time the disseisor of non sane memory makes a feoffment of one acre and is imprisoned tempore statuti and dieth within the sixe yeeres the disseisee enters into the other acre of which no feoffment was made in the name of both the title of the heire of the disseisor is determined for both acres to have remedy within sixe other yeeres Because the entry into one acre in the name of two is good against the same person contrary against two severall disseisors A man seised of two acres enfeoffeth one of 1. acre upon conditioÌ„ enfeoffeth another of another acre upon another condition the first feoffee within age enfeoffeth a stranger in that acre is within age at the time of the Statute and dieth within the sixe yeers the conditions are broken the first feoffer enters in the other acre in the hands of him which did not make the feoffment in name of both acres the title of the heir of the infant is not determined by this entry Because the entry upon the feoffee in name of both shall not serve against the feoffee and therefore remedy for one acre A disseisor makes a gift in tayle the reversion in fee the tenant in taile had issue and dieth the issue enters and dieth without issue hee in the remainder enters the disseisee is imprisoned at the time of the Statute within the 6. yeeres the title of entry of his heir is not determined to enter within sixe other yeeres Because by the death of tenant in tayl without issue the descent is gone and so the title of entry for the heir is revived A Parson makes a Lease for life and dieth his successor is beyond sea at the time of the Statute and after dieth his successor taketh fealty of the Lessor his title is determined to take benefit within the other sixe yeeres Because this acceptance is a receipt of Rent A man which was imprisoned at the time of the Statute and had cause of action ut supra c. is enlarged after ascension c. and delivers a Release asan Escrow to I. N. upon certain conditions to be performed to deliver it to the terr tenant as his Deed and before the day hee is of non sane memory and after the conditions are performed and I. N. delivers the Deed and the Feoffor dies within the sixe yeeres this is a good Determination of the right so that the heir shall not have an action within other sixe yeers Because that had relation to the commandment c. A man enfeoffed I. N. upon condition that he should enfeoffe a woman and he enfeoffed the woman and her husband to them and the heirs of the wife and after the husband discontinueth the Statute commeth the husband dieth the wife dieth within the sixe yeeres the first feoffor enters the title of the heir of the wife is determined to have remedy within the other 6. yeeres Because by the misexecuting of the state to the husband and wife which should have been onely to the wife the condition is broken The eleventh Lecture For that the Statute saith That if any person taketh any of the said Actions Auditories Scire facias Prescriptions Titles or claimes before Ascension 1546. which abateth by the death of any partie no Judgement or Determination being had that the party which liveth or his heir shall have a new action c. within a yeere after such writ or suit abated and shall have such advantages within that yeer as at the common Law and the Eighth Article within 6. yeeres likewise It is to be seeâ— where such persons may declare upon the Ancient Limitation and e contra and what advantages they shall have and e contra TWo Parcenors Heirs in tayle bring a Formedon upon the antient limitation before Ascensi 1546. one dies without Issue after Ascension c. the other prayeth leave to have another writ and brings that freshly against the first Tenant withinthe yeere who pleads non tenure the Demandant avers him Tenant the day of the first Writ and shall have advantage to have this amercement for the land first in demand Because she claimes as heir of her father and not as heir of the sister Two parcenors are disseised 32. yeers before the statute and brings a writ of Entre in the nature of an Assise before Ascension 1546. and one dieth without issue after Ascension the other prayeth leave to have another writ and brought that freshly against the same tenant within a yeer c. for the same land who pleads non tenure the Demandant avers him Tenant the day of their first writ shee shall not have advantage to have this averment Because it cannot be by anothers but by the same title of the same action and here she claimes a moiety by her sister Two Infants are desseised 33. yeeres before the statute and brought a writ of entry in the nature of an Assise before Ascension 1546. and one dieth after ascension c. and the tenant also andhis heir is in by descent the other brings a writ of entry in the per within the yeer and the heir of the Tenant is essoined and after had the view by Attourney and after his Attour is essoined upon the view there at the day the Demandant cannot declare upon the ancient Limitation notwithstanding this Statute Because the yeere is past and therefore this article is little worth A man brings a Precipe upon the antient Limitation before ascention 1546. the tenant tenders his law of non summons and performes that after ascention c. by which the Writ abates and he brings a new within the yeer by journeys accounts c. hee shall not have advantage to declare upon the ancient limitation Because that is expired and the Statute doth not warrant no abatement but by death A man brought a Precipe upon the antient limitation before ascension the writ is abated by false Latin after ascention c. the Demandant prayeth to have another writ and taketh it freshly byjourneys accounts within the yeer c. the tenant pleads non-tenure the demandant shall not have advantage to aver him tenant the day of the first writ by journeys accounts c. Because the first writ did not abate by death and the averment proves that he took the writ upon the antient title where the antient limitation is determined and therefore without the case of the statute A man brought a Precipe before Ascention c. upon the antient limitation the writ is abated by Jointenancy afâ—er ascention c. the Demandant takes a new writ by journeys accounts c. within the yeer against both the tenant pleads Non tenure the Demandant avers them tenants die primi brevis he shall not have advantage of this averment Because the writ doth not abate by death and a writ by journeys accounts doth not lie against him which was not party to the first writ nor by construction against his companion which was party
Two infants bring an Assise upon the antient limitation before Ascention c. and after Ascension the Assise abateth by death of one of the Plaintifes the other may have another Assise within the yeer freshly and shall have advantage to recover the entire costs of the first suit Because it is by journeys accounts c. He which was imprisoned at the time of the statute having cause of action c. and brings an action within the yeere within the end of the sixe yeeres according to the statute the tenant is essoined and after had the view and his atturney is essoined upon the view there the Demandant cannot declare upon the antient limitation notwithstanding the eighth and nineth article of the statute Because the sixe yeeres are past A Precipe quod reddat brought by one against two before ascension c. upon the antient limitation one of the tenants dies after ascension c. sc. termino Trin. and judgement is given that the writ shall abate in the terme of Saint Mich. next following c. and the demandant brings another writ which bears teste a yeer and two moneths after the death of the tenant and within the yeer of thejudgement he shall not have advantage to declare upon the antient limitation 21 E. 3. Because the statute is within the yeer after the writ abates and it is in truth abated by the death and the judgment shall have relation to the death contrariwise upon another abatement note the diversitie A man recovers his warranty pro loco tempore in a warantia charte before ascension c. quia timet implacitari and after leeseth in a Precipe or assise and after ascension brings a Scire facias within the yeere to have in value he shall not have advantage to have in value upon the first indictment Because he ought to have vouched or to have given notice in the first suit A man brought a Precipe before ascension c. upon the antient limitation which abates after ascension c. by death of the tenant and the Demandant brought another Precipe halfe a yeere within the yeere the tenant casts a protection which is allowed and after the yeere the demandant brings a Resummons he shall not have advantage to declare upon the antient limitation Because the yeere is past by the protection pending A man brings a Precipe upon a false limitation before ascension c. which abates after ascension c. by death of the tenant And the demandant brings another Precipe halfe a yeere within the yeere the tenant is essoyned de servitio Rs. which is admitted and after the expiration of that the Demandant comes to declare he shall not have advantage to declare the antient limitation Because the yeere is expired Two Parceners brought a writ of Aile before ascension c. upon the antient limitation and one had issue and dieth after ascension c. and the other and the issue brings a writ of Ayle within the yeere c. they shall not have advantage for to declare upon the antient limitation Because the ancester was grandfather to one and great grandfather to to other and therefore could not joyne and they shall not be aydedby the equality of the statute as in Mordauncestor A man brings a Precipe upon the antient limitation before ascension c. which abates by the death of the tenant after ascension and the Demandant brings another writ within the yeer and the tenant voucheth an infant within age of 19. yeeres by which the plea demurs and at full age the Demandant brought a Resummons against the Vouch the demandant shall not have advantage to declare against him upon the antient limitation Because the yeere is expired A man brought a Precipe upon the antient limitation before ascension c. against two tenants for life which abated after the ascension c. by the death of one of the Tenants the Demandant brings another writ within the yeer the tenant is essoined and after had the view and after the Demand declares the Ten. praieth in ayde of him in the reversion and had the ayde by reason whereof summons ad auxiliand issueth and the Prie is essoined so that the yeer is now past and now the Prie joyneth now the demandantshall have advantage to make his Declaration upon the antient limitation Because this is a new Declaration as against vouch and tenant by receipt but the Prie shall have oyer of the antient declaration nota differentiam A Precipe by him which was beyond sea tempore statuti c. upon the antient limitation brought within the sixe yeers the tenant voucheth an infant of the age of 15. yeeres by which the Parol demurres untill his age and after the vouchee upon a Resummons enters into the warranty the demandant shall not have advantage to declare upon the antient limitation Because the 6. yeers are past A Precipe brought by one within yeeres tempore statuti upon the antient limitation and they are at issue and at the habeas corpora or distringas juratores the Demandant is essoined within the yeer the Demandant shall have advantage to have the essoyne Fitz. tit. essoin. 20. E. 3. Because none can restraine him todelay himself A man brought a precipe against two Joynt-tenants upon the ancient limitation before Ascention c. which have the view and after Ascention the Writ is abated by the death of one of them the Demandant brings another Precipe against the other within the year and he demands the view again the Demandant shall have advantage to oust him of the view but contrary is it where the Demandant is non-suited or discontinueth and brings another Writ 12. E. 3. A Precipe quod reddat upon the ancient limitation against J. N. and W.S. before Ascension c. and the Writ abates after Ascension by the death of W. S. the Demandant brings another Precipe within the year c. against J. N. who said that the land was given to his father and to him and to the said W. S. which is dead and to the Heirs of his Father who died J. N. his Heir within age and praies his age the Demandant demurrs upon this matter he shall have advantage to oust the Tenant of his age Because the possession is by purchasenotwithstanding that the Fee be descended 30. E. 3. A Precipe brought within the year upon this branch of the Statute the Tenant voucheth within the year the Demandant sayeth that the Tenant is outlawed he shall have advantage by this matter to oust him of the voucher 25. E. 3. and the same Law is it that the vouchee is dead Because that voucher is in lieu of an action and a man out-lawed shall not have an action A Precipe brought by one upon this Article of the Statute against Tenant for life within a year which made default after default and he in the reversion prayes to be received the Demandant saith that he entred upon the land pending
life brings a Writ of errour and reverseth the judgement and an estranger enters and he in the remainder brings a formedon 60. yeares after the death of tenant for life the action well lyeth by the branch of this Statute which speaketh of 50. yeares Because the action is not accrued untill after the reversall and a Writ of error is not an action nor a release of actions is not a plea in this and he in the remainder shall have error by equity of the Statute by him in the reversion A man grants a seigniory in grosse to one in tayle the remainder over in fee by Fine the Tenant attornes and after aliens in Mortmaine the Tenant in tayle enters and makes a feoffement of the Land and dies without issue no Scire facias is accrued to him in the remainder of the Land nor of the Rent Because the Land was not given and the seisin was determined by the entryof the Tenant in tayle and the Statute of Mortmaine saith that Capitalis Dominus intrabit retinebit in feodo and therefore is a perquisite to him and the Booke of 44. E. 3. is no rule that a Scire facias shall lie of the tenancy in lieu of the services A man leaseth for life the remainder over in tayle the Tenant for life leaseth to Tenant in tayle for the life of Tenant in tayle who dyeth without issue the Tenant for life enters a sormedon in remainder is not accrued to him in the reversion Because the lease of the Mannor is not a surrender nor forfeiture tit. dowre Fitz. Park fo. 20.7 H. 6.4 A man leaseth for life the remainder in tayle the remainder in fee the Tenant for life grants his estate to him in the remainder in tayle and to I. N. he in the remainder in tayle dies without issue action of formedon is not accrued to him in the remainder in fee Because the tenant for life and I. N. are living and it is no surrender for the advantage of the survivor I. N. Gascoignes case 7. H. 6. The sixth Lecture Seisins and Trials What proofes upon such issues limited by the Statute shall be sufficient and contrariwise and what trials upon that shall be good e contra and who shall be bound by them and who shall take advantage and where the party may refuse the triall e contra And what maâ—ters shall lie in triall notwithstandstanding this Statute as before this Statute e contra DOwre they are at issue that the husband was never seised of such an estate of which she was dowable c. the wife proves seisin 61. yeares before the teste of the Writ this a good proofe of the seisin to recover notwithstanding this Statute Because that this is of the seisin of the husband and not of the party her ancestors or predecessors In an assise of Common they are at issue ne unque seise so that he might be disseised the plaintife said that I. N. was seised and grants to him in fee and because he had not Cattle of his owne hee puts in Cattle of others with the assent of the grantor this is a good proofe of the seisin to have an Assise 22. E. 3. p. 84. Dowre of rent they are at issue ne unque seise the plaintife prooves that the rent was granted by the husband in fee upon a proviso that if he die his heire within age that the rent shall cease during the nonage the father dyeth the son within age and takes the demandant to wife and dies before 21. yeares of age this is no good proofe of feisin Because the rent had not essens during this time and it is not like the case of 24. E. 3. where she was endowed with a cesset executio because there the husband was seised indeed and it is not like a Dowry of a seigniory in suspence as where the Lord marryeth his Tenant which is a woman he dies she shall be endowed of the seigniory but here the rent ceaseth by matter in fayt and not by matter in Law Dowre The parties are at issue upon ne unque seise c. the demaundant proves a lease for life made by an estr the remainder to her husband in tayle the tenant for life leaseth to the husband for life of the husband the husband dies the tenant for life enters and she brought dowre this is no proofe of the seisin Because it is no surrender nor forfeiture and the tenant for life which leaseth shall have the reversion in this case In dowre they are at issue upon the seisin the tenant shewes that the husband was his villeine and purchased wherefore he entred upon the husband the Plaintife sayes that this purchase and entry was during coverture and the husband dyed c. this is a good proofe of seisin to have dowre Because the title of the Lord is not untill his entry and therefore the wife had the elder title A woman hath issue a son and consents to the ravishor the mother leaseth to the son for terme of life by deed poll the son hath issue dies the mother enters the issue brings a Mortdan and theyare at issue upon the seisin the issue gives all the matter in evidence for seisin in fee upon the lawfull entry of his father this is no good proofe of seisin Because that he which hath but a title of entry and not a right of entry cannot be remitted In an Assise they are at issue upon Ne unque seise c. the Pl ' gives in evidence that I.N. holds the Land of him and was attainted of felony and that the King should have annum diem vast and grants it over the defendant enters upon the grauntee within the yeare and the Pl ' brings an Assise within the yeare this is a good proofe of the seisin Because he can have no other seisin during that yeare Assise they are at issue upon Ne unque seise the plaintife gives in evidence that the Land is demisable c. and that I. N. his testator was seised and demised to him being his executor to sell c. and dyeth the plaintife enters and the defendant ousts him and he brings an Assise this is a good proofe of seisin per judicium Because he had the fruit against anestranger untill the heire may espy a forfeiture and makes actuall entry Tenant by the courtesie of a rent charge granted to his wife in fee to bee paid at Michaelmas his wife dies before the feast he makes an Avowry the Tenant traverseth the seisin which is found for him the Tenant by the courtesie dyeth the heire of him and his wife distrain and makes an Avowry upon the same grant he shall not be bound by the same triall Because the judgement is only to recover damages and he claimes as heire of his mother and not as heire to the father and avoweth by the grant for the seisin is not materiall And because that he in the
aliens and dyeth 52. yeares before the statute the wife is beyond sea at the time of the Statute she had cause of action by a Cui in vita to use it within the six yeares 5. E. 2. Because he was seised in right of his wife before and he could not enter upon himselfe The nineth Lecture Because the Statute in the ninth Article is That if those which were Infants Fem. Coverts and the like die within age Covert c. no judgement or Determination had of such Titles Actions or Rights that their next heir or heirs shall have like liberty and advantage within the sixe yeers next after the death of the Auncester as the Auncester might have had within the sixe yeers c. It is therefore at this time to be seen what judgements shall make a Determination of the Action in such Cases and e contra and what Persons shall be aided by this branch and what not A Man brought a Writ of Mortdauncestor after Ascention 1546. upon the Auntient Limitation and within the sixe yeers c. because that he was an Infant tempore statuti the Tenant pleads darrain scisin in the Demaundant judgement c. the Demaundant pleads an Estoppel which is adjudged against him in another Terme by whichjudgement is given c. the Demaundant dieth this judgement is a good determination of this action against the Heire to have such action within another sixe yeers Because albeit he be not party to the Writ and to all actions yet he is barred as to this action because the Heir may have a writ of coufinage or besaile and not a writ of Aile because he is not within the degree c. and the writ shall say de quo I. H. proavus suus fuit seisitus die quo obiit c. He which was an infant tempore statuti brought a Formedon after Ascention c. and within the 6. yeers c. upon the antient limitation is nonsuited iudgement is given upon that and he dieth his issue shall have another formedon within another 6. yeers upon the the antient limitation notwithstanding this Statute Because this is no determination of the action nor bayle but the heire shall have another Formedon and so is the intent of the Statute ut patet by another clause of the Statute A man which was imprisoned tempore statuti brings a writ of Right upon a disclaymer against his Tenant which had disclaimed the Tenant pleads Faux latin to the writ by which the writ abates by judgement the demandant dies within the 6. yeers his heire shall not have another 6. yeeres to bring his action in upon the antient limitation Because the heir shall not have droyt sur disclaymer by the disclaymer to his father 22. p. 6. He who was beyond sea at the time of the Statute brings a writ of entry in the per upon the antient limitation after ascention c. the writ abates by judgement by the death of the Tenant his heir entred and the demandant dieth within the 6. yeers this judgement is a good determination of this action against the heir so that he shall not have such another action within another 6. yeeres Because he shall have that in the Per and cui and not in the per A precipe upon the antient limitation after Ascention by a Fem. which was covert at the time of the Stat. and within 6. yeers the tenant pleads excommunicationin the Demandant which is adiudged for a good plea the demandant dieth within the 6. yeeres his heire shall have an action upon the antient limitation within another 6. yeeres notwithstanding this Iudgement Because it is but a demurrer of the parol which is not peremptory A woman which was covert tempore statuti brings a Formedon in remainder upon the antient limitation after Ascention c. within the sixe yeeres the tenant demands oyer of the deed of remainder and demurreth for the not shewing of it which demurrer is adiudged against the demandant and hee dieth within the 6. yeeres the Heire shall not have another Formedon within another 6. yeeres Because this iudgement is a bar at the time of the monstration Fitz. 19. 2 3.172 7 H. 6.19 and the iudgement is that the demandant shall take nothing by this writ A writ of Entry in the quibus is brought by the heir against a termor which doeth nothing and against another which pleads non disscisivit the termor is acquited and the other is found guilty the Plaintiffe recovers this is a good determination against the Termor so that he nor his Executors shall not have an action nor remedy notwithstanding that he had a good Title to the terme and the Plaintiffe no title to the land A man which was imprisoned at the time of the Statute brings an Assise after Ascention c. and within the 6. yeers upon the antient limitation the Tenant voucheth another Record of Assise brought by the Plaintife against him in which he was barred the Plaintife pleads nul tiel Record and a Record is certified brought against the Demandant and his wife by which Iudgement is given against the Plaintife who dies within the 6. yeers this Iudgement is a good determination so that the heir shall not have an action within other 6. yeers Because it is a good bar and no fayler of Record Heir in Tayl which was within age at the time of the Statute brought a writ of Right after Ascention c. upon the antient limitation and within the 6. yeers and he and the tenant ioynes the miseupon the meer droyt and after the Demandant made default by which iudgement finall is given and he dies within the 6. yeeres there the heir shall have an Action within other 6. yeeres notwithstanding this iudgement For he shall have a formedon because the default was the act of the father which shall not preiudice the Issue in tayle by the Statute of Westm. 2. A man which was beyond sea at the time of the Statute brings a writ of right after Ascention upon the antient limitation and within the 6. yeeres the Tenant tenders the half-mark for to enquire of the seisin which is found for him and iudgement finall is given the Demandant dies within 6. yeers this is not a good iudgement to oust the heir to have an action within another 6. yeers Because he may reverse that by error 34. E. 3. tit. Iudgement Fitz. 2 E. 6. and the enquiry of the seisin was no Issue and therefore is cleere by the Statute of Ieofayles Tenant in tayle which was imprisoned tempore statuti brings a writ of Nativo habendo of a villain regardant afterAscention c. and within the 6. yeers upon the antient limitation the Defendant pleads Frank c. and gives an enfranchisement by the Plaintife by deed in evidence the Iurie possesseth for him the Plaintife is barred by iudgement and dies within the 6. yeeres this is no determination against the heir
the Stat. of 31. doth not make them capable which are expelled out of a house dissolved A woman sells her land to two by Indenture to have to one for terme of life and to another in tayle the remainder in fee and delivers the deed and after takes a husband and after he and the wife within the 6. moneths cause that to bee enrolled and acknowledge it to be the deed of the wife the tenant for life dies the husband holds possession a formedon in remainder is not accrued to him in the remainder By reason of the husbands interest A man seised of a rent grants that to another to him and his heires or to the heires of his body the remainder in fee provided that if the grantee die his heires females within age that the rent shall cease during their nonage the grauntee hath issue two daughters one within age and the other of full age and dyeth without issue male I. N. haps the rent action is accrued by a formedon in remainder to him in the reversion in fee Because one is of full age and therefore the rent shall not cease A man disseised of two Acres by the Bishop of L. and after releases to the Bishop and his successors the Bishop gives in tayle and dyeth the tenant in tayle dies without issue a formedon in reverteraccrues to the successor of the Bishop and not to his heire Because where he was a disseisor of the fee at the first to him and his heires the release enures to an entry and feoffement Land in Gavelkinde is given to one in tayle who take a wife and dies without issue the wife holds all in dowre by custome and dyeth xx yeares after the death of the husband I. N. enters he in the reversion brings a formedon in reverter 60. yeares after the death of the husband and after this Statute the action is well brought by this branch of the Statute Because the action is not accrued untill after the death of the wife and so is it taken within 40. yeares after her death A man of non sane memory made a feoffement in fee and after is made Bishop of R. the feoffeâ— enfeoffes the Bishop to him and his successors which gives in tayle the tenant in tayle dies without issue the Bishop dies a formedon in reverter is accrued to the heire of the Bishop and not to his successor Because by the refeoffement the Bishop was remitted for his entry was congeable A man gives in tayle the remainder in fee the Lord brings a restraint against the tenant in tayle and he appeares and leaseth and dies without issue a formedon in remainder shall not accrue to him in the remainder within the 50. yeares Because the Land is lost by iudgement by Statute Law of W. 2.21 A man leaseth for life the remainder in tayle to another the remainder in fee to the first Tenant by a Fine the Tenant for life dies and he in the remainder in tayle dies without issue I. N enters action is accrued by Scire facias within the 50. yeares to the heire of the tenant for life notwithstanding the seisin of his Father Because the fee was not executed 38. E. 3.21 A man leaseth for life upon condition that if the leasee hath issue in his life that the Land shall remaine over to W. N. it fee the leasor recovers against their leasee by a Writ of Waste and hath execution the leasee hath issue and dyethno action of formedon is accrued to W. N. Because the fee remaines in the leasor untill the tenant hath issue and then the recovery defeates the first Livery A man gives to husband and wife in speciall taile by Fine the wife dyes without issue the husband leaseth his estate to him in the reversion upon a condition and for the condition broken he re-enters and dyeth a stranger enters action is accrued to him in the reversion within the 50. yeares by Scire facias Because the execution of the estate is defeated by the entry by the condition and he in the reversion may well have an action 38. E. 3.19 A man leaseth for life the remainder in tayle to I. N. the tenant for life is disseised an ancestor collaterall of the Tenant in tayle releaseth with warranty and dyes without issue the tenant for life re-enters upon the disseisor and dyeth the disseisor re-enters a formedon in the remainder is not accrued to him in the remainder Because the entry of tenant for lifeshall not remaine the remainder which was bound by the discent of the collaterall warranty before the entry c. 44. E. 3. Lord and Tenant the Tenant dies without heire I. N. enters and leaseth to the Lord for terme of another mans life the reversion over in tayle cesty que vy dyeth a formedon in remainder is accrued to him in the remainder Because the Lord cannot be remitted because he had no right of entry but a title and he had disclosed his intent to the contrary A man levyeth a Fine of a Mannor for terme of life the remainder over in fee and after a tenant of the Mannor dyeth without heire the conusor enters in the Land and hath the Mannor the tenant for life dyeth he in the remainder shall have a Scire facias of the Mannor within the 50. yeares and recover the Land escheated against him which enters c. And here it shall be by the name of a Mannor because now this is parcell of the Mannor because it is come instead of the services yet if he enter in this parcell only it seemeth that a Scire facias will not lie of that A man demiseth Land to I. N. for life upon condition to be Chaplaine and to pray for the soule of the demisor the remainder to another in tayle the demisor dyeth I. N. taketh the profits by 6. yeares and is no priest the heire of the devisor enters I. N. dyeth a formedon in reversion is accrued to him in the remainder within the 50. yeares Because the entry by the condition which depends only upon one estate doth not defeat the remainder which was not tyed to the condition but contrary where there was no remainder Note the diversity A man leaseth to I. N. and E. his wife for life the remainder over in fee I. N. dyeth and it is enacted by Parliament that all estates made to the said I. N. shall be void and the wife 12. yeares after Act of Parliament dyeth he in the remainder 60. yeares after the Act may have a formedon in remainder by this branch of the Statute Because the estate of the wife nor the remainder are not void by the limit action not accruing untill after the death of the wife and it is brought within 48. yeares c. 5. H. 7.30 A man leaseth for life the remainder over in fee the tenant for life leeseth by erroneous judgement and dyeth and he in the reversion twelve yeares after the death of tenant for