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prince_n duke_n king_n lancaster_n 2,834 5 11.3467 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A93118 The touch-stone of common assurances. Or, A plain and familiar treatise, opening the learning of the common assurances or conveyances of the kingdome. By VVilliam Sheppard Esquire, sometimes of the Middle Temple. Sheppard, William, d. 1675? 1648 (1648) Wing S3214; Thomason E528_1; ESTC R203541 687,813 543

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of the land whereof the recovery is to be had for an estate for years or any such like estate will not hinder the suffering of a recovery there the course is to get a Conditionall Surrender from the tenant for life of his estate to him in reversion or remainder to the end that he may be perfect tenant of the Inheritance and then the writ of entry may be brought and the recovery had against him for if a writ of entry be brought against a stranger and he vouch the tenant in taile in possession of the land and so a recovery is had or if there be tenant for life of land the remainder or reversion to another in taile or in fee and a stranger doth bring a writ of entry against him in the remainder or reversion or against a stranger who doth vouch him and so a recovery is had these recoveries are not good And yet if the writ be brought against the tenant of the land and a stranger that hath nothing in the land together and so a recovery be had this recovery is good enough And if a disseisor make a gift in taile of the land to another and the writ is brought against him and he vouch the disseisee and he vouch the common vouchee this is a good recovery 5. That it be in such a case as is not prohibited Stat. 34. H. 8. ca. 20. Co. super Lit. 37● 2. 5. 16. Co. 8. 77 78. by some Statute law for if the King give any of his owne land Prerogative whereof he is seised or cause or procure another in consideration of money or other land to give the lands whereof he is seised in taile to any of his subjects or servants in recompence of their service or the like the remainder to the King in fee simple or fee taile such estates in taile cannot be barred by a common recovery And therefore if such a tenant in taile shall suffer a recovery of such land it is voyd and it will neither barre the issues in taile nor any of them in remainder nor the King But if the King make such a gift in taile keeping the reversion to himselfe and after doth grant the reversion to another in this case tenant in taile may suffer a recovery and bar the estate taile and the reversion also And where a subject by the Kings provision doth make such a gift in taile and then doth grant the remainder to the King for life or years only in this case the estate taile temainders and reversion also may be barred by a common recovery So in other cases where a subject doth make a gift in taile the remainder to the King in fee this estate taile may be barred by a common recovery And therefore if there be tenant in taile the remainder or reversion in fee to another and he in remainder or reversion by deed indented and inrolled doth bargaine and sell his remainder or reversion in fee to the King or if one covenant to stand seised to divers uses in taile the remainder to the King in fee in these cases the estates and the reversion and remainders depending thereupon may be barred by a recovery So if a man make a gift in taile the remainder in fee and he in the remainder doth grant his remainder to another for life the remainder to the King in fee on condition the estate shall be voyd upon the tender of 20 l. in this case the estate taile and the reversion also and condition thereupon may be barred So if the Duke of Lancaster had made a gift in taile and the reversion had descended to the King this estate taile might have been barred by a recovery So if Prince H. sonne of H. 7. had made a gift in tail the remainder to H. 7. in fee which remainder by the death of H. 7. had descended to H. 8. in this case the tenant in taile might have barred the estate taile by a recovery And yet if the King make a gift in taile the remainder in taile or grant the reversion in taile in these cases a common recovery may not be suffered to barre the entaile remainder or reversion And if the husband for the advancement of his wife in Jointure and the preferment Stat. 〈◊〉 H. 7. cap. 20. Co. 3. 58. 61. 59. of the heires of their two bodies make an estate in taile to him and his wife and the heires of their two bodies and the wife after her husbands death alone by her selfe or with any other husband suffer a common recovery of the land whereof this estate is made this recovery will not barre the estate taile But if in this case the recovery be suffered by the heire in taile or by the heire and his Mother together it is a good recovery And therefore if A be seised of land in fee and he make a feoffement in fee to the intent that the feoffee shall reconvey it to him and his wife and the heires males of his body and this is done accordingly and they have issue a sonne and she surrender or make a forfeiture and he enter and suffer a recovery this is a good recovery and barre to the esate taile or if the writ be brought against the mother and she vouch the heire in taile and so a recovery is had this recovery will barre the estate taile And howsoever at the Common Stat. 14 Eliz. cap. 8. Co. 1. 15. 62. ●0 43. 45. 3. 6. Law a recovery against a tenant for life with a voucher upon a lawfull warranty and a recovery in value was a barre to him in remainder or reversion and there was no remedy in this case yet at this day it is otherwise And therefore if tenant in taile after possibility of issue extinct tenant by the courtesie or any other tenant for life doe suffer their lands to be recovered from them by covin and agreement either as immediate tenants or as vouchees upon feigned titles without the assent and to the prejudice of him in remainder or reversion such recoveries are voyd and will not Forfeiture barre the remainders or reversions but are forfeitures of the estates of such tenants for life Insomuch that if tenant for life be made tenant in fait to the writ or tenant in law upon the voucher and so a recovery be had as if tenant for life make a lease for years and the lessee for years doth make a feoffement in fee and the feoffee doth suffer a common recovery in which the tenant for life is vouched and he vouch the common vouchee these recoveries will not bind the reversions or remainders But there is no provision made at this day to preserve the reversion or remainder expectant upon an estate taile nor to avoyd a recovery of the tenant for life where he in the next remainder is agreeing and assenting to it And therefore if there be tenant for life the remainder to A in taile the remainder to B in