Selected quad for the lemma: life_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
life_n	die_v	fee_n	remainder_n	4,966	5	10.9332	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A26015	The law of obligations and conditions, or, An accurate treatise, wherein is contained the whole learning of the law concerning bills, bonds, conditions, statutes, recognizances, and defeasances ... : to which is added a table of references to all the declarations and pleadings upon bonds, &c. now extant : also another table to the forms of special conditions which lie scattered in our president [sic] books ... : with an index of the principal matters therein contained / by T.A. of Grays-Inn, Esq.	Ashe, Thomas, fl. 1600-1618.	1693 (1693)	Wing A3972; ESTC R9431	276,581	591

by Deed indented leased to the Defendant a Farm called D. except one Close by Name Lessee Defendant was bound in a Bond to perform all the Covenants and Agreements in the said Indenture and pleaded he had performed all the Covenants the Plaintiff assigns for breach that the Defendant entred into the Close excepted the Defendant demurs Per Cur. the Obligation is not forfeited by this disturbance this Exception is not such an Agreement as is within the intent of the Condition it s an Agreement that the Land excepted shall not pass by the Demise but no Agreement that he shall occupy but sometimes an Exception is an Agreement that shall charge the Lessee but this when he agrees on his part that the Lessor shall have a thing dehors which he had not before as except a Way or Common or any other Profit a Prender that is Agreement of the Lessee that he shall have the Profit and if he bound to perform all Covenants and Agreements if he disturb him in this he shall forfeit the Obligation Cro. Eliz. p. 657. Lady Russel versus Gullwell Moor n. 713. id Case In a Lease for years the Defendant Covenants that the Plaintiff should enjoy it during the Term on Demurrer the Case was Tenant pur vie levies a Fine to him in Reversion come ceo c. the uses were to the Conusee and his Heirs on condition to pay to the Tenant pur vic 4 l. per ann during his life and upon default that it should be to the use of the Conusor for his life the Conusee made a Feoffment to the Defendant who leased to the Plaintiff the 4 l. was not paid nor demanded the Tenant pur vie enters on the Plaintiff this is a breach of the Condition without any demand of the Rent for its a Sum in gross and not issuing out of the Land the Covenant is that the Lessee shall absolutely enjoy it and this Condition is properly to be performed by him who hath the Freehold and it was held that this Feoffment had not destroyed the future use which is to arise for non-performance of the Condition Cro. El. 688. Smith and Warren Two make a Lease for years by Indenture and covenants that the Lessee should not be disturbed nor any incumbrance made by them one of the Lessors makes a Lease to a Stranger who disturbs on Bond to perform Covenants it s a breach of the Condition for them shall not be taken jointly Lach. p. 161. Merritons Case Condition of the Obligation was That the Plaintiff should have hold and enjoy Lands acquitted from all Charges and Incumbrances and for breach the Plaintiff shew there was a Rent-charge granted by the Predecessor under whom the Defendant claimed which is yet undischarged the Defendant demurred because the acquittal goes to the having and holding the Land and it s not shewed that the Plaintiff was ever in possession nor that he was charged or endamaged to which Twisden and Keeling agreed but by Windham the Defendant ought to shew how he had discharged and acquitted from the very Rent and not to let it perpetually hang over him but by all the Court if the Acquittal refer to the Land it self or to the Person the Defendant must shew how 1 Keb. fol. 927. King and Standish A Covenant that the Indenture of a Lease at time of the Assignment is a good true and indefeasible Lease and that the Plaintiff shall enjoy c. without the let or interruption of the Defendant or of any claiming by from or under him and shews for breach that before he that made the Lease had any thing one J. S. was seized in Fee and that he which made the Lease entred upon him and disseised and leased prout and that J. S. re-entred upon him upon which Replication the Defendant demurs per Cur. the word indefeasible Lease shall be construed as a distinct Sentence from the last words that he shall enjoy it without the interruption of the Defendant Siderfin p. 328. Gainsford and Griffith 1 Sanders p. 51. Johnson and Vavisor Joyntenants of a Mill by Lease for years Vavisor assigns all his Interest in the Mill to another without Johnsons assent or privity and dies Johnson after recited this Indenture by Lease and that all came to him by Survivorship grants the said Mill and all his Estate Title and Interest to Procter and covenants that he shall quietly enjoy it notwithstanding any Act done by him and Bond of Covenants Act. de Det sur Bond. Johnson pleads that the Plaintiff had enjoyed this notwithstanding any Act done by him Procter replied that Vavisor Joyntenant with Johnson assigned his Estate to J. D. who entred and expelled him The Defendant demurs adjudged against the Defendant for the Grant was never good for he had no power to grant one Moiety and yet he had expresly granted the Mill to Procter And the Condition of the Obligation being to perform all Grants the Grant being defective at the first as to a Moiety which is the Substance of the Agreement of all the Parties this is not qualified by the Covenant ensuing and it is not like to Nokes Cass 4 Rep. for there the Grant was good for the whole and becomes ill by Eviction afterwards and therefore the Covenant ensuing qualified the general Covenant Yelv. p. 175. Johnson and Procter Lit. 206. 1 Bulstr 3 4. A Covenant that the Lessee shall enjoy against the Lessor and all claiming under him The Defendant exhibited a Bill whereby the Lessor appeared to be in Trust and adjudged this was no Breach Selby and Chute cited 2 Keb. 288. 1 Brownl p. 23. The Covenant was if the Defendant sued or troubled charged or vexed the Plaintiff Per Cur. a Suit in Chancery is within the Condition 2 Keb. 288. Ashton and Martin A Condition to surrender a Copyhold and that the Plaintiff shall enjoy this without the let of any claiming under the Defendant and of one Lancelot Simons The Defendant pleaded Surrender and that the Plaintiff had quietly enjoyed this The Plaintiff replies that one Jane Simons claiming under Lanceolet ousts him Demurrer and Judgment pro Quer. The Case was this Copyhold was granted to Patience Hussy for Life the Remainder to Lanceolet S. in Fee and that after and before the Obligation Lancelot surrenders his Remainder to the use of Patience for Life and after to the use of Lancelot and Jane for their Lives and after to Lancelot's Heirs Lancelot and Patience dye and after the Obligation Jane enters The cause of Demurrer was that Jane took nothing by the Surrender for the Surrender to P. H. pur vie was void she having an Estate pur vie before and consequently the Remainders by notice upon this void Estate are void also Dut per Cur. the Estate limited to Jane S. shall be by way of present Estate and mediate Settlement and not by way of Remainder 1 Sanders p. 150. Wade and Balch 2 Keb. 341. Id. Case

construe ●e contrary to the express w●ds Vid. a●a 9 H. 7.20.17.22 Conditions ought to be construed according to the intent of the parties if it may constare and Conditions of Obligations are not broken unless the intent be broken A Condition to appear such a day in such a Term and the Obligo● appears at a day in the same Term before the day mentioned in the Condition at the Suit of another Man which is 〈◊〉 appearance in Law for all Suits which shall be commenced against him the same Term yet because this is but an appearance by fiction in Law and not an actual appearance at this day the Condition is broken for peradventure had he appeared actually special Bail might have been required 1 Ro● Abr. 426. Sir Richard Bullers Case If the Lessee of an House covenant not to lease the Shop Yard or other things pertaining to the House to one that sells Coals and after he lets all the House to one that sells Coals he had broken the Condition for he had broken the intent 1 Rolls Abridg. 427. Bonner and Langley A Condition that the Lessee shall not do any wast and the Lesse suffers the House to fall for want of covering and repairing though this is not a Feasance but only a permission yet the Condition is broken 1 Rolls Abr. 428. Qu. The Condition of the Obligation was if the said R. ● shall not at any time or times be aiding or assisting to T. E in any Actions Suits Vexations c. The Plaintiff assigns a Breach that before the Obligation he brought Trespass against the said T. E. and R. T. and that he had Judgment against both and that after the making the Obligation T. E. and R. T. brought Error Per Cur. it is no Breach for it is not the intent no● reason he should be barred to defend himself by joyning with T. E. against the unjust proceedings of the Plaintiff And so if after Verdict the Plaintiff had released and yet took Judgment by Execution they two might have joyned in Audits Que●el Hobart p. 30● 1 Rolls Abr. 429. Lamb and Tompson This is not properly 〈◊〉 Action but a Suit to discharge him of a ●o●tio Action wherein they must joy A Condition if the Plaintiff might quietly take and enjoy Woods sold and if the ground where upon it groweth be four Miles distant from Rye c. then c. The Defendant pleads the Plaintiff had quietly c. and that the said Land by the next high and usual way for Carriages is 4000 Paces from the Town of Rye Per Cur. the intent was that the Plaintiff by selling that Wood should not inour the danger of the Statute of 23 Eliz. c. 4. And it ought to be pleaded that it is every way distant four Miles from Rye and not not by usual ways and the four Miles by 4000 Paces is well 2 Leon. p. 113. Ming● and Barl. The Condition was that if the within bounden J. L. shall happen to dye without Issue of his Body lawfully to be begotten that then if the said J. L. by his last Will or otherwise in Writing shall in his Life time lawfully assure c. The Condition being made in benefit of the Obligor shall have Construction according to the intendment of the parties to be collected out of the words of the Condition and the intention of the parties was that a Conveyance should be made by the Obligor in his Life time by his Will or otherwise of the Lands Jones Rep. p. 180. Eaton and Laughter The Condition if the Obligor pay so much then the Obligation to be void or otherwise it shall be lawful for the Obligee quietly to enjoy such Lands The Defendant pleads quiet enjoyment The Plaintiff demurs for that the Condition depends on the Payment or Non-payment and that concerning the Land is idle Per Cur. Conditions are to be taken according to the intent of the parties if it may constare but as these words then to be void are placed here it cannot refer but to that which precedes and not to the Land which ensues Regula Words in the beginning or end of things refer to all but those in the middle refer ad media tantum as Lease for Life Remainder for Life rendring Rent this goes to both Estates but Lease for Life rendring Rent Remainder for Life aliter Siderfin p. 312. Ferres and Newton In the Condition it was recited that the Sheriff had constituted the Defendant Bailiff of an Hundred within the County If therefore the Defendant shall duly execute all Warrants to him directed then c. Warrants shall only be intended Warrants directed to him as Bayliff o● the Hundred Horton and Day cited 2 Sanders 414. And such only as are to be executed within the Hundred And the Plaintiff must shew the thing to be done was within the Hundred Allen p. 10. S●ang●on and Day mesme Case A Condition that his eldest Son shall marry the Daughter of the Obligee and the Son lye the second Son shall not marry her that was not the intent 27 H. 4.14 When a Man is bound to do or permit a thing he ought to do or permit all which depends upon this in the performance of the thing 11 H. 4. 25. b. 1 Rolls Abr. 422. Collateral things must be done or permitted a Covenant to levy a Fine it shall be at his Costs who levies it A Man is bound to carry my Corn it is no Plea for him to say he had no Cart for he is bound by implication to provide a Cart and all other necessaries for the Carriage So to mow my Grass he must find Instruments to cover my Hall he is bound to find necessary Stuff 16 H. 7.9 A Condition that J. S. shall have ingress into his House he ought to have a common entrance at the usual Door and shall not be put to enter in by a hole backward or by the Chimny nor may the other make a Ditch before the Door If a Man hath Right to a Chamber he must not be barred of his ingress and yet the Doors ought not to stand open at Midnight If I am bound to suffer J. S. to have a Way over my Land if I lock the Gates I have broken the Condition Latch p. 47. Climson and Pool A Condition is to be performed as near as may be The Condition is that J. S. and R. G. shall come in their proper persons before such a Feast to London and to bring two Sureties to be bound with them to the Plaintiff in the Suit contained in the Obligation then c. J. S. dyes yet R. G. must do this and although 〈◊〉 Condition be not performed in the whole yet 〈◊〉 he may perform this by any possibility he must do it 15 H. 7.2 4 H. 7.3 A Condition that he or his Heir shall surrender c. before such a day to the use of the Plaintiffs Executors his Heirs and Assigns c. The Defendant pleads the

l. the Obligation is forfeited 36 H. 6.9 b. So if the Condition be that if the Obligor do not pay to the Obligee at such a day 10 l. then the Obligation being 100 l. shall be void this is a good Condition and the Obligor may say in an Action on the Obligation that he did not pay the 10 l. and so avoid the Obligation for though the intent was not so yet the words were so and it ought to be adjudged upon the words 39 H. 6.10 cited 1 Rolls Abr. 419. A Condition if the within bounden J. B. shall happen to dye without Issue of his Body that then if the said J. B. by his last Will or otherwise in writing in his life time shall lawfully assure c. Per Dodderige this is repugnant and impossible he ought to dye without Issue first and then make the Conveyance but three Judges contra The Condition being made for the Benefit of the Obligor shall have Construction according to the intendment of the Parties and the intention was that a Conveyance shall be made by the Obligor in his Life by Will or otherwise so that they shall remain and be assured to c. Jones Rep. p. 180. Eaton and Laughter The Condition was if the Defendant pay the Plaintiff 2 s. per Week until the full Sum of 7 l. 10 s. be paid scilioet on every Saturday and if he fail of payment at any one day that then the Bond to be void The Defendant pleads he did not pay at such a day the Plaintiff demurs Per Cur. the Condition is repugnant and void and the Obligation single Siderfin H. 14 15 Car. 2. pl. 14. Vernon and Alsop Vid. Siderfin 456. Maleverer and Hawksby contra 1 Keb. 356 415 451. Vernon's Case A Condition impossible What shall be said a Condition impossible and the Effect of it IF the Condition of an Obligation be that the Obligor shall assign to the Obligee a Commission of Bankrupsy this is an impossible Condition and therefore void and the Obligation single for it is impossible to assign the Commission 1 Rolls Abr. p. 419. Street and Daniel If a Condition be quod debet pluere cras this is a good Condition for he hath taken it upon him at his peril and it is not impossible in it self 22 E. 4.26 If a Condition be that the Obligor shall go from St. Peter's Church in Westminster to St. Peter's Church in Rome within three hours this is impossible and void Co. Lit. 206. b. If the Condition be to save harmless the Obligee against a Stranger of an Obligation in which the Obligee stood bound to the Obligor this is a good Condition for although by no possibility the Stranger may have to do with this yet if he will save harmless against him it is within the Condition for it may be he had some fear of damage by him Quaere de hoc 1 Rolls Abr. p. 420. Where the Condition is impossible the Bond is single contrary where a man is charged by Act in Law 2 Leon. 189. in Wood's Case If the Condition of an Obligation or Feoffment be impossible at the time of the making it the Condition is void and the Obligation single because the Condition is subsequent but if a Condition precedent be impossible at the time of the making there all is void because nothing passeth before the Condition performed Co. Lit. 206. 1 Rolls Abr. 420. Casualties that hinder performance shall not excuse as Floods hindring appearance or being imprisoned Lit. Rep. 88 97 115. Melvin's Case 41 E. 3. double pl. 77. 2 E. 4.2 The Effect of a Condition impossible and how it shall excuse IF the Condition of a Bond or Recognisance c. be impossible at the time of the making the Condition the Obligation c. is good and single as a Condition to go to Rome in three hours the Condition is void and the Obligation is good So if I am bound in an Obligation with a Condition to stand to the award of J. S. provided that the Award be made before the 10th day of May next and provided I have warning 15 days before the 10th day of May and this Obligation is made the 9th day of May this is a void Condition So the Condition is that I will be non-suited in such an Action or assure such a piece of ground when in truth there is no such Action or piece of ground this Condition is void and the Obligation remains single and good But in all Cases when the thing to be done by the Condition of a Bond or Recognizance c. is possible at the time of the making the Condition and before the same can be performed the Condition becomes impossible by the Act of God or of the Law or of the Obligee in this case the Obligation is saved and the Obligation and Condition are both become void 1. By the Act of God If a Man be bound with a Condition that he shall appear the next Term in such a Court and before the day the Obligor dieth hereby the Obligation is saved Cro. Eliz. p. 277. Trop and Bedingfield Pleaded before the said Feast J. dies Judgment si actio a good Plea the Condition is discharged and the Obligation void 15 H. 7.2.13 If J. H. had been bound with him then he must have done it Qu. So the Act of God may discharge the performance of the Condition If he that is let to Mainprise be dead before the day his death excuseth the Mainpernors Water Plaintiff Perry and Spring Defendants 1 Rols Abr. p. 449. If A. recovers det vers B. en Bank and B. brought a Writ of Error and found Mainpernors to prosecute with Effect and after dies before the Return of the Writ this Act of God shall excuse the Mainpernors 1 Rolls Abr. tit Condition p. 450. Middleton and Twine If a Man becomes Bail for another in an Action and after the Plaintiff recovers against the principal and the Capias against him is returned non est inventus and this is filed and after the principal dyes before any Scire Fac. sued out against the Bail yet this shall not excuse the Bail otherwise if he had died before the Capias returned and filed 1 Rolls Abr. tit Condition p. 450. Timberly and Booth and Calf and Davies and Hobbes and Doncaster A Condition to pay yearly 40 l. during the Life of c. at the Feast of St. Michael and the Annunciation or within 30 days after every of the said Feasts the Wife dyes within the 30 days this shall discharge the payment due at the Feast before her death Crook Eliz. p. 380. Price and Williams If a Condition consists of two parts in the disjunctive in which the party had Election which of them to perform and both are possible at the time of making the Condition and the one becomes impossible after by the Act of God the Obligee is not bound to perform the other part for

of the Sea excepted that the Defendant pay in 12 Calendar Months or if the the Ship be lost before the return or payment to be void the Defendant pleads navis amissa fuit the Plaintiff demurs for the meaning of this Bill of Adventure is a loss by dangers of the Sea Per Hales its sufficient for the Defendant to pursue the words of the Bond and the Plaintiff should have replied the Ship was lost by the Defendants default 2 Keble 768. Boddington and Wotton A Condition to pay Mony yearly during Life A Condition to pay yearly 40 l. to S. during his Life at the Feasts of St. Michael and the Annuntiation or within 30 days after every of the said Feasts S. dies within the 30 days this shall discharge the payment due at the Feast before his death Cro El. p. 380. Prices Case A Condition to pay yearly and every year to Thomas and Dorothy his Wife during their two Lives then c. the Husband dies the payment ceaseth the Interest is not in the cesty que vies the Husband and Wife are Strangers and the Interest of the Bond is in the Obligee Mod. Rep. p. 187. Slater and Carew In respect of the thing it self to be done A Condition to perform Covenants generally IF a Man Lease a Mannor by Indenture except such a parcel of Land and in the Indenture there are divers Covenants to be performed on the part of the Lessee and the Lessee binds himself in an Obligation to perform all Covenants and Agreements contained in one pair of Indentures and names the said Indentures and after the Lessee enters into the Land excepted this is no breach of the Condition for the Land excepted is not leased and it is so as if it had been named Dame Russel and Gulwel 1 Rolls Abr. Tit. Condition f. 431. If one makes a Lease for years of a Mannor excepting a Close rendring Rent and the Lessee is bound to perform all Grants Covenants and Agreements contenta expressa aut recitata in the Indenture if he disturb the Lessor in the occupation of the Close excepted he has forfeited the Obligation for when he excepts the Close the other is content with this and that the Lessor shall occupy this and then this is the Agreement and the said word contenta expressa recitata every of them go to the exception as well as to the residue Plow fol. 67. in Dive and Manninghams Case If a Man let for years rendring Rent payable payable at Michaelmas and Lady-day on Condition that if he does not pay at the said Feast or within 14 days after then to re-enter and the Lessee binds himself in an Obligation with Condition to perform the Covenants and Agreements of the said Lease the Lessee pays not the Rent at the Feast but within the 14. days yet the Condition is forfeited for that the Condition in the Lease is not parcel of the Reservation 1 Rolls Abr. Tit. Cond fol. 431. Middleton and Ratcliff The Condition of a Bond for performance of Covenants in an Indenture doth estop to say there is no such Indenture but it doth not estop to say there are no Covenants Mod. Rep. 15. Holloways Case Where an Action of Debt is brought upon a Bond to perform Covenants in a Deed and the Defendant cannot plead Covenants performed without the Deed because the Plaintiff hath the original Deed and perhaps the Defendant took not a counter-part of it the Court useth to grant Imparlances till the Plaintiff bring in the Deed and upon Evidence if it be proved that the other Party hath the Deed we admit Copies to be given in Evidence but in Qu. Imp. the Grant of the Advowson must be shewed Mod. Rep. p. 266. If I am bound to perform Covenants and the Covenants are in the affirmative if the performance of them be by Matter of Fact I may recite the Condition and plead generally that I have performed all the Covenants and shall not shew especially the performance of them as if I am bound to enfeoff the Obligee of c. and also that I shall give to him an Horse in Debt brought upon the Obligation I shall shew the Condition and shall say perimplevi omnes Conventiones and shall not shew the special matter of the performance as that I gave him an Horse at such a place c. but if the Condition be in the affirmative and the performance of this may be tryed by Matter of Record as if I am bound that I shall be non-suit in such an Action there I shall shew the performance of this especially but if the Condition be in the negative as that I shall not go to London before such a day I must answer to this in the negative 13 H. 7.19 b. 10 H. 7.12 b. vide plus A Condition to perform all Covenants comprised in such Indenture the Defendant pleads he had performed all the Covenants without shewing how per Cur. as to all the Covenants which are to be performed in the affirmative the Plea is good but where the Plaintiff is to be a Party to the performance as if I am bound to enfeoff you of two Acres in D. which you shall assign here I must shew how also where words are in the disjunctive it ought to be shewed specially and a Clause in the negative must be answered in the negative 16 H. 7.11 a. vide 26 H. 8.5 cont as to general performance pleaded Upon Oyer of the Condition the Defendant pleads Covenants performed and doth not set forth the Indenture which per Cur. upon Demurrer he ought and if he have it not he may move the Court and have a Copy thereof Per Twisden it hath been vexata quaestio heretofore who should set it forth 1 Keble 127. Walker versus Gibson 2 Keble 80. Anonymus The Court on an Affidavit by the Attorny that the Bonds are for performance of Covenants will order the Defendant to deliver a Copy of the Covenants to the Plaintiff that he may reply there are none broken but not else but by consent 1 Keble 653. Paschal and Jekel In Action of Debt the Defendant pleaded it was for performance of Covenants and that he hath performed all not shewing forth the Indenture to which the Plaintiff demurred the Court agreed he must set it forth 1 Keble p. 415. Lewis and Bull. Det sur Bond the Defendant pleads the Condition is to perform Covenants contained in a Pair of Indentures in which are contained divers Covenants and recites them which he had performed the Plaintiff demurs because he said not when he pleaded the Indenture hic in Curia prolat ' and Judgment pro Quer. and per Coke he might take advantage of this upon the general Demurrer without shewing cause for it is matter of substance 1 Rolls Rep. Duport and Wildgoose mesme Case 2 Bulstr 259. If in Debt sur Obligation with Condition for performance of Covenants in an Indenture the Defendant pleads performance generally this

good against the Heir tho the Executors have Assets he may have his Election 1 Anderson p. 7. Sir Ed. Capels Case Debt lies against the Heir of an Heir upon Obligation of the Ancestor to the 10th degree Noy 56. Dennyes Case The Obligee shall have a joint Action against all the Sons in Gavel-kind 11 H. 7.12 b. Debt against three Heirs in Gavel-kind the Defendant pleads C. one of the Heirs is within Age. The Heir of an Heir shall be chargable with an Obligation simul cum the immediate Heir and such Heir shall have his Age Moor n. 194. Hawtree and Auger 1 Anderson p. 10. n. 22. id Case If a Man bind himself and his Heirs in an Obligation and leaves Land at Common Law and Gavel-kind the Creditors must sue all the Heirs and if there be Land on the part of the Father and on the part of the Mother and both have Land by descent he shall have several Actions and Execution shall cease till he may take it against both so that the Construction of Law is stricter where the Heir is charged with Warranty real than when he is charged with a Chattel Hob. p. 25. Riens per descent pleaded and what shall be Assets J. S. by Will deviseth his Land to his Heir at 24. and if he die without Heir of his Body before 24. the Remainder over he attains 24. a Fee-simple descends for no Tail shall arise before his said Age which Tail shall never take effect 2 Leon. p. 11. Hind and Sir John Lion id Case 3 Leon. p. 70. The Father bound in Obligation and deviseth his Lands to his Wife till his Son comes to 21 years of Age the remainder to his Son in Fee and dies the Son shall be adjudged in by descent 2 Leon. 123. fol. 101. Bashpooles Case 3 Leon. p. 118. The Ancestor was seised in Fee and by his Will deviseth them to the Defendant being his Son and Heir and to his Heirs on Condition to pay his Debts within a year and if he failed his Executors shall sell he entred and paid no Debts the Executors after entred and sold It s not Assets in Heirs hands for though the Heir hath a Fee yet he hath it as a Purchaser being clogg'd with such a Condition Cro. M. 5 Car. p. 161. Gilpins Case Two things requisite to bind an Heir 1. Lien express 2. Lands by descent In Debt against an Heir he is charged as Heir and the Writ is in the debet and detinet and it s not in auter droit but taken as his proper Debt from 18 Ed. 2. till 7 H. 4. If the Executor had Assets the Heir was not chargeable but now the Law is changed in that Point if the Heir sell the Land before the Writ purchased he is discharged of the Debt in regard he is not to wait the Action of the Obligee Trusts descending shall be Assets by the Statute of Frauds and Perjuries so Lands of special Occupancy vid. Stat. The Defendant pleads his Father was seized in Fee and covenanted with J.S. c. to stand seized to the use of himself for Life the Remainder to the Defendant in Tail c. the Father had caused a Deed to be engrossed and delivered the Deed to a Scrivener to the use of J. D. and M. so as J. D. would agree to it J.D. died never having notice of the Deed Per Cur. the Father never covenanted because the Agreement of J. D. was a Condition precedent to the essence of the Deed and so no Deed to raise the Uses contra the Defendant Moor n. 426. Dego● and Rowes Case id Case 1 Leon. 152. n. 211. The Heir pleads riens per descent special Verdict find the Father was scised in Fee and enfeoft J. S. of the Mannor of P. excepted and reserved to the Feoffor for life two Acres only the Lands in question and after limited all to the Feoffees to the use of the Defendant in Tail Per Cur. the Lands do descend to the Son the Exception being void 2 Keb. p. 667 ●19 Wilson and Armorer Upon riens per descent pleaded special Verdict find M. seised in Fee de Saliva Anglice a Salt-pan died and his Son entred and was seised and the Defendant entred as Heir per possession fratris this is Assets by descent and such Heir per possession ' is chargable to the Debt of the Ancestor 3 Keb. Tr. 28 Car. 2. f. 659. Clinch and Butler The Heir pleads riens per descent the Defendant had levied a Fine but because no Deed of Uses was produced at Trial the Use was to the Conusor and his Heirs and so the Heir in by descent Mod. Rep. p. 2. Riens per descent pleaded Feoffment pleaded at the Trial it appeared to be fraudulent it need not be pleaded but may well be given in Evidence 5 Rep. 60. Gooches Case Debt vers l'Heir he may plead in Bar a Release made by the Obligee to the Executors and though the Deed belongs to another yet he must shew it forth for both of them are privy to the Testator Co. Lit. 232. a. Upon riens per descent pleaded it was found he had Assets in the Cinque-ports Judgment was general against the Defendants and as to the Moleties of the Lands in the Cinque-Ports the Plaintiff 〈◊〉 have a Certiorari to remove the Records into Chancery and thence by Mittimus to send to the Constable to make Execution 1 Anderson n. 65. p. 28. Hicker and Harrison vers Tirrel 3 Leon. p. 3. The Heir pleads riens per descent the Plaintiff replies he sued a former Writ vers l'heir and the Defendant was outlawed which was reversed and he freshly brought this Writ by journeys accompts and avers he had Assets the day of the first Writ purchased Hob. p. 248. Spray and Sherrat Cro. Jac. 589. id Case cited Debt vers l'heir the Defendant pleads his Ancestor died Intestate and that one J. S. had administred and had given the Plaintiff a Bond in full satisfaction of the former upon Issue joined it was found pro Def. If the Obligor had given this Bond it had not discharged the former but being given by the Administrator so that the Plaintiffs security is bettered and the Administrator chargable de bonis propriis it s a good discharge Mod. Rep. 225. Blith and Hill He pleads riens per descent but 20 Acres in D. in Com. Warwic The Plaintiff replies more by descent in S. viz. so many Acres and found pro Def. and a discontinuance in the Record of the Plea from Term P. to Term M. assigned for Error and per Cur. its Error and not deins Stat. 18 Eliz. because the Judgment was not founded on the Verdict but upon the Confession of the Defendant of Assets Yelv. p. 169. Hill 7 Jac. B. R. Molineux Case The Heir pleads the Obligor died Intestate and J. S. administred and he had given the Plaintiff another Bond in full satisfaction of the former vide Mod. Rep.