his wife and to the heires of A. of her body by I. to be begotten * Tail generall in the husband the wife for life only Habendum to I. and A. his wife and to the heires which I. shall beget upon the body of A. his wife both have estate taile because these words heires is not limited more to one then to the other * The wife hath taile generall the husband frank tenement Both have estate taile Taile speciall in both Habendum to I. and A. his wife and to the heires of their two bodies this is taile speciall as well in the husband as in the wife But if I. give Lands to I. A to his heires which he shall beget of A. his wife here A. hath but estate for life and I. hath estate in taile speciall but in this case if he had said to the heires and not to his heires then either of them should have had an estate in taile speciall because these words heirs is referred as well to the one as to the other If Tenant in taile speciall hath issue and die the issue is forthwith remitted to the taile generall and such issue and all his issue shall stand so seised for evermore Vses 27. H. 8. cap. 10. Creation of estates taile raised by way of limitation of uses The expression of divers and sundry uses TO have to the said Feoffees their heirs and assignes for ever by the severall uses intents and purposes and under and upon the conditions provisoes and limitations hereafter in and by these presents limited and declared and to no other use intent or purpose that is to say the aforesaid Mannors of Compton c. withall and singular their and every of their rights members and appurtenances whatsoever to the use and behoofe of the said H. P. for the terme of his life without impeachment of c. For sale of Lands to pay debts and Legacies and after his decease to the use and behoof of the abovenamed Feoffees and their heirs in trust and confidence and to the intent purpose that they the said Feoffees and the survivors or Survivor of them shall and will by sale of such parts and parcels of the Premises as they or the survivors or survivor of them or their heirs shall think fit to bee sold and by the issues and profits of the residue pay and discharge all the Debts Legacies and Funeral expences of the said Sr. H. P. and after payment and discharge of the same debts Legacies and expences shall and will conveigh and assure all the residue of the Premises limited to their use For intailing of Lands to the tenth generation and remaining unsold unto the said H. P. Esq sonne of the said Sir H P. and the heires of his body issuing and for default of such heires to the use of the said La. F. P. La. S. and I. F. and the heires of their severall bodies issuing and for default of such issue to the use of the right heires of the said Sir H. Poole for ever To the use of the first son of the body of the said K. P. lawfully to be begotten and of the heires males of the body of such first son issuing Entaile first to the issue male and then to the issue female when they shall come to the age of 〈◊〉 And the said Mannors of S. P. C. c. and all other the Premises whereof and wherein there is not any use in and by these presents already specially lymited and declared to the use and behoofe of the said Sir H. P. Knight for the terme of his life without impeachment c. And from and after his decease to the use and behoofe of the said H P. son of the said Sir H P. for the tearme of the life of the said H P. the son without impeachment c and from and after his decease to the use of the first son to be begotten of the said H. P. son of the said Sir H. P. and of the heires males of the body of the said first son issuing and so on to the tenth son and for default of such heires to the use of every other the sons to be begotten by the said H. son of the said Sir H P. as they shall be in seniority or age and of the heirs males of the severall bodies issuing that is to say as for and concerning the Mannors of c. with their and every of their severall rights members and appurtenances to the use of him the said H. P. for and during the tearme of his naturall life without c. and from and after his decease to the use of the first son of the body of the said H P lawfully to be begotten A Fine was levied to the A. uses of and the heries males of his body untill hee or the heirs males of his body have done such an act and after such a thing or act done to the use of another in taile died without issue without anything done and it was adjudged that the remainder was in contingency shall never fall Coke 10. a part fo 85. Uses Jointer for the Wife Taile speciall and of the heires males of the body of such first son issuing and so to the tenth son And for default of such issue then to the use of every other the sons c. and for default of such issue to the use of B P. the now first begotten daughter of him the said H P. from and after such time as the shall accomplish the age of sixteen yeares for and during the terme of her life and after her decease to the use of the first Son of her body which shall be begotten by such her husband which shall be of the sirname and blood of the Pooles and of the heires males of the body of such her first son issuing and so to the tenth son Then entaile the lands in forme aforesaid to the first 2. 3. 4. 5. and tenth daughter and this limitation following and to the use of the Executors of him the said H P. for and untill such time as the severall daughters which shall take any benefit by vertue of these presents shall accomplish their severall ages of 16. yeares respectively and after the death of the said H P. without issue male or female qualified as aforesaid Then to the use of Dame F P wife of one Sir N P Knight sister of the said H P for and during the terme of her naturall life and after her decease to the use of H P. Esq the first son of the said sir N. P. and Dame F and of the heires males of the body of the said H issuing and so to the tenth son And for default of such issue then to the use of the right heires of the said H P party to these presents for ever And as for and concerning the Mannors of C and S to the use of the said H P for
the terme of his life without c. and from and after his decease to the use and behoofe of B. P. his wife for and during the terme of her life for her joynter And from and after the severall deceases of them the said H and B P. then to the use of the heires males of the body of the said H P lawfully to be begotten And for default of such issue then to the use of Dame F. P. for and during the terme of her life untill such time as she the said Dame F. or any other by her allowance shall by any publick act by him or them done or suffered to be done seek endeavour To the use limited for life untill she shall practise to do an act or put in practise for to avoide or question the joynter of the said B P either in part or in all or any other estate grant Lease or use whatsoever now made or at any time hereafter to be made and limited by the said H P of any part or parcell of the said Mannors Lands and other the Premises and immediately from and after such publike act as aforesaid or after the decease of the same Dame F then to the use of H P Esquire son of the said c. untill c. And for and concerning the inclosed ground and Park to the use and behoofe of the said H P for his life To the use of a woman for part of her Joynter Joynter by way of the lymitation of a yearely anuity and after his decease to the use of the said Dame G. for terme of her life for part of her Joynture And after her decease to the use intent and purpose that such other wife as the said H P. shall have at his decease other then the said Dame G shall and may receive and take out of the said Parke ground and other the last mentioned Premises one yearly rent of 200 pounds of lawfull money of England for the terme of the life of such wife for her joynter the said rent to be paid at the feast of St Michael the Arch-angell and the anuntiation of our Lady by equall portions And after c. to such uses intents and purposes Vses limited to ones last will and testament and for want of such will to any other uses c. vide plus 18. 2. 8 Vses first of all raised for divers mens lives as the said H P by his last will and Testament in writing or by any writing or by any writing to be made by him sealed and subscribed shall limit and declare and for default of such limitation or declaration to the use and behoofe of the said H P. and his heires for ever That is to say to the use and behoofe of the said F M and of his Assignes for and during the joynt lives of him the said F M. and the said E M his son without impeachment c. and from and after the decease of the said F in case the said F shall fortune to depart this present life during the life of the said E M. his son then as for and concerning the mannor and Lordship of T. with all his rights members appurtenances to the use and behoofe of the said A. now wife of the said F F.M. and of her assignes for and during the terme of her naturall life if the said E. M. the son shall happen so long to live and from and after the decease of the said E. M. Vses raised for satisfaction of Joynter dower then as for and concerning the Scite or chiefe Mansion house c. to the only use and behoofe of the said B. for terme of her naturall life for and in full satisfaction and recompence of all such Joynter and Dower as to the same B. shall or of right ought to belong or appertaine by from and after the decease of the said E. M her husband And as for and concerning the residue of the said Mannor of c. to the onely use and behoofe of the said A. and of her assignes absolutely for tearme of her life in full satisfaction of the Joynter of the said A. And then after the lives ended the use of the reversion expectant on those lives is setled And as for and concerning the reversion and reversions remainder or remainders of the said Mannors c. as the said uses estates and interest therof herein before lymited or expressed shall be fully ended and determined and for and concerning the said Mannor of c. as the estates and interests therof before limited or expressed in these present Indentures shall fully end and determine Then to the use and behoofe of the said F. M. for terme of his naturall life without c. and from and after his decease then to the use and behoofe of E. M. for terme of his life without c. and from and after his decease to the use and behoofe of the first son to be begotten by the body of the said E. M. and of the heires males of the same first son lawfully begotten To the use of every other the sons as they shall be in seniority or age Lands conveighed to uses for the raising of portions for daughters and so to the second son unto the tenth son And for default of such issue then to the use and behoofe of every other the sons to be begotten by the body of the said E. M. successively as they shall be in seniority or age and of the heires males of their severall bodies lawfully begotten And for default of such issue then to the use and behoofe of all and every the daughters which the said E. M. shall have begotten on the body of the said B. at the time of his decease being then unmarried and of their assignes from and after such time as each of them shall have accomplished their severall ages of 18 yeares or be married to and untill such time as every of the same daughters successively one after another as they shall be in seniority or age shall or may levy receive and take to every of their own propper uses and behoofes of the rents profits and issues of the Premises the severall summes of 300. pounds a peece of currant money of England or otherwise shall be fully satisfied contented or paid of the said severall summes by such person or persons to whom the next immediate reversion or remainder of the premises shal then by the intent and meaning of these presents of right belong and appertaine And from and after such time as the said severall sums of 300. pounds shall be fully levied received or paid as is aforesaid c. and for default of such daughters whichsoever of them shall first happen Then to the use of T. M. second son of the said F. M. for tearme of his life and so on with an intaile as before and for default of such issue then to the use and behoofe of the said E.
in manner aforesaid at such of the said feast daies which shall next ensue the expiration forfeiture or surrender of the said estate and tearme formerly granted by the said Sir I.P. to the said I G. as aforesaid And also yeilding and paying to the said Sir Henry P. his Heirs or Assignes at and upon the death and decease of every person dying tenant in possession of the Premises by vertue of this demise and grant his her and their best beast for and in the name of a Herriot or three shillings of currant c. at the onely choice and election of the said H P. his Heires and Assignes And if it shall happen the said yearely Rent of c. Contingat to be behind unpaid in part or in al by the space of c. after any the said Feasts or daies of payment wherat or wherin the said ought to be paid or the said Herriots or Herriots money not to be paid in form aforesaid when the same shal be due or ought to be paid that then c. Habendum to one for life and three yeares over to his heire he is tenant for life Habendum for life and 3. yeares over c. Habendum for life the remainder for yeares and this tearme for years is a Chattel in the Lessee which his heire shall not have but the Executor Habendum to I S. for life the remainder for ten years doth not speak to what person that is a term for 10. years in the Lessee created by the Livery Seisin for the terme for yeares may be in the person of him that hath the frank-tenement dependant after the estate for life but not before or precedent to the state for life in the same person because a tearme may not divest or suspend a frank-tenement A Lease to one for life and for 2. yeares over to his Executors or Assignes or to his Heires all is in the Lessee because all is coupled and conjoyned in one gift But otherwise it is where a Lease is made to one for life the remainder to his Executor for 2. yeares or the remainder to his heire for 2. yeares this remainder is in obeyance untill after the death of the Lessee and then it shall vest in the Executor or heir as a chattell by them purchased for heir or executor is a good name of purchase of it and tenant for life may not give forfeit or devise the same tearme The same Law is where a Feoffment is made to the use of I N. for life and after to the use of his assigne for twenty years the lessor may nominate an assignee that shall have it and it shall vest in him as a Chattle by him purchased for he shall be said assignee in sence of an assignee to take it and in the meane time it shall be in Abeyance and note that assignee is 2. wayes the one is the grantee of the estate which was in the grantor before and the other is a person nominated or appointed to take any thing Lessee for life the remainder to him for 21 yeares he hath both estates in him so distinctly as he may grant away either of them for a greater estate may uphold a lesser but not e converso for if a man make a Lease to one for 21. yeares the remainder to him for tearme of his life the lease for years is drowned Lessee for life the remainder to his Executors for 21 yeares the tearme for yeares shall vest in him if an estate be made to A for life the remainder to B in taile the remainder to the right heires of A the Fee vesteth in A. as if it had been limited to him and his heires Exclusive and inclusive vi fo plus 48. 23. If a Lease be made by indenture dated the 26. of May to have and to hold from the Date or from the day of the Date from the day of the making or from the day of the sealing and delivery the Lease shall begin upon the twenty seaventh day of May for these words are exclusive and doe exclude the day of the date and makes it to be no part of the demise Inclusive But if the Lease beare date the twenty sixt of May to have and to hold from the making from henceforth or from the ensealing and delivery hereof then it shall begin on the day it was delivery for the words of the Indenture are not of any effect till the delivery for these words are inclusive and make the day to be parcell of the Tearme Where the words of the statute of 27. H. S. Cap. 16. Inrolements 27 H. 8. of Inrolements are within six Months after the date of the same writings indented that if such writings have a Date that the six monthes shall be accounted from the Date and not from the delivery but if it want date then from the delivery Diâ—r 5. Eliz. 218. An Indenture of Bargaine and sale bare date 4. vi fo 23 October 4. and 5. B. and M. and was inrold 21. Martii prox sequen which was the last day of the six monthes accounting the day of the date exclusive this Deed was well inroled within the said act for the whole day of 4. Octo. shall be accounted in Law the date of the Indenture unde sequitur that from the Date and from the day of the date are all of one sence insomuch as in judgement of Law the Date includeth all the day of the Date If the habendum be for the tearme of 21. yeares without mentioning when it shall begin it shall begin from the delivery for there the words take effect as aforesaid If an Indenture of Lease beare date which is void or impossible as the thirtieth day of February or the fortieth day of March if in this case the terme be limited to begin from the date it shall begin from the delivery as if there had been no date at all And so it is if a man by Indenture of Lease either write a Lease which is not or is void or misrecite a Lease in point materiall which is in esse To have and to hold from the ending of the former lease this lease shall begin in course of time from the delivery therof Coke Lib. 5. fo 1. 12. Eliz. Dier 218. Habendum to I. and to the heires of his body lawfully begotten Taile generall Habendum to I. and A. his wife and to the heires of their two bodies Taile speciall Habendum to I. and A. his wife and to the heires males of their two bodies Habendum to I. and to the heires males of his body or heires female Habendum to I. A. uxor ejus and to the heires of I. which hee shall beget of the body of A. his wife Taile speciall in the husband the wife for life only Habendum to I and A his wife and to the heires of the body of I. engendred * Habendum to I. and A.
entry the first livery is made void and there is no perticular estate continuing whereof a remainer may depend If a man devise his Lands to his wife for her life upon condition that if she marrie that then the Land shall remaine to F. M. in taile this is a good remainder for the construction of this demise is to make the same condition to be a limitation and not a condition and upon a limitation or determination of a perticular estate which is taken and not uncertaine a remainder clearely may well depend As if a Lease be made for life upon condition that if the Lessee die the remainder to a stranger that is a good remainder because it commenceth upon the determination of an estate which is certaine and not uncertaine for every man must die and every terme must end and therefore it is no condition but a limitation or appointment when the terme shall commence If I make a Lease for life upon condition that if the Lessee doth such an act he shall have fee and he doth it accordingly there he shall have Fee because he is privie to the condition and therefore shall take the benefit thereof A Lease made for yeares if the Lessee shall so long live which is a word conditionall and doth precede the remainder therefore the remainder which doth commence upon a condition is voide Plowden fo 25. But if I make a Lease for life upon condition that if the Lessee doth such an act that then hee shall have Fee and he doth it accordingly there he shall have fee because he is privie to the condition Lessee for five yeares upon condition that if he pay me twenty pounds within two yeares he shall have fee the Fee passeth forth of the lessor forthwith Lessee for yeares upon condition that if I. S. marry my daughter during the estate for life that then it shall remaine unto him this is a good remainder and yet it doth commence upon condition for there is an estate whereupon a remainder may be founded and the condition doth not trâ—nch to the destruction of the particular estate If I make a lease for yeares the remainder for life upon condition that if he in remainder doth not such an act that the remainder shall be void Now before the condition is broken the remainder is good and in him to whom it is appointed but if the condition be broken then the remainder is out of him and in the person of lessor again Lessee for life the remainder to A his wife for her life if she live so long sole and unmarried the remainder to D. their Son for his life the remainder to D. is good though it commence upon a condition because the particular estate continueth and the condition goeth not to the destruction of the particular estate and the first remainder doth vest during the particular estate which maketh the latter to be good though it commence upon the condition But quaere whether the 2. remainder shall begin upon her marriage or death WHen a particular estate which doth support a remainder may determine before the remainder may commence there the remainder doth not vest forthwith but dependeth in contingency Contingent Remainders Vid. fol. 29. As if one make a Lease to I S. for life and after the death of I D. the remainder to another in Fee this remainder dependeth in contingency for if I S die before I D. the particular estate is determined before the remainder can commence So if a Lease be made to A for life and if B die before A that then it shall remaine to C for life this is a good remainder upon contingent if A survive B A Lease is made to one for life the remainder to the right heires of I S. this remainder is good upon contingent that is if lessee for life survive I. S. or else not A lease to A. for life the remainder to B for life if B. dy before A. the remainder to C for life this is a good remainder on contigent if A survive B Plowden Colethirst and Beiushin H. leased to I. for the life of I. after the death of H. to I and his heires this is a good remainder upon contingent for if H. die living I. then the remainder is good but if H. survive I. then the remainder is voide WHen a remainder is limited to take effect by doing of an act which act shall be the determination of the particular estate yet if the act depend upon a casualty and meere incertainty whether it shall happen or not there the remainder vesteth not forthwith but dependeth in contingency Vide fo 51. a good note if a man make a Feoffment to the use of B until C. shal come from Rome into England after from such coming to remain over in fee this remainder dependeth in contingency for it is uncertain whether I. will ever come into England or not and a remainder ought to commence in possession when the particular estate endeth as well in Wils as in grants for there may not be a mean time between them And every remainder contingent ought to vest either during the particular estate or eo instante Contingent remainder that it determineth for if the particular estate be ended or determined in deed or in Law before the contingency happen then the remainder is void As for example Fr. Archarde was seised of lands in fee holden in Socage and by his will in writing devised the Land to Ro. Archarde the father for his life and after to the next heire male of Robert and to the heires males of the body of such next heir male Ro. hath issue Jo. Fr. dieth Ro. enffeoffeth Ren. with warranty upon whom J. entreth and Ren reenters and then Ro. dyeth the right heir male of Robort may not enter for the forfeiture in the life of Robert for hee may not be heire as long as Robert liveth Note that By the Feoffment of tenent for life the remainder is destroyed for by the Feofment of Ro. his estate for life was determined by condition in law therunto annexed and that may not be revived afterwards by any possibility therfore the contingent remainder destroyed So if Tenant for life the remainder to the right heirs of I S be disseised and the disseisor levies a fine at the common Law the right heir of I S shall be bound But in the former case if the tenant for life had been disseised and died yet the remainder is good for the particular estate remaineth in right and might have been revested but not in this case Archers case prima pars Lo. Coke Remanere definitio Remanere dicitur quasi terra remanens A remainder is that which passeth forth of the Lessor at the time of the perticular estate made Reversionis definitio A reversion is that which is left in him that made the perticular estate reversion is derived of this word revertor so
8. of Uses the terme of the Feoffee was saved Also in the same Court Anno 28 Eliz. in the case of Ized it was resolved that where the Lord enfeoffed the Copyholder to the use of others that the Copyhold Estate by the saving of the said Act was preserved Devises IT is a principle in Law A Lease to A. for life the remainder to the right heires of B. B. haveing a daughter dieth his wife privily with child of a Son in this case the daughter claimeth by purchase and therefore the son borne after shall never divest it Coke 1. pars fo 95. that in all gifts be they by devise or otherwise it behooveth to have a donee in esse which hath power and capacity to take the thing given at the very time when it ought to vest for if there be not any such in rerum natura when the thing ought to vest then the gift shall be void Plow fo 345. For if a man devise a Lease or goods to I. S. which dieth and then the devisor dieth the Executor of I. S. shall not have them And if a man seised of lands in Fee devisable make his will and thereby devise his lands to I. S. and his heires and then I. S. dieth and afterwards the devisor dieth I. S. and his heires nor any of them shall take nothing by this devise and here the thing ought not to vest in the devisee untill the death of the devisor at which time the devisee was dead and so was not in rerum natura And as to that heires are named in the gift that is to say it is given to the devisee and to his heires for which cause they shall be contemned and concluded in the intent that is not so for heires are not there taken to be immediately takers but onely to expresse the quantity of the estate that the devisee should have for without expressing heires the Devisor might not properly make an estate in Feesimple in the devisee and none other But if a man devise Lands to one and his heires and the devisor dieth in the life of the devisee and then the devisee dieth now the heire shall take by the devise Coke prima pars fo 95 If a man lease lands to a man for life Contingent remainder and if the Lessor die without heire of his body that then the Lessee shall have the land to him and his heires in this case if the Lessee for life dieth and then the lessor dieth without heires of his body the heire of the lessee shall not have the land and so clearely holden Plowden com fo 483. Quere de hoc It was agreed for good law that the occupation of a Chattel may be devised by way of remainder but if the thing it selfe were devised to use the remainder were void for the gift or devise of a Chattel for an howre is pro imperpetuum and the donee or devisee may give it sell it and dispose it and the remainder thereupon is void Brook devise fo 13. The occupation of a Chattel personall may be devised by way of remainder A Lease devised 20. yeares to one for the first ten yeares the remainder to another or devised to one for so many yeares as he shall live the remainder to another a delivery to the first devisee serveth for him in the remainder also So though it be but the occupation of a terme which is so devised for the occupation and profits of the Land is all one with land it selfe but if the occupation of a Booke glasse or other Chattel personall be devised to one for life and after his death to another in like sort there a delivery to the first is no delivery to the other for their occupations are severall and in such Chattles personall the occupation is distinct from the property 7 H. 6. 30. Plowden fo 522. A devise to one and his heires Males is an estate taile but a devise to I. S. in Fee upon condition that if he pay not I. D 10 l. then I. D. to have it in Fee is a void condition and remainder for it is contrary to the law 27 H. 8. 27. 29 H. 8. Dier 33. But a devise of the fee-simple to Alice S. and after her death to B. is onely an estate for life the remainder for life to B. the remainder to Alice in Fee so as the husband of Alice In a devise by what words Fee-simple passeth if she die in the life of B. cannot be Tenant by courtesie 19 Eliz. Dier 357. If a man devise lands to a man for ever or to give and to sell or in fee-simple or to him and his Assignes for ever Fee-simple passeth but if the devise bee to a man and his Assignes without saying for ever the Devisee hath but an estate for life if a man Devise lands to one sanguini suo that is Fee-simple but if it bee semini suo it is estate taile If a man Devise Lands upon condition A devise upon a condition repugnant is voide that the Devisee shall not Alien this condition is void and so it is of a Grant Release Confirmation or other conveyance whereby a Fee-simple doth passe And so it is if a man bee possest of a Lease for yeares or of a Horse or of any other Chattel reall or personall and give it or set it upon any such condition When a man deviseth that the Executors shall set the Land A devise that the Executors shall sell the Land there the Land descendeth in the meane time to the heire and untill the Sale be made the heir may enter and take the profits But when the land is devised to his Executor to be sold there the devise taketh away the discent A device of Land to the Executors to be by them sold and vesteth the state of the land in the Executors and they may enter and take the profits make sale according to the Devise and here it appeareth that when a man deviseth his Tenements to be sold by his Executors is all one as if he had devised his Tenements to his Executors to be sold And the reason is because he deviseth the Tenements whereby he makes the discent Although that the last Will shall avoid the former Will yet if a man be seised of lands in Fee No alteration of such a Will and therof enfeoffe a stranger and declare his Will upon the Livery of Seisin made to the stranger that is that the Feoffee shall bee seised to the use of the Feoffor for terme of his life the remainder to I. S. in Fee now he may not alter this Will by a latter Will in prejudice of ceste que use in remainder because the use is in him in remainder forthwith so that he may set it but if in the same case the remainder of the use had been to the right heires of the Feoffor then the Feoffor might alter
this use by his last Will and if the Feoffor had declared his Will upon the Livery of Seisin that the Feoffee should be seised to the use of I. F. for life the remainder to the use of the Feoffor or in taile the remainder to the use of a stranger in Fee in this case the Feoffor may not alter this Will by his last Will Perkins Testaments fo 93. and 92. Such a Wil may be altered If a man seised of Lands in Fee thereof enfeoffe a stranger to the intent to performe his Will and after the Feoffor maketh his Will and deviseth the same Land to a stranger in Fee in this case the Devisor may alter this Will by a latter Will because in this case the Devisee shall not have this Land but by force of the Testatment and that may not take effect till after the death of the Devisor And the same law it is of Lands Tenements Rents or Common c. devisable by the custome used in any place c. And also the same law is it of all Chattels reall and personall devised Perkins Testaments fo 93. A Feoffment to performe a Will When a Feoffement is made to a future use as to the performance of his last Will the Feoffees shall bee seised to the use of the Feoffor and his heires in the meane time 35 H. 6. 22. 15 H. 7. 12. 37 H 6. 36. 11. H. 4. 52. 7 H. 4. 22. 1 Mariae 111. Dier Of such Will there is no alteration A Feoffment made to the use of ones Will if his Will be declared before or at the time of his Feoffment it cannot bee altered because it is executed otherwise it is if his Will be declared afterwards 20 â— 7. 11. If a man devise his land to W. N. solvendum 10 l. to his Executors and die A man deviseth lands to his wife so long as she should continue sole and if she marry the remainder in taile the remainder to his right heire so that the marriage is the limitation which determineth the estate and so the remainder beginneth upon the estate ended there Coke 10. pars fo 41. the Devisee hath Feesimple by reason of the payment without words to his heires for ever And that shall bee intended the intent of the Devisor so if a man sell land to W. N for 20 l. that shall be intended a Sale in Fee-simple without words heires for conscience c. Brook estates fo 78. Termor deviseth to his wife the Land for so many yeares as she should live and afterward the terme to his son and made his wife Executrix and died the wife prooved the Testament and entred and agreed to the devise and afterwards shee aliened the terme and died the son or his Administrator may enter A man deviseth his Land to I. S. that shall bee taken but for terme for life but if he saith paying 100 l. to W. N. that shall bee intended Fee-simple and if hee doth not pay it in his life time yet if his heire or Executor pay it it sufficeth Quaere of his Assignee Brooke Testament 18. A Devise to a man and his heires hee hath issue a daughter and dieth his wife privily with Child of a Son the daughter entreth she shall retaine the land for ever and yet the son is heire but not to toll the land before vested in the daughter If Lessee for yeares devise his terme or other his goods or Chattels by Testament to one for terme of his life the remainder over to another and dieth and the Devisee entreth and doth not Alien the terme nor give nor sell the Chattel and die there hee in remainder shall have it but if the first devisee had aliened given or sold it he in remainder had beene remedilesse Brook Chattel 23. And so B. thinketh it if it be forfeited in his life he in remainder is without remedie If a terme be devised to one his heirs males of his body his heire shall not have it but his executor for a terme which is but a Chattel may not be entailed and such Devisee may well Alien the terme to whom please him Coke 10. pars fo 22. If a man devise Lands to one to have to him and his heires after the death of the Devisors wife the wife although she were not named before the Habendum shall have an estate for life by this Devise The husband possest of a terme in jure uxoris suae maketh a Lease of parcell rendant rent the wife shall have the residue of the terme but not the rent 9. Eliz. Dier fo 246. If a man devise his land to his wife for her life upon condition that if she marry that then the land shall remaine to I. S. in taile this is a good remainder for the construction of this devise is to make the same condition to be a lymitation and not any condition and upon a lymitation or determination of a particular estate which is certaine and not uncertaine a remainder clearly may well depend A man possessed of a terme of yeares in the right of his wife cannot devise it to another by his Will for she hath an estate in it before and at the time of his death which preventeth the Devisee nor can he grant charge out of it for she surviving is remitted to the terme and therefore shall avoide the charge But by by an expresse Act he might in his life time have given it away but if a woman having Chattels personall take a husband the law devesteth the property out of her and vesteth it in her husband only What Deeds of Gifts shall be counted fraudulent Fraud IF a man make a generall Deed of Gift of all his goods this is suspicious to bee done upon fraud to deceive the Creditors And if a man which is in debt make a Deed of gift of all his goods to protract the taking of them in execution for his debt this deed of gift is void as against those to whom he stood indebted But as against himselfe his owne Executor or Administrator or any man to whom afterwards he shall sell them or convey them it is good What is sale bona fide and what not By sale any man may convey his own goods to another although he may feare Execution for debts he may sell them out-right for money at any time before the Execution served so that there be no reservation of trust between them that providing the money he shall have the goods againe for that trust in such case doth prove plainely a fraud to prevent the Creditors from taking the goods in execution A Deed of gift of goods to defraud Creditors is voide against them but is good against him his Executors or ministrators Where Sale in a Market Overt shall Bar the owner and where not IF a man steale my Goods or Cartel Market Overt or take them from me in jest or borrow them of mee and
claiming under him with penalty in the Statute of 27. Eliz. Cap. 1. This doth not extend to the avoyding of any grant c. upon good consideration and bona fide if any such conveiance be made with clause of revocation or alteration at his pleasure by writing and after he shall bargaine demise sell grant convey or charge the same Lands c. for money or other good consideration the conveyance not revoked or altered then the conveyance c. shall be void against the Barganees c. and all claiming under them lawfull Mortages only excepted A Lease was made of a Messuage and Lands for yeares A grant of land Habendum the reversion if the Lessee so long should live and afterwards the Lessor by his Deed indented granted the Messuage and Land to another to have and to hold the reversion to the grantee for life cum per mortem sursum redditionem vel forisfacturam of the Lessee aut aliter acciderit reddendo inde annuitie to the Grantor and his heires when the said reversion shall happen nine shillings and foure pence per Annum The Lessee dieth the Grantor of the reversion distraineth for the arrearages of the rent aswell before the death of the Lessee as afterwards whereupon four points were clearely resolved upon by the Court. That by the Demise of a Messuage and Land for life the reversion thereof doth passe but by the Grant of a reversion land in possession doth not passe Lofields case 10. pars fo 107. Plowden 197. A grant of the reversion Habendum the land By the Grant of a Messuage and Land Habendum revertionem c. or life after the death of the Lessee c. that the Habendum is good for in judgement of law nothing but the reversion is granted by the Premises and as in Throchmertons case Plowden Coment fo 147. when the reversion is granted habendum the land the habendum is adjudged good so when the land is granted habendum the reversion and after the death of the Lessee c. is in consideration as much to say as to take effect in possession after the death c. Also the habendum had been good although no mention had been made either of the Land or of the reversion in the habendum for the Office of the habendum is to limit the estate of the land contayned in the Premises It was resolved that by the said reservation the rent shall not commence before the reversion fall in possession and these words cum revertio predict acciderit shall be expounded according to the intention of the parties which was not that the Grantee for life should pay the rent before that he may take the profits to make the rent of them That the distresse was well taken for the Arrerages after the death of the Lessee and not for the arearages incurred before Statute released by matter in Law A statute was acknowledged the 26. of May the Cognusee by his release Dated the 25. May before released to the Cognusor all demands from the beginning of the world untill the making therof and sealed and delivered the release as his Deed the 27. May following the statute is freely discharged for the day of the delivery is dies confectionis but if the words had been untill the date or day of the Date of these presents then otherwise it had been See Dier fo 307. Defeasance of a statute mis-recited the statute becometh single If a Defeasance be made of a statute which is recited to bee made the tenth day of May where indeed it beareth Date the first day of May the Defeasance is void for the Mis-prision of time for the Law saith that in so much as it may be that there were two statutes the one dated the first day and the other the tenth day the time of the date is materiall Plowden fo 393. Attornement needlesse A reversion granted for yeares for consideration of money doth passe without Attornement Coke 8 pars fo 941. for let the case be that there is Lessee for terme of yeares or life rendant-rent Afterwards the lessor by Indenture for the consideration of 50 l. demiseth and granteth the Premises to another for 90. yeares rendant 40 pounds per annum although the first Lessee doth never Attorne yet the second demise shall be good and shall passe as a Bargaine executed by the statute of 27 H. 8. whereunto there needeth no Attornemnt or Inrolement of the Deed because it is not but a terme for yeares and no Frank-tenement And note that if a man for money do enffeoffe Alien and grant Land to one and his heires or in taile or for life by deed indented and inrolled that doth amount to a bargaine and sale and the land shall pass without livery and Seisin Attornement needlesse A grant of a reversion of Land habendum the land from the end and expiration of a former Lease in being is a good lease and needeth no attornement A demise of the reversion of Land Attornement needles habendum the reversion of the land from the end and determination of a former lease in being is a good Lease and needeth no attornement If a man make a gift in taile or a Lease for life Remainder voide the remainder to his owne right heires this remainder is void and he hath the reversion in him for the Ancestor during his life beareth in his body in the judgment of the law all his heires and this appeareth in a common case that if Land be given to a man and his heires all his heires are so totall in him that he may give the land to whom he will So it is if a man be seised of Lands in Fee by Indenture make a Lease for life Remainder voide the remainder to the heirs males of his owne body this is a void remainder for the donor cannot make his owne right heire a purchasor of an estate taile without departing of the whole fee-simple out of him as if a man make a Feoffement in Fee to the use of himselfe for life and then to the use of the heires males of his body this is a good estate taile executed in himselfe and the limitation is good by way of use because it is raised out of the estate of the Feoffees which the Feoffor departed with for a limitation of a use to himselfe had been good without question Cokes Littleton fo 22. b. The King may make a Lease for yeares rendant rent to a stranger and that is a good reservation Conditions Entries and re-entries may not be given or reserved to strangers and the stranger may distraine for it or have an Action of Debt after the lease determined and that is by reason of his prerogative which he hath above all persons for he is not bound so strictly by the lawes as others are but in the case of a common person otherwise it is because that no rent which is properly
elder son was in possession of the dignity no more then of his blood for the dignity is inherent to his blood and neither by his own act nor by the act of another hath he gained more actuall possession then by the Law descended to him Coke 3. pars fol. 42. Actuall possession quid Possession in Law quid Here 's jure proprietatis heres jure representationis An actuall possession is when a man entreth in Deed into lands to him discended A possession in Law is when lands be discended to a man and he hath not yet really entred into them nor hath seisin of the rents reserved upon any estate made for life by him from whom he claimeth Every one that is heire unto another is as the eldest Son shall inherit onely before all his brothers Aut heres jure representationis as where the eldest Son dieth in the life of his Father his issue shall inherit before the youngest Son for although the youngest Son be magis propinquus yet jure representationis the issue of the eldest Son shall inherit for he doth represent the person of his Father And even as none may be procreate but of one Father and one Mother and ought to have in him two bloods viz. the blood of his Father and the blood of his Mother those two bloods commix in him by lawfull marriage doth constitute and make him heire So none may be heire to any one unless he hath in him both the bloods of him to whom he shall make himself heire And therefore the heire of the half blood shall not inherit because he wanteth one of the bloods that should make him inheritable for as in this case the blood of the Father and the blood of the Mother make but one blood inheritable and both are necessary to the procreation of an heire therefore desiciente uno non potest esse haeres And this is the reason of the Maxime of Possessio fratris de feodi simplex facis sororem esse haeredem Co. 3. pars Ratcliffs case fo 37. If a man be attainted of felony by judgment the heires begotten after the attainder are foreclosed from all manner of hereditary Succession as well on the part of the Mother as on the part of the Father And Britton gave this reason because the Son procreate after the judgment had not two bloods inheritable in him for at the time of his birth the blood of his Father was corrupt for ex leproso parente leprosus generatur filius And when the Father is attainted of felony the blood in respect of what it shall be inheritable being corrupt the Son as like to it hath not but half blood viz. the blood of the Mother in him without corruption And therefore he holdeth that such a Son shall not inherit his Mother And with him Bracton accordeth for saith he Non valebit felonis generatio nec ad hereditatem paternam vel maternam si autem ante feloniam generationem fecerit talis generatio succedit in hereditatem patris a quo non fuit felonia perpetrata Because that at the time of his birth he had two lawfull bloods commixt in him which may not be corrupt by attainder subsequent but onely as to that Father or that Mother by whom the Felony was done and committed Assise To arraigne an Assise is to cause the Demandant to be called to make the plaint and to set the cause in such order as the Tenant may be inforced to answer thereunto and is derived of the French word Arrayner to order or set in right place and the Assise is Arrained in French and entred in Latine Executed and things executory a difference There is a diversity between Inheritances executed and Inheritances executory As Lands executed by Livery c. cannot by Indentures of Defeasance be defeated afterwards And so if a Disseisee release to a Disseisor it cannot be defeated by Indenturs of Defeasance made afterward but at the time of the Release or Feoffment c. the same may be defeated by Indentures of Defeasance for it is a Maxime in Law Quae in continenti fiunt in esse videntur But Rents Annuities Conditions Warranties and such like that be inheritances executory may be defeated by Defeasance made either at that time or at any time after And so the Law is of Statutes Recognizances Obligations and other things executory Distress for a mercement He that distraineth for an Amercement and such like must be sure to distraine the Goods and Chattels of him that is amerced because he may not distraine another mans beasts for this amercement But for rent or services it is otherwise for the party may distraine the beasts found in the land that are levant and couchant there N. B. fol. 100. B. Distress Damage-feasant And if a man take beasts for Damage-feasant and the other offer sufficient amends he refuse c. Now if he sue a Replevin c. for the beasts he shall recover Damages onely for the Detinue of them and not for the taking for that was lawfull F.N.B. 69. The Lord may seise a Herriot service aswell as a Herriot custome Herriot service Herriot custome may be seised Warde and so it was then adjudged by the whole Court Plow fo 96. Replevin Woodland versus Mantle It was resolved that when the King maketh an heir apparent which in age of a Tenent by Knights service a Kt in the life of his ancestor after the ancestor dieth the said heir within age in this case he shall be out of ward and shall pay no value of his marriage nor the Lord shall have the custody of the Land for in such ease by the making of him Knight in the life of his Ancestor he is made as of full age so that when his Ancestor dieth no interest either in the body or in the land ever vesteth in the Lord. It was also resolved that when the heir within age is made Knight after tender made to him although that he within age marry else where yet he shall not pay the forfeiture of marriage Cok. 6. pars fo 73. Sir Drue Druries case If an infant in the life of his father be made Knight and his Father die he shall be in Ward but otherwise it is where an infant in Ward is made Knight there he shall be out of Ward 2. E 6. tit Garde 42. Magna Char. Cap. 3. Touching the time of the beginnning of a Lease for yeares it is to be observed Commencement of a lease Inclusive exclusive that if a Lease be made by indenture bearing Date the 26. of May c. to have and to hold for 21. yeares from the Date or from the day of the Date it shall begin the 27. day of May. If a Lease beare Date the 26. of May. c. to have and to hold from the making hereof or from henceforth or from the sealing and delivery hereof
Emblements who shall have them sowe Hemp or Flax or any other annuall profit if after the same be planted the Lessor out the Lessee or if the Lessee dieth yet he or his executors shall have the yeares Crop and this rule holdeth to every particular tenant that hath an estate in certaine for if tenant for life soweth the ground and dieth his executors shall have the corne sowne for that his estate was uncertaine and determined by the act of God And the same law is of Lessee for yeares of tenant for life if a man be seised of land in the right of his wife and sewe the ground he dieth his executors shall have the corne for that his estate was uncertaine and if his wife die before him he shall have the corne If a man seised of lands in Fee hath issue a daughter and dieth his wife with child of a son the daughter soweth the ground the son is borne yet the daughter shall have the corne because her estate was lawfull and defeated by the Act of God and it is good for the Common-wealth that the ground be sowen But if the Lessee at will sow ground with corne c. and after he himselfe determineth his will and refuseth to occupie the ground in that case the Lessor shall have the corne because he loseth his rent and if a woman that holdeth land durante viduitate soweth the ground and taketh a husband the lessor shall have the Emblements because the determination of her owne estate grew by her own act But where the estate of the Lessee being incertain is defeasible by a right Paramoūt or if the Lease determine by the act of the lessee as by forfeiture condition c. there he that hath the right Paramount or that entereth for any forfeiture c. shal have the corn New Lit. fo 55. titulo tenant at wil. Olands case 5. pars Coke fo 116. vel 126 If a feme seised of land durante viduitate make a Lease for yeares and the Lessee sow the lands and after the wife that made the lease take a husband the Lessee shal not have the Emblements for though his estate determin by the act of a strāger yet he shal not be as to the first lessor in better estate then his lessor was Uses Uses Note That it is not good to make such a limitation generally without any restraint because it maketh all estates with the remainders over to be in contingency To the use of Leonard Lovey for life and after his decease to the use of such farmors or tenants to whom he shall demise any part of the premises for or during life or lives and for any terme of yeares as in any such demise or demises shall be limitted and appointed and then to the use and performance of the last Will and Testament of the said L. Lovey and to the use of such person and persons severally to whom the said L. Lovey by his last Will shall devise any estate or estates of or in the said Mannors lastly mentioned or of any part of them according to the true intent and meaning of his said last Will. And after the performance of his said last Will to the use of c. and for some other Mannors he devised them to Tho. Lovey his son and to the heires males of his body lawfully begotten from and after the decease of the said L. Lovey the father for 500. years then next ensuing fully to be compleated and ended upon condition that his said sonne shall allow of all such estates grants and conveyances thereof already made or at any time to be made by the said L. Lovey of and in the said Mannors Messuages c. and other the premises by him by that his last Will given granted and bequeathed according to the purport true meaning and effect of the said Lease Leases so made or to be made with power of revocation It was resolued that all the remainders were in possibility contingency but yet that the uses and powers in contingency may by mutuall assent of the parties be revoked and determined for as they may be raised by Indenturer so by Proviso or limitation annexed to them in the same Indenture they may be destroyed either before or after their essence And where it is incertaine and doubtfull whether the use or estate limited in futuro shall ever vest in estate or interest or not If a man give lands to a man such a woman as shall bee his wife the man taketh the entire But if a man make a Feoffment in Fee to the use of himselfe and his wife which shall he and he after takes a Wife his wife shall take joyntly with him Coke 1. pars fo 101. there the use or estate is in contingency But yet these contingent estates where power of revocation is may be revoked 10. pars fo 78 Leonard Loveyes case If a man at this day make a Feoffment in fee to the use of A. for yeares and after to the use of the right heires of B. or to the use of the wife of B. which shall be this limitation to the right heires of B. or to the wife of B. which shall be is void because it had beene void if it had been limited in possession Francis Earle of Bedford made a feoffment in Fee of diverse Mannors to the use of himselfe for yeares and then to the use of Jo. L. Russell his son and heire and to the heires Males of his body engendered and for default of such issue to the use of the right heires of the said Earle and after the said Jo. L. Russell died without issue male in the life of the said Earle and it was resolved that the use and estate limited by way of remainder to the right heires of the Earle were void for it had been void if it had been limitted by estate executed at the common law for the remainder ought to vest during the particular estate prima pars fo 130. Chudleis case A Fine was levied to the use of A. and the heires males of his body untill he or the heires males of his body hath done such a thing and after such a thing done to the use of another in taile and dieth without issue without any thing done and it was adjudged the remainder was in contingency ne unques eschie Note that every use in esse that is to say in possession reversion or remainder is executed by the Statute and that no contingent use or right of a use shall be executed within this Statute of 27 H. 8. untill they come in esse 1. a pars fo 126. Chudleis case Disjunctive and copulative A Lease for yeares yeilding yearly to the Lessor or his heires forty shillings this reservation in the disjunctive is good See the book at large the reason Mallories Case 5. pars fo And there If a feoffment be made to A. to have to him or his heirs
to the Execution of uses then to estates which are executed by the ancient common law vide fo 51. In proofe whereof it was resolved by all the Justices of England Pasch 35. Eliz. in the Earle of Bedfords case which was such Francis Earle of Bedford made a Feoffment in fee of diverse Mannors to the use of himselfe for years after to the use of Jo. L. Russel his son and heir apparent and the heires males of his body begotten and for default of such issue to the right heires of the said Earle and afterward the said Jo. L Russel died without issue male in the life of the said Earle and it was resolved that the use and the estate limited by way of remainder ought to vest during the particular estate prima pars Co. fo 129. 130. If a man make a feoffment in fee to the use of himselfe for life and after to the use of his first Son to be begotten in taile and tenant for life dies or makes a feoffment in fee before the birth of his son the remainder is destroyed for ever and so in this case if tenant for life die his wife privily with child and then a son is borne that issue shall not have the use ut opinor A Lease to A. for life the remainder to the right heires of B. B. having a daughter dieth his wife being privily enceint with a Son the daughter claimeth that by purchase and therefore the son born afterwards shall never divest it Coke 1. pars fo 95. Shellies case Forfeiture De pace regis regni tit forfeiture fo 222. THe King shall have all the goods of Felons which be condemned What goods of Felons the King shall have and which be fugitive viz. all their goods moveable and unmoveable for the King shall have the corne growing upon the land of the felon attainted and the issues and profits of the Land which he hath in his owne right or in the right of his wife during the time of his life Forfeitureâ—… upon flying or untill he doth purchase his pardon But touching the profits of fugitives lands there is a difference between a flying presented before a Coroner and a flying found by verdict upon an acquittall for upon a flying presented before the Coroner he shall forfeit the profits of his lands untill his death or untill he be acquit or untill he hath purchased the Kings pardon But upon a flying found by verdict upon acquittall he shall forfeit no issues of his Lands for by his acquittal the Land is discharged and consequently the issues thereof The law hath restrained offendors in treason and Felony to certaine times to make alienation of their Lands and goods and hath prefixed limits From what time forfeiture of lands shall have relation whereunto the forfeiture of their said lands and goods shall have relation and yet with this difference that as soone as any treason or Felony is committed the offender therin is restrained to make any alienation of his lands for then it is not his land but by the committing of the treason or felony he hath forfeited all the estate he had therin and therfore if between the time of the committing of the treason or felony of the offenders attainder thereof the offender doth make an alienation or assurance of his land after the time that the offender shall be attainted of the same treason or Felony the said assurance shall be void whether the same attainder be by verdict confession or utlary for the forfeiture of the land shall have relation from the time of the offence committed From what time the forfeiture of goods shall have relation The forfeiture of Goods and Chattels shall not look back so far as forfeiture of lands nor shall have relation from the time of the treason or felony committed but from the time of the attainder of the treason or Felony and therfore if one do commit treason or felony and in the meane time between the treason or felony committed and the offendors attainder therof the offendor doth give away his goods this is a good gift for as yet they be not forfeit but be his owne to maintain himselfe his family untill he be attainted and by the law adjudged unworthy to possesse or enjoy goods or to have sustenance and therefore if upon a fugam fecit presented before the Coroner one doth forfeit his goods he shall not forfeit those goods he had at the time of the felony committed but shall only forfeit those goods which he had at that day when the fugam fecit was presented against him and in like sort if one that is indicted of Felony be acquitted thereof by verdict and in their verdict the Jury finde that the Prisoner fled for the felony in this case the Prisoner shall forfeit those goods which hee had the day of the verdict given and not any goods which hee had before And so it is if one be convict by verdict the goods shall bee forfeited which the offender had the day of the verdict given and not those he had before and he that is outlawed of treason or felony shall forfeit those goods which he hath at the time of the Exigent awarded and not those which he had before and hath aliened But if a man commit treason or felony and is arrested therof and as he is carrying to a Justice to be examined or to the Goale by the Constables or others doe break away or in making of rescous or resistance is slaine by those which doe so carry him because he will not yield and be justified by the law in this case those goods shall be forfeited which he had at the time of the felony committed and so it is if one commit a felony and when the Sheriff Coroner Constable or others do attempt to apprehend him he is slaine because he doth resist and will not yeild to be arrested the goods shall be forfeited which he hath at the time of the felony committed Note this difference is to be observed in the seising of a Felons goods for where the goods be forfeited before the felony tryed as where one is found guilty before the Coroner of the death of another or where it is found before the Coroner that one did fly for a felony in such case the goods shall be presently seised upon the forfeiture of them though there be no conviction of the felon and upon such forfeiture the goods be presently the Kings the felon is to have no maintenance out of them Daltons office of Sheriffs tit forfeiture fo 32. And yet lest the goods should be disorderly wasted imbesseled or sold away the Sheriffe c. before the attainder of the felon may take surety that the goods be not imbesseled c. ss may cause the owner or some of his friends to finde surety and for want of sureties the Sheriffe c. may seise them and deliver them to the towne ss
cap. 18. and 33. H. 8. cap. 39. Debitor of the King possessed of a Lease selleth it bona fide This bindeth the King for it is but a Chattel Co. 8. 172. Note that the King shall levie the summe for which any is chargeable unto him not only against the party himselfe scil of his body his lands and goods in his own hands but in the hands of his Heires Assignes Executors or Administrators and if he hath no Executors or Administrators then in the hands of the possessors of the goods of the dead What Lands and goods shall be extended or taken by the Sheriff in Execution upon Statute c. in case of a common person NOte that upon Statute Merchant or Staple all the Fee-simple Lands which the said Connusor had at the time of the said Statute acknowledged or at any time after shall be liable to the said Statute into whose hands they shal ever come afterwards by alienation Feoffement or otherwise Stat. de mercator 13 E. 1. 27 E. 3. cap. 9. 23 H. 8. Co. 3. 12. But if the Debitor die the body of his heire shall not be taken but his Fee simple lands which descendeth to him from the Connusor shall be taken in form aforesaid if he be of full age or when he commeth to full age untill the debt be levied Statut. de mercator And so was the common Law before that in debt against the heir the Plaintiff shall have all the Land which discendeth to the heir in execution and yet he shall not have then execution of any part of the land against the father himselfe Note that it hath been holden that the heir shall not be charged where the Executors have assets Fitz. Executors 25. Br. Debt 237. 17 E. 4. 13. Plow 439. 440. But at this day the law seemeth otherwise scil that it is at the election of the Creditor to sue the heir or Executors when both have assets 4 E. 4. 25. 22 H. 6. 4. 10 H. 7. 8. Doct. Stud. 153. Dier 204. Plowden 439. 440. Also it seemeth that if the heire doth not confesse the action and shew the certainty of the assets which he hath by discent but plead nothing by discent or is condemned by default that there the Plaintiff shall have execution of his other lands or of his goods or of his body by cap. ad satisfac Plow 440. Note that Fee-simple lands of the heire which he hath by discent the day of the Writ purchased or after shall be liable but otherwise if he hath aliened before the Writ purchased unlesse it be by covin Co. 5. 60. Possession in law discendeth upon the heir shall charge him So where he enters upon a condition Br. assetts 8. Reversion upon an estate for life discends upon the heire that shall charge him Br. Assets 12. 19. A reversion shall be put in execution and the judgment shall be cum acciderit and in the meane time of the rent Di. 373. Fitz. Assetts 237. Note in debt a man shall have execution of no land but of that which the Defendant hath the day of the judgement given 2. H. 4. Fitz. Executors 24. If a man sue a Statute Merchant of parcell of the Lands in name of all the Lands he shall not have other execution afterwards Fitz. Execution 13. 4. If I have but one Acre by discent I shall be charged with 1000 l. by obligation made by my father by Belk 40 E. 15. Fitz. Execution 32 vide quaere For it seemeth that the heire may confesse what he hath by dscent and demand judgement whether of more then of the value therof he ought to be charged Lands intailed are liable but during the life of the Connusor as if tenant in taile be bound in a Satute or Recognizance the land taile shall be bound during his life but it is not bound against the issue in taile Br. Recog 7. yet if the issue in taile enfeoffe a stranger now execution shall be against the Feoffee 19 E. 3. Fitz receipt 112. But if Tenant in taile acknowledge a Statute or Recognizance and after alien the lands in the hands of the Feoffee or alienee shall be subvert to this Statute or Recognizance Co. 1. 62. and 2. 52. 8 H. 7. 89. Copy hold Lands are not liable nor shall bee extended upon a Statute or Recognizance Lease or Terme for life shall be extended Lease for tearme of yeares and all other goods and Chattels of the Connusor or Debitor are liable and shall be extended ss such which the Connusor c. hath in his owne possession and to his own use at the time of the execution sued or awarded But sale of Chattels bona-fide after judgement and before execution awarded is good but not after execution awarded as appeareth in 2 H. 4. fo 14. per curiam Yet by Babington 7 H. 6. Br. execution 116. if a man be condemned in debt or bound in a Statute the goods which he hath the day of the judgment or knowledge of the Recognisance shall be bound to the execution in whose hands soever they shall come quod non fuit negatum Co. 7. 39. a every execution in judgement of law hath relation and retrospect to the judgment But a fraudulent conveyance or gift of Lands or goods shall not advoid any execution vide le statutes 50 E. 3. ca. 6. 1 R. 2. ca. 9. 2 R. 2. Stat. 2. ca. 3. 3 H. 7. ca. 4. 13 Eliz. ca. 5. 7 les liures 43 E. 3. fol. 3. Dier 295. Co. 3. 81. 82. 83. Lands in ancient demesne are liable to the Statute vide Fitz. Execution 118. and retorne 109. contra Lands or goods holden joyntly by the Connusor with a stranger and the connusor is condemned in damages and dieth before execution those lands or goods comming to the stranger by survivor are not extendable Br. execution 126. 148. 13 H. 7. 22. a. Lands of a wife are extendable during the coverture by debt of the husband 15 H. 7. fo 14. Rent may be delivered in execution Fitz. avowry 237 Exec. 63. Rent extent by release of the party may be extended Co. 7. â—8 39. As if a man hath judgement to recover debt or damages by that the rent which he hath of any estate of Frank-tenement is liable to it and therefore although that after judgment that be released yet that may be extended But a man shall never have a thing extended upon an execution except that he may grant and assigne the same thing by Shelly 28 H. 8. fo 7. So the profits of an Office or other thing which may not be granted or assigned over shall not be extended Dier fo 7. Goods demised pawned or pledged may not be taken in execution for his debt that demised or pawned them during or terme that they are sâ— demised or pawned 22 E. 4. fo 10. 34 H. 8 Br. pledges 28. As as if a man bona fide lease his Sheep or Oxen for years or if he