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
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
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
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 Exâ—â—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 goeâ—â— 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
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
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
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
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
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
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
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
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 faâ—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
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 â—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
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.
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 Formeâ—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
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
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 Assizâ— 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 â—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
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
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
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
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 hiâ— 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
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