in which I am bound to A. if I purchase the Mannor to which A. is a Villein regardant the Condition is discharged for the word Discharge refers to all manner of Discharges If I am Infeoffed upon Condition that I shall not Alien to A. and I suffer him to recover it Feintly or if I cease so that he being my Lord recovers in a Cessavit or if I acknowledge my self to be his Villein or if I make a Feoffment with Warranty so that that Acre is recovered by him in Value yet the Condition is not broke for it extends only to Alienations in Fact If I make a Gift in tail upon Condition that the Donee shall not suffer a Feint Recovery if it be not to the benefit of his Issue and after in a Feint Writ he vouches and a Recovery is had against him and he recovers in Value and hath Execution and that is to the just value onely the Condition is not broke But if the Donor had been voucht it is cleer be should not have entred for he shall not say that the Recovery was Feint when he was voucht and made a party to the breach of the Condition and he cannot enter into Warranty saving the Condition which is not broke for it is but a possibility Land is given in tail to the Heires Males of the body of the Donee upon condition if he dies without Heirs Females of his body that the Donor shall re-enter the Condition is void for he cannot have Heirs Females so long as he hath Issue Male. A Lease for years is made upon condition that the Lessee shall not Alien without the consent of the Lessor he gives him leave to grant over his Estate upon Condition and so he does and enters for the Condition broke he may after grant it over without his consent for the Condition is performed 32 H. 6. 10. a. A Rent charge is granted upon Condition the Grantor makes a Feofment of the Land the Condition is broke the Rent is arrear if the condition be extinguisht by the Feofment being the Feoffor cannot have it in the same manner as he might when the Grant was made But if the Grant had been upon Condition which if not performed to cease the Feoffee shall have Benefit of it If a Feoffment be made upon Condition that the Feoffee shall make a gift in Frankmarriage with the Cosen of the Feoffor this seems to be a void Condition Quaere if he must not make an estate for life So if it had been to make such a Gift to a Religious person If a Feoffment be made upon Condition the Feoffee makes a Lease for life and dies and the Reversion dessends to the Feoffor Quaere if the Condition be extinct The Mortgagee enfeoffs the Heir of the Mortgagor in Mortgage also to be first paid after the first day the first Mortgager dies the Heir tenders the money to the first Mortgagee at the day and he refuses and he tenders the money to the Heir c. and he refuses Some think the Son may perform the Condition for it is not suspended being a Collateral Condition Vide 21 E. 4. the case of a Corody and the payment ought to be made to the Mortgagee though he hath made a Feoffment of the Land to the Executors and not to the Heir as it shall be and 17 E. 3. 2. is not Law And upon the first refusall the heir is not remitted for he shall not be remitted upon a Title If the Tenant atturns upon Condition which is broke by the Grantee yet the Reversion is not devested for the Assent cannot be conditional for he doth not claim the Reversion from him that atturns neither can it be made conditionall by the Act of a Stranger to the grant for if Tenant in tail makes a Lease for years rendring a Rent and dies and the Issue accepts the Rent upon Condition that it shall not prejudice his Entry to avoid the Lease yet he shall avoid the Lease for the Assent is a thing executed which wil not suffer any Condition performable But if the Condition be precedent to the Assent the Condition is good But a Release of Right may be upon Condition as a Release of the Seignory to the Tenant upon condition So of a Release upon condition from one Jointenant to his Companion for there the thing vested in his person is devested unto which a Condition may be annext But otherwise of an Assent And if the Patron assent to the charge of the person upon Condition that is good because the Assent is an Interest in Law If a Gift in tail be made upon Condition the Donee shall make a Feofment which is done accordingly yet the Issue shall have a Formedon for if the Condition be not performed the Donor could not have entered and when it is not performed yet the Estate of the Issue shall not be defeated If a Lease for life be made with such a Condition yet the Lessor may enter for the forfeiture if the Feofment be made So if the Lease had been made upon Condition that he make a Feoffment all is one If an Infant be infeoffed upon Condition to enfeoffe another which is done accordingly yet the Infant may enter for he hath performed the Condition If two are infeoffed upon Condition to infeoffe A. if one does infeoffe him of the one Moity and the other of the other Moity the Condition is performed for the Intent is fulfilled If a Lease for life be made with a Condition of Accruer if before the day the Lessor be attainted yet upon the performance of the Condition the estate enlargeth If a man hath Land by descent on the part of his mother and makes a Feoffment upon Condition to be performed on his part or the Heirs on the part of his Father and the Father dies so that the Land descends to him the Condition is extinct although he dies without Issue for notwithstanding he had the Land from his Mother yet the Condition goes to the Heirs on the part of his Father being a new thing As if a Feoffment be made upon Condition of Land in Borough English the eldest Son shall not enter for the Condition broken as the Heir male must do where a Condition is descended upon the Heir Female But on the other side if the Son makes a Feoffment to his Mother of Land descended to him from his Father and after the Mother dies and the Son dies without Issue the Heir on the part of his Father must perform the Condition and the Heir on the part of his Mother shall have the Land in the mean time and if the Condition had been broke in the life of the Mother it had been all one and the Heir on the part of the Father should have entred for the Son is not remitted by the Descent The case was after the entry the Son granted a Rent Charge and died without Issue if the Heir on the part of the Father
shall hold it discharged and some think he shall If A. makes a Lease for years upon a collaterall Condition and the Lessee makes a Lease for 20 years and then surrenders to the Lessor it seemes to some that the Condition for the rest is extinct for he hath part of the estate by his own Act so that if he should re-enter he could not be in in the same manner as he was before for he cannot avoid all the estate If a Feoffee upon condition make a Lease for life and after the Feoffor releaseth the Condition to him in Reversion the estate for life is discharged of the Condition and it seems to them all one viz. a Release in Deed and in Law And Note if Feoffee upon Condition makes a Lease for life a Release of the Condition to Tenant for life shall extend to all the Condition against the Feoffee And it is cleer if there he Feoffee upon Condition of two Acres and the Feoffor releases the Condition in one it remains in the other as it shall be of a Warranty annexed to two Acres for the Condition is several as the Right is and shall remain in part of the Land as the Right shall do But if the condition had been by two or to two there a Release by one or to one dischargeth all the Condition as it shall do a Warranty but if a man hath two Acres one to him and his Heirs Males and the other to him and his Heirs females and makes a Lease for years of both of them rendring a Rent upon Condition and dies having a Son and a Daughter the Condition remains for the Son in one Acre and is extinguished for the other And if Lessee upon Condition surrenders one Acre it remains for the other Tenant for life makes a Lease for years upon Condition to have it for the life of Tenant for life the Lessee dies and his Executors perform the Condition yet the Freehold shall not accrue to them For when the Lessee for years died the Condition was gone for the Executors are not capable to perform the condition to increase a Freehold although they may to encrease a term for the one is testamentary and the other not Vide Infant Fem Covert Entry Rent Confirmation LEssee for life makes a Lease for years rendring a Rent the Lessor confirms the Estate of the second Lessee Tenant for life dies within the term and the Lessor distrains and avowes for the Rent some think he cannot Tenant for life grants a Rent charge in Fee the Lessor joins in a Feofment of the Land the Rent shall indure for ever for it is the Feoffment of the Tenant for life and the confirmation of the Lessor If a Disseisor takes a Confirmation of the Lord to hold by lesser Services and the Disseisee releases to him yet he shall take advantage of the Confirmation If there be two Tenants in Common for life and a Confirmation is made to them and their Heirs they are Tenants in Common of the Fee as they were of the Freehold for a Confirmation inures according to the nature of the estate upon which it inures and a Confirmation does not alter the estate If Land be given to two men and the Heirs of their two bodies and the Donor confirms the Land to them in Fee they are not Jointenants of the Fee If a Disseisor grants a Rent Charge to the Disseisee and he grants it over and after re-enters he shall hold it discharged for it cannot inure as a Grant and as a Confirmation If there be Lord Mesne and Tenant each by Fealty and twelve pence the Lord confirms the estate of the Tenant to hold by one penny that Confirmation is void for want of privity for there ought to be an immediate tenure where it is to be abridged As if Tenant for life makes a Lease for years and the first Lessor confirms the estate of the Lessee for years that is void for want of Privity So if Tenant in tail makes a Lease for his own life and the Donor confirms that will not enlarge his estate Lord Mesne and Tenant each of them holds by twelve pence the Mesne is outlawed in Felony the Lord confirms the Estate of the Tenant to hold by one penny the Heir of the Mesne reverses the Outlawry by Error and distrains and avows for twelve pence There is Diversity viz. if the Tenant dies without Heir the Law cast the possession of the Tenancy upon the Lord so that he hath the possession in Law before Entry But if the Tenant be attainted of Felony there the Lord hath not the possession either in Fact or in Law before Entry for if the Tenant continue twenty years in possession after the Attainder he shall be said to be Tenant then here the Law doth not cast the possession of Mesnalty upon the Lord and so there wants that privity between the Lord and the Tenant which is requisite to the deminishing of the Services Then here the Confirmation inures to prove his Agreement to the Escheat or otherwise it shall be void which the Law will not suffer If the Mesne grants the Mesnalty to the Lord Par auter uge and after the Lord had confirmed ut supra and after cesty que vye dies there the Mesne shall hold according to the Confirmation for the Fee of the Seignory was not in suspence because he had it but par auter vye If a Fem hath a Lease for twenty years and the Lessor confirms to the Baron for forty years who dies the Fem shall have the residue of the twenty years Quod nota If a Disseisor makes a Gift in tail or Lease for life to A. to whom the Disseisee confirms yet after the estate determined he shall enter upon him in Reversion for the estate is only fortisied but if the Confirmation had been to the disseisor he cannot enter upon the particular Tenant But if the Disseisor had given c. to A. and B. and to the Heirs of A. and the Disseisee confirms the estate of B. Quaere But it is cleer if he had confirmed the Estate of A. he should never enter upon his Heirs for if a Disseisor gives Land to C. in tail the Remainder to the right Heirs of C. and the Donor confirms the estate that shall go to the Fee And if a Disseisor gives land to A. for life the remainder to B. for life and the estate for life to A. is only confirmed Quaere If a Disseisee where his entry is taken away and a Stranger enters upon the Heir in by discent confirms the Estate of the Stranger though his confirmation gives no possession of the Freehold yet his ancient Right is gone for ever But if the Heir who is in by discent were disseised by A. who makes a lease for life to B. and the first Disseisee confirms his Estate and the Heir enters the Disseisee hath no remedy during the life of B. for the Confirmation continues
Reversion and the Fee are Executed for the fourth part A Gift in tail is made rendring during the life of the Donor Socage tenure and after his death Knight service the Wife shall be endowed of the Knights service If a Rent be granted for life and after by another Deed the Grantor releases all his Right in the Rent and if it be behind that the Grantee and his Heirs shall distrain the Wife shall not be endowed for it is still but a Rent Seck and the distress a Penalty 8 H. 4.18 A Disseisor having a Wife makes a Lease for life the Lessee makes a Lease to the Wife for her life the Husband accepts the Deed and agrees to it the Husband dies the Wife disagrees to the Lease the Lessor Enters against whom she brings Dower It is cleer if a Disseisor having a Wife makes a Lease to A. for life who makes a Lease to B. for life and the Disseisee releaseth to B. the Wife of the Disseisor shall be endowed for the Release does not countervail an Entry and Feofment If a Disseisor be Disseised and the Disseisee releaseth to the second Disseisor that takes away the Dower of the first Disseisors Wife But in the first casethe Husband is remitted and no possession in the Wife whereupon a Release may operate and so she may disagree and claim her Dower If an Estate be confirmed in a Rent Seek and if it be behind that it shall be lawfull for him and his Heirs to distrain the Wife shall not have Dower for it is stil but a Rent Seck and the Distresse but a penalty Tenant in tail of a Rent discontinues it with Warranty the Issue having a Wife is barr'd in a Formedon by the Warranty and Assetts yet his Wife shall be endowed for the Grant was void by the death of Tenant in tail and the Issue had possession in Law and might have distrained and though he determined his Election yet it shall not prejudice his Wife If the Husband disagrees to a Remainder the Wife shall not be endowed otherwise to a Dissent If a Rent Charge is granted the Grantee dies the Heir cannot prevent the Wife of her Dower by bringing his Writ of Annuity The Son endows his Wise Ex Assensu Patris the Son is attainted If she shall retain her Dower Some think she shall not for she claims from the Son and Ne unques accouple in loyall Matrimony is a good plea. If Tenant for life surrrenders upon Condition and the Lessor marries and dies the Wife is endowed against the Heir the Lessee enters for the Condition broken the Wife shall not have the Reversion for the Freehold which was the Wives Title is taken away by the Entry If the Grandmother recovers Dower against the Mother she hath taken away all the estate of the Mother for she comes in upon an Eigne Title But otherwise if the Father had been infeoffed So if the Lessor disseiseth his Tenant for life and marries and dies and the Wife is endowed by the Heir the Lessee enters c. And if Lessee for life had died before the Wife had been endowed she shall not be endowed for the Heir was Remitted or if she had been endowed and the Lessee had died the Heir shall out her If the Mother recovers Dower against the Son the Grandmother recovers Dower against the Mother and dies the Son shal enter and not the Mother But if the Dower of the Mother had been by Assignment of the Heir it had been otherwise For he shal be concluded by his own Assignment Quaere For some think the Reversion is not taken away from the Mother in Casu penultimo If a Feoffment be made to A. to the use of B. the Wife of A. shall be endowed A. marries and fells his Land his Wife arrives at her age of nine years the Husband dies she shall be endowed though the Husband had no possession when she was nine years old For if the Husband aliens his Land and after the Wife is attainted and pardoned the Husband dies she shall recover her Dower If a woman Elopes the Husband aliens his Land and after they are Reconciled she shall have her Dower for in these cases the Title of Dower is not consummate until the death of the Husband But if a man marries an Alien and then sells his Land and she is Endenized and the Husband dies she shall not have her Dower If a Tenancy Escheats the wife of the Lord shall not be endowed of the Seignory A woman Intitled to have Dower disseiseth the Tenant and she is disseised by another to whom the Disseisee releaseth she shall not have her Dower for her Dower was suspended in the possession of the Disseisor as well as if it had been in her own possession for the Disseisor is in as the woman was and though her Dower should have been Revived if the Disseisee had entred yet this Release doth not amount to an Entry and Feoffment If Land be given to A. and his Heirs Males as long as he hath Issue Female of his body A. dyes having a Daughter the Wife is endowed and the Daughter dies without Issue the wife loseth her Dower for there is a difference between a Condition in Deed and in Law for if the Issue of Tenant in tail dies without Issue yet his wife shall keep her Dower for it is a Condition in Law And yet if an Estate tail be made upon Condition that if the Donee dies without Issue that it shall be lawful for the Donor to re-enter the Wife of the Donee shall not lose her Dower for the Condition does not take effect untill the estate be determined by the Condition in Law upon which determination she is endowable A. seised in Fee grants a Rent Charge and aliens and takes an Estate in Fee-simple or in tail and dies seised the Wife Recovers in Dower and then she surmises that her Husband died seised and prays a Writ of Enquiry of Damages 14. H. 8. 6. She shall hold it charged for she hath admitted her self dowable of the second Estate A. has a Wife and is seised of four Acres and makes a Feofment of three of the Acres with Warranty and dies the Wife brings her writ of Dower against the Feoffee and he vouches the Heir Now if the Wife may stop the Judgement viz. That she shall not recover immediately against the Heir is the question for then she hath lost her Dower of the fourth Acre as some think she hath because it was her own folly that she did first recover her Dower of that Election IF a Rent be granted in Fee and the Grantee grants it over for yeares the Grantee for years hath no Remedy if it be denied him for he shall not have a writ of Annuity for the Election is given only to the first Grantee and his Heirs and the Election runs only in privity If two Acres are given to A. Habendum the one in Fee and
granted to commence after the death of the Grantee the Heir shall take it by Descent A. makes a Feossment upon Condition and if it be broke that it shall be lawfull for him to reenter during his life he shall enter by expresse Reservation and after his death his Heir shall enter by the provision of the Law If an Encroachment of Services be made upon the Husband if the Wife be endowed she shall not be contributory but the Heir cannot avoid it A Seignory is granted for years the Rent being behind the Tenant dies the years expire if the Grantee shall have Debt against the Heir of the Tenant for the Rent due before and after the death of the Tenant Some say the Heir shall not be charged unless the Tenant had bound himself and his Heirs by express words and it shall not be esteemed the proper debt of the Heir If A. hath a Daughter who hath a Son a Remainder is limited to the right Heirs females of the body of A. the Son shall take the Remainder for he is a purchaser but he shall not have the land by descent which was given to A. and the Heirs females of his body 20 H. 6. 43. P. Newton Lessee for life the remainder to the right Heirs of A. who hath a Son who dies without issue the land shall descend to the Heirs on the part of the Father for the Son takes by purchase and as Heir to A. so that the Heir of A. must take it If land be given to a man and to his Heirs on the part of his Mother begotten and his Mother is dead and he dies without issue the Heir on the part of his Father shall take Quaere If a man makes a Gift in tail of Land on the part of his Mother reserving a Rent and dies without Issue the Heir on the part of the Mother shall have the Rent as incident to the Reversion If a man binds himself and his Heirs in twenty pounds and dies and his Executors have ten pounds onely an Action of Debt lies against the Heir for all for if the Creditor makes choice of the Executor he cannot have any remedy against the Heir for the rest If the Obligor makes the Obligee his Executor and leaves ten pound and the Debt was twenty he may detain that and bring an Action of Debt against the Heir for the rest for it is a apporcioned by the Act in Law If Land be given to one and the Heirs males of his body the Remainder to the Heirs Females of his body the Daughter of the Son shall not have the Land If Land be given to one and the Heirs males of his body and to the Heirs females of his body if he hath Issue male and female they shall take by Moities by descent severally If a Woman hath three Sons by severall Husbands and Land is given to her and to the Heirs of her body by the first and second Husband begotten the two Sons shall take severally by Moities and yet the Mother had an Estate A. having two Daughters one is attainted of Felony a Remainder is limited to the Heirs of A. the other shall take nothing If a Remainder be limited to the Heirs of B. who hath a Son who is attainted the Remainder is void and the Fee rests in Lessor Land is given to A. for life the Remainder to B. for life the Remainder to the Heirs of A. who dies B. enters and dies a Stranger abates the Heir of A. shall have a Writ of Right upon the possession of A. and if Land be given to C. and D. and to the Heirs of C. who dies and a Recovery is had against D. and he dies the Heir of C. shall have a Writ of Right of all the Land A. binds himself and his Heirs in twenty pounds and dies the Executors have Assetts the Obligee releaseth to the Heir all Actions of Debt the Executors pay the Assetts to other Creditors The Obligee may have an Action of Debt against the Heir for at the time of the Release he was not intitled to have an Action against him but if the Executors or the Heir had no Assetts at the time of the Release and after the Heir recovers Assetts the Release will bar him If A. makes a Feoffment of Land which he hath on the part of his Mother to the use of himself and his Heirs it shall be to the use of the Heirs on the part of his Father if he dies without Issue A Fem sole hath a Rent Seck and marries the Tenant of the Land grants to the Husband and his Heirs to distrain for the Rent the Husband and Wife die without Issue the distress is extinct for the Heirs of the Husband are onely privy to distrain A Condition does descend upon the Heir at Common Law Incertainty IF one inseoffs another of twenty Acres viz. of one to the use of A. and does not shew of which Acre A. takes nothing by the Feoffment for the possession cannot be executed for it was not certain which are passed to A. and A. cannot have Election for he is not privy If a Reversion be granted to one and after to another and the Tenant atturns to both neither of them shall take for the incertainty If Land be given to a Man and a Woman upon Condition that which of them first marries shall have in Fee and they intermarry neither of them shall have Fee If the Reversion be granted of black Acre or of white Acre if Atturnment be good Quaere for the incertainty A. gives two Acres to B. Habend the one for life the other in Fee without Deed rendring a Robe or a Rent and doth not shew which he shall have for life A. lets two Acres rendring a Rent on Condition to be performed by the Lessee that he shall have Fee in one Acre not shewing which and makes Livery of both Quaere Infant IF an Infant inseoffs two and at his full age releaseth to one it inures to both If an Infant be forejudged he is bound for ever but if he makes a Feoffment of a Mannor and the Feoffee is forejudged yet the Infant may enter into the Mannor and distrain for the Mesnalty the reason is because in the first case he was party to the Record and in the last case the Forejudger was against the Feoffee who had a deseasible Title A Recovery in Wast against an Infant will bind him but so it will not against his Grantee for he had a Title to defeat his Estate so in a Cessavit Conditions and Forfeitures that will bind a Fem Covert will bind an Infant If an Infant makes Livery within view he shall not have an Assize if the Feoffee enters for it is more than a Livery in Law If an Infant Disseisor makes a Feoffment and a Dissent is cast and the Disseisee releaseth to the Heir yet the Infant shall have a Dum fuit infra aetatem for he demands the
first Lease for a Lease for years is nothing but a Contract If a Lease be made for ten years to commence at Michaelmas and after he makes a Lease for twenty years to commence at Easter the second Lease is good for ten yeares though the first Lessee surrenders before for it was void for ten years at the first by the same reason if one makes a Lease for life and after makes a Lease for years to commence presently the second Lease is void although the first Lessee dies within a year after If Lessee pur auter vye makes a Lease for twenty years by Indenture and after purchaseth the Reversion in Fee and Cesty que vye dies the Lessor may enter upon the Lessee although the years continue for he hath a new Estate and may confesse the Conclusion and avoid it But if A. lets Lands in which he hath nothing and after purchaseth the Land the Lessee may Estop him although he had not any Estate at the time of the Lease so he cannot confesse the Lease and avoid it as he may in the other case for in this case the Lease took effect by way of Estopple but in the other case there was an Interest conveyed at first If the Patron grants the next avoidance and after he the Ordinary and Incumbent make a Lease of the Rectory for twenty years the Incumbent of the first Grantee shall avoid the Lease but if he dies during the Lease the Lessee shall enjoy it during the rest of the years against the Successor And if Land be given to Husband and Wife and to the Heirs of the Husband he makes a Lease for years and dies after the death of the Wife the Lessee shall enjoy the Residue of the years against the Heir of the Husband for the Lease did once take effect But where a Lease for life is made and a Lease for years to begin presently that was void at the beginning against all persons and therefore can never take effect If the Donor disseiseth the Tenant in tail and makes a Lease for years and the Tenant in tail dies without Issue the Lessee shall have the Residue of the term against the Donor but if Tenant in tail makes a Lease for years and the Donor confirms and the Issue outs the Termor and dies without Issue the Lessee shall not enjoy his term for in the one case he claims from the Donor and in the other from the Donee If a Lease be made to A. for life and twenty years over he shall have the years although livery be not made of the Land If a lease be made for the lives of A. and B. and A. dies the lease shall continue for the life of B. But if two make a lease for sixty years if they two shall so long live if either of them die the Estate is determined for that was not a limitation but a Condition But if a lease be made during the time that A. and B. shall inhabit within London and one of them dwells in another place the lease is determined for it is a collaterall determination If I licence one to occupy my land until the Corn that is growing upon him is ripe that is a good lease Lessee for twenty years makes a lease for ten years and then makes a lease to the same lessee for ten years to commence after the determination of the first ten years the last ten years are not out of the first lessee and therefore the second lessee shall have the Rent which was reserved by the first lessor during the first ten years Quaere A. makes a lease for twenty years and then makes another lease for forty years to C. to commence after the expiration of the first lease and then he makes a lease to the first lessee for thirty years the lease of C. shall not begin presently for nothing extinguishes and avoids the lease but the taking the second lease And then the lease to C. is an impediment that the second lease cannot commence and therefore the first lease is not determined Tenant in tail marries and makes a lease for years the Wife endowed shall avoid the lease for her time but after her decease the lease will stand good against the Heir if the Heir accepts the Rent If Tenant in tail makes a lease for years and marries and dies without issue the Donor avoids the lease and the Wife recovers her Dower the Lessee shall enjoy it against her A. makes a lease for forty years Provided that if B. dies within the term that it shall be but for twenty A. dies at the end of four and twenty years the lessor brings an Action of Waste for waste done between the three and twenty and four and twenty years some think it is maintainable in the tenuit for the term continues until the death of B. If a Rent had been granted for forty years with such a Proviso and he dies ut supra the Tenant of the Land may have an Action of Accompt for the Rent received after the twenty years for now upon the matter the Grant ended at twenty years If a Lease be made of Land to me during my life and the life of B. that is but an Estate for my own life for the greater drowns the lesser If a Lease be made to two for forty years if they shall so long live and one dies the Lease determins for it is a Condition and not a Limitation So if the Lease had been so long as A. and B. shall be Justices c. A. le ts during the life of Baron Fem the Lessee grants during the Coverture Limitation IF Land be given to one and the Heirs males of his body the Remainder to the Heirs Females of his body the Daughter of the Son shall not take by this Limitation If Land be given Habendum to him and the Heirs males of his body and to him and the Heirs Females of his body if he shall take it as a Remainder Quaere But Litt. faith in the last case but one that the Warranty of the Father shal be lineal to the Daughter If Land be given to one and the Heirs Males of his body and the Heirs Females of his body if he hath Issue Male and Female they shall take by Moities severally by descent So if a Woman hath three Sons by severall Husbands and Land is given to the Woman and to the Heirs of her first and second Husband some think the two Sons shall take severally by Moities and yet it was but one Estate in the Woman A Feoffment is made to the use of I. and after to the use of the Feoffor and his Heirs the Feoffor doth not take it by Remainder for the Limitation to himself is void for the Law saith as much but it is in him as a Reversion But if the Feoffment had been to the use of the Feoffor for life there the Feoffee shall have the Fee to his own use If a man makes
other by the Release is discharged and the Grant being but by one is discharged as to all And the Pernor shall hold it subject to the Agreement of A. for some think there shall be an Election after as if he had granted his part to a Stranger A Release to one Tenant in Common will not inure to his Companion for want of privity A. seised of an House on the part of his Mother is disseised by two and they have Estovers granted to them in the same House the disseisee releaseth to one the Estovers remain for part for as to a Stranger the Release doth not countervail an Entry and Feoffment As if a disseisor takes a Confirmation to hold by lesser Services and after the disseisee releaseth yet he shall take advantage of the Confirmation If the Son endows his Wife Exâ—â—assensu patris and the disseisee releaseth to the disseisor if the dower shall be avoided or not A Warranty made to the disseisor is not gone by a release made by the disseisee If a disseisor having a Wife makes a Lease to A. for life who makes a Lease to B. for life the disseisee releaseth to B. the Wife of the disseisor shall be endowed for the Release doth not amount to an Entry and Feoffment Two Fems disseise one one marries the disseisee releaseth to the Husband in Fee that goeâ—â— by way of Extinguishment to both the women for it cannot inure as an Entry and Feofment to one Woman for she is not privy to the Deed and as an Entry and Feofment to the Husband it cannot inure for he was in by title and if the Release had been to the other Woman that should not have devested the possession of the Husband The Lord disseiseth the Tenent and is disseised the disseisee releaseth to the disseisor of the Lord the Seignory is extinct for it doth not countervail an Entry and Feofment in respect of the Lord but extinguisheth the right of the Lord to the land in which right to the land the right which he had to the Seignory was suspended But if the Lord and a Stranger disseise the Tenant and the Tenant releaseth to the Stranger the Seignory is revived for there it inures as an Entry and Feofment against the Lord and the Lord had not the right to the land So if the Lord dies and the other hath that by survivorship Remainder LAnd is given to Husband and Wife and to the Heir of the Husband begotten on the body of the Wife and if the Husband dies without Issue by the Wife then the land to remain to A. in Fee the Husband and Wife die without Issue A. enters upon whom the Feoffor enters and A. brings an Assize some think it is maintainable 14 H. 6. 25. such a limitation good Tenant in tail makes a Feofment and dies the discontinuee makes a Gift in tail the remainder in fee to the first Issue in tail the second Tenant in tail dies without Issue his Wife Enseint with a Son the Issue of the first entail enters and after the other Issue is born and enters upon him and he brings an Assize some think it is not maintainable A Fem Lessee for life marries a Confirmation is made to them two for their lives that is a Remainder in the Husband by reason of the joint-Estate of the Wife So if land be given to A. B. for the life of B. and after a Confirmation is made to them two for their lives that is a Remainder in A. and the Jointure remains Land is given to Husband and Wife and to the Heirs of the body of the Husband the Remainder to Husband and Wife in speciall tail the Remainder is void If a lease be made for the life of the Lessee the Remainder to the Lessee for the life of A. that Remainder is void If land be given to one Habendum to him and the Heirs males of his body and the Heirs females of his body he shall have it as a Remainder Land is given to two Women Quam diu simul vixerint the remainder to the right Heirs of her who first dies one marries and hath issue and dies it seems the remainder is good notwithstanding the incertainty But if the Land shall be Assets in a Formedon or Debt against the Heir Quaere some think it is not for it was never in the Mother The Donor disseises Tenant in tail and dies and the Heic who is in by descent makes a Lease to the Issue within age the Remainder in Fee Tenant in tail dies though the Issue be remitted yet the Remainder is good because it was a Livery once and the Remitter was subsequent as if the Lessor disseiseth his Tenant for life and lets for the life of the disseisee the remainder in Fee the disseisee enters yet him remainder shall hold it but in both cases it is a reversion and not a remainder Quaere of the first case If a Lease be made for life upon Condition that if the Lessee shall not have Issue during his life that then it shall remain in Fee to A. and he dies without Issue the remainder is void for although a remainder may be limited upon Condition yet the Condition ought to be performed during the life of Tenant for life But if the Condition had been that if he had Issue during his life that then it should remain the remainder had been good if he had Issue 7 H. 4. 6. A rent granted to one for the life of A. the remainder to the right Heirs of A. that cannot be during the life of A. and yet thought to be a good remainder for it vests in the same instant that the first Estate determines A remainder may be good to him that had the Remainder before Tenant for life makes a Lease for life the remainder to his Lessor and a Stranger in Fee some think the Stranger shall take all for he cannot give a Fee in any part to him that had a Fee before Remitter TEnant in tail makes a Feoffment and dies the Discontinuee makes a gift in tail the Remainder to the Issue in Fee the second Tenant in tail dies without Issue his Wife enseint with a Son the Issue in the first intail enters the Son is born and enters upon him and he brings an Assize it is maintainable for the remainder is limited to the Issue in the first intail and he by vertue of his remainder enters then he is remitted but Dy. 129. makes it a Quaere but Bendlows 195. he is remitted and so is the Inst 357. 11 H. 4.1 If the Disseisee enters upon the Heir of the Disseisor and grants a Rent Charge and dies the Issue shall hold it discharged for though he hath the Right form the same Ancestor that granted the Rent Charge yet he is remitted to another possession than descended to him And if the Heir of the Disseisee enters upon the Disseisor and grants a Rent Charge and the
begin c. and before the time the Baron dies and the Fem makes a Feoffment the Feoffee shall not avoid it So if an Infant makes a Lease ut supra and before the time he being within age or at full age makes a Feoffment the Feoffee shall never avoid the Lease c. But many are of a contrary opinion for they say that an Infant or Issue in tail by their own or the Acts of their Ancestors shall never be prejudiced by any thing that is Executory for if he shall not avoid it by his possession before the commencement of the Term he hath no means to Avoid it c. before c. But it is cleer enough that if Tenant in tail dies after he hath discontinued and the Discontinue makes a Lease for yeares to begin ut supra and dies the Heir in tail being his Heir who enters and he enters and makes a Feoffment there the Lease is avoided because the Issue is remitted and hath another Estate than the Discontinuee had and not any privity of that Estate which is avoided If an Infant delivers a Writing as an Esorowle to be delivered as his Deed when he arrives at his full age and receives the Money of the Party to whose use the Deed was to be delivered yet he shall avoid the Deed. If Husband and Wife make a Lease or grant a Rent Charge in Fee out of the Wives Land and then they joyn in a Fine to A. he shall not avoid the Lease or Charge because they are executed but otherwise of things executory as a Statute c. before Execution Avowry LAnd is given to one Habendum a Moity to him and his Heirs and the other Moity to him and the Heirs of his body the Remainder to his Right Heirs the Land is holden by two pence the Donee dies without Issue and his brother enters severall Avowries must be made upon him one for one penny and another for the other But if Land be given the one Moity in tail the other in Fee there shall be but one Avowry for that inures as a joint Gift but in the first case it did inure severally at the Beginning If there be three Jointenants and one Releases to one of his Companions and he to whom the Release was made hath the part of the other by Survivor yet for a third part one Avowry shall be made upon him In the principal case the Fee simple was never severed if it had the Donee should hold each Moity by two pence a peice and the Avowry shall be made upon the collateral Heir for two pence in one Moity A. makes a Gift in tail of one Acre which he holds in Socage and of another which he holds in Chivalry saying nothing the Donor shall make severall Avowries although he hath but one Reversion for the Law makes the Avowry in respect of the tenure over and the severall Acres must severally escheat If a Disseisor makes a Lease for life and dies it seems the Lord is compellable to Avow upon the Heir of the Disseisor But if he had made a Gift in tail and the Donee dies and his Issue enters there he shall not Avow upon the Donor If one Parcener makes a Lease for life yet the Lord shall Avow upon them both but if one Jointenant makes a Lease for life the Lord must make severall Avowries upon them for the Jointure is severed If there be two Fem Parceners Mesnes and one marries the Tenant yet the Avowry of the Lord is not severed But if there had been two Jointenants it had been otherwise for by the Marriage the Moity of the Mesnalty is suspended and cannot be in Jointure with the other Moity which is not in Esse And if one holds a Mannor of another and makes a Feoffment of all except one Acre now the Fee of the Acre is disappendant from the Mannor and the Lord ought to make two severall Avowries Authority IF I devisethat my Executors shall sel my Land and one sells one Moity and another the other this is not warranted by the Authority for it was to be jointly executed As a Letter of Atturny to two to make Livery it ought to be performed jointly But if the Land had been devised to them then such a Sale had been good for they had an Interest and the intent was performed If one makes two Atturnies conjunctim or the King makes two Commissioners of Oyer Terminer if one dies the Authority of the other is determined 35 Ass p. 1. Two Jointenants make a Feoffment with a Letter of Atturny to deliver Seisin and the one delivers Seisin in person this is a Countermand of the whole Livery for the Authority was not severall for either of them but joint for both and therefore being countermanded for one it shall be void against the other Barr. IF the Plaintiffe be Barr'd in an Entry sur Disseisin yet he shall have a Cessavit if he had cause to have it at that time for it is another Title If the Heir brings a Formedon in Descender and is nonsuite Quaere if he shall enter because he had Title of Entry for a Condition broke If a Woman hath cause of Dower of one and the same Acre as Wife to A. and B. If she be barred of it as Wife to A. yet she shall have it as Wife to B. If Baron Fem make a Feoffment upon Condition if the Wife be barr'd in her Cui in vita yet she may enter for the Condition broken 27 E. 3.55 56. P. 72 Bargaine Saile A Bargains and Sells Land to B. and after they both grant a Rent Charge to C. and then the Deed is inrolled the Rent is gone for it is the grant of A. and the Inrolment hath relation to the Delivery which avoids the grant though it was the Confirmation of B. for he had nothing at that time The Issue in tail within age takes from the Discontinuee a Bargaine and Sale He shall not be remitted for he is in by reason of the Possession conveyed to the Vse and so he must have it in the same Degree as he had the Vse And so if he were within age at the time of the Bargain Sale and the other dies and after the Deed is Inrolled he shall not be Remitted If the Bishop makes a grant to the K. in fee confirm'd by the Dean and Chapter and the Deed of the Bishop is Inrolled and the other not it shall bind the Successor for it is but as an Assent and not a Confirmation Baron Fem. IF a Fem Lessee for life marries and she and her Husband make a Lease for life rendring a Rent and the Fem avowes for the Rent after the death of her Husband the Lessor may enter for by her Avowry she hath agreed by matter of Record and so it had been if she had entred for a Condition made by her and her Husband If A. infeoffes his Wife and a Stranger it
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
tayl after possibility in which case she hath but a Freehold in the remainder otherwise if her Estate had been in tail Land is devised to A. for life the Remainder to him that shall be his first Son the Remainder in Fee A. aliens in Fee if he in the Remainder may Enter for the Forfeiture Quaere Frankmarriage THree Jointenants one of them gives his part with his Daughter in Frankmarriage to one of his Companions and by the same Deed releaseth to them in Frankmarriage and makes Livery some think that is a good gift in Frankmarriage for this reason that although one Jointenant cannot infeoffe his Companion yet his Companion and another he may and the Livery made to the other shall vest the Land in both and that is for the advantage of the third as in Gascoigues case 7 H. 6. 3. It was not a surrender for the advantage of the third Nor in 27 H 7. 41. for the advantage of the Husband so it shall not be void here for the advantage of the third person But others think the contrary because the Husband cannot take it immediately from his Companion and for him it is void and good for his Wife As if a man makes a Feoffment to a stranger his own wife if livery be made to the stranger it will operate but to the benefit of the stranger and will be void for the Wife So here it is good for the wife the Release is good for the Husband Further if one Jointenant cannot infeoffe his Companion as it is holden in 10 E. 4. then it will inure severally viz. to his Companion as a Release and to his wife for life for if it be no good Frankmarriage then 't is the Estate for life and so it was resolved between Webb Porter in 24 Eliz. And then they take in Common and severally and no Frankmarriage Grant TEnant in tail holds by a Rent the Donor grants the services nothing passeth for the Rent cannot passe but as a Rent service Lord and Tenant by Rent and Fealty the Lord grants the services of the Tenant saving the fealty Nothing passes by that Grant for the Rent cannot pass but as a Rent service for a Rent Charge or Rent Seck will not pass by those words The same words cannot be a Grant and a Confirmation too If a Disseisor grants a Rent Charge to the Disseisee and he grants it over and after re-enters he shall hold it discharged Causa qua supra If the Lord marries the Tenant or by any means hath as high an Estate in the Tenancy as he hath in the Seignory he cannot grant the Seignory over If the Tenant be in Ward or disclaims the Lord may grant over the Seignory But if the Tenant be Tenant for life of the Seignory and the Seignory is granted to him in Fee he cannot grant it over for he never had possession of it But if he had possession and it is suspended by taking an Estate for life yet he may grant it over If the Parson and Ordinary grant a Rent Charge to the Patron the Successor shall avoid it for the Assent of the Patron ought to be expresse where the Successor shall be bound But if they had all granted it to A. who had granted it to the Patron that had been good If a Rent be granted for life and by another Deed it is granted that it shall be lawfull for the Grantee and his Heirs to distrain for the same Rent it must be a Rent of the same value for the Rent determins by his death So if the King grants to the Mayor and Commonalty of D. the same Liberties which the Mayor c. of L. hath It shall be intended such Liberties A. makes a Lease for life reserving the first four years a Rose and after a yearly Rent of twenty shillings the Lessor grants the twenty shillings to commence after the end of the four years the Grant is void for it is all but one Rent and then if the Grant should be good the Grantor should have a term in the Rose for four years whereas before it was a Freehold and then it is no more but that a man hath a Rent in Fee and grants it after four years that Grant is void otherwise of a Rent created de Novo 8 H. 7. 3. A. seised of a Rent in Fee grants it to one for twenty years from the time of the Atturnment of the Tenant and dies the Tenant Atturns if this be a good Grant Quaere Gavel kind A Lord in Gavel kind hath two Sons the Tenant aliens in Mortmain the Lord dies the eldest Son enters into both parts the Seignory shall descend as the Tenancy But now the Land admitting a Licence had been obtained being aliened in Mortmain the Custom is extinct A. seised of Gavel kind Land is impleaded and vouches the Vouchee enters into Warranty the Tenant dies having two Sons if the Eldest alone shall sue Execution Quaere Habendum A Rent is granted to two Habendum to the one until he be married and to the other until he is advanced to ten pounds per annum Quaere if they be Tenants in Common or Jointenants and when one performs the Condition if the other shall have all So if a Rent is granted to two Habendum to the one for his life and to the other for his life if they be Tenants in Common Vide Baron Fem. Harriot A Fem Lessee for life by the Custome of a Mannor marries by license the Husband dies the Lord shall not have a Harriot for there is no change of his Tenant So if Land be let to Husband and Wife for their lives and the Husband dies the Lord shall not have Harriot for the same reason If a Fem lessee for life marries and she dies the Lord shall not have a Harriot for she had no Chattles And the Custome may be reasonable if in such case the Husband dies where the Wife is seised that he shall pay a Harriot for if the Wife dies there is none due If the Tenant devises all his Goods yet the Lord shall have his Harriot for the devise takes effect after the death If a man hath two Horses at the time of his death one is a young one and the other worth forty shillings and the Lord doth not seise until two years after the death of the Tenant and the youngest becomes worth five pounds the Lord shall not have him for he had a property presently by the death of the Tenant in the other A Cow hath three Calves before the seisure of the Lord the Lord may seise them with the Cow Quaere Husband and Wife and the Son purchase to them and to the Heirs of the body of the Son begotten the Husband dies the Lord shall not have a Harriot 24 E. 3. Husband and Wife purchase land to them and to the Heirs of the Husband who dies the Lord shall not have a Harriot Heir A Rent is
a Lease for life to the use of A. and his Heirs there A. bath a Fee determinable Land is given to a man and to two women Cousins of the Donor in Frank-marriage or to a man and to two women and to the Heirs of their bodies begotten or to two men to two women and to the Heirs of their bodies begotten in every of these cases each hath an Estate tail in one part and shall be Jointenants of the Freehold and in none of these cases there shall be a speciall tail So Land given to three one Moity to Baron Fem in Frankmarriage or in speciall tail and another Moity to the same man and another woman in speciall tail or when it is given to a man and to two women or two men and two women and the Heirs of their bodies this is as much as to say to the Heirs of all their bodies so that by the words the Heir that must inherit must be Heir of all their bodies which is impossible and being the words cannot be performed litterally the Law will make the best Construction and make them severall Estates tail in every of them and joint Freeholds Quod nota If Land be given to two to the one for life and to the other for years they are Tenants in Common But if a Gift be made to Baron Fem and to a third person that is to the third person for life to the Husband in tail and to the Wife for years if the third shall take the moity Quaere how the Husband and Wife shall take jointly or severally or how much severally If Tenant for life makes a Lease for life the Remainder to the Lessor and a Stranger some think the Stranger shall take all for he cannot give a Fee to him that had a Fee before as if one Jointenant infeoffs his Companion and a Stranger and if he had made a Lease Pur auter vye the Remainder ut supra there perhaps it would inure jointly but the limitation of the Fee here works by wrong and it is better for the Lessor that the Stranger takes all for then he may have his Action for all Livery Seisin IF a man makes livery of one Acre in the name of that and another which he hath for life in tail in right of his Wife or of his Parsonage or Bishoprick all pass But if it be in the name of an Acre which he hath for years or as Guardian or by reason of an Execution it is otherwise If a man makes a Feofment to A. and the Mayor and Commonalty of London and makes livery to one in the name of both none takes but him that took the livery If Tenant for life enfeoffs the Wife of the lessor and the lessor makes the livery yet it is a Forfeiture If a Feofment be made of a Mannor with an Advowson appendant if livery be not made the Advowson will not passe in grosse by the delivery of the Deed. A Disseisee cannot make a Letter of Atturney to deliver seisin for he hath not possession but if he delivers the letter of Atturney as an Escrowl to deliver seisin after his Entry it may be good If a man makes a lease for life and after makes a Feofment with a letter of Atturney c. and after Tenant for life dies if he may now make livery If a Feofment be made to A. and a Fem sole with a letter of Atturney to deliver seisin and before seisin they intermarry and then seisin is delivered they shall take by moities A. makes a Feofment of three Acres and after purchaseth another Acre and delivers seisin in that Acre in the name of the rest if the other shall passe Quaere If two Jointenants make a Feofment with a Letter of Atturny to deliver seisin and one makes a Feoffment and Livery in person it is a Countermand of the whole Livery for he that took the Livery hath no privity with the other as to that Livery made to the particular Tenant within view is not good to him in Remainder for it can benefit none but him that took it And if there be two particular Tenants with a Remainder over some that Livery made to one will not transfer the Remainder And if a Lease be made to A. and B. upon Condition that if A. doth such an Act that he shall have Fee and Livery is made to B. onely that will not enlarge the Estate of A. for he that took the Livery hath no privity with the other as to that Livery cannot enlarge an Estate if the determination of it be certain Market overt IF my Goods are stollen and I sell them in Market overt for a certain sum the Vendor hath no Remedy for his money for the Contract was void for if one buyes goods in Market overt knowing them to be stollen the property is not changed no more is it here for the Vendor knew they were stollen from himself If he which knows the Goods were stollen and another buys them in Market overt and the Stranger dies he shall have all the Goods and the property was not altered at the first but for a Moity If Goods be stolen and are sold in a Market overt and after he that sold them buys them again yet the first Owner cannot take them for the property was altered by the first sale Nusance IF one hath a Mill or House which falls down and in the mean time a Nusance is levied and then it is rebuilt he shall not have an Assizâ— of Nusance nor abate it for it was not made to the Nusance of his Frank Tenement for it was not then in being but the Nusance is elder than the Freehold Some think all is one if the Nusance had been levied in the time of the old house Obligation IF A. hath two Daughters and binds himself and his Heirs in an Obligation to the Eldest and dies seised of Lands and leaves Assetts to his Executors the Obligation is discharged for it cannot be apporcioned If two are bound jointly and one delivers the Deed at one time and the other at another yet it is a good joint Obligation If an Obligation be made to a Fem sole and another and the Fem marries and dies the other shall have the whole duty for a Chose in action does survive Occupant A Lease is made to one for the lives of A. and B. the Lessee makes a Lease for the life of A. only if the second Lessee dies living A. the Occupant shall have it If Land be given to two to one for the life of A. and to the other for the life of B. if one dies the other shall make himself a Title against an Occupant If a Lease be made upon Condition that if the Rent be behind the Lessor shall enter and retain and the Lessor enters and dies his Heir shall have it against an Occupant If I am Lessee for the life of C. and I grant my Estate to D.
Wast brought against him he may plead a Release in the Land and yet he hath nothing in the Land A Conusor of a Statute Merchant is in Execution and his Land also the Conusee releaseth to him all his debts afterwards the Goaler lets him have his Liberty it seems that the Execution is discharged by the Release for the Debt is in Esse until the profits satisfie it or else the Execution could not remain as the Heir is in Ward until he be capable to perform his Services but if the Seignory be released to the Tenant he is out of Ward for body and Land If he in Reversion of a Seignory releaseth to his Grantee for years and to the Tenant of the Land and to his Heirs Quaere how it shall inure but if it had been to them two generally then the Estate for years and all the Seignory had been extinct for though it inlarges his Estate for life and no more yet without those words His Heirs all the Reversion is extinct and consequently the Estate for yeares Quod non negatur 8 H. 6. 24. But if it had been of a Rent Charge and the Release had been to them the Grantee shall have it all for life and the other the Fee and so it shall inure to both Tenant for life and he in Reversion grant a Rent Charge the Grantee releaseth all his Right to the Reversion if the Rent be extinct Some think not for their Estates being severall so are their grants and then a Release to the Reversioner will not extinguish a Rent issuing out of the possession And if it shall be taken to be the Grant of Tenant for life and the Confirmation of him in reversion yet such a Release will not extinguish it for though he purchaseth the reversion yet he shall have the Rent during the life of Tenant for life and if it were severall grants a Release to Tenant for life will not extinguish a Rent issuing out of the reversion for to this Charge the Tenant need not atturn The surviving Parcener may release to the Husband of the other being Tenant by the Curtesie And if one Parcener hath twenty Daughters and dies the other may release her whole part to either of them But if Jointenants be of twenty Acres and one makes a Feoffment of all his part in eighteen perhaps the other can release his right but in two Acres But if Husband and Wife and a stranger are Jointenants the stranger may release all his right to the wife only Tenant for life the remainder in Fee makes a gift in tail the remainder in Fee he in the first remainder releaseth all his right to the Donee not saying and to his Heirs and then grants a Rent Charge to a stranger out of the Remainder in Fee and dies the Donee dies without Issue the Heir of him in remainder enters if he shall hold it charged Some think the release doth not give the right in Fee which the Releasor had to the Releasee for then in a manner he doth release to himself but if the remainder had been in tail to him that had the remainder in Fee then the release had inured to the first Estate in tail and to the Fee and then if the last Fee be fortified the Mesne remainder is established and so the release inures to himself But as to the other point which may be moved If the remainder be good to him that had the remainder before being it is out of him and in him at one and the same instant it is good enough If one be disseised to the use of A. the Disseisee releaseth to the Disseisor yet A. may agree to the Disseisin for a release doth not take away a Title any more than it doth a Condition Or a Rent Charge granted by him or if he covenants to stand seised to an Vse Executory upon marriage such an use cannot be taken away by such a release But if there had been two Disseisors to the use of A. and the Disseisee had released to one of them that will take away all the Title Causa paret So if Tenant for life releaseth to his Disseisor that doth not restore the Reversion but if he had released to one of the Disseisors it had been otherwise Land is holden of the Mannor of Dale by Fealty and twenty shillings the Lord makes a Lease of the Mannor for years rendring forty shillings with Atturnment after the Lessor releaseth to the Tenant all his Right if the Rent of forty shillings shall be apporcioned by the Release the Tenant is discharged of twenty shillings as well against the Lessee as the Lessor for the Tenant holds it of the Lord Paramount so he does not hold it of the Lessee for he cannot hold the same Land of two severall Lords and the Rent of forty shillings is as well payable for the services as for the demesnes although he cannot distrain c. as in the case of Sheep 21. H. 7.6 If Feoffee upon Condition makes a Lease for life a Release of the Condition to the Tenant for life will extend to the Feoffee as it will do of a Right or Rent If there be Feoffee upon Condition of two Acres and the Feoffor releaseth the Condition in one Acre if it be collaterall it remains in the other as of a Warranty annext to two Acres a Release in one yet it remains in the other for the Condition is severall as the Right is But if the Condition had been made to two or by two a Release to one or by one extinguisheth all as it shall do a Warranty Tenant for life of a Seignory purchaseth the Tenancy pur auter vye if the Lord releaseth to him and his Heirs all his Right in the Tenaney some think it shall inure by way of Extinguishment But if he releases to him and his Heirs all his Right in the Seignory that inures as an Enlargement of the Seignory So the Mesne being a Fem marries the Tenant the Lord reseaseth to the Fem and her Heirs all his Right in the Seignory that inures to extinguish the Seignory only and not the Mesnalty But if he had released to the Husband all his Right in the Seignory or Tenancy the Seignory and Mesnalty are extinct But a Release to the wife of all his right in the Tenancy had been void But if the Lord had released all his Right in the Seignory to Husband and Wife Quaere but some think it inures to extinguish the Seignory and not the Tenancy Two Jointenants in Fee of a Rent Charge a Stranger receives it to the use of A. one releaseth to the Pernor and the other to the Tenant If by the last release he shall be said in possession ab initio the first Release to the Pernor was void for the possession of one is the possession of both If two Disseisors grant a Rent Charge and the disseisee releaseth to one he shall hold it discharged for the Grant of the
Seignory to which a Villain is regardant makes a Lease to the Villain for one and twenty years according to the Statute and dies within the Term If the Issue being Remitted to the Freehold of his Villain may enter into the Mannor and out the Villain Tenant in tail of a Seignory purchaseth the Tenancy and before the Stat. of Quia empto makes a Feoffment thereof reserving a new Rent and dies having Issue the Issue of necessity ought to have the last Seignory for that suspends the first As if the Lord being Tenant in tail purchaseth the Mesnalty in Fee the Issue of him in whom both are suspended cannot distrain for the Rent of the Seignory and choose to have that by descent for the Mesnalty by descent cast upon him is not waivable for notwithstanding any act that he can do to wave it yet the Freehold Fee remains in him before which another hath that by pernancy but it seems if any takes it before the Issue makes an Act to shew that he will discent to it then he may distrain for the Seignory As if Tenant in tail of a Seignory purchaseth the Tenancy and dies the Issue may distrain if another enters into the Land before him but if he enters and after another enters upon hiâ— he cannot distrain after Tenant in tail the remainder to his own right Heirs makes a Lease to the Issue within age upon Condition to have Fee and at full age during the Term he performs the Condition and after grants a Rent Charge and the Grantee is seised and disseised and brings an Assize and pending that Tenant in tail dies the Assize is now abated by the Remitter though the performance of the Condition was at full age for the contract was during the Minority which is the ground and the Issue shall avoid the charge The Donor disseiseth Tenant in tail and dies Tenant in tail and the Heir who is in by descent make a Lease to the Issue within age for life the remainder in Fee Tenant in tail dies although the Issue be remitted yet the Remainder is good for it was once executed and the remitter comes after Tenants in Common IF the Reversion be granted to Tenant for life and a Stranger in Fee the Jointure is severed for the Tenant for life hath the Feesimple in the Moity executed presently But if the reversion be granted to Tenant in tail and another in Fee the Jointure in the Eee remains but if the Husband be Tenant for life and the reversion is granted to him and his wife the Fee remains in them in Jointure for there are no Moities between them If a Lease be made to two Habendum the one Moity to one and the other moity to the other for life and after a Confirmation is made to them and their Heirs the Jointure of the Fee is severed and they are Tenants in common thereofasthey were of the Frehold for a confirmation inures according to the nature of the estate on which it inures and doth not alter the Estate 9 H. 6.9 But if the Reversion had been granted to them in Fee they had been Jointenants of the Fee presently for their Fee in Jointure drowns their severall Estates of Freehold But if there be Tenants in Common for life and two Jointenants of the Reversion and one of them purchaseth of one Tenant for life his Estate and the other of the other the Jointure is severed for when one of them purchased the Estate of one Tenant for life he had the Moity of the Fee executed to the Moity of the Freehold and by that the Jointure was presently severed but in the other case they come to the Reversion at one instant and that is the diversity Land is given to Baron Fem Habendum the one moity to the Husband the other moity to the Wife and after the Land is confirm'd to them in speciall tail reserving a Hauk the Donor shall have two Hauks for the Husband had the one moity of the Inheritance because his possession was severed from the possession of his Wife so that of that Moity the Husband is seised in his own right in speciall tail and the Wife hath nothing in it Then of the other moity whereof the Wife was Tenant in Common with her Husband the Husband is seised in right of his Wife which is a sufficient Estate whereupon a Confirmation may inure If Land be given to the Husband for life the remainder to the Wife for life and their Estates are confirmed in tail the Husband shall have one moity in tail only and he and his Wife the other moity and yet the Estate tail is not executed for any part Quaere for it is a good moot case If Land be given to two and the Heirs of their bodies begotten and the Donor confirms the Land to them in Fee they are not Jointenants of the Fee for the Estate tail was executed to such purpose and so the confirmation inures severally If Tenant pur auter vye be of a Tenancy and the Seignory is granted to him and another in Fee the Jointure is severed presently and if Cesty que vye dies yet the Seignory is not in Jointure for it was so at the first But if a Seignory is granted to two in Fee and after one accepts the Tenancy pur auter vye and Cesty que vye dies now the Jointure remains because it was Joint at the beginning If Land be given to A. and a Dean and Chapter and his Successors and Livery is made to A. in the name of both nothing vests in the Dean because they take it severally and in common by reason of their severall capacities and so no privity between them for a Release to one Tenant in common will not inure to his Companion but if the Discontinuee in tail enfeoffs the Issue in tail within age and another and makes Livery to the Infant in both their names though the Infant shall be remitted for a moity yet the other takes a moity and they shall be Tenants in common for their capacities are not severall but they take severally by operation of the Law for first it vests and then he is remitted Tenant by the Curtesie IF there be Tenant by the Curtesie of an Advowson and he in reversion is presented by a Stranger his Heir shall not avoid it for it was during the life of Tenant by the Curtesie and he shall not be said to be Tenant for life and the stranger has gained the Patronage and he was not but an Atturny to convey it to him If the Tenant marries the Seignoresse or the Seignoresse takes an Estate for life of the Tenancy and after marries the Husband shall not be Tenant by the Curtesie for the Freehold of the Tenancy was in suspence and then he could not be Tenant by the Curtesie of such a Reversion But if she had taken an Estate for years or the Tenant had been her Ward and after she had married
and died during that Estate he shall be Tenant by the Curtesie for the Freehold was not in suspence but the possession for years only Land is given to two Women Quant diu simul vixerint the remainder to the right Heirs of her who first dies one of them takes Husband hath Issue and dies the Husband shall not be Tenant by the Curtesie for she had not the sole possession Tenant by the Curtesie of a Seignory and a Tenancy Escheats and he makes a Feoffment with Warranty of it If that shall be a bar to the Issue without Assetts is the Question If one hath a Son which is a Bastard Eign and a Daughter Mulier Puisne and dies seised of a Rent the Daughter having a Husband and after the Bastard gets the Rent and thereof dies seised and that descends unto his Issue yet the Husband shall be Tenant by the Curtesie for the Rent was in Esse at the time of the Discent in the Daughter and she may choose whether or no she will admit her self out of possession Tenures IF there be Lord Mesne and Tenant the Tenant holds by four pence and the Mesne by twelve pence and the Tenant makes a Gift in tail saying nothing and the Reversion Escheats after that some think the Donee shall hold by twelve pence so if the Mesnalty descends to the Donor the Donee shall hold by twelve pence and if the Mesne had released to the Donor the Donee shall hold by twelve pence As if the Tenant had made a gift in tail the remainder in fee and the remainder had escheated the Donee shall hold by twelve pence for the first Services which he paid and the first Tenure is extinct by the unity of the remainder to the Seignory so it is cleer the Mesnalty is extinct viz. the four pence then the Donee shall hold by twelve pence and it is all one as if the Mesne had released to him in remainder and the reason in the principall case why the Tenure of the Donee shall be charged is because the Law makes the Tenure of the Donor in respect of the Mesnalty and when the Mesnalty is extinct the Tenure between the Donor and the Donee is extinct also and then by the same reason that theDonee shall take advantage if the Donor by release or Dissent had held by lesser Services he shall be prejudiced when he holds by greater Services And some think if the Wife of the Donee in tail of which the Law makes the Tenure be endowed and after the Estate is extinct she shall hold by Fealty only otherwise if the Tenure had been reserved by expresse words and if the Wife of the Tenant be endowed and after the reversion Escheats the Wife shall hold by Fealty only If the Tenant who holds by four pence makes a Gift in Frankmarriage and after the Donor dies without Heirs so that the reversion is held by twelve pence Quaere how the Donees shall hold whether by such services as the Donor held when the Gift was made or by such as the reversion is now held by If a Gift in Frankmarriage be made the Donees after the fourth degree shall hold as the Donor holds over If a Gift in tail be made rendring two pence during the life of the Father of the Donee during his life the Issue shall hold by the Reservation of the party and after his death by reservation of the Law If an Encroachment of Services be made upon the Husband the wife endow'd shall not be contributory and yet the Heir shall not avoid it A man hath issue two Daughters and holds Land of the Eldest by Suit and a Hawk and dies the Daughters assign a third part to the mother in Dower and after make Partition Tenant in Dower shall not be contributory for any part of the Services for the reversion remains in Parcenary between them for they cannot make partition thereof and then the whole Seignory is in suspence And yet if Land holden by a Hawk descend upon the Seignoresse and her sister and they make Partition the Seignoresse shall have the Hawk but there is no Suit for by the Statute of Marlebr cap. 9. the Eldest shall perform it and the other shall be contributory then if she be Seignoress she cannot do it her self But the reason in the principal case why the youngest shall not be charged is because the Seignory is in suspence it cannot be in Essc for another parcel The Tenancy being a Mannor is holden by twelve pence of another Mannor which is the Mesnalty and holden by six pence and the Mesne enfeoffs the Tenant of the Mannor which is the Mesnalty now he shall hold both the Mannors of the Lord by one Joint tenure of six pence and the Lord shall avow upon the Tenant because the two Mannors are holden of him by six pence so had it been if the Tenancy had escheated to the Mesnalty and the one Mannor is parcel of the other there the Tenancy hath not lost the name of a Mannor for the Land which was held of the Tenancy is not held of another Mannor which was the Mesnalty but as it was before 39 H. 6. 9. b. where one Mannor may be parcel of another If the Tenant who holds by one Hauk makes a Feofment of a Moity to a stranger or of the whole to a Mayor and Commonalty and A. now the Lord Paramount shall have two Hawks for they are severall Feofments for if livery had bin made to one in the name of both nothing passeth but to him who took the Livery and the Lord shall be compell'd to make several Avouries which proves that he shall have severall Hawks If the Tenant who holds by two severall Hawks makes a Gift in tail to two several persons reserving a Rent Habendum the one Moity to one and the other Moity to the other so that they have severall Estates in tail the Donor shall have two Hawks for the Law makes the Tenure and reservation but if the party had reserved it by special words As if a man makes a Lease Habendum one Moity to one the other Moity to the other reserving one Hawk or makes a Lease Pur auter vye to A. and to a Dean and Chapter reserving one Hawk and the Land goes two severall ways and he does reserve but one Hawk he shall not have more than he reserved If a Reversion at the beginning goes severall ways yet they shall not have more than is reserved if it were special reservation by the party Land is given to two and to the Heirs of their two bodies begotten the remainder to their right Heirs and the Land before was holden by one Hawk the Lord shall now have but one Hawk and yet they are not Jointenants of the Fee simple but there is no apporcionment by Moities but if a Lease be made for life of two Acres the remainder in Fee of one to A. and of the other to B. there he
shall have two Hawks Lord Mesne and Tenant the Tenant makes a Gift in tail the remainder in Fee the remainder Escheats upon whom the Lord shall avow and of whom the Donee shall hold is the question So if the Tenant makes a Gift in tail to the Mesne the remainder in Fee or makes a Gift in tail to a stranger the remainder in Fee to the Mesne how the Tenure shall be now is the Question But in the first case if the Mesne had released to him in remainder or to the Donee in tail it seems the Donee ought to avow upon the Donee in tail and that the Donee shall hold immediately of the Lord Paramount after the release Quaere if there be any difference The Tenant who holds by Homage and ten shillings Rent makes a Lease for life the remainder in tail not speaking of any reservation the Tenant for life although he doth not hold by Homage yet he shall hold by Fcalty and ten shillings Rent being both the Estates now are but one But a Gift had been made in tail the remainder for life after the Estate tail determined the Tenant for life shall not hold by the same services as the Donee held Causa patet If there be two Jointenants and to the Heirs of one of them who hold ut supra make a Gift in tail the Donee shall hold of them both by the like Services and yet the Freehold is no cause of the tenure Quaere for some say that he that hath the Fee shall have the whole Tenure for the Inheritance passeth only from him If Tenant for life and he in reversion make a Gift in tail Quaere how he shall hold If a Lease be made for life the remainder in Frankmarriage some think the Tenant for life shall hold by Fealty only untill the fourth degree be past If there be Lord and Tenant by Fealty and twenty shillings and the Tenant gives in Frankmarriage to hold of him and his Heirs by Fealty only until the fourth degree be past and after by twenty shillings and Chivalry in that case after the fourth degree be past he shall not have the twenty shillings nor the Chivalry for though he reserved but Fealty until the fourth degree be past yet it is an intire reservation presently and the services are in him although they be not to be performed untill the fourth degree be past and Seisin of the Fealty shall be a Seisin of the rest and therefore the reservation being entire that is the reason that it is void for all because all cannot be reserved upon the Gift in Frankmarriage Testament IF a man makes severall Wills of severall dates and dies and the Executor of the last Will refuseth before the Ordinary yet the first Will is clearly defeated and yet the refusal is peremptory but it is not so if there be two Executors and one refuseth before the Ordinary If a Fem sole makes her Will and then marries and he dies Quaere if the Will be revoked Villain IF the Lord deviseth Land to his Villain he shall be enfranchised against the Heir and yet he was a Villain to the Heir at the same time the devise took effect but being the Lord had a power to enfranchise him he shall be enfranchised As if one delivers an Escrowl of Enfranchisement to be delivered seven years after the Lord dies and then the Deed is delivered to the Villain it is a good enfranchisement If a man makes a Lease for life the remainder to the right Heirs of A. who hath Issue a Son who is a Villain by Confession to the Feoffor and the Feoffor dies and A. dies and the Tenant for life dies the Son of A. enters he shall be enfranchized and yet he was not enfranchized in the life of the Feoffor but now he shall be said in by him So if a man devise that his Executors shall sell his Land and they sell it to the Villain of the Testator he shall be enfranchised against the Heir for he comes in in the Per by the Testator If a Fem be endowed of a Villain in grosse and the Tenant in Dower and the Heir enter together into Land purchased by the Villain Quaere in whom the Freehold shall be So if he had been a Villain to an Abbe and a Secular man for his body is intire to every of them And if the Grantee for life of a Villain and he in reversion of a Villain enter together into Land of the Villain it seems that Tenant for life shall gain all but some think that he in reversion shall disable him in an Action If Executors have a Villain that the Testator had and enter into Land purchased by the Villain it shall be Assetts notwithstanding they have a Fee as Land in Fee descended to the Heir shall be assetts to a Chattle viz. a Debt to a Stranger And the reason why they shall have it to the use of the Testator is because they had it in auter droit and so it shall be a Perquisite unto the same right So if a Guardian in Socage of a Mannor to which a Villain is regardant enters into Land purchased by the Villain it shall be to the use of the Infant So if a Bishop enters into Land purchased by a Villain which he hath in right of his Church the Land shall be to the same use so is 42 E. 3. 24. But if one hath a Villain for years in his own right he shall have a Fee in the Land purchased by the Villain It was said if a man be intitled to be Tenant by the Curtesie of a Villain and enters into Land purchased by him he shall be seised of the Land to his own use and not in right of his Wife because he hath the Villain in his own right but Quaere if he were not intitled to be Tenant by Curtesie If the Lord of a Villain gives Land by Fine to the Villain which is Land of Ancient Demesne the Lord reverseth the Fine by Disceit some think the Manumission is destroyed for it doth not appear upon Record otherwise if he enfeoffs his Villain upon Condition and enters for the breach And if a Villain acknowledges an Action brought by Baron Fem that is no Enfranchisement against the Fem for it is but an Enfranchisement in Law upon which she is not examined The Tenant enfeoffs the Villain of the Lord and a Stranger upon Collusion the matter is how the Lord may obtain the Ward without Dammages For if he brings a Writ of Ward the Villain shall be manumitted and if he enters upon the Villain he avoids the Collusion for ever and shall retain the Land but then he shall be Tenant in Common with the other and so he can have no Writ of Ward for the other Moity If Tenant in tail of a Mannor to which a Villain is regardant makes a Lease for one and twenty years to the Villain rendring a Rent according to the statute and