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
the other for life and A. grants both over viz. the one in Fee and the other for his own life If the second Feoffee shall have Election If A. had committed wast in both or had made a Feoffment of both the Lessor might have entred into which he had pleased If I give two Acres the one in Fee the other for life and the Donee dies without Heir Quaere if the Lord shall have Election If a Lease be made of two Acres the Remainder of one to A. and of the other to B. and makes no certain description of either He who first enters after the death of Tenant for life shall have the Election If a Lease be made of two Acres Habendum the one in Fee and the other for life reserving a Rent Quaere how the Lord shall avow But his Executor hath no Remedy by the statute of 31 H. 8. If A. grants to another one of his horses the Grantee dies before his Election his Executor shall choose but yet there was no property in the Grantee before Election If two Acres are granted the one in tail and the other in Fee the Heir of the Donee shall make his Election If twenty shillings or a Robe is yearly granted at the Feast of Easter at the day or before the day the Grantee hath Election If it had been by Obligation the Obligor shall have the Election after the day But if one grants to another twenty loads of wood or twenty Oaks yearly at the day or after the Election is in the Grantee for it lies in Prender so that there is a a Difference betwixt a thing in Payment and in Prender 13 E. 4. 4. If a Lease for life be made reserving a Rent or a Robe at the day it is in Election of the Lessee but after in the Lessors A Reversion is granted to one for life and before Atturnment it is granted to him in Fee the Grantee may choose his Estate If an Acre is given Habendum in Fee or in tail the Donee shall choose If one be bound or Covenants to infeoffe B. of the Mannor of D. or S. the Obligor c. hath the Election for he is the first Agent But if I give my black horse or white Horse there the Donee hath the Election for there he is the first Agent But otherwise if the words had been that I should deliver also If I infeoffe A. and B. and warrant the Land to the one or the other there is no Election given to either and therefore void But if one be bound to me to pay to A. or B. there the Obligor hath the Election for he is the first Agent but in the other case it ought first to be demanded A. gives two Acres Habend the one for life the other in Fee reserving a Rent or a Robe and does not distinguish which he shall have for life and which in Fee B. makes a Feoffment of both the Rent is behind A. distrains in one only and makes an Avowry for the Robe in that Acre Quere bien If a Rent be issuing out of two Acres the Tenant grants one to another the Grantee may choose in which he will distrain for all A. disseises B. of twenty Acres in C. B. brings a writ of Entry sur Disseisin in ten Acres and recovers and comes upon the Land and enters into one Acre in the name of all he recovered and thereof presently infeoffs D. who enters into the other nine Acres A. brings an Assize for those nine Acres and it is maintainable for by the entry of B. into one Acre in the name of all he recovered nothing vested in him but that Acre for it was a determination of his Election which nine Acres he would have for it was incertain and then nothing passed by the Feoffment but that one Acre for the Feoffee being a stranger shall not make Election which runs in Privity Emblements A Woman hath Title to have dower of three Acres and after the Heir sows one of the Acres and she hath that Acre assigned to her in dower Quaere if she shal have the Emblements for no folly can be imputed to the Heir for the possession was cast upon him by the Law and when he did sow the Land it was uncertain to him whether ever the wife would recover her dower neither could he guesse which Acre would be assigned her in dower and the Heir shall take advantage of this incertainty As if the Condition be performed by the Mortgagor yet the Mortgagee shall have the Emblements If a man devise that his Executors shall sell his Land and before the sale the Heir sows the Land and then the Executors sell it yet the Heir shall have the Emblements 36 H. 6. 36. If the Heir sows the Land and is disseised before severance and the Disseisor endows the wife of the Father Some think the Heir shall not have the Emblements for she is supposed to be in in the Post by the Disseisor Quaere Entry GRandfather Father and Son The Father disseiseth the Grandfather and dies the Son endows the Mother the Grandfather dies the Son may enter upon the Mother for he hath a new Right descended to him from the Grandfather for the Grandfather might have entred upon the Mother so shall his Heir But if there be Great Grandfather Grandfather Father and Son and the Grandfather disseises the Great Grandfather and the Father dies and the Son endows the wife of the Father and the Great Grandfather dies the Son shall not out the Tenant in Dower for the Great Grandfather could not enter by reason of the descent no more can his Heir If a disseisor makes a Lease for life the Remainder in Fee and the disseisee purchaseth the Remainder and grants it over he cannot enter upon the Lessee for life for then he should defear his own Grant A Feoffment is made upon Condition to re-infeoffe the Feoffee makes a Feoffment to his use If the Feoffor may enter without Request If A. makes a Feoffment reserving a Rent and if it be behind a Re-entry after he releaseth the Rent when he hath Title or Entry he cannot enter after or if he granted the Rent over after his Title of Entry The Eldest Son cannot enter where the Reversion is descended to the youngest by the Custom A Seignory is granted in tail the Tenant aliens in mortmain the Grantee dies within the year without Issue the donor shall enter as well as he in Remainder for there is a Privity of Estate If two Acres descend to A. and a stranger abates into one and A. enters into the other in the name of both that shall not gain the possession of the other But otherwise if he had entred into that Acre wherein the Abatement was in the name of both Tenant for life of a Seignory a Tenancy Escheats a stranger intrudes Tenant for life dies before Entry he in Reversion may enter as upon the Disseisor of his Tenant
Vouchers and though the possession was removed yet that is not materiall for Littleton saith the effect of the Writ is the meer Right the Husband discontinues in Fee and takes back an Estate to himself and his Wife for their lives the Husband makes a Feoffment and dies the Wife Releaseth to the second Feoffee yet the first Feoffee may enter for the Forfeiture and she hath no Remedy and this case is supposed before the statute of 32 H. 8. But if the wife had not released but the first Feoffee had entered upon the second for the Forfeiture the Wife the Husband being dead might enter upon him for she may claim by the Lease and then the Entry for the forfeiture had avoided the Discontinuance and so she may enter by vertue of the Lease made by the first Discontinuee If Tenant for life be disseised and the Disseisor is disseised and the Lessor releaseth to the second Disseisor and the first Disseisor outs him he hath no Remedy by Writ of Right or otherwise Quod nota A Gift in tail is made with Warranty the Donee releaseth the Warranty to the Donor the Reversion is granted the Donee atturns if the Issue in tail be impleaded he shall not vouch for the Release hath extinguisht the Warranty for ever for the Statute is of Tenements c. and this is no Tenement but a Covenant reall which is Extinguished by the Release As if an Annuity be granted in tail a Release from the Grantee dischargeth it If a false Verdict passeth against Tenant in tail a Release made by Tenant in tail of all his Right shall not bar the Issue of his atttaint but if he releaseth all false Oaths to one of the Petit Jury Quaere if the Issue shall have an Attaint And a Partitione facienda is maintainable by the Issue in tail by the equity of the Statute de donis c. contra form Feoffam Contributione faciend and a Release of them will not bar the Issue for it is of the Land and an Vse in tail is taken by Equity and Tenant by Copy c. shall be taken by Equity to have an Estate tail and shall have a plaint in nature of a Formedon So by some the Release in the principall case is no bar but Tenant in tail by his Release may extinguish an Accquittall granted by the Donor And Execution of a Recovery in value by reason of a Warranty and not a Recovery pro rata against his Coparcener If a man binds himself and his Heirs in twenty pound and dies his Executors having Assetts the Obligee Releaseth all Actions of Debt to the Heir the Executors pay the Assetts to other Creditors some think the Obligee shall have an Action of Debt against the Heir for at the time of the Release the Obligee was not intitled to have an Action of debt against the Heir but if neither the Heir nor Executors had Assetts and then the Debt is released to the Heir and after Assetts come to the hands of the Heir it seems the release will bar him If Tenant for life commits Wast and grants over his Estate the Lessor releaseth all Actions to the Grantee yet he shall have an Action against the Grantor for he was not intitled to have an Action against the Grantee So if Tenant in Dower or by the Curtesie who have granted over their Estates otherwise of a Release of Land A. makes a Lease for life and grants a Rent out of the Reversion a Release made by the Grantee to Tenant for life will not extinguish the Rent so if a Rent be granted by Tenant for life a Release to him in Reversion will not extinguish the Rent A Lease is made for life the Remainder for years he in Remainder Releaseth to Tenant for life all his Right in the Land the yeares are drownd but if the Release had been Habendum the Land during the years then the term for years had continued As if a Lease is made for life and after a Release is made to Tenant for life Habendum to him for forty years after the Lease for life ended there he shall take it as the words direct And some say that a Release made by Tenant for years to the Lessor extinguisheth the Term orherwise of a Release by Tenant for life And if a Lease for years be made to commence at Easter and before Easter he releaseth all his Right to the Lessor the years are Extinguished If Lessee for years be â—jected and Releaseth to the Disseisor the Lessor may enter but otherwise of a Release made by Tenant for life If one makes and delivers an Obligation at Michaelmas which bears date at Christmas following and at the Feast of All Saints he releaseth to the Obligor all Actions and after Christmas he brings an Action of Debt he shall plead the Release and say the Obligation was delivered at Michaelmas and that the Release was delivered at All Saints according to the date If the Disseisee releaseth to the Disseisor all Actions and dies and the Disseisor dies and his Heir Enters and the Land discends to the Heir of the Disseisee it seems by the Release of all Actions which he hath or may have afterward by the same Right are discharged So of Actions which his Heir might have for the same Disseisin So that a Writ of Entry in the Quibus is Released although his Heir had no cause of Action at that time then it is in a manner as if he had released after the descent as to the Extinguishment of the Action then being he had a Right notwithstanding the Release so that he might enter that Right is not taken away by the descent after Some think a Release of Actions is but a Conclusion which goes in privity of blood and not of Estate and therefore after such a Release to the Disseisor if he aliens over the release is not pleadable by the Alienee for he is not privy and it doth not go with the Estate So if a Disseisor makes a Lease for life with a Remainder over and the Disseisee releaseth all Actions reall to the Tenant for life who dies he in Remainder cannot plead it as if it had been a Release of Right and therefore if a Release of all Actions had bin made to him in Remainder that had been void to all other purposes so such a Release of Actions shall not extinguish a Right if the Entry be taken away otherwise than by an Estopple which being removed by the descent in Law the Release ceaseth to be a Conclusion after Some think if the Heir of the Disseisor infeoffs two and the Disseisee releaseth all Actions to one of them and he dies the other shall not plead it and so if two are Disseised and one releaseth all Actions to him that is in by descent and dies the other as Survivor shall have an Action for all the Land If Tenant for life commits Wast and grants over his Estate in
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
but if he dye and his Heir in by Descent he cannot enter After a Discent the Disseisee abates the wife of the Disseisor recovers dower by confession if the disseisee may enter A Lease for life is made rendring a Rent with a Re-entry for default of payment the Lessor hath cause of Entry the Lessee is disseised and a discent cast the Lessee dies the Lessor may enter for the Land was alwayes recontinuable by Entry If Lessee for years upon Condition be outed after the term and a dissent cast the Lessor shall enter for breach of the Condition Escheat IF Lessee for yeares makes a Feoffment and the Lessor dies without Heir the Lord shall not enter for the Escheat for it is a good Feoffment against him A. infeoffs B. so long as Paul's Steeple shall stand B. dies without Heir if the Land shall Escheat Vide Attainder Bastard Estate IF a Lease be made so long as A. and B. shall be Justices if one of them be removed the Estate is determined for the time was in the Copulative and a Collaterall determination But if it had been during their lives and one of them had died the Estate had continued A. hath Issue a Son and a daughter Land is given to the daughter and to her Heirs Females of the body of the Father begotten she hath not Estate tail but for life only Inst If a lease be made to a Dean and Chapter for their lives they shall have a Fee for they never die If a Rent of twenty shillings a year be granted until the Grantee shall receive twenty pound the Grantee hath an Estate but for twenty years for it is certain So if it had been granted untill A. shall arive at his full age he takes but for years If Land of twenty shillings a year value be granted until he shall receive twenty pounds out of the Issue and profits and Livery be made he takes an Estate for life by reason of the uncertainty of the profits If A. makes a Lease for life reserving a Rent and if it be behind that he shall enter and retain til he hath received the Rent out of the profits of the Land all the Estate of the Lessee is defeated 30 E. 3. 7. If A. hath two Daughters and the Eldest gives Land to the youngest and to the Heirs of the body of the Father begotten there passeth but an Estate for life for the donor is one of the Heirs and it cannot be an estate tail in her self of her own making and it cannot inure to the other for she is not Heir But if it had been given to the youngest the eldest being born out of the Realm it shall go to him Estopple IF a Praecipe be brought against the Father of the Sons Land and he loseth and the Son after the decease of the Father brings a Writ of error to reverse the Recovery and Judgement is affirmed the Recoveror may enter upon the Son for by bringing his writ of Error he is Estopped to say that his Father was not seised If an Infant delivers a deed Which bears date two years after and at the end of the two years he is of full age he shall not be Estopped to shew the delivery before the date neither shall a Fem Covert Husband and Wife seised and to the Heirs of the Husband the Husband makes a gift in tail the Wife recovers against the donee in a Cui in vita supposing that she hath a Fee and dies and the donee dies and the Issue of the Husband and Wife brings a Formeâ—on in Reverter and though he was Heir to the Wife he shall be Estopped to say that he had a lesser estate than in Fee yet the Issue who claims by the Husband shall not be Estopped Vide Dower Estover A. seised of an house on the part of his Mother and Estovers are granted to him in Fee and he dies without Issue the Estovers are extinct If there be two disseisors of a house and they have Estovers granted to them to be imploied in the same house and the disseisee releaseth to one the Estovers remain for part If one hath Estovers in certain in ten Acres of wood and five of them descend to him he shall not take the whole out of the residue Exchange IF A. exchanges twenty Acres with B. for ten of equall value B. is impleaded and loseth ten Acres vouching A. and recovering in value she shall have all the ten Acres again which he gave to A. and retain the ten Acres Residue without Warranty for the folly of A. IF A. exchangeth Land with B. in Fee who infeoffe a stranger one enters into the Land of A. by Title Paramount he cannot enter upon the Feoffee of B for the privity of the Exchange is determined by the Feofment If A. and B. exchange Land and A. makes a Lease for life B. is impleaded and recovers in a Warrantia Chartae and hath execution of other Land the Tenant for life dies A. enters upon whom a stranger enters by Title Paramount he hath no remedy for the Land rendred in Value for that doth not go in privity as the Exchange doth If A. and B. exchange Land and A. dies in a Praecipe against B. he vouches the Heir of A. who enters into Warranty and cannot bar the Demandant by which he recovers and B. over in value the Demandant enters if B. may enter upon the Heir or is chased to his Habere facias ad valentiam Some think he may enter for a descent is not material against a Condition as this is for if there had been an express Condition he might have entred and so he may now But if part of the Land exchanged had been recovered against B. he could not have entred for he shall not be his own Judge of the portion But where all is recovered the whole Exchange is avoided and therefore he may enter If one Exchangee makes a Feofment of his part the other shall not enter upon the Feoffee for the Condition is determined and dissolved But Quaere if after the Feofment the other may vouch If two Acres are exchanged for a Mannor and a stranger enters by title Paramount into one Acre he shall enter into all the Mannor for it is an entire thing And Quaere if he shall retain the other Acre Execution IF Tenant in tail with a Remainder over with VVarranty recovers in value and dies before Execution he in Remainder shall sue Execution because he is privy If Tenant in tail dies without Issue If a man Recovers in value Land in Burrough English Quaere if the youngest Son shall sue Execution But if the Issue in tail recovers in a Formedon and dies without issue before Execution the Donor cannot enter or have Execution If tenant in tail discontinues and dies leaving a daughter his Wife Privement Enseint with a Son the daughter recovers in a Formedon and dies the son born cannot enter or have Execution But
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
possession to which he had more right than the Disseisee had As if the Heir who is in by Descent brings an Assize against his Disseisor it is no plea for him to plead the Release of the Disseisee Causa qua supra If a Reversion be granted to an Infant and the Tenant atturns at his full age yet he may disagree for the Grant which was the principal was in his minority If an Infant makes a Lease to commence in futuro and after makes a Feoffment being either at full age or under age the Feoffee shall not avoid the Lease If an Infant delivers a Deed bearing date two years after and at the end of the two years he is of full age he shall not be Estopped to shew the delivery before the date If a Fem Tenant in tail marries an Infant who aliens and dies the wife cannot enter upon the Feoffee for she is not privy in blood to the Infant and privy in Estate onely will not do As if there be two Jointenants and one is a Minor and they are disseised and a Dissent cast the Infant dies the Survivor cannot enter as the Infant might Neither shall a Lord by Escheat or Donor take advantage of Infancy If Land be given to an Infant and his Heirs Females and he hath a Son and a Daughter and aliens and dies his Daughter cannot enter for she is but a speciall Heir Quoad hoc In the principall case if the Wife had been Tenant in Fee simple the Heir of the Infant shall not enter upon his alienation as Litt. says for the Wife had the Right and a Title of Entry which was in Right cannot descend to the Heir of the Husband but in this case being the Husband hath given a Fee simple and had but an Estate in tail in Right of his Wife so that more is given than he had in Right of his wife makes this case more doubtfull than Litts but yet it seems the Heir may not enter for he cannot have the same Estate which his Ancestor had and the Right of the Estate tail survives to the Wife for if Land be given to an Infant in tail who aliens and dies without Issue his collateral Heir cannot enter for the Estate is determined which the Infant had at the time of the Gift for if an Infant be Tenant Par auter vye and aliens and Cesty que vye dies the Infant himself cannot enter 5 E. 4. 5. But in the principall case if the Infant had made a Gift in tail his Issue might have entred by reason of the Reversion but otherwise where no Estate descends to the Heir If Tenant in tail to him and his Heirs Females aliens and dies leaving Issue a Son and a Daughter the Son shall not enter no more shall the Daughter so of the youngest Son in Borough English If Tenant in tail infeoffs within age and after is attainted of Felony his Issue shall not enter for he is Disabled in blood If an Infant be disseised and a descent cast during non-age and after he comes of full age the Heir of the Disseisor dies before his Entry the Infant may enter for the Heir was never possest for he had but a possession in Law Joinder in Action IF two Parceners dye before Partition and a stranger abates the Issues shall not join in a Mortdancester for the Stat. of Gloucester ca. 17. is only when one Right descends to divers but every issue claims her right from and by her Mother so that severall Rights descended to them and so out of the Stat. and is as it was at the common Law and therefore if Parceners are disseised their issues shall not join in a Writ of Entry but shall have severall Writs in respect of their severall Rights as they shall have severall Formedons If one hath cause to have a Writ of Ayel another of Besayel they shall not join for they have cause to have severall Writts But where one is intitled to have a Writ of Mortdancester and another Ayel or Besayel there they shall join But if none of them may have an Assize then there is no Remedy by the Statute 2 E. 3. 34. 48 E. 3. 14. 24 E. 3. 13. If I recover in an Assize and after I am disseised by the same person and another I shall not have a Redisseisin for it must be against the same person If two Parceners make partition upon Record of an Advowson the Eldest presents first and after the youngest and the Eldest and a Stranger present in the turn of the youngest the youngest shall not have a Scire facias against them for the Stat. of Westm 2. does give it against those that were parties to the Record but she may have it against her Sister But in the first case a Redisseisin doth not lie against the Redisseisor for he may plead Jointenancy but in the last case it is no plea that another presented with her for she may have a Quare Impedit against both or several Actions as a man may in Trespasse made by two So if the Lord distrain his Tenant and he sues a Replevin and after the Lord distrains the beast of a stranger and another beast of his Tenant the Tenant shall have a Recaption But if the Lord had distrained again the beasts which his Tenant and the stranger had in common there he could not because for the last distress they ought to joyn and the stranger cannot join in the Recaption If a stranger makes a Rescous to the Lord the Lord shall not have an Assize against him alone without the Tenant because he cannot be said Tenant of the Rent but against the Pernor he may have an Assize only And if there be Lord Mesne and Tenant and the Tenant makes Rescous to the Lord â—an Assize is not maintainable only against the Tenant And if there be Lord two jointenants Mesnes and Tenant and one of the Mesnes and the Tenant makes Rescous the Lord shall not have an Assize against one only but he ought to name both the Mesnes Two Fems Jointenants in Fee have Husbands who make severall Feofments of their Moities and die the Wives shall not join in one Writ of Right for their Right was discontinued at several times So if one Jointenant disseiseth the other and makes a Feofment within Age and dies or if two Infants Jointenants make several Feofments and one dies the other hath no Remedy for the Moity but otherwise if wrong had been made to them at one time though severall wayes If there be issue of two Parceners one dies and the other endows the Wife one Action shall be maintained against both v. 9 E. 4. 14. against Tenant by the Curtesie and the other Parcener 21 E. 3. A Scire facias brought against Tenant by the Curtesie and the other Parcener and good Land is given to four Habendum one Moity to the first two the other Moity to the other two the first two are Jointenants with
shall not have the possession in fact or in Law before Entry If one Jointenant leases his part for years a stranger enters claiming the moity of the other who waives the possession it seems it is a Disseisin to him though the Termor continues in for they are Tenants in common and though the possession of the Lessee be the possession of him in Reversion sc his Companion but è contra if the Termor had waived the possession and the other continues in it seems that he in Reversion cannot be out of possession for his Joint Companion held it Two Jointenants in Fee of a Rent Charge a Stranger takes it to the use of I. one releaseth to the Pernor the other to the Tenant if by the last release he shall be said in possession ab initio then the first release to the pernor is void for the possession of one is the Possession of both Possessio fratris A. Makes a Lease for life and dies having a Son and a Daughter by one venter and a Son by another the Eldest Son grants the Reversion in tail the Tenant atturns and he dies the Grantee in tail dies without Issue Tenant for life dies it seems the Daughter shall have the Land not the youngest Son The Disseisee dies having a Son and a Daughter by one venter and a Son by another the Son after the descent enters upon the Heir of the Disseisor and dies without Issue the Daughter shall not have the Land for his possession was tortious if the Father dies seised and the Eldest Son makes a Lease for life the mother recovers Dower against the Lessee the Son dies the Daughter shall have the Reversion and not the Son But if Tenant for life dies after the death of the Son and during the life of the Tenant in Dower Quaere who shall have the Reversion the Son or Daughter If A. makes a Lease for life and dies his Eldest Son disseises Tenant for life and dies Tenant for life dies the Son shall have the Land from the Daughter which is put in the book of Ass and the principall case is the Eldest Son endows his Mother and dies if the youngest Son or the collaterall Heir of the Eldest shall have the Land The Father dies seised of two Acres theSon enters into one saying nothing if that shall be a sufficient possession of the other Acre to make the Sister to be Heir Quaere Some think it shall not If a Disseisor or Feoffor on Condition enter into one Acre saying nothings there no more shall be gained by that Entry but in the principall case if the Acres had descended one from the Father and another from the Mother then the Entry into one is an Entry but into that only So if it had been on a Title for several Conditions 9 H. 7. 25. So the Entry of the Bastard into one Acre shall devest no morethan that for the Mulier had a possession in Law Quaere If a man makes a Lease for years and dies this possession in Law of the Reversion is sufficient to make the sister Heir Quare Impedit IN a Quare◠Impedit against the Patron and Incumbent it is no plea for the Incumbent to say that he hath been in six months upon the presentation of the Patron for none can plead Plenalty but he who by such plea may gain the Patronage and against whom a Writ of Right of Advowson is maintainable Quod vide in 16 E. 4. 11. But in a Quare Impedit against the Ordinary and Incumbent the Incumbent shall say that he hath been in six months upon the Collation of the Bishop by reason of Laps because no Patronage is gained by that so note the Diversity 2 R. 2. Encumbent 4. 18 E. 3. Quare Imp. 4 8. 13 H. 8. 14. 14 H. 8. 31. 39 E. 3. 30. Recognizance vide Statute Record IF a Record in the C. B. be pleaded in any other Court of the King where it is requisite to be produced it must be exemplisied under the Great Seal of England and the Seal of the Court is not sufficient but if he pleads it in C. B. there if he shews the Exemplification under the Seal of the Court it sufficeth for in the one case it is Teste meipso and in the other Teste the Chief Justice Relation IF a Feoffment be made of a Mannor when Atturnment is had the services passe ab initio If a Lease be made for life the Remainder to the King and Livery is made and after th e Deed is inrolled now the Remainder passes to the King as a Remainder ab initio If Land be given to Baron Fem in Fee he dies and the Wife waives the possession and recovers her Dower against the Heir she shall recover Damages for by her refusall the Husband shail be said to die seised Keylway 104. p. 14. If a man who hath a Villein delivers an Escrowl of Enfranchisement to be delivered to his Villein seven years after and before the end of the seven years he dies and the Deed is after delivered that will be a good Enfranchisement by relation Vide Barg Sale Release LOrd Mesne and Tenant the Tenant holds in Socage and the Mesne in Chivalry the Tenant makes a Gift in Frankmarriage the Mesne releaseth ro the Donor the four degrees passe the Donor seiseth the Ward of the Issue and enters into the Land and he brings an Action of trespass some think it is maintainable If Lessee for years makes a Feoffment to two a Release to one shall inure to both If Tenant in tail makes a Lease for life the Remainder for life and releaseth to him in Remainder and his Heirs if the first Tenant for life dies in the life of Tenant in tail it is a Discontinuance The Tenant holds ten Acres by ten pence and makes a Feoffment of one the Lord grants the Rent reserving the Fealty the Tenant Atturns the Grantee releaseth all his Right in the Land to the Tenant yet he shall have one penny for the Feoffment severed the Seignory and by the Grant two Rents passed and but one is extinct by the Release viz. the Rent of Nine pence Two Disseisors make a Gift in tail to hold in Chivalry the Disseisee releaseth to one the Donee dies some think this Release will inure to both Two Women disseise another and make a Feofment to their Father who dies so that the Land discends to them the Disseisee Releaseth to one it shall inure to both for betwixt themselves they are in by Title If a Disseisor dies seised having two Daughters Bastards and the Disseisee releafeth to one of them that shall inure to both A. makes a Feoffment to two upon Condition which is broken the Feoffor releaseth to one it shall operate to both for they are not in by wrong and a Release where it countervails an Entry and Feoffment doth not extend to Titles If a Disseisee enters upon two Disseisors and they
If two Parceners are seised in tail and one grants a Rent to the other for Equalty of Partition she shall have an Estate tail in the Rent 2 H. 7. 5. and note that the Estate in the Rent shall be of the same nature of the Estate received and not of the nature of the Estate out of which it issues As if there be two Parceners of one Acre in Fee and of the other in tail and upon Partition she which hath the Acre in Fee grants a Rent to the other that Rent shall be in tail and not in Fee but if she which hath the Acre in tail grants a Rent to the other that shall be in Fee for if she dies without issue her Heir shall have it as long as the other hath issue of ber body But if there be four Acres in Fee and one in tail and she which hath the four Acres in Fee grants a Rent to the other that shall be in Fee Quia sequitur magis principale If the Lord grants the Rent saving the Seignory and the Tenant is after disseised and atturns this is void for it is now a Rent Seck in which there is no Attendancy but a Charge to the Land If a man grants a Rent reserved upon a Lease for life saving the Reversion it is a good Rent Seck if the Tenant atturns But if there be Lessee for years rendring a Rent and the Rent is granted over saving the Reversion that is void for debt cannot lie by the Grantee and he cannot have any other action If the Feoffec upon Condition pays twenty shillings to the Lord whenas the Tenure was by Fine the Feoffor after his Entry for breach of the Condition is bound in a Replevin So if Lessee for life with Condition to have Fee and the Lessor pays more Rent to the Lord than he ought and after the Condition is performed the Lessee is bound in a Replevin So if a Seignory of twenty shillings is granted over by Fine and the Tenant aliens over and after pays forty shillings to the Lord the Feoffee is bound If a Lease be made for life rendring the first four years a Rose and after a yearly Rent of twenty shillings and the Lessor grants the Rent of twenty shillings to commence after the four years this Grant is void for the Rose and twenty shillings are all one Rent and if the Grant should be good the Grantor should have the Rose for four years whereas before he had the Freehold and then it is as if one had a Rent in Fee and grants it over after four years that Grant is void otherwise of a Rent created de novo If a man hath a Rent in Fee and becomes Tenant by the Curtesie of the Land and dies his Heir shall have a Mortdancester of the Rent which he could not have had if his Ancestor had not died seised So if an Assize be brought against the Pernor of a Rent and after the Plaintiffe is nonsuited the Disseisee of the Rent is chased to his Action for the Rent for the dying seised takes away his Entry viz. where the Pernor had an Estate for life in the Tenancy Lessee for twenty yeares makes a Lease for ten years reserving a rent and after makes a Lease to the same Lessee for ten years to begin after his first Estate ended It seems that the first Lessee shall have the rent during the first ten years as a rent service and distrain for it for the last ten years are not out of the first Lessee nor vested in the other neither shall they untill the beginning of the Term and in the mean time he hath but a right or Title to the Term. If Tenant for life and he in reversion grant a rent charge and the Grantee releaseth all his right to him in reversion if the rent be extinct Quaere If a Lease be made of two Acres rendring a rent upon Condition to be performed by the Lessee that he shall have Fee in one Acre not saying in which and Livery is made of both the Lessee performs the Condition what rent the Lessor ought to have Quaere or if it shall be apporcioned being part of the reversion to which the rent is appendant is in the Lessee and by an Act that had relation So that it may now be said that the rent was never reserved out of that Acre which seems to be of the same effect as if there had been a gift made of two Acres the one in Fee and the other for years rendring a rent in this case it shall be of one only Acre for he may distrain of common right and out of the other Acre no remedy until after Seisin Also in the said cafe if the Lessor will distrain in one Acre the Lessee shall take his Election viz. he shall say that he hath Fee in that Acre and so exclude the Lessor The Son makes a Lease to the Father for life who makes a Lease to A. for life the remainder in Fee to the Son the Son grants a rent charge out of the remainder and releaseth to A. in Fee the Father and A. die if his Issue shall hold it charged First it seems that the right Fee is devested and a tortious vested all in the same lastant As if Tenant in tail makes a Lease for life c. or the Husband makes a Lease for life of the Wives Land c. then in the first case the Rent being granted out of the Reversion it is the same as if it had been granted out of the Remainder for they differ not in substance And when the Son releaseth to A. and his Heirs all his Right that doth not inure as an Entry and Feoffment because A. was in by Title without Disseisin then that doth not give unto him the remainder as if he had released all his Estate in the Land or all his right Habendum the Land in Fee but here he had the right and the Estate and then a Release of right doth not inure to the Estate then if the release doth not perfect the remainder if the Grant of the rent which is an assent to the remainder doth so inseperably unite the remainder and the Rent that the right shall be drownd in the Estate for the preservation of the Rent and some think not for if the Disseisee takes an Estate in Fee from him who hath the Land by Descent he agrees to it and yet if he dies his Heir shall be remitted and so the rent charge avoided But others think that being by the Grant of the rent charge he hath agreed to the remainder and so to the Livery he cannot after enter upon the Tenant for life and then the release gives the remainder and so the Land is charged Where a Woman shall be endowed of a rent Vide Dower If a rent seck be granted and after it is granted that he may distrain in the same Land and after the Grantee brings a writ
Mortmain also Conditions and Titles are always said to be in possession as a Rent is and then a Warranty to the Tenant of the Land will not extinguish them Lord by Escheat shall not vouch by reason of a Warranty if a Seignory be granted with Warranty and a Tenancy Escheat the Warranty shall not extend to it Vide Fitzh 18. Voucher Father and Son and a third person are Jointenants the Father makes a Feofment of all with Warranty and dies the Son dies the third shall have an Assize of but one part by some and yet the warranty commences by Disseisin as to the Son but yet the Survivor cannot deny but that this Warranty is collaterall for he comes not under the estate of the other If a Lease be made for years to the Grandfather remainder to the Father for life remainder to the Son in Fee the Grandfather enfeoffs with Warranty it comences by disseisin to theFather and collateral to theSon for the Feofment was not a disseisin to the son If the Father be Lessee for years remainder for life to the son remainder over for life remainder in Fee to the Son the Father enfeofs with Warranty it comences by disseisin as to the son for theFreehold but for the Fec t is collateral Quaere by some in all cases every man shal a void a Warrantywhich comences by disseisin vid. Fitz. War 28. If a Lease for life be made remainder for years with Warranty Quaere if this Warranty will benefit him in remainder being the precedent estate is of another nature If a man makes a Lease for life on Condition that if the Lessee doth such an act that the Lessee shall have Fee and warrants the Land in forma praedicta that Warranty extends to the Fee but if the Feoffor dies and then the Condition is performed then if it be available is the Question being the Lessor was not bound to Warranty during his life and then the Warranty which was annext to the Freehold is gone for the greater estate drowns the lesser And to provethat the greater drowns the Warranty it was said if Tenant in tail be with Warranty to him his Heirs and Assigns hisFeofee in Fee shall not besaid assignee nor vouch because he hath not any part of the Estate tail It was also said that if the condition had been performed in the life of the Lessor that the Warranty would not extend to it for it must be annext to something in possession But some take a difference that if in the first case the firstLease had been for years that the Warrantycould not extend to the remainder because the first estate was but for years and of another nature but it would be otherwise in a Lease for life And it was said if a Lease for years be made remainder in Fee with Warranty he in remainder can't take advantage of the Warranty because he Was not privy to the first deed and thenhe cannot take as an immediate Warranty because the first Estate was of another nature a reversion descends to Barow Fem Lessees for life as to the Issues of two parceners theHusband dies thewife shall have the wholeFreehold asSurvivor and the Fee shall be executed for a moity because the other moity goes another way sc to the Heirs of the Husband and he shall dereign the Warranty annexed in Fait to the first estate for the moity and not for the other moity because the Fee is executed If Land be bargained sold by Indenture in Fee with warranty the Indenture is delivered and after inrolled within six months if he shall vouch Quaere because the nature of a Covenant is that it ought to take effect presently by the delivery of the deed and then the Warranty was void because the Land did not pass at that instant and though the Inrollment makes it to pass ab initio yet the relation shall not make a void Warranty good To which it was said if one makes a Feofment with a Letter of Atturny and warranty is in the deed by the delivery the Warranty shall be good and yet the deed was delivered before If a gift in tail be made with warranty to a man his Heirs and Assigns and he makes a Feofment and dies with Issue in a Formedon in Reverter the warranty shall not be a bar not with standing the book of the 39 45 E. 3. 4. If the Lord confirms the estate of the Tenant with warranty and after the Tenant ceases the warranty shall not be a bar in a Cessavit notwithstanding the Seignory which was in Esse before the warranty made was the conveyance to his action because the action a rises upon an after cause Tenant by the curtesie of a Seignory whereof a Tenancy escheat make a Feofment with warranty if it shall be a bar to the Issue without Assets Quaere A Fem which hath a Rent Charge in Fee marries with the Tenant of the Land a stranger release to the Tenant with warranty the warranty can't extend to the Rent because theRent was suspended by act in Law and the wife if the Husband dies nor the Heir of the wife living the Husband cannot have any action for the rent upon a Title before the warranty made for if theHeir of the wife brings a Mortdancester that is de puisne temps and after the warranty so if the Grantee of a rent grant it on condition to the Tenant who makes aFeofment of the Land with warranty thatwarranty can't extend to the rent and yet theLand was discharg'd of the rent but all the actions shall be took as the cause of action arises afterward for if the condition be broken and after an action be given that shall arise after the warranty made but if a Fem which hath a rent marries with the Tenant who makes a Feoffment of the Land with warranty and dies and the wife brings a Cui in vita of the rent there the Feoffee shall vouch as of Land discharged So if Tenant in tail of a rent purchases the Land and makes a Feofment and the Feoffee aliens with warranty or if Tenant in tail of a rent releases to the ter Tenant who aliens over with Warranty if the Issue brings a Formedon he shall vouch as of Land discharged So if an Infant hath a rent and disseises the Tenant and is disseised by another who aliens with warranty that warranty shall extend to the rent because in all these cases the Land is discharg'd of the rent at the time of the Feofment in Fee and the action is conceived upon a Title Paramount to the warranty But if a man grants a Rent Charge out of Land to commence at Mich. and the Tenant makes a Feoffment with warranty or if a rescous be made and after the Tenant makes a Feofment of the Land with warranty as it is in 31 E. 3. in a Warrantia chartae there the warranty shall not extend to the rent because the rent was not in
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
the first case is avoided for the freehold was discharged The Father disseises the Son and grantes a Rent Charge in fee and then makes a Lease for years the Son confirms the Lease the Father dies the Rent is extinct So if a man grants a Rent Charge in Fee and makes a Lease for years and grants a Reversion to the King or to the Grantee the Rent is gone If there be two Disseisors and the one grants a Rent Charge the Disseisee releaseth to the other and his heirs he shall hold it discharged for he claims meerly from the Disseisee But if one hath two Sons by divers venters and dies and before entry the Eldest grants a Rent Charge and dies without Issue the youngest hath the Land from his Father yet he shall hold it charged for the eldest hath such an estate as he might charge for if the eldest had died without Issue and the Land had gone to the Unkle and from the Unkle to the Father though the Father cannot be Heir to the Son yet being the Land was charged he shall hold it charged so in the other case Quaere for there is a Mesne descent Tenant for life the Remainder in Fee makes a gift in tail with a Remainder in Fee he in the first Remainder releases all his Right to the Donee in tail not saying to his Heirs and after he 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 For if he be remitted to his ancient Right then the Land is discharged against him And some think the Release could not give the Right in Fee which the Releasor had to the Releasee himself for then in a manner he might Release to himself and if the Release inures but as a Confirmation then without question the Heir shall be remitted and shall hold it discharged but if the Remainder had been appointed in tail to him who had it before in fee the Remainder over in fee then the Release ought to inure to the first Estate in tail and also to the Fee and then if the last fee be fortified the mesne Remainder is established and so the Release inures to himself The Son makes a Lease to the Father for life who makes a Lease for life to A. the Remainder in fee simple to the Son the Son grants a Rent Charge out of the Remainder and after Releases to A. and his Heirs all his Right in the Land the Father and A. die if his Issue shall hold it charged first it is cleer that the Right Fee is divested and a tortious Fee setled in the Son all at one Instant as if Tenant in tail makes a Lease for life the Inheritance of the estate in tail is devested and a fee simple vested all at one moment So if the Husband makes a Lease for life of the Wives Land the fee which the Husband had in right of his Wife is devested and a new foe in himself in his own right vested at the same time So in the first case then when it is granted out of the Reversion it is all one as if it had been granted out of the Remainder because a Reversion and Remainder agree in substance viz. Terra revertens then when the Son released unto A. and his Heirs all his Right that shall not inure as an Entry and Feoffment for A. was in by Title without Disseisin then it does not give to him the Remainder as if he had Released to him all his estate in the Land or as if he had released all his Right Habendum the Land in fee for there the fee passes but here he hath both the Right and the Estate and then a Release of the Right does not reach the Estate Others are of opinion that the Right in fee cannot drown in the Estate for life and in the Remainder it cannot merge for then in truth he releases to himself But if a Fem Disseisoress make a Lease for life and after marries with the Disseisee who Releases to the Tenant for life in Fee the Fee will Merge in auter droit for the benefit of the Estate in Fee in Reversion then if the Release do not perfect the Remainder if the Grant of the Rent which is an Assent to the Remainder does so inseperably unite the Remainder the Rent and the Right so that the Right shall be drowned in the Estate for the preservation of the Rent and some think it shall not for if a Disseisee takes an Estate in Fee from him who hath the Land by descent he agrees unto it and yet if he dies seised his Heir shall be remitted and so the Rent charge avoided But others think that in as much as by the grant of the Rent charge he hath agreed to the Remainder and so to the Livery he cannot now enter upon the Tenant for life and then the Release gives the Remainder and so the Land continues charged Claim IF a Reversion be granted upon Condition which is broke the Reversion shall be adjudged in the Lessor without Claim for the Grantee was privy to the Condition as if a Condition be annext to the Feofment that if the Feoffee doth not perform such an act that then he shall have it but for life if he does not perform it the Estate in Fee is presently vested in the Feoffor without Claim for he was privy to the Condition But the Lord shall not have a Reversion granted to his Villein or aliened in Mortmain or to his Mother who consents to a Ravisher without claim for there is no Privity But in these cases if the particulartenant hath an Action of Wast brought against him by the Lord or his Son perhaps the using of the Action will countervail a Claim And note that he ought to come upon the Land and make a Claim and he shall not be punish'd for it no more than the Lessor who comes upon the Land to see if Waste be committed for it is a Condition in Law annex'd to all the Cases The Heir makes a Feofment upon Condition the Mother recovers Dower the Condition is broke Quaere what course he must take to recover the Reversion for if the Mother recovers her Dower against an Abator the Heir shall not gain the Reversion by Claim And if Tenant for years be outed and the Disseisor dies seised and the Terinor enters many are of opinion that the Disseisee shall not have the Fee by Claim If there be a Disseisor of twenty Acres and the Disseisee enters into one saying nothing he may have an Assise for the rest for the Possession shall not be devested by the construction of the Law without a particular Claim of the party Capacity LAnd is given by Deed to A. and a Dean his Successors and Livery is made to A. in the name of both the Dean takes nothing for they take in several Capacities
was discovert when the Devise took effect If Land be Devised to an Alien and he is made a Denizen before the Devisor dies he shall take by the Devise for all takes effect after the death of the Devisor Disablement IF I grant an Annuity upon Condition that the Grantee shall promote me to a Benefice within seven years within which time I marry and my Wife dies within the Term yet the Grantee is discharged for I had once Disabled my self to accept of the Benefice and he had the Liberty to have tendered it at that time and I being then Disabled to receive it it countervails a Tâ—â—â—â—â—r and Refusall So if I am bound to marry a woman by such a day and she marries another and the Husband dies before the day yet I am discharged of my Obligation But if he who was to be promoted or married had been a Stranger to the Obligations it had been otherwise If I am bound to enfeoffe the Obligee before a day and before the day he takes a Lease for yeares of the same Land which expire before the day yet I am discharged but it had bin otherwise if there had been no day limited for there it is not to be done before request A Feoffment is made to Re-infeoffe the Feoffee grants a Rent Charge the Grantee brings a Writ of Annuity and recovers if this be a Disablement to Re-infeoffe Quaere Disagreement A Lease is made to Baron Fem for the life of the Baron the Remainder to the Right Heirs of the Husband the Husband dies the Wife cannot Disagree for the Estate is determined But if the Estare had been made to them by a Disseisor she might disagree to save herself from Damages If Land be given to Baron Fem in Fee and the Baron makes a Feoffment and an Ancestor collaterall of the Wife Releases with Warranty and dies the Husband dies the Wife cannot disagree and claim her Dower for her Estate was bound and her Right determined by the Warranty If the Husband be remitted to an Estate the Wife may disagree and claim her Dower An Atturnment is good although he that Atturned doth after disagree Vide Dower Baron Fem. Discharge IF the Disseisee enters upon the Heir of the Disseisor end grants a Rent Charge and dies the Issue shall hold it discharged for he is remitted to his ancient Right So if the Heir of the Disseisee enters upon the Disseisor and grants a Rent Charge and the Disseisee dies But if the Son disseises the Father and A. and the Father dies he shall hold it charged for he is not remitted If the Father disseiseth the Grandfather and grants a Rent Charge and dies the Son shall hold it discharged for he claims from the Grandfather Lord Mesne and Tenant the Tenant aliens in Mortmain the Lord enters and grants a Rent Charge and after his Title is come viz. the year is past and the Mesne hath not entred the Lord shall hold it discharged and his Issue also for he shall not be remitted for a Title as he shall be for a Right accrued If the Father disseises the Grandfather and dies and the Son enters and grants a Rent Charge and the Grandfather dies he shall hold it discharged although he was of full age at the time of the Grant As if Tenant in tail infeoffes his Issue within Age who grants a Rent Charge at full age and then the Tenant in tail dies the Issue shall hold it discharged If the Disseisor grants a Rent Charge to the Disseisee who grants it over and after enters he shall hold it discharged So if Tenant Pur auter vye grants a Rent Charge and the Reversion descends upon him and cesty que vye dies he shall hold it discharged If a Stranger disseises the Father and grants a Rent Charge and infeoffes the Son and the Father dies he shall hold it discharged Land is given to A. and B. for their lives the Remainder to the Right Heirs of him who survives B. grants a Rent Charge in Fee A. dies if the Heir of B. shall hold it discharged Quaere If it had been given to them Quam diu simul vixerint and to the Heirs of him who first dies the Heir shall not take the Land by descent but by purchase A. having a Wife makes a Feoffment upon Condition and dies the Wife is endowed by the Feoffee and then grants her Estate to the Feoffee reserving a Rent by Indenture the Heir enters for the Condition broken he shall hold it discharged of the Rent Note her Title to the Land was Paramount to the Condition but Puisne to the Rent If a Dean hath a Rent Charge in Fee and the Tenant aliens the Land to the Dean in Fee the Lord enters for the Alienation in Mortmaine he shall hold it discharged of the Rent for when he entred for the Alienation in Mortmain he did not avoid the Livery but affirm'd it by his Entry So if the Dean before the Entry had entred into a Statute the Lord should have holden it discharged of the Execution But if Tenant for life aliens in Fee to him that hath a Rent Charge issuing out of the Land and the Lessor enters for the forfeiture he shall not hold it discharged for the Lessor hath the same Feesimple he had before the making the Lease and has his own Estate and not the Estate which the Lessee gave to the Feoffee Many think the contrary in the first case for his Estate in the Land was always defeasable Vide Charge Rent Execution Discent A Disseisor infeoffes his Wives Father who dies so that the Land descends upon the Wife if the Disseisee may enter Quaere The Husband surrenders the Freehold of his Wife to him in Reversion who dies seised if the Wife may enter after the death of her Husband for there seems to be a discent If a Gift in tail or Lcase for life be made rendring a Rent with a Re-entry for default of payment the Lessor hath cause of Entry and the Estate in tail expire or Lessee for life dies after a Disseisin or Descent yet the Lessor c. may enter for the Land was recontinuable at all times And if Tenant for years with a Condition be outed after the term and a Discent cast the Lessor shall enter for the Condition broken Lessee for years the Remainder in tail he in Remainder grants in Fee the Lessee at turns the years expire the Grantee enters and dies seised Tenant in tail dies the Issue may enter for the Grant was but for the life of Tenant in tail and then he died not seised in Fee and if the dying seised had been after the death of Tenant in tail If it will take away the Entry Quaere But if the Issue of the Issue of the Grantee had entred and died seised the Entry had been taken away If Tenant in tail infeoffs his Donor who dies seised the discent will take away the Entry
he shall retain against the Disseisee for the procurement does not make him a Disseisor 50 E. 3. 2. v. Lit. in Remit cont If the Issue in tail procure one to Disseise the Disseisor of his Faâ—ther whose Heir is in by descent against whom the Heir recovers the Issue shall retain it If the Disseisor makes a Feoffment and marries with the Disseisee he may enter in his Wives Right After a Dissent if the possession comes to the Disseisoâ— the Disseisee may enter for the Action remains to him after the descent If one Disseises Tenant for life to the use of him in Reversion and he agrees if he shall have the new Fee or the ancient for now he is a Disseisor ab initio If he had been a Disseisor immediately he had gained but a Freehold by Tort but now he Agrees to that which another hath and that is a Fee If one Jointenant makes a Lease for years of his part a Stranger enters claiming the Moity of the other who waives the possession that is a Disseisin to him though the Termer continues in possession for they were Tenants in Common Otherwise if the Termor had waived the possession and the other had continued in for the Reversioner cannot be out of possession when his joint companion held in Divorce 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 Land is given to I. and A. his Wife and to another Baron Fem in Fee they are disseised and I. releases to the Disseisor and then I. and A. are divorced for cause which hath relation A. and the Baron Fem bring an Assise leaving out I. Some think it is maintainable for when I. and A. 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 which remains still A Lease for life is made to a Fem sole she marries the Lessor grants the Reversion the Husband atturns and after they are divorced yet the Wife cannot avoid the Atturnment A woman is divorced upon a surmise made by the Husband of a Precontract upon her part the Wife being seised of Land makes her Will and devises it away an Appeal then depending by the Husband to defeat the Divorce Quaere if the Appeal be not void being sued by the Baron for he is not the party grieved for he was the first Agent in the Divorce and therefore it ought to have ben sued by the Wife and so the Devise stands good 2 R. 2. Quare Impedit 143. Dy. 140. P. 46.4 H. 7. Peckams case 10 H. 7. 12. 24 H. 8. Ravishment 11. 39. E. 3. 33. A man marries an Insidel the Wife commits Adultery and then becomes a Proselite to the Christian Religion Quaere if this Adultery committed before her Conversion be a sufficient cause whereupon the Husband may sue a Divorce Dower LAnd is given to Husband and Wife in speciall tail reserving a Rent the Wife of the Donor brings Dower against the Heir of the Husband for the third part of the Rent A. having a Daughter dies his Wife enseint with a Son the Daughter disclaims the Lord Recovers in right of the Disclaimer a Son is born the Lord dies and the Land descends to his Son the Wife of the Lord brings Dower against him A. grants a Rent Charge in Fee to commence after the death of the Grantee who dies the Wife of the Grantee shall not be endowed and yet the Son takes as Heir But it was not in the Father and it shall not be Assetts in the Heir But if the Rent had been granted upon Condition that if the Grantee or his Heirs die their Issue within age that the Rent should cease until the Issue comes of full age if the Grantee dies his Issue within age his Wife shall be endowed but the Execution shall cease until the heir be of full age As if the Tenant be in Ward to the Lord and the Lord marries and dies possest of the Ward his Wife shall be endowed of the Seignory which was in suspence for the Freehold was in the Husband so in the last case before 24 E. 3. the Wife of the Father brought a Writ of Dower against the Heir within age and Recovered but cessat Executio until c. If the Heir doth Improve the Land the Wife shall recover her Dower of it as it is But if it be by building or other collaterall Improvement 't is otherwise Quaere if the Heir suffers the Houses to decay upon the Land if the Wife shall be endowed according to the value it was in the possession of her Husband or as it is now and shall be allow'd in Damages The Son of the Disseisor endows his Wife Ex assensu patris the Disseisee releaseth to the Disseisor if the Dower shall be avoided The Tenant Ceases for two years and after marries the Lord Recovers in a Cessavit the Tenant dies his wife shall be endowed against the Lord. If a Rent be reserved upon a Lease for life the Wife shall not have dower for he hath not a Fee neither shall the Heir have an Assize of Mortdancestor If a Disseisor grants a Rent Charge and is disseised and a Release is made to the second Disseisor the Wife shall not be endowed for her Dower is Executory If a Woman hath cause to have Dower of one and the same Acre as Wife to A. and B. If she be barr'd as Wife to A. yet she shall have it as Wife tp B. If a Lease be made to Baron Fem for the life of the Husband the Remainder to the Heirs of the Husband who dies the wife shall not have Dower for she cannot disagree to an Estate determined If Land be given to Baron Fem in Fee the Husband makes a Feoffment an Ancestor collateral of the Wife releases With Warranty and dies the Husband dies the Wife cannot disagree and claim her Dower where the Estate was bound and her Right determined by the Warranty If a Villaine purchase â—an Estate in tail the Lord enters and dies his Wife shall not have Dower for being the Law gave unto him his Entry the Law will not give more to him than the Villein might lawfully give which was an Estate for his own life If Tenant in tail the Reversion in the King be disseised the Disseisor dies his Wife shall not recover her Dower no more than if a Discontinuance takes away an Entry If there be two Tenants in Common and one hath a Wife and the Reversion is granted to both of them and he which hath the Wife dies the Wife shall be endowed of a third part of a fourth part if the Reversion passed severally for then the
if the Issue in tail recovers against the Discontinuee and after is attainted of Felony his Issue shall enter or sue Execution for he is privy in Estate Tenant in tail recovers in value by Voucher of the donor and is attainted of Felony his Issue shall not have Execution If the Son hath the Land of the Father and of another in Execution upon a Statute and the Land descend from the Father to the Son the whole Execution is discharged In Judgement for debt the party shall not have Execution but of that Land only which he had at the time of the Judgement and not at the time of the purchase of the Writ But in debt against the Heir if he aliens hanging the Writ it shall be liable to the Execution although the alienation was before the judgement for the Action was conceived against him in consideration of the land but in the first case it was in respect of the person The Conisor of a Statute is in Execution and his Land also the Conisee releases to him all debts the Execution is discharged by this Release for the debt was in being until it was levied of the profits but though the Execution be discharged by the party yet until it be discharged in fact if the Goaler had suffered him to go at large he could not have said but that he was in Execution Executors IF a Lease for years be made reserving a Rent upon Condition of Re-entry for not payment If the Executor breaks the Condition so that the Lessor re-enters it is a Devastavit in them otherwise if the Condition were performable on the part of the Lessor Br. Extinguishment 54. for every voluntary act of the Executor by which the Goods of the Testator are consumed without any benefit to the Testator is a Devastavit But if an Executor having such a term as Executor purchaseth the Reversion that is not a Devastavit for the Term as to Assetts is in being still If a man Mortgages his Term and dies and his Executors do not redeem it some think it is a Devastavit If they have Assetts in their hands wherewith to redeem it and the Term be better than the price of the Redemption so if an Executor sells a term under the value by which the Creditors lose their Debts this some think is a Devastavit But if a man be possest of a term and devises it to his Executors to be sold Meliori modo quo possunt for payment of his Debts they sell it under the value that is no Devastavit for it may be it was the best price they could get If Husband and Wife make a Lease of the Wives Land reserving a Rent the Husband distreins and avows and has a Return and dies the Cattle are discharged for the Executors cannot have them for they are but as a Pledge and being the Executors cannot pretend any Right to the duty they cannot detain the Pledge for the Wife is to have the Duty Vide 33 H. 6. 48. If a Rent Charge be granted in Fee the Grantee dies without Heir the Executors shall not have an Action of Debt for the Arrerages But if the Grantee had brought a writ of Annuity and Recovered then the Executors should have an Action of Debt for the arrerages for if the Inheritance of a Rent determins the Arrerages are extinct otherwise of an Annuity If a Grant be made of a Robe or twenty shillings and the Grantee dies before Election his Executors cannot demand the Arrears The Executors of a Grantee for years of a Rent Charge shall have Election either to have an Action of Debt or Annuity If a man be bound in twenty pound and his Executors have but ten pound an Action of Debt lies against the Heir for all 〈◊〉 if he chooseth the Executor he cannot sue the Heir for the Remnant If an Obligor in twenty pound hath Goods to the value of ten pounds only and makes the Obligee his Executor he shall retain that as parcell of the Duty and for the rest bring his Action against the Heir for it is by the act of the Law that the duty is apporcioned If A. by Deed gives the Mannor of D. with all the Woods to B. if Livery be not made the Executors shall have the Woods If there be two Wills and the Executor of the last refuseth before the Ordinary yet the first is revoked by the intent of the Testator If the Executor Releases a duty of the Testator this is so much an Administration so that he cannot after refuse but yet if he doth after avoid the Release he may refuse A Lease for life is made rendring a Rent at Mich and the Annunc the Land is sowen at Mich and the Lessee dies if the Executors shall have the Land untill the Corn be ripe if they ought to pay the Rent Some think the Lessor may have an Action upon the case for the Executors have the profits of the Land c. and no fault in the Lessor As if a gift in tail be made Reserving thirty Shillings and the Donee dies without Issue and the Wife is endowed she shall pay ten shilshillings and yet the Estate is determined but she claims under the Estate of the Husband A man makes a Lease for life reserving a Rent upon Condition that if the Rent be behind that the Lessor shall enter and retain untill he be satisfied of the Arrears he enters and dies his Executors shall not retain for the Arrears were not Chattles at the beginning and therefore they shall not â—etain the Land as a Gage as they shall do for the double value for that was a Chattle at the beginning But in the first case the Arrears are given to the Executors by the Statute of 32 H. 8. Yet being the Arrears were no Chattles at the first and so not due to them by their own nature therefore they shall not retain As in 15 E. 4. 10. In Rescous there it is said if the Defendant in a Replevin avows for a Rent due to him and his Wife and upon that he hath a Return and dies the Tenant shall have his Cattle back again without any Agreement because the Executors could not have the distresse being they could not have the Rent but the Wife was to have it If an Executor delivers a Legacy upon Condition it is no good delivery The Debtee and another are Executors to the Debtor the Debtee recovers against the other and after Administers with the other and then sues Execution by Scire facias If the other shall have an Audita Querela and in whose name it shall be sued or if the property shall be altered in the Recoveror or if Execution be discharged but some think that Execution cannot be stopt but the Recoveror shall have it to the use of the Testator Vide Condition Debt Extinguishment THe Tenant holds ten Acres by ten pence and makes a Feofment of one the Lord grants the Rent reserving the
the Moity of the third part which descends to her from the Eldest descends to the second as Heir to the youngest Then as to the other third part of the Eldest the Warranty of the youngest is collaterall to the second for the second as to the Moity of that third part could not have been Heir to the youngest who made the Warranty but ought to have been as immediate Heir to the Eldest and as to her own part her Warranty as the second is Lineall for by possibility she might have had that part as Heir to the youngest then being the youngest is dead without Issue the Warranty of the Eldest as to a Moity of the part of the youngest is Lineal and as to the other part of that part 't is collateral1 to the second for by possibility the youngest might first have died and then her part descends to the Eldest and the second and so a Moity of that might descend from the Eldest to the second and therefore the Warranty of the Eldest shall be Lineall for one Moity of the part of the youngest and for the other Moity of the part of the youngest 't is Collaterall and so the Warranty of the Eldest which upon the descent was Collaterall to the youngest for the part of the youngest is now changed for the Moity and made Lineal for the Moity v. 9. H. 5. 12. 4 H. 7. 18. Three Parceners make Partition the Eldest hath one Acre in Fee the second another Acre in Fee the third one in tail all being of full age the Eldest dies her Issue enters upon the youngest as she may the second may enter also and the Partition is defeated for when the youngest is outed the second shall have part of that to which the Issue of the Eldest is remitted as she would if she had recovered in a Formedon if the second may not enter it will be a mischief for she cannot have Aid being the other holds pro indiviso A. hath two Daughters by one Venter and a third by another the youngest is seised of three Acres of equall value and grants a Rent of three shillings to the Father in Fee and then infeoffs the second of one Acre who dies without Issue so that it descends to the Eldest the Father dies the Eldest shall have the Rent but if the second had infeoffed the Eldest of the Acre then she should have nothing for in the first case she hath the Land by descent and the Rent also and therefore the Rent shall be apporcioned but in the other case she hath the Land by purchase in which case the Rent shall be extinct though she hath the Rent by descent or not and though the purchase was before the descent or after And if a man hath a Rent of twenty shillings out of twenty Acres of equall value and one Acre descends to his Wife all the Rent is suspended for it cannot be apporcioned when he is seised of part of the Land in auter droit but if she dies and he is Tenant by the Curtesie it shall be apporcioned for the Land continues in him by the Act of the Law which is equall to a descent And if a Rent be in tall and parcel of the Land descends to him in Fee or the Rent be in Fee and parcell of the Land descends to him in tail there must be no apporcionment I. dies having two Daughters one is attainted of Felony a lease is made for life the remainder to the right Heirs of I. the other shall take nothing in remainder because she which is attainted is living Particeps Criminis IF the Lord procures one to disseise the Tenant and the Disseisor cesses and the Lord recovers against him he shall retain it against the Disseisee for by the procurement he is no Disseisor as it appears 50 E. 3. 2. But see Littleton contra in his Chapter of Remitter for he had cause to recover de puisne temps but otherwise if he had title of Cessavit at the time of the procurement and disseisin Quaere if he had ceased one year before the disseisin and another year after as if the Issue in tail procures one to disseise the Disseisor of his Father whose Heir is in by descent against whom the Father recovers and dies the Issue shall retain but if he himself had recovered against the Disseisor upon a title then in being to him at that time he shall not be remitted If one hath Title of Formedon and he procures one to out the Tenant to the intent that he may recover against him and a stranger outs him and after I S. recovers upon a Title puisne to the procurer and the other recovers against him by a Formedon he is there remitted And if two Jointenants have a Title of Action where their entry is taken away and one procures a stranger ut supra against whom they two recover and he which was party dies the other is remitted to all but if he which did not procure had died first the other should not be remitted but to a moity Quaere Payment A Rent charge is issuing out of two Acres the Tenant of the land makes a Feofment of one the Grantee may distrain in one or the other for all but if one Tenant payes to him the Rent if the other be distreined he shall plead the payment by his Companion for it discharges the whole Tenancy Place IF A. leases land in two Counties rendring a Rent it is one entire Rent and he may distrain in one County for all but he must have severall Assizes and in every County make his plaint for all the Rent but it seems that upon a Rescous in one County he shall have an Assize in the other Quaere Pleas. IF a man hath a Wife and makes severall Feofments with warranty and dies the Wife brings Dower against one of the Feoffees he may plead that the Heir hath endowed her having regard unto all the land for there is a great privity betwixt the Tenant and the Heir for the Tenant may vouch the Heir and it seems that he might plead that one Feoffee had endowed the Wife for it goes in discharge of the Tenancy Some think that Guardian in fact in Dower shall not plead detinue of the body of the Heire for none can plead that but he whose title commenced when the Title of Dower commenc'd but the Guardian in droit may plead it and if the Heir make a Feofment the Feoffee shall not plead detinue of Charters in dower If an Obligation be delivered in owell maine to I. who breaks the seal In detinue If he should not plead a release to the Obligor if it would be heard and yet Paston in 9 H. 6. 19. b. sayes that the Goaler cannot plead a Releafe made to him that escapes Possession IF the Tenant dies without Heir the Law casts the possession of the Tenancy upon the Lord before Entry but if the Tenant is attainted of Felony he
Lessee makes a Feofment and the Disseisee releaseth to the Feoffee the Disseisor cannot Enter But if the Heir of the Disseisor who is in by descent makes a Lease for life the Lessee makes a Feoffment and the Disseisee releaseth to the Feoffee the Lessor may enter for the Disseisee could not 9 H. 7. 25. pet Fineux If an Infant makes a Lease for life and the Lessee grants his Estate with Warranty the Infant brings a Dum fuit infra Etatem and the Tenant vouches the Grantor who enters into Warranty and loseth the Demandant Releaseth to him and his Heirs some think the Release is void for he is Tenant only to answer the Action but a Release which is to enlarge an Estate must inure upon a privity of Estate And therefore a Release made to Tenant by the Curtesie in Fee after he hath granted over his Estate is void and yet an Action of Wast shall be maintainable against him by the Heir and he shall Atturn If a Lease be made for life the Remainder for life the Tenant for life dies and before the Entry of him in Remainder the Lessor Releaseth to him in Fee that shall inure according to the words But in a Writ of Entry in the Per if the Tenant vouch him by whom c. who enters into Warranty and the Demandant Releaseth to him that inures by way of Extinguishment If a woman who hath cause of Dower Releaseth to the Guardian that takes away her Title and Estate though the Gardian had but a Chattle and the Heir shall Advantage of it It was said in the case of the Dum fuit infra aetatem if he had Released in tail a greater Estate should not have passed for though it doth not appear by the Dum fuit infra aetatem what Estate he claims for the Writ is generall yet when he enters generally into the Warranty he shall not be said to have a Fee against the Demandant but the Demandant shall make an Averment that he did not make the Devise but only for life A Release made to the Patron when the Church is full doth not extinguish an Annuity otherwise if it had been in the time of vacation 21 H. 7. 41. but a Release to the Ordinary peradventure will not avail Tenant for life grants a Rent Charge a Release to him in Reversion will not extinguish it no more than if he in Reversion grants a Rent Charge a Release to Tenant for life will extinguish it If there be two Disseisors and one makes a Lease of a Moity for years reserving a Rent with a Re-entry for not payment the Disseisee releaseth to the other who did not make a Lease he shall have the whole Freehold of all the Land and the Lessee shall not pay the Rent to him for he comes to the Reversion by Title Paramount and not by any Privity A. ours his Termor for years and then makes a Lease for years the first Termor releaseth to the second the first Lessor may enter and have the Land against them both for by the Release the Right of the first Termor was extinct As if a Rent Charge be granted to the Disseisor c. and it doth not fortifie the Estate of the second Lessee during the first Term for if the first Lease had bin for twenty years and the second but for a year yet by the Release of the first Lessee to the second all the first Estate shall be extinguished But if he had been Tenant for life and the Disseisee Releaseth to the Disseisor now during his life the Lessor cannot enter otherwise if he had been Tenant for years for in one case the Disseisor had a Freehold in him which might be fortified and in the other case but a Chattle Although the Husband cannot give any thing to the Wife immediately yet if a Disseisoresse makes a Lease for life the Remainder to her self in tail the Remainder to A. in Fee and marries the Disseisee who releaseth to Tenant for life that will inure to his Wife If an Infant Disseisor makes a Feoffment and the Feoffee dies seised and his Heir enters to whom the Disseisee releaseth yet the Infant shall have a Dum fuit infra aetatem and shall recover for he demauds the possession to which he had more Right than the Disseisee and the Tenant ought to answer to the Demise and not to the Right As if the Heir of the Disseisor who is in by Descent brings an Assize against his Disseisor it is no plea for him to plead the Release of the Disseisee for he demands the possession to which he had more Right than the Disseisee So if the Disseisor recovers in an Assize by erroneous Judgement against his Disseisor and the Disseisee releaseth to him that hath recovered and the other brings a Writ of Error it is no plea for him to plead the Release for the intent of the Suit was to correct the Error upon the Record If a Disseisor makes a Lease for life and the Lessee makes a Feoffment to A. who obtains a Release from the Disseisee the Disseisor brings a Consimili Casu some think he shall recover but if the Heir of the Feoffee who is in by Descent c. gets a Release it is cleer the Disseisor may have an Action and the Tenant ought to answer to the Demise and not to the Right of the Land in both cases If a Disseisor enters upon his Feoffee for breach of a Condition the Feoffee shall not have a Writ of Right though the Right of the Disseisee be released to him before the breach of the Condition So if the Disseisee enters upon the Heir who is in by Descent and makes a Feoffment or releaseth of such an Heir and the Heir re-enters or if one who hath a Title brings a Formedon in Remainder against an Abator and recovers by default See the rest of the case in 9 H. 7. 25. In all these cases he to whom the Release was made or the Right was given shall not have a Writ of Right but it shall goe in advantage of him that Removes the possession for being one hath a right in possession and recontinues it that draws the very right to it and the Right by it self shall not be left in the other Note that in all these cases the Right comes after the possession but if the Right were before the possession and then the possession is removed the Right remains in the person to whom it was given As if the Heir of the Disseisor who is in by descent enfeoffs A. and several other Feoffments are made and after the Land comes to the Heir again and the Disseisor enters upon him and he outs him Now if the Disseisee brings a Writ of Right upon his first possession he shall be deluge by vouching of the Feoffees but he may have a Writ of Right upon the last possession which he had by Disseisin and that is beyond all the
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
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
tail the remainder in Fee he which had the first Remainder releaseth all his Right to the Donee without saying to his Heirs and dies the Donee dies without Issue the Heir of him in Remainder enters if he be remitted If the Disseisee takes an Estate in Fee from him who had the Land by descent he agrees unto it and yet if he dies seised his Heir shall be remitted The Issue in tail within age having a Title to bring a Formedon accepts from the Discontinuee a Bargain and sale inrolled he shall not be remitted for he is in by the Statute Tenant in tail the Remainder to his right Heirs makes a Lease to the Issue within age upon Condition to have Fee at full age during the Term he performs the Condition he shall be remitted for the Contract was during his Minority As if an Infant delivers a Deed as an Escrowl to be delivered as his Deed when he comes of full Age and receives the money yet he shall avoid the Deed. Vide Release Condition Rent LEssee for life makes a Lease for forty years rendring a Rent the Lessor confirms the Estate of the second Lessee and then Tenant for life dies within the term the Lessor distrains and avows for the Rent some think it is not maintainable Lord and Tenant by Homage Fealty and Rent the Lord grants his Homage upon Condition reserving the Rent the Condition is broken he hath no Remedy for the Arrerages due before Tenant in tail discontinues in Fee and takes back an Estate in Fee and grants a Rent Charge in Fee and dies the Lord seiseth the Ward the Grantee distrains for the Rent and the Lord makes Rescous and the Grantee brings an Assize som e think it is maintainable Lessee for life makes a Lease for ten years rendring a Rent the Lessee for years makes a Feofment he shall hold the Land discharged of the Rent though it binds the Lessee for life for the rent cannot indure longer than the reversion and though he had granted it to a Stranger yet had it been gone and so it differs from the other which is not in respect of the reversion And if a man makes a Lease for life reserving a rent to the use of A. and Tenant for life surrenders the rent is gone 1 Ass 10. If the Mesne grants the rent of the Tenant and the Tenancy Escheats the Rent is gone A. makes a Lease for life and grants a Rent Charge out of the reversion the Grantee purchaseth the Estate of Tenant for life who dies and the Lessor enters if the Grantee may distrain for all the Arrerages from the time of the Grant A Rent is granted to commence after the Death of the Grantee who dies if his Wife shall be endowed The Father dies seised of a remainder having two Sons by two venters the Eldest Son being Tenant in tail of the particular Estate grants a Rent Charge in Fee and dies without Issue the second Son enters and an Avowry is made upon him for the whole Charge If a man hath two Daughters by two venters or by one he dies and the Eldest grants a Rent Charge and dies before Entry into the Land some think the youngest shall hold all the Moity charged as if one Jointenant grants a Rent charge and dies the Survivor shall hold all difcharged If Land be devised reserving a Rent that is a void reservation for the reservation of the Rent cannot be good but in respect the Reservor might take advantage of it by possibility and the Heir cannot have that which the Ancestor could not for if a Re-entry be reserved to the Heir it is void If Tenant in tail holds by Rent and the Donor grants the Services of the Donee nothing passeth though there be Atturnment for the Rent cannot passe but as a Rent Service For if there be Lord and Tenant by Rent and Fealty and the Lord grants the Services saving the Fealty nothing passeth for it must passe as a Rent Service for it is granted by the name of Services for a Rent seck or Rent Charge cannot passe by that word Quaere if the sueing be not void for the Repugnancies and as a Rent Service it cannot passe for then the Donee should pay one Fealty to the Grantee and another to the Donor for the reversion and so the Donor should charge him with two Fealties which cannot be no more than the Lord can grant the Moity Tenant for life grants a Rent Charge in Fee and after he and the Lessor make a Feoffment of all their Land in such a Town where the Land lieth and make a Letter of Atturny to make Livery yet the Rent indurcs but for the life of Tenant for life for it is but a Grant of the Estate of Tenant for life and also of him in Reversion But if they had made a Feoffment of that Land only then the Rent should endure for ever for it is the Feoffment of Tenant for life and the Confirmation of him in Reversion Quaere for the Deed is first delivered and after the Livery is made and the reversion passeth by the delivery of the Deed for it is an Atturnment of the Tenant for life by the delivery of the Deed. If a man reserve a Rent upon a Lease for life he hath not a Fee in it for his Wife shall not be endowed but if Lessee for life grants a Rent in Fee a Fee passeth for by possibility it may endure for ever that is if the Lessor confirms it But if Tenant for life grants a Rent in Fee to the Lessor who grants it over yet he shall avoid it after the death of Tenant for life for it cannot be a Confirmation though it were granted by Dedimus Concessimus for the Grantee had not possession of it before and one and the same word at the same time cannot amount to a Grant and a Confirmation also And therefore if a Disseisor grants a Rent Charge to the Disseisee and he grants it over and after re-enters he shall hold it discharged If Tenant pur auter vye grants a Rent Charge in Fee and after he hath the Reversion by descent or release Cesty que vye dies he shall hold it discharged but if after the Fee was vehe had made a Feoffment the Feoffee should not have avoided it after the death of Cesty que vye A Seignory is granted for years the Rent being arrear the Tenant dies the years expire the Heir shall not be charged as Heir in Debt if the Father did not bind himself and his Heirs by expresse words and the Executors shall not be charged for they were not chargeable with it at the death of the Testator for at that time the Grantee could not have had an Action of Debt for it but he must have Distrained and so the Lessee is without remedy If a Rent be granted to one and his Heirs and if it be behind that he shall distrain for the life
of Annuity if he may dristrain after Quaere viz. if there be one or two rents A rent charge is granted out of two Acres the Tenant of the Land conveys away one the Grantee of the rent may distrain in one or the other But if one Tenant pay the rent if the other be distrained he may plead payment by his Companion A Fem hath a rent seck and marries the Tenant grants to the Husband that he and his Heirs may distrain for the rent the Husband wife die without Issue the distress is extinct for the Heirs of the Husband are only privy to distrain and they cannot distrain so â—â— rent due to another But if a man hath a rent on the part of his mother and the Tenant grants that he â—â— his Heirs may distrain for the rent and he dies without Issue there the distresse shall go to the Heirs on the part of his Mother and if they grant the rent to distranger the may distrain But if the Tenant grants to the Lord of the Mannor that he shall distrain ut supra and he aliens the mannor the Alience shall not distrain out of the Mannor and in that case the penalty of the distresse is gone but in the other case the Grante being of a distresse in the same place out of which the rent issues this is now a rent charge and by consequeuce the distresse shall passe to the Grantee but if the Grant of the distresse had been in another place then it had been but a penalty and could not have gone to the Heir on the part of the Mother non to the Assignee of the same rent and therefore the penalty being severed from the principall by Act in Law or in Deed the penalty shall cease Vide Parceners Lease Atturnment Reservation IF a rent be reserved to the Lessor he shall have it but during his life for it was not reserved longer And if it had been ceserved during forty years he should have had it no longer But if the rent had been reserved generally and not expressed to whom that shall be to the Mâ—â—ssoc and his Heirs for the Law will direct it If Lessee for twenty years makes a Lease for ten years reserving a rent to him his Executors shall have it for they represent the person of the Testator If a Gift in tail be made reserving during the life of the Donor a Socage Tenure and after Knights Service that is a good reservation and it shall be according to the words and his Wife shall be endowed of the Knight Service If a Lease for life be made rendring a rent for the first seven years he shall have an Assize for it for it is adjudged in 7 E. 3. 10. That an Action of Debt will not lie for the rent Dy. 23. a. Spilman cont Although Littleton saith a man cannot reserve a rent but to the Lessor or his Heirs yet if a man makes a Lease rendring a rent to his Heir that is a void reservation for his Heir shall take as a purchase and is as a Stranger But Littleton is to be understood so that the Disjunctive must be taken for a Copulative If a Feoffment be made of a Mannor reserving to the Feoffor an Acre for twenty years the Feoffor hath a Fee in it and nothing passeth of it for it cannot passe by the Livery and he cannot passe it to himself or reserve It for a certain time for then he should have a lease for years without a Lessor which cannot be If a Dean and Chapter make a lease reserving a rent to them their Successor shall have it because they never die If a man upon a Gift in tail reserve Socage tenure the first ten years and after Knights service within the ten years the Donee dies his heir within age if he shall be in Ward during the first ten years or after if they expire during his Nonage If a Feoffment be made of a Mannor reserving one Acre that is a good reservation but if a Feoffment be made of twenty Acres reserving one Acre that is void If a lease be made of land and wood for life rendring twenty shillings rent viz. ten shillings for the land and ten shillings for the wood the rents are made severall If there be Lord and Tenant by Fealty and twenty shillings rent and the Tenant makes a Gift in Franckmarriage to hold of him by Fealty only untill the fourth degree be past and after that by twenty shillings and Knight Service in that case after the four degrees he shall neither have the twenty shillings nor the Knight Service for though he reserved but Fealty until the four degrees were past yet it is an intire reservation presently and the Services be in him although they be not to be performed untill the four degrees be past and seifin of Fealty shall be a Seifin of the remnant wherefore being the Reversion is intire that is the reason that it is void For all cannot be reserved upon the gift in Frank-marriage If a man makes a Lease to two Habendum the one Moity to one the other to the other reserving one Hauk or a Lease pur auter vye to A. and a Dean and Chapter reserving one Hauk or if the Land the beginning goeth two severall ways and but one Hauk is reserved he shall have no more Reversion IF one Acre be given in tail which is holden in Socage and another Acre which is holden in Chivalry saying nothing the Donor shall have severall services and make severall Avowries though he hath an intire Reversion for the Law makes the Avowries in respect of the Tenure over and he holds the reversion of one Acre of one and of the other Acre of another and they shall Escheat severally If a Reversion be granted to Tenant for life and a stranger in Fee the Jointure of the Fee is severed for the Tenant for life hath a Fee simple in the moity vested presently but if the Reversion had been granted to Tenant in tail and a stranger there the Jointure remains But if the Husband be Tenant for life and the reversion be granted to him and his wife the Fee remains in Jointure for there is no moities between them A Lease is made for the lives of A. and B. the Lessee makes a Lease for the life of A. only he hath the reversion notwithstanding the Lease for he hath given a lesser Estate than he had if the second Lessee dies living A. an Occupant shall have it but others think the contrary for he had not before but one Freehold and by the Lease to the second Lessee he hath departed with the Freehold and the reversion of the same Freehold cannot be in him But if a Lease is made to me for the life of A. the remainder to me for the life of B. and I make a Lease for the life of A. only I have a Reversion for the life of B. for they were two Estates but here was
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
themselves and Tenants in common with the last two and so è converso they are Jointenants of a Moity and Tenants in common of the whole and two Praecipes shall be sued against the four and by the four but for the two joint Praecipes for and against them Jointenants TWo Jointenants in Fee one a Minor makes a Lease for life he of full age dies the other recovers a Moity in a Dum fuit infra c. Tenant for life dies the Heir of the other Jointenant enters the Infant outs him he brings an Assize some think it is maintainable For when he brought a Dum fuit infra c. and recovered a Moity now he defeats the Lease for his moity and makes it as if the other had made the Lease for life only which makes a severance of the Jointure Two Jointenants by twelve pence one grants all that belongs to him upon Condition the Lord grants the Seignory of one with Atturnment the Feoffor Enters for breach of the Condition he shall hold by twelve pence and the other by twelve pence also for there is no Apporcionment Though one Jointenant cannot infeoffe his Companion yet his Companion and another he may and the Livery made to the other shall vest the Estate in both If a Reversion be granted to Tenant for life and a stranger the Jointure of the Fee is severed for Tenant for life hath a Fee in the moity Executed If the Reversion be granted to Tenant in tail and a Stranger the Fee remaines in Jointure And if the Husband be Tenant for life and the Reversion is granted to him and his Wife the Jointure remains for there is no Moities between them If a Lease be made to two Habendum one Moity to one the other to the other for life and after a Confirmation is made to them and their Heirs the Joynture of the Fee is severed for the Confirmation inures according to the Nature of the Estate But if the Reversion had been granted to them in Fee they had been Joyntenants for the particular Estate had been drowned If there be two Tenants in Common for life and the Reversion is granted to two Jointly and one Purchaseth the Estate of one Tenant for life and the other of the other The Joynture is severed For the Purchase being at severall times presently upon each purchase the fee was executed If a Seignory be granted in fee to two one takes an Estate of the Tenancy pur auter vye cesty que vye dies The Jointure remains because they were Jointenants at the beginning Two Jointenants for life and one is bound in a Statute and then grants his Estate yet it is liable to execution during his life but 't is otherwise of an Estate for years for in the one the Land is bound by the Statute in the other not If a Recovery be had against one Jointenant his Companion shall not avoid it for the Right was bound but it is otherwise of Charges for the possession is only chargeable If one Jointenant in Fee takes a Lease by Indenture of his Moity from a stranger the Survivor shall avoid it Land is given to two and the Heirs of their bodies the remainder to their right Heirs they are not Jointenants of the Fee If one Jointenant makes a Lease for five years on Condition that the Lessee doth such an Act by a day he shall have for twenty years and he dies before the day the Condition is void as to the Survivor If there be two Jointenants for life one makes a Lease for years and dies the Survivor shall not avoid it for the same Estate which he had continues now and there is no difference if they had a Feesimple some think the contrary for the Survivor hath not the Freehold of his Companion as he hath the Fee where they are Jointenants in Feesimple for his Estate determins by his death But all agree that if A. and B. be Jointenants for the life of C. and A. makes a Lease for life and dies B. shall not avoid it for the Estate which he had continues Two Jointenants in Fee are disseised by the Father of one who dies and the son enters he is remitted to all the land his Companion shall enter with him And it is not like the case where two are disseised and a Dissent cast during the Nonage of one and he enters and is remitted for a Moity his Companion shall not enter because that this priviledge is given him in respect of his person more than in respect of the Land Neither is it like the case where Tenant in tail enfeoffs one Daughter and she dies she being within age she is remitted and yet her Companion shall not have Advantage of it because the Right was not in them before If a Fem Jointenant for years takes Husband and she dies the Survivor shall have all Two Jointenants of two Acres the Land is confirmed to them in Fee of one Acre to the use of one and of the other to the use of the other they are severall Tenants of the Freehold of the Acres for the Freehold is drownd to the Confirmation to the use Tenant for life makes a Lease for life the remainder to his Lessor and a Stranger they are not Jointenants but the Stranger shall take all for he could not give a Fee to him that had it before As if Tenant in tail infeosfs the Donor or if one Jointenant his Companion and a Stranger the Stranger takes all If two Jointenants makes a Lease for life and one grants his part of the Reversion during the life of the Lessee some think this is a severance of the Jointure If one Jointenant makes a Lease for years the Remainder to the right Heirs of A. if the Lessor dies in the life of A. the Survivor shall have the Reversion for the Lease for yeares was no severance of the Jointure neither could it support the contingent remainder Judgement IN Debt upon a Recovery in trespass the plaintiff recovers there where the action was brought a Writ of Error depending in B. R. upon trespass and after the Judgement given in debt the Judgement in trespass is reversed Quaere what remedy he shall have for the debt recovered for it is a Recovery in the C. B. which he cannot reverse in another Court and though he might yet the Execution of the debt being past he cannot be restored to that by the Reversall in the first Writ of Error in the trespass Lease IF a Lease be made for years and after the Lessor makes another Lease for life to commence after the end of the term the second Lease is void although there be Atturnment for a Freehold cannot passe out of any person that hath a greater Estate reserving an Estate until the Freehold commences but if the Lease had been but for years it had been otherwise and in the mean time the Lessee shall have the Rent reserved upon the