dies within the term if the Issue being remitted to the Freehold of the Villain may enter into the Mannor and out the Villain Upon a plea in Bar of an Assize the parties are adjourned and after the Tenant pleads a Release made after the Darrein Continuance bearing date in a forreign County and after at the Venire fac return'd the Tenant pleads that after the Darrein Continuance he hath purchased the Mannor to which the Plaintiffe is a Villain he shall not have this plea for he shall not delay the Plaintiff by his plea but once where the matter of fact happens de puisne temps for he is at no mischeif if his plea be true But in shewing a Record after he shall plead it if it be in the same Court. And here the Villain shall not be enfranchized for the Plea was pleaded before which now he ought to maintain but if he answers his Villain de Novo that is an Enfranchisement Voucher THe youngest son of an Abator hath Land by descent by the custom of Borough English or by reason of an Estate tail made to his Father and a second Wife in a Mortdancester brought against him he shall vouch notwithstanding the Counterplea given by the Statute for the Statute extends but to Heirs at common Law and therefore if an Abator hath Issue two Daughters and makes a Feoffment and dies and one of them takes a Feofment and an Assize is brought against her she shall vouch for she is not sole Heir but if she had been sole Heir then cleerly she shall not vouch though she doth not come to it as Heir And if an Abator and a stranger being Tenants in a Mortdancester vouch they shall have the Voucher If Feoffee with Waranty to him his Heirs and Assigns makes a Lease for life the Tenant for life in a plea vouches the first Feoffor and recovers in value Land held of the Feoffee if the Feoffee shall have his Seignory For if the Reversion of the Land recovered be in the Feoffee then he shall not avow and if he shall not Quaere if Lessee for life shall vouch as Assignee being that he hath not all the Estate And it is cleer if the Feoffee had made a Lease for life the remainder in Fee the Lessee shall vouch as Assignee and if he recovers in value the remainder shall be in him in whom it was before 28 Ass p. 18. 11 Ass p. 3. If the younger brother and a Stranger abate and the Stranger dies now a Mortdancester doth not lie or if an Abator makes a Feoffment and retakes an Estate to himself and another and the other dies the Voucher does not lie for him and yet before an Assize of Mortdancester and Voucher did lie If a Feoffment be made with Warranty to one his Heirs and Assigns the Feoffee makes a Feoffment over the second Feoffee enfeoffs the Son of the first Feoffee he shall vouch for he may be Assignee of his Father being he does not come in as Heir Lord by Escheat Mortmain or of a Villain c. shall not be said Assignees Land is given to Husband and Wife and to the Heirs of the Husband he makes a Feoffment with Warranty and dies the Wife brings her Cui in vita the Feoffee vouches and recovers in value by reason of the Warranty after the death of the Wife he shall vouch again by reason of the Warranty aforesaid So if a Woman brings a Writ of Dower and the Feoffee vouches by reason of the Warranty he shall vouch again after the death of the Wife because the Voucher and Recovery in value was onely in respect of the Freehold but if he had once recovered in value of the Fee he should never vouch again by reason of the first Warranty for he hath the effect of it and also the Warranty is gone with the Estate But if Tenant in Frankmarriage recovers in value he shall vouch again but it is otherwise of Tenant for life If Tenant in tail to him and his Heirs Females the remainder to him in Fee makes a Feoffment with Warranty and dies the Heir Female recovers and the Feoffee recovers over in value he shall vouch again after the Estate tail is spent by reason of the first Warranty If the Tenant vouches and at the Sequat sub suo periculo the Tenant and the Vouchee make Default whereupon the Demandant hath Judgement to recover against the Tenant and after he brings a Seire fac against the Tenant to execute the Judgement if the Tenant shall have a Warrantia Chartae against the Vouchee But if a stranger brings a Praecipe quod reddat against the Tenant some think that he shall vouch for by the first Voucher and the Judgement given against the Tenant the Warranty was not defeated nor the possession of the Tenant but if the Tenant had judgement to recover in value against the Vouchee he shall never vouch again by reason of this warranty for the warranty hath lost its force being he had Judgement to recover in value by reason of it for if he should recover again he should have 2 Recoveries upon one warranty It was holden cleerly that if the tenant hath Judgment against the Vouchee he shall recover no land in value but that the Vouchee had at the time of the Judgment And note upon a Summoneas ad Warrantizand if the Sheriff returns the Vouchee warned and he makes default the Tenant shall have a Cap. ad val and recover in value but if he returns that he hath nothing then after the Sicut alias pluries a Sequatur sub suo periculo shall issue and there if the Vouchee makes default he shall not have Judgement to recover in value for the Warranty is not confessed and it is uncertain whether he had any thing but in the Cap. ad val it appears that he has Assetts A. seised of two Acres at Common Law and one in Borough English and makes a Gift in tail to a Stranger of one of the two Acres and dies the Donee is impleaded and vouches the eldest Son and recovers in value the other Acre out of his possession as he shall do in this case being he vouches him alone and not the youngest where the eldest hath assetts the question is if he be impleaded for that Acre he hath recovered if he shall vouch the eldest and the youngest If that Acre in Borough English shall be lyable by reason of the said Warranty in Law being it is not the Warranty which descends but the Warranty in Law commenceth first in the Eldest Son for the Recovery in value shall be said in lieu of the first Land given yet it is always to be intended having regard to the estate of the Reversion descended from the Father the Reversion left in the Eldest Son and then the Acre of the youngest is not lyable to that Warranty So if the Father had given a Seignory to the Eldest Son in tail and died seised
Assets in the Heir in a Formedon or Debt for the remainder was never in the Mother for it commenced after her death But if a Rent Charge be granted to I. to commence after his death 't is otherwise for the Heir takes it by descent If Executors have a Villains in right of their Testator and enter into Land purchased by him it shall be Assetts although they have a Fee as Land descended to the Heir shall be Assetts to a Chattle viz. to a Debt of a Stranger The Grantor of a Rent Charge in taile einfeoffes the Grantee of the Land who makes a gift in tail of the Land rendring so much of the Services as he payâ— over to the Lord Paramount it seems that these Services shall be Assetts in the Heir for they are particularly reserved for the Land Assignee IF a Feoffment be made with Warranty to the Feoffee his Heirs and Assigns if he makes a Feoffment over and the second Feoffee re-enfeoffes the first Feoffee he shall vouch for he may be Assignee of his Father being he does not claim as Heir And the Lord by Escheat or Mortmain or of a Villaine or who enters for a Consent to a Ravisher shall not be said Assignees and yet they shall Rebutt If Tenant in tail be with Warranty to him his Heirs and Assignes his Feoffee in Fee shall not be said Assignee for he hath no part of the Estate tail If Land be given to One and his Assignes for ever and it is ganted to him and his Assignes that they shall have twenty Load of Wood yearly for ever Tenant for life grants over his Estate and dies the Assignee shall not have the Wood because his Estate is now determined Attainder A. Dyes leaving two Daughters the one is attainted of Fellony a Lease is made the remainder to the right Heirs of A. the other shall not take the Daughter that was attainted being living for one is not Heir alone but if the Father dies seised of Land a moity shall escheat If the Mesne grants the Mesnalty upon condition that if the Grantee pays a certain sum of Money to the Grantor that he shall have Fee and before the Day the Grantor is attainted of Felony and executed yet the Grantee shall have Fee for the Condition is become impossible to be performed by the act of the Grantor But if a Jointenant makes a Lease for five yeares upon Condition that if the Lessee does such an Act he shall have it for twenty years and before the day the Lessor dies now the Condition is void by the Surviver If a man grants a Rent Charge to begin at a day to come and before the day the Grantor is attainted of Felony yet the charge is good If a Remainder be limited to the right Heirs of A. who hath a Daughter and dies who enters and after a Son is born and attainted yet the Remainder shall not be devested out of the Daughter The Son endowes his Wife Ex Assensu Patris the Son is attainted of Felony it seems that the Wife should not retain her Dower for 't is the Dower of the Son for she claimes it from the Son and if she brings a writ of Dower of it Ne unques accouple in loyall Matrimony is a good Plea and if there had been a disseisin of it a Collateral Warranty shall be no bar to the Wife for she pretends no Title to it but by the death of her Husband and then the Warranty descends before her Title for if it descends after her Title it shall be a good bar And if she after her Dower so assigned be attainted of Felony and after hath her Charter of pardon for her life and after the Husband dies she shall retain her Dower for her Interest in it commenced after her Pardon And yet by her Attainder she forfeited all her Inheritance Free hold and Chattles Real If an Attainted person be enfeoffed to the use of another the possession cannot vest in the other but must escheat but he which is Attainted may be an Atturny Grandfather Father and Son the Father is Attainted of Treason and dies and after the Grandfather dies seised of Land the Lord of whom the Land is holden shall have it by Escheat and not the King For the Father had it not at the time of Attainder And being that the Grandfather dyed without Heir the Land shall Escheat So it is if the Father be Attainted of Treason and the Grandfather dies leaving the Father The Issue in tail is Attainted of Felony and is pardoned and his Father dies and a Stranger having cause of Action against whom he shall bring his Action is the Question Some say that the Donor hath the Free-hold in Law as if Tenant in tail dies leaving his Wife Enseint Others say there is none against whom the Action may be brought as if Tenant for Life grants over his Estate to B. who dies now before Entry there is none against whom the Action may be brought Tenant in tail makes a Feoffment within Age and is Attainted of Felony his Issue shall not enter for he is disabled in blood to take advantage of the Infancy because the Infant had no Heir A. Covenants upon a Marriage to stand seised to the Vse of another and before the Marriage the Covenantee is Attainted of Felony yet upon the Marriage the Vse will rise as a Lease for life with a Condition of Accruer if the Lessor be Attainted yet the Estate shall enlarge Tenant is tail is disseised and releaseth to the Disseisor with Warranty and then is Attainted of Felony and hath a Pardon and dies this is a Discontinuance for if he had purchased Land after his Pardon it should descend to his Heir then the Warranty being in Esse at the time of his death there is no Impediment but that it should descend But if Tenant in tail who hath a Warranty annexed to his Estate be Attainted of Felony and Executed his Issue shall not Inherit the Voucher by reason of the Warranty although he hath the Land for the Warranty is our of the Statute de Donis c. which speaks of Lands and Tenements But some think that by the Equity of the Statute it is preserved as well as Charters 21 H. 6. 2. p. Markham 9 H. 6. 60. Cott. p. Charters Tenant in tail makes a Lease not warranted by the Statute and dies the Issue accepts the Rent and is Attainted of Treason if the King shall avoid it Quaere If the Grandfather be Tenant in tail and the Father is Attainted of Treason and Executed yet the Son shall Inherit as Heir to the Grandfather If A. commits Felony and the Lord grants his Seignory and after A. makes a Feoffment upon Condition and is Attainted and hath a Charter of Pardon and after re-enters for breach of the Condition and dies If an Occupant shall have the Land the Issue or the Lord is the Question Atturnment TEnant in tail
is void as to the Wife and good to the Stranger though the Livery were made to the Stranger in the name of both Three Jointenants and one gives his part with his Daughter to his Companion in Franckmarriage and by the same Deed releases to them in Frankmarriage and makes Livery this is a good gift in Franckmarriage by some for notwithstanding one Jointenant cannot enfeoffe his Companion yet he may enfeoffe his Companion and another and the Livery made to the other shall vest the Land in both and that is for the advantage of a third person As in Gascoignes case 7 H. 6.3 It was not a surrender for the advantage of the third Neither in 21 H. 7. 41. for the advantage of the Husband So it shall not be void here for the advantage of the third person But others are of a contrary opinion and they say the Husband cannot take it immediately from his Companion and therefore it is void as to him and good as to the Wife the other part of the Deed viz. the Release will inure to the Husband And here both the things make the Frankmarriage good for the Livery and the Deed may be delivered both at one time If the Husband be Tenant for life and the Reversion be granted to him and his Wife the Fee remaines in them in Jointure for there be no Moities between them Land is let to Baron Fem Habendum the one Moity to the Husband the other to the Wife the Land is confirmed to them in speciall tail rendring a Hawk the Lessor shall have two for the Baron shall have one Moity of the Inheritance for his possession was severed from the possession of the Wife viz. in the one Moity So that of that Moity the Husband is seised in speciall tail and the Wife hath nothing Of the other whereof the Wife was Tenant in Common with the Husband the Baron was thereof seised in Right of his Wife then he had a sufficient Estate whereupon a Confirmation might inure jointly to them If Land be given to the Baron for life the remainder to the Wife for life and their Estates are confirmed in tail The Baron shall have one Moity in tail only he and his Wife the other Moity and yet the Tail is not executed for any part Quaere for this is a good case If Husband and Wife make a Lease of the Wives Land rendring a Rent the Husband distreins and Avowes and dies the Cattle are discharged for they do not belong to the Executor being they are but a Pledge and the Wife is to have the Duty and therefore the Executor cannot detain the Pledge and it is not like the case where the Husband recovers upon an Obligation made to him and his Wife 33 H. 6. 48. Although the Husband can give nothing to his Wife immediately yet if a Disseisoress makes a Lease for life the Remainder to her self in tail the Remainder to A. in Fee and after marries the Disseisee who Releases to the Tenant for life this shall inure to the Wife A Reversion is granted to Baron Fem and to a single man and woman in Fee the single persons marry and the Tenant atturns then the single Man and Woman are divorced the Baron Fem shall have but a third part If a man makes a Feoffment to A. and a Fem sole With a Letter of Atturny to deliver Seisin and before Livery they entermarry they shall take by moities Land is given to A. and B. his Wife and to another Baron Fem in Fee they are disseised and A. releases to the Disseisor and then A. and B. are divorced for cause which hath Relation B. and the Baron Fem bring an Assise leaving out A. and some think it is maintainable for when A. and B. are divorced yet the other Baron Fem shall hold the Moity to them for being the purchase took effect and vested by the Livery and at that time the Baron Fem not being divorced took a Moity that remaines still for to all Strangers A. and B. shall be said to continue Husband and Wife for if a Stranger had bought the Goods of the Wife and then they had been divorced yet he shall retain the Goods as it is held in 26 H. 8. And if the Husband had made a Feoffment the Wife could not have an Assise against the Feoffee but must bring her Cui ante Divortium A Reversion is granted to a man and a Fem sole and they marry and the Tenant atturns they take by Moities for the Atturnment does operate upon the Deed so if they marry before Livery is made If Baron Fem make a Lease for life and pray to be received and the Husband makes Default and upon his Default the Wife is received now she admits the Discontinuance yet if she be barred she shall have her Cui in vita for she had not Title then to have a Cui in vita for that accrues by the death of her Husband If a Feoffment with Warranty be made to a man and a Fem sole and they marry and are impleaded and Recover in Value the Husband dies they did not take by Moities If Land be Bargained and Sold to a man and a Fem sole and they marry and the Deed is inrolled there they take by Moities for it hath Relation But if Baron Fem Tenants for life before the Coverture recover in value by reason of the Reversion with the Rent they shall take the value by Moities But if a Lease be made to a Man and a Woman for life upon Condition to have Fee they marry and after performe the Condition they shall not have Moities in the Fee If a man be seised of Land in right of his Wife and Warranty is made to them and the Heirs of the Husband and they recover in value there shall be no Moities for the Recovery in value must be according to the nature of the Estate If a Fem being Tenant for life marries and the Husband atturns to the grant of the Reversion and then he is Divorced yet it will binde the Wife If a Woman hath a Lease for twenty years and the Lessor confirmes to the Husband for forty yeares who dies she shall have the Residue of the twenty years The Husband hath a Term in right of his Wife and grants so many years as shall be behind at the death of him and his Wife Quaere if this be a good Grant The Husband is bound in a Statute and after he and his Wife levy a Fine of the Land of the Wife to A. the Husband dies the Land shall not be extended in the hands of A. for nothing passed from the Husband but the Estate which he had during the Coverture and A. shall have the same Benefit the Heir of the Wife should have had But if the Husband had made a Lease for yeares or granted a Rent Charge before the fine levied there the Conisee should never have
and in common and not jointly But if the Discontinuee enfeoffs the Issue in tail within age and another and makes Livery to the Infant in the name of both though the Infant be remitted for a moity yet the other moity vests in the other and they are Tenants in common for their Capacities are not several but they take severally by the operation of the Law Cessavit IF the Tenant ceases for twenty years a Cessavit cannot be maintained but for the two last years before the Writ And therefore if the Tenant ceases for two years and marries and the Lord recovers in a Cessavit and the Tenant dies the Wife shall be endowed against the Lord for the Cessavit cannot be maintained for the Cesser before the coverture and so the Title of Action shall not have Relation c. but is grounded upon the Cesser two yeares before the Writ purchased and part of it was during the Coverture and then the Cesser of the Husband during the Coverture shall not prejudice the Wife of her Dower But Quaere if the case be not â—alsly put for it should rather have been that the Baron ceases one year before the Coverture and another year after and then the Cessavit is brought Cessante Causa c. THe Seignoress seises the Body and Land of the Tenant and after marries the Villain ingross of the heir and they commit wast the Heir brings an Action of Wast 't is cleer that his body is out of Ward and being that the Land is in Ward because an Infant cannot perform Knight Service and so the cause is executory and in consideration that the Signory remains and now the Signory during the Coverture by the intermarriage with the Villain is determined in the Tenancy and so the Freehold and Inheritance of the Seignory is merged in the Tenancy by Act in Law notwithstanding that the possession of the Seignory is suspended by reason of the chattle in the Tenancy viz. the Wardship of the Land because that the Husband shall be Tenant by the Curtesy and may be granted over notwithstanding the suspension by reason of the Chattle in the Tenancy by the same reason it shall be a Release in Law to the Lord of the Villein by Act in Law and therefore the land shal be out of Ward for Cessante c. If the Lord of a Villain gives Land in ancient Demesne to the Villain and afterward the Lord reverses the Fine by disceit the Manumission is gone for the conveyance by the Fine which was the cause of the Manumission being vacated the Effect falls to the ground Common v. Apporcionment Condition A Having two Sons makes a Gift in tail to the Eldest the Remainder in see to the Youngest on condition that the Eldest shall not make a Feoffment with warranty to the intent to bar him in Remainder and if he does that then the yongest and his Heirs shall enter the Eldest makes a Feoffment with Warranty the Father dies and the Eldest dies without Issue the yongest may enter for the entry given to the youngest is void and then the Heirs of the Feoffor are to enter then the Father having cause to enter and he being dead the Condition is in suspence in the Eldest and revived by his death v. 41. E. 3. 21. and given to the youngest for the Condition was not extinguished by the Feoffment and the Warranty does not bind Titles of Entry But if the Feofment had been after the death of the Father then the Condition had been extinct If I am Lessee for the life of C. and grant my estate to D. upon Condition that if D. dies living C. that it shall be lawful for me to re-enter Quaere if this Condition be sufficient for me to enter upon an Occupant The Mesne grants the Mesnalty upon Condition that if the Grantee pays c by such a day that then he shall have Fee before the day the Grantor to whom the money was to be paid is attainted yet the Grantee may perform the Condition and enjoy the Fee A Lease for life is made upon Condition that if the Lessor grants the Reversion the Lessee shall have it in Fee The Lessor grants the Reversion by Fine to one for life the Grantee shall have it for life and the Lessee shall have it after the death of the Grantee and not before But if the Condition had been that if the Lessee pays twenty pounds c. there he shall devest the possession out of the Grantee Note the diversity If the Husband having a Lease for twenty yeares in right of his Wife grants two years upon Condition that the Grantee shall not grant over his term and if he does that he his Executors and Assigns may re-enter the Husband dies the Lessee grants over his term the Executors of the Husband cannot enter for it is a Condition annext to the Reversion and if they do enter they defeat the Wives Reversion The Eldest Son cannot enter where the Reversion descends to the youngest Son by Borough English or speciall tail Nor the Heir on the part of the Father where the Land goes to the Heir on the part of the Mother nor the Executor of one Jointenant where the Testator made a Lease upon such a Condition and died for then he should devest the Reversion out of the other which cannot be And in the principall case the Wife cannot enter for she is not privy to the Condition neither doth she claim under the Estate of the Husband As if one Jointenant grants his part for yeares upon such a Condition the Survivor cannot take advantage of it But if the Husband had granted over all the years upon such a Condition or the Father had made Feofment of the Land in Borough English he should enter for he claims by the Father Some think the Condition is extinct as if a man makes a Lease for years upon Condition ut supra and dies having a Son and a Daughter by one Venter and a Son by another the Eldest takes the Rent and dies now the Sister shall have the Reversion and the Condition is gone for she is not Heir And a Rent is incident to a Reversion and passes by the Grant of it but so doth not a Condition A Feoffment is made upon Condition to re-infeoffe the Feoffee charges the Land the Grantee brings a Writ of Annuity and Recovers the Feoffor enters 44 E. 3. 9. If A. be bound to pay ten pound to B. and he releases ten pound which he ought him yet this is no performance for there ought to be a payment in Fact And therefore if one be bound to Release a Rent Charge which he hath out of the Mannor of D. and he purchases an Acre now the Rent is extinct and yet the Condition is not performed But If I am bound to enfranchise my Villaine and I bring an Action against him the Condition is performed So if I am bound to discharge an Obligation
of Land in Borough English which descended to the youngest Son and after the Tenancy escheats the Eldest being impleaded vouches himself to save the Intail but if the Land of the youngest shall be lyable is the question Lessee for life the remainder to the right Heirs of A. who is dead having a Daughter his Wife enseint with a Son the Lessor warrants the Land in forma praedicta the Son is born the Daughter cannot vouch by reason of the Warranty for the Warranty is a thing executory which cannot be deraigned but by the right Heirs of A. For if a Feoffment be made to the Son with Warranty and he dies without Issue and the Land comes from the Unkle to the Father he cannot take advantage of this Warranty as Heir to his Son so if Possessio Fratris makes the Sister Heir she shall not vouch 35 H. 6. 34. Danby but he shall be voucht as Heir for the possession so shall the Father so shall the youngest Son in Borough English but shall not vouch Vide Fitzh Voucher 94. 35 H. 6. 33. If Land be given to two brothers in Fee with Warranty to the eldest the eldest dies having Issue and the youngest dies without Issue the Issue of the Eldest being his Heir and he enters he shall not take advantage of this Warranty by Voucher or Rebutter for the Warranty was void having regard to the Survivor because his Title hath relation before the Warranty If the Eldest Son is voucht as Heir to the Warranty and the youngest as Heir in Borough English and the Eldest voucheth over if the Eldest or the youngest shall have the Recompence in value It would be unreasonable that the eldest should have it for he lost nothing for by the law the tenant cannot sue Execution against the Vouchee untill the demandant hath sued execution against him and in this Case execution was never sued against the Eldest for he hath no land and the youngest hath not the warranty by descent though he hath the land and so he cannot vouch and therefore it is hard he should be bard by it Wast LAnd is given to Baron Fem and to a third person the third person releaseth the Fem all his right and the Baron Fem makes a Lease of the whole for yeares and brings a writ of Wast against the Lessee The Lessee is not punishable in Wast if a house falls that was ruinous at the time of the demise and he may cut Trees to repair it so he may do if the Lessor covenants to repair it vid. 12 H. 8. 1. If a house with land is let upon which is a Wood without impeachment of wast for the house yet if the house becomes ruinous he may cut timber for the reparation and a Lessee may take timber for fier-boot if there be no other wood quod vid. 21. H. 6. 47. If a man makes a lease upon condition or that the Lessee is bound in an obligation not to do wast and that his estate shall cease If a Stranger commits Wast that is no forfeiture of the Lease for the condition extends only to the person of the Lessee vid. 3. H. 6. 17. But if a stranger commits Wast upon the Lessee for years or Guardian in Chivalry they shal render treble and shall lose the ward but Guardian in Socage shall not be punisht for wast of a stranger for the heir himself shall have an action If a Lease is made for life the Lessor dies having two Sons by divers venters the eldest grants to the Lessee that he shall be dispunisht of wast yet that shall not bind the youngest for he does not claim as heir to his brother but as an heir to his father who was last actually seised Fem tenant for life the remainder for years to I. S. who marries with the Fem and Commits wast quaere if the land be lost If tenant for life makes a lease for years and after enters upon the termor and commits wast and the Lessor recovers the Lessee shall lose his term A man shall not be punished for comming on the land to see if wast be committed The heir makes a Lease for years wast is committeed the wife recovers in Dower the heir shall have an action of wast in the tenuit A man makes a lease for twenty yeares without impeachment of Wast and the Lessor confirmes for forty years the Lessee shall be dispunisht for twenty years A man makes a lease rendring rent on condition that if the rent be behind that the Lessor shall reenter and retain until he be satisfied the rent out of the profits the Lessor doth enter and a stranger commits wast and then the Lessor is satisfied of the rent if the wast be punishable If one doth devise his lands which he hath for years and dies the Executors commits wast and then agree to the devise an action of wast lies against them notwithstanding the relation So if Lessee for years grants his term upon condition and the grantee commits wast and the Lessee for years enter for the condition broken yet wast lies against the grantee Where a man hath election to take two estates his committing of wast will be a determination of his election If there be Lessee for life the remainder for life and the Lessor grants the reversion to him in remainder quaere if he shall have an action of wast If Tenant for life makes a lease for years and enters and commits wast the tenant for yeares leases his term wast by the assignee of an infant or fem Covert shall take away the special right of Infancy Coverture or condition but otherwise if it had it been made by themselves Warranty GRandfather Father and Son the Grandfather makes a lease of an Acre for life and dies the Father being tenant in taile discontinues it in Fee with warranty and dies the tenant for life dies the Son enters into the Acre after his death and brings a Formedon the warranty of the Father with this Assets seemes no barr The discontinuee of a tenant in tail makes a Feofment on condition and a warranty collateral is made to the Feoffee of the discontinuee the discontinuee enters for the condition bro ken the issue hath no remedy against him If a Collaterall Warranty descends within a year upon him that hath Title to enter for Mortmain he cannot enter after for if he himself had re leased he could not have entred and the Warranty will bind him as well as his Release but Quaere if a collaterall Warranty extends to a Title of Entry If a man devises Land with Warranty that is void because the Father himself was not bound A Warranty made to a Disseisor is not destroyed by the Release of the Disseisee A Collateral Warranty shall not bar Execution of a Recovery in value for it is but a Title to which a Warranty does not exâ—end no more than to bar a Title of Entry for consent to a Ravisher or
esse at the time but if upon a rescous she brings an Assize and after is nonsuited and after the Tenant makes a Feofment of the Land with warranty that warranty will extend to the Rent Quod nota A man dies seised of an Acre in Borough English in tail having three Sons the youngest enters and makes a lease to the second for years who makes a Feofment with warranty and dies without Issue the yongest dies without Issue the eldest brings a Formedon if he shall be barred by the warranty It seems though the warranty descends upon the eldest where it was a disseisin to the youngest yet when the right of the Land comes unto him he shall say that the warranty comences by disseisin because he is now privy to the warranty and to the estate for if the Father seis'd in fee makes a lease to the Grandfather for years who makes a Feofment in Fee with warranty and dies and the Father dies that warranty shall not be a bar to the son because it comenc'd by disseisin to him whose Heir he is And if a man hath Issue two Sons the youngest makes a Lease for years to the Father who makes a Feofment with warranty and dies and after the Eldest dies without Issue and the warranty descends upon the youngest that shall be no bar because it comences by disseisin and though the Land doth come immediately to him upon whom the warranty descends as it was in the principall case or although the warranty doth not descend upon the Tenant of the land immediately as heir to him thatmade the warranty yet all is one Warranty which ommences by disseisin and wrong is made to him in the interim upon whom the warranty descends after although that wrong was not a dissesin to him yet it is a warranty which commences by disseisin As if an Ancestor Collateral to the Donor desseise the Donee to the intent to make a feofment with warranty which is done accordingly and the warranty descends upon the donor and after tenant in tail dies without issue in a formedon in reverter the warranty shal be no bar because it commences by disseisin to the tenant in tail at which time wrong was made to him in reversion and therefore he shalsay that the warranty commences by desseisin tamen vid. 30. E. 3. 12. But if a man makes a feofment with warranty and dies which is a disseisin to a stranger the heir of the Feoffor if he hath not the right of the land descended to him after shall be vouched for the warranty then in the principal case if the eldest cannot say that the warranty commences by disseisin yet it shall be lineal against him for by possibility he might have made himself 〈◊〉 to him that made the 〈…〉 for the land doth descend to the youngest heir as well as to the youngest Son and so to the youngest unkle for the reason is all one for the young'st brother shal be in as youngest Son to the common Ancester but some say there is not any reason in these two cases If tenant in tail is desseised and release to the desseisor with warranty and after is attained of felony and hath a Charter of pardon and dies it â—â—â—ms it is a discontinuâ—â—ce for if he had purchaseâ— land after his Charter it would descend to his heir which proves that the blood betwixt him and his heâ—â—â—â—ot corrupt as it is between him and his Ances 〈…〉 then the warranty being in esse at the time 〈…〉 death there is no iâ—pediment but that 〈◊〉 descend But if tâ—nant in rail who hath a 〈◊〉 annexed to hâ—s estate be attained of sel 〈…〉 executed many think his issue 〈◊〉 not iâ—herit the voucher for the warranty 〈…〉 th the land for the warranty is out of 〈…〉 de Donis Condit which 〈◊〉 of 〈…〉 ements which are given upon addition 〈…〉 sowd thinks the contrary for by the equity 〈…〉 statute it is pres 〈…〉 as well 〈◊〉 Charters 〈◊〉 1. H. 6 20. per M 〈…〉 60. b. C. 〈◊〉 for Charters Feoffee with 〈…〉 by the Feoffor who dies sell 〈…〉 he issues who brings a wâ—â—â— of 〈…〉 â—oyned upon the mecre 〈…〉 the 〈…〉 barred for if the Feoffee 〈…〉 â—â—mpleaded 〈◊〉 â—â—ranger shal arraine the wâ—â—◠〈…〉 aganist 〈◊〉 Issue is the question