shall
be
to
the
Mulier
.
Quaere
.
If
a
Remainder
be
directed
to
the
Right
Heirs
of
A.
and
he
dies
,
and
the
Remainder
vests
,
and
after
the
right
Heir
is
proved
a
Bastard
,
or
is
made
so
by
Act
of
Parliament
,
yet
he
shall
hold
the
Land
for
ever
,
because
he
takes
by
purchase
.
If
there
be
Bastard
eigne
&
mulier
puisne
,
the
Father
makes
a
Lease
for
yeares
,
and
dies
,
the
yeares
expire
,
the
Bastard
enters
,
and
dies
seised
,
his
Issue
enters
,
the
Right
of
the
Mulier
is
not
bound
;
for
the
possession
of
the
Lessee
for
years
,
was
the
possession
of
the
Mulier
;
and
being
that
he
was
once
seised
,
so
that
he
may
have
an
Assise
,
or
Mortdancester
,
his
Right
shall
not
be
taken
away
.
If
there
be
Bastard
Eigne
&
Mulier
Puisne
,
and
the
Father
dies
seised
of
a
Mannor
,
the
Bastard
enters
,
and
gets
the
Services
of
all
the
Tenants
,
and
after
one
of
the
Tenants
makes
a
Lease
for
life
to
the
Bastard
,
who
dies
seised
,
and
the
Issue
enters
into
the
Mannor
;
the
Mulier
may
distrain
the
Tenant
who
made
the
Lease
for
life
,
for
all
the
Services
due
after
the
death
of
the
Father
,
for
his
Entry
was
not
taken
away
,
as
to
the
Services
of
that
tenancy
,
the
Seignory
of
that
tenancy
being
suspended
in
the
estate
for
life
,
and
so
no
Descent
;
but
if
there
had
been
a
Lease
for
yeares
it
had
been
otherwise
.
Grandfather
,
Father
,
and
Son
,
the
Father
a
Bastard
,
the
Grandfather
seised
in
tail
.
Quaere
if
the
Son
shall
Inherit
?
If
there
be
Bastard
Eigne
&
Mulier
Puisne
,
and
the
Father
is
disseised
and
dies
,
the
Bastard
enters
upon
the
Disseisor
,
and
dies
seised
:
being
there
was
no
possession
in
Law
descended
from
the
Father
,
but
onely
a
naked
right
which
vests
in
the
Mulier
,
therefore
the
Descent
of
the
Bastard
shall
not
take
away
the
right
of
the
Mulier
.
But
if
the
Father
had
died
seised
,
and
a
Stranger
had
abated
,
upon
whom
the
Bastard
had
entred
,
and
died
seised
,
there
the
Mulier
shall
be
barr'd
,
because
the
possession
in
Law
descends
:
Tamen
Quaere
,
for
the
entry
of
the
Abater
vests
a
right
of
Action
in
the
Mulier
,
which
cannot
be
devested
by
the
Entry
of
the
Bastard
.
If
there
be
a
Son
Bastard
Eigne
,
and
Daughter
mulier
Puisne
,
the
Father
dies
seised
of
a
Rent
,
the
Daughter
having
a
Husband
the
Bastard
gets
the
Rent
,
and
thereof
dies
seised
,
and
that
descends
unto
his
Issue
,
yet
the
Husband
shall
be
Tenant
by
the
Curtesy
,
and
the
Mulier
shall
not
be
bound
by
it
,
for
the
Rent
was
vested
in
the
Daughter
at
the
time
of
the
Descent
,
and
being
the
Daughter
may
choose
whether
she
wil
admit
her self
out
of
possession
,
or
no
;
therefore
it
is
at
her
Election
whether
she
will
suffer
any
wrong
to
be
done
to
her self
,
or
no.
If
a
man
dies
seised
,
having
a
Son
a
Bastard
eigne
,
and
a
Daughter
a
mulier
Puisne
being
married
at
that
time
,
the
Bastard
enters
and
diesseised
,
his
Issue
enters
,
and
the
Husband
dies
,
perhaps
the
Wife
shall
not
be
bound
no
more
than
an
Infant
in
that
case
.
But
if
the
Bastard
had
entered
,
and
after
she
had
taken
Husband
,
&c.
it
had
been
otherwise
.
If
a
man
hath
a
Daughter
a
Bastard
eign
,
and
a
Son
a
Mulier
Puisne
,
perhaps
the
Maxime
does
not
hold
,
for
she
had
no
colour
by
the
Law.
If
there
be
two
Daughters
,
Mulier
and
Bastard
,
and
they
make
Partition
,
and
the
Bastard
dies
seised
without
Issue
,
the
Land
shall
not
Escheat
,
for
if
the
Lord
will
say
she
was
a
Bastard
,
and
so
it
ought
to
Escheat
,
the
Mulier
shall
say
that
she
her self
is
a
Mulier
,
and
therefore
it
belongs
intirely
to
her
,
and
if
the
Lord
will
say
,
they
made
partition
,
by
which
the
Mulier
had
admitted
her
inheritable
,
then
the
Mulier
shall
say
,
by
that
I
did
admit
her
to
be
my
Sister
,
and
so
I
am
her
Heir
,
thus
the
Lord
is
estopped
every
way
.
Lord
Mesne
and
Tenant
by
equall
Services
,
the
Tenant
fore-judges
the
Mesne
,
the
Lord
dies
,
having
a
Bastard
eigne
&
Mulier
puisne
,
the
Bastard
hath
Issue
and
dies
seised
,
after
he
had
married
with
the
Tenant
,
the
Wife
dies
,
the
Mesne
reverses
the
Fore-judger
by
error
;
the
question
is
,
if
the
Mulier
shall
have
the
Rent
of
the
Seignory
?
It
seems
the
Maxime
holds
place
as
well
of
a
Rent
,
as
of
Land
,
as
it
is
holden
in
14
E.
2.
Bastard
26.
And
though
the
Rent
was
suspended
by
the
Marriage
,
yet
the
Maxime
holds
place
,
as
to
the
dying
seised
of
a
Rent
without
interruption
;
for
if
a
man
hath
a
Rent
in
Fee
,
and
becomes
Tenant
by
the
curtesie
of
the
Land
,
and
dies
,
his
Heir
shall
have
a
Mortdancester
of
the
Rent
,
which
he
could
not
have
,
if
his
Ancestor
did
not
die
seised
.
Vide
Release
.
Bona
Felonum
,
&c.
THe
Goods
of
those
who
are
attainted
by
Verdict
,
or
Outlawry
,
or
Confession
,
are
said
Cattalla
Felonum
,
and
if
a
man
flies
for
Felony
,
the
Goods
which
he
hath
at
that
time
are
Bona
waiviata
,
and
though
he
be
Attainted
after
,
yet
they
are
so
still
.
But
if
a
man
flies
for
Felony
,
and
after
he
is
taken
,
and
acquitted
,
there
his
Goods
are
forfeited
,
as
Catalla
Fugitivorum
:
but
in
all
the
cases
the
property
must
be
in
him
that
flees
.
But
by
some
Bona
Waiviata
are
those
which
are
stollen
by
a
Felon
,
and
left
.
v.
29.
E.
3.
12
E.
4.6
.
Borough
English
.
A
Man
dies
without
Issue
,
seised
of
an
Acre
in
Borough
English
,
having
two
Uncles
,
the
youngest
who
enters
into
the
Acre
,
by
reason
of
the
possession
is
voucht
with
the
Eldest
,
by
reason
of
a
Warranty
entred
into
by
the
Nephew
,
they
lose
,
the
Tenant
who
voucht
them
having
recovered
,
dies
,
leaving
two
Sons
,
the
eldest
sues
Execution
,
and
the
youngest
ou
ts
him
,
vide
11
H.
7.
12.
A.
Charge
.
GRandfather
,
Father
,
and
Son
,
the
Father
disseises
the
Grandfather
and
dies
,
the
Son
grants
a
Rent
Charge
,
the
Grandfather
dies
,
the
Son
shall
not
avoid
his
own
Charge
by
the
accession
of
this
new
Right
.
If
the
Son
disseises
the
Father
,
and
grants
a
Rent
Charge
,
and
the
Father
grants
a
Rent
Charge
,
the
Land
shall
be
charged
in
Perpetuum
;
but
if
the
Son
had
been
dead
first
it
had
been
otherwise
,
and
his
Son
should
have
holden
it
discharged
.
If
a
Stranger
disseises
the
Father
,
and
grants
a
Rent
Charge
,
and
infeoffs
the
Son
,
and
the
Father
dies
,
the
Son
shall
hold
it
discharged
.
If
the
Father
disseises
the
Grandfather
,
and
dies
,
the
Son
enters
,
and
grants
a
Rent
Charge
,
the
Grandfather
dies
,
he
shall
hold
it
discharged
,
although
he
was
of
full
age
at
the
time
of
the
Charge
;
[
vide
Sect.
preced
.
cont
.
]
As
if
Tenant
in
tail
infeoffs
the
Issue
within
age
,
who
grants
a
Rent
Charge
at
full
age
,
after
the
death
of
Tenant
in
tail
the
Son
shall
hold
it
discharged
,
for
in
both
cases
he
is
in
of
another
estate
.
If
a
Disseisor
grants
a
Rent
Charge
,
and
is
disseised
,
a
Release
is
made
to
the
second
Disseisor
,
the
Charge
remains
.
If
two
Jointenants
grant
a
Rent
Charge
,
Provided
that
it
shall
not
charge
the
person
of
one
of
them
,
some
think
he
shall
not
charge
the
other
.
Tenant
in
tail
grants
a
Rent
Charge
in
fee
,
and
makes
a
Lease
for
forty
yeares
,
rendring
a
Rent
,
and
dies
,
the
Issue
accepts
the
Rent
:
some
think
the
Grantee
shall
have
the
Rent
during
the
Lease
,
and
the
life
of
the
Issue
,
though
the
Lessee
surrenders
;
Quaere
,
for
the
Reversion
is
discharged
.
The
Father
disseises
the
Son
,
and
grants
a
Rent
Charge
,
the
Son
endowes
his
Wife
,
ex
assensu
patris
in
the
same
Land
,
the
Father
and
Son
die
,
the
Wife
enters
as
Tenant
in
Dower
,
she
shall
hold
it
charged
;
for
she
doth
not
claim
from
the
possession
in
Law
,
but
from
the
possession
charged
.
If
Tenant
in
tail
grants
a
Rent
Charge
,
and
dies
,
the
Abator
shall
not
hold
it
charged
.
But
by
many
the
Rent
in
the
first
case
is
avoided
,
for
the
freehold
was
discharged
.
The
Father
disseises
the
Son
,
and
grantes
a
Rent
Charge
in
fee
,
and
then
makes
a
Lease
for
years
,
the
Son
confirms
the
Lease
,
the
Father
dies
,
the
Rent
is
extinct
.
So
if
a
man
grants
a
Rent
Charge
in
Fee
,
and
makes
a
Lease
for
years
,
and
grants
a
Reversion
to
the
King
,
or
to
the
Grantee
,
the
Rent
is
gone
.
If
there
be
two
Disseisors
,
and
the
one
grants
a
Rent
Charge
,
the
Disseisee
releaseth
to
the
other
and
his
heirs
,
he
shall
hold
it
discharged
,
for
he
claims
meerly
from
the
Disseisee
.
But
if
one
hath
two
Sons
by
divers
venters
,
and
dies
,
and
before
entry
the
Eldest
grants
a
Rent
Charge
,
and
dies
without
Issue
,
the
youngest
hath
the
Land
from
his
Father
,
yet
he
shall
hold
it
charged
,
for
the
eldest
hath
such
an
estate
as
he
might
charge
;
for
if
the
eldest
had
died
without
Issue
,
and
the
Land
had
gone
to
the
Unkle
,
and
from
the
Unkle
to
the
Father
,
though
the
Father
cannot
be
Heir
to
the
Son
,
yet
being
the
Land
was
charged
he
shall
hold
it
charged
;
so
in
the
other
case
,
Quaere
,
for
there
is
a
Mesne
descent
.
Tenant
for
life
,
the
Remainder
in
Fee
makes
a
gift
in
tail
with
a
Remainder
in
Fee
,
he
in
the
first
Remainder
releases
all
his
Right
to
the
Donee
in
tail
,
not
saying
to
his
Heirs
,
and
after
he
grants
a
Rent
Charge
to
a
Stranger
out
of
the
Remainder
in
Fee
,
and
dies
,
the
Donee
dies
without
Issue
,
the
Heir
of
him
in
Remainder
enters
,
if
he
shall
hold
it
charged
?
For
if
he
be
remitted
to
his
ancient
Right
,
then
the
Land
is
discharged
against
him
.
And
some
think
the
Release
could
not
give
the
Right
in
Fee
,
which
the
Releasor
had
to
the
Releasee
himself
,
for
then
in
a
manner
he
might
Release
to
himself
,
and
if
the
Release
inures
but
as
a
Confirmation
,
then
without
question
the
Heir
shall
be
remitted
,
and
shall
hold
it
discharged
;
but
if
the
Remainder
had
been
appointed
in
tail
to
him
who
had
it
before
in
fee
,
the
Remainder
over
in
fee
,
then
the
Release
ought
to
inure
to
the
first
Estate
in
tail
,
and
also
to
the
Fee
,
and
then
if
the
last
fee
be
fortified
,
the
mesne
Remainder
is
established
,
and
so
the
Release
inures
to
himself
.
The
Son
makes
a
Lease
to
the
Father
for
life
,
who
makes
a
Lease
for
life
to
A.
the
Remainder
in
fee
simple
to
the
Son
,
the
Son
grants
a
Rent
Charge
out
of
the
Remainder
,
and
after
Releases
to
A.
and
his
Heirs
all
his
Right
in
the
Land
,
the
Father
and
A.
die
,
if
his
Issue
shall
hold
it
charged
?
first
,
it
is
cleer
,
that
the
Right
Fee
is
divested
,
and
a
tortious
Fee
setled
in
the
Son
all
at
one
Instant
,
as
if
Tenant
in
tail
makes
a
Lease
for
life
,
the
Inheritance
of
the
estate
in
tail
is
devested
,
and
a
fee
simple
vested
all
at
one
moment
.
So
if
the
Husband
makes
a
Lease
for
life
of
the
Wives
Land
,
the
fee
which
the
Husband
had
in
right
of
his
Wife
is
devested
,
and
a
new
foe
in
himself
in
his
own
right
vested
at
the
same
time
.
So
in
the
first
case
;
then
when
it
is
granted
out
of
the
Reversion
,
it
is
all
one
as
if
it
had
been
granted
out
of
the
Remainder
,
because
a
Reversion
and
Remainder
agree
in
substance
,
viz.
Terra
revertens
;
then
when
the
Son
released
unto
A.
and
his
Heirs
all
his
Right
,
that
shall
not
inure
as
an
Entry
and
Feoffment
,
for
A.
was
in
by
Title
without
Disseisin
;
then
it
does
not
give
to
him
the
Remainder
;
as
if
he
had
Released
to
him
all
his
estate
in
the
Land
,
or
as
if
he
had
released
all
his
Right
,
Habendum
the
Land
in
fee
;
for
there
the
fee
passes
,
but
here
he
hath
both
the
Right
and
the
Estate
,
and
then
a
Release
of
the
Right
does
not
reach
the
Estate
.
Others
are
of
opinion
that
the
Right
in
fee
cannot
drown
in
the
Estate
for
life
,
and
in
the
Remainder
it
cannot
merge
;
for
then
in
truth
he
releases
to
himself
.
But
if
a
Fem
Disseisoress
make
a
Lease
for
life
,
and
after
marries
with
the
Disseisee
,
who
Releases
to
the
Tenant
for
life
in
Fee
,
the
Fee
will
Merge
in
auter
droit
for
the
benefit
of
the
Estate
in
Fee
in
Reversion
,
then
if
the
Release
do
not
perfect
the
Remainder
,
if
the
Grant
of
the
Rent
which
is
an
Assent
to
the
Remainder
does
so
inseperably
unite
the
Remainder
,
the
Rent
and
the
Right
,
so
that
the
Right
shall
be
drowned
in
the
Estate
for
the
preservation
of
the
Rent
?
and
some
think
it
shall
not
;
for
if
a
Disseisee
takes
an
Estate
in
Fee
from
him
who
hath
the
Land
by
descent
,
he
agrees
unto
it
;
and
yet
if
he
dies
seised
,
his
Heir
shall
be
remitted
,
and
so
the
Rent
charge
avoided
.
But
others
think
,
that
in
as
much
as
by
the
grant
of
the
Rent
charge
he
hath
agreed
to
the
Remainder
,
and
so
to
the
Livery
,
he
cannot
now
enter
upon
the
Tenant
for
life
,
and
then
the
Release
gives
the
Remainder
,
and
so
the
Land
continues
charged
.
Claim
.
IF
a
Reversion
be
granted
upon
Condition
which
is
broke
,
the
Reversion
shall
be
adjudged
in
the
Lessor
without
Claim
,
for
the
Grantee
was
privy
to
the
Condition
:
as
if
a
Condition
be
annext
to
the
Feofment
,
that
if
the
Feoffee
doth
not
perform
such
an
act
,
that
then
he
shall
have
it
but
for
life
;
if
he
does
not
perform
it
,
the
Estate
in
Fee
is
presently
vested
in
the
Feoffor
without
Claim
,
for
he
was
privy
to
the
Condition
.
But
the
Lord
shall
not
have
a
Reversion
granted
to
his
Villein
,
or
aliened
in
Mortmain
,
or
to
his
Mother
,
who
consents
to
a
Ravisher
without
claim
,
for
there
is
no
Privity
.
But
,
in
these
cases
,
if
the
particulartenant
hath
an
Action
of
Wast
brought
against
him
by
the
Lord
,
or
his
Son
,
perhaps
the
using
of
the
Action
will
countervail
a
Claim
:
And
note
that
he
ought
to
come
upon
the
Land
and
make
a
Claim
,
and
he
shall
not
be
punish'd
for
it
,
no
more
than
the
Lessor
,
who
comes
upon
the
Land
to
see
if
Waste
be
committed
;
for
it
is
a
Condition
in
Law
annex'd
to
all
the
Cases
.
The
Heir
makes
a
Feofment
upon
Condition
,
the
Mother
recovers
Dower
,
the
Condition
is
broke
,
Quaere
what
course
he
must
take
to
recover
the
Reversion
?
for
,
if
the
Mother
recovers
her
Dower
against
an
Abator
,
the
Heir
shall
not
gain
the
Reversion
by
Claim
.
And
if
Tenant
for
years
be
outed
,
and
the
Disseisor
dies
seised
,
and
the
Terinor
enters
;
many
are
of
opinion
,
that
the
Disseisee
shall
not
have
the
Fee
by
Claim
.
If
there
be
a
Disseisor
of
twenty
Acres
,
and
the
Disseisee
enters
into
one
,
saying
nothing
,
he
may
have
an
Assise
for
the
rest
;
for
the
Possession
shall
not
be
devested
by
the
construction
of
the
Law
without
a
particular
Claim
of
the
party
.
Capacity
.
LAnd
is
given
by
Deed
to
A.
and
a
Dean
&
his
Successors
,
and
Livery
is
made
to
A.
in
the
name
of
both
,
the
Dean
takes
nothing
,
for
they
take
in
several
Capacities
,
and
in
common
,
and
not
jointly
.
But
if
the
Discontinuee
enfeoffs
the
Issue
in
tail
within
age
,
and
another
,
and
makes
Livery
to
the
Infant
in
the
name
of
both
;
though
the
Infant
be
remitted
for
a
moity
,
yet
the
other
moity
vests
in
the
other
,
and
they
are
Tenants
in
common
,
for
their
Capacities
are
not
several
,
but
they
take
severally
by
the
operation
of
the
Law.
Cessavit
.
IF
the
Tenant
ceases
for
twenty
years
,
a
Cessavit
cannot
be
maintained
but
for
the
two
last
years
before
the
Writ
.
And
therefore
if
the
Tenant
ceases
for
two
years
,
and
marries
,
and
the
Lord
recovers
in
a
Cessavit
,
and
the
Tenant
dies
,
the
Wife
shall
be
endowed
against
the
Lord
;
for
the
Cessavit
cannot
be
maintained
for
the
Cesser
before
the
coverture
,
and
so
the
Title
of
Action
shall
not
have
Relation
,
&c.
but
is
grounded
upon
the
Cesser
two
yeares
before
the
Writ
purchased
,
and
part
of
it
was
during
the
Coverture
,
and
then
the
Cesser
of
the
Husband
,
during
the
Coverture
shall
not
prejudice
the
Wife
of
her
Dower
.
But
Quaere
if
the
case
be
not
●alsly
put
?
for
it
should
rather
have
been
,
that
the
Baron
ceases
one
year
before
the
Coverture
,
and
another
year
after
,
and
then
the
Cessavit
is
brought
.
Cessante
Causa
,
&c.
THe
Seignoress
seises
the
Body
and
Land
of
the
Tenant
,
and
after
marries
the
Villain
ingross
of
the
heir
,
and
they
commit
wast
,
the
Heir
brings
an
Action
of
Wast
,
't
is
cleer
that
his
body
is
out
of
Ward
,
and
being
that
the
Land
is
in
Ward
,
because
an
Infant
cannot
perform
Knight
Service
,
and
so
the
cause
is
executory
,
and
in
consideration
that
the
Signory
remains
and
now
the
Signory
during
the
Coverture
by
the
intermarriage
with
the
Villain
is
determined
in
the
Tenancy
,
and
so
the
Freehold
and
Inheritance
of
the
Seignory
is
merged
in
the
Tenancy
by
Act
in
Law
,
notwithstanding
,
that
the
possession
of
the
Seignory
is
suspended
by
reason
of
the
chattle
in
the
Tenancy
,
viz.
the
Wardship
of
the
Land
,
because
that
the
Husband
shall
be
Tenant
by
the
Curtesy
,
and
may
be
granted
over
notwithstanding
the
suspension
,
by
reason
of
the
Chattle
in
the
Tenancy
,
&
by
the
same
reason
it
shall
be
a
Release
in
Law
to
the
Lord
of
the
Villein
by
Act
in
Law
,
and
therefore
the
land
shal
be
out
of
Ward
for
Cessante
,
&c.
If
the
Lord
of
a
Villain
gives
Land
in
ancient
Demesne
to
the
Villain
and
afterward
the
Lord
reverses
the
Fine
by
disceit
,
the
Manumission
is
gone
,
for
the
conveyance
by
the
Fine
,
which
was
the
cause
of
the
Manumission
being
vacated
,
the
Effect
falls
to
the
ground
.
Common
,
v.
Apporcionment
.
Condition
.
A
Having
two
Sons
,
makes
a
Gift
in
tail
to
the
Eldest
,
the
Remainder
in
see
to
the
Youngest
,
on
condition
,
that
the
Eldest
shall
not
make
a
Feoffment
with
warranty
,
to
the
intent
to
bar
him
in
Remainder
;
and
if
he
does
,
that
then
the
yongest
and
his
Heirs
shall
enter
,
the
Eldest
makes
a
Feoffment
with
Warranty
the
Father
dies
,
and
the
Eldest
dies
without
Issue
,
the
yongest
may
enter
,
for
the
entry
given
to
the
youngest
is
void
,
and
then
the
Heirs
of
the
Feoffor
are
to
enter
;
then
the
Father
having
cause
to
enter
,
and
he
being
dead
,
the
Condition
is
in
suspence
in
the
Eldest
,
and
revived
by
his
death
(
v.
41.
E.
3.
21.
)
and
given
to
the
youngest
;
for
the
Condition
was
not
extinguished
by
the
Feoffment
;
and
the
Warranty
does
not
bind
Titles
of
Entry
.
But
if
the
Feofment
had
been
after
the
death
of
the
Father
,
then
the
Condition
had
been
extinct
.
If
I
am
Lessee
for
the
life
of
C.
and
grant
my
estate
to
D.
upon
Condition
that
if
D.
dies
living
C.
that
it
shall
be
lawful
for
me
to
re-enter
,
Quaere
if
this
Condition
be
sufficient
for
me
to
enter
upon
an
Occupant
?
The
Mesne
grants
the
Mesnalty
upon
Condition
,
that
if
the
Grantee
pays
,
&c
,
by
such
a
day
,
that
then
he
shall
have
Fee
,
before
the
day
the
Grantor
to
whom
the
money
was
to
be
paid
is
attainted
,
yet
the
Grantee
may
perform
the
Condition
,
and
enjoy
the
Fee.
A
Lease
for
life
is
made
upon
Condition
,
that
if
the
Lessor
grants
the
Reversion
,
the
Lessee
shall
have
it
in
Fee.
The
Lessor
grants
the
Reversion
by
Fine
to
one
for
life
,
the
Grantee
shall
have
it
for
life
,
and
the
Lessee
shall
have
it
after
the
death
of
the
Grantee
,
and
not
before
;
But
if
the
Condition
had
been
,
that
if
the
Lessee
pays
twenty
pounds
,
&c.
there
he
shall
devest
the
possession
out
of
the
Grantee
.
Note
the
diversity
.
If
the
Husband
having
a
Lease
for
twenty
yeares
in
right
of
his
Wife
,
grants
two
years
upon
Condition
,
that
the
Grantee
shall
not
grant
over
his
term
,
and
if
he
does
,
that
he
,
his
Executors
and
Assigns
may
re-enter
;
the
Husband
dies
,
the
Lessee
grants
over
his
term
;
the
Executors
of
the
Husband
cannot
enter
,
for
it
is
a
Condition
annext
to
the
Reversion
,
and
if
they
do
enter
they
defeat
the
Wives
Reversion
.
The
Eldest
Son
cannot
enter
where
the
Reversion
descends
to
the
youngest
Son
by
Borough
English
,
or
speciall
tail
.
Nor
the
Heir
on
the
part
of
the
Father
,
where
the
Land
goes
to
the
Heir
on
the
part
of
the
Mother
,
nor
the
Executor
of
one
Jointenant
where
the
Testator
made
a
Lease
upon
such
a
Condition
,
and
died
,
for
then
he
should
devest
the
Reversion
out
of
the
other
,
which
cannot
be
.
And
in
the
principall
case
the
Wife
cannot
enter
;
for
she
is
not
privy
to
the
Condition
,
neither
doth
she
claim
under
the
Estate
of
the
Husband
.
As
if
one
Jointenant
grants
his
part
for
yeares
upon
such
a
Condition
,
the
Survivor
cannot
take
advantage
of
it
.
But
if
the
Husband
had
granted
over
all
the
years
upon
such
a
Condition
,
or
the
Father
had
made
Feofment
of
the
Land
in
Borough
English
,
he
should
enter
,
for
he
claims
by
the
Father
.
Some
think
the
Condition
is
extinct
,
as
if
a
man
makes
a
Lease
for
years
,
upon
Condition
,
ut
supra
,
and
dies
,
having
a
Son
and
a
Daughter
by
one
Venter
,
and
a
Son
by
another
,
the
Eldest
takes
the
Rent
and
dies
;
now
the
Sister
shall
have
the
Reversion
,
and
the
Condition
is
gone
;
for
she
is
not
Heir
.
And
a
Rent
is
incident
to
a
Reversion
,
and
passes
by
the
Grant
of
it
,
but
so
doth
not
a
Condition
.
A
Feoffment
is
made
upon
Condition
,
to
re-infeoffe
,
the
Feoffee
charges
the
Land
,
the
Grantee
brings
a
Writ
of
Annuity
,
and
Recovers
,
the
Feoffor
enters
.
44
E.
3.
9.
If
A.
be
bound
to
pay
ten
pound
to
B.
and
he
releases
ten
pound
which
he
ought
him
;
yet
this
is
no
performance
,
for
there
ought
to
be
a
payment
in
Fact.
And
therefore
if
one
be
bound
to
Release
a
Rent
Charge
which
he
hath
out
of
the
Mannor
of
D.
and
he
purchases
an
Acre
,
now
the
Rent
is
extinct
,
and
yet
the
Condition
is
not
performed
;
But
If
I
am
bound
to
enfranchise
my
Villaine
,
and
I
bring
an
Action
against
him
,
the
Condition
is
performed
.
So
if
I
am
bound
to
discharge
an
Obligation
in
which
I
am
bound
to
A.
if
I
purchase
the
Mannor
to
which
A.
is
a
Villein
regardant
,
the
Condition
is
discharged
;
for
the
word
Discharge
refers
to
all
manner
of
Discharges
.
If
I
am
Infeoffed
,
upon
Condition
that
I
shall
not
Alien
to
A.
and
I
suffer
him
to
recover
it
Feintly
,
or
if
I
cease
,
so
that
he
being
my
Lord
recovers
in
a
Cessavit
,
or
if
I
acknowledge
my self
to
be
his
Villein
,
or
if
I
make
a
Feoffment
with
Warranty
,
so
that
that
Acre
is
recovered
by
him
in
Value
,
yet
the
Condition
is
not
broke
;
for
it
extends
only
to
Alienations
in
Fact.
If
I
make
a
Gift
in
tail
,
upon
Condition
that
the
Donee
shall
not
suffer
a
Feint
Recovery
,
if
it
be
not
to
the
benefit
of
his
Issue
,
and
after
in
a
Feint
Writ
he
vouches
,
and
a
Recovery
is
had
against
him
,
and
he
recovers
in
Value
,
and
hath
Execution
,
and
that
is
to
the
just
value
onely
,
the
Condition
is
not
broke
.
But
if
the
Donor
had
been
voucht
,
it
is
cleer
be
should
not
have
entred
,
for
he
shall
not
say
that
the
Recovery
was
Feint
when
he
was
voucht
,
and
made
a
party
to
the
breach
of
the
Condition
:
and
he
cannot
enter
into
Warranty
,
saving
the
Condition
which
is
not
broke
,
for
it
is
but
a
possibility
.
Land
is
given
in
tail
to
the
Heires
Males
of
the
body
of
the
Donee
,
upon
condition
,
if
he
dies
without
Heirs
Females
of
his
body
,
that
the
Donor
shall
re-enter
,
the
Condition
is
void
,
for
he
cannot
have
Heirs
Females
so
long
as
he
hath
Issue
Male.
A
Lease
for
years
is
made
upon
condition
,
that
the
Lessee
shall
not
Alien
without
the
consent
of
the
Lessor
,
he
gives
him
leave
to
grant
over
his
Estate
upon
Condition
,
and
so
he
does
,
and
enters
for
the
Condition
broke
,
he
may
after
grant
it
over
without
his
consent
;
for
the
Condition
is
performed
32
H.
6.
10.
a.
A
Rent
charge
is
granted
upon
Condition
,
the
Grantor
makes
a
Feofment
of
the
Land
,
the
Condition
is
broke
,
the
Rent
is
arrear
,
if
the
condition
be
extinguisht
by
the
Feofment
,
being
the
Feoffor
cannot
have
it
in
the
same
manner
as
he
might
when
the
Grant
was
made
?
But
if
the
Grant
had
been
upon
Condition
,
which
if
not
performed
to
cease
,
the
Feoffee
shall
have
Benefit
of
it
.
If
a
Feoffment
be
made
upon
Condition
,
that
the
Feoffee
shall
make
a
gift
in
Frankmarriage
with
the
Cosen
of
the
Feoffor
,
this
seems
to
be
a
void
Condition
,
Quaere
if
he
must
not
make
an
estate
for
life
?
So
if
it
had
been
to
make
such
a
Gift
to
a
Religious
person
.
If
a
Feoffment
be
made
upon
Condition
,
the
Feoffee
makes
a
Lease
for
life
,
and
dies
,
and
the
Reversion
dessends
to
the
Feoffor
.
Quaere
if
the
Condition
be
extinct
?
The
Mortgagee
enfeoffs
the
Heir
of
the
Mortgagor
in
Mortgage
also
to
be
first
paid
,
after
the
first
day
the
first
Mortgager
dies
,
the
Heir
tenders
the
money
to
the
first
Mortgagee
at
the
day
,
and
he
refuses
,
and
he
tenders
the
money
to
the
Heir
,
&c.
and
he
refuses
.
Some
think
the
Son
may
perform
the
Condition
,
for
it
is
not
suspended
,
being
a
Collateral
Condition
(
Vide
21
E.
4.
the
case
of
a
Corody
)
and
the
payment
ought
to
be
made
to
the
Mortgagee
(
though
he
hath
made
a
Feoffment
of
the
Land
to
the
Executors
,
and
not
to
the
Heir
,
as
it
shall
be
and
17
E.
3.
2.
is
not
Law.
And
upon
the
first
refusall
the
heir
is
not
remitted
,
for
he
shall
not
be
remitted
upon
a
Title
.
If
the
Tenant
atturns
upon
Condition
,
which
is
broke
by
the
Grantee
,
yet
the
Reversion
is
not
devested
;
for
the
Assent
cannot
be
conditional
,
for
he
doth
not
claim
the
Reversion
from
him
that
atturns
,
neither
can
it
be
made
conditionall
by
the
Act
of
a
Stranger
to
the
grant
:
for
if
Tenant
in
tail
makes
a
Lease
for
years
,
rendring
a
Rent
,
and
dies
,
and
the
Issue
accepts
the
Rent
upon
Condition
that
it
shall
not
prejudice
his
Entry
to
avoid
the
Lease
,
yet
he
shall
avoid
the
Lease
;
for
the
Assent
is
a
thing
executed
,
which
wil
not
suffer
any
Condition
performable
.
But
if
the
Condition
be
precedent
to
the
Assent
,
the
Condition
is
good
.
But
a
Release
of
Right
may
be
upon
Condition
,
as
a
Release
of
the
Seignory
to
the
Tenant
upon
condition
,
So
of
a
Release
upon
condition
from
one
Jointenant
to
his
Companion
,
for
there
the
thing
vested
in
his
person
is
devested
,
unto
which
a
Condition
may
be
annext
.
But
otherwise
of
an
Assent
.
And
if
the
Patron
assent
to
the
charge
of
the
person
upon
Condition
,
that
is
good
,
because
the
Assent
is
an
Interest
in
Law.
If
a
Gift
in
tail
be
made
upon
Condition
,
the
Donee
shall
make
a
Feofment
,
which
is
done
accordingly
,
yet
the
Issue
shall
have
a
Formedon
;
for
if
the
Condition
be
not
performed
the
Donor
could
not
have
entered
,
and
when
it
is
not
performed
,
yet
the
Estate
of
the
Issue
shall
not
be
defeated
.
If
a
Lease
for
life
be
made
with
such
a
Condition
,
yet
the
Lessor
may
enter
for
the
forfeiture
,
if
the
Feofment
be
made
.
So
if
the
Lease
had
been
made
upon
Condition
that
he
make
a
Feoffment
,
all
is
one
.
If
an
Infant
be
infeoffed
,
upon
Condition
to
enfeoffe
another
,
which
is
done
accordingly
,
yet
the
Infant
may
enter
,
for
he
hath
performed
the
Condition
.
If
two
are
infeoffed
,
upon
Condition
to
infeoffe
A.
if
one
does
infeoffe
him
of
the
one
Moity
,
and
the
other
of
the
other
Moity
,
the
Condition
is
performed
,
for
the
Intent
is
fulfilled
.
If
a
Lease
for
life
be
made
,
with
a
Condition
of
Accruer
,
if
before
the
day
the
Lessor
be
attainted
,
yet
upon
the
performance
of
the
Condition
the
estate
enlargeth
.
If
a
man
hath
Land
,
by
descent
on
the
part
of
his
mother
,
and
makes
a
Feoffment
upon
Condition
,
to
be
performed
on
his
part
,
or
the
Heirs
,
on
the
part
of
his
Father
,
and
the
Father
dies
,
so
that
the
Land
descends
to
him
,
the
Condition
is
extinct
,
although
he
dies
without
Issue
;
for
notwithstanding
he
had
the
Land
from
his
Mother
,
yet
the
Condition
goes
to
the
Heirs
on
the
part
of
his
Father
,
being
a
new
thing
.
As
if
a
Feoffment
be
made
upon
Condition
of
Land
in
Borough
English
,
the
eldest
Son
shall
not
enter
for
the
Condition
broken
,
as
the
Heir
male
must
do
where
a
Condition
is
descended
upon
the
Heir
Female
.
But
on
the
other
side
,
if
the
Son
makes
a
Feoffment
to
his
Mother
,
of
Land
descended
to
him
from
his
Father
,
and
after
the
Mother
dies
,
and
the
Son
dies
without
Issue
,
the
Heir
on
the
part
of
his
Father
must
perform
the
Condition
,
and
the
Heir
on
the
part
of
his
Mother
shall
have
the
Land
in
the
mean
time
,
and
if
the
Condition
had
been
broke
in
the
life
of
the
Mother
it
had
been
all
one
,
and
the
Heir
on
the
part
of
the
Father
should
have
entred
;
for
the
Son
is
not
remitted
by
the
Descent
.
The
case
was
;
after
the
entry
the
Son
granted
a
Rent
Charge
,
and
died
without
Issue
,
if
the
Heir
on
the
part
of
the
Father
shall
hold
it
discharged
?
and
some
think
he
shall
.
If
A.
makes
a
Lease
for
years
upon
a
collaterall
Condition
,
and
the
Lessee
makes
a
Lease
for
20
years
,
and
then
surrenders
to
the
Lessor
,
it
seemes
to
some
that
the
Condition
for
the
rest
is
extinct
;
for
he
hath
part
of
the
estate
by
his
own
Act
,
so
that
if
he
should
re-enter
,
he
could
not
be
in
,
in
the
same
manner
as
he
was
before
;
for
he
cannot
avoid
all
the
estate
.
If
a
Feoffee
upon
condition
make
a
Lease
for
life
,
and
after
the
Feoffor
releaseth
the
Condition
to
him
in
Reversion
,
the
estate
for
life
is
discharged
of
the
Condition
,
and
it
seems
to
them
all
one
,
viz.
a
Release
in
Deed
,
and
in
Law.
And
Note
if
Feoffee
upon
Condition
makes
a
Lease
for
life
,
a
Release
of
the
Condition
to
Tenant
for
life
shall
extend
to
all
the
Condition
against
the
Feoffee
.
And
it
is
cleer
if
there
he
Feoffee
upon
Condition
of
two
Acres
,
and
the
Feoffor
releases
the
Condition
in
one
,
it
remains
in
the
other
,
as
it
shall
be
of
a
Warranty
annexed
to
two
Acres
,
for
the
Condition
is
several
as
the
Right
is
,
and
shall
remain
in
part
of
the
Land
,
as
the
Right
shall
do
.
But
if
the
condition
had
been
by
two
,
or
to
two
,
there
a
Release
by
one
,
or
to
one
,
dischargeth
all
the
Condition
,
as
it
shall
do
a
Warranty
:
but
if
a
man
hath
two
Acres
,
one
to
him
and
his
Heirs
Males
,
and
the
other
to
him
and
his
Heirs
females
;
and
makes
a
Lease
for
years
of
both
of
them
,
rendring
a
Rent
upon
Condition
,
and
dies
,
having
a
Son
and
a
Daughter
;
the
Condition
remains
for
the
Son
in
one
Acre
,
and
is
extinguished
for
the
other
.
And
if
Lessee
upon
Condition
surrenders
one
Acre
,
it
remains
for
the
other
.
Tenant
for
life
makes
a
Lease
for
years
,
upon
Condition
to
have
it
for
the
life
of
Tenant
for
life
,
the
Lessee
dies
,
and
his
Executors
perform
the
Condition
,
yet
the
Freehold
shall
not
accrue
to
them
.
For
when
the
Lessee
for
years
died
,
the
Condition
was
gone
;
for
the
Executors
are
not
capable
to
perform
the
condition
to
increase
a
Freehold
,
although
they
may
to
encrease
a
term
;
for
the
one
is
testamentary
,
and
the
other
not
.
Vide
Infant
,
Fem
Covert
,
Entry
,
Rent
.
Confirmation
.
LEssee
for
life
makes
a
Lease
for
years
,
rendring
a
Rent
,
the
Lessor
confirms
the
Estate
of
the
second
Lessee
,
Tenant
for
life
dies
within
the
term
,
and
the
Lessor
distrains
and
avowes
for
the
Rent
,
some
think
he
cannot
.
Tenant
for
life
grants
a
Rent
charge
in
Fee
,
the
Lessor
joins
in
a
Feofment
of
the
Land
,
the
Rent
shall
indure
for
ever
;
for
it
is
the
Feoffment
of
the
Tenant
for
life
,
and
the
confirmation
of
the
Lessor
.
If
a
Disseisor
takes
a
Confirmation
of
the
Lord
to
hold
by
lesser
Services
,
and
the
Disseisee
releases
to
him
,
yet
he
shall
take
advantage
of
the
Confirmation
.
If
there
be
two
Tenants
in
Common
for
life
,
and
a
Confirmation
is
made
to
them
and
their
Heirs
,
they
are
Tenants
in
Common
of
the
Fee
,
as
they
were
of
the
Freehold
;
for
a
Confirmation
inures
according
to
the
nature
of
the
estate
upon
which
it
inures
,
and
a
Confirmation
does
not
alter
the
estate
.
If
Land
be
given
to
two
men
,
and
the
Heirs
of
their
two
bodies
,
and
the
Donor
confirms
the
Land
to
them
in
Fee
,
they
are
not
Jointenants
of
the
Fee.
If
a
Disseisor
grants
a
Rent
Charge
to
the
Disseisee
,
and
he
grants
it
over
,
and
after
re-enters
,
he
shall
hold
it
discharged
,
for
it
cannot
inure
as
a
Grant
,
and
as
a
Confirmation
.
If
there
be
Lord
,
Mesne
,
and
Tenant
,
each
by
Fealty
and
twelve
pence
,
the
Lord
confirms
the
estate
of
the
Tenant
to
hold
by
one
penny
,
that
Confirmation
is
void
,
for
want
of
privity
;
for
there
ought
to
be
an
immediate
tenure
where
it
is
to
be
abridged
.
As
if
Tenant
for
life
makes
a
Lease
for
years
,
and
the
first
Lessor
confirms
the
estate
of
the
Lessee
for
years
,
that
is
void
for
want
of
Privity
.
So
if
Tenant
in
tail
makes
a
Lease
for
his
own
life
,
and
the
Donor
confirms
,
that
will
not
enlarge
his
estate
.
Lord
,
Mesne
and
Tenant
,
each
of
them
holds
by
twelve
pence
,
the
Mesne
is
outlawed
in
Felony
,
the
Lord
confirms
the
Estate
of
the
Tenant
to
hold
by
one
penny
,
the
Heir
of
the
Mesne
reverses
the
Outlawry
by
Error
,
and
distrains
and
avows
for
twelve
pence
.
There
is
Diversity
,
viz.
if
the
Tenant
dies
without
Heir
,
the
Law
cast
the
possession
of
the
Tenancy
upon
the
Lord
,
so
that
he
hath
the
possession
in
Law
before
Entry
.
But
if
the
Tenant
be
attainted
of
Felony
,
there
the
Lord
hath
not
the
possession
either
in
Fact
or
in
Law
before
Entry
;
for
if
the
Tenant
continue
twenty
years
in
possession
after
the
Attainder
,
he
shall
be
said
to
be
Tenant
,
then
here
the
Law
doth
not
cast
the
possession
of
Mesnalty
upon
the
Lord
,
and
so
there
wants
that
privity
between
the
Lord
and
the
Tenant
which
is
requisite
to
the
deminishing
of
the
Services
.
Then
here
the
Confirmation
inures
to
prove
his
Agreement
to
the
Escheat
,
or
otherwise
,
it
shall
be
void
,
which
the
Law
will
not
suffer
.
If
the
Mesne
grants
the
Mesnalty
to
the
Lord
Par
auter
uge
,
and
after
the
Lord
had
confirmed
,
ut
supra
,
and
after
cesty
que
vye
dies
,
there
the
Mesne
shall
hold
according
to
the
Confirmation
;
for
the
Fee
of
the
Seignory
was
not
in
suspence
,
because
he
had
it
but
par
auter
vye
.
If
a
Fem
hath
a
Lease
for
twenty
years
,
and
the
Lessor
confirms
to
the
Baron
for
forty
years
,
who
dies
,
the
Fem
shall
have
the
residue
of
the
twenty
years
,
Quod
nota
.
If
a
Disseisor
makes
a
Gift
in
tail
,
or
Lease
for
life
to
A.
to
whom
the
Disseisee
confirms
,
yet
after
the
estate
determined
he
shall
enter
upon
him
in
Reversion
;
for
the
estate
is
only
fortisied
,
but
if
the
Confirmation
had
been
to
the
disseisor
,
he
cannot
enter
upon
the
particular
Tenant
.
But
if
the
Disseisor
had
given
,
&c.
to
A.
and
B.
and
to
the
Heirs
of
A.
and
the
Disseisee
confirms
the
estate
of
B.
Quaere
.
But
it
is
cleer
,
if
he
had
confirmed
the
Estate
of
A.
he
should
never
enter
upon
his
Heirs
;
for
if
a
Disseisor
gives
Land
to
C.
in
tail
,
the
Remainder
to
the
right
Heirs
of
C.
and
the
Donor
confirms
the
estate
,
that
shall
go
to
the
Fee.
And
if
a
Disseisor
gives
land
to
A.
for
life
,
the
remainder
to
B.
for
life
,
and
the
estate
for
life
to
A.
is
only
confirmed
,
Quaere
.
If
a
Disseisee
,
where
his
entry
is
taken
away
,
and
a
Stranger
enters
upon
the
Heir
in
by
discent
,
confirms
the
Estate
of
the
Stranger
,
though
his
confirmation
gives
no
possession
of
the
Freehold
,
yet
his
ancient
Right
is
gone
for
ever
.
But
if
the
Heir
who
is
in
by
discent
were
disseised
by
A.
who
makes
a
lease
for
life
to
B.
and
the
first
Disseisee
confirms
his
Estate
,
and
the
Heir
enters
,
the
Disseisee
hath
no
remedy
during
the
life
of
B.
for
the
Confirmation
continues
so
long
,
and
no
longer
.
And
the
Heir
hath
the
Right
of
B
and
so
the
Disseisee
cannot
have
an
Action
against
B.
and
by
the
same
reason
he
cannot
have
an
Action
against
him
that
hath
his
Estate
,
in
respect
of
the
first
Disseisee
.
So
if
the
Heir
in
by
descent
,
had
made
a
Lease
for
life
to
the
Disseisee
and
a
Stranger
,
and
the
Disseisee
confirms
the
Estate
of
the
Stranger
,
there
the
Disseisee
hath
no
Remedy
,
during
his
own
life
,
though
the
Heir
re-enters
,
Causa
qua
supra
,
but
his
Heir
shall
have
Remedy
;
for
it
was
but
a
conclusion
.
And
some
say
that
the
confirmation
in
the
first
case
shall
not
extend
to
the
Right
that
was
suspended
,
as
a
Release
will
do
,
no
more
than
if
a
man
hath
a
Rent
Charge
,
and
he
and
another
disseise
the
Tenant
of
the
Land
,
and
he
which
hath
the
Land
confirms
the
Estate
of
his
companion
,
the
Disseisee
re-enters
,
the
Rent
is
revived
;
for
as
the
Rent
was
not
grantable
,
being
suspended
in
the
Inheritance
,
no
more
may
the
Confirmation
extend
to
it
,
or
touch
it
.
Two
Jointenants
for
life
of
two
Acres
,
the
Land
is
confirmed
to
them
in
Fee
of
one
Acre
to
the
use
of
one
,
and
of
the
other
Acre
to
the
use
of
the
other
in
fee
,
they
are
severall
Tenants
of
the
Freehold
of
the
severall
Acres
,
for
the
Confirmation
is
drownd
by
the
Confirmation
in
Fee
to
the
Vse
,
and
the
Freehold
made
according
to
the
Vse
,
as
if
it
had
been
before
the
Statute
of
27
H.
8.
The
Parson
makes
a
Lease
for
twenty
years
,
the
Ordinary
confirms
for
ten
,
being
it
is
an
intire
thing
,
it
cannot
be
confirmed
in
part
,
as
a
Confirmation
to
the
Disseisor
,
Tamen
Quere
;
for
the
Assent
of
the
Patron
cannot
be
like
to
that
.
The
Husband
is
Tenant
for
life
,
the
Remainder
to
the
Wife
for
life
,
a
confirmation
is
made
to
them
in
tail
,
how
it
shall
inure
?
Some
think
that
they
shall
take
the
Estate
by
Intireties
,
and
not
by
Moities
.
It
may
be
said
that
the
estate
for
life
to
the
Husband
,
the
remainder
to
the
Wife
continues
,
but
if
not
,
then
to
the
Wife
for
one
Moity
,
and
a
Moity
in
the
Freehold
shall
be
extinct
,
&c.
Vide
Baron
&
Fem
,
&
Wast
.
Continuall
Claim
.
LAnd
is
given
to
Baron
&
Fem
and
a
third
person
,
and
to
the
Heirs
of
the
Bodies
of
the
Baron
&
Fem
,
they
have
Issue
,
the
Baron
dies
;
Tenant
for
life
aliens
a
Moity
in
Fee
,
the
Wife
makes
Continuall
Claim
,
the
Issue
dies
without
Issue
,
the
Wife
may
enter
upon
the
Heir
of
the
Feoffee
,
who
dies
within
the
year
after
the
Continuall
Claime
.
Quere
.
It
seemes
though
at
the
time
of
the
Continuall
Claim
she
had
a
Right
of
Entry
,
yet
now
the
Estate
is
changed
,
and
she
shall
not
enter
.
Quaere
how
Continuall
Claim
may
be
made
by
Tenant
in
common
for
the
possession
pro
Indiviso
.
If
the
Disseisee
dies
after
he
hath
made
Continuall
Claim
,
and
within
the
year
a
Descent
is
cast
,
the
Heir
of
the
Disseisee
cannot
enter
,
for
it
gives
only
a
Title
for
the
advantage
of
the
person
who
durst
not
enter
.
But
if
the
Descent
had
been
in
the
Life
of
the
Disseisee
,
then
the
Heir
of
the
Disseisee
may
take
Advantage
of
it
.
For
a
Title
of
Entry
discended
.
If
Tenant
for
life
,
with
a
Remainder
over
,
be
disseised
,
and
makes
Continual
Claim
,
&
dies
,
he
in
Remainder
shall
avoid
a
Descent
happening
within
a
year
after
the
Claim
,
for
his
Interest
was
reduced
.
Otherwise
of
a
Son
,
in
the
life
of
his
Father
he
hath
no
Interest
.
If
two
Jointenants
are
Disseised
,
and
one
makes
Continual
Claim
,
and
then
dies
,
and
after
a
Descent
is
cast
,
Quere
.
If
the
Grandfather
be
a
Disseisor
,
and
dies
seised
within
a
year
after
Continual
Claim
made
,
and
after
the
year
,
and
before
Entry
,
the
Father
dies
,
and
the
Son
enters
,
the
Disseisee
may
enter
upon
him
,
Quaere
,
for
some
think
the
contrary
.
Covenant
,
videVse
.
Damages
.
LAnd
is
given
to
Baron
&
Fem
in
Fee
,
the
Husband
dies
,
the
Wife
waives
the
possession
,
and
recovers
Dower
against
the
Heir
,
she
shall
have
Damages
;
for
when
she
refused
,
the
Husband
shall
be
said
to
die
seised
,
and
so
within
the
Compass
of
the
Statute
.
If
the
Husband
makes
a
Feofment
,
and
takes
an
Estate
to
himself
and
another
in
Fee
,
the
Husband
dies
,
the
Wife
shall
not
recover
Damages
;
for
she
recovers
her
Dower
of
the
Estate
which
he
had
before
,
and
not
of
the
Estate
whereof
he
died
seised
:
So
if
he
had
retaken
in
Fee
upon
Condition
,
&c.
For
the
Law
says
she
is
endowable
of
the
First
Estate
,
and
not
under
the
Condition
.
Daughter
.
A
Man
makes
a
Lease
for
years
,
and
dies
,
having
a
Daughter
,
his
Wife
Enseint
with
a
Son
,
the
Daughter
confirms
the
Estate
of
the
Lessee
to
hold
to
him
for
life
with
Warranty
.
The
Son
is
born
,
and
dies
without
Issue
,
the
Daughter
enters
upon
the
Lessee
,
and
upon
a
Re-entry
she
brings
an
Assize
,
some
think
it
maintainable
.
But
if
the
Son
had
Entred
upon
him
an
Ejectione
Firmae
lies
.
A.
hath
two
Daughters
,
the
Eldest
disseises
the
Father
,
the
Father
dies
,
she
hath
Issue
and
dies
;
the
other
Enters
,
claiming
her
part
of
the
Moity
,
and
she
brings
her
Assize
,
that
was
a
Moot
case
.
If
Tenant
in
tail
discontinues
,
and
dies
,
having
a
Daughter
,
his
Wife
Enseint
with
a
Son.
The
Daughter
Recovers
in
a
Formedon
,
and
dies
before
Execution
without
Issue
,
the
Son
born
after
shall
not
enter
,
nor
sue
Execution
.
If
the
Daughter
recovers
in
value
,
by
reason
of
a
Warranty
of
the
Ancestor
before
the
Birth
of
the
Son
,
the
Son
when
he
is
born
shall
enter
upon
Her
,
for
he
recovers
as
Heir
,
and
it
comes
in
Lieu
,
and
so
shall
be
in
the
same
Degree
as
the
first
Land
was
.
A
man
makes
a
Lease
for
years
,
rendring
a
Rent
upon
Condition
,
and
dies
,
leaving
a
Son
and
a
Daughter
by
one
Venter
,
and
a
Son
by
another
,
the
Eldest
Son
gets
the
Rent
,
and
dies
,
the
Daughter
shall
have
the
Reversion
,
but
the
Condition
is
gone
,
for
she
is
not
Heir
.
If
a
Daughter
enters
by
purchase
,
or
for
Alienation
in
Mortmain
,
she
shall
retaine
against
a
Son
born
after
.
A
man
hath
a
Park
by
Prescription
in
Land
in
Borough
English
,
and
dies
,
having
two
Daughters
,
the
Question
is
,
which
of
them
shall
have
it
?
Some
think
the
youngest
;
for
a
Park
is
nothing
but
Land
inclosed
,
and
a
Liberty
in
Land
shall
ensue
the
nature
of
the
Land
,
also
a
Park
may
be
by
Prescription
,
18
H.
6.
21.
a.
1.
H.
4.
4.
One
may
have
the
Liberty
of
a
Park
without
Allowance
.
Then
if
Prescription
can
make
a
Park
,
there
is
no
doubt
but
that
it
may
be
of
the
nature
of
Borough
English
;
for
the
Comencement
of
it
is
not
known
,
10
H.
7.
6.
per
Keble
.
Vide
Parceners
.
Deed.
A.
makes
a
Feoffment
of
the
Mannor
of
D.
to
which
an
Advowson
is
appendant
,
by
Deed
,
and
makes
a
Letter
of
Atturny
to
make
Livery
,
the
Advowson
shall
not
passe
by
the
delivery
of
the
Deed
before
Livery
be
made
.
If
the
Mannor
of
D.
be
given
by
Deed
,
with
all
the
Woods
,
and
within
the
Deep
there
is
a
Letter
of
Atturny
,
to
make
Livery
,
if
Livery
be
not
made
,
yet
his
Executors
shall
have
the
Wood.
But
if
Livery
be
made
,
then
the
Wood
shall
go
along
with
the
Land.
If
A.
requires
another
,
orgives
him
authority
without
Deed
,
to
write
,
seal
,
and
deliver
a
Grant
of
a
Rent
Charge
out
of
the
Land
of
the
Grantor
,
in
the
name
of
the
Grantor
,
which
is
done
,
the
Grant
is
good
;
for
if
I
make
a
Grant
,
and
command
one
to
deliver
it
,
it
will
be
good
without
Deed.
So
if
I
by
Paroll
deliver
it
him
as
an
Escrowle
,
to
be
delivered
as
my
Deed
,
upon
Condition
to
be
performed
,
that
is
good
,
But
an
Authority
to
make
Livery
must
be
by
Deed.
Neither
shall
a
Woman
aver
the
Assent
of
the
Father
for
Dower
,
Ex
Assensu
patris
,
without
Deed.
Neither
can
the
Lessor
Authorize
the
Lessee
to
commit
Wast
without
Deed.
If
an
Infant
delivers
a
Deed
which
bares
date
two
years
after
,
and
at
the
end
of
the
two
years
he
is
of
full
age
,
he
shall
not
be
Estopped
to
shew
the
delivery
before
the
date
,
no
more
than
a
Fem
Covert
,
otherwise
every
Infant
may
be
deluded
.
Debt
.
LEssee
for
forty
years
makes
a
Lease
for
ten
years
,
rendring
a
Rent
,
the
first
Lessee
surrenders
,
the
Lessor
brings
Debt
against
the
second
Lessee
,
Quaere
.
A
man
shall
not
have
Debt
for
Releif
or
Escuage
granted
unto
him
;
for
it
is
mixt
in
the
Realty
,
but
his
Executors
shall
,
but
he
must
distrein
.
So
the
Lord
shall
not
have
an
Action
of
Debt
for
Ayd
pur
file
marier
,
or
pur
fair
fits
Chivalier
.
But
if
he
dies
before
it
be
levied
,
the
Tenant
shall
be
discharged
of
it
.
An
Action
of
Debt
shall
not
be
brought
against
the
Heir
,
and
his
Brother
in
Borough
English
,
where
the
Eldest
hath
nothing
by
descent
,
as
it
shall
be
against
the
Heirs
in
Gavel
Kind
;
for
there
he
may
have
a
joint
judgement
against
all
,
and
not
against
the
Eldest
in
the
other
case
,
for
he
hath
nothing
upon
which
it
may
be
levied
,
Quod
nota
.
An
Action
of
Debt
brought
by
Executors
shall
be
in
the
Detinet
only
,
although
it
be
for
Arrears
of
Rent
incurred
after
the
death
of
the
Testator
.
So
it
shall
be
against
a
man
acccomptable
to
the
Testator
.
A
Seignory
is
granted
for
years
,
the
Rent
is
Arrear
,
and
the
Tenant
dies
,
the
years
expire
,
if
the
Grantee
shall
have
an
an
Action
of
Debt
against
the
Heir
,
because
it
was
due
in
the
time
of
his
Father
,
and
also
some
was
due
in
his
own
time
,
or
if
he
shall
have
an
Action
of
Debt
against
the
Executors
,
for
that
which
was
due
in
the
Testators
life
time
,
or
is
without
Remedy
?
Some
say
that
the
Heir
,
shall
not
be
charged
in
Debt
,
if
the
Father
die
,
not
oblige
himself
and
his
Heirs
expressely
,
and
the
Executors
shall
not
be
charged
,
for
they
were
not
chargeable
by
the
death
of
the
Testator
,
for
at
that
time
the
Grantee
could
not
have
an
Action
of
Debt
,
but
his
remedy
was
by
distresse
;
for
then
the
years
were
not
expired
,
and
so
no
remedy
.
9
H.
7.
17.
a.
Co.
4.
49.
An
Annuity
is
granted
for
the
life
of
A.
the
Grantee
releases
all
Actions
of
Annuity
,
he
shall
not
have
an
Action
of
Debt
for
the
Arrerages
,
although
that
A.
dies
afterwards
.
Devastavit
,
vide
Executor
.
Devise
.
A
Woman
hath
Issue
a
Son
,
and
by
another
Husband
hath
Issue
another
Son
,
the
second
Husband
devises
Land
to
the
Wife
for
life
,
the
Remainder
to
the
next
of
the
blood
of
the
Wife
.
The
youngest
Son
shall
take
in
Remainder
,
although
it
be
true
that
one
is
not
nearer
of
blood
to
the
Mother
than
the
other
,
and
the
Eldest
is
of
the
most
worthy
blood
,
yet
he
is
not
neerest
,
and
so
it
is
uncertain
who
should
take
,
according
to
the
letter
of
the
Will
,
yet
the
Intent
(
which
is
always
to
be
considered
in
Wills
)
shall
be
construed
in
Favour
of
the
youngest
,
because
he
was
Issue
of
the
Devisor
,
Pasc
.
5.
Eliz.
A
great
Case
was
argued
in
the
Exchequer
.
There
were
three
Brothers
,
the
second
brother
purchased
Land
,
and
devised
it
to
his
Son
in
tail
,
and
if
he
died
without
Issue
,
that
then
it
should
remain
to
the
next
of
the
Kindred
of
the
Lineage
of
the
Father
,
the
Eldest
Son
was
then
dead
,
having
a
Son
,
it
was
adjudged
that
the
Son
of
the
Eldest
should
have
the
Land
,
for
he
is
next
of
the
Lineage
.
For
Lineage
shall
be
taken
in
a
Lineall
descent
,
which
is
the
most
worthy
Line
,
Dy.
333.
pl.
29.
A
Devise
to
the
next
of
Blood
,
the
Son
of
the
Eldest
Brother
shall
have
it
before
the
younger
Brother
.
If
Land
be
devised
upon
Condition
,
or
rendring
a
Rent
,
that
is
void
;
for
it
cannot
be
good
in
either
case
,
except
the
Reservor
might
take
advantage
of
it
,
and
the
Heir
cannot
have
that
which
his
Ancestor
could
not
.
And
if
a
man
devise
Land
with
Warranty
,
that
is
void
,
because
the
Father
was
not
bound
.
But
to
some
there
seems
a
Diversity
;
for
in
the
last
case
there
is
a
Charge
to
the
Heir
,
and
in
the
first
it
is
for
his
advantage
.
If
the
Lord
devises
Land
to
his
Villein
,
this
is
an
Infranchisment
against
the
Heir
,
and
yet
he
was
the
Villein
of
the
Heir
when
the
Devise
took
Effect
.
A
man
having
three
Daughters
,
devises
to
them●
hundred
pound
a
piece
for
their
marriage
Portions
,
and
if
any
of
them
die
before
their
Marriage
,
then
the
other
should
have
her
Portion
by
Survivor
,
one
dies
in
the
life
of
the
Father
,
the
other
shall
have
three
hundred
pound
after
the
death
of
the
Father
,
and
yet
nothing
survived
,
for
she
had
nothing
in
possession
,
yet
they
shall
take
it
by
the
,
intent
of
the
Devisor
;
for
when
he
says
,
that
if
any
of
them
die
before
their
Marriage
,
that
the
other
shall
have
her
Portion
,
this
makes
it
in
nature
of
a
Remainder
,
and
then
though
the
first
Devisee
does
die
in
the
life
of
the
Testator
,
yet
he
in
Remainder
shall
take
the
Estate
per
Manwood
,
Dy.
127.
P.
59.
As
a
Devise
to
a
Monk
,
the
Remainder
to
another
,
the
Remainder
is
good
.
A.
Devises
Land
upon
Condition
,
and
if
the
Condition
be
broke
,
that
his
Executors
shall
sell
the
Land
,
the
Devise
as
to
the
Executors
is
void
;
for
the
Heir
must
enter
for
the
Condition
broken
,
and
then
he
shall
hold
it
discharged
of
all
Conditions
.
A.
Devises
twenty
pound
to
B.
when
he
arrives
at
the
age
of
six
and
twenty
years
,
and
if
he
dies
before
,
he
Devises
it
to
C.
B.
releases
to
the
Executors
of
A.
before
he
attain●
〈◊〉
age
of
six
and
twenty
years
,
if
it
shall
be
a
Bar
?
Quaere
.
If
A.
Devises
twenty
pound
yearly
for
twenty
years
,
the
Devisee
hath
no
Remedy
for
his
not
Is●uing
out
of
any
Land
;
for
he
can
not
take
it
as
a
Legacy
,
and
an
An●●●●y
does
not
lie
against
Executors
,
for
the
Testator
was
never
charged
.
A
Jointure
cannot
be
made
by
Devise
,
for
Land
was
not
then
Devisable
,
and
the
Wife
was
discovert
when
the
Devise
took
effect
.
If
Land
be
Devised
to
an
Alien
,
and
he
is
made
a
Denizen
before
the
Devisor
dies
,
he
shall
take
by
the
Devise
;
for
all
takes
effect
after
the
death
of
the
Devisor
.
Disablement
.
IF
I
grant
an
Annuity
upon
Condition
that
the
Grantee
shall
promote
me
to
a
Benefice
within
seven
years
,
within
which
time
I
marry
,
and
my
Wife
dies
within
the
Term
,
yet
the
Grantee
is
discharged
;
for
I
had
once
Disabled
my self
to
accept
of
the
Benefice
,
and
he
had
the
Liberty
to
have
tendered
it
at
that
time
,
and
I
being
then
Disabled
to
receive
it
,
it
countervails
a
T●●●●●r
and
Refusall
.
So
if
I
am
bound
to
marry
a
woman
by
such
a
day
,
and
she
marries
another
,
and
the
Husband
dies
before
the
day
,
yet
I
am
discharged
of
my
Obligation
.
But
if
he
who
was
to
be
promoted
,
or
married
had
been
a
Stranger
to
the
Obligations
,
it
had
been
otherwise
.
If
I
am
bound
to
enfeoffe
the
Obligee
before
a
day
,
and
before
the
day
he
takes
a
Lease
for
yeares
of
the
same
Land
,
which
expire
before
the
day
,
yet
I
am
discharged
;
but
it
had
bin
otherwise
if
there
had
been
no
day
limited
;
for
there
it
is
not
to
be
done
before
request
.
A
Feoffment
is
made
to
Re-infeoffe
,
the
Feoffee
grants
a
Rent
Charge
,
the
Grantee
brings
a
Writ
of
Annuity
,
and
recovers
,
if
this
be
a
Disablement
to
Re-infeoffe
,
Quaere
?
Disagreement
.
A
Lease
is
made
to
Baron
&
Fem
for
the
life
of
the
Baron
,
the
Remainder
to
the
Right
Heirs
of
the
Husband
,
the
Husband
dies
,
the
Wife
cannot
Disagree
,
for
the
Estate
is
determined
.
But
if
the
Estare
had
been
made
to
them
by
a
Disseisor
,
she
might
disagree
to
save
herself
from
Damages
.
If
Land
be
given
to
Baron
&
Fem
in
Fee
,
and
the
Baron
makes
a
Feoffment
,
and
an
Ancestor
collaterall
of
the
Wife
Releases
with
Warranty
,
and
dies
,
the
Husband
dies
,
the
Wife
cannot
disagree
and
claim
her
Dower
,
for
her
Estate
was
bound
,
and
her
Right
determined
by
the
Warranty
.
If
the
Husband
be
remitted
to
an
Estate
,
the
Wife
may
disagree
,
and
claim
her
Dower
.
An
Atturnment
is
good
,
although
he
that
Atturned
doth
after
disagree
.
Vide
Dower
,
&
Baron
&
Fem.
Discharge
.
IF
the
Disseisee
enters
upon
the
Heir
of
the
Disseisor
,
end
grants
a
Rent
Charge
and
dies
,
the
Issue
shall
hold
it
discharged
,
for
he
is
remitted
to
his
ancient
Right
.
So
if
the
Heir
of
the
Disseisee
enters
upon
the
Disseisor
,
and
grants
a
Rent
Charge
,
and
the
Disseisee
dies
.
But
if
the
Son
disseises
the
Father
,
and
A.
and
the
Father
dies
,
he
shall
hold
it
charged
,
for
he
is
not
remitted
.
If
the
Father
disseiseth
the
Grandfather
,
and
grants
a
Rent
Charge
,
and
dies
,
the
Son
shall
hold
it
discharged
,
for
he
claims
from
the
Grandfather
.
Lord
,
Mesne
,
and
Tenant
,
the
Tenant
aliens
in
Mortmain
,
the
Lord
enters
,
and
grants
a
Rent
Charge
;
and
after
his
Title
is
come
,
viz.
the
year
is
past
,
and
the
Mesne
hath
not
entred
,
the
Lord
shall
hold
it
discharged
,
and
his
Issue
also
;
for
he
shall
not
be
remitted
for
a
Title
,
as
he
shall
be
for
a
Right
accrued
.
If
the
Father
disseises
the
Grandfather
,
and
dies
,
and
the
Son
enters
,
and
grants
a
Rent
Charge
,
and
the
Grandfather
dies
,
he
shall
hold
it
discharged
,
although
he
was
of
full
age
at
the
time
of
the
Grant.
As
if
Tenant
in
tail
infeoffes
his
Issue
within
Age
,
who
grants
a
Rent
Charge
at
full
age
,
and
then
the
Tenant
in
tail
dies
,
the
Issue
shall
hold
it
discharged
.
If
the
Disseisor
grants
a
Rent
Charge
to
the
Disseisee
,
who
grants
it
over
,
and
after
enters
,
he
shall
hold
it
discharged
.
So
if
Tenant
Pur
auter
vye
grants
a
Rent
Charge
,
and
the
Reversion
descends
upon
him
,
and
cesty
que
vye
dies
,
he
shall
hold
it
discharged
.
If
a
Stranger
disseises
the
Father
,
and
grants
a
Rent
Charge
,
and
infeoffes
the
Son
,
and
the
Father
dies
,
he
shall
hold
it
discharged
.
Land
is
given
to
A.
and
B.
for
their
lives
,
the
Remainder
to
the
Right
Heirs
of
him
who
survives
.
B.
grants
a
Rent
Charge
in
Fee
,
A.
dies
,
if
the
Heir
of
B.
shall
hold
it
discharged
,
Quaere
.
If
it
had
been
given
to
them
,
Quam
diu
simul
vixerint
,
and
to
the
Heirs
of
him
who
first
dies
,
the
Heir
shall
not
take
the
Land
by
descent
,
but
by
purchase
.
A.
having
a
Wife
,
makes
a
Feoffment
upon
Condition
,
and
dies
,
the
Wife
is
endowed
by
the
Feoffee
,
and
then
grants
her
Estate
to
the
Feoffee
,
reserving
a
Rent
by
Indenture
,
the
Heir
enters
for
the
Condition
broken
,
he
shall
hold
it
discharged
of
the
Rent
,
Note
her
Title
to
the
Land
was
Paramount
to
the
Condition
,
but
Puisne
to
the
Rent
.
If
a
Dean
hath
a
Rent
Charge
in
Fee
,
and
the
Tenant
aliens
the
Land
to
the
Dean
in
Fee
,
the
Lord
enters
for
the
Alienation
in
Mortmaine
,
he
shall
hold
it
discharged
of
the
Rent
,
for
when
he
entred
for
the
Alienation
in
Mortmain
,
he
did
not
avoid
the
Livery
,
but
affirm'd
it
by
his
Entry
.
So
if
the
Dean
before
the
Entry
had
entred
into
a
Statute
,
the
Lord
should
have
holden
it
discharged
of
the
Execution
.
But
if
Tenant
for
life
aliens
in
Fee
to
him
that
hath
a
Rent
Charge
issuing
out
of
the
Land
,
and
the
Lessor
enters
,
for
the
forfeiture
,
he
shall
not
hold
it
discharged
:
for
the
Lessor
hath
the
same
Feesimple
he
had
before
the
making
the
Lease
,
and
has
his
own
Estate
,
and
not
the
Estate
which
the
Lessee
gave
to
the
Feoffee
.
Many
think
the
contrary
in
the
first
case
;
for
his
Estate
in
the
Land
was
always
defeasable
.
Vide
Charge
,
Rent
,
Execution
.
Discent
.
A
Disseisor
infeoffes
his
Wives
Father
who
dies
,
so
that
the
Land
descends
upon
the
Wife
,
if
the
Disseisee
may
enter
,
Quaere
?
The
Husband
surrenders
the
Freehold
of
his
Wife
to
him
in
Reversion
,
who
dies
seised
,
if
the
Wife
may
enter
after
the
death
of
her
Husband
?
for
there
seems
to
be
a
discent
.
If
a
Gift
in
tail
,
or
Lcase
for
life
be
made
,
rendring
a
Rent
with
a
Re-entry
,
for
default
of
payment
;
the
Lessor
hath
cause
of
Entry
,
and
the
Estate
in
tail
expire
,
or
Lessee
for
life
dies
,
after
a
Disseisin
,
or
Descent
,
yet
the
Lessor
,
&c.
may
enter
,
for
the
Land
was
recontinuable
at
all
times
.
And
if
Tenant
for
years
,
with
a
Condition
be
outed
:
after
the
term
and
a
Discent
cast
,
the
Lessor
shall
enter
for
the
Condition
broken
.
Lessee
for
years
,
the
Remainder
in
tail
,
he
in
Remainder
grants
in
Fee
,
the
Lessee
at
turns
,
the
years
expire
,
the
Grantee
enters
,
and
dies
seised
,
Tenant
in
tail
dies
,
the
Issue
may
enter
,
for
the
Grant
was
but
for
the
life
of
Tenant
in
tail
,
and
then
he
died
not
seised
in
Fee
,
and
if
the
dying
seised
had
been
after
the
death
of
Tenant
in
tail
.
If
it
will
take
away
the
Entry
,
Quaere
:
But
if
the
Issue
of
the
Issue
of
the
Grantee
had
entred
and
died
seised
,
the
Entry
had
been
taken
away
.
If
Tenant
in
tail
infeoffs
his
Donor
,
who
dies
seised
,
the
discent
will
take
away
the
Entry
of
the
Issue
,
Quaere
?
If
there
be
two
Sons
,
and
the
youngest
hath
two
Daughters
,
the
Grandfather
seised
of
two
Acres
at
Common
Law
,
and
twenty
in
Borough
English
,
gives
the
two
Acres
with
the
youngest
in
Frankmarriage
,
the
youngest
Son
dies
,
the
Grandfather
dies
siesed
,
the
twenty
.
Acres
shall
descend
equally
to
the
two
Daughters
,
and
the
two
Acres
shall
not
be
put
in
Hotch
potch
;
for
the
Custom
as
well
as
the
descent
makes
the
Title
.
The
Disseisor
dies
without
Heir
,
his
Wife
enseint
,
the
Lord
enters
,
a
Son
is
born
,
the
Disseisee
enters
upon
the
Lord.
If
the
Entry
had
been
before
the
Birth
it
had
been
Lawfull
,
and
he
Remitted
.
If
a
Stranger
abates
,
the
Disseisor
having
Issue
,
or
if
after
abatement
a
Son
had
been
born
,
the
Disseisee
could
not
have
entred
;
for
the
Abator
may
say
that
the
Land
descended
to
the
Issue
whose
Estate
he
has
.
If
the
Tenant
makes
a
Feoffment
,
Pending
the
Praecipe
against
him
,
the
Plaintiffe
Recovers
,
then
the
Feoffee
dies
seised
,
the
Plaintiffe
cannot
enter
upon
the
Heir
;
for
the
dying
seised
was
after
the
Judgement
,
&
Tanta
mount
,
as
if
the
Feofment
and
Discent
had
been
both
after
Judgement
,
and
then
it
had
been
cleer
that
the
Entry
had
been
taken
away
;
for
the
Discent
is
the
Title
,
and
not
the
Feoffment
.
But
if
the
Discent
had
been
hanging
the
Writ
,
that
would
not
have
taken
away
the
Entry
.
But
if
a
Recovery
be
had
against
Tenant
for
life
,
and
he
dies
,
and
he
in
Remainder
Enters
,
and
dies
seised
,
that
shall
not
take
away
the
entry
of
the
Recoveror
;
for
all
the
Estate
is
recovered
,
and
he
in
Remainder
is
as
privy
as
if
the
Action
had
been
brought
against
him
immediately
,
so
of
him
in
Reversion
.
Br.
Ent.
Cong
.
116.
The
King
being
seised
,
A.
intrudes
,
the
King
Grants
it
away
,
A.
continues
in
possession
,
and
dies
seised
,
this
Discent
will
not
take
away
the
Entry
of
the
Grantee
,
for
then
he
were
without
remedy
,
as
if
Land
be
devised
,
and
a
Stranger
Abates
,
and
dies
,
that
shall
not
toll
the
Entry
of
the
Devisee
.
Discontinuance
IF
Land
be
given
to
two
,
and
to
the
Heirs
of
the
body
of
one
,
and
he
which
hath
the
Estate
in
tail
makes
a
Feoffment
,
and
both
die
,
this
is
no
Discontinuance
,
for
any
part
;
for
he
was
not
seised
of
the
Estate
in
tail
at
the
time
of
the
Feoffment
.
If
Tenant
in
tail
makes
a
Lease
for
life
,
the
Remainder
for
life
,
and
after
Releases
to
him
in
the
Remainder
,
and
his
Heirs
,
this
is
a
Discontinuance
.
If
the
first
Tenant
for
life
dies
in
the
life
of
Tenant
in
tail
.
If
Tenant
in
tail
makes
a
Gift
in
tail
to
A.
and
after
Releaseth
to
him
in
Fee
,
and
dies
,
and
A.
dies
without
Issue
,
the
Issue
in
tail
may
enter
upon
the
collaterall
Heir
of
A.
for
the
Fee
was
not
Executed
in
the
life
of
Tenant
in
tail
,
though
it
passed
out
of
him
.
Quaere
of
all
these
cases
.
If
the
Grandfather
be
Tenant
in
tail
,
and
makes
a
Gift
to
Baron
&
Fem
in
tail
,
the
Husband
dies
without
Issue
,
the
Grandfather
dies
,
the
Father
Releases
to
the
Wife
,
being
Tenant
after
possibility
,
and
to
her
Heirs
,
and
dies
,
the
Wife
dies
,
the
Issue
cannot
enter
upon
the
Heir
of
the
Wife
;
for
though
it
be
no
Discontinuance
,
yet
when
the
Wife
came
to
the
Fee
simple
,
the
Fee
was
Executed
,
and
then
she
died
seised
in
Fee
,
and
the
Discent
takes
away
the
Entry
.
But
if
the
Wife
had
been
Tenant
in
tail
,
and
then
she
had
died
without
Issue
,
it
had
been
otherwise
;
for
then
she
had
not
died
seised
,
but
of
an
Estate
tail
in
possession
,
and
a
Fee
in
Reversion
,
and
that
will
not
take
away
an
Entry
.
If
Tenant
in
tail
infeoffes
the
Wife
of
the
Donor
,
that
is
a
Discontinuance
.
If
Tenant
in
tail
infeoffes
the
Donor
and
a
Stranger
,
that
is
a
Discontinuance
of
all
for
the
benefit
of
the
Stranger
.
If
Tenant
in
tail
of
a
Rent
grant
that
in
Fee
,
that
is
no
Discontinuance
,
for
the
Grant
endures
no
longer
than
for
his
own
life
.
If
Tenant
in
tail
makes
a
Lease
for
the
life
of
the
Lessee
,
and
then
disseises
him
,
and
makes
a
Feofment
in
Fee
,
the
Lessee
dies
,
and
Tenant
in
tail
dies
,
that
is
no
Discontinuance
;
for
the
Fee
was
not
Executed
by
lawfull
means
.
So
if
Tenant
in
tail
makes
a
Lease
for
life
,
and
grants
the
Reversion
,
the
Grantee
disseises
Tenant
for
life
,
Tenant
for
life
,
and
Tenant
in
tail
die
,
this
is
no
Discontinuance
,
for
the
Fee
was
not
executed
according
to
the
Grant.
But
if
Tenant
in
tail
makes
a
Lease
for
her
own
life
,
and
disseises
Tenant
for
life
,
and
makes
a
Feofment
,
that
is
no
Discontinuance
;
for
by
the
Disseisin
he
was
seised
in
Fee
,
and
the
Fee
was
devested
out
of
the
Donor
,
and
then
he
was
not
Tenant
in
tail
.
The
first
case
seems
cleerer
,
if
Tenant
in
tail
dies
,
living
Tenant
for
life
.
If
Tenant
in
tail
makes
a
Lease
for
the
life
of
the
Lessee
,
who
is
disseised
,
and
Tenant
in
tail
Releases
to
the
Disseisor
without
Warranty
,
Tenant
for
life
,
and
Tenant
in
tail
die
,
this
is
a
Discontinuance
in
Fee
;
for
the
Disseisor
had
the
same
Fee
executed
in
the
life
of
Tenant
in
tail
which
was
first
made
,
as
if
he
had
after
Released
to
Tenant
for
life
,
which
would
have
countervailed
an
Entry
and
Feofment
.
A.
makes
a
Gift
in
tail
to
B.
who
makes
a
Gift
in
tail
to
C.
who
makes
a
Feoffment
,
and
dies
without
Issue
.
Nothing
made
a
Discontinuance
to
the
Issue
of
B.
but
the
Livery
of
B.
for
by
that
the
Reversion
of
the
Donor
was
discontinued
.
But
when
C.
died
without
Issue
,
that
Livery
is
determined
,
and
the
Discontinuance
purged
;
and
the
Feofment
of
C.
being
a
Stranger
to
the
first
in
tail
,
cannot
be
a
Discontinuance
,
especially
when
there
was
but
a
Right
of
the
Intall
discontinued
by
the
Feofment
of
B.
and
a
Right
cannot
be
discontinued
.
If
Tenant
in
tail
be
disseised
,
and
Releases
to
the
Disseisor
with
Warranty
,
and
is
attainted
of
Felony
,
and
hath
his
pardon
,
and
dies
,
that
is
a
Discontinuance
;
for
if
he
had
purchased
the
Land
after
his
pardon
,
it
should
have
gone
to
his
Issue
,
which
proves
that
the
blood
between
him
and
his
Issue
is
not
corrupt
,
as
it
is
between
him
and
his
Ancestor
;
then
seeing
the
Warranty
was
in
being
at
the
time
of
his
death
,
there
is
no
Impediment
but
that
it
should
descend
.
Disseisor
.
LORD
and
Tenant
of
twelve
Acres
by
twelve
pence
,
the
Tenant
makes
a
Lease
of
one
Acre
for
years
,
the
Lessee
enfeoffs
the
Lord
,
he
may
avow
for
eleven
pence
,
for
though
he
is
a
Disseisor
by
the
Statute
,
yet
to
another
intent
he
is
in
by
Feoffment
;
for
if
Lessee
for
years
infeoffs
two
,
a
Release
to
one
will
inure
to
both
.
If
there
be
two
Disseisors
of
a
house
,
to
which
Estovers
are
appendant
,
and
a
Release
is
made
to
one
,
the
Estovers
Remain
for
part
,
for
the
Release
doth
not
countervail
an
Entry
and
Feofment
.
If
the
Lord
procures
one
to
disseise
the
Tenant
,
and
then
the
Disseisor
Ceaseth
,
and
the
Lord
Recovers
,
he
shall
retain
against
the
Disseisee
;
for
the
procurement
does
not
make
him
a
Disseisor
,
50
E.
3.
2.
v.
Lit.
in
Remit
.
cont
.
If
the
Issue
in
tail
procure
one
to
Disseise
the
Disseisor
of
his
Fa●ther
,
whose
Heir
is
in
by
descent
,
against
whom
the
Heir
recovers
,
the
Issue
shall
retain
it
.
If
the
Disseisor
makes
a
Feoffment
,
and
marries
with
the
Disseisee
,
he
may
enter
in
his
Wives
Right
.
After
a
Dissent
,
if
the
possession
comes
to
the
Disseiso●
,
the
Disseisee
may
enter
,
for
the
Action
remains
to
him
after
the
descent
.
If
one
Disseises
Tenant
for
life
to
the
use
of
him
in
Reversion
,
and
he
agrees
,
if
he
shall
have
the
new
Fee
,
or
the
ancient
;
for
now
he
is
a
Disseisor
ab
initio
.
If
he
had
been
a
Disseisor
immediately
he
had
gained
but
a
Freehold
by
Tort
,
but
now
he
Agrees
to
that
which
another
hath
,
and
that
is
a
Fee.
If
one
Jointenant
makes
a
Lease
for
years
of
his
part
,
a
Stranger
enters
,
claiming
the
Moity
of
the
other
,
who
waives
the
possession
,
that
is
a
Disseisin
to
him
,
though
the
Termer
continues
in
possession
;
for
they
were
Tenants
in
Common
.
Otherwise
,
if
the
Termor
had
waived
the
possession
,
and
the
other
had
continued
in
;
for
the
Reversioner
cannot
be
out
of
possession
when
his
joint
companion
held
in
.
Divorce
.
A
Reversion
is
granted
to
Baron
&
Fem
,
and
to
a
single
man
and
Woman
in
Fee
,
the
single
persons
marry
and
the
Tenant
Atturns
,
then
the
single
man
and
woman
are
divorced
,
the
Baron
&
Fem
shall
have
but
a
third
part
.
Land
is
given
to
I.
and
A.
his
Wife
,
and
to
another
Baron
&
Fem
in
Fee
,
they
are
disseised
,
and
I.
releases
to
the
Disseisor
,
and
then
I.
and
A.
are
divorced
,
for
cause
which
hath
relation
.
A.
and
the
Baron
&
Fem
bring
an
Assise
,
leaving
out
I.
Some
think
it
is
maintainable
;
for
when
I.
and
A.
are
divorced
,
yet
the
other
Baron
&
Fem
shall
hold
the
Moity
to
them
;
for
being
the
purchase
took
effect
,
and
vested
by
the
Livery
,
and
at
that
time
the
Baron
&
Fem
not
being
divorced
took
a
Moity
,
which
remains
still
.
A
Lease
for
life
is
made
to
a
Fem
sole
,
she
marries
,
the
Lessor
grants
the
Reversion
,
the
Husband
atturns
,
and
after
they
are
divorced
,
yet
the
Wife
cannot
avoid
the
Atturnment
.
A
woman
is
divorced
,
upon
a
surmise
made
by
the
Husband
,
of
a
Precontract
upon
her
part
:
the
Wife
being
seised
of
Land
makes
her
Will
,
and
devises
it
away
,
an
Appeal
then
depending
by
the
Husband
to
defeat
the
Divorce
.
Quaere
,
if
the
Appeal
be
not
void
,
being
sued
by
the
Baron
;
for
he
is
not
the
party
grieved
;
for
he
was
the
first
Agent
in
the
Divorce
,
and
therefore
it
ought
to
have
ben
sued
by
the
Wife
,
and
so
the
Devise
stands
good
.
2
R.
2.
Quare
Impedit
.
143.
Dy.
140.
P.
46.4
H.
7.
Peckams
case
,
10
H.
7.
12.
24
H.
8.
Ravishment
.
11.
39.
E.
3.
33.
A
man
marries
an
Insidel
,
the
Wife
commits
Adultery
,
and
then
becomes
a
Proselite
to
the
Christian
Religion
.
Quaere
,
if
this
Adultery
,
committed
before
her
Conversion
,
be
a
sufficient
cause
whereupon
the
Husband
may
sue
a
Divorce
?
Dower
.
LAnd
is
given
to
Husband
and
Wife
in
speciall
tail
,
reserving
a
Rent
,
the
Wife
of
the
Donor
brings
Dower
against
the
Heir
of
the
Husband
,
for
the
third
part
of
the
Rent
.
A.
having
a
Daughter
dies
,
his
Wife
enseint
,
with
a
Son
,
the
Daughter
disclaims
,
the
Lord
Recovers
,
in
right
of
the
Disclaimer
,
a
Son
is
born
,
the
Lord
dies
,
and
the
Land
descends
to
his
Son
,
the
Wife
of
the
Lord
brings
Dower
against
him
.
A.
grants
a
Rent
Charge
in
Fee
,
to
commence
after
the
death
of
the
Grantee
,
who
dies
,
the
Wife
of
the
Grantee
shall
not
be
endowed
,
and
yet
the
Son
takes
as
Heir
.
But
it
was
not
in
the
Father
,
and
it
shall
not
be
Assetts
in
the
Heir
.
But
if
the
Rent
had
been
granted
upon
Condition
,
that
if
the
Grantee
,
or
his
Heirs
die
,
their
Issue
within
age
,
that
the
Rent
should
cease
until
the
Issue
comes
of
full
age
,
if
the
Grantee
dies
,
his
Issue
within
age
,
his
Wife
shall
be
endowed
.
but
the
Execution
shall
cease
until
the
heir
be
of
full
age
.
As
if
the
Tenant
be
in
Ward
to
the
Lord
,
and
the
Lord
marries
,
and
dies
possest
of
the
Ward
,
his
Wife
shall
be
endowed
of
the
Seignory
,
which
was
in
suspence
;
for
the
Freehold
was
in
the
Husband
,
so
in
the
last
case
before
,
24
E.
3.
the
Wife
of
the
Father
brought
a
Writ
of
Dower
against
the
Heir
within
age
,
and
Recovered
,
but
cessat
Executio
until
,
&c.
If
the
Heir
doth
Improve
the
Land
,
the
Wife
shall
recover
her
Dower
of
it
as
it
is
.
But
if
it
be
by
building
,
or
other
collaterall
Improvement
,
't
is
otherwise
.
Quaere
,
if
the
Heir
suffers
the
Houses
to
decay
upon
the
Land
,
if
the
Wife
shall
be
endowed
according
to
the
value
it
was
in
the
possession
of
her
Husband
,
or
as
it
is
now
,
and
shall
be
allow'd
in
Damages
?
The
Son
of
the
Disseisor
endows
his
Wife
Ex
assensu
patris
,
the
Disseisee
releaseth
to
the
Disseisor
,
if
the
Dower
shall
be
avoided
?
The
Tenant
Ceases
for
two
years
,
and
after
marries
,
the
Lord
Recovers
in
a
Cessavit
,
the
Tenant
dies
,
his
wife
shall
be
endowed
against
the
Lord.
If
a
Rent
be
reserved
upon
a
Lease
for
life
the
Wife
shall
not
have
dower
;
for
he
hath
not
a
Fee
,
neither
shall
the
Heir
have
an
Assize
of
Mortdancestor
.
If
a
Disseisor
grants
a
Rent
Charge
,
and
is
disseised
,
and
a
Release
is
made
to
the
second
Disseisor
,
the
Wife
shall
not
be
endowed
,
for
her
Dower
is
Executory
.
If
a
Woman
hath
cause
to
have
Dower
of
one
and
the
same
Acre
,
as
Wife
to
A.
and
B.
If
she
be
barr'd
as
Wife
to
A.
yet
she
shall
have
it
as
Wife
tp
B.
If
a
Lease
be
made
to
Baron
&
Fem
for
the
life
of
the
Husband
the
Remainder
to
the
Heirs
of
the
Husband
,
who
dies
,
the
wife
shall
not
have
Dower
;
for
she
cannot
disagree
to
an
Estate
determined
.
If
Land
be
given
to
Baron
&
Fem
in
Fee
,
the
Husband
makes
a
Feoffment
,
an
Ancestor
collateral
of
the
Wife
,
releases
With
Warranty
,
and
dies
,
the
Husband
dies
,
the
Wife
cannot
disagree
,
and
claim
her
Dower
where
the
Estate
was
bound
,
and
her
Right
determined
by
the
Warranty
.
If
a
Villaine
purchase
●an
Estate
in
tail
,
the
Lord
enters
,
and
dies
,
his
Wife
shall
not
have
Dower
;
for
being
the
Law
gave
unto
him
his
Entry
,
the
Law
will
not
give
more
to
him
than
the
Villein
might
lawfully
give
,
which
was
an
Estate
for
his
own
life
.
If
Tenant
in
tail
,
the
Reversion
in
the
King
be
disseised
,
the
Disseisor
dies
,
his
Wife
shall
not
recover
her
Dower
,
no
more
than
if
a
Discontinuance
takes
away
an
Entry
.
If
there
be
two
Tenants
in
Common
,
and
one
hath
a
Wife
,
and
the
Reversion
is
granted
to
both
of
them
,
and
he
which
hath
the
Wife
dies
,
the
Wife
shall
be
endowed
of
a
third
part
of
a
fourth
part
,
if
the
Reversion
passed
severally
;
for
then
the
Reversion
and
the
Fee
are
Executed
for
the
fourth
part
.
A
Gift
in
tail
is
made
rendring
,
during
the
life
of
the
Donor
,
Socage
tenure
,
and
after
his
death
Knight
service
,
the
Wife
shall
be
endowed
of
the
Knights
service
.
If
a
Rent
be
granted
for
life
,
and
after
by
another
Deed
the
Grantor
releases
all
his
Right
in
the
Rent
,
and
if
it
be
behind
,
that
the
Grantee
and
his
Heirs
shall
distrain
,
the
Wife
shall
not
be
endowed
;
for
it
is
still
but
a
Rent
Seck
,
and
the
distress
a
Penalty
,
8
H.
4.18
.
A
Disseisor
having
a
Wife
makes
a
Lease
for
life
,
the
Lessee
makes
a
Lease
to
the
Wife
for
her
life
,
the
Husband
accepts
the
Deed
,
and
agrees
to
it
,
the
Husband
dies
,
the
Wife
disagrees
to
the
Lease
,
the
Lessor
Enters
against
whom
she
brings
Dower
.
It
is
cleer
,
if
a
Disseisor
,
having
a
Wife
,
makes
a
Lease
to
A.
for
life
,
who
makes
a
Lease
to
B.
for
life
,
and
the
Disseisee
releaseth
to
B.
the
Wife
of
the
Disseisor
shall
be
endowed
;
for
the
Release
does
not
countervail
an
Entry
and
Feofment
.
If
a
Disseisor
be
Disseised
,
and
the
Disseisee
releaseth
to
the
second
Disseisor
,
that
takes
away
the
Dower
of
the
first
Disseisors
Wife
.
But
in
the
first
casethe
Husband
is
remitted
,
and
no
possession
in
the
Wife
whereupon
a
Release
may
operate
,
and
so
she
may
disagree
and
claim
her
Dower
.
If
an
Estate
be
confirmed
in
a
Rent
Seek
,
and
if
it
be
behind
,
that
it
shall
be
lawfull
for
him
and
his
Heirs
to
distrain
,
the
Wife
shall
not
have
Dower
;
for
it
is
stil
but
a
Rent
Seck
,
and
the
Distresse
but
a
penalty
.
Tenant
in
tail
of
a
Rent
discontinues
it
with
Warranty
,
the
Issue
having
a
Wife
,
is
barr'd
in
a
Formedon
by
the
Warranty
and
Assetts
,
yet
his
Wife
shall
be
endowed
;
for
the
Grant
was
void
by
the
death
of
Tenant
in
tail
,
and
the
Issue
had
possession
in
Law
,
and
might
have
distrained
,
and
though
he
determined
his
Election
,
yet
it
shall
not
prejudice
his
Wife
.
If
the
Husband
disagrees
to
a
Remainder
,
the
Wife
shall
not
be
endowed
,
otherwise
to
a
Dissent
.
If
a
Rent
Charge
is
granted
,
the
Grantee
dies
,
the
Heir
cannot
prevent
the
Wife
of
her
Dower
by
bringing
his
Writ
of
Annuity
.
The
Son
endows
his
Wise
Ex
Assensu
Patris
,
the
Son
is
attainted
.
If
she
shall
retain
her
Dower
?
Some
think
she
shall
not
;
for
she
claims
from
the
Son
,
and
Ne
unques
accouple
in
loyall
Matrimony
is
a
good
plea.
If
Tenant
for
life
surrrenders
upon
Condition
,
and
the
Lessor
marries
and
dies
,
the
Wife
is
endowed
against
the
Heir
,
the
Lessee
enters
for
the
Condition
broken
,
the
Wife
shall
not
have
the
Reversion
;
for
the
Freehold
which
was
the
Wives
Title
is
taken
away
by
the
Entry
.
If
the
Grandmother
recovers
Dower
against
the
Mother
,
she
hath
taken
away
all
the
estate
of
the
Mother
;
for
she
comes
in
upon
an
Eigne
Title
.
But
otherwise
if
the
Father
had
been
infeoffed
.
So
if
the
Lessor
disseiseth
his
Tenant
for
life
,
and
marries
,
and
dies
,
and
the
Wife
is
endowed
by
the
Heir
,
the
Lessee
enters
&c.
And
if
Lessee
for
life
had
died
before
the
Wife
had
been
endowed
,
she
shall
not
be
,
endowed
;
for
the
Heir
was
Remitted
,
or
if
she
had
been
endowed
,
and
the
Lessee
had
died
,
the
Heir
shall
out
her
.
If
the
Mother
recovers
Dower
against
the
Son
,
&
the
Grandmother
recovers
Dower
against
the
Mother
,
and
dies
,
the
Son
shal
enter
and
not
the
Mother
.
But
if
the
Dower
of
the
Mother
had
been
by
Assignment
of
the
Heir
,
it
had
been
otherwise
.
For
he
shal
be
concluded
by
his
own
Assignment
,
Quaere
?
For
some
think
the
Reversion
is
not
taken
away
from
the
Mother
in
Casu
penultimo
.
If
a
Feoffment
be
made
to
A.
to
the
use
of
B.
the
Wife
of
A.
shall
be
endowed
.
A.
marries
and
fells
his
Land
,
his
Wife
arrives
at
her
age
of
nine
years
,
the
Husband
dies
,
she
shall
be
endowed
;
though
the
Husband
had
no
possession
when
she
was
nine
years
old
:
For
if
the
Husband
aliens
his
Land
,
and
after
the
Wife
is
attainted
and
pardoned
,
the
Husband
dies
,
she
shall
recover
her
Dower
.
If
a
woman
Elopes
,
the
Husband
aliens
his
Land
,
and
after
they
are
Reconciled
,
she
shall
have
her
Dower
;
for
in
these
cases
the
Title
of
Dower
is
not
consummate
until
the
death
of
the
Husband
.
But
if
a
man
marries
an
Alien
,
and
then
sells
his
Land
,
and
she
is
Endenized
,
and
the
Husband
dies
,
she
shall
not
have
her
Dower
.
If
a
Tenancy
Escheats
,
the
wife
of
the
Lord
shall
not
be
endowed
of
the
Seignory
.
A
woman
Intitled
to
have
Dower
,
disseiseth
the
Tenant
,
and
she
is
disseised
by
another
,
to
whom
the
Disseisee
releaseth
,
she
shall
not
have
her
Dower
;
for
her
Dower
was
suspended
in
the
possession
of
the
Disseisor
as
well
as
if
it
had
been
in
her
own
possession
;
for
the
Disseisor
is
in
as
the
woman
was
,
and
though
her
Dower
should
have
been
Revived
if
the
Disseisee
had
entred
;
yet
this
Release
doth
not
amount
to
an
Entry
and
Feoffment
.
If
Land
be
given
to
A.
and
his
Heirs
Males
as
long
as
he
hath
Issue
Female
of
his
body
,
A.
dyes
having
a
Daughter
,
the
Wife
is
endowed
,
and
the
Daughter
dies
without
Issue
,
the
wife
loseth
her
Dower
;
for
there
is
a
difference
between
a
Condition
in
Deed
,
and
in
Law
;
for
if
the
Issue
of
Tenant
in
tail
dies
without
Issue
;
yet
his
wife
shall
keep
her
Dower
;
for
it
is
a
Condition
in
Law.
And
yet
if
an
Estate
tail
be
made
upon
Condition
,
that
if
the
Donee
dies
without
Issue
,
that
it
shall
be
lawful
for
the
Donor
to
re-enter
,
the
Wife
of
the
Donee
shall
not
lose
her
Dower
;
for
the
Condition
does
not
take
effect
untill
the
estate
be
determined
by
the
Condition
in
Law
,
upon
which
determination
she
is
endowable
.
A.
seised
in
Fee
grants
a
Rent
Charge
,
and
aliens
,
and
takes
an
Estate
in
Fee-simple
,
or
in
tail
,
and
dies
seised
,
the
Wife
Recovers
in
Dower
,
and
then
she
surmises
that
her
Husband
died
seised
,
and
prays
a
Writ
of
Enquiry
of
Damages
,
14.
H.
8.
6.
She
shall
hold
it
charged
;
for
she
hath
admitted
her self
dowable
of
the
second
Estate
.
A.
has
a
Wife
,
and
is
seised
of
four
Acres
,
and
makes
a
Feofment
of
three
of
the
Acres
with
Warranty
,
and
dies
,
the
Wife
brings
her
writ
of
Dower
against
the
Feoffee
,
and
he
vouches
the
Heir
.
Now
if
the
Wife
may
stop
the
Judgement
,
viz.
That
she
shall
not
recover
immediately
against
the
Heir
is
the
question
;
for
then
she
hath
lost
her
Dower
of
the
fourth
Acre
,
as
some
think
she
hath
,
because
it
was
her
own
folly
that
she
did
first
recover
her
Dower
of
that
.
Election
.
IF
a
Rent
be
granted
in
Fee
,
and
the
Grantee
grants
it
over
for
yeares
,
the
Grantee
for
years
hath
no
Remedy
,
if
it
be
denied
him
;
for
he
shall
not
have
a
writ
of
Annuity
;
for
the
Election
is
given
only
to
the
first
Grantee
and
his
Heirs
,
and
the
Election
runs
only
in
privity
.
If
two
Acres
are
given
to
A.
Habendum
,
the
one
in
Fee
,
and
the
other
for
life
,
and
A.
grants
both
over
,
viz.
the
one
in
Fee
,
and
the
other
for
his
own
life
.
If
the
second
Feoffee
shall
have
Election
?
If
A.
had
committed
wast
in
both
,
or
had
made
a
Feoffment
of
both
,
the
Lessor
might
have
entred
into
which
he
had
pleased
.
If
I
give
two
Acres
,
the
one
in
Fee
,
the
other
for
life
,
and
the
Donee
dies
without
Heir
,
Quaere
,
if
the
Lord
shall
have
Election
?
If
a
Lease
be
made
of
two
Acres
,
the
Remainder
of
one
to
A.
and
of
the
other
to
B.
and
makes
no
certain
description
of
either
.
He
who
first
enters
after
the
death
of
Tenant
for
life
,
shall
have
the
Election
.
If
a
Lease
be
made
of
two
Acres
,
Habendum
the
one
in
Fee
,
and
the
other
for
life
,
reserving
a
Rent
,
Quaere
how
the
Lord
shall
avow
?
But
his
Executor
hath
no
Remedy
by
the
statute
of
31
H.
8.
If
A.
grants
to
another
one
of
his
horses
,
the
Grantee
dies
before
his
Election
,
his
Executor
shall
choose
;
but
yet
there
was
no
property
in
the
Grantee
before
Election
.
If
two
Acres
are
granted
,
the
one
in
tail
,
and
the
other
in
Fee
,
the
Heir
of
the
Donee
shall
make
his
Election
.
If
twenty
shillings
,
or
a
Robe
is
yearly
granted
at
the
Feast
of
Easter
,
at
the
day
,
or
before
the
day
,
the
Grantee
hath
Election
.
If
it
had
been
by
Obligation
,
the
Obligor
shall
have
the
Election
after
the
day
.
But
if
one
grants
to
another
twenty
loads
of
wood
,
or
twenty
Oaks
yearly
at
the
day
or
after
,
the
Election
is
in
the
Grantee
,
for
it
lies
in
Prender
,
so
that
there
is
a
a
Difference
betwixt
a
thing
in
Payment
and
in
Prender
.
13
E.
4.
4.
If
a
Lease
for
life
be
made
,
reserving
a
Rent
,
or
a
Robe
at
the
day
,
it
is
in
Election
of
the
Lessee
,
but
after
in
the
Lessors
.
A
Reversion
is
granted
to
one
for
life
,
and
before
Atturnment
it
is
granted
to
him
in
Fee
,
the
Grantee
may
choose
his
Estate
.
If
an
Acre
is
given
Habendum
in
Fee
,
or
in
tail
,
the
Donee
shall
choose
.
If
one
be
bound
,
or
Covenants
to
infeoffe
B.
of
the
Mannor
of
D.
or
S.
the
Obligor
,
&c.
hath
the
Election
;
for
he
is
the
first
Agent
.
But
if
I
give
my
black
horse
,
or
white
Horse
,
there
the
Donee
hath
the
Election
;
for
there
he
is
the
first
Agent
.
But
otherwise
if
the
words
had
been
that
I
should
deliver
also
.
If
I
infeoffe
A.
and
B.
and
warrant
the
Land
to
the
one
or
the
other
,
there
is
no
Election
given
to
either
,
and
therefore
void
.
But
if
one
be
bound
to
me
to
pay
to
A.
or
B.
there
the
Obligor
hath
the
Election
;
for
he
is
the
first
Agent
,
but
in
the
other
case
it
ought
first
to
be
demanded
.
A.
gives
two
Acres
,
Habend
.
the
one
for
life
,
the
other
in
Fee
,
reserving
a
Rent
or
a
Robe
,
and
does
not
distinguish
which
he
shall
have
for
life
,
and
which
in
Fee.
B.
makes
a
Feoffment
of
both
,
the
Rent
is
behind
.
A.
distrains
in
one
only
,
and
makes
an
Avowry
for
the
Robe
in
that
Acre
.
Quere
bien
.
If
a
Rent
be
issuing
out
of
two
Acres
,
the
Tenant
grants
one
to
another
,
the
Grantee
may
choose
in
which
he
will
distrain
for
all
.
A.
disseises
B.
of
twenty
Acres
in
.
C.
B.
brings
a
writ
of
Entry
sur
Disseisin
in
ten
Acres
,
and
recovers
,
and
comes
upon
the
Land
,
and
enters
into
one
Acre
in
the
name
of
all
he
recovered
,
and
thereof
presently
infeoffs
D.
who
enters
into
the
other
nine
Acres
,
A.
brings
an
Assize
for
those
nine
Acres
,
and
it
is
maintainable
;
for
by
the
entry
of
B.
into
one
Acre
in
the
name
of
all
he
recovered
,
nothing
vested
in
him
but
that
Acre
;
for
it
was
a
determination
of
his
Election
which
nine
Acres
he
would
have
,
for
it
was
incertain
,
and
then
nothing
passed
by
the
Feoffment
but
that
one
Acre
,
for
the
Feoffee
being
a
stranger
shall
not
make
Election
,
which
runs
in
Privity
.
Emblements
.
A
Woman
hath
Title
to
have
dower
of
three
Acres
,
and
after
the
Heir
sows
one
of
the
Acres
,
and
she
hath
that
Acre
assigned
to
her
in
dower
.
Quaere
if
she
shal
have
the
Emblements
;
for
,
no
folly
can
be
imputed
to
the
Heir
;
for
the
possession
was
cast
upon
him
by
the
Law
,
and
when
he
did
sow
the
Land
it
was
uncertain
to
him
whether
ever
the
wife
would
recover
her
dower
,
neither
could
he
guesse
which
Acre
would
be
assigned
her
in
dower
.
and
the
Heir
shall
take
advantage
of
this
incertainty
.
As
if
the
Condition
be
performed
by
the
Mortgagor
,
yet
the
Mortgagee
shall
have
the
Emblements
.
If
a
man
devise
that
his
Executors
shall
sell
his
Land
,
and
before
the
sale
the
Heir
sows
the
Land
,
and
then
the
Executors
sell
it
,
yet
the
Heir
shall
have
the
Emblements
,
36
H.
6.
36.
If
the
Heir
sows
the
Land
,
and
is
disseised
before
severance
,
and
the
Disseisor
endows
the
wife
of
the
Father
.
Some
think
the
Heir
shall
not
have
the
Emblements
;
for
she
is
supposed
to
be
in
,
in
the
Post
by
the
Disseisor
,
Quaere
.
Entry
.
GRandfather
,
Father
,
and
Son.
The
Father
disseiseth
the
Grandfather
and
dies
,
the
Son
endows
the
Mother
,
the
Grandfather
dies
,
the
Son
may
enter
upon
the
Mother
;
for
he
hath
a
new
Right
descended
to
him
from
the
Grandfather
,
for
the
Grandfather
might
have
entred
upon
the
Mother
,
so
shall
his
Heir
.
But
if
there
be
Great
Grandfather
,
Grandfather
,
Father
,
and
Son
,
and
the
Grandfather
disseises
the
Great
Grandfather
,
and
the
Father
dies
,
and
the
Son
endows
the
wife
of
the
Father
,
and
the
Great
Grandfather
dies
,
the
Son
shall
not
out
the
Tenant
in
Dower
;
for
the
Great
Grandfather
could
not
enter
by
reason
of
the
descent
,
no
more
can
his
Heir
.
If
a
disseisor
makes
a
Lease
for
life
,
the
Remainder
in
Fee
,
and
the
disseisee
purchaseth
the
Remainder
,
and
grants
it
over
,
he
cannot
enter
upon
the
Lessee
for
life
,
for
then
he
should
defear
his
own
Grant.
A
Feoffment
is
made
,
upon
Condition
to
re-infeoffe
,
the
Feoffee
makes
a
Feoffment
to
his
use
.
If
the
Feoffor
may
enter
without
Request
?
If
A.
makes
a
Feoffment
,
reserving
a
Rent
,
and
if
it
be
behind
a
Re-entry
,
after
he
releaseth
the
Rent
when
he
hath
Title
or
Entry
,
he
cannot
enter
after
,
or
if
he
granted
the
Rent
over
after
his
Title
of
Entry
.
The
Eldest
Son
cannot
enter
where
the
Reversion
is
descended
to
the
youngest
by
the
Custom
.
A
Seignory
is
granted
in
tail
,
the
Tenant
aliens
in
mortmain
,
the
Grantee
dies
within
the
year
without
Issue
,
the
donor
shall
enter
,
as
well
as
he
in
Remainder
;
for
there
is
a
Privity
of
Estate
.
If
two
Acres
descend
to
A.
and
a
stranger
abates
into
one
,
and
A.
enters
into
the
other
in
the
name
of
both
,
that
shall
not
gain
the
possession
of
the
other
.
But
otherwise
if
he
had
entred
into
that
Acre
wherein
the
Abatement
was
in
the
name
of
both
.
Tenant
for
life
of
a
Seignory
,
a
Tenancy
Escheats
,
a
stranger
intrudes
,
Tenant
for
life
dies
before
Entry
,
he
in
Reversion
may
enter
,
as
upon
the
Disseisor
of
his
Tenant
,
but
if
he
dye
and
his
Heir
in
by
Descent
,
he
cannot
enter
.
After
a
Discent
the
Disseisee
abates
,
the
wife
of
the
Disseisor
recovers
dower
by
confession
,
if
the
disseisee
may
enter
?
A
Lease
for
life
is
made
,
rendring
a
Rent
,
with
a
Re-entry
,
for
default
of
payment
,
the
Lessor
hath
cause
of
Entry
,
the
Lessee
is
disseised
,
and
a
discent
cast
,
the
Lessee
dies
,
the
Lessor
may
enter
;
for
the
Land
was
alwayes
recontinuable
by
Entry
.
If
Lessee
for
years
upon
Condition
be
outed
after
the
term
,
and
a
dissent
cast
,
the
Lessor
shall
enter
for
breach
of
the
Condition
.
Escheat
.
IF
Lessee
for
yeares
makes
a
Feoffment
,
and
the
Lessor
dies
without
Heir
,
the
Lord
shall
not
enter
for
the
Escheat
;
for
it
is
a
good
Feoffment
against
him
.
A.
infeoffs
B.
so
long
as
Paul's
Steeple
shall
stand
.
B.
dies
without
Heir
,
if
the
Land
shall
Escheat
?
Vide
Attainder
&
Bastard
.
Estate
.
IF
a
Lease
be
made
so
long
as
A.
and
B.
shall
be
Justices
,
if
one
of
them
be
removed
,
the
Estate
is
determined
;
for
the
time
was
in
the
Copulative
,
and
a
Collaterall
determination
.
But
if
it
had
been
during
their
lives
,
and
one
of
them
had
died
,
the
Estate
had
continued
.
A.
hath
Issue
a
Son
and
a
daughter
,
Land
is
given
to
the
daughter
,
and
to
her
Heirs
Females
of
the
body
of
the
Father
begotten
,
she
hath
not
Estate
tail
but
for
life
only
.
Inst
.
If
a
lease
be
made
to
a
Dean
and
Chapter
for
their
lives
,
they
shall
have
a
Fee
;
for
they
never
die
.
If
a
Rent
of
twenty
shillings
a
year
be
granted
until
the
Grantee
shall
receive
twenty
pound
,
the
Grantee
hath
an
Estate
but
for
twenty
years
;
for
it
is
certain
.
So
if
it
had
been
granted
untill
A.
shall
arive
at
his
full
age
,
he
takes
but
for
years
.
If
Land
of
twenty
shillings
a
year
value
be
granted
until
he
shall
receive
twenty
pounds
out
of
the
Issue
and
profits
,
and
Livery
be
made
,
he
takes
an
Estate
for
life
,
by
reason
of
the
uncertainty
of
the
profits
.
If
A.
makes
a
Lease
for
life
,
reserving
a
Rent
,
and
if
it
be
behind
,
that
he
shall
enter
and
retain
,
til
he
hath
received
the
Rent
out
of
the
profits
of
the
Land
,
all
the
Estate
of
the
Lessee
is
defeated
.
30
E.
3.
7.
If
A.
hath
two
Daughters
,
and
the
Eldest
gives
Land
to
the
youngest
,
and
to
the
Heirs
of
the
body
of
the
Father
begotten
,
there
passeth
but
an
Estate
for
life
;
for
the
donor
is
one
of
the
Heirs
,
and
it
cannot
be
an
estate
tail
in
her self
of
her
own
making
,
and
it
cannot
inure
to
the
other
;
for
she
is
not
Heir
.
But
if
it
had
been
given
to
the
youngest
,
the
eldest
being
born
out
of
the
Realm
,
it
shall
go
to
him
.
Estopple
.
IF
a
Praecipe
be
brought
against
the
Father
of
the
Sons
Land
,
and
he
loseth
,
and
the
Son
after
the
decease
of
the
Father
brings
a
Writ
of
error
to
reverse
the
Recovery
,
and
Judgement
is
affirmed
,
the
Recoveror
may
enter
upon
the
Son
;
for
by
bringing
his
writ
of
Error
,
he
is
Estopped
to
say
,
that
his
Father
was
not
seised
.
If
an
Infant
delivers
a
deed
Which
bears
date
two
years
after
,
and
at
the
end
of
the
two
years
he
is
of
full
age
,
he
shall
not
be
Estopped
to
shew
the
delivery
before
the
date
,
neither
shall
a
Fem
Covert
.
Husband
and
Wife
seised
,
and
to
the
Heirs
of
the
Husband
,
the
Husband
makes
a
gift
in
tail
,
the
Wife
recovers
against
the
donee
in
a
Cui
in
vita
,
supposing
that
she
hath
a
Fee
,
and
dies
,
and
the
donee
dies
,
and
the
Issue
of
the
Husband
and
Wife
brings
a
Forme●on
in
Reverter
and
though
he
was
Heir
to
the
Wife
,
he
shall
be
Estopped
to
say
,
that
he
had
a
lesser
estate
than
in
Fee
,
yet
the
Issue
,
who
claims
by
the
Husband
shall
not
be
Estopped
.
Vide
Dower
.
Estover
.
A.
seised
of
an
house
on
the
part
of
his
Mother
,
and
Estovers
are
granted
to
him
in
Fee
,
and
he
dies
without
Issue
,
the
Estovers
are
extinct
.
If
there
be
two
disseisors
of
a
house
,
and
they
have
Estovers
granted
to
them
to
be
imploied
in
the
same
house
,
and
the
disseisee
releaseth
to
one
,
the
Estovers
remain
for
part
.
If
one
hath
Estovers
in
certain
in
ten
Acres
of
wood
,
and
five
of
them
descend
to
him
,
he
shall
not
take
the
whole
out
of
the
residue
.
Exchange
.
IF
A.
exchanges
twenty
Acres
with
B.
for
ten
of
equall
value
B.
is
impleaded
,
and
loseth
ten
Acres
,
vouching
A.
and
recovering
in
value
,
she
shall
have
all
the
ten
Acres
again
which
he
gave
to
A.
and
retain
the
ten
Acres
Residue
without
Warranty
for
the
folly
of
A.
IF
A.
exchangeth
Land
with
B.
in
Fee
,
who
infeoffe
a
stranger
,
one
enters
into
the
Land
of
A.
by
Title
Paramount
,
he
cannot
enter
upon
the
Feoffee
of
B
;
for
the
privity
of
the
Exchange
is
determined
by
the
Feofment
.
If
A.
and
B.
exchange
Land
,
and
A.
makes
a
Lease
for
life
,
B.
is
impleaded
,
and
recovers
in
a
Warrantia
Chartae
,
and
hath
execution
of
other
Land
,
the
Tenant
for
life
dies
,
A.
enters
,
upon
whom
a
stranger
enters
by
Title
Paramount
,
he
hath
no
remedy
for
the
Land
rendred
in
Value
;
for
that
doth
not
go
in
privity
as
the
Exchange
doth
.
If
A.
and
B.
exchange
Land
,
and
A.
dies
in
a
Praecipe
against
B.
he
vouches
the
Heir
of
A.
who
enters
into
Warranty
,
and
cannot
bar
the
Demandant
,
by
which
he
recovers
;
and
B.
over
in
value
,
the
Demandant
enters
,
if
B.
may
enter
upon
the
Heir
,
or
is
chased
to
his
Habere
facias
ad
valentiam
?
Some
think
he
may
enter
;
for
a
descent
is
not
material
against
a
Condition
,
as
this
is
;
for
if
there
had
been
an
express
Condition
,
he
might
have
entred
,
and
so
he
may
now
.
But
if
part
of
the
Land
exchanged
had
been
recovered
against
B.
he
could
not
have
entred
,
for
he
shall
not
be
his
own
Judge
of
the
portion
.
But
where
all
is
recovered
,
the
whole
Exchange
is
avoided
,
and
therefore
he
may
enter
.
If
one
Exchangee
makes
a
Feofment
of
his
part
,
the
other
shall
not
enter
upon
the
Feoffee
,
for
the
Condition
is
determined
and
dissolved
.
But
Quaere
,
if
after
the
Feofment
the
other
may
vouch
?
If
two
Acres
are
exchanged
for
a
Mannor
,
and
a
stranger
enters
by
title
Paramount
into
one
Acre
,
he
shall
enter
into
all
the
Mannor
,
for
it
is
an
entire
thing
.
And
Quaere
if
he
shall
retain
the
other
Acre
?
Execution
.
IF
Tenant
in
tail
with
a
Remainder
over
with
VVarranty
recovers
in
value
,
and
dies
before
Execution
,
he
in
Remainder
shall
sue
Execution
;
because
he
is
privy
.
If
Tenant
in
tail
dies
without
Issue
.
If
a
man
Recovers
in
value
Land
in
Burrough
English
.
Quaere
,
if
the
youngest
Son
shall
sue
Execution
?
But
if
the
Issue
in
tail
recovers
in
a
Formedon
,
and
dies
without
issue
before
Execution
,
the
Donor
cannot
enter
,
or
have
Execution
.
If
tenant
in
tail
discontinues
,
and
dies
leaving
a
daughter
,
his
Wife
Privement
Enseint
with
a
Son
,
the
daughter
recovers
in
a
Formedon
and
dies
,
the
son
born
cannot
enter
,
or
have
Execution
.
But
if
the
Issue
in
tail
recovers
against
the
Discontinuee
,
and
after
is
attainted
of
Felony
,
his
Issue
shall
enter
,
or
sue
Execution
,
for
he
is
privy
in
Estate
.
Tenant
in
tail
recovers
in
value
by
Voucher
of
the
donor
,
and
is
attainted
of
Felony
,
his
Issue
shall
not
have
Execution
.
If
the
Son
hath
the
Land
of
the
Father
,
and
of
another
in
Execution
upon
a
Statute
,
and
the
Land
descend
from
the
Father
to
the
Son
,
the
whole
Execution
is
discharged
.
In
Judgement
for
debt
the
party
shall
not
have
Execution
,
but
of
that
Land
only
which
he
had
at
the
time
of
the
Judgement
,
and
not
at
the
time
of
the
purchase
of
the
Writ
.
But
in
debt
against
the
Heir
,
if
he
aliens
hanging
the
Writ
,
it
shall
be
liable
to
the
Execution
,
although
the
alienation
was
before
the
judgement
;
for
the
Action
was
conceived
against
him
in
consideration
of
the
land
;
but
in
the
first
case
it
was
in
respect
of
the
person
.
The
Conisor
of
a
Statute
is
in
Execution
,
and
his
Land
also
,
the
Conisee
releases
to
him
all
debts
,
the
Execution
is
discharged
by
this
Release
;
for
the
debt
was
in
being
,
until
it
was
levied
of
the
profits
,
but
though
the
Execution
be
discharged
by
the
party
,
yet
until
it
be
discharged
in
fact
,
if
the
Goaler
had
suffered
him
to
go
at
large
,
he
could
not
have
said
but
that
he
was
in
Execution
.
Executors
.
IF
a
Lease
for
years
be
made
,
reserving
a
Rent
upon
Condition
of
Re-entry
for
not
payment
.
If
the
Executor
breaks
the
Condition
,
so
that
the
Lessor
re-enters
,
it
is
a
Devastavit
in
them
,
otherwise
if
the
Condition
were
performable
on
the
part
of
the
Lessor
,
Br.
Extinguishment
54.
for
every
voluntary
act
of
the
Executor
,
by
which
,
the
Goods
of
the
Testator
are
consumed
without
any
benefit
to
the
Testator
,
is
a
Devastavit
.
But
if
an
Executor
having
such
a
term
as
Executor
purchaseth
the
Reversion
,
that
is
not
a
Devastavit
;
for
the
Term
,
as
to
Assetts
is
in
being
still
.
If
a
man
Mortgages
his
Term
and
dies
,
and
his
Executors
do
not
redeem
it
;
some
think
it
is
a
Devastavit
.
If
they
have
Assetts
in
their
hands
wherewith
to
redeem
it
,
and
the
Term
be
better
than
the
price
of
the
Redemption
,
so
if
an
Executor
sells
a
term
under
the
value
,
by
which
the
Creditors
lose
their
Debts
,
this
,
some
think
,
is
a
Devastavit
.
But
if
a
man
be
possest
of
a
term
,
and
devises
it
to
his
Executors
to
be
sold
Meliori
modo
quo
possunt
for
payment
of
his
Debts
,
they
sell
it
under
the
value
,
that
is
no
Devastavit
;
for
it
may
be
it
was
the
best
price
they
could
get
.
If
Husband
and
Wife
make
a
Lease
of
the
Wives
Land
,
reserving
a
Rent
,
the
Husband
distreins
and
avows
,
and
has
a
Return
and
dies
,
the
Cattle
are
discharged
;
for
the
Executors
cannot
have
them
;
for
they
are
but
as
a
Pledge
,
and
being
the
Executors
cannot
pretend
any
Right
to
the
duty
,
they
cannot
detain
the
Pledge
;
for
the
Wife
is
to
have
the
Duty
.
Vide
33
H.
6.
48.
If
a
Rent
Charge
be
granted
in
Fee
,
the
Grantee
dies
without
Heir
,
the
Executors
shall
not
have
an
Action
of
Debt
for
the
Arrerages
.
But
if
the
Grantee
had
brought
a
writ
of
Annuity
,
and
Recovered
,
then
the
Executors
should
have
an
Action
of
Debt
for
the
arrerages
;
for
if
the
Inheritance
of
a
Rent
determins
,
the
Arrerages
are
extinct
,
otherwise
of
an
Annuity
.
If
a
Grant
be
made
of
a
Robe
,
or
twenty
shillings
,
and
the
Grantee
dies
before
Election
,
his
Executors
cannot
demand
the
Arrears
.
The
Executors
of
a
Grantee
for
years
of
a
Rent
Charge
shall
have
Election
,
either
to
have
an
Action
of
Debt
,
or
Annuity
.
If
a
man
be
bound
in
twenty
pound
,
and
his
Executors
have
but
ten
pound
,
an
Action
of
Debt
lies
against
the
Heir
for
all
;
〈◊〉
if
he
chooseth
the
Executor
he
cannot
sue
the
Heir
for
the
Remnant
.
If
an
Obligor
in
twenty
pound
hath
Goods
to
the
value
of
ten
pounds
only
,
and
makes
the
Obligee
his
Executor
,
he
shall
retain
that
as
parcell
of
the
Duty
,
and
for
the
rest
bring
his
Action
against
the
Heir
;
for
it
is
by
the
act
of
the
Law
that
the
duty
is
apporcioned
.
If
A.
by
Deed
gives
the
Mannor
of
D.
with
all
the
Woods
to
B.
if
Livery
be
not
made
,
the
Executors
shall
have
the
Woods
.
If
there
be
two
Wills
,
and
the
Executor
of
the
last
refuseth
before
the
Ordinary
,
yet
the
first
is
revoked
by
the
intent
of
the
Testator
.
If
the
Executor
Releases
a
duty
of
the
Testator
,
this
is
so
much
an
Administration
,
so
that
he
cannot
after
refuse
,
but
yet
if
he
doth
after
avoid
the
Release
,
he
may
refuse
.
A
Lease
for
life
is
made
,
rendring
a
Rent
at
Mich
:
and
the
Annunc
:
the
Land
is
sowen
at
Mich
:
and
the
Lessee
dies
,
if
the
Executors
shall
have
the
Land
untill
the
Corn
be
ripe
,
if
they
ought
to
pay
the
Rent
?
Some
think
the
Lessor
may
have
an
Action
upon
the
case
;
for
the
Executors
have
the
profits
of
the
Land
,
&c.
and
no
fault
in
the
Lessor
:
As
if
a
gift
in
tail
be
made
,
Reserving
thirty
Shillings
,
and
the
Donee
dies
without
Issue
and
the
Wife
is
endowed
,
she
shall
pay
ten
shilshillings
,
and
yet
the
Estate
is
determined
,
but
she
claims
under
the
Estate
of
the
Husband
.
A
man
makes
a
Lease
for
life
reserving
a
Rent
,
upon
Condition
that
if
the
Rent
be
behind
,
that
the
Lessor
shall
enter
,
and
retain
untill
he
be
satisfied
of
the
Arrears
,
he
enters
and
dies
,
his
Executors
shall
not
retain
;
for
the
Arrears
were
not
Chattles
at
the
beginning
,
and
therefore
they
shall
not
●etain
the
Land
as
a
Gage
,
as
they
shall
do
for
the
double
value
;
for
that
was
a
Chattle
at
the
beginning
.
But
in
the
first
case
the
Arrears
are
given
to
the
Executors
by
the
Statute
of
32
H.
8.
Yet
being
the
Arrears
were
no
Chattles
at
the
first
,
and
so
not
due
to
them
by
their
own
nature
,
therefore
they
shall
not
retain
.
As
in
15
E.
4.
10.
In
Rescous
there
it
is
said
,
if
the
Defendant
in
a
Replevin
avows
for
a
Rent
due
to
him
and
his
Wife
,
and
upon
that
he
hath
a
Return
and
dies
,
the
Tenant
shall
have
his
Cattle
back
again
without
any
Agreement
,
because
the
Executors
could
not
have
the
distresse
,
being
they
could
not
have
the
Rent
,
but
the
Wife
was
to
have
it
.
If
an
Executor
delivers
a
Legacy
upon
Condition
,
it
is
no
good
delivery
.
The
Debtee
and
another
are
Executors
to
the
Debtor
:
the
Debtee
recovers
against
the
other
,
and
after
Administers
with
the
other
,
and
then
sues
Execution
by
Scire
facias
:
If
the
other
shall
have
an
Audita
Querela
?
and
in
whose
name
it
shall
be
sued
,
or
if
the
property
shall
be
altered
in
the
Recoveror
?
or
if
Execution
be
discharged
?
but
some
think
that
Execution
cannot
be
stopt
,
but
the
Recoveror
shall
have
it
to
the
use
of
the
Testator
.
Vide
Condition
&
Debt
.
Extinguishment
.
THe
Tenant
holds
ten
Acres
by
ten
pence
,
and
makes
a
Feofment
of
one
,
the
Lord
grants
the
Rent
,
reserving
the
Fealty
,
the
Tenant
Atturns
,
the
Grantee
releaseth
all
his
Right
in
the
Land
to
the
Tenant
,
yet
he
shall
have
one
penny
.
If
the
Tenant
deviseth
,
that
the
Lord
shall
make
a
Feoffment
of
the
Tenancy
,
which
is
done
,
yet
the
Seignory
is
not
extinct
,
no
more
than
the
Rent
Charge
shall
be
where
the
Grantee
makes
Livery
as
Atturny
to
the
Tenant
of
the
Land
,
because
he
doth
it
in
auter
droit
.
A
Rent
Charge
is
granted
upon
Condition
,
the
Grantor
makes
a
Feofment
,
the
Condition
is
broke
,
the
Rent
is
arrear
,
if
the
Condition
be
extinct
by
the
Feoffment
;
for
the
Grantor
cannot
have
it
in
the
same
manner
,
&c.
But
if
the
Condition
had
been
that
the
Rent
shall
cease
upon
the
Non
performance
,
there
the
Feoffee
shall
take
advantage
of
it
;
for
the
Rent
doth
ipso
facto
extinguish
,
as
a
Lease
for
years
upon
Condition
to
be
void
.
The
Lord
having
the
Ward
of
the
Mesne
enters
into
the
Tenancy
for
Mortmain
,
the
Seignory
and
Mesnalty
are
extinct
.
If
the
Tenant
infeoffes
the
Lord
to
the
use
of
A.
or
if
the
Lord
infeoffs
the
Tenant
of
the
Mannor
to
the
use
of
A.
if
the
Seignory
be
extinct
?
Note
the
case
.
Vide
Condition
,
Release
,
Estovers
,
Arrerages
.
Feoffment
.
TEnant
for
life
,
and
he
in
the
Reversion
join
in
a
Feoffment
of
all
their
Land
and
Tenements
lying
in
the
Town
where
the
Land
lies
that
is
in
Lease
,
and
make
a
Letter
of
Atturny
to
make
Livery
,
this
is
a
Grant
of
the
Estate
for
life
,
and
also
of
the
Reversion
.
But
if
they
had
made
a
Feoffment
of
the
Land
of
the
Lessee
only
,
then
it
will
be
the
Feofment
of
Tenant
for
life
,
and
the
Confirmation
of
him
in
Remainder
.
If
a
man
makes
a
Feoffment
to
a
Stranger
and
to
his
own
Wife
,
and
makes
Livery
to
the
Stranger
in
the
name
of
both
,
it
will
be
good
to
the
Stranger
,
and
void
as
to
the
Wife
.
Tenant
for
life
infeoffs
the
Wife
of
him
in
Reversion
,
with
a
Letter
of
Atturny
to
the
Lessor
to
deliver
seisin
,
who
does
it
.
Quaere
if
he
be
seised
in
his
own
or
his
Wives
Right
?
For
he
is
remitted
by
the
Forfeiture
.
If
Tenant
in
tail
infeoffs
the
Wife
of
the
Donor
,
that
is
a
Discontinuance
.
A
Feoffment
is
made
by
one
Deed
in
Fee
,
and
by
another
in
tail
to
the
same
person
,
and
Livery
made
according
to
both
Deeds
,
it
shall
inure
by
Moities
;
For
otherwise
the
Livery
cannot
inure
upon
each
deed
:
For
if
he
should
have
all
the
Land
in
tail
,
the
Remainder
in
Fee
,
then
the
Livery
shall
have
only
operation
upon
the
Estate
tail
,
and
the
other
shall
be
but
a
Confirmation
,
and
then
it
shall
not
inure
upon
both
the
Deeds
,
but
upon
one
.
And
if
Livery
had
been
made
only
upon
the
Deed
in
tail
after
the
delivery
of
both
deeds
there
should
be
Tenant
in
tail
,
the
remainder
in
fee.
If
one
Jointenant
enfeoffs
his
Companion
and
a
stranger
,
the
stranger
takes
all
.
If
Tenant
in
tail
enfeoffs
the
donor
,
he
doth
not
give
him
the
Fee.
Vide
Extinguishment
.
Fem
Covert
.
A
Man
conveyes
Land
to
a
Fem
sole
upon
Condition
,
that
she
payes
a
sum
or
money
by
a
day
,
she
marries
,
and
the
money
is
not
paid
,
whereby
her
Estate
is
defeated
,
this
will
binde
her
after
her
Husbands
death
.
But
if
the
Fem
be
Tenant
for
life
,
and
the
Husband
makes
a
Feofment
,
and
the
Lessor
enters
,
yet
the
Wife
shall
have
the
land
after
the
death
of
her
Husband
;
for
it
is
but
a
Condition
in
Law
:
but
if
the
Condition
be
by
Statute
,
as
in
a
Cessavit
or
Wast
,
where
there
is
a
Recovery
,
there
it
will
bind
her
after
the
death
of
her
Husband
.
But
if
the
Condition
be
given
by
Statute
and
no
Recovery
,
as
in
Mortmain
,
then
the
Wife
shall
not
be
bound
.
Some
Conditions
in
Law
shall
bind
the
Wife
if
the
Husband
breaks
them
,
as
a
Condition
annext
to
the
Grant
of
a
Parke
,
an
Office
,
or
a
Liberty
.
If
a
Fem
Covert
delivers
an
Obligation
bearing
date
two
years
after
,
and
at
the
end
of
the
two
years
her
Husband
is
dead
,
she
shall
not
be
Estopt
to
shew
that
the
Delivery
was
before
the
Date
.
Fem
Sole
.
IF
a
Fem
sole
Tenant
in
a
Praecipe
marries
,
pending
the
Writ
,
all
the
rest
of
the
pleadings
and
process
shall
be
against
the
Wife
only
.
If
a
Fem
sole
at
Mich
:
makes
a
Writing
dated
at
Christmas
,
and
before
Christmas
she
marries
and
the
Husband
dies
,
she
may
say
that
at
the
time
of
the
date
she
was
a
Fem
Covert
,
and
he
shall
not
aver
the
delivery
before
.
Fine
.
TEnant
in
tail
levies
a
fine
,
and
takes
back
an
Estate
in
Fee
upon
Condition
,
and
dies
,
the
Heir
enters
,
and
is
remitted
,
the
Proclamations
passe
;
if
that
shall
take
away
the
Remitter
,
and
if
the
Condition
remain
?
If
the
Wife
levy
a
fine
as
a
Fem
sole
,
and
the
Husband
enters
,
all
the
Inheritance
is
revoked
.
Forfeiture
.
LEssee
for
years
is
received
by
the
Statute
of
Glocester
,
a
Stranger
recovers
against
him
in
a
Praecipe
,
and
confirms
the
Estate
of
the
Lessee
for
life
,
the
Lessor
avoids
the
Recovery
by
Error
,
and
Enters
upon
the
Lessee
,
some
think
he
cannot
.
A.
makes
a
Lease
for
life
and
dies
,
leaving
his
Wife
enseint
with
a
Son
,
the
Tenant
makes
a
Feoffment
,
the
Son
is
born
,
if
he
shall
enter
for
the
Forfeiture
.
Quaere
?
A
Lease
is
made
upon
Condition
,
that
if
the
Lessee
commits
Wast
,
that
his
Estate
shall
cease
,
if
a
Stranger
commits
wast
it
is
no
Forfeiture
of
his
Lease
.
If
Tenant
for
life
infeoffs
the
Wife
of
the
Lessor
with
a
Letter
of
Atturney
to
the
Lessor
to
deliver
seisin
,
which
is
done
accordingly
.
Quaere
,
if
this
be
a
Forfeiture
?
some
think
it
is
.
A
Lease
is
made
to
E.
and
F.
for
their
lives
,
F.
grants
to
a
stranger
for
the
life
of
E.
that
is
a
Forfeiture
of
his
Estate
;
for
he
had
not
an
Estate
for
the
life
of
E.
but
in
respect
of
the
Jointure
,
and
an
Estate
for
the
life
of
E.
doth
not
passe
from
the
Lessor
in
the
Moity
,
but
upon
Condition
in
Law
,
that
the
Jointure
remains
,
and
now
he
hath
given
it
for
the
Life
of
E.
absolutely
:
But
if
both
of
them
had
made
a
Lease
for
the
life
of
E.
that
had
not
been
a
Forfeiture
,
Causa
patet
.
If
a
Lease
for
life
be
made
upon
Condition
,
that
the
Lessee
shall
infeoffe
A.
which
is
done
,
the
Lessor
may
enter
for
breach
of
the
Condition
in
Law
,
scilicet
the
Forfeiture
.
Tenant
for
life
grants
over
his
Estate
upon
Condition
after
Title
of
Entry
,
the
Grantee
makes
a
Feoffment
,
the
Lessor
enters
for
the
Forfeiture
,
some
think
the
Lessor
may
enter
upon
him
for
the
Title
of
Entry
;
for
the
Forfeiture
is
by
the
Common
Law
,
which
shall
not
destroy
another
Title
comming
in
respect
of
the
Estate
.
Land
is
given
to
a
man
and
a
Fem
sole
,
and
to
the
Woman
in
speciall
tail
,
they
marry
and
have
Issue
,
the
Husband
aliens
a
moity
and
dies
,
the
Issue
dies
without
Issue
,
if
the
Wife
may
enter
into
the
Moity
for
the
Forfeiture
?
For
now
she
is
Tenant
in
tayl
after
possibility
,
in
which
case
she
hath
but
a
Freehold
in
the
remainder
,
otherwise
if
her
Estate
had
been
in
tail
.
Land
is
devised
to
A.
for
life
,
the
Remainder
to
him
that
shall
be
his
first
Son
,
the
Remainder
in
Fee
,
A.
aliens
in
Fee
,
if
he
in
the
Remainder
may
Enter
for
the
Forfeiture
.
Quaere
?
Frankmarriage
.
THree
Jointenants
,
one
of
them
gives
his
part
with
his
Daughter
in
Frankmarriage
to
one
of
his
Companions
,
and
by
the
same
Deed
releaseth
to
them
in
Frankmarriage
,
and
makes
Livery
,
some
think
that
is
a
good
gift
in
Frankmarriage
for
this
reason
,
that
although
one
Jointenant
cannot
infeoffe
his
Companion
,
yet
his
Companion
and
another
he
may
,
and
the
Livery
made
to
the
other
shall
vest
the
Land
in
both
,
and
that
is
for
the
advantage
of
the
third
,
as
in
Gascoigues
case
,
7
H.
6.
3.
It
was
not
a
surrender
for
the
advantage
of
the
third
.
Nor
in
27
H
7.
41.
for
the
advantage
of
the
Husband
,
so
it
shall
not
be
void
here
for
the
advantage
of
the
third
person
.
But
others
think
the
contrary
,
because
the
Husband
cannot
take
it
immediately
from
his
Companion
,
and
for
him
it
is
void
,
and
good
for
his
Wife
.
As
if
a
man
makes
a
Feoffment
to
a
stranger
&
his
own
wife
,
if
livery
be
made
to
the
stranger
it
will
operate
but
to
the
benefit
of
the
stranger
,
and
will
be
void
for
the
Wife
.
So
here
it
is
good
for
the
wife
,
&
the
Release
is
good
for
the
Husband
.
Further
,
if
one
Jointenant
cannot
infeoffe
his
Companion
,
as
it
is
holden
in
10
E.
4.
then
it
will
inure
severally
,
viz.
to
his
Companion
as
a
Release
,
and
to
his
wife
for
life
;
for
if
it
be
no
good
Frankmarriage
,
then
,
't
is
the
Estate
for
life
,
and
so
it
was
resolved
between
Webb
&
Porter
in
24
Eliz.
And
then
they
take
in
Common
,
and
severally
and
no
Frankmarriage
.
Grant.
TEnant
in
tail
holds
by
a
Rent
,
the
Donor
grants
the
services
,
nothing
passeth
;
for
the
Rent
cannot
passe
but
as
a
Rent
service
.
Lord
and
Tenant
by
Rent
and
Fealty
,
the
Lord
grants
the
services
of
the
Tenant
saving
the
fealty
.
Nothing
passes
by
that
Grant
;
for
the
Rent
cannot
pass
but
as
a
Rent
service
;
for
a
Rent
Charge
;
or
Rent
Seck
will
not
pass
by
those
words
.
The
same
words
cannot
be
a
Grant
and
a
Confirmation
too
.
If
a
Disseisor
grants
a
Rent
Charge
to
the
Disseisee
and
he
grants
it
over
,
and
after
re-enters
,
he
shall
hold
it
discharged
,
Causa
qua
supra
.
If
the
Lord
marries
the
Tenant
,
or
by
any
means
hath
as
high
an
Estate
in
the
Tenancy
as
he
hath
in
the
Seignory
,
he
cannot
grant
the
Seignory
over
.
If
the
Tenant
be
in
Ward
,
or
disclaims
,
the
Lord
may
grant
over
the
Seignory
.
But
if
the
Tenant
be
Tenant
for
life
of
the
Seignory
,
and
the
Seignory
is
granted
to
him
in
Fee
,
he
cannot
grant
it
over
;
for
he
never
had
possession
of
it
.
But
if
he
had
possession
,
and
it
is
suspended
by
taking
an
Estate
for
life
,
yet
he
may
grant
it
over
.
If
the
Parson
and
Ordinary
grant
a
Rent
Charge
to
the
Patron
,
the
Successor
shall
avoid
it
;
for
the
Assent
of
the
Patron
ought
to
be
expresse
,
where
the
Successor
shall
be
bound
.
But
if
they
had
all
granted
it
to
A.
who
had
granted
it
to
the
Patron
,
that
had
been
good
.
If
a
Rent
be
granted
for
life
,
and
by
another
Deed
it
is
granted
,
that
it
shall
be
lawfull
for
the
Grantee
and
his
Heirs
to
distrain
for
the
same
Rent
,
it
must
be
a
Rent
of
the
same
value
;
for
the
Rent
determins
by
his
death
.
So
if
the
King
grants
to
the
Mayor
and
Commonalty
of
D.
the
same
Liberties
which
the
Mayor
,
&c.
of
L.
hath
.
It
shall
be
intended
such
Liberties
.
A.
makes
a
Lease
for
life
,
reserving
the
first
four
years
a
Rose
,
and
after
a
yearly
Rent
of
twenty
shillings
,
the
Lessor
grants
the
twenty
shillings
to
commence
after
the
end
of
the
four
years
,
the
Grant
is
void
;
for
it
is
all
but
one
Rent
,
and
then
if
the
Grant
should
be
good
the
Grantor
should
have
a
term
in
the
Rose
for
four
years
,
whereas
before
it
was
a
Freehold
;
and
then
it
is
no
more
but
that
a
man
hath
a
Rent
in
Fee
,
and
grants
it
after
four
years
,
that
Grant
is
void
,
otherwise
of
a
Rent
created
de
Novo
.
8
H.
7.
3.
A.
seised
of
a
Rent
in
Fee
grants
it
to
one
for
twenty
years
from
the
time
of
the
Atturnment
of
the
Tenant
,
and
dies
,
the
Tenant
Atturns
,
if
this
be
a
good
Grant.
Quaere
?
Gavel
kind
.
A
Lord
in
Gavel
kind
hath
two
Sons
,
the
Tenant
aliens
in
Mortmain
,
the
Lord
dies
,
the
eldest
Son
enters
into
both
parts
,
the
Seignory
shall
descend
as
the
Tenancy
.
But
now
the
Land
(
admitting
a
Licence
had
been
obtained
)
being
aliened
in
Mortmain
,
the
Custom
is
extinct
.
A.
seised
of
Gavel
kind
Land
is
impleaded
,
and
vouches
,
the
Vouchee
enters
into
Warranty
,
the
Tenant
dies
,
having
two
Sons
,
if
the
Eldest
alone
shall
sue
Execution
.
Quaere
?
Habendum
.
A
Rent
is
granted
to
two
Habendum
,
to
the
one
until
he
be
married
,
and
to
the
other
until
he
is
advanced
to
ten
pounds
per
annum
.
Quaere
,
if
they
be
Tenants
in
Common
or
Jointenants
,
and
when
one
performs
the
Condition
,
if
the
other
shall
have
all
?
So
if
a
Rent
is
granted
to
two
Habendum
,
to
the
one
for
his
life
,
and
to
the
other
for
his
life
,
if
they
be
Tenants
in
Common
?
Vide
Baron
&
Fem.
Harriot
.
A
Fem
Lessee
for
life
by
the
Custome
of
a
Mannor
marries
by
license
;
the
Husband
dies
,
the
Lord
shall
not
have
a
Harriot
,
for
there
is
no
change
of
his
Tenant
.
So
if
Land
be
let
to
Husband
and
Wife
for
their
lives
,
and
the
Husband
dies
,
the
Lord
shall
not
have
Harriot
for
the
same
reason
.
If
a
Fem
lessee
for
life
marries
,
and
she
dies
,
the
Lord
shall
not
have
a
Harriot
,
for
she
had
no
Chattles
:
And
the
Custome
may
be
reasonable
,
if
in
such
case
the
Husband
dies
where
the
Wife
is
seised
,
that
he
shall
pay
a
Harriot
,
for
if
the
Wife
dies
,
there
is
none
due
.
If
the
Tenant
devises
all
his
Goods
,
yet
the
Lord
shall
have
his
Harriot
,
for
the
devise
takes
effect
after
the
death
.
If
a
man
hath
two
Horses
at
the
time
of
his
death
,
one
is
a
young
one
,
and
the
other
worth
forty
shillings
,
and
the
Lord
doth
not
seise
until
two
years
after
the
death
of
the
Tenant
,
and
the
youngest
becomes
worth
five
pounds
,
the
Lord
shall
not
have
him
;
for
he
had
a
property
presently
by
the
death
of
the
Tenant
in
the
other
.
A
Cow
hath
three
Calves
before
the
seisure
of
the
Lord
,
the
Lord
may
seise
them
with
the
Cow.
Quaere
.
Husband
and
Wife
and
the
Son
purchase
to
them
and
to
the
Heirs
of
the
body
of
the
Son
begotten
,
the
Husband
dies
,
the
Lord
shall
not
have
a
Harriot
.
24
E.
3.
Husband
and
Wife
purchase
land
,
to
them
and
to
the
Heirs
of
the
Husband
,
who
dies
,
the
Lord
shall
not
have
a
Harriot
.
Heir
.
A
Rent
is
granted
to
commence
after
the
death
of
the
Grantee
the
Heir
shall
take
it
by
Descent
.
A.
makes
a
Feossment
upon
Condition
,
and
if
it
be
broke
,
that
it
shall
be
lawfull
for
him
to
reenter
during
his
life
,
he
shall
enter
by
expresse
Reservation
,
and
after
his
death
his
Heir
shall
enter
by
the
provision
of
the
Law.
If
an
Encroachment
of
Services
be
made
upon
the
Husband
,
if
the
Wife
be
endowed
she
shall
not
be
contributory
,
but
the
Heir
cannot
avoid
it
.
A
Seignory
is
granted
for
years
,
the
Rent
being
behind
,
the
Tenant
dies
,
the
years
expire
,
if
the
Grantee
shall
have
Debt
against
the
Heir
of
the
Tenant
for
the
Rent
due
before
and
after
the
death
of
the
Tenant
?
Some
say
the
Heir
shall
not
be
charged
,
unless
the
Tenant
had
bound
himself
and
his
Heirs
by
express
words
,
and
it
shall
not
be
esteemed
the
proper
debt
of
the
Heir
.
If
A.
hath
a
Daughter
,
who
hath
a
Son
,
a
Remainder
is
limited
to
the
right
Heirs
females
of
the
body
of
A.
the
Son
shall
take
the
Remainder
,
for
he
is
a
purchaser
;
but
he
shall
not
have
the
land
by
descent
which
was
given
to
A.
and
the
Heirs
females
of
his
body
,
20
H.
6.
43.
P.
Newton
.
Lessee
for
life
the
remainder
to
the
right
Heirs
of
A.
who
hath
a
Son
,
who
dies
without
issue
,
the
land
shall
descend
to
the
Heirs
on
the
part
of
the
Father
,
for
the
Son
takes
by
purchase
,
and
as
Heir
to
A.
so
that
the
Heir
of
A.
must
take
it
.
If
land
be
given
to
a
man
and
to
his
Heirs
on
the
part
of
his
Mother
begotten
,
and
his
Mother
is
dead
,
and
he
dies
without
issue
,
the
Heir
on
the
part
of
his
Father
shall
take
.
Quaere
?
If
a
man
makes
a
Gift
in
tail
of
Land
on
the
part
of
his
Mother
,
reserving
a
Rent
,
and
dies
without
Issue
,
the
Heir
on
the
part
of
the
Mother
shall
have
the
Rent
as
incident
to
the
Reversion
.
If
a
man
binds
himself
and
his
Heirs
in
twenty
pounds
and
dies
,
and
his
Executors
have
ten
pounds
onely
,
an
Action
of
Debt
lies
against
the
Heir
for
all
;
for
if
the
Creditor
makes
choice
of
the
Executor
he
cannot
have
any
remedy
against
the
Heir
for
the
rest
.
If
the
Obligor
makes
the
Obligee
his
Executor
,
and
leaves
ten
pound
and
the
Debt
was
twenty
,
he
may
detain
that
and
bring
an
Action
of
Debt
against
the
Heir
for
the
rest
;
for
it
is
a
apporcioned
by
the
Act
in
Law.
If
Land
be
given
to
one
and
the
Heirs
males
of
his
body
,
the
Remainder
to
the
Heirs
Females
of
his
body
,
the
Daughter
of
the
Son
shall
not
have
the
Land.
If
Land
be
given
to
one
,
and
the
Heirs
males
of
his
body
,
and
to
the
Heirs
females
of
his
body
,
if
he
hath
Issue
male
and
female
,
they
shall
take
by
Moities
by
descent
severally
.
If
a
Woman
hath
three
Sons
by
severall
Husbands
,
and
Land
is
given
to
her
and
to
the
Heirs
of
her
body
by
the
first
and
second
Husband
begotten
,
the
two
Sons
shall
take
severally
by
Moities
,
and
yet
the
Mother
had
an
Estate
.
A.
having
two
Daughters
,
one
is
attainted
of
Felony
,
a
Remainder
is
limited
to
the
Heirs
of
A.
the
other
shall
take
nothing
.
If
a
Remainder
be
limited
to
the
Heirs
of
B.
who
hath
a
Son
who
is
attainted
,
the
Remainder
is
void
,
and
the
Fee
rests
in
Lessor
.
Land
is
given
to
A.
for
life
,
the
Remainder
to
B.
for
life
,
the
Remainder
to
the
Heirs
of
A.
who
dies
,
B.
enters
and
dies
,
a
Stranger
abates
,
the
Heir
of
A.
shall
have
a
Writ
of
Right
upon
the
possession
of
A.
and
if
Land
be
given
to
C.
and
D.
and
to
the
Heirs
of
C.
who
dies
,
and
a
Recovery
is
had
against
D.
and
he
dies
,
the
Heir
of
C.
shall
have
a
Writ
of
Right
of
all
the
Land.
A.
binds
himself
and
his
Heirs
in
twenty
pounds
,
and
dies
,
the
Executors
have
Assetts
,
the
Obligee
releaseth
to
the
Heir
all
Actions
of
Debt
,
the
Executors
pay
the
Assetts
to
other
Creditors
,
The
Obligee
may
have
an
Action
of
Debt
against
the
Heir
;
for
at
the
time
of
the
Release
he
was
not
intitled
to
have
an
Action
against
him
,
but
if
the
Executors
or
the
Heir
had
no
Assetts
at
the
time
of
the
Release
,
and
after
the
Heir
recovers
Assetts
,
the
Release
will
bar
him
.
If
A.
makes
a
Feoffment
of
Land
which
he
hath
on
the
part
of
his
Mother
,
to
the
use
of
himself
and
his
Heirs
,
it
shall
be
to
the
use
of
the
Heirs
on
the
part
of
his
Father
,
if
he
dies
without
Issue
.
A
Fem
sole
hath
a
Rent
Seck
,
and
marries
,
the
Tenant
of
the
Land
grants
to
the
Husband
and
his
Heirs
to
distrain
for
the
Rent
,
the
Husband
and
Wife
die
without
Issue
,
the
distress
is
extinct
;
for
the
Heirs
of
the
Husband
are
onely
privy
to
distrain
.
A
Condition
does
descend
upon
the
Heir
at
Common
Law.
Incertainty
.
IF
one
inseoffs
another
of
twenty
Acres
,
viz.
of
one
to
the
use
of
A.
and
does
not
shew
of
which
Acre
,
A.
takes
nothing
by
the
Feoffment
;
for
the
possession
cannot
be
executed
;
for
it
was
not
certain
which
are
passed
to
A.
and
A.
cannot
have
Election
,
for
he
is
not
privy
.
If
a
Reversion
be
granted
to
one
,
and
after
to
another
,
and
the
Tenant
atturns
to
both
,
neither
of
them
shall
take
for
the
incertainty
.
If
Land
be
given
to
a
Man
and
a
Woman
upon
Condition
,
that
which
of
them
first
marries
shall
have
in
Fee
,
and
they
intermarry
,
neither
of
them
shall
have
Fee.
If
the
Reversion
be
granted
of
black
Acre
,
or
of
white
Acre
,
if
Atturnment
be
good
.
Quaere
for
the
incertainty
.
A.
gives
two
Acres
to
B.
Habend
.
the
one
for
life
,
the
other
in
Fee
without
Deed
,
rendring
a
Robe
or
a
Rent
,
and
doth
not
shew
which
he
shall
have
for
life
.
A.
lets
two
Acres
,
rendring
a
Rent
on
Condition
,
to
be
performed
by
the
Lessee
,
that
he
shall
have
Fee
in
one
Acre
,
not
shewing
which
,
and
makes
Livery
of
both
.
Quaere
.
Infant
.
IF
an
Infant
inseoffs
two
,
and
at
his
full
age
releaseth
to
one
,
it
inures
to
both
.
If
an
Infant
be
forejudged
he
is
bound
for
ever
,
but
if
he
makes
a
Feoffment
of
a
Mannor
,
and
the
Feoffee
is
forejudged
,
yet
the
Infant
may
enter
into
the
Mannor
,
and
distrain
for
the
Mesnalty
,
the
reason
is
,
because
in
the
first
case
he
was
party
to
the
Record
,
and
in
the
last
case
the
Forejudger
was
against
the
Feoffee
,
who
had
a
deseasible
Title
.
A
Recovery
in
Wast
against
an
Infant
will
bind
him
,
but
so
it
will
not
against
his
Grantee
;
for
he
had
a
Title
to
defeat
his
Estate
,
so
in
a
Cessavit
.
Conditions
and
Forfeitures
that
will
bind
a
Fem
Covert
will
bind
an
Infant
.
If
an
Infant
makes
Livery
within
view
he
shall
not
have
an
Assize
if
the
Feoffee
enters
;
for
it
is
more
than
a
Livery
in
Law.
If
an
Infant
Disseisor
makes
a
Feoffment
,
and
a
Dissent
is
cast
,
and
the
Disseisee
releaseth
to
the
Heir
,
yet
the
Infant
shall
have
a
Dum
fuit
infra
aetatem
;
for
he
demands
the
possession
to
which
he
had
more
right
than
the
Disseisee
had
.
As
if
the
Heir
,
who
is
in
by
Descent
brings
an
Assize
against
his
Disseisor
,
it
is
no
plea
for
him
to
plead
the
Release
of
the
Disseisee
,
Causa
qua
supra
.
If
a
Reversion
be
granted
to
an
Infant
,
and
the
Tenant
atturns
at
his
full
age
,
yet
he
may
disagree
;
for
the
Grant
which
was
the
principal
was
in
his
minority
.
If
an
Infant
makes
a
Lease
to
commence
in
futuro
,
and
after
makes
a
Feoffment
,
being
either
at
full
age
,
or
under
age
,
the
Feoffee
shall
not
avoid
the
Lease
.
If
an
Infant
delivers
a
Deed
bearing
date
two
years
after
,
and
at
the
end
of
the
two
years
he
is
of
full
age
,
he
shall
not
be
Estopped
to
shew
the
delivery
before
the
date
.
If
a
Fem
Tenant
in
tail
marries
an
Infant
,
who
aliens
and
dies
,
the
wife
cannot
enter
upon
the
Feoffee
;
for
she
is
not
privy
in
blood
to
the
Infant
,
and
privy
in
Estate
onely
will
not
do
.
As
if
there
be
two
Jointenants
,
and
one
is
a
Minor
and
they
are
disseised
,
and
a
Dissent
cast
,
the
Infant
dies
,
the
Survivor
cannot
enter
as
the
Infant
might
.
Neither
shall
a
Lord
by
Escheat
or
Donor
take
advantage
of
Infancy
.
If
Land
be
given
to
an
Infant
and
his
Heirs
Females
,
and
he
hath
a
Son
and
a
Daughter
,
and
aliens
and
dies
,
his
Daughter
cannot
enter
;
for
she
is
but
a
speciall
Heir
,
Quoad
hoc
.
In
the
principall
case
if
the
Wife
had
been
Tenant
in
Fee
simple
,
the
Heir
of
the
Infant
shall
not
enter
upon
his
alienation
,
as
Litt.
says
;
for
the
Wife
had
the
Right
,
and
a
Title
of
Entry
which
was
in
Right
cannot
descend
to
the
Heir
of
the
Husband
:
but
in
this
case
,
being
the
Husband
hath
given
a
Fee
simple
,
and
had
but
an
Estate
in
tail
,
in
Right
of
his
Wife
,
so
that
more
is
given
than
he
had
in
Right
of
his
wife
,
makes
this
case
more
doubtfull
than
Litts
.
but
yet
it
seems
the
Heir
may
not
enter
;
for
he
cannot
have
the
same
Estate
which
his
Ancestor
had
,
and
the
Right
of
the
Estate
tail
survives
to
the
Wife
;
for
if
Land
be
given
to
an
Infant
in
tail
,
who
aliens
and
dies
without
Issue
,
his
collateral
Heir
cannot
enter
;
for
the
Estate
is
determined
which
the
Infant
had
at
the
time
of
the
Gift
;
for
if
an
Infant
be
Tenant
Par
auter
vye
,
and
aliens
,
and
Cesty
que
vye
dies
,
the
Infant
himself
cannot
enter
,
5
E.
4.
5.
But
in
the
principall
case
,
if
the
Infant
had
made
a
Gift
in
tail
his
Issue
might
have
entred
by
reason
of
the
Reversion
,
but
otherwise
where
no
Estate
descends
to
the
Heir
.
If
Tenant
in
tail
to
him
and
his
Heirs
Females
aliens
and
dies
,
leaving
Issue
a
Son
and
a
Daughter
,
the
Son
shall
not
enter
,
no
more
shall
the
Daughter
,
so
of
the
youngest
Son
in
Borough
English
.
If
Tenant
in
tail
infeoffs
within
age
,
and
after
is
attainted
of
Felony
,
his
Issue
shall
not
enter
,
for
he
is
Disabled
in
blood
.
If
an
Infant
be
disseised
,
and
a
descent
cast
during
non-age
,
and
after
he
comes
of
full
age
,
the
Heir
of
the
Disseisor
dies
before
his
Entry
;
the
Infant
may
enter
,
for
the
Heir
was
never
possest
;
for
he
had
but
a
possession
in
Law.
Joinder
in
Action
.
IF
two
Parceners
dye
before
Partition
,
and
a
stranger
abates
,
the
Issues
shall
not
join
in
a
Mortdancester
,
for
the
Stat.
of
Gloucester
ca.
17.
is
only
when
one
Right
descends
to
divers
,
but
every
issue
claims
her
right
from
and
by
her
Mother
,
so
that
severall
Rights
descended
to
them
,
and
so
out
of
the
Stat.
and
is
as
it
was
at
the
common
Law
,
and
therefore
if
Parceners
are
disseised
,
their
issues
shall
not
join
in
a
Writ
of
Entry
,
but
shall
have
severall
Writs
in
respect
of
their
severall
Rights
,
as
they
shall
have
severall
Formedons
.
If
one
hath
cause
to
have
a
Writ
of
Ayel
,
another
of
Besayel
they
shall
not
join
;
for
they
have
cause
to
have
severall
Writts
;
But
where
one
is
intitled
to
have
a
Writ
of
Mortdancester
,
and
another
Ayel
,
or
Besayel
,
there
they
shall
join
.
But
if
none
of
them
may
have
an
Assize
,
then
there
is
no
Remedy
by
the
Statute
,
2
E.
3.
34.
48
E.
3.
14.
24
E.
3.
13.
If
I
recover
in
an
Assize
,
and
after
I
am
disseised
by
the
same
person
and
another
,
I
shall
not
have
a
Redisseisin
;
for
it
must
be
against
the
same
person
.
If
two
Parceners
make
partition
upon
Record
of
an
Advowson
,
the
Eldest
presents
first
,
and
after
the
youngest
,
and
the
Eldest
and
a
Stranger
present
in
the
turn
of
the
youngest
,
the
youngest
shall
not
have
a
Scire
facias
against
them
;
for
the
Stat.
of
Westm
.
2.
does
give
it
against
those
that
were
parties
to
the
Record
,
but
she
may
have
it
against
her
Sister
:
But
in
the
first
case
a
Redisseisin
doth
not
lie
against
the
Redisseisor
;
for
he
may
plead
Jointenancy
,
but
in
the
last
case
it
is
no
plea
that
another
presented
with
her
;
for
she
may
have
a
Quare
Impedit
against
both
,
or
several
Actions
,
as
a
man
may
in
Trespasse
made
by
two
.
So
if
the
Lord
distrain
his
Tenant
,
and
he
sues
a
Replevin
,
and
after
the
Lord
distrains
the
beast
of
a
stranger
and
another
beast
of
his
Tenant
,
the
Tenant
shall
have
a
Recaption
.
But
if
the
Lord
had
distrained
again
the
beasts
which
his
Tenant
and
the
stranger
had
in
common
,
there
he
could
not
,
because
for
the
last
distress
they
ought
to
joyn
,
and
the
stranger
cannot
join
in
the
Recaption
.
If
a
stranger
makes
a
Rescous
to
the
Lord
,
the
Lord
shall
not
have
an
Assize
against
him
alone
without
the
Tenant
,
because
he
cannot
be
said
Tenant
of
the
Rent
,
but
against
the
Pernor
he
may
have
an
Assize
only
.
And
if
there
be
Lord
,
Mesne
,
and
Tenant
,
and
the
Tenant
makes
Rescous
to
the
Lord
,
●an
Assize
is
not
maintainable
only
against
the
Tenant
.
And
if
there
be
Lord
,
two
jointenants
,
Mesnes
,
and
Tenant
,
and
one
of
the
Mesnes
,
and
the
Tenant
makes
Rescous
the
Lord
shall
not
have
an
Assize
against
one
only
,
but
he
ought
to
name
both
the
Mesnes
.
Two
Fems
Jointenants
in
Fee
have
Husbands
,
who
make
severall
Feofments
of
their
Moities
,
and
die
,
the
Wives
shall
not
join
in
one
Writ
of
Right
;
for
their
Right
was
discontinued
at
several
times
.
So
if
one
Jointenant
disseiseth
the
other
and
makes
a
Feofment
within
Age
,
and
dies
;
or
if
two
Infants
Jointenants
make
several
Feofments
,
and
one
dies
,
the
other
hath
no
Remedy
for
the
Moity
;
but
otherwise
if
wrong
had
been
made
to
them
at
one
time
,
though
severall
wayes
.
If
there
be
issue
of
two
Parceners
,
one
dies
,
and
the
other
endows
the
Wife
,
one
Action
shall
be
maintained
against
both
,
v.
9
E.
4.
14.
against
Tenant
by
the
Curtesie
,
and
the
other
Parcener
,
21
E.
3.
A
Scire
facias
brought
against
Tenant
by
the
Curtesie
,
and
the
other
Parcener
,
and
good
.
Land
is
given
to
four
,
Habendum
,
one
Moity
to
the
first
two
,
the
other
Moity
to
the
other
two
,
the
first
two
are
Jointenants
with
themselves
,
and
Tenants
in
common
with
the
last
two
,
and
so
è
converso
,
they
are
Jointenants
of
a
Moity
,
and
Tenants
in
common
of
the
whole
,
and
two
Praecipes
shall
be
sued
against
the
four
,
and
by
the
four
,
but
for
the
two
joint
Praecipes
for
and
against
them
.
Jointenants
.
TWo
Jointenants
in
Fee
,
one
a
Minor
makes
a
Lease
for
life
,
he
of
full
age
dies
,
the
other
recovers
a
Moity
in
a
Dum
fuit
infra
,
&c.
Tenant
for
life
dies
,
the
Heir
of
the
other
Jointenant
enters
,
the
Infant
outs
him
,
he
brings
an
Assize
,
some
think
it
is
maintainable
.
For
when
he
brought
a
Dum
fuit
infra
,
&c.
and
recovered
a
Moity
,
now
he
defeats
the
Lease
for
his
moity
,
and
makes
it
,
as
if
the
other
had
made
the
Lease
for
life
only
,
which
makes
a
severance
of
the
Jointure
.
Two
Jointenants
by
twelve
pence
,
one
grants
all
that
belongs
to
him
upon
Condition
,
the
Lord
grants
the
Seignory
of
one
with
Atturnment
,
the
Feoffor
Enters
for
breach
of
the
Condition
,
he
shall
hold
by
twelve
pence
,
and
the
other
by
twelve
pence
also
;
for
there
is
no
Apporcionment
.
Though
one
Jointenant
cannot
infeoffe
his
Companion
,
yet
his
Companion
and
another
he
may
,
and
the
Livery
made
to
the
other
shall
vest
the
Estate
in
both
.
If
a
Reversion
be
granted
to
Tenant
for
life
,
and
a
stranger
,
the
Jointure
of
the
Fee
is
severed
;
for
Tenant
for
life
hath
a
Fee
in
the
moity
Executed
.
If
the
Reversion
be
granted
to
Tenant
in
tail
and
a
Stranger
,
the
Fee
remaines
in
Jointure
,
And
if
the
Husband
be
Tenant
for
life
,
and
the
Reversion
is
granted
to
him
and
his
Wife
,
the
Jointure
remains
;
for
there
is
no
Moities
between
them
.
If
a
Lease
be
made
to
two
,
Habendum
one
Moity
to
one
,
the
other
to
the
other
for
life
,
and
after
a
Confirmation
is
made
to
them
and
their
Heirs
,
the
Joynture
of
the
Fee
is
severed
;
for
the
Confirmation
inures
according
to
the
Nature
of
the
Estate
.
But
if
the
Reversion
had
been
granted
to
them
in
Fee
they
had
been
Joyntenants
;
for
the
particular
Estate
had
been
drowned
.
If
there
be
two
Tenants
in
Common
for
life
,
and
the
Reversion
is
granted
to
two
Jointly
,
and
one
Purchaseth
the
Estate
of
one
Tenant
for
life
,
and
the
other
,
of
the
other
:
The
Joynture
is
severed
;
For
the
Purchase
being
at
severall
times
,
presently
upon
each
purchase
the
fee
was
executed
.
If
a
Seignory
be
granted
in
fee
to
two
,
one
takes
an
Estate
of
the
Tenancy
pur
auter
vye
,
cesty
que
vye
dies
.
The
Jointure
remains
,
because
they
were
Jointenants
at
the
beginning
.
Two
Jointenants
for
life
,
and
one
is
bound
in
a
Statute
,
and
then
grants
his
Estate
,
yet
it
is
liable
to
execution
,
during
his
life
,
,
but
't
is
otherwise
of
an
Estate
for
years
,
for
in
the
one
the
Land
is
bound
by
the
Statute
,
in
the
other
not
.
If
a
Recovery
be
had
against
one
Jointenant
,
his
Companion
shall
not
avoid
it
,
for
the
Right
was
bound
,
but
it
is
otherwise
of
Charges
,
for
the
possession
is
only
chargeable
.
If
one
Jointenant
in
Fee
takes
a
Lease
by
Indenture
of
his
Moity
from
a
stranger
,
the
Survivor
shall
avoid
it
.
Land
is
given
to
two
and
the
Heirs
of
their
bodies
,
the
remainder
to
their
right
Heirs
,
they
are
not
Jointenants
of
the
Fee.
If
one
Jointenant
makes
a
Lease
for
five
years
,
on
Condition
that
the
Lessee
doth
such
an
Act
by
a
day
,
he
shall
have
for
twenty
years
,
and
he
dies
before
the
day
,
the
Condition
is
void
as
to
the
Survivor
.
If
there
be
two
Jointenants
for
life
,
one
makes
a
Lease
for
years
and
dies
,
the
Survivor
shall
not
avoid
it
;
for
the
same
Estate
which
he
had
continues
now
,
and
there
is
no
difference
if
they
had
a
Feesimple
,
some
think
the
contrary
;
for
the
Survivor
hath
not
the
Freehold
of
his
Companion
,
as
he
hath
the
Fee
where
they
are
Jointenants
in
Feesimple
;
for
his
Estate
determins
by
his
death
.
But
all
agree
that
if
A.
and
B.
be
Jointenants
for
the
life
of
C.
and
A.
makes
a
Lease
for
life
and
dies
,
B.
shall
not
avoid
it
;
for
the
Estate
which
he
had
continues
.
Two
Jointenants
in
Fee
are
disseised
by
the
Father
of
one
,
who
dies
,
and
the
son
enters
,
he
is
remitted
to
all
the
land
,
&
his
Companion
shall
enter
with
him
.
And
it
is
not
like
the
case
where
two
are
disseised
,
and
a
Dissent
cast
during
the
Nonage
of
one
,
and
he
enters
,
and
is
remitted
for
a
Moity
,
his
Companion
shall
not
enter
,
because
that
this
priviledge
is
given
him
in
respect
of
his
person
more
than
in
respect
of
the
Land.
Neither
is
it
like
the
case
where
Tenant
in
tail
enfeoffs
one
Daughter
,
and
she
dies
,
she
being
within
age
,
she
is
remitted
,
and
yet
her
Companion
shall
not
have
Advantage
of
it
,
because
the
Right
was
not
in
them
before
.
If
a
Fem
Jointenant
for
years
takes
Husband
,
and
she
dies
,
the
Survivor
shall
have
all
.
Two
Jointenants
of
two
Acres
,
the
Land
is
confirmed
to
them
in
Fee
,
of
one
Acre
to
the
use
of
one
,
and
of
the
other
to
the
use
of
the
other
,
they
are
severall
Tenants
of
the
Freehold
of
the
Acres
;
for
the
Freehold
is
drownd
to
the
Confirmation
to
the
use
.
Tenant
for
life
makes
a
Lease
for
life
,
the
remainder
to
his
Lessor
and
a
Stranger
,
they
are
not
Jointenants
,
but
the
Stranger
shall
take
all
;
for
he
could
not
give
a
Fee
to
him
that
had
it
before
.
As
if
Tenant
in
tail
infeosfs
the
Donor
,
or
if
one
Jointenant
his
Companion
and
a
Stranger
,
the
Stranger
takes
all
.
If
two
Jointenants
makes
a
Lease
for
life
,
and
one
grants
his
part
of
the
Reversion
during
the
life
of
the
Lessee
,
some
think
this
is
a
severance
of
the
Jointure
.
If
one
Jointenant
makes
a
Lease
for
years
,
the
Remainder
to
the
right
Heirs
of
A.
if
the
Lessor
dies
in
the
life
of
A.
the
Survivor
shall
have
the
Reversion
;
for
the
Lease
for
yeares
was
no
severance
of
the
Jointure
,
neither
could
it
support
the
contingent
remainder
.
Judgement
.
IN
Debt
upon
a
Recovery
in
trespass
,
the
plaintiff
recovers
there
where
the
action
was
brought
,
a
Writ
of
Error
depending
in
B.
R.
upon
trespass
,
and
after
the
Judgement
given
in
debt
the
Judgement
in
trespass
is
reversed
.
Quaere
what
remedy
he
shall
have
for
the
debt
recovered
?
for
it
is
a
Recovery
in
the
C.
B.
which
he
cannot
reverse
in
another
Court
,
and
though
he
might
,
yet
the
Execution
of
the
debt
being
past
;
he
cannot
be
restored
to
that
by
the
Reversall
in
the
first
Writ
of
Error
in
the
trespass
.
Lease
.
IF
a
Lease
be
made
for
years
,
and
after
the
Lessor
makes
another
Lease
for
life
to
commence
after
the
end
of
the
term
,
the
second
Lease
is
void
although
there
be
Atturnment
;
for
a
Freehold
cannot
passe
out
of
any
person
that
hath
a
greater
Estate
,
reserving
an
Estate
until
the
Freehold
commences
:
but
if
the
Lease
had
been
but
for
years
it
had
been
otherwise
,
and
in
the
mean
time
the
Lessee
shall
have
the
Rent
reserved
upon
the
first
Lease
,
for
a
Lease
for
years
is
nothing
but
a
Contract
.
If
a
Lease
be
made
for
ten
years
to
commence
at
Michaelmas
,
and
after
he
makes
a
Lease
for
twenty
years
to
commence
at
Easter
,
the
second
Lease
is
good
for
ten
yeares
,
though
the
first
Lessee
surrenders
before
;
for
it
was
void
for
ten
years
at
the
first
:
by
the
same
reason
if
one
makes
a
Lease
for
life
,
and
after
makes
a
Lease
for
years
to
commence
presently
,
the
second
Lease
is
void
although
the
first
Lessee
dies
within
a
year
after
.
If
Lessee
pur
auter
vye
makes
a
Lease
for
twenty
years
by
Indenture
,
and
after
purchaseth
the
Reversion
in
Fee
,
and
Cesty
que
vye
dies
,
the
Lessor
may
enter
upon
the
Lessee
although
the
years
continue
;
for
he
hath
a
new
Estate
and
may
confesse
the
Conclusion
,
and
avoid
it
.
But
if
A.
lets
Lands
in
which
he
hath
nothing
,
and
after
purchaseth
the
Land
,
the
Lessee
may
Estop
him
although
he
had
not
any
Estate
at
the
time
of
the
Lease
,
so
he
cannot
confesse
the
Lease
and
avoid
it
,
as
he
may
in
the
other
case
;
for
in
this
case
the
Lease
took
effect
by
way
of
Estopple
,
but
in
the
other
case
there
was
an
Interest
conveyed
at
first
.
If
the
Patron
grants
the
next
avoidance
,
and
after
he
,
the
Ordinary
and
Incumbent
make
a
Lease
of
the
Rectory
for
twenty
years
,
the
Incumbent
of
the
first
Grantee
shall
avoid
the
Lease
,
but
if
he
dies
during
the
Lease
,
the
Lessee
shall
enjoy
it
during
the
rest
of
the
years
against
the
Successor
.
And
if
Land
be
given
to
Husband
and
Wife
,
and
to
the
Heirs
of
the
Husband
,
he
makes
a
Lease
for
years
and
dies
,
after
the
death
of
the
Wife
the
Lessee
shall
enjoy
the
Residue
of
the
years
against
the
Heir
of
the
Husband
;
for
the
Lease
did
once
take
effect
.
But
where
a
Lease
for
life
is
made
,
and
a
Lease
for
years
to
begin
presently
,
that
was
void
at
the
beginning
against
all
persons
,
and
therefore
can
never
take
effect
.
If
the
Donor
disseiseth
the
Tenant
in
tail
and
makes
a
Lease
for
years
,
and
the
Tenant
in
tail
dies
without
Issue
,
the
Lessee
shall
have
the
Residue
of
the
term
against
the
Donor
;
but
if
Tenant
in
tail
makes
a
Lease
for
years
,
and
the
Donor
confirms
,
and
the
Issue
outs
the
Termor
and
dies
without
Issue
,
the
Lessee
shall
not
enjoy
his
term
;
for
in
the
one
case
he
claims
from
the
Donor
,
and
in
the
other
from
the
Donee
.
If
a
Lease
be
made
to
A.
for
life
,
and
twenty
years
over
,
he
shall
have
the
years
although
livery
be
not
made
of
the
Land.
If
a
lease
be
made
for
the
lives
of
A.
and
B.
and
A.
dies
,
the
lease
shall
continue
for
the
life
of
B.
But
if
two
make
a
lease
for
sixty
years
,
if
they
two
shall
so
long
live
,
if
either
of
them
die
the
Estate
is
determined
;
for
that
was
not
a
limitation
but
a
Condition
.
But
if
a
lease
be
made
during
the
time
that
A.
and
B.
shall
inhabit
within
London
,
and
one
of
them
dwells
in
another
place
,
the
lease
is
determined
,
for
it
is
a
collaterall
determination
.
If
I
licence
one
to
occupy
my
land
until
the
Corn
that
is
growing
upon
him
is
ripe
,
that
is
a
good
lease
.
Lessee
for
twenty
years
makes
a
lease
for
ten
years
,
and
then
makes
a
lease
to
the
same
lessee
for
ten
years
to
commence
after
the
determination
of
the
first
ten
years
,
the
last
ten
years
are
not
out
of
the
first
lessee
,
and
therefore
the
second
lessee
shall
have
the
Rent
which
was
reserved
by
the
first
lessor
during
the
first
ten
years
.
Quaere
.
A.
makes
a
lease
for
twenty
years
,
and
then
makes
another
lease
for
forty
years
to
C.
to
commence
after
the
expiration
of
the
first
lease
,
and
then
he
makes
a
lease
to
the
first
lessee
for
thirty
years
,
the
lease
of
C.
shall
not
begin
presently
;
for
nothing
extinguishes
and
avoids
the
lease
but
the
taking
the
second
lease
.
And
then
the
lease
to
C.
is
an
impediment
that
the
second
lease
cannot
commence
,
and
therefore
the
first
lease
is
not
determined
.
Tenant
in
tail
marries
,
and
makes
a
lease
for
years
,
the
Wife
endowed
shall
avoid
the
lease
for
her
time
,
but
after
her
decease
the
lease
will
stand
good
against
the
Heir
if
the
Heir
accepts
the
Rent
.
If
Tenant
in
tail
makes
a
lease
for
years
,
and
marries
,
and
dies
without
issue
,
the
Donor
avoids
the
lease
,
and
the
Wife
recovers
her
Dower
,
the
Lessee
shall
enjoy
it
against
her
.
A.
makes
a
lease
for
forty
years
,
Provided
,
that
if
B.
dies
within
the
term
,
that
it
shall
be
but
for
twenty
;
A.
dies
at
the
end
of
four
and
twenty
years
,
the
lessor
brings
an
Action
of
Waste
,
for
waste
done
between
the
three
and
twenty
and
four
and
twenty
years
:
some
think
it
is
maintainable
in
the
tenuit
,
for
the
term
continues
until
the
death
of
B.
If
a
Rent
had
been
granted
for
forty
years
with
such
a
Proviso
,
and
he
dies
,
ut
supra
,
the
Tenant
of
the
Land
may
have
an
Action
of
Accompt
for
the
Rent
received
after
the
twenty
years
;
for
now
upon
the
matter
the
Grant
ended
at
twenty
years
.
If
a
Lease
be
made
of
Land
to
me
during
my
life
,
and
the
life
of
B.
that
is
but
an
Estate
for
my
own
life
;
for
the
greater
drowns
the
lesser
.
If
a
Lease
be
made
to
two
for
forty
years
,
if
they
shall
so
long
live
,
and
one
dies
,
the
Lease
determins
;
for
it
is
a
Condition
and
not
a
Limitation
.
So
if
the
Lease
had
been
so
long
as
A.
and
B.
shall
be
Justices
,
&c.
A.
le
ts
during
the
life
of
Baron
&
Fem
,
the
Lessee
grants
during
the
Coverture
.
Limitation
.
IF
Land
be
given
to
one
and
the
Heirs
males
of
his
body
,
the
Remainder
to
the
Heirs
Females
of
his
body
,
the
Daughter
of
the
Son
shall
not
take
by
this
Limitation
.
If
Land
be
given
,
Habendum
to
him
and
the
Heirs
males
of
his
body
,
and
to
him
and
the
Heirs
Females
of
his
body
,
if
he
shall
take
it
as
a
Remainder
?
Quaere
.
But
Litt.
faith
in
the
last
case
but
one
,
that
the
Warranty
of
the
Father
shal
be
lineal
to
the
Daughter
.
If
Land
be
given
to
one
and
the
Heirs
Males
of
his
body
,
and
the
Heirs
Females
of
his
body
,
if
he
hath
Issue
Male
and
Female
,
they
shall
take
by
Moities
severally
by
descent
.
So
if
a
Woman
hath
three
Sons
by
severall
Husbands
,
and
Land
is
given
to
the
Woman
and
to
the
Heirs
of
her
first
and
second
Husband
,
some
think
the
two
Sons
shall
take
severally
by
Moities
,
and
yet
it
was
but
one
Estate
in
the
Woman
.
A
Feoffment
is
made
to
the
use
of
I.
and
after
to
the
use
of
the
Feoffor
and
his
Heirs
,
the
Feoffor
doth
not
take
it
by
Remainder
;
for
the
Limitation
to
himself
is
void
;
for
the
Law
saith
as
much
,
but
it
is
in
him
as
a
Reversion
.
But
if
the
Feoffment
had
been
to
the
use
of
the
Feoffor
for
life
,
there
the
Feoffee
shall
have
the
Fee
to
his
own
use
.
If
a
man
makes
a
Lease
for
life
to
the
use
of
A.
and
his
Heirs
,
there
A.
bath
a
Fee
determinable
.
Land
is
given
to
a
man
and
to
two
women
Cousins
of
the
Donor
in
Frank-marriage
,
or
to
a
man
,
and
to
two
women
,
and
to
the
Heirs
of
their
bodies
begotten
,
or
to
two
men
&
to
two
women
,
and
to
the
Heirs
of
their
bodies
begotten
,
in
every
of
these
cases
each
hath
an
Estate
tail
in
one
part
,
and
shall
be
Jointenants
of
the
Freehold
,
and
in
none
of
these
cases
there
shall
be
a
speciall
tail
.
So
Land
given
to
three
,
one
Moity
to
Baron
&
Fem
in
Frankmarriage
,
or
in
speciall
tail
,
and
another
Moity
to
the
same
man
,
and
another
woman
in
speciall
tail
,
or
when
it
is
given
to
a
man
,
and
to
two
women
,
or
two
men
and
two
women
,
and
the
Heirs
of
their
bodies
,
this
is
as
much
as
to
say
,
to
the
Heirs
of
all
their
bodies
,
so
that
by
the
words
,
the
Heir
that
must
inherit
must
be
Heir
of
all
their
bodies
,
which
is
impossible
:
and
being
the
words
cannot
be
performed
litterally
,
the
Law
will
make
the
best
Construction
,
and
make
them
severall
Estates
tail
in
every
of
them
,
and
joint
Freeholds
,
Quod
nota
.
If
Land
be
given
to
two
,
to
the
one
for
life
,
and
to
the
other
for
years
,
they
are
Tenants
in
Common
.
But
if
a
Gift
be
made
to
Baron
&
Fem
,
and
to
a
third
person
,
that
is
,
to
the
third
person
for
life
,
to
the
Husband
in
tail
,
and
to
the
Wife
for
years
,
if
the
third
shall
take
the
moity
?
Quaere
how
the
Husband
and
Wife
shall
take
jointly
,
or
severally
,
or
how
much
severally
?
If
Tenant
for
life
makes
a
Lease
for
life
,
the
Remainder
to
the
Lessor
and
a
Stranger
,
some
think
the
Stranger
shall
take
all
;
for
he
cannot
give
a
Fee
to
him
that
had
a
Fee
before
;
as
if
one
Jointenant
infeoffs
his
Companion
and
a
Stranger
,
and
if
he
had
made
a
Lease
Pur
auter
vye
,
the
Remainder
ut
supra
,
there
perhaps
it
would
inure
jointly
,
but
the
limitation
of
the
Fee
here
works
by
wrong
,
and
it
is
better
for
the
Lessor
that
the
Stranger
takes
all
;
for
then
he
may
have
his
Action
for
all
.
Livery
&
Seisin
.
IF
a
man
makes
livery
of
one
Acre
in
the
name
of
that
and
another
,
which
he
hath
for
life
in
tail
in
right
of
his
Wife
,
or
of
his
Parsonage
,
or
Bishoprick
,
all
pass
.
But
if
it
be
in
the
name
of
an
Acre
,
which
he
hath
for
years
,
or
as
Guardian
,
or
by
reason
of
an
Execution
,
it
is
otherwise
.
If
a
man
makes
a
Feofment
to
A.
and
the
Mayor
and
Commonalty
of
London
,
and
makes
livery
to
one
in
the
name
of
both
,
none
takes
,
but
him
that
took
the
livery
.
If
Tenant
for
life
enfeoffs
the
Wife
of
the
lessor
,
and
the
lessor
makes
the
livery
,
yet
it
is
a
Forfeiture
.
If
a
Feofment
be
made
of
a
Mannor
with
an
Advowson
appendant
,
if
livery
be
not
made
the
Advowson
will
not
passe
in
grosse
by
the
delivery
of
the
Deed.
A
Disseisee
cannot
make
a
Letter
of
Atturney
to
deliver
seisin
,
for
he
hath
not
possession
:
but
if
he
delivers
the
letter
of
Atturney
as
an
Escrowl
,
to
deliver
seisin
after
his
Entry
,
it
may
be
good
.
If
a
man
makes
a
lease
for
life
,
and
after
makes
a
Feofment
with
a
letter
of
Atturney
,
&c.
and
after
Tenant
for
life
dies
,
if
he
may
now
make
livery
?
If
a
Feofment
be
made
to
A.
and
a
Fem
sole
,
with
a
letter
of
Atturney
to
deliver
seisin
,
and
before
seisin
they
intermarry
,
and
then
seisin
is
delivered
,
they
shall
take
by
moities
.
A.
makes
a
Feofment
of
three
Acres
,
and
after
purchaseth
another
Acre
,
and
delivers
seisin
in
that
Acre
in
the
name
of
the
rest
,
if
the
other
shall
passe
,
Quaere
?
If
two
Jointenants
make
a
Feofment
with
a
Letter
of
Atturny
to
deliver
seisin
,
and
one
makes
a
Feoffment
and
Livery
in
person
,
it
is
a
Countermand
of
the
whole
Livery
;
for
he
that
took
the
Livery
hath
no
privity
with
the
other
as
to
that
.
Livery
made
to
the
particular
Tenant
within
view
is
not
good
to
him
in
Remainder
;
for
it
can
benefit
none
but
him
that
took
it
;
And
if
there
be
two
particular
Tenants
with
a
Remainder
over
some
,
that
Livery
made
to
one
will
not
transfer
the
Remainder
.
And
if
a
Lease
be
made
to
A.
and
B.
upon
Condition
,
that
if
A.
doth
such
an
Act
,
that
he
shall
have
Fee
,
and
Livery
is
made
to
B.
onely
,
that
will
not
enlarge
the
Estate
of
A.
for
he
that
took
the
Livery
hath
no
privity
with
the
other
as
to
that
.
Livery
cannot
enlarge
an
Estate
if
the
determination
of
it
be
certain
.
Market
overt
.
IF
my
Goods
are
stollen
,
and
I
sell
them
in
Market
overt
for
a
certain
sum
,
the
Vendor
hath
no
Remedy
for
his
money
;
for
the
Contract
was
void
;
for
if
one
buyes
goods
in
Market
overt
knowing
them
to
be
stollen
,
the
property
is
not
changed
,
no
more
is
it
here
;
for
the
Vendor
knew
they
were
stollen
from
himself
.
If
he
which
knows
the
Goods
were
stollen
,
and
another
buys
them
in
Market
overt
,
and
the
Stranger
dies
,
he
shall
have
all
the
Goods
,
and
the
property
was
not
altered
at
the
first
,
but
for
a
Moity
.
If
Goods
be
stolen
and
are
sold
in
a
Market
overt
,
and
after
he
that
sold
them
buys
them
again
,
yet
the
first
Owner
cannot
take
them
;
for
the
property
was
altered
by
the
first
sale
.
Nusance
.
IF
one
hath
a
Mill
or
House
which
falls
down
,
and
in
the
mean
time
a
Nusance
is
levied
,
and
then
it
is
rebuilt
,
he
shall
not
have
an
Assiz●
of
Nusance
,
nor
abate
it
;
for
it
was
not
made
to
the
Nusance
of
his
Frank
Tenement
;
for
it
was
not
then
in
being
,
but
the
Nusance
is
elder
than
the
Freehold
.
Some
think
all
is
one
,
if
the
Nusance
had
been
levied
in
the
time
of
the
old
house
.
Obligation
.
IF
A.
hath
two
Daughters
,
and
binds
himself
and
his
Heirs
in
an
Obligation
to
the
Eldest
,
and
dies
seised
of
Lands
,
and
leaves
Assetts
to
his
Executors
,
the
Obligation
is
discharged
;
for
it
cannot
be
apporcioned
.
If
two
are
bound
jointly
,
and
one
delivers
the
Deed
at
one
time
,
and
the
other
at
another
,
yet
it
is
a
good
joint
Obligation
.
If
an
Obligation
be
made
to
a
Fem
sole
and
another
,
and
the
Fem
marries
and
dies
,
the
other
shall
have
the
whole
duty
;
for
a
Chose
in
action
does
survive
.
Occupant
.
A
Lease
is
made
to
one
for
the
lives
of
A.
and
B.
the
Lessee
makes
a
Lease
for
the
life
of
A.
only
,
if
the
second
Lessee
dies
,
living
A.
the
Occupant
shall
have
it
.
If
Land
be
given
to
two
,
to
one
for
the
life
of
A.
and
to
the
other
for
the
life
of
B.
if
one
dies
,
the
other
shall
make
himself
a
Title
against
an
Occupant
.
If
a
Lease
be
made
upon
Condition
,
that
if
the
Rent
be
behind
,
the
Lessor
shall
enter
and
retain
,
and
the
Lessor
enters
and
dies
,
his
Heir
shall
have
it
against
an
Occupant
.
If
I
am
Lessee
for
the
life
of
C.
and
I
grant
my
Estate
to
D.
upon
Condition
,
that
if
D.
dies
,
living
C.
that
it
shall
be
lawfull
for
me
to
re-enter
.
Quaere
,
if
this
Condition
be
sufficient
for
me
to
enter
upon
an
Occupant
?
If
a
man
commits
Felony
,
and
the
Lord
grants
his
Seignory
,
and
after
the
man
makes
a
Feofment
upon
Condition
,
and
is
Attainted
,
and
obtains
his
pardon
,
and
after
Re-enters
for
●reach
of
the
Condition
and
dies
,
if
the
Occupant
shall
have
the
Land
,
or
the
Lord
,
or
the
Issue
,
is
the
Question
?
A.
makes
a
Feoffment
to
B.
Habendum
to
him
so
long
as
Pauls
Steeple
shall
stand
,
B.
dies
without
Heir
.
Quaere
if
the
Lord
may
enter
by
Escheat
,
or
an
Occupant
shall
have
it
?
Outlawrie
.
IF
a
man
grants
to
another
one
of
his
Horses
,
until
the
Grantee
hath
made
Election
there
is
no
property
vested
in
him
,
neither
shall
he
forfeit
it
by
Outlawry
.
Parceners
&
Partition
.
A.
seised
of
two
Acres
hath
a
Son
and
a
Daughter
by
one
venter
,
and
a
Son
by
another
,
grants
a
Rent
out
of
one
Acre
to
the
Son
,
who
dies
,
the
Father
dies
,
the
Daughters
make
Partition
,
the
Land
charged
is
allotted
to
the
youngest
,
she
shall
hold
it
charged
with
all
to
the
Eldest
,
34
Ass
.
P.
15.
A.
hath
Issue
two
Daughters
,
and
holds
Land
of
the
Eldest
by
Suite
and
an
Hawke
,
and
dies
,
the
Daughters
assign
a
third
part
to
the
Mother
in
Dower
,
and
then
makes
Partition
,
Tenant
in
Dower
shall
not
be
contributory
for
any
part
of
the
Services
;
for
the
Reversion
remains
in
Parcenary
between
them
two
:
for
they
cannot
make
Partition
thereof
,
and
then
the
whole
Seignory
is
in
suspence
,
and
also
the
youngest
Daughter
shall
be
discharged
of
the
Tenure
;
and
yet
if
Land
holden
by
an
Hauke
discend
upon
the
Seignoresse
and
her
Sister
,
and
they
make
Partition
,
the
Seignoresse
shall
have
the
Hauk
,
but
there
no
suite
;
for
by
the
Stat.
of
Marlbridge
ca.
9.
the
Eldest
ought
to
do
it
,
and
the
youngest
is
to
be
contributory
,
but
she
being
Seignoresse
cannot
do
it
to
her self
,
ergo
,
&c.
But
the
Reason
in
the
principall
case
why
the
youngest
shall
be
discharged
,
is
,
because
the
Seignory
is
in
suspence
for
parcel
,
and
it
cannot
be
in
esse
for
the
rest
:
But
if
a
Tenant
hath
two
Daughters
,
and
the
Lord
seises
the
youngest
within
age
,
he
shall
distrain
the
other
for
the
Moity
of
the
Seignory
and
the
Act
of
Law
shall
not
prejudice
him
.
Quaere
,
for
the
Seisure
is
his
own
Act.
If
one
Sister
be
Seignoress
,
to
whom
the
Tenancy
is
descended
,
she
shall
not
have
the
Rent
nor
other
Charge
before
Partition
,
but
if
she
had
the
tythes
she
should
have
had
them
after
severance
from
the
nine
years
before
Partition
;
for
they
lye
in
Prendre
,
and
she
takes
them
as
Parson
.
Before
Partition
one
Parcener
makes
a
Lease
of
an
Acre
to
I.
S.
for
twenty
years
,
and
they
after
make
Partition
,
so
that
that
Acre
is
allotted
to
her
,
it
seems
she
shall
out
the
Lessee
;
for
the
Partition
hath
relation
from
the
death
of
theAncestor
,
and
yet
at
this
time
she
had
full
power
to
make
a
Lease
of
the
Moity
of
it
.
So
it
seems
she
shall
avoid
a
Rent
Charge
granted
by
her
Sister
.
If
the
Husband
makes
a
Lease
of
an
Aere
which
is
after
assigned
to
his
Wife
by
a
Recovery
in
Dower
upon
a
Title
which
she
had
at
that
time
,
she
shall
avoid
the
Lease
,
&c.
forall
.
Quaere
in
both
cases
.
If
one
Parcener
recovers
pro
rata
against
her
Companion
,
she
shall
avoid
the
Charge
made
by
her
in
the
Land
recovered
as
an
Exchanger
shall
do
.
Land
recovered
in
value
after
Partition
by
one
Parcener
shall
be
rateable
.
A.
seised
of
two
Acres
hath
two
Daughters
,
and
grants
a
Rent
Charge
out
of
one
Acre
to
the
Eldest
and
dies
,
they
make
Partition
,
the
Eldest
hath
the
Land
Charged
,
and
the
other
being
impleaded
Recovers
against
the
Eldest
pro
rata
,
she
shall
hold
the
Land
Recovered
in
value
pro
rata
with
the
portion
of
the
Rent
.
If
Parceners
make
Partition
,
and
one
aliens
in
Fee
,
a
Stranger
by
a
Title
Paramount
enters
upon
the
other
,
she
shall
not
occupy
the
Land
with
the
Feoffee
;
for
the
privity
is
dissolved
;
for
she
cannot
recover
pro
rata
;
If
A.
be
seised
of
one
Acre
in
tail
,
and
of
another
in
Fee
,
hath
two
Daughters
,
they
make
Partition
,
the
younger
hath
the
Acre
in
tail
,
the
Lord
of
whom
the
Acre
in
Fee
is
holden
shall
take
notice
of
this
Partition
,
it
seems
otherwise
for
a
Donor
of
an
Acre
in
tail
;
for
he
shall
not
be
bound
by
that
Partition
unduly
made
,
no
more
than
the
Issue
in
tail
shall
be
,
but
the
parties
that
made
the
Partition
,
being
of
full
age
are
concluded
;
but
if
one
Acre
in
tail
be
allotted
to
one
,
and
the
other
Acre
in
tail
to
the
other
,
the
Donor
is
concluded
.
If
Partition
be
of
Land
in
tail
,
and
a
Rent
is
granted
for
equality
of
Partition
,
that
Rent
shall
be
in
tail
,
2
H.
7.
5.
But
if
there
be
Parceners
of
two
Acres
,
one
in
tail
,
and
the
other
in
Fee
,
and
she
which
hath
the
Acre
in
Fee
grants
the
Rent
to
the
other
for
Equality
,
that
Rent
shall
be
but
in
tail
,
but
if
that
Rent
had
been
granted
to
her
which
had
the
Fee
,
it
shall
be
in
Fee
;
for
if
she
dies
without
Issue
her
Heir
shall
have
it
so
long
as
the
other
hath
Issue
of
her
body
;
for
til
that
ceases
thePartition
stands
:
but
if
there
be
four
Acres
,
three
in
Fee
,
and
one
in
tail
,
and
she
which
hath
the
third
Acre
grants
a
Rent
for
equality
,
thatshall
be
a
Fee
Quia
sequitur
magis
principale
.
Three
Parceners
in
tail
make
a
Feoffment
with
Warranty
,
the
Eldest
first
,
and
the
youngest
after
dies
without
Issue
,
the
second
hath
Issue
and
dies
,
the
Issue
brings
a
Formedon
,
she
shall
recover
a
Moity
of
the
part
of
the
eldest
,
and
a
moity
of
the
part
of
the
youngest
,
and
no
more
;
for
the
Warranty
of
the
Eldest
was
collateral
to
the
second
for
the
part
of
the
second
;
for
the
other
part
she
could
not
make
her self
Heir
to
her
that
made
the
Warranty
,
but
yet
for
the
part
of
the
Eldest
,
the
Warranty
is
Lineall
to
the
second
and
youngest
Daughter
;
for
they
might
Inherit
as
Heir
to
her
,
and
for
the
part
of
the
youngest
as
to
her self
and
her
Heirs
,
for
their
third
part
the
Warranty
of
the
Eldest
is
collateral
;
for
the
youngest
or
her
Heirs
could
not
make
themselves
Heirs
of
that
third
part
to
the
Eldest
who
made
the
Warranty
,
so
that
the
Warranty
of
the
Eldest
shall
enure
,
as
aforesaid
.
Then
as
to
the
youngest
,
who
died
last
,
her
Warranty
as
to
the
second
Sisters
part
is
collaterall
,
and
to
her
Issue
;
for
they
cannot
make
themselves
Heirs
to
her
who
made
the
Warranty
,
&c.
But
as
to
a
Moity
of
the
Eldest
,
't
is
Lineall
,
and
as
to
the
other
Moity
collateral
;
for
by
possibility
the
youngest
and
the
second
might
have
had
the
part
of
the
Eldest
by
Descent
,
if
the
Eldest
had
died
first
,
as
she
did
,
then
if
the
youngest
dies
without
Issue
,
the
Moity
of
the
third
part
which
descends
to
her
from
the
Eldest
,
descends
to
the
second
as
Heir
to
the
youngest
.
Then
as
to
the
other
third
part
of
the
Eldest
,
the
Warranty
of
the
youngest
is
collaterall
to
the
second
;
for
the
second
as
to
the
Moity
of
that
third
part
could
not
have
been
Heir
to
the
youngest
,
who
made
the
Warranty
,
but
ought
to
have
been
as
immediate
Heir
to
the
Eldest
,
and
as
to
her
own
part
her
Warranty
as
the
second
is
Lineall
;
for
by
possibility
she
might
have
had
that
part
as
Heir
to
the
youngest
,
then
being
the
youngest
is
dead
without
Issue
,
the
Warranty
of
the
Eldest
as
to
a
Moity
of
the
part
of
the
youngest
is
Lineal
,
and
as
to
the
other
part
of
that
part
't
is
collateral1
to
the
second
;
for
by
possibility
the
youngest
might
first
have
died
,
and
then
her
part
descends
to
the
Eldest
and
the
second
,
and
so
a
Moity
of
that
might
descend
from
the
Eldest
to
the
second
,
and
therefore
the
Warranty
of
the
Eldest
shall
be
Lineall
for
one
Moity
of
the
part
of
the
youngest
,
and
for
the
other
Moity
of
the
part
of
the
youngest
't
is
Collaterall
,
and
so
the
Warranty
of
the
Eldest
which
upon
the
descent
was
Collaterall
to
the
youngest
;
for
the
part
of
the
youngest
,
is
now
changed
for
the
Moity
,
and
made
Lineal
for
the
Moity
.
v.
9.
H.
5.
12.
4
H.
7.
18.
Three
Parceners
make
Partition
,
the
Eldest
hath
one
Acre
in
Fee
,
the
second
another
Acre
in
Fee
,
the
third
one
in
tail
,
all
being
of
full
age
,
the
Eldest
dies
,
her
Issue
enters
upon
the
youngest
(
as
she
may
)
the
second
may
enter
also
,
and
the
Partition
is
defeated
;
for
when
the
youngest
is
outed
,
the
second
shall
have
part
of
that
to
which
the
Issue
of
the
Eldest
is
remitted
,
as
she
would
if
she
had
recovered
in
a
Formedon
,
if
the
second
may
not
enter
it
will
be
a
mischief
;
for
she
cannot
have
Aid
,
being
the
other
holds
pro
indiviso
.
A.
hath
two
Daughters
by
one
Venter
,
and
a
third
by
another
,
the
youngest
is
seised
of
three
Acres
of
equall
value
,
and
grants
a
Rent
of
three
shillings
to
the
Father
in
Fee
,
and
then
infeoffs
the
second
of
one
Acre
,
who
dies
without
Issue
,
so
that
it
descends
to
the
Eldest
,
the
Father
dies
,
the
Eldest
shall
have
the
Rent
,
but
if
the
second
had
infeoffed
the
Eldest
of
the
Acre
,
then
she
should
have
nothing
;
for
in
the
first
case
she
hath
the
Land
by
descent
,
and
the
Rent
also
,
and
therefore
the
Rent
shall
be
apporcioned
,
but
in
the
other
case
she
hath
the
Land
by
purchase
,
in
which
case
the
Rent
shall
be
extinct
,
though
she
hath
the
Rent
by
descent
,
or
not
,
and
though
the
purchase
was
before
the
descent
or
after
.
And
if
a
man
hath
a
Rent
of
twenty
shillings
out
of
twenty
Acres
of
equall
value
,
and
one
Acre
descends
to
his
Wife
,
all
the
Rent
is
suspended
;
for
it
cannot
be
apporcioned
when
he
is
seised
of
part
of
the
Land
in
auter
droit
;
but
if
she
dies
,
and
he
is
Tenant
by
the
Curtesie
it
shall
be
apporcioned
;
for
the
Land
continues
in
him
by
the
Act
of
the
Law
,
which
is
equall
to
a
descent
;
And
if
a
Rent
be
in
tall
,
and
parcel
of
the
Land
descends
to
him
in
Fee
,
or
the
Rent
be
in
Fee
,
and
parcell
of
the
Land
descends
to
him
in
tail
,
there
must
be
no
apporcionment
.
I.
dies
having
two
Daughters
,
one
is
attainted
of
Felony
,
a
lease
is
made
for
life
,
the
remainder
to
the
right
Heirs
of
I.
the
other
shall
take
nothing
in
remainder
,
because
she
which
is
attainted
is
living
.
Particeps
Criminis
.
IF
the
Lord
procures
one
to
disseise
the
Tenant
,
and
the
Disseisor
cesses
,
and
the
Lord
recovers
against
him
,
he
shall
retain
it
against
the
Disseisee
;
for
by
the
procurement
he
is
no
Disseisor
,
as
it
appears
,
50
E.
3.
2.
But
see
Littleton
contra
in
his
Chapter
of
Remitter
;
for
he
had
cause
to
recover
de
puisne
temps
:
but
otherwise
if
he
had
title
of
Cessavit
at
the
time
of
the
procurement
and
disseisin
,
Quaere
,
if
he
had
ceased
one
year
before
the
disseisin
and
another
year
after
?
as
if
the
Issue
in
tail
procures
one
to
disseise
the
Disseisor
of
his
Father
,
whose
Heir
is
in
by
descent
,
against
whom
the
Father
recovers
and
dies
,
the
Issue
shall
retain
:
but
if
he
himself
had
recovered
against
the
Disseisor
upon
a
title
then
in
being
to
him
at
that
time
,
he
shall
not
be
remitted
.
If
one
hath
Title
of
Formedon
,
and
he
procures
one
to
out
the
Tenant
,
to
the
intent
that
he
may
recover
against
him
,
and
a
stranger
outs
him
,
and
after
I
S.
recovers
upon
a
Title
puisne
to
the
procurer
,
and
the
other
recovers
against
him
by
a
Formedon
,
he
is
there
remitted
.
And
if
two
Jointenants
have
a
Title
of
Action
,
where
their
entry
is
taken
away
,
and
one
procures
a
stranger
(
ut
supra
)
against
whom
they
two
recover
,
and
he
which
was
party
dies
,
the
other
is
remitted
to
all
,
but
if
he
which
did
not
procure
had
died
first
,
the
other
should
not
be
remitted
but
to
a
moity
,
Quaere
?
Payment
.
A
Rent
charge
is
issuing
out
of
two
Acres
,
the
Tenant
of
the
land
makes
a
Feofment
of
one
,
the
Grantee
may
distrain
in
one
,
or
the
other
for
all
;
but
if
one
Tenant
payes
to
him
the
Rent
,
if
the
other
be
distreined
he
shall
plead
the
payment
by
his
Companion
,
for
it
discharges
the
whole
Tenancy
.
Place
.
IF
A.
leases
land
in
two
Counties
,
rendring
a
Rent
,
it
is
one
entire
Rent
,
and
he
may
distrain
in
one
County
for
all
,
but
he
must
have
severall
Assizes
,
and
in
every
County
make
his
plaint
for
all
the
Rent
:
but
it
seems
that
upon
a
Rescous
in
one
County
he
shall
have
an
Assize
in
the
other
,
Quaere
.
Pleas.
IF
a
man
hath
a
Wife
,
and
makes
severall
Feofments
with
warranty
,
and
dies
,
the
Wife
brings
Dower
against
one
of
the
Feoffees
,
he
may
plead
that
the
Heir
hath
endowed
her
having
regard
unto
all
the
land
;
for
there
is
a
great
privity
betwixt
the
Tenant
and
the
Heir
,
for
the
Tenant
may
vouch
the
Heir
,
and
it
seems
that
he
might
plead
that
one
Feoffee
had
endowed
the
Wife
,
for
it
goes
in
discharge
of
the
Tenancy
.
Some
think
that
Guardian
in
fact
in
Dower
shall
not
plead
detinue
of
the
body
of
the
Heire
,
for
none
can
plead
that
but
he
whose
title
commenced
when
the
Title
of
Dower
commenc'd
:
but
the
Guardian
in
droit
may
plead
it
,
and
if
the
Heir
make
a
Feofment
,
the
Feoffee
shall
not
plead
detinue
of
Charters
in
dower
.
If
an
Obligation
be
delivered
in
owell
maine
to
I.
who
breaks
the
seal
,
In
detinue
If
he
should
not
plead
a
release
to
the
Obligor
if
it
would
be
heard
,
and
yet
Paston
in
9
H.
6.
19.
b.
sayes
,
that
the
Goaler
cannot
plead
a
Releafe
made
to
him
that
escapes
.
Possession
.
IF
the
Tenant
dies
without
Heir
,
the
Law
casts
the
possession
of
the
Tenancy
upon
the
Lord
before
Entry
,
but
if
the
Tenant
is
attainted
of
Felony
,
he
shall
not
have
the
possession
in
fact
or
in
Law
before
Entry
.
If
one
Jointenant
leases
his
part
for
years
,
a
stranger
enters
,
claiming
the
moity
of
the
other
,
who
waives
the
possession
;
it
seems
it
is
a
Disseisin
to
him
,
though
the
Termor
continues
in
,
for
they
are
Tenants
in
common
,
and
though
the
possession
of
the
Lessee
be
the
possession
of
him
in
Reversion
,
sc
.
his
Companion
:
but
è
contra
if
the
Termor
had
waived
the
possession
and
the
other
continues
in
,
it
seems
that
he
in
Reversion
cannot
be
out
of
possession
,
for
his
Joint
Companion
held
it
.
Two
Jointenants
in
Fee
of
a
Rent
Charge
,
a
Stranger
takes
it
to
the
use
of
I.
one
releaseth
to
the
Pernor
,
the
other
to
the
Tenant
,
if
by
the
last
release
he
shall
be
said
in
possession
ab
initio
,
then
the
first
release
to
the
pernor
is
void
;
for
the
possession
of
one
is
the
Possession
of
both
.
Possessio
fratris
.
A.
Makes
a
Lease
for
life
,
and
dies
,
having
a
Son
and
a
Daughter
by
one
venter
,
and
a
Son
by
another
,
the
Eldest
Son
grants
the
Reversion
in
tail
,
the
Tenant
atturns
,
and
he
dies
,
the
Grantee
in
tail
dies
without
Issue
,
Tenant
for
life
dies
,
it
seems
the
Daughter
shall
have
the
Land
,
not
the
youngest
Son.
The
Disseisee
dies
having
a
Son
and
a
Daughter
by
one
venter
,
and
a
Son
by
another
,
the
Son
after
the
descent
enters
upon
the
Heir
of
the
Disseisor
,
and
dies
without
Issue
,
the
Daughter
shall
not
have
the
Land
;
for
his
possession
was
tortious
,
if
the
Father
dies
seised
,
and
the
Eldest
Son
makes
a
Lease
for
life
,
the
mother
recovers
Dower
against
the
Lessee
,
the
Son
dies
,
the
Daughter
shall
have
the
Reversion
,
and
not
the
Son.
But
if
Tenant
for
life
dies
after
the
death
of
the
Son
,
and
during
the
life
of
the
Tenant
in
Dower
,
Quaere
,
who
shall
have
the
Reversion
,
the
Son
or
Daughter
?
If
A.
makes
a
Lease
for
life
,
and
dies
,
his
Eldest
Son
disseises
Tenant
for
life
and
dies
,
Tenant
for
life
dies
,
the
Son
shall
have
the
Land
from
the
Daughter
,
which
is
put
in
the
book
of
Ass
.
and
the
principall
case
is
,
the
Eldest
Son
endows
his
Mother
and
dies
,
if
the
youngest
Son
,
or
the
collaterall
Heir
of
the
Eldest
shall
have
the
Land.
The
Father
dies
seised
of
two
Acres
,
theSon
enters
into
one
saying
nothing
,
if
that
shall
be
a
sufficient
possession
of
the
other
Acre
,
to
make
the
Sister
to
be
Heir
.
Quaere
.
Some
think
it
shall
not
.
If
a
Disseisor
or
Feoffor
on
Condition
enter
into
one
Acre
saying
nothings
there
no
more
shall
be
gained
by
that
Entry
;
but
in
the
principall
case
,
if
the
Acres
had
descended
one
from
the
Father
,
and
another
from
the
Mother
,
then
the
Entry
into
one
is
an
Entry
but
into
that
only
.
So
if
it
had
been
on
a
Title
for
several
Conditions
,
9
H.
7.
25.
So
the
Entry
of
the
Bastard
into
one
Acre
shall
devest
no
morethan
that
;
for
the
Mulier
had
a
possession
in
Law.
Quaere
.
If
a
man
makes
a
Lease
for
years
and
dies
,
this
possession
in
Law
of
the
Reversion
is
sufficient
to
make
the
sister
Heir
.
Quare
Impedit
.
IN
a
Quare●
Impedit
against
the
Patron
and
Incumbent
it
is
no
plea
for
the
Incumbent
,
to
say
,
that
he
hath
been
in
six
months
upon
the
presentation
of
the
Patron
;
for
none
can
plead
Plenalty
,
but
he
who
by
such
plea
may
gain
the
Patronage
,
and
against
whom
a
Writ
of
Right
of
Advowson
is
maintainable
,
Quod
vide
in
16
E.
4.
11.
But
in
a
Quare
Impedit
against
the
Ordinary
and
Incumbent
,
the
Incumbent
shall
say
,
that
he
hath
been
in
six
months
upon
the
Collation
of
the
Bishop
by
reason
of
Laps
,
because
no
Patronage
is
gained
by
that
,
so
note
the
Diversity
,
2
R.
2.
Encumbent
4.
18
E.
3.
Quare
Imp.
4
8.
13
H.
8.
14.
14
H.
8.
31.
39
E.
3.
30.
Recognizance
,
vide
Statute
.
Record
.
IF
a
Record
in
the
C.
B.
be
pleaded
in
any
other
Court
of
the
King
,
where
it
is
requisite
to
be
produced
,
it
must
be
exemplisied
under
the
Great
Seal
of
England
,
and
the
Seal
of
the
Court
is
not
sufficient
,
but
if
he
pleads
it
in
C.
B.
there
if
he
shews
the
Exemplification
under
the
Seal
of
the
Court
it
sufficeth
;
for
in
the
one
case
it
is
Teste
meipso
,
and
in
the
other
,
Teste
the
Chief
Justice
.
Relation
.
IF
a
Feoffment
be
made
of
a
Mannor
when
Atturnment
is
had
the
services
passe
ab
initio
.
If
a
Lease
be
made
for
life
the
Remainder
to
the
King
,
and
Livery
is
made
,
and
after
th
e
Deed
is
inrolled
,
now
the
Remainder
passes
to
the
King
,
as
a
Remainder
,
ab
initio
.
If
Land
be
given
to
Baron
&
Fem
in
Fee
,
he
dies
,
and
the
Wife
waives
the
possession
,
and
recovers
her
Dower
against
the
Heir
,
she
shall
recover
Damages
;
for
by
her
refusall
the
Husband
shail
be
said
to
die
seised
.
Keylway
104.
p.
14.
If
a
man
who
hath
a
Villein
delivers
an
Escrowl
of
Enfranchisement
,
to
be
delivered
to
his
Villein
seven
years
after
,
and
before
the
end
of
the
seven
years
he
dies
,
and
the
Deed
is
after
delivered
,
that
will
be
a
good
Enfranchisement
by
relation
.
Vide
Barg
.
&
Sale.
Release
.
LOrd
,
Mesne
,
and
Tenant
,
the
Tenant
holds
in
Socage
,
and
the
Mesne
in
Chivalry
,
the
Tenant
makes
a
Gift
in
Frankmarriage
,
the
Mesne
releaseth
ro
the
Donor
,
the
four
degrees
passe
,
the
Donor
seiseth
the
Ward
of
the
Issue
,
and
enters
into
the
Land
,
and
he
brings
an
Action
of
trespass
,
some
think
it
is
maintainable
.
If
Lessee
for
years
makes
a
Feoffment
to
two
,
a
Release
to
one
shall
inure
to
both
.
If
Tenant
in
tail
makes
a
Lease
for
life
,
the
Remainder
for
life
,
and
releaseth
to
him
in
Remainder
,
and
his
Heirs
,
if
the
first
Tenant
for
life
dies
in
the
life
of
Tenant
in
tail
,
it
is
a
Discontinuance
.
The
Tenant
holds
ten
Acres
by
ten
pence
,
and
makes
a
Feoffment
of
one
,
the
Lord
grants
the
Rent
,
reserving
the
Fealty
,
the
Tenant
Atturns
,
the
Grantee
releaseth
all
his
Right
in
the
Land
to
the
Tenant
,
yet
he
shall
have
one
penny
;
for
the
Feoffment
severed
the
Seignory
,
and
by
the
Grant
two
Rents
passed
,
and
but
one
is
extinct
by
the
Release
,
viz.
the
Rent
of
Nine
pence
.
Two
Disseisors
make
a
Gift
in
tail
to
hold
in
Chivalry
,
the
Disseisee
releaseth
to
one
,
the
Donee
dies
;
some
think
this
Release
will
inure
to
both
.
Two
Women
disseise
another
,
and
make
a
Feofment
to
their
Father
,
who
dies
,
so
that
the
Land
discends
to
them
,
the
Disseisee
Releaseth
to
one
,
it
shall
inure
to
both
;
for
betwixt
themselves
they
are
in
by
Title
.
If
a
Disseisor
dies
seised
having
two
Daughters
Bastards
,
and
the
Disseisee
releafeth
to
one
of
them
,
that
shall
inure
to
both
.
A.
makes
a
Feoffment
to
two
upon
Condition
,
which
is
broken
,
the
Feoffor
releaseth
to
one
,
it
shall
operate
to
both
;
for
they
are
not
in
by
wrong
,
and
a
Release
where
it
countervails
an
Entry
and
Feoffment
doth
not
extend
to
Titles
,
If
a
Disseisee
enters
upon
two
Disseisors
,
and
they
recover
falsly
in
an
Assize
,
and
he
Releaseth
to
one
,
that
shall
inure
to
both
;
for
between
themselves
and
the
Disseisee
also
they
are
in
by
Title
.
If
an
Infant
infeoffs
two
,
and
at
his
full
age
releaseth
to
one
,
it
goes
to
both
.
If
two
Disseisors
make
a
Feoffment
,
and
take
back
an
Estate
,
a
Release
to
one
inures
to
both
;
for
though
in
Respect
of
the
Disseisee
they
be
Disseisors
,
yet
in
Relation
to
themselves
they
are
in
by
Title
.
So
if
a
Disseisor
makes
a
Feoffment
,
and
takes
back
an
Estate
to
himself
for
life
,
a
Release
to
him
will
go
to
him
in
Remainder
.
If
a
Disseisor
makes
a
Lease
for
life
,
and
the
Lessee
makes
a
Feofment
,
and
the
Disseisee
releaseth
to
the
Feoffee
,
the
right
of
Entry
which
the
Disseisee
had
is
taken
away
;
for
a
Release
of
the
Disseisee
will
avoid
all
rights
of
entry
,
but
not
Titles
.
If
a
Disseisor
grants
a
Rent-charge
,
and
is
disseised
,
and
a
Release
is
made
to
the
second
Disseisor
,
the
Charge
remains
,
but
the
Dower
of
the
Wife
not
;
for
the
one
is
executed
,
and
the
other
executory
only
.
If
two
Disseiors
make
a
lease
for
life
,
with
a
Remainder
in
fee
,
the
Disseisee
releaseth
to
the
Tenant
for
life
,
the
Wife
of
the
first
Disseisor
shall
be
endowed
.
If
my
Tenant
for
life
is
disseised
by
A.
who
is
disseised
by
B.
to
whom
I
release
,
the
Wife
of
A.
shall
be
endowed
;
and
if
Tenant
for
life
dies
,
A.
may
enter
upon
B.
and
retain
for
ever
.
After
the
Vouchee
hath
entred
into
Warranty
,
an
Ancestor
collaterall
of
the
Demandant
releaseth
to
the
Vouchee
with
warranty
and
dies
;
now
the
Vouchee
cannot
plead
this
Warranty
against
the
Demandant
,
for
the
release
was
void
;
for
though
the
Vouchee
shall
be
Tenant
to
the
Demandant
,
yet
he
shall
not
be
so
to
a
Stranger
,
for
if
a
stranger
will
release
to
him
after
he
hath
entred
into
Warranty
,
the
Release
is
void
.
But
if
an
Ancestor
collateral
had
released
to
the
Tenant
after
the
Entry
of
the
Vouchee
into
Warranty
,
the
Vouchee
may
plead
it
.
Quaere
in
the
first
case
,
though
the
Release
be
void
,
yet
if
the
Warranty
shall
not
be
good
?
A
Feofment
is
made
rendring
a
Rent
,
and
upon
default
of
payment
a
re-entry
,
the
Rent
is
behind
,
and
then
the
Lessor
releaseth
the
Rent
.
There
is
a
difference
between
a
Releafe
in
Fact
and
in
Law.
If
the
Tenant
makes
a
Lease
for
life
,
and
the
Lord
releaseth
to
the
Tenant
for
life
,
all
his
right
in
the
Seignory
is
utterly
extinct
.
But
if
the
Lord
distrein
the
Tenant
,
and
makes
a
Lease
for
life
,
he
hath
not
extinguished
his
Seignory
for
ever
,
for
a
Release
in
Law
is
taken
most
favourable
.
If
a
Rent
be
granted
for
life
,
and
by
another
Deed
theGrantor
releaseth
to
the
Grantee
all
his
right
in
the
Rent
;
and
if
it
be
behinde
,
that
he
shall
distrain
for
it
,
yet
it
is
but
a
Rent
Seck
.
If
two
are
disseised
,
and
one
releaseth
to
the
Disseisor
all
his
right
in
the
one
moity
,
his
right
is
gone
in
al●
,
and
yet
his
right
was
per
my
&
per
tout
;
but
being
he
hath
released
all
his
right
in
one
moity
,
which
extends
per
my
&
per
tout
,
that
is
the
reason
why
,
&c.
So
if
there
be
two
Disseisors
,
and
one
Disseisee
releaseth
to
one
,
for
he
was
seised
per
my
&
per
tout
.
But
if
he
had
released
all
all
his
right
to
one
,
viz.
in
the
moity
of
that
one
,
and
not
in
a
moity
generally
,
the
Law
had
been
otherwise
,
viz.
that
his
moity
remains
in
the
moity
of
the
other
moity
.
A
Disseisor
having
a
Wife
makes
a
Lease
for
life
,
the
Lessee
makes
a
lease
to
the
Wife
,
for
the
life
of
the
Wife
,
the
Husband
accepts
the
Deed
,
and
agrees
to
it
,
the
Disseisee
releaseth
to
the
Wife
,
the
Husband
dies
,
the
Release
is
void
;
for
,
by
the
Lease
to
the
Wife
the
Husband
had
title
of
Entry
for
the
Forfeiture
,
and
then
he
is
remitted
,
and
though
he
agrees
that
the
Wife
shall
take
the
Estate
,
yet
it
is
no
Estopple
,
then
the
Husband
being
remitted
there
is
no
possession
in
the
Wife
upon
which
the
Release
may
operate
.
If
a
Disseisor
having
a
Wife
makes
a
lease
for
life
to
A.
who
makes
a
lease
to
B.
for
life
,
the
Disseisee
releaseth
to
B.
the
Wife
of
the
Disseisor
shall
be
endowed
,
for
the
release
doth
not
countervail
an
Entry
and
Feofment
.
If
a
Disseisor
makes
a
Lease
for
life
,
the
Lessee
makes
a
Feofment
,
and
the
Disseisee
Releaseth
to
the
Feoffeo
,
that
takes
away
the
Entry
of
the
Disseisor
;
For
such
a
Release
takes
away
all
rights
,
but
not
Titles
,
as
Conditions
or
Dower
.
But
if
a
Dis
seisor
be
disseised
,
&
the
Disseisee
releases
to
the
second
Disseisor
,
that
takes
away
the
Dower
of
the
first
Disseisors
Wife
.
Tenant
pur
auter
vy
,
the
Remainder
to
I.
for
his
life
,
I.
releaseth
to
the
Lessee
,
that
Release
is
good
,
and
inures
by
way
of
Fezance
de
Estate
,
for
if
a
Remainder
had
been
limited
to
the
Tenant
for
the
life
of
I.
that
had
been
good
,
therefore
here
he
hath
a
sufficient
Tenant
for
life
,
and
a
possession
whereupon
a
Release
may
operate
,
but
if
the
first
Lessee
had
had
an
Estate
for
his
own
life
,
then
the
Release
had
inured
by
way
of
Extinguishment
;
for
the
first
Estate
was
greater
having
regard
to
the
Lessee
.
If
a
Lease
be
made
for
forty
years
,
the
Remainder
for
ten
years
,
and
he
in
Remainder
releaseth
to
the
Tenant
for
forty
years
,
he
shall
have
it
for
fifty
years
;
for
the
forty
years
cannot
be
drown'd
:
If
the
Remainder
had
been
a
lease
for
an
hundred
years
;
for
one
Chattle
cannot
consume
another
,
for
it
is
all
one
as
if
Lessee
for
forty
years
should
make
a
lease
for
ten
years
,
and
after
will
release
to
the
Lessee
,
he
shall
have
it
for
forty
,
and
not
for
thirty
years
.
If
a
lease
be
made
for
years
,
the
remainder
to
A.
for
life
,
the
remainder
to
B.
for
life
:
if
B.
will
release
to
the
Lessee
,
that
is
cleerly
Good
;
for
there
is
sufficient
privity
between
them
although
he
hath
not
the
next
immediate
Estate
.
But
if
the
Lessee
will
release
to
his
Lessor
,
that
is
void
;
for
the
Lessee
was
in
possession
.
So
if
the
Guardian
Releaseth
to
the
Heir
,
that
is
void
.
If
two
Disseisors
make
a
Lease
for
life
,
and
the
Disseisee
releaseth
to
one
,
that
will
inure
to
both
;
for
of
necessity
it
will
inure
to
Lessee
for
life
:
and
so
by
consequence
to
them
in
Reversion
,
and
that
is
to
two
.
If
Tenant
for
life
is
disseised
by
two
,
who
are
disseised
by
another
,
the
Lessor
releaseth
to
the
last
Disseisor
,
the
first
Disseisors
may
enter
notwithstanding
the
Release
;
for
the
Releasor
had
no
Title
of
Entry
.
But
if
his
Entry
had
been
lawful
,
as
if
his
Tenant
for
life
had
infeoffed
a
Stranger
,
who
had
been
disseised
,
and
the
Lessor
had
released
to
the
Disseisor
the
Lessee
could
not
have
entred
;
for
the
Entry
of
the
Lessor
(
who
had
a
Title
Paramount
)
was
congeable
.
As
if
a
Disseisor
makes
a
Lease
for
life
,
and
the
Lessee
makes
a
Feofment
,
and
the
Disseisee
releaseth
to
the
Feoffee
,
the
Disseisor
cannot
Enter
.
But
if
the
Heir
of
the
Disseisor
,
who
is
in
by
descent
makes
a
Lease
for
life
,
the
Lessee
makes
a
Feoffment
,
and
the
Disseisee
releaseth
to
the
Feoffee
,
the
Lessor
may
enter
?
for
the
Disseisee
could
not
,
9
H.
7.
25.
pet
Fineux
.
If
an
Infant
makes
a
Lease
for
life
,
and
the
Lessee
grants
his
Estate
with
Warranty
,
the
Infant
brings
a
Dum
fuit
infra
Etatem
,
and
the
Tenant
vouches
the
Grantor
,
who
enters
into
Warranty
,
and
loseth
,
the
Demandant
Releaseth
to
him
and
his
Heirs
,
some
think
the
Release
is
void
;
for
he
is
Tenant
only
to
answer
the
Action
,
but
a
Release
which
is
to
enlarge
an
Estate
must
inure
upon
a
privity
of
Estate
.
And
therefore
a
Release
made
to
Tenant
by
the
Curtesie
in
Fee
after
he
hath
granted
over
his
Estate
is
void
,
and
yet
an
Action
of
Wast
shall
be
maintainable
against
him
by
the
Heir
,
and
he
shall
Atturn
.
If
a
Lease
be
made
for
life
,
the
Remainder
for
life
,
the
Tenant
for
life
dies
,
and
before
the
Entry
of
him
in
Remainder
the
Lessor
Releaseth
to
him
in
Fee
,
that
shall
inure
according
to
the
words
.
But
in
a
Writ
of
Entry
in
the
Per
,
if
the
Tenant
vouch
him
,
by
whom
,
&c.
who
enters
into
Warranty
,
and
the
Demandant
Releaseth
to
him
,
that
inures
by
way
of
Extinguishment
.
If
a
woman
who
hath
cause
of
Dower
Releaseth
to
the
Guardian
,
that
takes
away
her
Title
and
Estate
,
though
the
Gardian
had
but
a
Chattle
,
and
the
Heir
shall
Advantage
of
it
.
It
was
said
in
the
case
of
the
Dum
fuit
infra
aetatem
,
if
he
had
Released
in
tail
a
greater
Estate
should
not
have
passed
;
for
though
it
doth
not
appear
by
the
Dum
fuit
infra
aetatem
what
Estate
he
claims
(
for
the
Writ
is
generall
)
yet
when
he
enters
generally
into
the
Warranty
,
he
shall
not
be
said
to
have
a
Fee
against
the
Demandant
,
but
the
Demandant
shall
make
an
Averment
,
that
he
did
not
make
the
Devise
but
only
for
life
.
A
Release
made
to
the
Patron
when
the
Church
is
full
doth
not
extinguish
an
Annuity
,
otherwise
if
it
had
been
in
the
time
of
vacation
,
21
H.
7.
41.
but
a
Release
to
the
Ordinary
peradventure
will
not
avail
;
Tenant
for
life
grants
a
Rent
Charge
,
a
Release
to
him
in
Reversion
will
not
extinguish
it
,
no
more
than
if
he
in
Reversion
grants
a
Rent
Charge
,
a
Release
to
Tenant
for
life
will
extinguish
it
.
If
there
be
two
Disseisors
,
and
one
makes
a
Lease
of
a
Moity
for
years
,
reserving
a
Rent
with
a
Re-entry
for
not
payment
,
the
Disseisee
releaseth
to
the
other
who
did
not
make
a
Lease
,
he
shall
have
the
whole
Freehold
of
all
the
Land
,
and
the
Lessee
shall
not
pay
the
Rent
to
him
;
for
he
comes
to
the
Reversion
by
Title
Paramount
,
and
not
by
any
Privity
.
A.
ours
his
Termor
for
years
,
and
then
makes
a
Lease
for
years
,
the
first
Termor
releaseth
to
the
second
,
the
first
Lessor
may
enter
and
have
the
Land
against
them
both
;
for
by
the
Release
the
Right
of
the
first
Termor
was
extinct
.
As
if
a
Rent
Charge
be
granted
to
the
Disseisor
,
&c.
and
it
doth
not
fortifie
the
Estate
of
the
second
Lessee
during
the
first
Term
;
for
if
the
first
Lease
had
bin
for
twenty
years
,
and
the
second
but
for
a
year
,
yet
by
the
Release
of
the
first
Lessee
to
the
second
,
all
the
first
Estate
shall
be
extinguished
.
But
if
he
had
been
Tenant
for
life
,
and
the
Disseisee
Releaseth
to
the
Disseisor
,
now
during
his
life
the
Lessor
cannot
enter
,
otherwise
if
he
had
been
Tenant
for
years
;
for
in
one
case
the
Disseisor
had
a
Freehold
in
him
which
might
be
fortified
,
and
in
the
other
case
but
a
Chattle
.
Although
the
Husband
cannot
give
any
thing
to
the
Wife
immediately
,
yet
if
a
Disseisoresse
makes
a
Lease
for
life
,
the
Remainder
to
her self
in
tail
,
the
Remainder
to
A.
in
Fee
,
and
marries
the
Disseisee
,
who
releaseth
to
Tenant
for
life
,
that
will
inure
to
his
Wife
.
If
an
Infant
Disseisor
makes
a
Feoffment
,
and
the
Feoffee
dies
seised
,
and
his
Heir
enters
,
to
whom
the
Disseisee
releaseth
,
yet
the
Infant
shall
have
a
Dum
fuit
infra
aetatem
,
and
shall
recover
;
for
he
demauds
the
possession
to
which
he
had
more
Right
than
the
Disseisee
,
and
the
Tenant
ought
to
answer
to
the
Demise
,
and
not
to
the
Right
:
As
if
the
Heir
of
the
Disseisor
,
who
is
in
by
Descent
,
brings
an
Assize
against
his
Disseisor
,
it
is
no
plea
for
him
to
plead
the
Release
of
the
Disseisee
;
for
he
demands
the
possession
to
which
he
had
more
Right
than
the
Disseisee
.
So
if
the
Disseisor
recovers
in
an
Assize
by
erroneous
Judgement
against
his
Disseisor
,
and
the
Disseisee
releaseth
to
him
that
hath
recovered
,
and
the
other
brings
a
Writ
of
Error
,
it
is
no
plea
for
him
to
plead
the
Release
;
for
the
intent
of
the
Suit
was
to
correct
the
Error
upon
the
Record
.
If
a
Disseisor
makes
a
Lease
for
life
,
and
the
Lessee
makes
a
Feoffment
to
A.
who
obtains
a
Release
from
the
Disseisee
,
the
Disseisor
brings
a
Consimili
Casu
,
some
think
he
shall
recover
;
but
if
the
Heir
of
the
Feoffee
,
who
is
in
by
Descent
,
&c.
gets
a
Release
,
it
is
cleer
the
Disseisor
may
have
an
Action
,
and
the
Tenant
ought
to
answer
to
the
Demise
,
and
not
to
the
Right
of
the
Land
in
both
cases
.
If
a
Disseisor
enters
upon
his
Feoffee
for
breach
of
a
Condition
,
the
Feoffee
shall
not
have
a
Writ
of
Right
,
though
the
Right
of
the
Disseisee
be
released
to
him
before
the
breach
of
the
Condition
.
So
if
the
Disseisee
enters
upon
the
Heir
,
who
is
in
by
Descent
,
and
makes
a
Feoffment
,
or
releaseth
of
such
an
Heir
,
and
the
Heir
re-enters
,
or
if
one
who
hath
a
Title
brings
a
Formedon
in
Remainder
against
an
Abator
,
and
recovers
by
default
.
See
the
rest
of
the
case
in
9
H.
7.
25.
In
all
these
cases
he
to
whom
the
Release
was
made
,
or
the
Right
was
given
,
shall
not
have
a
Writ
of
Right
,
but
it
shall
goe
in
advantage
of
him
that
Removes
the
possession
;
for
being
one
hath
a
right
in
possession
,
and
recontinues
it
,
that
draws
the
very
right
to
it
,
and
the
Right
by
it self
shall
not
be
left
in
the
other
.
Note
that
in
all
these
cases
,
the
Right
comes
after
the
possession
;
but
if
the
Right
were
before
the
possession
,
and
then
the
possession
is
removed
,
the
Right
remains
in
the
person
to
whom
it
was
given
.
As
if
the
Heir
of
the
Disseisor
,
who
is
in
by
descent
,
enfeoffs
A.
and
several
other
Feoffments
are
made
,
and
after
the
Land
comes
to
the
Heir
again
,
and
the
Disseisor
enters
upon
him
,
and
he
outs
him
.
Now
if
the
Disseisee
brings
a
Writ
of
Right
upon
his
first
possession
,
he
shall
be
deluge
by
vouching
of
the
Feoffees
;
but
he
may
have
a
Writ
of
Right
upon
the
last
possession
which
he
had
by
Disseisin
,
and
that
is
beyond
all
the
Vouchers
,
and
though
the
possession
was
removed
,
yet
that
is
not
materiall
;
for
Littleton
saith
,
the
effect
of
the
Writ
is
the
meer
Right
.
the
Husband
discontinues
in
Fee
,
and
takes
back
an
Estate
to
himself
and
his
Wife
for
their
lives
,
the
Husband
makes
a
Feoffment
and
dies
,
the
Wife
Releaseth
to
the
second
Feoffee
,
yet
the
first
Feoffee
may
enter
for
the
Forfeiture
,
and
she
hath
no
Remedy
,
and
this
case
is
supposed
before
the
statute
of
32
H.
8.
But
if
the
wife
had
not
released
,
but
the
first
Feoffee
had
entered
upon
the
second
for
the
Forfeiture
,
the
Wife
(
the
Husband
being
dead
)
might
enter
upon
him
;
for
she
may
claim
by
the
Lease
,
and
then
the
Entry
for
the
forfeiture
had
avoided
the
Discontinuance
,
and
so
she
may
enter
by
vertue
of
the
Lease
made
by
the
first
Discontinuee
.
If
Tenant
for
life
be
disseised
,
and
the
Disseisor
is
disseised
,
and
the
Lessor
releaseth
to
the
second
Disseisor
,
and
the
first
Disseisor
outs
him
,
he
hath
no
Remedy
by
Writ
of
Right
,
or
otherwise
,
Quod
nota
.
A
Gift
in
tail
is
made
with
Warranty
,
the
Donee
releaseth
the
Warranty
to
the
Donor
,
the
Reversion
is
granted
,
the
Donee
atturns
,
if
the
Issue
in
tail
be
impleaded
,
he
shall
not
vouch
;
for
the
Release
hath
extinguisht
the
Warranty
for
ever
;
for
the
Statute
is
of
Tenements
,
&c.
and
this
is
no
Tenement
,
but
a
Covenant
reall
,
which
is
Extinguished
by
the
Release
.
As
if
an
Annuity
be
granted
in
tail
,
a
Release
from
the
Grantee
dischargeth
it
.
If
a
false
Verdict
passeth
against
Tenant
in
tail
,
a
Release
made
by
Tenant
in
tail
of
all
his
Right
shall
not
bar
the
Issue
of
his
atttaint
,
but
if
he
releaseth
all
false
Oaths
to
one
of
the
Petit
Jury
.
Quaere
,
if
the
Issue
shall
have
an
Attaint
?
And
a
Partitione
facienda
is
maintainable
by
the
Issue
in
tail
,
by
the
equity
of
the
Statute
de
donis
,
&c.
&
contra
form
.
Feoffam
.
&
Contributione
faciend
:
and
a
Release
of
them
will
not
bar
the
Issue
;
for
it
is
of
the
Land
,
and
an
Vse
in
tail
is
taken
by
Equity
,
and
Tenant
by
Copy
,
&c.
shall
be
taken
by
Equity
to
have
an
Estate
tail
,
and
shall
have
a
plaint
in
nature
of
a
Formedon
.
So
by
some
the
Release
in
the
principall
case
is
no
bar
;
but
Tenant
in
tail
by
his
Release
may
extinguish
an
Accquittall
granted
by
the
Donor
.
And
Execution
of
a
Recovery
in
value
by
reason
of
a
Warranty
,
and
not
a
Recovery
pro
rata
against
his
Coparcener
.
If
a
man
binds
himself
and
his
Heirs
in
twenty
pound
and
dies
,
his
Executors
having
Assetts
,
the
Obligee
Releaseth
all
Actions
of
Debt
to
the
Heir
,
the
Executors
pay
the
Assetts
to
other
Creditors
,
some
think
the
Obligee
shall
have
an
Action
of
Debt
against
the
Heir
;
for
at
the
time
of
the
Release
the
Obligee
was
not
intitled
to
have
an
Action
of
debt
against
the
Heir
,
but
if
neither
the
Heir
nor
Executors
had
Assetts
,
and
then
the
Debt
is
released
to
the
Heir
,
and
after
Assetts
come
to
the
hands
of
the
Heir
,
it
seems
the
release
will
bar
him
.
If
Tenant
for
life
commits
Wast
,
and
grants
over
his
Estate
,
the
Lessor
releaseth
all
Actions
to
the
Grantee
,
yet
he
shall
have
an
Action
against
the
Grantor
;
for
he
was
not
intitled
to
have
an
Action
against
the
Grantee
.
So
if
Tenant
in
Dower
,
or
by
the
Curtesie
,
who
have
granted
over
their
Estates
,
otherwise
of
a
Release
of
Land.
A.
makes
a
Lease
for
life
,
and
grants
a
Rent
out
of
the
Reversion
,
a
Release
made
by
the
Grantee
to
Tenant
for
life
will
not
extinguish
the
Rent
:
so
if
a
Rent
be
granted
by
Tenant
for
life
,
a
Release
to
him
in
Reversion
will
not
extinguish
the
Rent
.
A
Lease
is
made
for
life
,
the
Remainder
for
years
,
he
in
Remainder
Releaseth
to
Tenant
for
life
all
his
Right
in
the
Land
,
the
yeares
are
drownd
;
but
if
the
Release
had
been
,
Habendum
the
Land
during
the
years
,
then
the
term
for
years
had
continued
.
As
if
a
Lease
is
made
for
life
,
and
after
a
Release
is
made
to
Tenant
for
life
,
Habendum
to
him
for
forty
years
after
the
Lease
for
life
ended
,
there
he
shall
take
it
as
the
words
direct
:
And
some
say
,
that
a
Release
made
by
Tenant
for
years
to
the
Lessor
extinguisheth
the
Term
,
orherwise
of
a
Release
by
Tenant
for
life
.
And
if
a
Lease
for
years
be
made
to
commence
at
Easter
,
and
before
Easter
he
releaseth
all
his
Right
to
the
Lessor
,
the
years
are
Extinguished
.
If
Lessee
for
years
be
●jected
,
and
Releaseth
to
the
Disseisor
,
the
Lessor
may
enter
,
but
otherwise
of
a
Release
made
by
Tenant
for
life
.
If
one
makes
and
delivers
an
Obligation
at
Michaelmas
,
which
bears
date
at
Christmas
following
,
and
at
the
Feast
of
All
Saints
he
releaseth
to
the
Obligor
all
Actions
,
and
after
Christmas
he
brings
an
Action
of
Debt
,
he
shall
plead
the
Release
,
and
say
the
Obligation
was
delivered
at
Michaelmas
,
and
that
the
Release
was
delivered
at
All
Saints
,
according
to
the
date
.
If
the
Disseisee
releaseth
to
the
Disseisor
all
Actions
,
and
dies
,
and
the
Disseisor
dies
,
and
his
Heir
Enters
,
and
the
Land
discends
to
the
Heir
of
the
Disseisee
,
it
seems
by
the
Release
of
all
Actions
,
which
he
hath
,
or
may
have
afterward
by
the
same
Right
,
are
discharged
.
So
of
Actions
which
his
Heir
might
have
for
the
same
Disseisin
.
So
that
a
Writ
of
Entry
in
the
Quibus
is
Released
,
although
his
Heir
had
no
cause
of
Action
at
that
time
,
then
it
is
in
a
manner
as
if
he
had
released
after
the
descent
as
to
the
Extinguishment
of
the
Action
,
then
being
he
had
a
Right
notwithstanding
the
Release
,
so
that
he
might
enter
,
that
Right
is
not
taken
away
by
the
descent
after
.
Some
think
a
Release
of
Actions
is
but
a
Conclusion
,
which
goes
in
privity
of
blood
,
and
not
of
Estate
:
and
therefore
after
such
a
Release
to
the
Disseisor
,
if
he
aliens
over
,
the
release
is
not
pleadable
by
the
Alienee
;
for
he
is
not
privy
,
and
it
doth
not
go
with
the
Estate
.
So
if
a
Disseisor
makes
a
Lease
for
life
,
with
a
Remainder
over
,
and
the
Disseisee
releaseth
all
Actions
reall
to
the
Tenant
for
life
,
who
dies
,
he
in
Remainder
cannot
plead
it
,
as
if
it
had
been
a
Release
of
Right
,
and
therefore
if
a
Release
of
all
Actions
had
bin
made
to
him
in
Remainder
,
that
had
been
void
to
all
other
purposes
,
so
such
a
Release
of
Actions
shall
not
extinguish
a
Right
,
if
the
Entry
be
taken
away
,
otherwise
than
by
an
Estopple
,
which
being
removed
by
the
descent
in
Law
,
the
Release
ceaseth
to
be
a
Conclusion
after
.
Some
think
if
the
Heir
of
the
Disseisor
infeoffs
two
,
and
the
Disseisee
releaseth
all
Actions
to
one
of
them
,
and
he
dies
,
the
other
shall
not
plead
it
,
and
so
if
two
are
Disseised
,
and
one
releaseth
all
Actions
to
him
that
is
in
by
descent
,
and
dies
,
the
other
,
as
Survivor
shall
have
an
Action
for
all
the
Land.
If
Tenant
for
life
commits
Wast
,
and
grants
over
his
Estate
,
in
Wast
brought
against
him
he
may
plead
a
Release
in
the
Land
,
and
yet
he
hath
nothing
in
the
Land.
A
Conusor
of
a
Statute
Merchant
is
in
Execution
,
and
his
Land
also
,
the
Conusee
releaseth
to
him
all
his
debts
,
afterwards
the
Goaler
lets
him
have
his
Liberty
,
it
seems
that
the
Execution
is
discharged
by
the
Release
;
for
the
Debt
is
in
Esse
until
the
profits
satisfie
it
,
or
else
the
Execution
could
not
remain
,
as
the
Heir
is
in
Ward
until
he
be
capable
to
perform
his
Services
,
but
if
the
Seignory
be
released
to
the
Tenant
,
he
is
out
of
Ward
for
body
and
Land.
If
he
in
Reversion
of
a
Seignory
releaseth
to
his
Grantee
for
years
,
and
to
the
Tenant
of
the
Land
,
and
to
his
Heirs
.
Quaere
how
it
shall
inure
?
but
if
it
had
been
to
them
two
generally
,
then
the
Estate
for
years
and
all
the
Seignory
had
been
extinct
;
for
though
it
inlarges
his
Estate
for
life
,
and
no
more
,
yet
without
those
words
,
His
Heirs
,
all
the
Reversion
is
extinct
,
and
consequently
the
Estate
for
yeares
,
Quod
non
negatur
.
8
H.
6.
24.
But
if
it
had
been
of
a
Rent
Charge
,
and
the
Release
had
been
to
them
,
the
Grantee
shall
have
it
all
for
life
,
and
the
other
the
Fee
,
and
so
it
shall
inure
to
both
.
Tenant
for
life
and
he
in
Reversion
grant
a
Rent
Charge
,
the
Grantee
releaseth
all
his
Right
to
the
Reversion
,
if
the
Rent
be
extinct
?
Some
think
not
;
for
their
Estates
being
severall
so
are
their
grants
,
and
then
a
Release
to
the
Reversioner
will
not
extinguish
a
Rent
issuing
out
of
the
possession
.
And
if
it
shall
be
taken
to
be
the
Grant
of
Tenant
for
life
,
and
the
Confirmation
of
him
in
reversion
,
yet
such
a
Release
will
not
extinguish
it
;
for
though
he
purchaseth
the
reversion
yet
he
shall
have
the
Rent
during
the
life
of
Tenant
for
life
,
and
if
it
were
severall
grants
,
a
Release
to
Tenant
for
life
will
not
extinguish
a
Rent
issuing
out
of
the
reversion
;
for
to
this
Charge
the
Tenant
need
not
atturn
.
The
surviving
Parcener
may
release
to
the
Husband
of
the
other
being
Tenant
by
the
Curtesie
.
And
if
one
Parcener
hath
twenty
Daughters
and
dies
,
the
other
may
release
her
whole
part
to
either
of
them
.
But
if
Jointenants
be
of
twenty
Acres
,
and
one
makes
a
Feoffment
of
all
his
part
in
eighteen
,
perhaps
the
other
can
release
his
right
but
in
two
Acres
.
But
if
Husband
and
Wife
,
and
a
stranger
are
Jointenants
,
the
stranger
may
release
all
his
right
to
the
wife
only
.
Tenant
for
life
,
the
remainder
in
Fee
,
makes
a
gift
in
tail
,
the
remainder
in
Fee
,
he
in
the
first
remainder
releaseth
all
his
right
to
the
Donee
,
not
saying
,
and
to
his
Heirs
,
and
then
grants
a
Rent
Charge
to
a
stranger
out
of
the
Remainder
in
Fee
,
and
dies
,
the
Donee
dies
without
Issue
,
the
Heir
of
him
in
remainder
enters
,
if
he
shall
hold
it
charged
?
Some
think
the
release
doth
not
give
the
right
in
Fee
,
which
the
Releasor
had
,
to
the
Releasee
;
for
then
in
a
manner
he
doth
release
to
himself
,
but
if
the
remainder
had
been
in
tail
to
him
that
had
the
remainder
in
Fee
,
then
the
release
had
inured
to
the
first
Estate
in
tail
,
and
to
the
Fee
,
and
then
if
the
last
Fee
be
fortified
,
the
Mesne
remainder
is
established
,
and
so
the
release
inures
to
himself
.
But
as
to
the
other
point
which
may
be
moved
.
If
the
remainder
be
good
to
him
that
had
the
remainder
before
?
being
it
is
out
of
him
and
in
him
at
one
and
the
same
instant
,
it
is
good
enough
.
If
one
be
disseised
to
the
use
of
A.
the
Disseisee
releaseth
to
the
Disseisor
,
yet
A.
may
agree
to
the
Disseisin
;
for
a
release
doth
not
take
away
a
Title
any
more
than
it
doth
a
Condition
,
Or
a
Rent
Charge
granted
by
him
;
or
if
he
covenants
to
stand
seised
to
an
Vse
Executory
upon
marriage
,
such
an
use
cannot
be
taken
away
by
such
a
release
.
But
if
there
had
been
two
Disseisors
to
the
use
of
A.
and
the
Disseisee
had
released
to
one
of
them
,
that
will
take
away
all
the
Title
,
Causa
paret
.
So
if
Tenant
for
life
releaseth
to
his
Disseisor
,
that
doth
not
restore
the
Reversion
;
but
if
he
had
released
to
one
of
the
Disseisors
,
it
had
been
otherwise
.
Land
is
holden
of
the
Mannor
of
Dale
by
Fealty
and
twenty
shillings
,
the
Lord
makes
a
Lease
of
the
Mannor
for
years
,
rendring
forty
shillings
with
Atturnment
,
after
the
Lessor
releaseth
to
the
Tenant
all
his
Right
,
if
the
Rent
of
forty
shillings
shall
be
apporcioned
?
by
the
Release
the
Tenant
is
discharged
of
twenty
shillings
as
well
against
the
Lessee
as
the
Lessor
;
for
the
Tenant
holds
it
of
the
Lord
Paramount
,
so
he
does
not
hold
it
of
the
Lessee
;
for
he
cannot
hold
the
same
Land
of
two
severall
Lords
,
and
the
Rent
of
forty
shillings
is
as
well
payable
for
the
services
,
as
for
the
demesnes
,
although
he
cannot
distrain
,
&c.
as
in
the
case
of
Sheep
,
21.
H.
7.6
.
If
Feoffee
upon
Condition
makes
a
Lease
for
life
,
a
Release
of
the
Condition
to
the
Tenant
for
life
will
extend
to
the
Feoffee
,
as
it
will
do
of
a
Right
or
Rent
.
If
there
be
Feoffee
upon
Condition
of
two
Acres
,
and
the
Feoffor
releaseth
the
Condition
in
one
Acre
,
if
it
be
collaterall
,
it
remains
in
the
other
;
as
of
a
Warranty
annext
to
two
Acres
,
a
Release
in
one
,
yet
it
remains
in
the
other
;
for
the
Condition
is
severall
as
the
Right
is
;
But
if
the
Condition
had
been
made
to
two
,
or
by
two
,
a
Release
to
one
,
or
by
one
extinguisheth
all
,
as
it
shall
do
a
Warranty
.
Tenant
for
life
of
a
Seignory
purchaseth
the
Tenancy
pur
auter
vye
,
if
the
Lord
releaseth
to
him
and
his
Heirs
all
his
Right
in
the
Tenaney
,
some
think
it
shall
inure
by
way
of
Extinguishment
.
But
if
he
releases
to
him
and
his
Heirs
all
his
Right
in
the
Seignory
,
that
inures
as
an
Enlargement
of
the
Seignory
.
So
the
Mesne
being
a
Fem
marries
the
Tenant
,
the
Lord
reseaseth
to
the
Fem
and
her
Heirs
all
his
Right
in
the
Seignory
,
that
inures
to
extinguish
the
Seignory
only
,
and
not
the
Mesnalty
.
But
if
he
had
released
to
the
Husband
all
his
Right
in
the
Seignory
,
or
Tenancy
,
the
Seignory
,
and
Mesnalty
are
extinct
.
But
a
Release
to
the
wife
of
all
his
right
in
the
Tenancy
had
been
void
.
But
if
the
Lord
had
released
all
his
Right
in
the
Seignory
to
Husband
and
Wife
.
Quaere
,
but
some
think
it
inures
to
extinguish
the
Seignory
,
and
not
the
Tenancy
.
Two
Jointenants
in
Fee
of
a
Rent
Charge
,
a
Stranger
receives
it
to
the
use
of
A.
one
releaseth
to
the
Pernor
,
and
the
other
to
the
Tenant
:
If
by
the
last
release
he
shall
be
said
in
possession
ab
initio
,
the
first
Release
to
the
Pernor
was
void
;
for
the
possession
of
one
is
the
possession
of
both
.
If
two
Disseisors
grant
a
Rent
Charge
,
and
the
disseisee
releaseth
to
one
,
he
shall
hold
it
discharged
;
for
the
Grant
of
the
other
by
the
Release
is
discharged
,
and
the
Grant
being
but
by
one
is
discharged
as
to
all
.
And
the
Pernor
shall
hold
it
subject
to
the
Agreement
of
A.
for
some
think
there
shall
be
an
Election
after
,
as
if
he
had
granted
his
part
to
a
Stranger
.
A
Release
to
one
Tenant
in
Common
will
not
inure
to
his
Companion
for
want
of
privity
.
A.
seised
of
an
House
on
the
part
of
his
Mother
,
is
disseised
by
two
,
and
they
have
Estovers
granted
to
them
in
the
same
House
,
the
disseisee
releaseth
to
one
,
the
Estovers
remain
for
part
;
for
as
to
a
Stranger
the
Release
doth
not
countervail
an
Entry
and
Feoffment
.
As
if
a
disseisor
takes
a
Confirmation
to
hold
by
lesser
Services
,
and
after
the
disseisee
releaseth
,
yet
he
shall
take
advantage
of
the
Confirmation
.
If
the
Son
endows
his
Wife
,
Ex●●assensu
patris
,
and
the
disseisee
releaseth
to
the
disseisor
,
if
the
dower
shall
be
avoided
or
not
?
A
Warranty
made
to
the
disseisor
is
not
gone
,
by
a
release
made
by
the
disseisee
.
If
a
disseisor
having
a
Wife
makes
a
Lease
to
A.
for
life
,
who
makes
a
Lease
to
B.
for
life
,
the
disseisee
releaseth
to
B.
the
Wife
of
the
disseisor
shall
be
endowed
;
for
the
Release
doth
not
amount
to
an
Entry
and
Feoffment
.
Two
Fems
disseise
one
,
one
marries
,
the
disseisee
releaseth
to
the
Husband
in
Fee
,
that
goe●●
by
way
of
Extinguishment
to
both
the
women
;
for
it
cannot
inure
as
an
Entry
and
Feofment
to
one
Woman
,
for
she
is
not
privy
to
the
Deed
,
and
as
an
Entry
and
Feofment
to
the
Husband
it
cannot
inure
;
for
he
was
in
by
title
:
and
if
the
Release
had
been
to
the
other
Woman
,
that
should
not
have
devested
the
possession
of
the
Husband
.
The
Lord
disseiseth
the
Tenent
and
is
disseised
,
the
disseisee
releaseth
to
the
disseisor
of
the
Lord
,
the
Seignory
is
extinct
;
for
it
doth
not
countervail
an
Entry
and
Feofment
in
respect
of
the
Lord
,
but
extinguisheth
the
right
of
the
Lord
to
the
land
,
in
which
right
to
the
land
,
the
right
which
he
had
to
the
Seignory
was
suspended
.
But
if
the
Lord
and
a
Stranger
disseise
the
Tenant
,
and
the
Tenant
releaseth
to
the
Stranger
,
the
Seignory
is
revived
,
for
there
it
inures
as
an
Entry
and
Feofment
against
the
Lord
,
and
the
Lord
had
not
the
right
to
the
land
:
So
if
the
Lord
dies
,
and
the
other
hath
that
by
survivorship
.
Remainder
LAnd
is
given
to
Husband
and
Wife
,
and
to
the
Heir
of
the
Husband
begotten
on
the
body
of
the
Wife
;
and
if
the
Husband
dies
without
Issue
by
the
Wife
,
then
the
land
to
remain
to
A.
in
Fee
;
the
Husband
and
Wife
die
without
Issue
,
A.
enters
,
upon
whom
the
Feoffor
enters
,
and
A.
brings
an
Assize
;
some
think
it
is
maintainable
,
14
H.
6.
25.
such
a
limitation
good
.
Tenant
in
tail
makes
a
Feofment
and
dies
,
the
discontinuee
makes
a
Gift
in
tail
,
the
remainder
in
fee
to
the
first
Issue
in
tail
,
the
second
Tenant
in
tail
dies
without
Issue
,
his
Wife
Enseint
with
a
Son
,
the
Issue
of
the
first
entail
enters
,
and
after
the
other
Issue
is
born
,
and
enters
upon
him
,
and
he
brings
an
Assize
;
some
think
it
is
not
maintainable
.
A
Fem
Lessee
for
life
marries
,
a
Confirmation
is
made
to
them
two
for
their
lives
,
that
is
a
Remainder
in
the
Husband
,
by
reason
of
the
joint-Estate
of
the
Wife
.
So
if
land
be
given
to
A.
&
B.
for
the
life
of
B.
and
after
a
Confirmation
is
made
to
them
two
for
their
lives
,
that
is
a
Remainder
in
A.
and
the
Jointure
remains
.
Land
is
given
to
Husband
and
Wife
,
and
to
the
Heirs
of
the
body
of
the
Husband
,
the
Remainder
to
Husband
and
Wife
in
speciall
tail
;
the
Remainder
is
void
.
If
a
lease
be
made
for
the
life
of
the
Lessee
,
the
Remainder
to
the
Lessee
for
the
life
of
A.
that
Remainder
is
void
.
If
land
be
given
to
one
,
Habendum
to
him
and
the
Heirs
males
of
his
body
,
and
the
Heirs
females
of
his
body
,
he
shall
have
it
as
a
Remainder
.
Land
is
given
to
two
Women
,
Quam
diu
simul
vixerint
,
the
remainder
to
the
right
Heirs
of
her
who
first
dies
;
one
marries
,
and
hath
issue
and
dies
;
it
seems
the
remainder
is
good
notwithstanding
the
incertainty
.
But
if
the
Land
shall
be
Assets
in
a
Formedon
or
Debt
against
the
Heir
,
Quaere
?
some
think
it
is
not
,
for
it
was
never
in
the
Mother
.
The
Donor
disseises
Tenant
in
tail
,
and
dies
,
and
the
Heic
who
is
in
by
descent
makes
a
Lease
to
the
Issue
within
age
,
the
Remainder
in
Fee
,
Tenant
in
tail
dies
,
though
the
Issue
be
remitted
yet
the
Remainder
is
good
,
because
it
was
a
Livery
once
,
and
the
Remitter
was
subsequent
,
as
if
the
Lessor
disseiseth
his
Tenant
for
life
,
and
lets
for
the
life
of
the
disseisee
,
the
remainder
in
Fee
,
the
disseisee
enters
,
yet
him
remainder
shall
hold
it
:
but
in
both
cases
it
is
a
reversion
,
and
not
a
remainder
.
Quaere
of
the
first
case
.
If
a
Lease
be
made
for
life
upon
Condition
,
that
if
the
Lessee
shall
not
have
Issue
during
his
life
,
that
then
it
shall
remain
in
Fee
to
A.
and
he
dies
without
Issue
,
the
remainder
is
void
;
for
although
a
remainder
may
be
limited
upon
Condition
,
yet
the
Condition
ought
to
be
performed
during
the
life
of
Tenant
for
life
.
But
if
the
Condition
had
been
that
if
he
had
Issue
during
his
life
,
that
then
it
should
remain
,
the
remainder
had
been
good
,
if
he
had
Issue
,
7
H.
4.
6.
A
rent
granted
to
one
for
the
life
of
A.
the
remainder
to
the
right
Heirs
of
A.
that
cannot
be
during
the
life
of
A.
and
yet
thought
to
be
a
good
remainder
;
for
it
vests
in
the
same
instant
that
the
first
Estate
determines
.
A
remainder
may
be
good
to
him
that
had
the
Remainder
before
.
Tenant
for
life
makes
a
Lease
for
life
,
the
remainder
to
his
Lessor
,
and
a
Stranger
in
Fee
,
some
think
the
Stranger
shall
take
all
;
for
he
cannot
give
a
Fee
in
any
part
to
him
that
had
a
Fee
before
.
Remitter
.
TEnant
in
tail
makes
a
Feoffment
and
dies
,
the
Discontinuee
makes
a
gift
in
tail
,
the
Remainder
to
the
Issue
in
Fee
,
the
second
Tenant
in
tail
dies
without
Issue
,
his
Wife
enseint
with
a
Son
,
the
Issue
in
the
first
intail
enters
,
the
Son
is
born
,
and
enters
upon
him
,
and
he
brings
an
Assize
,
it
is
maintainable
;
for
the
remainder
is
limited
to
the
Issue
in
the
first
intail
,
and
he
by
vertue
of
his
remainder
enters
,
then
he
is
remitted
,
but
Dy.
129.
makes
it
a
Quaere
,
but
Bendlows
195.
he
is
remitted
,
and
so
is
the
Inst
.
357.
11
H.
4.1
.
If
the
Disseisee
enters
upon
the
Heir
of
the
Disseisor
,
and
grants
a
Rent
Charge
and
dies
,
the
Issue
shall
hold
it
discharged
;
for
though
he
hath
the
Right
form
the
same
Ancestor
that
granted
the
Rent
Charge
,
yet
he
is
remitted
to
another
possession
than
descended
to
him
.
And
if
the
Heir
of
the
Disseisee
enters
upon
the
Disseisor
,
and
grants
a
Rent
Charge
,
and
the
Disseisee
dies
,
because
a
new
Right
is
come
to
him
,
he
is
remitted
,
and
the
Grantor
shall
hold
it
discharged
.
But
if
the
Son
disseises
the
Father
,
and
grants
a
Rent
Charge
,
and
the
Land
descend
to
him
,
the
Son
shall
hold
it
charged
;
for
he
is
not
remitted
;
for
the
Right
descended
to
him
from
the
same
person
to
whom
he
did
the
wrong
,
and
he
shall
be
disabled
to
claim
a
right
from
him
whom
he
disseised
.
But
in
the
other
case
he
claims
the
Right
from
another
.
If
the
Father
disseiseth
the
Grandfather
and
dies
,
after
he
hath
granted
a
Rent
Charge
,
and
the
Grandfather
dies
,
the
Son
shall
hold
it
discharged
;
for
he
claims
from
the
Grandfather
,
Quaere
;
for
the
Entry
of
the
Grandfather
was
taken
away
,
and
then
when
the
Right
of
one
,
who
cannot
enter
,
descends
,
the
Tenant
is
remitted
.
Quaere
,
but
if
there
be
Lord
,
Mesne
,
and
Tenant
,
and
the
Tenant
aliens
in
Mortmain
,
the
Lord
Paramouns
enters
,
and
grancs
a
Rent
Charge
,
and
after
his
Title
is
come
,
viz.
the
year
past
,
and
the
Mesne
hath
not
entered
,
the
Lord
shall
hold
it
discharged
,
and
his
Issue
too
,
as
it
seems
,
for
he
shall
not
be
remitted
for
a
Title
,
as
he
shall
for
a
Right
accrued
;
but
it
seems
he
may
bar
him
upon
whom
he
enters
,
if
he
brings
an
Assize
,
and
that
by
his
Title
.
Grandfather
,
Father
,
and
Son
;
the
Father
disseises
the
Grandfather
and
dies
,
the
Son
endows
the
Wife
of
the
Father
,
the
Grandfather
dies
,
the
Son
may
enter
upon
the
Tenant
in
Dower
,
for
he
hath
a
new
right
descended
from
the
Grandfather
,
and
the
Entry
of
the
Grandfather
was
Congeable
upon
the
Tenant
in
Dower
,
so
shall
the
entry
of
his
Heir
.
But
if
the
Son
had
granted
a
Rent
charge
,
and
the
Granfather
had
died
,
he
should
hold
it
charged
,
and
should
not
be
remitted
;
for
the
entry
was
not
lawfull
upon
him
,
and
when
a
right
descends
from
the
Grandfather
,
he
shall
not
be
remitted
.
If
the
Issue
in
tail
procure
one
to
disseise
the
Heir
in
by
descent
,
against
whom
the
Heir
recovers
,
and
dies
,
the
Issue
shall
retain
;
but
if
he
himself
had
recovered
against
the
Disseisor
,
upon
a
Title
in
Being
to
him
,
he
shall
not
be
remitted
.
Quaere
,
If
his
Father
disseisee
dies
,
and
he
recovers
a
gainst
the
Heir
,
or
the
Disseisor
,
by
a
Formedon
,
If
he
shall
be
remitted
;
for
the
wrong
was
made
to
the
Estate
tail
at
that
time
:
And
if
one
hath
title
to
a
Formedon
,
and
he
procures
one
to
out
the
Tenant
,
to
the
intent
that
he
may
recover
against
him
,
and
the
Stranger
outs
him
,
and
a
Stranger
recovers
by
a
puisne
title
to
the
procurer
,
and
the
other
recovers
against
him
by
a
Formedon
,
he
is
remitted
.
If
two
Jointenants
have
title
of
Action
,
where
their
Entry
is
taken
away
,
and
the
one
procures
a
Stranger
,
ut
supra
against
whom
they
two
recover
,
and
he
who
Was
party
dies
,
the
other
is
remitted
to
all
;
but
if
he
which
did
not
procure
had
first
died
,
the
other
had
not
been
remitted
,
but
to
a
moity
,
Quaere
?
If
the
issue
in
tail
within
age
by
Covin
commands
A.
to
disseise
the
Discontinuee
of
his
Father
,
A.
disseises
him
to
the
use
of
B.
for
life
,
and
after
to
the
use
of
his
own
right
Heirs
,
B.
agrees
,
A.
dies
,
B.
dies
,
the
Heir
of
A.
enters
,
and
enfeoffs
the
Issue
;
he
is
remitted
,
because
he
is
now
within
age
.
Tenant
in
tail
levies
a
Fine
,
and
takes
back
an
Estate
in
fee
upon
condition
,
and
dies
,
the
Heir
enters
,
and
is
remitted
,
and
after
the
Proclamations
pass
,
if
that
takes
away
the
Remitter
,
and
if
the
Condition
remains
?
Quaere
.
If
two
Jointenants
are
disseised
by
the
Father
of
one
of
them
,
who
dies
seised
,
and
his
Son
enters
,
he
is
remitted
to
all
the
land
,
and
his
Companion
may
enter
with
him
:
And
it
is
not
like
where
two
are
disseised
,
and
a
descent
cast
during
the
non-age
of
of
one
,
and
he
enters
,
and
is
remitted
to
a
moity
,
his
Companion
shall
not
enter
;
for
the
advantage
is
given
him
more
in
respect
of
his
person
than
of
the
land
.
Neither
is
it
like
where
Tenant
in
Tail
enfeoffs
one
daughter
,
and
dies
,
she
being
within
age
,
she
is
remitted
,
and
her
Companion
shall
not
have
advantage
of
it
;
for
the
right
was
not
in
them
before
.
Nor
where
they
have
a
joint
Title
of
Formedon
by
descent
,
and
the
land
descends
to
one
only
,
his
Companion
peradventure
shall
not
take
advantage
of
it
,
for
the
Estate
tale
was
taken
away
,
but
here
it
was
not
.
But
if
the
Grandfather
had
disseised
,
&c.
and
the
land
had
descended
to
the
Father
,
and
from
the
Father
to
him
,
it
will
be
otherwise
,
for
his
Companion
shall
not
have
advantage
,
for
the
Entry
was
taken
away
before
.
If
the
Discontinuee
makes
a
Lease
to
the
Issue
in
tail
and
another
,
with
Livery
to
the
other
,
and
after
grants
the
Reversion
to
the
Issue
,
and
the
other
dies
,
so
that
the
Freehold
is
cast
upon
the
Issue
without
his
folly
,
yet
he
shall
not
be
remitted
;
for
he
assented
to
the
Reversion
upon
the
Lease
for
life
.
A
Disseisor
dies
without
Heir
,
his
Wife
enseint
,
the
Lord
enters
,
a
Son
is
born
,
the
Disseisee
enters
upon
the
Lord
:
If
the
Entry
had
been
before
the
birth
,
it
had
been
lawfull
,
and
he
had
been
remitted
,
and
the
birth
after
would
not
have
avoided
the
Remitter
:
As
if
the
Discontinuee
makes
a
gift
in
tail
to
one
,
the
Remainder
to
the
Issue
in
tail
,
if
the
first
Donee
dies
without
Issue
,
his
Wife
Priviment
enseint
,
now
the
Issue
in
the
first
intail
is
remitted
,
and
though
the
issue
of
the
second
Donee
be
after
born
,
the
Remitter
continues
;
but
here
the
Entry
is
not
till
after
the
birth
of
the
Son
,
for
if
a
Stranger
had
abated
,
the
Disseisor
having
Issue
,
or
if
after
abatement
a
Son
had
been
born
,
the
Disseisee
could
not
enter
.
A
Disseisee
,
releaseth
all
Actions
to
the
Disseisor
,
and
dies
,
and
after
the
Disseisor
dies
,
and
his
Heir
enters
and
dies
,
and
the
Land
discends
to
the
Heir
of
the
Disseisee
,
if
he
be
remitted
?
Some
say
there
can
be
no
Remitter
where
there
is
a
cause
of
Action
,
so
that
without
his
folly
he
hath
not
any
body
against
whom
he
may
bring
his
Action
,
but
though
he
hath
no
Action
here
,
yet
he
hath
not
lost
it
by
the
Law
,
but
by
his
own
Act
,
and
the
Right
remains
,
which
is
the
cause
of
his
remitter
,
and
in
many
cases
a
Right
shall
remain
without
an
Action
,
as
if
there
be
Tenant
for
life
of
a
Seignory
,
and
a
Tenancy
Escheats
,
and
a
Stranger
intrudes
,
Tenant
for
life
dies
before
Entry
,
he
in
Reversion
cannot
have
any
Action
,
but
may
enter
,
as
upon
the
Disseisor
,
of
his
Tenant
;
but
if
he
dies
,
and
his
Heir
be
in
by
descent
,
there
he
cannot
enter
,
and
yet
he
hath
a
Right
,
and
shall
be
remitted
upon
a
Discent
.
If
a
Fem
Tenant
in
generall
tail
marries
an
Infant
who
aliens
and
dies
,
and
his
Heir
enters
upon
the
Feoffee
,
the
Wife
re-enters
,
she
is
not
remitted
.
Tenant
for
life
,
the
remainder
in
Fee
makes
a
gift
in
tail
,
the
remainder
in
Fee
,
he
which
had
the
first
Remainder
releaseth
all
his
Right
to
the
Donee
,
without
saying
to
his
Heirs
,
and
dies
,
the
Donee
dies
without
Issue
,
the
Heir
of
him
in
Remainder
enters
,
if
he
be
remitted
?
If
the
Disseisee
takes
an
Estate
in
Fee
from
him
who
had
the
Land
by
descent
,
he
agrees
unto
it
,
and
yet
if
he
dies
seised
,
his
Heir
shall
be
remitted
.
The
Issue
in
tail
within
age
having
a
Title
to
bring
a
Formedon
,
accepts
from
the
Discontinuee
a
Bargain
and
sale
inrolled
,
he
shall
not
be
remitted
;
for
he
is
in
by
the
Statute
.
Tenant
in
tail
,
the
Remainder
to
his
right
Heirs
,
makes
a
Lease
to
the
Issue
within
age
,
upon
Condition
to
have
Fee
at
full
age
,
during
the
Term
he
performs
the
Condition
,
he
shall
be
remitted
;
for
the
Contract
was
during
his
Minority
.
As
if
an
Infant
delivers
a
Deed
as
an
Escrowl
,
to
be
delivered
as
his
Deed
when
he
comes
of
full
Age
,
and
receives
the
money
,
yet
he
shall
avoid
the
Deed.
Vide
Release
&
Condition
.
Rent
.
LEssee
for
life
makes
a
Lease
for
forty
years
,
rendring
a
Rent
,
the
Lessor
confirms
the
Estate
of
the
second
Lessee
,
and
then
Tenant
for
life
dies
within
the
term
,
the
Lessor
distrains
and
avows
for
the
Rent
,
some
think
it
is
not
maintainable
.
Lord
and
Tenant
by
Homage
,
Fealty
,
and
Rent
,
the
Lord
grants
his
Homage
upon
Condition
,
reserving
the
Rent
,
the
Condition
is
broken
,
he
hath
no
Remedy
for
the
Arrerages
due
before
.
Tenant
in
tail
discontinues
in
Fee
,
and
takes
back
an
Estate
in
Fee
,
and
grants
a
Rent
Charge
in
Fee
,
and
dies
,
the
Lord
seiseth
the
Ward
,
the
Grantee
distrains
for
the
Rent
,
and
the
Lord
makes
Rescous
,
and
the
Grantee
brings
an
Assize
,
som
e
think
it
is
maintainable
.
Lessee
for
life
makes
a
Lease
for
ten
years
,
rendring
a
Rent
,
the
Lessee
for
years
makes
a
Feofment
,
he
shall
hold
the
Land
discharged
of
the
Rent
,
though
it
binds
the
Lessee
for
life
;
for
the
rent
cannot
indure
longer
than
the
reversion
;
and
though
he
had
granted
it
to
a
Stranger
,
yet
had
it
been
gone
,
and
so
it
differs
from
the
other
,
which
is
not
in
respect
of
the
reversion
.
And
if
a
man
makes
a
Lease
for
life
,
reserving
a
rent
to
the
use
of
A.
and
Tenant
for
life
surrenders
,
the
rent
is
gone
,
1
Ass
.
10.
If
the
Mesne
grants
the
rent
of
the
Tenant
,
and
the
Tenancy
Escheats
,
the
Rent
is
gone
.
A.
makes
a
Lease
for
life
,
and
grants
a
Rent
Charge
,
out
of
the
reversion
;
the
Grantee
purchaseth
the
Estate
of
Tenant
for
life
,
who
dies
,
and
the
Lessor
enters
,
if
the
Grantee
may
distrain
for
all
the
Arrerages
from
the
time
of
the
Grant
?
A
Rent
is
granted
to
commence
after
the
Death
of
the
Grantee
,
who
dies
,
if
his
Wife
shall
be
endowed
?
The
Father
dies
seised
of
a
remainder
,
having
two
Sons
by
two
venters
,
the
Eldest
Son
being
Tenant
in
tail
of
the
particular
Estate
grants
a
Rent
Charge
in
Fee
,
and
dies
without
Issue
;
the
second
Son
enters
,
and
an
Avowry
is
made
upon
him
for
the
whole
Charge
.
If
a
man
hath
two
Daughters
by
two
venters
,
or
by
one
,
he
dies
,
and
the
Eldest
grants
a
Rent
Charge
,
and
dies
,
before
Entry
into
the
Land
,
some
think
the
youngest
shall
hold
all
the
Moity
charged
;
as
if
one
Jointenant
grants
a
Rent
charge
and
dies
,
the
Survivor
shall
hold
all
difcharged
.
If
Land
be
devised
,
reserving
a
Rent
,
that
is
a
void
reservation
;
for
the
reservation
of
the
Rent
cannot
be
good
;
but
in
respect
the
Reservor
might
take
advantage
of
it
by
possibility
;
and
the
Heir
cannot
have
that
which
the
Ancestor
could
not
;
for
if
a
Re-entry
be
reserved
to
the
Heir
it
is
void
.
If
Tenant
in
tail
holds
by
Rent
,
and
the
Donor
grants
the
Services
of
the
Donee
,
nothing
passeth
,
though
there
be
Atturnment
;
for
the
Rent
cannot
passe
but
as
a
Rent
Service
;
For
if
there
be
Lord
and
Tenant
by
Rent
and
Fealty
,
and
the
Lord
grants
the
Services
saving
the
Fealty
,
nothing
passeth
;
for
it
must
passe
as
a
Rent
Service
;
for
it
is
granted
by
the
name
of
Services
;
for
a
Rent
seck
,
or
Rent
Charge
cannot
passe
by
that
word
.
Quaere
,
if
the
sueing
be
not
void
for
the
Repugnancies
,
and
as
a
Rent
Service
it
cannot
passe
;
for
then
the
Donee
should
pay
one
Fealty
to
the
Grantee
,
and
another
to
the
Donor
for
the
reversion
,
and
so
the
Donor
should
charge
him
with
two
Fealties
,
which
cannot
be
,
no
more
than
the
Lord
can
grant
the
Moity
.
Tenant
for
life
grants
a
Rent
Charge
in
Fee
,
and
after
he
and
the
Lessor
make
a
Feoffment
of
all
their
Land
in
such
a
Town
where
the
Land
lieth
,
and
make
a
Letter
of
Atturny
to
make
Livery
,
yet
the
Rent
indurcs
but
for
the
life
of
Tenant
for
life
;
for
it
is
but
a
Grant
of
the
Estate
of
Tenant
for
life
,
and
also
of
him
in
Reversion
.
But
if
they
had
made
a
Feoffment
of
that
Land
only
,
then
the
Rent
should
endure
for
ever
;
for
it
is
the
Feoffment
of
Tenant
for
life
,
and
the
Confirmation
of
him
in
Reversion
.
Quaere
,
for
the
Deed
is
first
delivered
;
and
after
the
Livery
is
made
,
and
the
reversion
passeth
by
the
delivery
of
the
Deed
;
for
it
is
an
Atturnment
of
the
Tenant
for
life
by
the
delivery
of
the
Deed.
If
a
man
reserve
a
Rent
upon
a
Lease
for
life
,
he
hath
not
a
Fee
in
it
;
for
his
Wife
shall
not
be
endowed
,
but
if
Lessee
for
life
grants
a
Rent
in
Fee
,
a
Fee
passeth
:
for
by
possibility
it
may
endure
for
ever
;
that
is
,
if
the
Lessor
confirms
it
.
But
if
Tenant
for
life
grants
a
Rent
in
Fee
to
the
Lessor
,
who
grants
it
over
,
yet
he
shall
avoid
it
after
the
death
of
Tenant
for
life
;
for
it
cannot
be
a
Confirmation
though
it
were
granted
by
Dedimus
&
Concessimus
;
for
the
Grantee
had
not
possession
of
it
before
,
and
one
and
the
same
word
at
the
same
time
cannot
amount
to
a
Grant
and
a
Confirmation
also
.
And
therefore
if
a
Disseisor
grants
a
Rent
Charge
to
the
Disseisee
,
and
he
grants
it
over
,
and
after
re-enters
,
he
shall
hold
it
discharged
.
If
Tenant
pur
auter
vye
grants
a
Rent
Charge
in
Fee
,
and
after
he
hath
the
Reversion
by
descent
,
or
release
,
&
Cesty
que
vye
dies
,
he
shall
hold
it
discharged
;
but
if
after
the
Fee
was
vehe
had
made
a
Feoffment
,
the
Feoffee
should
not
have
avoided
it
after
the
death
of
Cesty
que
vye
.
A
Seignory
is
granted
for
years
,
the
Rent
being
arrear
,
the
Tenant
dies
,
the
years
expire
,
the
Heir
shall
not
be
charged
as
Heir
in
Debt
,
if
the
Father
did
not
bind
himself
and
his
Heirs
by
expresse
words
,
and
the
Executors
shall
not
be
charged
;
for
they
were
not
chargeable
with
it
at
the
death
of
the
Testator
;
for
at
that
time
the
Grantee
could
not
have
had
an
Action
of
Debt
for
it
;
but
he
must
have
Distrained
,
and
so
the
Lessee
is
without
remedy
.
If
a
Rent
be
granted
to
one
and
his
Heirs
,
and
if
it
be
behind
,
that
he
shall
distrain
for
the
life
of
A.
during
the
life
of
A.
it
is
a
Rent
Charge
,
and
after
a
Rent
seck
,
and
some
think
that
Seisin
of
a
Rent
Charge
is
sufficient
to
have
an
Assize
for
a
Rent
se●k
.
If
a
Reversion
be
granted
rendring
a
Rent
.
Quaere
,
what
Rent
it
is
during
the
particular
Estate
,
but
after
the
particular
Estate
be
determined
,
it
is
a
Rent
Service
.
If
a
Rent
be
granted
out
of
two
Acres
,
and
if
it
be
behind
,
that
he
may
distrain
in
one
,
that
is
but
a
Rent
seck
;
for
it
is
but
one
Rent
which
cannot
be
wholly
a
Rent
Charge
;
for
the
other
Acre
is
not
charged
,
and
the
Distress
is
but
a
penalty
.
And
if
a
Rent
in
Fee
be
granted
,
and
if
it
be
behind
two
years
,
that
the
Grantee
may
distrain
,
now
it
is
not
a
Rent
seck
during
the
two
years
,
but
a
Rent
Charge
distrainable
after
the
two
years
.
And
if
a
Rent
be
granted
to
one
,
and
if
it
be
behind
,
his
Heirs
shall
distrain
,
the
distress
is
void
;
for
there
is
not
any
such
person
in
Rerum
natura
,
and
it
shall
never
be
a
Rent
Charge
because
it
was
not
one
at
the
beginning
,
but
if
the
distresse
had
been
limitted
to
a
person
in
Esse
,
then
it
should
have
been
a
Rent
Charge
,
as
46
E.
3.
18.
If
the
Lord
grants
his
Seignory
,
reserving
a
Rent
,
the
Seisin
before
will
not
be
a
sufficient
Seisin
of
it
.
If
a
Rent
be
granted
to
two
,
and
if
it
be
behind
,
that
one
may
distrain
,
that
is
a
Rent
Seck
for
one
Moity
,
and
a
Rent
Charge
for
the
other
Moity
,
because
one
hath
another
benefit
than
the
other
.
If
a
Rent
be
granted
for
life
,
and
by
another
Deed
the
Grantor
releaseth
all
his
right
in
the
Rent
to
the
Grantee
,
and
if
it
be
behind
,
that
he
and
his
Heirs
shall
distrain
,
although
the
Heir
shall
have
it
by
distresse
,
as
it
is
adjudged
in
8
H.
4.
18.
yet
the
Wife
shall
not
be
endowed
;
for
it
is
yet
but
a
Rent
seck
,
and
the
distress
but
a
penalty
,
and
it
is
no
new
Rent
which
commences
after
the
death
.
For
if
a
Rent
be
granted
for
life
,
and
by
another
Deed
the
Grantor
grants
,
if
the
rent
be
behind
he
shall
distrain
the
remainder
in
Fee
,
the
remainder
is
void
;
for
he
doth
not
take
such
an
Estate
which
will
support
a
remainder
.
If
a
rent
be
granted
our
of
the
Mannor
of
D.
and
if
it
be
behind
he
shall
distrain
in
the
Mannor
of
S.
the
Grantee
purchaseth
the
Mannor
of
S.
yet
the
rent
remains
,
and
if
he
doth
not
purchase
all
the
Mannor
the
distress
shall
remain
in
the
rest
,
and
yet
the
penalty
was
a
thing
against
common
right
.
Tenant
in
tail
makes
a
Lease
for
forty
years
,
reserving
a
rent
,
and
after
dies
,
the
Heir
suffers
the
Lessee
to
continue
in
two
or
three
years
,
and
then
outs
him
,
he
hath
no
remedy
for
the
rent
arrear
after
the
death
of
Tenant
in
tail
,
no
more
than
the
Lessee
hath
for
the
arrears
incured
after
the
breach
of
a
Condition
,
where
he
hath
entred
for
the
breach
of
the
Condition
,
and
it
seems
he
shall
not
have
an
Action
of
accompt
against
him
as
Bailiff
of
the
Land.
A
rent
seck
is
granted
for
life
,
and
after
the
Grantor
confirms
his
Estate
,
and
if
it
be
behind
,
that
he
and
his
Heirs
shall
distrain
,
it
is
a
rent
seck
stil
for
life
,
and
the
Grantee
hath
the
rent
charge
in
Fee
in
remainder
;
for
he
hath
not
two
rents
.
As
if
the
Lord
of
a
Mannor
grants
the
Homage
and
Fealty
of
his
Tenants
,
saving
the
rent
,
it
is
a
rent
seck
,
and
shall
be
parcell
of
the
Mannor
,
now
if
the
Tenant
will
grant
to
the
Lord
,
that
he
and
his
Heirs
shall
distrain
for
that
rent
,
yet
the
rent
is
parcel
of
the
Mannor
,
and
the
distresse
but
a
penalty
,
but
if
it
were
a
rent
charge
,
it
shall
not
be
said
parcell
of
the
Mannor
,
because
it
shall
commence
but
now
.
If
the
Lord
grants
the
rent
of
his
Tenant
to
one
for
life
,
saving
the
Seignory
,
and
then
grants
the
Seignory
and
reversion
of
the
rent
to
the
Grantee
,
yet
it
must
be
a
rent
seck
during
the
life
of
the
Grantee
,
and
after
a
rent
service
;
for
the
reversion
of
the
rent
,
which
was
a
rent
service
cannot
drown
the
Freehold
of
the
Rent
,
which
was
of
another
nature
,
no
more
can
the
Reversion
of
the
Rent
Charge
drown
the
Freehold
of
the
Rent
Seck
in
the
principal
case
.
But
in
the
last
case
,
if
the
Grantee
had
re-granted
the
Rent
Seck
to
the
Grantor
,
who
had
the
Reversion
,
that
will
operate
as
a
Surrender
.
Quaere
,
what
diversity
where
the
Reversion
comes
to
the
Freehold
,
or
the
Freehold
to
the
Reversion
?
If
a
Rent
be
granted
out
of
two
Acres
,
and
if
it
be
behind
,
that
he
shall
distrain
in
one
,
that
is
not
a
Rent
Charge
in
any
part
;
for
the
distresse
is
not
limitted
out
of
all
the
Land.
If
twenty
shillings
be
granted
out
of
the
Mannor
of
D.
and
if
it
be
behind
,
that
he
shall
distrain
for
that
twenty
Shillings
,
and
another
twenty
Shillings
out
of
the
Mannor
of
S.
the
first
twenty
shillings
is
but
a
Rent
Seck
,
and
the
distresse
a
penalty
,
and
the
last
a
Rent
Charge
in
the
Mannor
of
S.
But
if
one
grants
a
Rent
out
of
the
Mannor
of
D.
and
if
it
be
behind
,
that
he
shall
distrain
in
D.
and
S.
that
is
a
Rent
Charge
in
the
Mannor
of
D.
and
a
penalty
in
the
Mannor
of
S.
If
a
Rent
be
granted
to
one
for
the
life
of
A.
and
after
the
Grantor
grants
by
another
Deed
,
that
he
shall
distrain
for
his
life
,
with
a
Remainder
in
Fee
,
that
is
a
good
Remainder
,
if
the
first
Rent
be
determined
,
but
if
the
distresse
be
appointed
for
the
life
of
A.
or
B.
it
is
otherwise
;
for
it
is
but
a
penalty
,
but
in
the
other
case
the
Estate
is
given
also
,
though
it
be
a
penalty
during
the
time
of
the
appointment
of
the
Determination
of
the
first
Rent
.
If
twenty
Shillings
is
granted
out
of
D.
and
that
the
Grantee
and
his
Heirs
shall
distrain
for
that
twenty
Shillings
,
and
other
out
of
the
Mannor
of
D.
and
S.
For
the
first
twenty
Shillings
it
is
a
Rent
Charge
in
D.
and
a
penalty
in
S.
and
for
the
other
it
is
a
Rent
Charge
in
both
.
If
a
Rent
be
granted
out
of
two
Acres
,
with
a
distresse
in
one
,
and
after
the
other
is
recovered
by
an
Eigne
Title
,
it
shall
be
a
Rent
Seck
,
as
it
was
before
;
for
it
cannot
be
now
a
Rent
Charge
,
if
it
were
a
Rent
Seck
before
.
If
a
Rent
reserved
upon
a
Lease
for
life
be
granted
over
,
and
after
a
recovery
is
had
in
Wast
,
yet
the
rent
remains
,
as
if
the
Lord
grants
the
rent
,
reserving
the
Homage
,
the
Rent
remaines
after
the
Escheat
.
A
rent
is
granted
in
Fee
out
of
Land
in
Borough
English
,
and
at
common
Law
the
Grantee
dies
,
having
two
Sons
,
the
Eldest
shall
have
all
;
for
the
rent
is
intire
,
and
so
not
apporcionable
,
then
the
Eldest
,
being
he
is
Heir
at
Common
Law
shall
have
all
,
as
an
Assize
at
Common
Law
is
maintainable
for
a
rent
granted
out
of
Ancient
Demesue
,
and
other
Lands
,
35
H.
6.4
.
p.
Ashton
.
If
a
rent
be
granted
in
Fee
,
and
the
Grantee
grants
it
for
years
,
the
Grantee
hath
no
remedy
if
it
be
denied
;
for
the
Election
to
have
an
annuity
is
only
given
to
the
first
Grantee
and
his
Heirs
,
and
the
Election
runs
in
privity
,
which
fails
in
the
second
Grantee
.
If
a
rent
,
incident
to
a
reversion
,
be
granted
for
years
,
saving
the
reversion
,
the
Grantee
hath
no
remedy
;
for
he
shall
not
have
an
Action
of
debt
,
though
the
Lease
out
of
which
the
rent
issued
was
for
years
;
for
there
wants
privity
.
If
a
Lease
be
made
to
two
,
Habendum
the
one
Acre
in
Fee
,
and
the
other
for
life
,
reserving
a
rent
.
Quaere
,
how
the
Lessor
shall
avow
,
but
his
Executors
are
not
aided
by
the
Statute
of
31
H.
8.
If
a
Lease
be
made
of
two
Acres
,
reserving
a
rent
for
years
,
and
then
the
reversion
of
one
Acre
is
granted
,
the
rent
shall
be
apporcioned
;
for
as
the
contract
is
made
in
respect
of
the
reversion
,
so
it
shall
be
severed
in
respect
of
the
reversion
.
A
rent
charge
is
granted
in
tail
to
the
Vse
of
A.
and
his
Heirs
,
the
rent
is
behind
,
the
Donee
dies
without
Issue
,
A.
brings
an
Action
of
Debt
for
the
Arrerages
.
If
the
Parson
and
Ordinary
grant
a
rent
charge
out
of
the
Glebe
to
the
Patron
,
the
Successor
shall
avoid
it
;
for
the
assent
of
the
Patron
ought
to
be
expresse
,
and
of
the
Ordinary
also
where
the
Successor
must
be
bound
,
and
it
is
but
implied
here
,
but
the
best
way
had
been
to
have
granted
it
to
A.
and
he
to
have
granted
it
to
the
Patron
;
and
in
the
first
case
if
the
Patron
grants
it
over
,
that
is
no
full
assent
,
but
the
Successor
shall
avoid
it
.
If
Tenant
in
tail
grants
a
Rent
Charge
in
Fee
,
and
makes
a
Lease
for
forty
years
,
and
dies
,
and
the
Issue
accepts
the
Rent
,
the
Grantee
shall
have
the
Rent
during
the
Lease
and
the
life
of
the
Issue
,
although
the
Lessee
Surrenders
,
Quaere
,
for
the
Reversion
is
discharged
.
If
Tenant
in
tail
grants
a
Rent
in
Fee
,
and
dies
,
and
the
Issue
having
a
Wife
dies
before
Entry
,
his
Wife
is
endowed
,
she
shall
hold
it
discharged
.
If
the
Father
disseises
the
Son
,
and
grants
a
rent
Charge
,
and
the
Son
endows
his
Wife
Ex
Assensu
Patris
in
the
same
Land
,
the
Father
dies
,
the
Son
dies
,
the
Wife
enters
,
she
shall
hold
it
charged
,
for
she
claims
from
the
possession
charged
.
And
if
Tenant
in
tail
grants
a
rent
charge
,
the
Abator
shall
hold
it
charged
.
If
the
Father
disseises
the
Son
,
and
grants
a
rent
charge
in
Fee
,
and
makes
a
Lease
for
years
,
and
the
Son
confirms
the
Lease
,
and
the
Father
dies
,
the
rent
is
gone
.
So
if
a
man
grants
a
rent
in
Fee
,
and
makes
a
Lease
for
years
,
and
grants
the
reversion
to
the
King
,
or
to
the
Grantee
,
the
rent
is
gone
.
If
a
Lease
be
made
of
two
Acres
in
one
County
,
rendring
a
rent
,
and
Livery
is
made
in
both
severally
,
yet
it
is
but
one
rent
,
though
one
Acre
passed
by
the
Livery
before
the
other
.
Lessee
for
twenty
years
makes
a
Lease
over
,
and
makes
a
Lease
of
other
Land
,
in
which
he
hath
an
Estate
in
Fee
simple
for
twenty
years
,
reserving
a
Rent
,
without
Deed
,
the
whole
Rent
doth
issue
out
of
the
Lands
in
which
he
hath
an
Estate
in
Fee
;
for
being
he
hath
granted
all
his
Right
over
in
the
other
Land
,
it
cannot
be
a
reservation
out
of
that
.
If
a
mangrants
a
Rent
for
life
,
and
after
by
another
Deed
grants
,
that
it
shall
be
lawfull
for
the
Grantee
and
his
Heirs
to
distrain
for
the
same
Rent
,
that
shall
be
intended
a
Rent
of
the
same
value
;
for
that
Rent
is
determined
by
the
death
of
the
Grantee
.
As
if
the
King
grants
to
the
Mayor
and
Commonalty
of
D.
the
same
Liberties
which
the
Mayor
and
Commonalty
of
London
have
,
that
shall
be
construed
Liberties
of
the
same
nature
,
If
a
man
grants
to
me
,
that
whereas
he
hath
made
a
Lease
for
forty
years
to
A.
that
I
shall
present
to
the
Advowson
which
the
Lessor
hath
during
the
same
term
.
If
A.
surrenders
the
Mannor
,
yet
I
shall
present
;
for
when
my
Grant
was
during
the
same
term
,
that
is
to
be
understood
during
the
like
time
.
If
the
Patron
and
Ordinary
give
license
to
the
Parson
to
grant
a
Rent
in
Fee
,
if
he
does
it
,
that
will
bind
the
Successor
according
to
the
opinion
of
7
H.
4.
18.
But
if
a
Confirmation
had
been
made
to
the
Grantee
before
the
Grant
,
that
had
been
void
;
and
the
Diversity
is
this
;
for
in
the
first
case
there
was
nothing
requisite
but
an
Assent
,
which
may
be
before
the
Act
is
done
,
and
therefore
it
is
said
,
that
if
a
Bishop
makes
a
Gift
in
tail
by
Deed
,
and
the
Dean
and
Chapter
confirm
the
Deed
,
Et
omnia
quae
in
eo
sunt
,
according
to
the
usuall
Confirmation
in
those
cases
,
and
after
Livery
is
made
,
that
was
holden
by
all
the
Justices
to
be
a
void
Confirmation
;
for
the
Assent
was
not
but
to
the
Deed
,
but
the
Confirmation
ought
to
be
after
the
Estate
made
,
and
so
a
Diversity
.
If
a
Rent
Seck
be
granted
to
A.
for
life
,
and
after
it
is
granted
,
that
he
and
his
Heirs
shall
distrain
for
it
during
the
life
of
the
Grantee
,
it
is
still
a
Rent
Seck
,
though
he
may
distrain
for
it
,
but
the
Heir
shall
distrain
for
it
and
take
it
by
descent
.
A.
makes
a
Lease
for
life
,
reserving
a
Rent
in
Fee
,
and
then
grants
the
Reversion
with
Atturnment
;
and
reserves
the
Rent
in
Fee
,
and
dies
,
the
Rent
is
gone
;
for
it
is
reserved
out
of
an
Estate
for
life
only
.
So
if
Tenant
in
tail
of
a
Rent
grants
it
in
Fee
,
that
is
no
discontinuance
;
for
it
is
granted
but
during
the
life
of
the
Grantor
.
If
A.
makes
a
Lease
for
life
,
reserving
a
Rent
,
the
remainder
for
life
,
the
Lessor
grants
the
reversion
to
him
in
Remainder
,
the
first
Tenant
for
life
atturns
,
he
shall
not
have
the
Rent
;
for
the
Fee
simple
drowns
the
remainder
to
some
purposes
,
but
as
to
this
it
is
in
Esse
.
A.
grants
a
Rent
Charge
in
tail
,
and
enfeoffs
the
Grantee
of
the
Land
,
who
gives
in
tail
,
reserving
to
him
so
many
services
as
he
pays
over
to
the
Lord
Paramount
,
and
dies
,
the
Issue
shall
not
have
a
Formedon
of
the
Rent
,
being
he
hath
the
Reversion
;
for
the
Land
is
discharged
at
the
time
of
the
Gift
in
tail
,
31
E.
3.
Scire
fac
.
Lessee
for
twenty
years
makes
a
Lease
for
ten
years
,
who
purchaseth
the
Reversion
with
Atturnment
of
the
Lessee
,
the
Executor
of
the
Lessee
for
ten
years
,
shall
not
have
the
residue
of
the
term
,
but
the
Heir
;
but
he
shall
pay
the
first
rent
reserved
to
the
Lessee
for
twenty
years
in
nature
of
a
Rent
Charge
granted
by
him
;
for
the
Term
is
in
Esse
as
to
that
purpose
,
but
it
seems
the
first
Lessee
may
distrain
.
If
two
Parceners
are
seised
in
tail
,
and
one
grants
a
Rent
to
the
other
for
Equalty
of
Partition
,
she
shall
have
an
Estate
tail
in
the
Rent
,
2
H.
7.
5.
and
note
that
the
Estate
in
the
Rent
shall
be
of
the
same
nature
of
the
Estate
received
,
and
not
of
the
nature
of
the
Estate
out
of
which
it
issues
.
As
if
there
be
two
Parceners
of
one
Acre
in
Fee
,
and
of
the
other
in
tail
,
and
upon
Partition
she
which
hath
the
Acre
in
Fee
grants
a
Rent
to
the
other
,
that
Rent
shall
be
in
tail
,
and
not
in
Fee
,
but
if
she
which
hath
the
Acre
in
tail
grants
a
Rent
to
the
other
,
that
shall
be
in
Fee
;
for
if
she
dies
without
issue
,
her
Heir
shall
have
it
as
long
as
the
other
hath
issue
of
ber
body
.
But
if
there
be
four
Acres
in
Fee
,
and
one
in
tail
,
and
she
which
hath
the
four
Acres
in
Fee
grants
a
Rent
to
the
other
,
that
shall
be
in
Fee
,
Quia
sequitur
magis
principale
.
If
the
Lord
grants
the
Rent
,
saving
the
Seignory
,
and
the
Tenant
is
after
disseised
,
and
atturns
,
this
is
void
,
for
it
is
now
a
Rent
Seck
,
in
which
there
is
no
Attendancy
,
but
a
Charge
to
the
Land.
If
a
man
grants
a
Rent
,
reserved
upon
a
Lease
for
life
,
saving
the
Reversion
,
it
is
a
good
Rent
Seck
,
if
the
Tenant
atturns
.
But
if
there
be
Lessee
for
years
,
rendring
a
Rent
,
and
the
Rent
is
granted
over
,
saving
the
Reversion
,
that
is
void
;
for
debt
cannot
lie
by
the
Grantee
,
and
he
cannot
have
any
other
action
.
If
the
Feoffec
upon
Condition
pays
twenty
shillings
to
the
Lord
,
whenas
the
Tenure
was
by
Fine
,
the
Feoffor
after
his
Entry
for
breach
of
the
Condition
is
bound
in
a
Replevin
.
So
if
Lessee
for
life
with
Condition
to
have
Fee
,
and
the
Lessor
pays
more
Rent
to
the
Lord
than
he
ought
,
and
after
the
Condition
is
performed
,
the
Lessee
is
bound
in
a
Replevin
.
So
if
a
Seignory
of
twenty
shillings
is
granted
over
by
Fine
,
and
the
Tenant
aliens
over
,
and
after
pays
forty
shillings
to
the
Lord
,
the
Feoffee
is
bound
.
If
a
Lease
be
made
for
life
,
rendring
the
first
four
years
a
Rose
,
and
after
a
yearly
Rent
of
twenty
shillings
,
and
the
Lessor
grants
the
Rent
of
twenty
shillings
to
commence
after
the
four
years
,
this
Grant
is
void
;
for
the
Rose
and
twenty
shillings
are
all
one
Rent
,
and
if
the
Grant
should
be
good
,
the
Grantor
should
have
the
Rose
for
four
years
,
whereas
before
he
had
the
Freehold
,
and
then
it
is
as
if
one
had
a
Rent
in
Fee
,
and
grants
it
over
after
four
years
,
that
Grant
is
void
,
otherwise
of
a
Rent
created
de
novo
.
If
a
man
hath
a
Rent
in
Fee
,
and
becomes
Tenant
by
the
Curtesie
of
the
Land
,
and
dies
,
his
Heir
shall
have
a
Mortdancester
of
the
Rent
,
which
he
could
not
have
had
if
his
Ancestor
had
not
died
seised
.
So
if
an
Assize
be
brought
against
the
Pernor
of
a
Rent
,
and
after
the
Plaintiffe
is
nonsuited
,
the
Disseisee
of
the
Rent
is
chased
to
his
Action
for
the
Rent
;
for
the
dying
seised
takes
away
his
Entry
,
viz.
where
the
Pernor
had
an
Estate
for
life
in
the
Tenancy
.
Lessee
for
twenty
yeares
makes
a
Lease
for
ten
years
,
reserving
a
rent
,
and
after
makes
a
Lease
to
the
same
Lessee
for
ten
years
,
to
begin
after
his
first
Estate
ended
.
It
seems
that
the
first
Lessee
shall
have
the
rent
during
the
first
ten
years
,
as
a
rent
service
,
and
distrain
for
it
;
for
the
last
ten
years
are
not
out
of
the
first
Lessee
,
nor
vested
in
the
other
,
neither
shall
they
,
untill
the
beginning
of
the
Term
,
and
in
the
mean
time
he
hath
but
a
right
or
Title
to
the
Term.
If
Tenant
for
life
,
and
he
in
reversion
grant
a
rent
charge
,
and
the
Grantee
releaseth
all
his
right
to
him
in
reversion
,
if
the
rent
be
extinct
Quaere
.
If
a
Lease
be
made
of
two
Acres
,
rendring
a
rent
upon
Condition
to
be
performed
by
the
Lessee
,
that
he
shall
have
Fee
in
one
Acre
,
not
saying
in
which
,
and
Livery
is
made
of
both
,
the
Lessee
performs
the
Condition
,
what
rent
the
Lessor
ought
to
have
?
Quaere
,
or
if
it
shall
be
apporcioned
,
being
part
of
the
reversion
to
which
the
rent
is
appendant
is
in
the
Lessee
,
and
by
an
Act
that
had
relation
:
So
that
it
may
now
be
said
,
that
the
rent
was
never
reserved
out
of
that
Acre
,
which
seems
to
be
of
the
same
effect
as
if
there
had
been
a
gift
made
of
two
Acres
,
the
one
in
Fee
,
and
the
other
for
years
,
rendring
a
rent
,
in
this
case
it
shall
be
of
one
only
Acre
;
for
he
may
distrain
of
common
right
,
and
out
of
the
other
Acre
no
remedy
until
after
Seisin
.
Also
in
the
said
cafe
if
the
Lessor
will
distrain
in
one
Acre
,
the
Lessee
shall
take
his
Election
,
viz.
he
shall
say
that
he
hath
Fee
in
that
Acre
,
and
so
exclude
the
Lessor
.
The
Son
makes
a
Lease
to
the
Father
for
life
,
who
makes
a
Lease
to
A.
for
life
,
the
remainder
in
Fee
to
the
Son
,
the
Son
grants
a
rent
charge
out
of
the
remainder
,
and
releaseth
to
A.
in
Fee
,
the
Father
and
A.
die
,
if
his
Issue
shall
hold
it
charged
?
First
,
it
seems
that
the
right
Fee
is
devested
,
and
a
tortious
vested
all
in
the
same
lastant
.
As
if
Tenant
in
tail
makes
a
Lease
for
life
,
&c.
or
the
Husband
makes
a
Lease
for
life
of
the
Wives
Land
,
&c.
then
in
the
first
case
,
the
Rent
being
granted
out
of
the
Reversion
,
it
is
the
same
as
if
it
had
been
granted
out
of
the
Remainder
;
for
they
differ
not
in
substance
.
And
when
the
Son
releaseth
to
A.
and
his
Heirs
all
his
Right
;
that
doth
not
inure
as
an
Entry
and
Feoffment
,
because
A.
was
in
by
Title
,
without
Disseisin
,
then
that
doth
not
give
unto
him
the
remainder
,
as
if
he
had
released
all
his
Estate
in
the
Land
,
or
all
his
right
,
Habendum
the
Land
in
Fee
,
but
here
he
had
the
right
and
the
Estate
,
and
then
a
Release
of
right
doth
not
inure
to
the
Estate
,
then
if
the
release
doth
not
perfect
the
remainder
,
if
the
Grant
of
the
rent
,
which
is
an
assent
to
the
remainder
,
doth
so
inseperably
unite
the
remainder
and
the
Rent
,
that
the
right
shall
be
drownd
in
the
Estate
for
the
preservation
of
the
Rent
?
and
some
think
not
;
for
if
the
Disseisee
takes
an
Estate
in
Fee
from
him
who
hath
the
Land
by
Descent
,
he
agrees
to
it
,
and
yet
if
he
dies
his
Heir
shall
be
remitted
,
and
so
the
rent
charge
avoided
.
But
others
think
that
being
by
the
Grant
of
the
rent
charge
he
hath
agreed
to
the
remainder
,
and
so
to
the
Livery
,
he
cannot
after
enter
upon
the
Tenant
for
life
,
and
then
the
release
gives
the
remainder
,
and
so
the
Land
is
charged
.
Where
a
Woman
shall
be
endowed
of
a
rent
,
Vide
Dower
.
If
a
rent
seck
be
granted
,
and
after
it
is
granted
that
he
may
distrain
in
the
same
Land
,
and
after
the
Grantee
brings
a
writ
of
Annuity
,
if
he
may
dristrain
after
.
Quaere
,
viz.
if
there
be
one
or
two
rents
?
A
rent
charge
is
granted
out
of
two
Acres
,
the
Tenant
of
the
Land
conveys
away
one
,
the
Grantee
of
the
rent
may
distrain
in
one
or
the
other
:
But
if
one
Tenant
pay
the
rent
,
if
the
other
be
distrained
he
may
plead
payment
by
his
Companion
.
A
Fem
hath
a
rent
seck
and
marries
,
the
Tenant
grants
to
the
Husband
,
that
he
and
his
Heirs
may
distrain
for
the
rent
,
the
Husband
&
wife
die
without
Issue
,
the
distress
is
extinct
;
for
the
Heirs
of
the
Husband
are
only
privy
to
distrain
,
and
they
cannot
distrain
so
●●
rent
due
to
another
.
But
if
a
man
hath
a
rent
on
the
part
of
his
mother
,
and
the
Tenant
grants
that
he
●●
his
Heirs
may
distrain
for
the
rent
,
and
he
dies
without
Issue
,
there
the
distresse
shall
go
to
the
Heirs
on
the
part
of
his
Mother
,
and
if
they
grant
the
rent
to
distranger
the
may
distrain
.
But
if
the
Tenant
grants
to
the
Lord
of
the
Mannor
that
he
shall
distrain
,
ut
supra
,
and
he
aliens
the
mannor
,
the
Alience
shall
not
distrain
out
of
the
Mannor
,
and
in
that
case
the
penalty
of
the
distresse
is
gone
,
but
in
the
other
case
,
the
Grante
being
of
a
distresse
in
the
same
place
out
of
which
the
rent
issues
,
this
is
now
a
rent
charge
,
and
by
consequeuce
the
distresse
shall
passe
to
the
Grantee
:
but
if
the
Grant
of
the
distresse
had
been
in
another
place
,
then
it
had
been
but
a
penalty
,
and
could
not
have
gone
to
the
Heir
on
the
part
of
the
Mother
,
non
to
the
Assignee
of
the
same
rent
,
and
therefore
the
penalty
being
severed
from
the
principall
by
Act
in
Law
,
or
in
Deed
,
the
penalty
shall
cease
.
Vide
Parceners
,
Lease
,
Atturnment
.
Reservation
.
IF
a
rent
be
reserved
to
the
Lessor
,
he
shall
have
it
but
during
his
life
;
for
it
was
not
reserved
longer
.
And
if
it
had
been
ceserved
during
forty
years
he
should
have
had
it
no
longer
.
But
if
the
rent
had
been
reserved
generally
,
and
not
expressed
to
whom
,
that
shall
be
to
the
M●●ssoc
and
his
Heirs
;
for
the
Law
will
direct
it
.
If
Lessee
for
twenty
years
makes
a
Lease
for
ten
years
,
reserving
a
rent
to
him
,
his
Executors
shall
have
it
;
for
they
represent
the
person
of
the
Testator
.
If
a
Gift
in
tail
be
made
reserving
,
during
the
life
of
the
Donor
a
Socage
Tenure
,
and
after
Knights
Service
,
that
is
a
good
reservation
,
and
it
shall
be
according
to
the
words
,
and
his
Wife
shall
be
endowed
of
the
Knight
Service
.
If
a
Lease
for
life
be
made
,
rendring
a
rent
for
the
first
seven
years
,
he
shall
have
an
Assize
for
it
;
for
it
is
adjudged
in
7
E.
3.
10.
That
an
Action
of
Debt
will
not
lie
for
the
rent
.
Dy.
23.
a.
Spilman
cont
.
Although
Littleton
saith
a
man
cannot
reserve
a
rent
but
to
the
Lessor
or
his
Heirs
,
yet
if
a
man
makes
a
Lease
,
rendring
a
rent
to
his
Heir
,
that
is
a
void
reservation
;
for
his
Heir
shall
take
as
a
purchase
,
and
is
as
a
Stranger
.
But
Littleton
is
to
be
understood
so
,
that
the
Disjunctive
must
be
taken
for
a
Copulative
.
If
a
Feoffment
be
made
of
a
Mannor
,
reserving
to
the
Feoffor
an
Acre
for
twenty
years
,
the
Feoffor
hath
a
Fee
in
it
,
and
nothing
passeth
of
it
;
for
it
cannot
passe
by
the
Livery
,
and
he
cannot
passe
it
to
himself
,
or
reserve
It
for
a
certain
time
;
for
then
he
should
have
a
lease
for
years
without
a
Lessor
,
which
cannot
be
.
If
a
Dean
and
Chapter
make
a
lease
,
reserving
a
rent
to
them
,
their
Successor
shall
have
it
because
they
never
die
.
If
a
man
upon
a
Gift
in
tail
reserve
Socage
tenure
the
first
ten
years
,
and
after
Knights
service
,
within
the
ten
years
the
Donee
dies
,
his
heir
within
age
,
if
he
shall
be
in
Ward
during
the
first
ten
years
,
or
after
,
if
they
expire
during
his
Nonage
?
If
a
Feoffment
be
made
of
a
Mannor
,
reserving
one
Acre
,
that
is
a
good
reservation
;
but
if
a
Feoffment
be
made
of
twenty
Acres
,
reserving
one
Acre
,
that
is
void
.
If
a
lease
be
made
of
land
and
wood
for
life
,
rendring
twenty
shillings
rent
,
viz.
ten
shillings
for
the
land
,
and
ten
shillings
for
the
wood
,
the
rents
are
made
severall
.
If
there
be
Lord
and
Tenant
by
Fealty
and
twenty
shillings
rent
,
and
the
Tenant
makes
a
Gift
in
Franckmarriage
to
hold
of
him
by
Fealty
only
,
untill
the
fourth
degree
be
past
,
and
after
that
by
twenty
shillings
,
and
Knight
Service
,
in
that
case
,
after
the
four
degrees
he
shall
neither
have
the
twenty
shillings
,
nor
the
Knight
Service
;
for
though
he
reserved
but
Fealty
until
the
four
degrees
were
past
,
yet
it
is
an
intire
reservation
presently
,
and
the
Services
be
in
him
although
they
be
not
to
be
performed
untill
the
four
degrees
be
past
,
and
seifin
of
Fealty
shall
be
a
Seifin
of
the
remnant
,
wherefore
being
the
Reversion
is
intire
,
that
is
the
reason
that
it
is
void
.
For
all
cannot
be
reserved
upon
the
gift
in
Frank-marriage
.
If
a
man
makes
a
Lease
to
two
,
Habendum
the
one
Moity
to
one
,
the
other
to
the
other
,
reserving
one
Hauk
,
or
a
Lease
pur
auter
vye
to
A.
and
a
Dean
and
Chapter
,
reserving
one
Hauk
,
or
if
the
Land
the
beginning
goeth
two
severall
ways
,
and
but
one
Hauk
,
is
reserved
,
he
shall
have
no
more
.
Reversion
.
IF
one
Acre
be
given
in
tail
,
which
is
holden
in
Socage
,
and
another
Acre
which
is
holden
in
Chivalry
,
saying
nothing
,
the
Donor
shall
have
severall
services
,
and
make
severall
Avowries
,
though
he
hath
an
intire
Reversion
;
for
the
Law
makes
the
Avowries
in
respect
of
the
Tenure
over
;
and
he
holds
the
reversion
of
one
Acre
of
one
,
and
of
the
other
Acre
of
another
,
and
they
shall
Escheat
severally
.
If
a
Reversion
be
granted
to
Tenant
for
life
and
a
stranger
in
Fee
,
the
Jointure
of
the
Fee
is
severed
;
for
the
Tenant
for
life
hath
a
Fee
simple
in
the
moity
vested
presently
,
but
if
the
Reversion
had
been
granted
to
Tenant
in
tail
and
a
stranger
,
there
the
Jointure
remains
.
But
if
the
Husband
be
Tenant
for
life
,
and
the
reversion
be
granted
to
him
and
his
wife
,
the
Fee
remains
in
Jointure
;
for
there
is
no
moities
between
them
.
A
Lease
is
made
for
the
lives
of
A.
and
B.
the
Lessee
makes
a
Lease
for
the
life
of
A.
only
,
he
hath
the
reversion
notwithstanding
the
Lease
;
for
he
hath
given
a
lesser
Estate
than
he
had
,
if
the
second
Lessee
dies
,
living
A.
an
Occupant
shall
have
it
,
but
others
think
the
contrary
;
for
he
had
not
before
but
one
Freehold
,
and
by
the
Lease
to
the
second
Lessee
he
hath
departed
with
the
Freehold
,
and
the
reversion
of
the
same
Freehold
cannot
be
in
him
.
But
if
a
Lease
is
made
to
me
for
the
life
of
A.
the
remainder
to
me
for
the
life
of
B.
and
I
make
a
Lease
for
the
life
of
A.
only
,
I
have
a
Reversion
for
the
life
of
B.
for
they
were
two
Estates
,
but
here
was
but
one
Estate
,
and
all
that
Grant
was
irrecoverable
if
A.
survived
,
then
the
possibility
of
the
surviving
of
A.
doth
not
make
a
reversion
in
the
first
Lessee
.
But
it
is
as
if
I
am
Lessee
for
the
life
of
C.
and
I
grant
my
Estate
upon
Condition
,
that
if
D.
dies
,
living
C.
that
I
shall
re-enter
.
I
have
no
Reversion
notwithstanding
this
Condition
;
for
if
the
Condition
be
sufficient
for
me
to
enter
upon
an
Occupant
.
Quaere
.
If
the
Bastard
endows
the
wife
of
the
common
Ancestor
.
Quaere
,
in
whom
the
reversion
shall
be
?
If
Tenant
for
life
surrenders
upon
Condition
,
and
the
Lessor
marries
,
and
dies
,
and
the
Wife
is
endowed
against
the
Heir
,
and
after
Tenant
for
life
enters
for
breach
of
the
Condition
,
and
not
by
the
Wife
,
and
no
default
in
the
Heir
,
yet
the
Wife
shall
not
have
the
reversion
of
the
Land
after
the
death
of
Tenant
for
life
:
for
the
Freehold
which
was
the
cause
of
her
Dower
was
taken
away
by
an
Eign
Title
.
If
a
Lease
be
made
for
life
,
reserving
a
Rent
,
and
the
reversion
is
granted
to
the
Lessee
for
his
own
life
,
the
Grant
is
void
,
and
he
shall
pay
the
rent
;
but
if
the
grant
of
the
Reversion
to
another
for
the
life
of
the
Lessee
,
that
had
been
good
;
for
he
shall
have
the
rent
and
take
a
Surrender
without
Livery
.
A
lease
is
made
to
A.
and
B.
fortheir
lives
,
and
after
the
Reversion
is
granted
to
C.
during
the
lives
of
A.
and
B.
they
make
partition
and
A.
dies
;
the
Question
is
,
if
the
first
Lessor
shall
have
his
part
after
his
death
,
or
C
?
some
think
the
Grant
of
the
reversion
was
good
;
for
if
the
Tenant
for
life
had
entred
into
Religion
C.
should
have
the
Land
,
Quaere
,
of
this
forreign
Intendment
;
but
if
the
Reversion
doth
passe
,
the
Rent
shall
passe
as
a
Rent
Service
.
And
if
the
first
Estate
had
been
upon
Condition
,
to
cease
,
C.
should
have
had
it
during
their
lives
,
then
it
seems
the
Partition
severs
the
Reversion
;
for
though
by
the
first
Grant
he
was
intitled
to
have
the
Reversion
so
long
as
either
of
them
lived
,
that
was
in
respect
of
the
Jointure
,
and
when
that
is
severed
,
so
is
the
reversion
,
so
that
the
first
Lessor
shall
have
it
after
the
death
of
Tenant
for
life
,
and
not
C.
Quaere
?
If
a
Lease
be
made
for
twenty
years
,
rendring
a
Rent
,
and
the
reversion
is
granted
for
ten
years
,
that
is
a
good
Grant
,
and
he
shall
distrain
for
the
Rent
,
Quod
nota
.
If
Husband
and
Wife
accept
a
Fine
,
Sur
conusans
de
Droit
come
ceo
&c.
of
the
Wives
Land
from
B.
and
they
render
it
to
him
in
tail
,
yet
the
Reversion
is
in
the
wife
only
;
for
the
Husband
had
nothing
but
by
reason
of
the
Coverture
.
If
the
Donor
confirm
the
Estate
of
the
Donee
in
tail
,
that
is
a
Grant
of
the
Reversion
in
Law.
A
Recovery
is
had
against
Tenant
for
life
upon
a
false
Oath
,
he
in
Reversion
dies
without
Heir
,
Tenant
for
life
brings
an
Attaint
,
and
reverseth
the
Judgement
:
To
whom
the
Reversion
is
recovered
,
is
the
Question
?
Vide
Remainder
.
Reviver
.
IF
the
Tenant
makes
a
Lease
for
years
to
the
Lord
,
and
he
makes
a
Lease
for
life
,
and
the
Tenant
enters
,
the
Seignory
is
revived
after
the
death
of
the
Tenant
for
life
,
notwithstanding
there
was
a
Disseisin
,
and
the
Lord
was
the
Disseisor
by
the
Statute
.
If
the
Tenant
enfeoffs
the
Lord
upon
Condition
,
and
enters
for
the
Condition
broken
,
the
Seignory
is
revived
.
But
if
the
Lord
grants
his
Seignory
in
Fee
to
one
who
hath
the
Tenancy
with
a
Condition
,
and
after
the
Feoffor
enters
for
the
Condition
broken
before
or
after
,
the
Seignory
is
gone
in
both
cases
.
If
the
Lessor
recovers
in
Wast
against
the
Lessee
for
life
,
who
comes
to
the
Seignory
after
the
Wast
committed
,
the
Seignory
shall
be
revived
:
but
otherwise
if
Wast
had
been
made
after
the
Seiguory
accrued
.
If
after
a
Dissent
the
Disseisor
comes
to
the
possession
again
,
the
Entry
of
the
Disseisee
is
revived
.
If
a
Bastard
dies
seised
,
leaving
Issue
,
who
endows
his
mother
,
the
Mulier
may
enter
;
for
the
Wife
is
endowed
by
an
Eign
Title
,
and
so
the
right
is
revived
.
If
a
Disseisee
enters
upon
a
Dissent
,
and
dies
seised
,
and
the
Heir
endows
his
Mother
,
the
Entry
of
him
who
was
in
by
Descent
is
revived
.
If
the
Tenant
enfeoffs
the
Heir
of
the
Lord
upon
Condition
,
the
Lord
dies
,
the
Condition
is
broken
,
the
Seignory
is
revived
.
If
the
Grantee
of
a
Rent
Charge
in
Fee
grants
to
one
,
that
if
he
pays
to
him
or
his
Executors
twenty
Shillings
by
such
a
day
,
that
he
shall
have
Rent
in
Fee
,
the
Grantee
dies
without
Heir
,
the
second
Grantee
pays
the
money
to
the
Executors
according
to
the
appointment
,
the
Rent
is
revived
.
A.
having
Common
Sans
number
in
tail
in
two
Acres
,
purchaseth
one
Acre
,
and
then
hath
Issue
,
and
dies
;
so
that
the
Common
in
one
Acre
desdescends
to
the
same
Issue
,
if
the
Common
shall
be
revived
in
the
other
?
If
the
Issue
had
recovered
one
Acre
against
the
Grantor
by
a
Title
before
the
Grant
,
there
it
shall
remain
in
the
other
Acre
;
for
then
it
is
as
if
but
one
Acre
had
been
charged
at
the
first
;
but
upon
a
Dissent
there
can
be
no
apporcionment
;
for
it
is
gone
and
suspended
for
all
,
or
revived
in
the
residue
for
all
;
for
Common
without
Number
is
intire
,
and
cannot
be
severed
,
but
Common
certain
may
be
apporcioned
upon
a
Dissent
.
If
the
Lord
disseises
his
Tenant
,
and
is
disseised
,
and
the
Tenant
enters
,
the
Seignory
is
revived
.
If
Tenant
for
life
aliens
in
Fee
to
the
Grantee
of
a
Rent
in
Fee
by
his
Lessor
,
and
the
Lessor
enters
for
a
forfeiture
,
the
Rent
is
revived
.
Seisin
.
LOrd
and
Tenant
,
the
Lord
having
a
Son
dies
,
the
Tenant
makes
a
Feoffment
,
the
Son
hath
Seisin
of
the
Rent
by
the
hands
of
the
Feoffee
;
if
this
Seisin
be
sufficient
for
the
Son
to
maintain
an
Assize
against
his
Disseisor
after
?
Severance
of
the
Jointure
.
IF
Two
Jointenants
make
a
Lease
for
life
,
and
after
one
grants
his
part
to
a
stranger
for
the
life
of
the
Lessee
,
some
think
it
is
a
severance
of
the
Jointure
.
If
two
Women
Jointenants
be
Mesnes
,
and
one
of
them
marries
the
Tenant
,
the
Moity
of
the
Mesnalty
is
suspended
,
and
the
Jointure
severed
.
Vide
Jointenants
.
Statutes
.
THe
Husband
is
bound
in
a
Statute
Merchant
,
&
after
he
and
the
Wife
levy
a
Fine
of
the
land
of
the
wife
to
A.
the
Husband
dies
,
the
Statute
shall
not
be
extended
in
the
hands
of
A.
for
nothing
thing
passed
from
the
Husband
but
the
Estate
which
he
had
during
the
Coverture
,
which
is
determined
by
his
death
;
and
A.
shall
have
the
same
benefit
which
the
Heir
of
A.
should
have
had
,
or
as
he
should
have
if
the
Wife
had
been
discovert
,
and
had
granted
it
;
for
it
is
lawfull
for
a
Fem
covert
to
grant
her
Estate
by
Fine
,
and
then
it
would
be
against
reason
,
that
the
Grantee
of
the
Wife
should
not
have
it
with
the
same
advantages
which
the
Wife
should
have
.
But
if
the
Land
had
been
in
Execution
,
then
it
had
been
unavoidable
,
because
it
had
been
executed
.
If
Tenant
for
life
and
he
in
reversion
levy
a
Fine
,
it
shall
be
lyable
to
the
statute
of
Tenant
for
life
during
his
life
only
,
and
never
shall
be
lyable
to
the
Statute
of
him
in
reversion
;
for
though
the
words
of
the
Fine
be
joint
,
yet
he
may
avoid
it
by
shewing
the
truth
of
the
matter
.
So
in
the
principall
case
he
may
shew
that
the
Estate
of
the
Husband
was
during
the
Coverture
only
.
If
the
Grantee
of
a
Rent
Charge
dies
without
Heir
,
the
Land
shall
be
bound
with
a
Statute
Merchant
entred
into
by
him
;
for
though
it
be
determined
,
yet
the
determination
shall
not
have
relation
;
for
if
the
Tenant
be
bound
in
a
statute
,
and
dies
without
Heir
,
it
shall
be
extended
against
the
Lord
by
Escheat
.
And
if
one
manumits
a
Villain
,
a
Statute
in
which
he
was
bound
shall
be
executed
upon
him
,
if
the
Writ
of
Execution
did
issue
out
against
him
before
.
Land
whereof
a
man
hath
onely
Seisin
in
Law
shall
be
lyable
to
a
Statute
.
The
Conisor
of
a
Statute
is
in
Execution
and
his
Land
also
,
the
Conisee
releaseth
to
him
all
his
Debts
,
the
Execution
it
discharged
;
for
the
Debt
remains
untill
it
be
levied
of
the
profits
.
If
the
Son
be
Tenant
in
tail
,
the
remainder
to
the
Father
in
Fee
,
the
Father
is
bound
in
a
Statute
,
and
dies
,
and
the
remainder
descends
upon
the
Son
,
he
aliens
in
Fee
,
or
suffers
a
Common
recovery
,
the
Land
is
lyable
to
the
Execution
presently
.
As
if
the
Lord
had
recovered
in
a
Cessavit
against
Tenant
in
tail
with
a
remainder
over
,
being
charged
,
the
Land
in
the
Lords
hand
shall
be
lyable
to
the
Statute
of
him
in
Remainder
presently
,
as
it
shall
be
to
the
Grant
of
a
Rent
by
him
,
though
as
a
remainder
it
was
not
lyable
.
Surrender
.
LEssee
for
forty
years
makes
a
Lease
for
ten
years
,
rendring
a
Rent
,
the
first
Lessee
surrenders
,
and
the
Lessor
brings
Debt
against
the
second
Lessee
.
Quaere
.
If
Lessee
for
years
makes
livery
,
as
Atturny
to
the
lessor
,
it
was
ruled
in
34
Eliz.
in
C
B.
to
be
no
surrender
.
Tenant
for
life
cannot
surrender
to
him
in
Remainder
for
years
;
for
he
hath
a
Freehold
in
possession
,
which
cannot
drown
in
a
Chattle
.
If
a
lease
be
made
to
commence
at
Easter
,
and
before
Easter
the
lessee
takes
another
lease
to
begin
presently
,
If
that
be
a
Surrender
?
Some
think
it
is
.
A
lease
is
made
for
ten
years
,
and
after
another
lease
is
made
to
begin
after
the
first
lease
determined
,
the
first
lessee
Surrenders
,
the
second
lessee
may
enter
,
otherwise
if
the
Reversion
had
been
granted
for
ten
years
.
A
lessee
cannot
make
an
Actual
surrender
before
Entry
.
If
a
lease
be
made
for
years
,
the
remainder
for
years
,
the
remainder
to
the
first
Lessee
in
Fee
,
he
in
remainder
may
surrender
to
him
,
and
yet
he
hath
nothing
in
possession
.
So
if
there
be
lessee
for
years
,
the
remainder
for
years
and
the
Fee
descends
to
the
first
Termor
,
he
in
remainder
may
surrender
If
A.
makes
a
Lease
for
years
to
B.
to
begin
at
Michaelmas
,
and
before
the
day
he
enfeoffs
B.
B.
dies
before
the
day
,
and
his
Son
enters
,
if
the
Executor
may
enter
upon
the
Heir
is
the
question
?
Tail.
A
dies
leaving
Issue
,
two
Daughters
,
Land
is
given
by
Deed
in
tail
to
the
youngest
,
and
to
the
Heirs
of
the
body
of
the
Father
begotten
,
and
she
hath
Issue
and
dies
,
and
the
Issue
brings
a
Formedon
against
the
Eldest
Daughter
:
the
question
is
what
Estate
the
Daughter
took
?
Tenant
in
tail
in
Vse
,
the
remainder
unto
his
right
Heirs
,
enters
upon
the
Feoffees
,
and
makes
a
Feoffment
,
and
takes
back
an
Estate
in
tail
,
the
remainder
to
his
right
Heirs
,
and
after
the
Stat.
of
27
H.
8.
is
made
,
and
he
dies
,
how
the
Issue
may
avoid
the
second
Estate
tail
,
and
take
the
first
is
the
question
?
It
seems
he
cannot
take
the
first
Estate
in
Tail
by
no
means
;
for
when
he
entered
upon
the
Feoffees
,
and
made
a
Feoffment
,
then
the
remainder
in
Fee
was
not
in
him
,
yet
by
his
Feoffment
a
Fee
simple
passed
not
determinable
by
his
death
,
but
defeasible
by
the
Entry
of
the
Feoffees
,
then
the
Fee
simple
must
needs
pass
being
he
had
the
Vse
to
his
right
Heirs
,
then
when
the
Stat.
of
27
H.
8.
was
made
,
the
Vse
not
being
in
Esse
,
but
the
right
of
an
Vse
,
the
possession
is
executed
according
to
the
right
of
the
Vse
,
and
then
when
he
dies
there
is
no
Remitter
to
the
Estate
;
for
that
was
not
in
Esse
.
A
Gift
in
tail
is
made
with
Warranty
accordingly
,
the
Donee
releaseth
the
Warranty
to
the
Donor
,
and
after
the
reversion
is
granted
,
and
the
Donee
atturns
.
If
the
Issue
in
tail
be
impleaded
he
shall
not
vouch
;
for
the
release
hath
extinguished
the
Warranty
for
ever
;
for
the
Statute
speaks
of
Tenements
,
and
a
Warranty
is
no
Tenement
,
but
a
Covenant
reall
which
is
extinguished
by
the
Release
,
As
if
an
Annuity
be
granted
in
tail
,
a
Release
of
the
Donor
extinguisheth
it
.
If
Tenant
in
tail
makes
a
Lease
to
begin
at
Easter
,
reserving
a
Rent
,
and
dies
,
and
the
Issue
in
tail
enters
,
and
makes
a
Feoffment
before
Eastar
,
the
Feoffee
cannot
avoid
the
lease
;
for
the
lease
was
not
avoided
by
the
Entry
of
the
Issue
.
A
lease
is
made
for
years
,
the
remainder
in
tail
,
he
in
Remainder
grants
it
over
in
Fee
,
the
Lessee
atturns
,
the
years
expire
,
the
Grantee
enters
,
and
dies
seised
,
Tenant
in
tail
dies
,
his
Issue
may
enter
;
for
the
Grant
was
not
but
for
the
life
of
Tenant
in
tail
,
and
then
he
did
not
die
seised
in
Fee
,
&
if
the
dying
seised
had
been
after
the
death
of
Tenant
in
tail
,
it
should
not
have
taken
away
his
Entry
.
Tamen
Quaere
.
But
if
the
Issue
of
the
Issue
of
the
Grantee
had
entered
,
and
died
seised
,
there
his
Entry
had
been
taken
away
,
and
if
Tenant
in
tail
enfeoffs
the
Donor
,
who
dies
seised
;
by
most
,
that
Dissent
will
take
away
the
Entry
of
the
Issue
.
Tenant
in
tail
makes
a
Feoffment
,
and
dies
,
the
Feoffee
makes
a
lease
for
life
,
and
grants
the
Reversion
to
the
Issue
,
he
shall
not
have
a
Formedon
against
Tenant
for
life
;
for
he
hath
assented
to
the
reversion
.
But
if
Tenant
in
tail
makes
a
lease
,
Pur
auter
vye
,
and
dies
notwithstanding
the
Dissent
in
Fee
of
the
reversion
,
the
Issue
shall
have
a
Formedon
;
for
the
Reversion
is
waived
by
using
the
Action
.
If
Donee
in
tail
to
him
and
his
Heirs
males
,
the
Remainder
to
him
and
the
Heirs
Females
of
his
body
,
makes
a
Lease
for
years
,
reserving
a
Rent
,
and
dies
without
Issue
Males
,
if
the
Heir
Female
accepts
the
Rent
she
shall
be
bound
;
for
the
Lease
was
derived
out
of
both
their
Estates
,
and
she
comes
in
by
descent
,
but
if
the
Heir
male
had
made
a
Lease
and
died
without
Issue
,
the
Heir
Female
cannot
make
that
good
by
acceptance
.
If
Tenant
in
tail
of
a
Seignory
,
to
which
a
Villain
is
regardant
,
makes
a
Lease
to
the
Villain
for
one
and
twenty
years
,
according
to
the
Statute
,
and
dies
within
the
Term
:
If
the
Issue
being
Remitted
to
the
Freehold
of
his
Villain
may
enter
into
the
Mannor
,
and
out
the
Villain
?
Tenant
in
tail
of
a
Seignory
purchaseth
the
Tenancy
,
and
before
the
Stat.
of
Quia
empto
makes
a
Feoffment
thereof
,
reserving
a
new
Rent
and
dies
,
having
Issue
,
the
Issue
of
necessity
ought
to
have
the
last
Seignory
;
for
that
suspends
the
first
.
As
if
the
Lord
being
Tenant
in
tail
purchaseth
the
Mesnalty
in
Fee
,
the
Issue
of
him
in
whom
both
are
suspended
)
cannot
distrain
for
the
Rent
of
the
Seignory
,
and
choose
to
have
that
by
descent
;
for
the
Mesnalty
by
descent
cast
upon
him
is
not
waivable
;
for
notwithstanding
any
act
that
he
can
do
to
wave
it
,
yet
the
Freehold
&
Fee
remains
in
him
before
which
another
hath
that
by
pernancy
,
but
it
seems
if
any
takes
it
before
the
Issue
makes
an
Act
to
shew
that
he
will
discent
to
it
,
then
he
may
distrain
for
the
Seignory
.
As
if
Tenant
in
tail
of
a
Seignory
purchaseth
the
Tenancy
and
dies
,
the
Issue
may
distrain
if
another
enters
into
the
Land
before
him
,
but
if
he
enters
,
and
after
another
enters
upon
hi●
he
cannot
distrain
after
.
Tenant
in
tail
,
the
remainder
to
his
own
right
Heirs
,
makes
a
Lease
to
the
Issue
within
age
,
upon
Condition
to
have
Fee
,
and
at
full
age
,
during
the
Term
he
performs
the
Condition
,
and
after
grants
a
Rent
Charge
,
and
the
Grantee
is
seised
,
and
disseised
,
and
brings
an
Assize
,
and
pending
that
Tenant
in
tail
dies
,
the
Assize
is
now
abated
by
the
Remitter
,
though
the
performance
of
the
Condition
was
at
full
age
;
for
the
contract
was
during
the
Minority
,
which
is
the
ground
,
and
the
Issue
shall
avoid
the
charge
.
The
Donor
disseiseth
Tenant
in
tail
and
dies
,
Tenant
in
tail
and
the
Heir
,
who
is
in
by
descent
make
a
Lease
to
the
Issue
within
age
for
life
,
the
remainder
in
Fee
:
Tenant
in
tail
dies
,
although
the
Issue
be
remitted
,
yet
the
Remainder
is
good
;
for
it
was
once
executed
,
and
the
remitter
comes
after
.
Tenants
in
Common
.
IF
the
Reversion
be
granted
to
Tenant
for
life
and
a
Stranger
in
Fee
,
the
Jointure
is
severed
;
for
the
Tenant
for
life
hath
the
Feesimple
in
the
Moity
executed
presently
.
But
if
the
reversion
be
granted
to
Tenant
in
tail
and
another
in
Fee
,
the
Jointure
in
the
Eee
remains
,
but
if
the
Husband
be
Tenant
for
life
,
and
the
reversion
is
granted
to
him
and
his
wife
,
the
Fee
remains
in
them
in
Jointure
;
for
there
are
no
Moities
between
them
.
If
a
Lease
be
made
to
two
,
Habendum
the
one
Moity
to
one
,
and
the
other
moity
to
the
other
for
life
,
and
after
a
Confirmation
is
made
to
them
and
their
Heirs
,
the
Jointure
of
the
Fee
is
severed
and
they
are
Tenants
in
common
thereofasthey
were
of
the
Frehold
;
for
a
confirmation
inures
according
to
the
nature
of
the
estate
on
which
it
inures
,
and
doth
not
alter
the
Estate
,
9
H.
6.9
.
But
if
the
Reversion
had
been
granted
to
them
in
Fee
they
had
been
Jointenants
of
the
Fee
presently
;
for
their
Fee
in
Jointure
drowns
their
severall
Estates
of
Freehold
.
But
if
there
be
Tenants
in
Common
for
life
,
and
two
Jointenants
of
the
Reversion
,
and
one
of
them
purchaseth
of
one
Tenant
for
life
his
Estate
,
and
the
other
of
the
other
,
the
Jointure
is
severed
;
for
when
one
of
them
purchased
the
Estate
of
one
Tenant
for
life
,
he
had
the
Moity
of
the
Fee
executed
to
the
Moity
of
the
Freehold
,
and
by
that
the
Jointure
was
presently
severed
,
but
in
the
other
case
they
come
to
the
Reversion
at
one
instant
,
and
that
is
the
diversity
.
Land
is
given
to
Baron
&
Fem
,
Habendum
the
one
moity
to
the
Husband
,
the
other
moity
to
the
Wife
,
and
after
the
Land
is
confirm'd
to
them
in
speciall
tail
,
reserving
a
Hauk
,
the
Donor
shall
have
two
Hauks
,
for
the
Husband
had
the
one
moity
of
the
Inheritance
,
because
his
possession
was
severed
from
the
possession
of
his
Wife
,
so
that
of
that
Moity
the
Husband
is
seised
in
his
own
right
in
speciall
tail
,
and
the
Wife
hath
nothing
in
it
.
Then
of
the
other
moity
whereof
the
Wife
was
Tenant
in
Common
with
her
Husband
,
the
Husband
is
seised
in
right
of
his
Wife
,
which
is
a
sufficient
Estate
,
whereupon
a
Confirmation
may
inure
.
If
Land
be
given
to
the
Husband
for
life
,
the
remainder
to
the
Wife
for
life
,
and
their
Estates
are
confirmed
in
tail
,
the
Husband
shall
have
one
moity
in
tail
only
,
and
he
and
his
Wife
the
other
moity
:
and
yet
the
Estate
tail
is
not
executed
for
any
part
.
Quaere
,
for
it
is
a
good
moot
case
.
If
Land
be
given
to
two
,
and
the
Heirs
of
their
bodies
begotten
,
and
the
Donor
confirms
the
Land
to
them
in
Fee
,
they
are
not
Jointenants
of
the
Fee
:
for
the
Estate
tail
was
executed
to
such
purpose
,
and
so
the
confirmation
inures
severally
.
If
Tenant
pur
auter
vye
be
of
a
Tenancy
,
and
the
Seignory
is
granted
to
him
and
another
in
Fee
,
the
Jointure
is
severed
presently
,
and
if
Cesty
que
vye
dies
,
yet
the
Seignory
is
not
in
Jointure
;
for
it
was
so
at
the
first
.
But
if
a
Seignory
is
granted
to
two
in
Fee
,
and
after
one
accepts
the
Tenancy
,
pur
auter
vye
,
and
Cesty
que
vye
dies
,
now
the
Jointure
remains
,
because
it
was
Joint
at
the
beginning
.
If
Land
be
given
to
A.
and
a
Dean
and
Chapter
,
and
his
Successors
,
and
Livery
is
made
to
A.
in
the
name
of
both
,
nothing
vests
in
the
Dean
because
they
take
it
severally
,
and
in
common
,
by
reason
of
their
severall
capacities
,
and
so
no
privity
between
them
;
for
a
Release
to
one
Tenant
in
common
will
not
inure
to
his
Companion
,
but
if
the
Discontinuee
in
tail
enfeoffs
the
Issue
in
tail
within
age
and
another
,
and
makes
Livery
to
the
Infant
in
both
their
names
,
though
the
Infant
shall
be
remitted
for
a
moity
,
yet
the
other
takes
a
moity
,
and
they
shall
be
Tenants
in
common
;
for
their
capacities
are
not
severall
,
but
they
take
severally
by
operation
of
the
Law
;
for
first
it
vests
,
and
then
he
is
remitted
.
Tenant
by
the
Curtesie
.
IF
there
be
Tenant
by
the
Curtesie
of
an
Advowson
,
and
he
in
reversion
is
presented
by
a
Stranger
,
his
Heir
shall
not
avoid
it
;
for
it
was
during
the
life
of
Tenant
by
the
Curtesie
,
and
he
shall
not
be
said
to
be
Tenant
for
life
,
and
the
stranger
has
gained
the
Patronage
,
and
he
was
not
but
an
Atturny
to
convey
it
to
him
.
If
the
Tenant
marries
the
Seignoresse
,
or
the
Seignoresse
takes
an
Estate
for
life
of
the
Tenancy
,
and
after
marries
,
the
Husband
shall
not
be
Tenant
by
the
Curtesie
;
for
the
Freehold
of
the
Tenancy
was
in
suspence
,
and
then
he
could
not
be
Tenant
by
the
Curtesie
of
such
a
Reversion
.
But
if
she
had
taken
an
Estate
for
years
,
or
the
Tenant
had
been
her
Ward
,
and
after
she
had
married
,
and
died
,
during
that
Estate
he
shall
be
Tenant
by
the
Curtesie
;
for
the
Freehold
was
not
in
suspence
,
but
the
possession
for
years
only
.
Land
is
given
to
two
Women
Quant
diu
simul
vixerint
,
the
remainder
to
the
right
Heirs
of
her
who
first
dies
,
one
of
them
takes
Husband
,
hath
Issue
,
and
dies
,
the
Husband
shall
not
be
Tenant
by
the
Curtesie
;
for
she
had
not
the
sole
possession
.
Tenant
by
the
Curtesie
of
a
Seignory
,
and
a
Tenancy
Escheats
,
and
he
makes
a
Feoffment
with
Warranty
of
it
.
If
that
shall
be
a
bar
to
the
Issue
without
Assetts
?
is
the
Question
.
If
one
hath
a
Son
which
is
a
Bastard
Eign
,
and
a
Daughter
Mulier
Puisne
,
and
dies
seised
of
a
Rent
,
the
Daughter
having
a
Husband
,
and
after
the
Bastard
gets
the
Rent
,
and
thereof
dies
seised
,
and
that
descends
unto
his
Issue
,
yet
the
Husband
shall
be
Tenant
by
the
Curtesie
;
for
the
Rent
was
in
Esse
(
at
the
time
of
the
Discent
)
in
the
Daughter
,
and
she
may
choose
whether
or
no
she
will
admit
her self
out
of
possession
.
Tenures
.
IF
there
be
Lord
,
Mesne
,
and
Tenant
,
the
Tenant
holds
by
four
pence
,
and
the
Mesne
by
twelve
pence
,
and
the
Tenant
makes
a
Gift
in
tail
,
saying
nothing
,
and
the
Reversion
Escheats
after
that
,
some
think
the
Donee
shall
hold
by
twelve
pence
,
so
if
the
Mesnalty
descends
to
the
Donor
,
the
Donee
shall
hold
by
twelve
pence
,
and
if
the
Mesne
had
released
to
the
Donor
,
the
Donee
shall
hold
by
twelve
pence
.
As
if
the
Tenant
had
made
a
gift
in
tail
,
the
remainder
in
fee
,
and
the
remainder
had
escheated
,
the
Donee
shall
hold
by
twelve
pence
;
for
the
first
Services
which
he
paid
,
and
the
first
Tenure
is
extinct
by
the
unity
of
the
remainder
to
the
Seignory
,
so
it
is
cleer
the
Mesnalty
is
extinct
,
viz.
the
four
pence
,
then
the
Donee
shall
hold
by
twelve
pence
,
and
it
is
all
one
as
if
the
Mesne
had
released
to
him
in
remainder
,
and
the
reason
in
the
principall
case
why
the
Tenure
of
the
Donee
shall
be
charged
,
is
,
because
the
Law
makes
the
Tenure
of
the
Donor
in
respect
of
the
Mesnalty
,
and
when
the
Mesnalty
is
extinct
,
the
Tenure
between
the
Donor
and
the
Donee
is
extinct
also
,
and
then
by
the
same
reason
that
theDonee
shall
take
advantage
,
if
the
Donor
by
release
or
Dissent
had
held
by
lesser
Services
,
he
shall
be
prejudiced
when
he
holds
by
greater
Services
.
And
some
think
if
the
Wife
of
the
Donee
in
tail
,
of
which
the
Law
makes
the
Tenure
be
endowed
,
and
after
the
Estate
is
extinct
,
she
shall
hold
by
Fealty
only
,
otherwise
if
the
Tenure
had
been
reserved
by
expresse
words
,
and
if
the
Wife
of
the
Tenant
be
endowed
,
and
after
the
reversion
Escheats
,
the
Wife
shall
hold
by
Fealty
only
.
If
the
Tenant
who
holds
by
four
pence
,
makes
a
Gift
in
Frankmarriage
,
and
after
the
Donor
dies
without
Heirs
,
so
that
the
reversion
is
held
by
twelve
pence
,
Quaere
,
how
the
Donees
shall
hold
?
whether
by
such
services
as
the
Donor
held
when
the
Gift
was
made
?
or
by
such
as
the
reversion
is
now
held
by
?
If
a
Gift
in
Frankmarriage
be
made
,
the
Donees
(
after
the
fourth
degree
)
shall
hold
as
the
Donor
holds
over
.
If
a
Gift
in
tail
be
made
,
rendring
two
pence
during
the
life
of
the
Father
of
the
Donee
,
during
his
life
the
Issue
shall
hold
by
the
Reservation
of
the
party
,
and
after
his
death
by
reservation
of
the
Law.
If
an
Encroachment
of
Services
be
made
upon
the
Husband
,
the
wife
endow'd
shall
not
be
contributory
,
and
yet
the
Heir
shall
not
avoid
it
.
A
man
hath
issue
two
Daughters
,
and
holds
Land
of
the
Eldest
by
Suit
and
a
Hawk
,
and
dies
,
the
Daughters
assign
a
third
part
to
the
mother
in
Dower
,
and
after
make
Partition
.
Tenant
in
Dower
shall
not
be
contributory
for
any
part
of
the
Services
;
for
the
reversion
remains
in
Parcenary
between
them
;
for
they
cannot
make
partition
thereof
,
and
then
the
whole
Seignory
is
in
suspence
.
And
yet
if
Land
holden
by
a
Hawk
descend
upon
the
Seignoresse
and
her
sister
,
and
they
make
Partition
,
the
Seignoresse
shall
have
the
Hawk
,
but
there
is
no
Suit
;
for
by
the
Statute
of
Marlebr
.
cap.
9.
the
Eldest
shall
perform
it
,
and
the
other
shall
be
contributory
,
then
if
she
be
Seignoress
she
cannot
do
it
her self
.
But
the
reason
in
the
principal
case
why
the
youngest
shall
not
be
charged
,
is
,
because
the
Seignory
is
in
suspence
,
&
it
cannot
be
in
Essc
for
another
parcel
.
The
Tenancy
,
being
a
Mannor
,
is
holden
by
twelve
pence
of
another
Mannor
,
which
is
the
Mesnalty
,
and
holden
by
six
pence
,
and
the
Mesne
enfeoffs
the
Tenant
of
the
Mannor
,
which
is
the
Mesnalty
,
now
he
shall
hold
both
the
Mannors
of
the
Lord
by
one
Joint
tenure
of
six
pence
,
and
the
Lord
shall
avow
upon
the
Tenant
,
because
the
two
Mannors
are
holden
of
him
by
six
pence
,
so
had
it
been
if
the
Tenancy
had
escheated
to
the
Mesnalty
,
and
the
one
Mannor
is
parcel
of
the
other
,
there
the
Tenancy
hath
not
lost
the
name
of
a
Mannor
;
for
the
Land
which
was
held
of
the
Tenancy
is
not
held
of
another
Mannor
which
was
the
Mesnalty
,
but
as
it
was
before
,
39
H.
6.
9.
b.
where
one
Mannor
may
be
parcel
of
another
.
If
the
Tenant
who
holds
by
one
Hauk
makes
a
Feofment
of
a
Moity
to
a
stranger
,
or
of
the
whole
to
a
Mayor
and
Commonalty
and
A.
now
the
Lord
Paramount
shall
have
two
Hawks
;
for
they
are
severall
Feofments
;
for
if
livery
had
bin
made
to
one
in
the
name
of
both
,
nothing
passeth
but
to
him
who
took
the
Livery
,
and
the
Lord
shall
be
compell'd
to
make
several
Avouries
,
which
proves
that
he
shall
have
severall
Hawks
.
If
the
Tenant
who
holds
by
two
severall
Hawks
makes
a
Gift
in
tail
to
two
several
persons
,
reserving
a
Rent
,
Habendum
the
one
Moity
to
one
,
and
the
other
Moity
to
the
other
,
so
that
they
have
severall
Estates
in
tail
,
the
Donor
shall
have
two
Hawks
;
for
the
Law
makes
the
Tenure
,
and
reservation
,
but
if
the
party
had
reserved
it
by
special
words
,
As
if
a
man
makes
a
Lease
,
Habendum
one
Moity
to
one
,
the
other
Moity
to
the
other
,
reserving
one
Hawk
,
or
makes
a
Lease
,
Pur
auter
vye
,
to
A.
and
to
a
Dean
and
Chapter
,
reserving
one
Hawk
,
and
the
Land
goes
two
severall
ways
,
and
he
does
reserve
but
one
Hawk
,
he
shall
not
have
more
than
he
reserved
.
If
a
Reversion
at
the
beginning
goes
severall
ways
,
yet
they
shall
not
have
more
than
is
reserved
,
if
it
were
special
reservation
by
the
party
.
Land
is
given
to
two
,
and
to
the
Heirs
of
their
two
bodies
begotten
,
the
remainder
to
their
right
Heirs
,
and
the
Land
before
was
holden
by
one
Hawk
,
the
Lord
shall
now
have
but
one
Hawk
,
and
yet
they
are
not
Jointenants
of
the
Fee
simple
,
but
there
is
no
apporcionment
by
Moities
,
but
if
a
Lease
be
made
for
life
of
two
Acres
,
the
remainder
in
Fee
of
one
to
A.
and
of
the
other
to
B.
there
he
shall
have
two
Hawks
.
Lord
,
Mesne
,
and
Tenant
,
the
Tenant
makes
a
Gift
in
tail
,
the
remainder
in
Fee
,
the
remainder
Escheats
,
upon
whom
the
Lord
shall
avow
,
and
of
whom
the
Donee
shall
hold
is
the
question
?
So
if
the
Tenant
makes
a
Gift
in
tail
to
the
Mesne
,
the
remainder
in
Fee
,
or
makes
a
Gift
in
tail
to
a
stranger
,
the
remainder
in
Fee
to
the
Mesne
,
how
the
Tenure
shall
be
now
is
the
Question
?
But
in
the
first
case
,
if
the
Mesne
had
released
to
him
in
remainder
,
or
to
the
Donee
in
tail
,
it
seems
the
Donee
ought
to
avow
upon
the
Donee
in
tail
,
and
that
the
Donee
shall
hold
immediately
of
the
Lord
Paramount
after
the
release
.
Quaere
,
if
there
be
any
difference
?
The
Tenant
who
holds
by
Homage
and
ten
shillings
Rent
,
makes
a
Lease
for
life
,
the
remainder
in
tail
,
not
speaking
of
any
reservation
,
the
Tenant
for
life
(
although
he
doth
not
hold
by
Homage
)
yet
he
shall
hold
by
Fcalty
and
ten
shillings
Rent
,
being
both
the
Estates
,
now
are
but
one
:
But
a
Gift
had
been
made
in
tail
,
the
remainder
for
life
,
after
the
Estate
tail
determined
,
the
Tenant
for
life
shall
not
hold
by
the
same
services
as
the
Donee
held
,
Causa
patet
.
If
there
be
two
Jointenants
,
and
to
the
Heirs
of
one
of
them
(
who
hold
,
ut
supra
)
make
a
Gift
in
tail
,
the
Donee
shall
hold
of
them
both
by
the
like
Services
,
and
yet
the
Freehold
is
no
cause
of
the
tenure
.
Quaere
,
for
some
say
that
he
that
hath
the
Fee
shall
have
the
whole
Tenure
;
for
the
Inheritance
passeth
only
from
him
.
If
Tenant
for
life
,
and
he
in
reversion
make
a
Gift
in
tail
,
Quaere
how
he
shall
hold
?
If
a
Lease
be
made
for
life
,
the
remainder
in
Frankmarriage
,
some
think
the
Tenant
for
life
shall
hold
by
Fealty
only
,
untill
the
fourth
degree
be
past
.
If
there
be
Lord
and
Tenant
by
Fealty
and
twenty
shillings
,
and
the
Tenant
gives
in
Frankmarriage
,
to
hold
of
him
and
his
Heirs
by
Fealty
only
until
the
fourth
degree
be
past
,
and
after
by
twenty
shillings
and
Chivalry
,
in
that
case
after
the
fourth
degree
be
past
,
he
shall
not
have
the
twenty
shillings
,
nor
the
Chivalry
;
for
though
he
reserved
but
Fealty
until
the
fourth
degree
be
past
,
yet
it
is
an
intire
reservation
presently
,
and
the
services
are
in
him
although
they
be
not
to
be
performed
untill
the
fourth
degree
be
past
,
and
Seisin
of
the
Fealty
shall
be
a
Seisin
of
the
rest
,
and
therefore
the
reservation
being
entire
,
that
is
the
reason
that
it
is
void
for
all
,
because
all
cannot
be
reserved
upon
the
Gift
in
Frankmarriage
.
Testament
.
IF
a
man
makes
severall
Wills
,
of
severall
dates
,
and
dies
,
and
the
Executor
of
the
last
Will
refuseth
before
the
Ordinary
,
yet
the
first
Will
is
clearly
defeated
,
and
yet
the
refusal
is
peremptory
:
but
it
is
not
so
if
there
be
two
Executors
,
and
one
refuseth
before
the
Ordinary
.
If
a
Fem
sole
makes
her
Will
,
and
then
marries
,
and
he
dies
.
Quaere
,
if
the
Will
be
revoked
.
Villain
.
IF
the
Lord
deviseth
Land
to
his
Villain
,
he
shall
be
enfranchised
against
the
Heir
,
and
yet
he
was
a
Villain
to
the
Heir
at
the
same
time
the
devise
took
effect
;
but
being
the
Lord
had
a
power
to
enfranchise
him
,
he
shall
be
enfranchised
.
As
if
one
delivers
an
Escrowl
of
Enfranchisement
to
be
delivered
seven
years
after
,
the
Lord
dies
,
and
then
the
Deed
is
delivered
to
the
Villain
,
it
is
a
good
enfranchisement
.
If
a
man
makes
a
Lease
for
life
,
the
remainder
to
the
right
Heirs
of
A.
who
hath
Issue
,
a
Son
who
is
a
Villain
by
Confession
to
the
Feoffor
,
and
the
Feoffor
dies
,
and
A.
dies
,
and
the
Tenant
for
life
dies
,
the
Son
of
A.
enters
,
he
shall
be
enfranchized
,
and
yet
he
was
not
enfranchized
in
the
life
of
the
Feoffor
,
but
now
he
shall
be
said
in
by
him
.
So
if
a
man
devise
that
his
Executors
shall
sell
his
Land
,
and
they
sell
it
to
the
Villain
of
the
Testator
,
he
shall
be
enfranchised
against
the
Heir
;
for
he
comes
in
in
the
Per
by
the
Testator
.
If
a
Fem
be
endowed
of
a
Villain
in
grosse
,
and
the
Tenant
in
Dower
and
the
Heir
enter
together
into
Land
purchased
by
the
Villain
.
Quaere
in
whom
the
Freehold
shall
be
.
So
if
he
had
been
a
Villain
to
an
Abbe
and
a
Secular
man
;
for
his
body
is
intire
to
every
of
them
.
And
if
the
Grantee
for
life
of
a
Villain
,
and
he
in
reversion
of
a
Villain
enter
together
into
Land
of
the
Villain
,
it
seems
that
Tenant
for
life
shall
gain
all
,
but
some
think
that
he
in
reversion
shall
disable
him
in
an
Action
.
If
Executors
have
a
Villain
that
the
Testator
had
,
and
enter
into
Land
purchased
by
the
Villain
,
it
shall
be
Assetts
notwithstanding
they
have
a
Fee
,
as
Land
in
Fee
descended
to
the
Heir
shall
be
assetts
to
a
Chattle
,
viz.
a
Debt
to
a
Stranger
.
And
the
reason
why
they
shall
have
it
to
the
use
of
the
Testator
is
,
because
they
had
it
in
auter
droit
,
and
so
it
shall
be
a
Perquisite
unto
the
same
right
.
So
if
a
Guardian
in
Socage
of
a
Mannor
to
which
a
Villain
is
regardant
,
enters
into
Land
purchased
by
the
Villain
,
it
shall
be
to
the
use
of
the
Infant
.
So
if
a
Bishop
enters
into
Land
purchased
by
a
Villain
,
which
he
hath
in
right
of
his
Church
,
the
Land
shall
be
to
the
same
use
,
so
is
42
E.
3.
24.
But
if
one
hath
a
Villain
for
years
in
his
own
right
,
he
shall
have
a
Fee
in
the
Land
purchased
by
the
Villain
.
It
was
said
if
a
man
be
intitled
to
be
Tenant
by
the
Curtesie
of
a
Villain
,
and
enters
into
Land
purchased
by
him
,
he
shall
be
seised
of
the
Land
to
his
own
use
,
and
not
in
right
of
his
Wife
,
because
he
hath
the
Villain
in
his
own
right
;
but
,
Quaere
,
if
he
were
not
intitled
to
be
Tenant
by
Curtesie
?
If
the
Lord
of
a
Villain
gives
Land
by
Fine
to
the
Villain
,
which
is
Land
of
Ancient
Demesne
,
the
Lord
reverseth
the
Fine
by
Disceit
,
some
think
the
Manumission
is
destroyed
;
for
it
doth
not
appear
upon
Record
;
otherwise
if
he
enfeoffs
his
Villain
upon
Condition
,
and
enters
for
the
breach
.
And
if
a
Villain
acknowledges
an
Action
brought
by
Baron
&
Fem
,
that
is
no
Enfranchisement
against
the
Fem
;
for
it
is
but
an
Enfranchisement
in
Law
upon
which
she
is
not
examined
.
The
Tenant
enfeoffs
the
Villain
of
the
Lord
and
a
Stranger
,
upon
Collusion
,
the
matter
is
how
the
Lord
may
obtain
the
Ward
without
Dammages
?
For
if
he
brings
a
Writ
of
Ward
,
the
Villain
shall
be
manumitted
,
and
if
he
enters
upon
the
Villain
he
avoids
the
Collusion
for
ever
,
and
shall
retain
the
Land
,
but
then
he
shall
be
Tenant
in
Common
with
the
other
,
and
so
he
can
have
no
Writ
of
Ward
for
the
other
Moity
.
If
Tenant
in
tail
of
a
Mannor
to
which
a
Villain
is
regardant
makes
a
Lease
for
one
and
twenty
years
to
the
Villain
,
rendring
a
Rent
according
to
the
statute
,
and
dies
within
the
term
,
if
the
Issue
being
remitted
to
the
Freehold
of
the
Villain
may
enter
into
the
Mannor
and
out
the
Villain
?
Upon
a
plea
in
Bar
of
an
Assize
the
parties
are
adjourned
,
and
after
the
Tenant
pleads
a
Release
made
after
the
Darrein
Continuance
,
bearing
date
in
a
forreign
County
,
and
after
at
the
Venire
fac
.
return'd
,
the
Tenant
pleads
that
after
the
Darrein
Continuance
he
hath
purchased
the
Mannor
to
which
the
Plaintiffe
is
a
Villain
,
he
shall
not
have
this
plea
;
for
he
shall
not
delay
the
Plaintiff
by
his
plea
,
but
once
,
where
the
matter
of
fact
happens
de
puisne
temps
;
for
he
is
at
no
mischeif
if
his
plea
be
true
:
But
in
shewing
a
Record
after
he
shall
plead
it
if
it
be
in
the
same
Court.
And
here
the
Villain
shall
not
be
enfranchized
;
for
the
Plea
was
pleaded
before
,
which
now
he
ought
to
maintain
:
but
if
he
answers
his
Villain
de
Novo
,
that
is
an
Enfranchisement
.
Voucher
.
THe
youngest
son
of
an
Abator
hath
Land
by
descent
by
the
custom
of
Borough
English
,
or
by
reason
of
an
Estate
tail
made
to
his
Father
and
a
second
Wife
,
in
a
Mortdancester
brought
against
him
he
shall
vouch
,
notwithstanding
the
Counterplea
given
by
the
Statute
;
for
the
Statute
extends
but
to
Heirs
at
common
Law
;
and
therefore
if
an
Abator
hath
Issue
,
two
Daughters
,
and
makes
a
Feoffment
and
dies
,
and
one
of
them
takes
a
Feofment
,
and
an
Assize
is
brought
against
her
,
she
shall
vouch
;
for
she
is
not
sole
Heir
:
but
if
she
had
been
sole
Heir
,
then
cleerly
she
shall
not
vouch
,
though
she
doth
not
come
to
it
as
Heir
.
And
if
an
Abator
and
a
stranger
being
Tenants
in
a
Mortdancester
,
vouch
,
they
shall
have
the
Voucher
.
If
Feoffee
with
Waranty
to
him
,
his
Heirs
and
Assigns
makes
a
Lease
for
life
,
the
Tenant
for
life
in
a
plea
vouches
the
first
Feoffor
,
and
recovers
in
value
Land
held
of
the
Feoffee
,
if
the
Feoffee
shall
have
his
Seignory
?
For
if
the
Reversion
of
the
Land
recovered
be
in
the
Feoffee
,
then
he
shall
not
avow
,
and
if
he
shall
not
.
Quaere
,
if
Lessee
for
life
shall
vouch
as
Assignee
,
being
that
he
hath
not
all
the
Estate
;
And
it
is
cleer
if
the
Feoffee
had
made
a
Lease
for
life
,
the
remainder
in
Fee
,
the
Lessee
shall
vouch
as
Assignee
,
and
if
he
recovers
in
value
,
the
remainder
shall
be
in
him
in
whom
it
was
before
.
28
Ass
.
p.
18.
11
Ass
.
p.
3.
If
the
younger
brother
and
a
Stranger
abate
,
and
the
Stranger
dies
,
now
a
Mortdancester
doth
not
lie
;
or
if
an
Abator
makes
a
Feoffment
,
and
retakes
an
Estate
to
himself
and
another
,
and
the
other
dies
,
the
Voucher
does
not
lie
for
him
;
and
yet
before
,
an
Assize
of
Mortdancester
and
Voucher
did
lie
.
If
a
Feoffment
be
made
with
Warranty
to
one
,
his
Heirs
and
Assigns
,
the
Feoffee
makes
a
Feoffment
over
,
the
second
Feoffee
enfeoffs
the
Son
of
the
first
Feoffee
,
he
shall
vouch
;
for
he
may
be
Assignee
of
his
Father
,
being
he
does
not
come
in
as
Heir
.
Lord
by
Escheat
,
Mortmain
,
or
of
a
Villain
,
&c.
shall
not
be
said
Assignees
.
Land
is
given
to
Husband
and
Wife
,
and
to
the
Heirs
of
the
Husband
,
he
makes
a
Feoffment
with
Warranty
and
dies
,
the
Wife
brings
her
Cui
in
vita
,
the
Feoffee
vouches
and
recovers
in
value
by
reason
of
the
Warranty
,
after
the
death
of
the
Wife
he
shall
vouch
again
by
reason
of
the
Warranty
aforesaid
.
So
if
a
Woman
brings
a
Writ
of
Dower
,
and
the
Feoffee
vouches
by
reason
of
the
Warranty
,
he
shall
vouch
again
after
the
death
of
the
Wife
,
because
the
Voucher
and
Recovery
in
value
was
onely
in
respect
of
the
Freehold
;
but
if
he
had
once
recovered
in
value
of
the
Fee
,
he
should
never
vouch
again
by
reason
of
the
first
Warranty
;
for
he
hath
the
effect
of
it
,
and
also
the
Warranty
is
gone
with
the
Estate
.
But
if
Tenant
in
Frankmarriage
recovers
in
value
,
he
shall
vouch
again
;
but
it
is
otherwise
of
Tenant
for
life
.
If
Tenant
in
tail
,
to
him
and
his
Heirs
Females
,
the
remainder
to
him
in
Fee
,
makes
a
Feoffment
with
Warranty
and
dies
,
the
Heir
Female
recovers
,
and
the
Feoffee
recovers
over
in
value
,
he
shall
vouch
again
after
the
Estate
tail
is
spent
by
reason
of
the
first
Warranty
.
If
the
Tenant
vouches
,
and
at
the
Sequat
.
sub
suo
periculo
the
Tenant
and
the
Vouchee
make
Default
,
whereupon
the
Demandant
hath
Judgement
to
recover
against
the
Tenant
,
and
after
he
brings
a
Seire
fac
.
against
the
Tenant
to
execute
the
Judgement
,
if
the
Tenant
shall
have
a
Warrantia
Chartae
against
the
Vouchee
?
But
if
a
stranger
brings
a
Praecipe
quod
reddat
against
the
Tenant
,
some
think
that
he
shall
vouch
;
for
by
the
first
Voucher
and
the
Judgement
given
against
the
Tenant
the
Warranty
was
not
defeated
,
nor
the
possession
of
the
Tenant
;
but
if
the
Tenant
had
judgement
to
recover
in
value
against
the
Vouchee
,
he
shall
never
vouch
again
by
reason
of
this
warranty
:
for
the
warranty
hath
lost
its
force
,
being
he
had
Judgement
to
recover
in
value
by
reason
of
it
;
for
if
he
should
recover
again
,
he
should
have
2
Recoveries
upon
one
warranty
.
It
was
holden
cleerly
,
that
if
the
tenant
hath
Judgment
against
the
Vouchee
,
he
shall
recover
no
land
in
value
,
but
that
the
Vouchee
had
at
the
time
of
the
Judgment
.
And
note
upon
a
Summoneas
ad
Warrantizand
.
if
the
Sheriff
returns
the
Vouchee
warned
,
and
he
makes
default
,
the
Tenant
shall
have
a
Cap.
ad
val
.
and
recover
in
value
,
but
if
he
returns
,
that
he
hath
nothing
,
then
after
the
Sicut
alias
,
&
pluries
,
a
Sequatur
sub
suo
periculo
shall
issue
,
and
there
if
the
Vouchee
makes
default
he
shall
not
have
Judgement
to
recover
in
value
;
for
the
Warranty
is
not
confessed
,
and
it
is
uncertain
whether
he
had
any
thing
,
but
in
the
Cap.
ad
val
.
it
appears
that
he
has
Assetts
.
A.
seised
of
two
Acres
at
Common
Law
,
and
one
in
Borough
English
,
and
makes
a
Gift
in
tail
to
a
Stranger
of
one
of
the
two
Acres
,
and
dies
,
the
Donee
,
is
impleaded
,
and
vouches
the
eldest
Son
,
and
recovers
in
value
the
other
Acre
out
of
his
possession
(
as
he
shall
do
in
this
case
,
being
he
vouches
him
alone
,
and
not
the
youngest
,
where
the
eldest
hath
assetts
)
the
question
is
if
he
be
impleaded
for
that
Acre
he
hath
recovered
,
if
he
shall
vouch
the
eldest
and
the
youngest
?
If
that
Acre
in
Borough
English
shall
be
lyable
by
reason
of
the
said
Warranty
in
Law
,
being
it
is
not
the
Warranty
which
descends
,
but
the
Warranty
in
Law
commenceth
first
in
the
Eldest
Son
;
for
the
Recovery
in
value
shall
be
said
in
lieu
of
the
first
Land
given
,
yet
it
is
always
to
be
intended
(
having
regard
to
the
estate
of
the
Reversion
descended
from
the
Father
)
the
Reversion
left
in
the
Eldest
Son
,
and
then
the
Acre
of
the
youngest
is
not
lyable
to
that
Warranty
.
So
if
the
Father
had
given
a
Seignory
to
the
Eldest
Son
in
tail
,
and
died
seised
of
Land
in
Borough
English
,
which
descended
to
the
youngest
Son
,
and
after
the
Tenancy
escheats
,
the
Eldest
being
impleaded
vouches
himself
to
save
the
Intail
;
but
if
the
Land
of
the
youngest
shall
be
lyable
,
is
the
question
?
Lessee
for
life
,
the
remainder
to
the
right
Heirs
of
A.
who
is
dead
,
having
a
Daughter
,
his
Wife
enseint
with
a
Son
,
the
Lessor
warrants
the
Land
in
forma
praedicta
,
the
Son
is
born
,
the
Daughter
cannot
vouch
by
reason
of
the
Warranty
;
for
the
Warranty
is
a
thing
executory
which
cannot
be
deraigned
,
but
by
the
right
Heirs
of
A.
For
if
a
Feoffment
be
made
to
the
Son
with
Warranty
,
and
he
dies
without
Issue
,
and
the
Land
comes
from
the
Unkle
to
the
Father
,
he
cannot
take
advantage
of
this
Warranty
as
Heir
to
his
Son
;
so
if
Possessio
Fratris
makes
the
Sister
Heir
,
she
shall
not
vouch
,
35
H.
6.
34.
Danby
;
but
he
shall
be
voucht
as
Heir
for
the
possession
,
so
shall
the
Father
,
so
shall
the
youngest
Son
in
Borough
English
,
but
shall
not
vouch
,
Vide
Fitzh
.
Voucher
94.
35
H.
6.
33.
If
Land
be
given
to
two
brothers
in
Fee
with
Warranty
to
the
eldest
,
the
eldest
dies
having
Issue
,
and
the
youngest
dies
without
Issue
,
the
Issue
of
the
Eldest
being
his
Heir
,
and
he
enters
,
he
shall
not
take
advantage
of
this
Warranty
by
Voucher
or
Rebutter
;
for
the
Warranty
was
void
,
having
regard
to
the
Survivor
,
because
his
Title
hath
relation
before
the
Warranty
.
If
the
Eldest
Son
is
voucht
as
Heir
to
the
Warranty
,
and
the
youngest
as
Heir
in
Borough
English
,
and
the
Eldest
voucheth
over
,
if
the
Eldest
or
the
youngest
shall
have
the
Recompence
in
value
?
It
would
be
unreasonable
,
that
the
eldest
should
have
it
,
for
he
lost
nothing
,
for
by
the
law
the
tenant
cannot
sue
Execution
against
the
Vouchee
,
untill
the
demandant
,
hath
sued
execution
against
him
,
and
in
this
Case
execution
was
never
sued
against
the
Eldest
,
for
he
hath
no
land
,
and
the
youngest
hath
not
the
warranty
by
descent
,
(
though
he
hath
the
land
)
and
so
he
cannot
vouch
,
and
therefore
it
is
hard
he
should
be
bard
by
it
.
Wast
.
LAnd
is
given
to
Baron
&
Fem
,
and
to
a
third
person
,
the
third
person
releaseth
the
Fem
all
his
right
,
and
the
Baron
&
Fem
makes
a
Lease
of
the
whole
for
yeares
,
and
brings
a
writ
of
Wast
against
the
Lessee
.
The
Lessee
is
not
punishable
in
Wast
if
a
house
falls
that
was
ruinous
at
the
time
of
the
demise
,
and
he
may
cut
Trees
to
repair
it
,
so
he
may
do
if
the
Lessor
covenants
to
repair
it
,
vid.
12
,
H.
8.
1.
If
a
house
with
land
is
let
,
upon
which
is
a
Wood
without
impeachment
of
wast
for
the
house
,
yet
if
the
house
becomes
ruinous
,
he
may
cut
timber
for
the
reparation
,
and
a
Lessee
may
take
timber
for
fier-boot
,
if
there
be
no
other
wood
.
quod
vid.
21.
H.
6.
47.
If
a
man
makes
a
lease
upon
condition
,
or
that
the
Lessee
is
bound
in
an
obligation
not
to
do
wast
,
and
that
his
estate
shall
cease
:
If
a
Stranger
commits
Wast
,
that
is
no
forfeiture
of
the
Lease
,
for
the
condition
extends
only
to
the
person
of
the
Lessee
.
vid.
3.
H.
6.
17.
But
if
a
stranger
commits
Wast
upon
the
Lessee
for
years
,
or
Guardian
in
Chivalry
,
they
shal
render
treble
and
shall
lose
the
ward
,
but
Guardian
in
Socage
shall
not
be
punisht
for
wast
of
a
stranger
,
for
the
heir
himself
shall
have
an
action
.
If
a
Lease
is
made
for
life
,
the
Lessor
dies
having
two
Sons
by
divers
venters
,
the
eldest
grants
to
the
Lessee
that
he
shall
be
dispunisht
of
wast
,
yet
that
shall
not
bind
the
youngest
,
for
he
does
not
claim
as
heir
to
his
brother
,
but
as
an
heir
to
his
father
,
who
was
last
actually
seised
.
Fem
tenant
for
life
,
the
remainder
for
years
to
I.
S.
who
marries
with
the
Fem
,
and
Commits
wast
.
quaere
,
if
the
land
be
lost
?
If
tenant
for
life
makes
a
lease
for
years
,
and
after
enters
upon
the
termor
,
and
commits
wast
,
and
the
Lessor
recovers
,
the
Lessee
shall
lose
his
term
.
A
man
shall
not
be
punished
for
comming
on
the
land
to
see
if
wast
be
committed
.
The
heir
makes
a
Lease
for
years
,
wast
is
committeed
,
the
wife
recovers
in
Dower
,
the
heir
shall
have
an
action
of
wast
in
the
tenuit
.
A
man
makes
a
lease
for
twenty
yeares
without
impeachment
of
Wast
,
and
the
Lessor
confirmes
for
forty
years
,
the
Lessee
shall
be
dispunisht
for
twenty
years
A
man
makes
a
lease
rendring
rent
on
condition
,
that
if
the
rent
be
behind
,
that
the
Lessor
shall
reenter
and
retain
until
he
be
satisfied
the
rent
out
of
the
profits
,
the
Lessor
doth
enter
and
a
stranger
commits
wast
,
and
then
the
Lessor
is
satisfied
of
the
rent
,
if
the
wast
be
punishable
.
If
one
doth
devise
his
lands
which
he
hath
for
years
and
dies
,
the
Executors
commits
wast
,
and
then
agree
to
the
devise
,
an
action
of
wast
lies
against
them
,
notwithstanding
the
relation
;
So
if
Lessee
for
years
grants
his
term
upon
condition
,
and
the
grantee
commits
wast
,
and
the
Lessee
for
years
enter
for
the
condition
broken
,
yet
wast
lies
against
the
grantee
.
Where
a
man
hath
election
to
take
two
estates
,
his
committing
of
wast
will
be
a
determination
of
his
election
.
If
there
be
Lessee
for
life
,
the
remainder
for
life
,
and
the
Lessor
grants
the
reversion
to
him
in
remainder
,
quaere
,
if
he
shall
have
an
action
of
wast
?
If
Tenant
for
life
makes
a
lease
for
years
,
and
enters
and
commits
wast
,
the
tenant
for
yeares
leases
his
term
,
wast
by
the
assignee
of
an
infant
or
fem
Covert
shall
take
away
the
special
right
of
Infancy
Coverture
or
condition
,
but
otherwise
if
it
had
it
been
made
by
themselves
.
Warranty
.
GRandfather
Father
and
Son
,
the
Grandfather
makes
a
lease
of
an
Acre
for
life
,
and
dies
,
the
Father
being
tenant
in
taile
,
discontinues
it
in
Fee
with
warranty
,
and
dies
,
the
tenant
for
life
dies
,
the
Son
enters
into
the
Acre
after
his
death
,
and
brings
a
Formedon
,
the
warranty
of
the
Father
with
this
Assets
seemes
no
barr
.
The
discontinuee
of
a
tenant
in
tail
makes
a
Feofment
on
condition
,
and
a
warranty
collateral
is
made
to
the
Feoffee
of
the
discontinuee
,
the
discontinuee
enters
for
the
condition
bro
ken
,
the
issue
hath
no
remedy
against
him
.
If
a
Collaterall
Warranty
descends
within
a
year
upon
him
that
hath
Title
to
enter
for
Mortmain
,
he
cannot
enter
after
;
for
if
he
himself
had
re
leased
he
could
not
have
entred
,
and
the
Warranty
will
bind
him
as
well
as
his
Release
:
but
Quaere
,
if
a
collaterall
Warranty
extends
to
a
Title
of
Entry
?
If
a
man
devises
Land
with
Warranty
,
that
is
void
;
because
the
Father
himself
was
not
bound
.
A
Warranty
made
to
a
Disseisor
is
not
destroyed
by
the
Release
of
the
Disseisee
.
A
Collateral
Warranty
shall
not
bar
Execution
of
a
Recovery
in
value
;
for
it
is
but
a
Title
,
to
which
a
Warranty
does
not
ex●end
no
more
than
to
bar
a
Title
of
Entry
;
for
consent
to
a
Ravisher
or
Mortmain
,
also
Conditions
and
Titles
are
always
said
to
be
in
possession
as
a
Rent
is
,
and
then
a
Warranty
to
the
Tenant
of
the
Land
will
not
extinguish
them
.
Lord
by
Escheat
shall
not
vouch
by
reason
of
a
Warranty
,
if
a
Seignory
be
granted
with
Warranty
,
and
a
Tenancy
Escheat
,
the
Warranty
shall
not
extend
to
it
.
Vide
Fitzh
.
18.
Voucher
.
Father
and
Son
and
a
third
person
are
Jointenants
,
the
Father
makes
a
Feofment
of
all
with
Warranty
,
and
dies
,
the
Son
dies
,
the
third
shall
have
an
Assize
of
but
one
part
by
some
,
and
yet
the
warranty
commences
by
Disseisin
,
as
to
the
Son
,
but
yet
the
Survivor
cannot
deny
but
that
this
Warranty
is
collaterall
;
for
he
comes
not
under
the
estate
of
the
other
.
If
a
Lease
be
made
for
years
to
the
Grandfather
,
remainder
to
the
Father
for
life
,
remainder
to
the
Son
in
Fee
,
the
Grandfather
enfeoffs
with
Warranty
,
it
comences
by
disseisin
to
theFather
,
and
collateral
to
theSon
;
for
the
Feofment
was
not
a
disseisin
to
the
son
.
If
the
Father
be
Lessee
for
years
,
remainder
for
life
to
the
son
,
remainder
over
for
life
,
remainder
in
Fee
to
the
Son
,
the
Father
enfeofs
with
Warranty
,
it
comences
by
disseisin
as
to
the
son
for
theFreehold
,
but
for
the
Fec
t
is
collateral
.
Quaere
by
some
in
all
cases
every
man
shal
a
void
a
Warrantywhich
comences
by
disseisin
.
vid.
Fitz.
War.
28.
If
a
Lease
for
life
be
made
,
remainder
for
years
with
Warranty
.
Quaere
,
if
this
Warranty
will
benefit
him
in
remainder
,
being
the
precedent
estate
is
of
another
nature
.
If
a
man
makes
a
Lease
for
life
on
Condition
that
if
the
Lessee
doth
such
an
act
,
that
the
Lessee
shall
have
Fee
,
and
warrants
the
Land
in
forma
,
praedicta
,
that
Warranty
extends
to
the
Fee
,
but
if
the
Feoffor
dies
,
and
then
the
Condition
is
performed
,
then
if
it
be
available
is
the
Question
?
being
the
Lessor
was
not
bound
to
Warranty
during
his
life
,
and
then
the
Warranty
which
was
annext
to
the
Freehold
is
gone
;
for
the
greater
estate
drowns
the
lesser
.
And
to
provethat
the
greater
drowns
the
Warranty
,
it
was
said
if
Tenant
in
tail
be
with
Warranty
to
him
,
his
Heirs
and
Assigns
,
hisFeofee
in
Fee
shall
not
besaid
assignee
,
nor
vouch
,
because
he
hath
not
any
part
of
the
Estate
tail
.
It
was
also
said
,
that
if
the
condition
had
been
performed
in
the
life
of
the
Lessor
,
that
the
Warranty
would
not
extend
to
it
;
for
it
must
be
annext
to
something
in
possession
.
But
some
take
a
difference
,
that
if
in
the
first
case
the
firstLease
had
been
for
years
,
that
the
Warrantycould
not
extend
to
the
remainder
,
because
the
first
estate
was
but
for
years
,
and
of
another
nature
,
but
it
would
be
otherwise
in
a
Lease
for
life
.
And
it
was
said
if
a
Lease
for
years
be
made
,
remainder
in
Fee
with
Warranty
,
he
in
remainder
can't
take
advantage
of
the
Warranty
,
because
he
Was
not
privy
to
the
first
deed
,
and
thenhe
cannot
take
as
an
immediate
Warranty
,
because
the
first
Estate
was
of
another
nature
,
a
reversion
descends
to
Barow
&
Fem
Lessees
for
life
as
to
the
Issues
of
two
parceners
,
theHusband
dies
,
thewife
shall
have
the
wholeFreehold
asSurvivor
,
and
the
Fee
shall
be
executed
for
a
moity
,
because
the
other
moity
goes
another
way
,
sc
.
to
the
Heirs
of
the
Husband
,
and
he
shall
dereign
the
Warranty
annexed
in
Fait
to
the
first
estate
for
the
moity
,
and
not
for
the
other
moity
,
because
the
Fee
is
executed
.
If
Land
be
bargained
&
sold
by
Indenture
in
Fee
with
warranty
,
&
the
Indenture
is
delivered
,
and
after
inrolled
within
six
months
,
if
he
shall
vouch
,
Quaere
,
because
the
nature
of
a
Covenant
is
,
that
it
ought
to
take
effect
presently
by
the
delivery
of
the
deed
,
and
then
the
Warranty
was
void
,
because
the
Land
did
not
pass
at
that
instant
,
and
though
the
Inrollment
makes
it
to
pass
ab
initio
,
yet
the
relation
shall
not
make
a
void
Warranty
good
.
To
which
it
was
said
,
if
one
makes
a
Feofment
with
a
Letter
of
Atturny
,
and
warranty
is
in
the
deed
,
by
the
delivery
the
Warranty
shall
be
good
,
and
yet
the
deed
was
delivered
before
.
If
a
gift
in
tail
be
made
with
warranty
to
a
man
,
his
Heirs
and
Assigns
,
and
he
makes
a
Feofment
and
dies
,
with
Issue
in
a
Formedon
in
Reverter
,
the
warranty
shall
not
be
a
bar
,
not
with
standing
the
book
of
the
39
&
45
E.
3.
4.
If
the
Lord
confirms
the
estate
of
the
Tenant
with
warranty
,
and
after
the
Tenant
ceases
,
the
warranty
shall
not
be
a
bar
in
a
Cessavit
,
notwithstanding
the
Seignory
which
was
in
Esse
before
the
warranty
made
was
the
conveyance
to
his
action
,
because
the
action
a
rises
upon
an
after
cause
.
Tenant
by
the
curtesie
of
a
Seignory
whereof
a
Tenancy
escheat
make
a
Feofment
with
warranty
,
if
it
shall
be
a
bar
to
the
Issue
without
Assets
?
Quaere
.
A
Fem
which
hath
a
Rent
Charge
in
Fee
marries
with
the
Tenant
of
the
Land
,
a
stranger
release
to
the
Tenant
with
warranty
,
the
warranty
can't
extend
to
the
Rent
,
because
theRent
was
suspended
by
act
in
Law
,
and
the
wife
if
the
Husband
dies
,
nor
the
Heir
of
the
wife
,
living
the
Husband
,
cannot
have
any
action
for
the
rent
upon
a
Title
before
the
warranty
made
;
for
if
theHeir
of
the
wife
brings
a
Mortdancester
,
that
is
de
puisne
temps
,
and
after
the
warranty
;
so
if
the
Grantee
of
a
rent
grant
it
on
condition
to
the
Tenant
,
who
makes
aFeofment
of
the
Land
with
warranty
,
thatwarranty
can't
extend
to
the
rent
and
yet
theLand
was
discharg'd
of
the
rent
;
but
all
the
actions
shall
be
took
as
the
cause
of
action
arises
afterward
;
for
if
the
condition
be
broken
,
and
after
an
action
be
given
,
that
shall
arise
after
the
warranty
made
:
but
if
a
Fem
which
hath
a
rent
marries
with
the
Tenant
,
who
makes
a
Feoffment
of
the
Land
with
warranty
and
dies
,
and
the
wife
brings
a
Cui
in
vita
of
the
rent
,
there
the
Feoffee
shall
vouch
as
of
Land
discharged
.
So
if
Tenant
in
tail
of
a
rent
purchases
the
Land
,
and
makes
a
Feofment
,
and
the
Feoffee
aliens
with
warranty
,
or
if
Tenant
in
tail
of
a
rent
releases
to
the
ter
Tenant
who
aliens
over
with
Warranty
,
if
the
Issue
brings
a
Formedon
he
shall
vouch
as
of
Land
discharged
.
So
if
an
Infant
hath
a
rent
,
and
disseises
the
Tenant
,
and
is
disseised
by
another
,
who
aliens
with
warranty
,
that
warranty
shall
extend
to
the
rent
,
because
in
all
these
cases
the
Land
is
discharg'd
of
the
rent
at
the
time
of
the
Feofment
in
Fee
;
and
the
action
is
conceived
upon
a
Title
Paramount
to
the
warranty
.
But
if
a
man
grants
a
Rent
Charge
out
of
Land
to
commence
at
Mich.
and
the
Tenant
makes
a
Feoffment
with
warranty
,
or
if
a
rescous
be
made
,
and
after
the
Tenant
makes
a
Feofment
of
the
Land
with
warranty
,
as
it
is
in
31
E.
3.
in
a
Warrantia
chartae
,
there
the
warranty
shall
not
extend
to
the
rent
,
because
the
rent
was
not
in
esse
at
the
time
,
but
if
upon
a
rescous
she
brings
an
Assize
,
and
after
is
nonsuited
,
and
after
the
Tenant
makes
a
Feofment
of
the
Land
with
warranty
,
that
warranty
will
extend
to
the
Rent
,
Quod
nota
.
A
man
dies
seised
of
an
Acre
in
Borough
English
in
tail
,
having
three
Sons
,
the
youngest
enters
,
and
makes
a
lease
to
the
second
for
years
,
who
makes
a
Feofment
with
warranty
,
and
dies
without
Issue
,
the
yongest
dies
without
Issue
,
the
eldest
brings
a
Formedon
,
if
he
shall
be
barred
by
the
warranty
?
It
seems
though
the
warranty
descends
upon
the
eldest
where
it
was
a
disseisin
to
the
youngest
,
yet
when
the
right
of
the
Land
comes
unto
him
he
shall
say
that
the
warranty
comences
by
disseisin
,
because
he
is
now
privy
to
the
warranty
,
and
to
the
estate
;
for
if
the
Father
seis'd
in
fee
makes
a
lease
to
the
Grandfather
for
years
,
who
makes
a
Feofment
in
Fee
with
warranty
and
dies
,
and
the
Father
dies
,
that
warranty
shall
not
be
a
bar
to
the
son
,
because
it
comenc'd
by
disseisin
to
him
whose
Heir
he
is
.
And
if
a
man
hath
Issue
two
Sons
,
the
youngest
makes
a
Lease
for
years
to
the
Father
,
who
makes
a
Feofment
with
warranty
and
dies
,
and
after
the
Eldest
dies
without
Issue
,
and
the
warranty
descends
upon
the
youngest
,
that
shall
be
no
bar
,
because
it
comences
by
disseisin
;
and
though
the
Land
doth
come
immediately
to
him
upon
whom
the
warranty
descends
,
as
it
was
in
the
principall
case
,
or
although
the
warranty
doth
not
descend
upon
the
Tenant
of
the
land
immediately
as
heir
to
him
thatmade
the
warranty
,
yet
all
is
one
Warranty
which
ommences
by
disseisin
,
and
wrong
is
made
to
him
in
the
interim
,
upon
whom
the
warranty
descends
after
,
although
that
wrong
was
not
a
dissesin
to
him
,
yet
it
is
a
warranty
which
commences
by
disseisin
;
As
if
an
Ancestor
Collateral
to
the
Donor
,
desseise
the
Donee
,
to
the
intent
to
make
a
feofment
,
with
warranty
,
which
is
done
accordingly
,
and
the
warranty
descends
upon
the
donor
,
and
after
tenant
in
tail
dies
without
issue
,
in
a
formedon
in
reverter
,
the
warranty
shal
be
no
bar
,
because
it
commences
by
disseisin
to
the
tenant
in
tail
,
at
which
time
wrong
was
made
to
him
in
reversion
,
and
therefore
he
shalsay
that
the
warranty
commences
by
desseisin
,
tamen
vid.
30.
E.
3.
12.
But
if
a
man
makes
a
feofment
with
warranty
and
dies
,
which
is
a
disseisin
to
a
stranger
,
the
heir
of
the
Feoffor
(
if
he
hath
not
the
right
of
the
land
descended
to
him
after
)
shall
be
vouched
for
the
warranty
,
then
in
the
principal
case
,
if
the
eldest
cannot
say
that
the
warranty
commences
by
disseisin
,
yet
it
shall
be
lineal
against
him
,
for
by
possibility
he
might
have
made
himself
〈◊〉
to
him
that
made
the
〈…〉
for
the
land
doth
descend
to
the
youngest
heir
,
as
well
as
to
the
youngest
Son
,
and
so
to
the
youngest
unkle
,
for
the
reason
is
all
one
,
for
the
young'st
brother
shal
be
in
as
youngest
Son
to
the
common
Ancester
:
but
some
say
there
is
not
any
reason
in
these
two
cases
.
If
tenant
in
tail
is
desseised
,
and
release
to
the
desseisor
with
warranty
,
and
after
is
attained
of
felony
,
and
hath
a
Charter
of
pardon
and
dies
;
it
●●●ms
it
is
a
discontinu●●ce
,
for
if
he
had
purchase●
land
after
his
Charter
,
it
would
descend
to
his
heir
,
which
proves
that
the
blood
betwixt
him
and
his
he●●●●ot
corrupt
,
as
it
is
between
him
and
his
Ances
〈…〉
then
the
warranty
being
in
esse
at
the
time
〈…〉
death
there
is
no
i●pediment
,
but
that
〈◊〉
descend
:
But
if
t●nant
in
rail
,
who
hath
a
〈◊〉
annexed
to
h●s
estate
,
be
attained
of
sel
〈…〉
executed
,
many
think
his
issue
〈◊〉
not
i●herit
the
voucher
for
the
warranty
〈…〉
th
the
land
;
for
the
warranty
is
out
of
〈…〉
de
Donis
Condit
,
which
〈◊〉
of
〈…〉
ements
which
are
given
upon
addition
〈…〉
sowd
.
thinks
the
contrary
for
by
the
equity
〈…〉
statute
,
it
is
pres
〈…〉
as
well
〈◊〉
Charters
〈◊〉
1.
H.
6
,
20.
per
M
〈…〉
60.
b.
C.
〈◊〉
for
Charters
.
Feoffee
with
〈…〉
by
the
Feoffor
who
dies
sell
〈…〉
he
issues
who
brings
a
w●●●
of
〈…〉
●oyned
upon
the
mecre
〈…〉
the
〈…〉
barred
,
for
if
the
Feoffee
〈…〉
●●mpleaded
〈◊〉
●●ranger
,
shal
arraine
the
w●●●
〈…〉
aganist
〈◊〉
Issue
,
is
the
question
.