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
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
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
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
Assets in the Heir in a Formedon or Debt for the remainder was never in the Mother for it commenced after her death But if a Rent Charge be granted to I. to commence after his death 't is otherwise for the Heir takes it by descent If Executors have a Villains in right of their Testator and enter into Land purchased by him it shall be Assetts although they have a Fee as Land descended to the Heir shall be Assetts to a Chattle viz. to a Debt of a Stranger The Grantor of a Rent Charge in taile einfeoffes the Grantee of the Land who makes a gift in tail of the Land rendring so much of the Services as he payâ— over to the Lord Paramount it seems that these Services shall be Assetts in the Heir for they are particularly reserved for the Land Assignee IF a Feoffment be made with Warranty to the Feoffee his Heirs and Assigns if he makes a Feoffment over and the second Feoffee re-enfeoffes the first Feoffee he shall vouch for he may be Assignee of his Father being he does not claim as Heir And the Lord by Escheat or Mortmain or of a Villaine or who enters for a Consent to a Ravisher shall not be said Assignees and yet they shall Rebutt If Tenant in tail be with Warranty to him his Heirs and Assignes his Feoffee in Fee shall not be said Assignee for he hath no part of the Estate tail If Land be given to One and his Assignes for ever and it is ganted to him and his Assignes that they shall have twenty Load of Wood yearly for ever Tenant for life grants over his Estate and dies the Assignee shall not have the Wood because his Estate is now determined Attainder A. Dyes leaving two Daughters the one is attainted of Fellony a Lease is made the remainder to the right Heirs of A. the other shall not take the Daughter that was attainted being living for one is not Heir alone but if the Father dies seised of Land a moity shall escheat If the Mesne grants the Mesnalty upon condition that if the Grantee pays a certain sum of Money to the Grantor that he shall have Fee and before the Day the Grantor is attainted of Felony and executed yet the Grantee shall have Fee for the Condition is become impossible to be performed by the act of the Grantor But if a Jointenant makes a Lease for five yeares upon Condition that if the Lessee does such an Act he shall have it for twenty years and before the day the Lessor dies now the Condition is void by the Surviver If a man grants a Rent Charge to begin at a day to come and before the day the Grantor is attainted of Felony yet the charge is good If a Remainder be limited to the right Heirs of A. who hath a Daughter and dies who enters and after a Son is born and attainted yet the Remainder shall not be devested out of the Daughter The Son endowes his Wife Ex Assensu Patris the Son is attainted of Felony it seems that the Wife should not retain her Dower for 't is the Dower of the Son for she claimes it from the Son and if she brings a writ of Dower of it Ne unques accouple in loyall Matrimony is a good Plea and if there had been a disseisin of it a Collateral Warranty shall be no bar to the Wife for she pretends no Title to it but by the death of her Husband and then the Warranty descends before her Title for if it descends after her Title it shall be a good bar And if she after her Dower so assigned be attainted of Felony and after hath her Charter of pardon for her life and after the Husband dies she shall retain her Dower for her Interest in it commenced after her Pardon And yet by her Attainder she forfeited all her Inheritance Free hold and Chattles Real If an Attainted person be enfeoffed to the use of another the possession cannot vest in the other but must escheat but he which is Attainted may be an Atturny Grandfather Father and Son the Father is Attainted of Treason and dies and after the Grandfather dies seised of Land the Lord of whom the Land is holden shall have it by Escheat and not the King For the Father had it not at the time of Attainder And being that the Grandfather dyed without Heir the Land shall Escheat So it is if the Father be Attainted of Treason and the Grandfather dies leaving the Father The Issue in tail is Attainted of Felony and is pardoned and his Father dies and a Stranger having cause of Action against whom he shall bring his Action is the Question Some say that the Donor hath the Free-hold in Law as if Tenant in tail dies leaving his Wife Enseint Others say there is none against whom the Action may be brought as if Tenant for Life grants over his Estate to B. who dies now before Entry there is none against whom the Action may be brought Tenant in tail makes a Feoffment within Age and is Attainted of Felony his Issue shall not enter for he is disabled in blood to take advantage of the Infancy because the Infant had no Heir A. Covenants upon a Marriage to stand seised to the Vse of another and before the Marriage the Covenantee is Attainted of Felony yet upon the Marriage the Vse will rise as a Lease for life with a Condition of Accruer if the Lessor be Attainted yet the Estate shall enlarge Tenant is tail is disseised and releaseth to the Disseisor with Warranty and then is Attainted of Felony and hath a Pardon and dies this is a Discontinuance for if he had purchased Land after his Pardon it should descend to his Heir then the Warranty being in Esse at the time of his death there is no Impediment but that it should descend But if Tenant in tail who hath a Warranty annexed to his Estate be Attainted of Felony and Executed his Issue shall not Inherit the Voucher by reason of the Warranty although he hath the Land for the Warranty is our of the Statute de Donis c. which speaks of Lands and Tenements But some think that by the Equity of the Statute it is preserved as well as Charters 21 H. 6. 2. p. Markham 9 H. 6. 60. Cott. p. Charters Tenant in tail makes a Lease not warranted by the Statute and dies the Issue accepts the Rent and is Attainted of Treason if the King shall avoid it Quaere If the Grandfather be Tenant in tail and the Father is Attainted of Treason and Executed yet the Son shall Inherit as Heir to the Grandfather If A. commits Felony and the Lord grants his Seignory and after A. makes a Feoffment upon Condition and is Attainted and hath a Charter of Pardon and after re-enters for breach of the Condition and dies If an Occupant shall have the Land the Issue or the Lord is the Question Atturnment TEnant in tail
enters and gets the Services of all the Tenants and after one of the Tenants makes a Lease for life to the Bastard who dies seised and the Issue enters into the Mannor the Mulier may distrain the Tenant who made the Lease for life for all the Services due after the death of the Father for his Entry was not taken away as to the Services of that tenancy the Seignory of that tenancy being suspended in the estate for life and so no Descent but if there had been a Lease for yeares it had been otherwise Grandfather Father and Son the Father a Bastard the Grandfather seised in tail Quaere if the Son shall Inherit If there be Bastard Eigne Mulier Puisne and the Father is disseised and dies the Bastard enters upon the Disseisor and dies seised being there was no possession in Law descended from the Father but onely a naked right which vests in the Mulier therefore the Descent of the Bastard shall not take away the right of the Mulier But if the Father had died seised and a Stranger had abated upon whom the Bastard had entred and died seised there the Mulier shall be barr'd because the possession in Law descends Tamen Quaere for the entry of the Abater vests a right of Action in the Mulier which cannot be devested by the Entry of the Bastard If there be a Son Bastard Eigne and Daughter mulier Puisne the Father dies seised of a Rent the Daughter having a Husband the Bastard gets the Rent and thereof dies seised and that descends unto his Issue yet the Husband shall be Tenant by the Curtesy and the Mulier shall not be bound by it for the Rent was vested in the Daughter at the time of the Descent and being the Daughter may choose whether she wil admit her self out of possession or no therefore it is at her Election whether she will suffer any wrong to be done to her self or no. If a man dies seised having a Son a Bastard eigne and a Daughter a mulier Puisne being married at that time the Bastard enters and diesseised his Issue enters and the Husband dies perhaps the Wife shall not be bound no more than an Infant in that case But if the Bastard had entered and after she had taken Husband c. it had been otherwise If a man hath a Daughter a Bastard eign and a Son a Mulier Puisne perhaps the Maxime does not hold for she had no colour by the Law If there be two Daughters Mulier and Bastard and they make Partition and the Bastard dies seised without Issue the Land shall not Escheat for if the Lord will say she was a Bastard and so it ought to Escheat the Mulier shall say that she her self is a Mulier and therefore it belongs intirely to her and if the Lord will say they made partition by which the Mulier had admitted her inheritable then the Mulier shall say by that I did admit her to be my Sister and so I am her Heir thus the Lord is estopped every way Lord Mesne and Tenant by equall Services the Tenant fore-judges the Mesne the Lord dies having a Bastard eigne Mulier puisne the Bastard hath Issue and dies seised after he had married with the Tenant the Wife dies the Mesne reverses the Fore-judger by error the question is if the Mulier shall have the Rent of the Seignory It seems the Maxime holds place as well of a Rent as of Land as it is holden in 14 E. 2. Bastard 26. And though the Rent was suspended by the Marriage yet the Maxime holds place as to the dying seised of a Rent without interruption for 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 if his Ancestor did not die seised Vide Release Bona Felonum c. THe Goods of those who are attainted by Verdict or Outlawry or Confession are said Cattalla Felonum and if a man flies for Felony the Goods which he hath at that time are Bona waiviata and though he be Attainted after yet they are so still But if a man flies for Felony and after he is taken and acquitted there his Goods are forfeited as Catalla Fugitivorum but in all the cases the property must be in him that flees But by some Bona Waiviata are those which are stollen by a Felon and left v. 29. E. 3. 12 E. 4.6 Borough English A Man dies without Issue seised of an Acre in Borough English having two Uncles the youngest who enters into the Acre by reason of the possession is voucht with the Eldest by reason of a Warranty entred into by the Nephew they lose the Tenant who voucht them having recovered dies leaving two Sons the eldest sues Execution and the youngest ou ts him vide 11 H. 7. 12. A. Charge GRandfather Father and Son the Father disseises the Grandfather and dies the Son grants a Rent Charge the Grandfather dies the Son shall not avoid his own Charge by the accession of this new Right If the Son disseises the Father and grants a Rent Charge and the Father grants a Rent Charge the Land shall be charged in Perpetuum but if the Son had been dead first it had been otherwise and his Son should have holden it discharged If a Stranger disseises the Father and grants a Rent Charge and infeoffs the Son and the Father dies the Son shall hold it discharged If the Father disseises the Grandfather and dies the Son enters and grants a Rent Charge the Grandfather dies he shall hold it discharged although he was of full age at the time of the Charge vide Sect. preced cont As if Tenant in tail infeoffs the Issue within age who grants a Rent Charge at full age after the death of Tenant in tail the Son shall hold it discharged for in both cases he is in of another estate If a Disseisor grants a Rent Charge and is disseised a Release is made to the second Disseisor the Charge remains If two Jointenants grant a Rent Charge Provided that it shall not charge the person of one of them some think he shall not charge the other Tenant in tail grants a Rent Charge in fee and makes a Lease for forty yeares rendring a Rent and dies the Issue accepts the Rent some think the Grantee shall have the Rent during the Lease and the life of the Issue though the Lessee surrenders Quaere for the Reversion is discharged The Father disseises the Son and grants a Rent Charge the Son endowes his Wife ex assensu patris in the same Land the Father and Son die the Wife enters as Tenant in Dower she shall hold it charged for she doth not claim from the possession in Law but from the possession charged If Tenant in tail grants a Rent Charge and dies the Abator shall not hold it charged But by many the Rent in
shall hold it discharged and some think he shall If A. makes a Lease for years upon a collaterall Condition and the Lessee makes a Lease for 20 years and then surrenders to the Lessor it seemes to some that the Condition for the rest is extinct for he hath part of the estate by his own Act so that if he should re-enter he could not be in in the same manner as he was before for he cannot avoid all the estate If a Feoffee upon condition make a Lease for life and after the Feoffor releaseth the Condition to him in Reversion the estate for life is discharged of the Condition and it seems to them all one viz. a Release in Deed and in Law And Note if Feoffee upon Condition makes a Lease for life a Release of the Condition to Tenant for life shall extend to all the Condition against the Feoffee And it is cleer if there he Feoffee upon Condition of two Acres and the Feoffor releases the Condition in one it remains in the other as it shall be of a Warranty annexed to two Acres for the Condition is several as the Right is and shall remain in part of the Land as the Right shall do But if the condition had been by two or to two there a Release by one or to one dischargeth all the Condition as it shall do a Warranty but if a man hath two Acres one to him and his Heirs Males and the other to him and his Heirs females and makes a Lease for years of both of them rendring a Rent upon Condition and dies having a Son and a Daughter the Condition remains for the Son in one Acre and is extinguished for the other And if Lessee upon Condition surrenders one Acre it remains for the other Tenant for life makes a Lease for years upon Condition to have it for the life of Tenant for life the Lessee dies and his Executors perform the Condition yet the Freehold shall not accrue to them For when the Lessee for years died the Condition was gone for the Executors are not capable to perform the condition to increase a Freehold although they may to encrease a term for the one is testamentary and the other not Vide Infant Fem Covert Entry Rent Confirmation LEssee for life makes a Lease for years rendring a Rent the Lessor confirms the Estate of the second Lessee Tenant for life dies within the term and the Lessor distrains and avowes for the Rent some think he cannot Tenant for life grants a Rent charge in Fee the Lessor joins in a Feofment of the Land the Rent shall indure for ever for it is the Feoffment of the Tenant for life and the confirmation of the Lessor If a Disseisor takes a Confirmation of the Lord to hold by lesser Services and the Disseisee releases to him yet he shall take advantage of the Confirmation If there be two Tenants in Common for life and a Confirmation is made to them and their Heirs they are Tenants in Common of the Fee as they were of the Freehold for a Confirmation inures according to the nature of the estate upon which it inures and a Confirmation does not alter the estate If Land be given to two men and the Heirs of their two bodies and the Donor confirms the Land to them in Fee they are not Jointenants of the Fee If a Disseisor grants a Rent Charge to the Disseisee and he grants it over and after re-enters he shall hold it discharged for it cannot inure as a Grant and as a Confirmation If there be Lord Mesne and Tenant each by Fealty and twelve pence the Lord confirms the estate of the Tenant to hold by one penny that Confirmation is void for want of privity for there ought to be an immediate tenure where it is to be abridged As if Tenant for life makes a Lease for years and the first Lessor confirms the estate of the Lessee for years that is void for want of Privity So if Tenant in tail makes a Lease for his own life and the Donor confirms that will not enlarge his estate Lord Mesne and Tenant each of them holds by twelve pence the Mesne is outlawed in Felony the Lord confirms the Estate of the Tenant to hold by one penny the Heir of the Mesne reverses the Outlawry by Error and distrains and avows for twelve pence There is Diversity viz. if the Tenant dies without Heir the Law cast the possession of the Tenancy upon the Lord so that he hath the possession in Law before Entry But if the Tenant be attainted of Felony there the Lord hath not the possession either in Fact or in Law before Entry for if the Tenant continue twenty years in possession after the Attainder he shall be said to be Tenant then here the Law doth not cast the possession of Mesnalty upon the Lord and so there wants that privity between the Lord and the Tenant which is requisite to the deminishing of the Services Then here the Confirmation inures to prove his Agreement to the Escheat or otherwise it shall be void which the Law will not suffer If the Mesne grants the Mesnalty to the Lord Par auter uge and after the Lord had confirmed ut supra and after cesty que vye dies there the Mesne shall hold according to the Confirmation for the Fee of the Seignory was not in suspence because he had it but par auter vye If a Fem hath a Lease for twenty years and the Lessor confirms to the Baron for forty years who dies the Fem shall have the residue of the twenty years Quod nota If a Disseisor makes a Gift in tail or Lease for life to A. to whom the Disseisee confirms yet after the estate determined he shall enter upon him in Reversion for the estate is only fortisied but if the Confirmation had been to the disseisor he cannot enter upon the particular Tenant But if the Disseisor had given c. to A. and B. and to the Heirs of A. and the Disseisee confirms the estate of B. Quaere But it is cleer if he had confirmed the Estate of A. he should never enter upon his Heirs for if a Disseisor gives Land to C. in tail the Remainder to the right Heirs of C. and the Donor confirms the estate that shall go to the Fee And if a Disseisor gives land to A. for life the remainder to B. for life and the estate for life to A. is only confirmed Quaere If a Disseisee where his entry is taken away and a Stranger enters upon the Heir in by discent confirms the Estate of the Stranger though his confirmation gives no possession of the Freehold yet his ancient Right is gone for ever But if the Heir who is in by discent were disseised by A. who makes a lease for life to B. and the first Disseisee confirms his Estate and the Heir enters the Disseisee hath no remedy during the life of B. for the Confirmation continues
so long and no longer And the Heir hath the Right of B and so the Disseisee cannot have an Action against B. and by the same reason he cannot have an Action against him that hath his Estate in respect of the first Disseisee So if the Heir in by descent had made a Lease for life to the Disseisee and a Stranger and the Disseisee confirms the Estate of the Stranger there the Disseisee hath no Remedy during his own life though the Heir re-enters Causa qua supra but his Heir shall have Remedy for it was but a conclusion And some say that the confirmation in the first case shall not extend to the Right that was suspended as a Release will do no more than if a man hath a Rent Charge and he and another disseise the Tenant of the Land and he which hath the Land confirms the Estate of his companion the Disseisee re-enters the Rent is revived for as the Rent was not grantable being suspended in the Inheritance no more may the Confirmation extend to it or touch it Two Jointenants for life of two Acres the Land is confirmed to them in Fee of one Acre to the use of one and of the other Acre to the use of the other in fee they are severall Tenants of the Freehold of the severall Acres for the Confirmation is drownd by the Confirmation in Fee to the Vse and the Freehold made according to the Vse as if it had been before the Statute of 27 H. 8. The Parson makes a Lease for twenty years the Ordinary confirms for ten being it is an intire thing it cannot be confirmed in part as a Confirmation to the Disseisor Tamen Quere for the Assent of the Patron cannot be like to that The Husband is Tenant for life the Remainder to the Wife for life a confirmation is made to them in tail how it shall inure Some think that they shall take the Estate by Intireties and not by Moities It may be said that the estate for life to the Husband the remainder to the Wife continues but if not then to the Wife for one Moity and a Moity in the Freehold shall be extinct c. Vide Baron Fem Wast Continuall Claim LAnd is given to Baron Fem and a third person and to the Heirs of the Bodies of the Baron Fem they have Issue the Baron dies Tenant for life aliens a Moity in Fee the Wife makes Continuall Claim the Issue dies without Issue the Wife may enter upon the Heir of the Feoffee who dies within the year after the Continuall Claime Quere It seemes though at the time of the Continuall Claim she had a Right of Entry yet now the Estate is changed and she shall not enter Quaere how Continuall Claim may be made by Tenant in common for the possession pro Indiviso If the Disseisee dies after he hath made Continuall Claim and within the year a Descent is cast the Heir of the Disseisee cannot enter for it gives only a Title for the advantage of the person who durst not enter But if the Descent had been in the Life of the Disseisee then the Heir of the Disseisee may take Advantage of it For a Title of Entry discended If Tenant for life with a Remainder over be disseised and makes Continual Claim dies he in Remainder shall avoid a Descent happening within a year after the Claim for his Interest was reduced Otherwise of a Son in the life of his Father he hath no Interest If two Jointenants are Disseised and one makes Continual Claim and then dies and after a Descent is cast Quere If the Grandfather be a Disseisor and dies seised within a year after Continual Claim made and after the year and before Entry the Father dies and the Son enters the Disseisee may enter upon him Quaere for some think the contrary Covenant videVse Damages LAnd is given to Baron Fem in Fee the Husband dies the Wife waives the possession and recovers Dower against the Heir she shall have Damages for when she refused the Husband shall be said to die seised and so within the Compass of the Statute If the Husband makes a Feofment and takes an Estate to himself and another in Fee the Husband dies the Wife shall not recover Damages for she recovers her Dower of the Estate which he had before and not of the Estate whereof he died seised So if he had retaken in Fee upon Condition c. For the Law says she is endowable of the First Estate and not under the Condition Daughter A Man makes a Lease for years and dies having a Daughter his Wife Enseint with a Son the Daughter confirms the Estate of the Lessee to hold to him for life with Warranty The Son is born and dies without Issue the Daughter enters upon the Lessee and upon a Re-entry she brings an Assize some think it maintainable But if the Son had Entred upon him an Ejectione Firmae lies A. hath two Daughters the Eldest disseises the Father the Father dies she hath Issue and dies the other Enters claiming her part of the Moity and she brings her Assize that was a Moot case If Tenant in tail discontinues and dies having a Daughter his Wife Enseint with a Son The Daughter Recovers in a Formedon and dies before Execution without Issue the Son born after shall not enter nor sue Execution If the Daughter recovers in value by reason of a Warranty of the Ancestor before the Birth of the Son the Son when he is born shall enter upon Her for he recovers as Heir and it comes in Lieu and so shall be in the same Degree as the first Land was A man makes a Lease for years rendring a Rent upon Condition and dies leaving a Son and a Daughter by one Venter and a Son by another the Eldest Son gets the Rent and dies the Daughter shall have the Reversion but the Condition is gone for she is not Heir If a Daughter enters by purchase or for Alienation in Mortmain she shall retaine against a Son born after A man hath a Park by Prescription in Land in Borough English and dies having two Daughters the Question is which of them shall have it Some think the youngest for a Park is nothing but Land inclosed and a Liberty in Land shall ensue the nature of the Land also a Park may be by Prescription 18 H. 6. 21. a. 1. H. 4. 4. One may have the Liberty of a Park without Allowance Then if Prescription can make a Park there is no doubt but that it may be of the nature of Borough English for the Comencement of it is not known 10 H. 7. 6. per Keble Vide Parceners Deed. A. makes a Feoffment of the Mannor of D. to which an Advowson is appendant by Deed and makes a Letter of Atturny to make Livery the Advowson shall not passe by the delivery of the Deed before Livery be made If the Mannor of D.
of the Issue Quaere If there be two Sons and the youngest hath two Daughters the Grandfather seised of two Acres at Common Law and twenty in Borough English gives the two Acres with the youngest in Frankmarriage the youngest Son dies the Grandfather dies siesed the twenty Acres shall descend equally to the two Daughters and the two Acres shall not be put in Hotch potch for the Custom as well as the descent makes the Title The Disseisor dies without Heir his Wife enseint the Lord enters a Son is born the Disseisee enters upon the Lord. If the Entry had been before the Birth it had been Lawfull and he Remitted If a Stranger abates the Disseisor having Issue or if after abatement a Son had been born the Disseisee could not have entred for the Abator may say that the Land descended to the Issue whose Estate he has If the Tenant makes a Feoffment Pending the Praecipe against him the Plaintiffe Recovers then the Feoffee dies seised the Plaintiffe cannot enter upon the Heir for the dying seised was after the Judgement Tanta mount as if the Feofment and Discent had been both after Judgement and then it had been cleer that the Entry had been taken away for the Discent is the Title and not the Feoffment But if the Discent had been hanging the Writ that would not have taken away the Entry But if a Recovery be had against Tenant for life and he dies and he in Remainder Enters and dies seised that shall not take away the entry of the Recoveror for all the Estate is recovered and he in Remainder is as privy as if the Action had been brought against him immediately so of him in Reversion Br. Ent. Cong 116. The King being seised A. intrudes the King Grants it away A. continues in possession and dies seised this Discent will not take away the Entry of the Grantee for then he were without remedy as if Land be devised and a Stranger Abates and dies that shall not toll the Entry of the Devisee Discontinuance IF Land be given to two and to the Heirs of the body of one and he which hath the Estate in tail makes a Feoffment and both die this is no Discontinuance for any part for he was not seised of the Estate in tail at the time of the Feoffment If Tenant in tail makes a Lease for life the Remainder for life and after Releases to him in the Remainder and his Heirs this is a Discontinuance If the first Tenant for life dies in the life of Tenant in tail If Tenant in tail makes a Gift in tail to A. and after Releaseth to him in Fee and dies and A. dies without Issue the Issue in tail may enter upon the collaterall Heir of A. for the Fee was not Executed in the life of Tenant in tail though it passed out of him Quaere of all these cases If the Grandfather be Tenant in tail and makes a Gift to Baron Fem in tail the Husband dies without Issue the Grandfather dies the Father Releases to the Wife being Tenant after possibility and to her Heirs and dies the Wife dies the Issue cannot enter upon the Heir of the Wife for though it be no Discontinuance yet when the Wife came to the Fee simple the Fee was Executed and then she died seised in Fee and the Discent takes away the Entry But if the Wife had been Tenant in tail and then she had died without Issue it had been otherwise for then she had not died seised but of an Estate tail in possession and a Fee in Reversion and that will not take away an Entry If Tenant in tail infeoffes the Wife of the Donor that is a Discontinuance If Tenant in tail infeoffes the Donor and a Stranger that is a Discontinuance of all for the benefit of the Stranger If Tenant in tail of a Rent grant that in Fee that is no Discontinuance for the Grant endures no longer than for his own life If Tenant in tail makes a Lease for the life of the Lessee and then disseises him and makes a Feofment in Fee the Lessee dies and Tenant in tail dies that is no Discontinuance for the Fee was not Executed by lawfull means So if Tenant in tail makes a Lease for life and grants the Reversion the Grantee disseises Tenant for life Tenant for life and Tenant in tail die this is no Discontinuance for the Fee was not executed according to the Grant But if Tenant in tail makes a Lease for her own life and disseises Tenant for life and makes a Feofment that is no Discontinuance for by the Disseisin he was seised in Fee and the Fee was devested out of the Donor and then he was not Tenant in tail The first case seems cleerer if Tenant in tail dies living Tenant for life If Tenant in tail makes a Lease for the life of the Lessee who is disseised and Tenant in tail Releases to the Disseisor without Warranty Tenant for life and Tenant in tail die this is a Discontinuance in Fee for the Disseisor had the same Fee executed in the life of Tenant in tail which was first made as if he had after Released to Tenant for life which would have countervailed an Entry and Feofment A. makes a Gift in tail to B. who makes a Gift in tail to C. who makes a Feoffment and dies without Issue Nothing made a Discontinuance to the Issue of B. but the Livery of B. for by that the Reversion of the Donor was discontinued But when C. died without Issue that Livery is determined and the Discontinuance purged and the Feofment of C. being a Stranger to the first in tail cannot be a Discontinuance especially when there was but a Right of the Intall discontinued by the Feofment of B. and a Right cannot be discontinued If Tenant in tail be disseised and Releases to the Disseisor with Warranty and is attainted of Felony and hath his pardon and dies that is a Discontinuance for if he had purchased the Land after his pardon it should have gone to his Issue which proves that the blood between him and his Issue is not corrupt as it is between him and his Ancestor then seeing the Warranty was in being at the time of his death there is no Impediment but that it should descend Disseisor LORD and Tenant of twelve Acres by twelve pence the Tenant makes a Lease of one Acre for years the Lessee enfeoffs the Lord he may avow for eleven pence for though he is a Disseisor by the Statute yet to another intent he is in by Feoffment for if Lessee for years infeoffs two a Release to one will inure to both If there be two Disseisors of a house to which Estovers are appendant and a Release is made to one the Estovers Remain for part for the Release doth not countervail an Entry and Feofment If the Lord procures one to disseise the Tenant and then the Disseisor Ceaseth and the Lord Recovers
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
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
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
first Lease for a Lease for years is nothing but a Contract If a Lease be made for ten years to commence at Michaelmas and after he makes a Lease for twenty years to commence at Easter the second Lease is good for ten yeares though the first Lessee surrenders before for it was void for ten years at the first by the same reason if one makes a Lease for life and after makes a Lease for years to commence presently the second Lease is void although the first Lessee dies within a year after If Lessee pur auter vye makes a Lease for twenty years by Indenture and after purchaseth the Reversion in Fee and Cesty que vye dies the Lessor may enter upon the Lessee although the years continue for he hath a new Estate and may confesse the Conclusion and avoid it But if A. lets Lands in which he hath nothing and after purchaseth the Land the Lessee may Estop him although he had not any Estate at the time of the Lease so he cannot confesse the Lease and avoid it as he may in the other case for in this case the Lease took effect by way of Estopple but in the other case there was an Interest conveyed at first If the Patron grants the next avoidance and after he the Ordinary and Incumbent make a Lease of the Rectory for twenty years the Incumbent of the first Grantee shall avoid the Lease but if he dies during the Lease the Lessee shall enjoy it during the rest of the years against the Successor And if Land be given to Husband and Wife and to the Heirs of the Husband he makes a Lease for years and dies after the death of the Wife the Lessee shall enjoy the Residue of the years against the Heir of the Husband for the Lease did once take effect But where a Lease for life is made and a Lease for years to begin presently that was void at the beginning against all persons and therefore can never take effect If the Donor disseiseth the Tenant in tail and makes a Lease for years and the Tenant in tail dies without Issue the Lessee shall have the Residue of the term against the Donor but if Tenant in tail makes a Lease for years and the Donor confirms and the Issue outs the Termor and dies without Issue the Lessee shall not enjoy his term for in the one case he claims from the Donor and in the other from the Donee If a Lease be made to A. for life and twenty years over he shall have the years although livery be not made of the Land If a lease be made for the lives of A. and B. and A. dies the lease shall continue for the life of B. But if two make a lease for sixty years if they two shall so long live if either of them die the Estate is determined for that was not a limitation but a Condition But if a lease be made during the time that A. and B. shall inhabit within London and one of them dwells in another place the lease is determined for it is a collaterall determination If I licence one to occupy my land until the Corn that is growing upon him is ripe that is a good lease Lessee for twenty years makes a lease for ten years and then makes a lease to the same lessee for ten years to commence after the determination of the first ten years the last ten years are not out of the first lessee and therefore the second lessee shall have the Rent which was reserved by the first lessor during the first ten years Quaere A. makes a lease for twenty years and then makes another lease for forty years to C. to commence after the expiration of the first lease and then he makes a lease to the first lessee for thirty years the lease of C. shall not begin presently for nothing extinguishes and avoids the lease but the taking the second lease And then the lease to C. is an impediment that the second lease cannot commence and therefore the first lease is not determined Tenant in tail marries and makes a lease for years the Wife endowed shall avoid the lease for her time but after her decease the lease will stand good against the Heir if the Heir accepts the Rent If Tenant in tail makes a lease for years and marries and dies without issue the Donor avoids the lease and the Wife recovers her Dower the Lessee shall enjoy it against her A. makes a lease for forty years Provided that if B. dies within the term that it shall be but for twenty A. dies at the end of four and twenty years the lessor brings an Action of Waste for waste done between the three and twenty and four and twenty years some think it is maintainable in the tenuit for the term continues until the death of B. If a Rent had been granted for forty years with such a Proviso and he dies ut supra the Tenant of the Land may have an Action of Accompt for the Rent received after the twenty years for now upon the matter the Grant ended at twenty years If a Lease be made of Land to me during my life and the life of B. that is but an Estate for my own life for the greater drowns the lesser If a Lease be made to two for forty years if they shall so long live and one dies the Lease determins for it is a Condition and not a Limitation So if the Lease had been so long as A. and B. shall be Justices c. A. le ts during the life of Baron Fem the Lessee grants during the Coverture Limitation IF Land be given to one and the Heirs males of his body the Remainder to the Heirs Females of his body the Daughter of the Son shall not take by this Limitation If Land be given Habendum to him and the Heirs males of his body and to him and the Heirs Females of his body if he shall take it as a Remainder Quaere But Litt. faith in the last case but one that the Warranty of the Father shal be lineal to the Daughter If Land be given to one and the Heirs Males of his body and the Heirs Females of his body if he hath Issue Male and Female they shall take by Moities severally by descent So if a Woman hath three Sons by severall Husbands and Land is given to the Woman and to the Heirs of her first and second Husband some think the two Sons shall take severally by Moities and yet it was but one Estate in the Woman A Feoffment is made to the use of I. and after to the use of the Feoffor and his Heirs the Feoffor doth not take it by Remainder for the Limitation to himself is void for the Law saith as much but it is in him as a Reversion But if the Feoffment had been to the use of the Feoffor for life there the Feoffee shall have the Fee to his own use If a man makes
upon Condition that if D. dies living C. that it shall be lawfull for me to re-enter Quaere if this Condition be sufficient for me to enter upon an Occupant If a man commits Felony and the Lord grants his Seignory and after the man makes a Feofment upon Condition and is Attainted and obtains his pardon and after Re-enters for â—reach of the Condition and dies if the Occupant shall have the Land or the Lord or the Issue is the Question A. makes a Feoffment to B. Habendum to him so long as Pauls Steeple shall stand B. dies without Heir Quaere if the Lord may enter by Escheat or an Occupant shall have it Outlawrie IF a man grants to another one of his Horses until the Grantee hath made Election there is no property vested in him neither shall he forfeit it by Outlawry Parceners Partition A. seised of two Acres hath a Son and a Daughter by one venter and a Son by another grants a Rent out of one Acre to the Son who dies the Father dies the Daughters make Partition the Land charged is allotted to the youngest she shall hold it charged with all to the Eldest 34 Ass P. 15. A. hath Issue two Daughters and holds Land of the Eldest by Suite and an Hawke and dies the Daughters assign a third part to the Mother in Dower and then makes Partition Tenant in Dower shall not be contributory for any part of the Services for the Reversion remains in Parcenary between them two for they cannot make Partition thereof and then the whole Seignory is in suspence and also the youngest Daughter shall be discharged of the Tenure and yet if Land holden by an Hauke discend upon the Seignoresse and her Sister and they make Partition the Seignoresse shall have the Hauk but there no suite for by the Stat. of Marlbridge ca. 9. the Eldest ought to do it and the youngest is to be contributory but she being Seignoresse cannot do it to her self ergo c. But the Reason in the principall case why the youngest shall be discharged is because the Seignory is in suspence for parcel and it cannot be in esse for the rest But if a Tenant hath two Daughters and the Lord seises the youngest within age he shall distrain the other for the Moity of the Seignory and the Act of Law shall not prejudice him Quaere for the Seisure is his own Act. If one Sister be Seignoress to whom the Tenancy is descended she shall not have the Rent nor other Charge before Partition but if she had the tythes she should have had them after severance from the nine years before Partition for they lye in Prendre and she takes them as Parson Before Partition one Parcener makes a Lease of an Acre to I. S. for twenty years and they after make Partition so that that Acre is allotted to her it seems she shall out the Lessee for the Partition hath relation from the death of theAncestor and yet at this time she had full power to make a Lease of the Moity of it So it seems she shall avoid a Rent Charge granted by her Sister If the Husband makes a Lease of an Aere which is after assigned to his Wife by a Recovery in Dower upon a Title which she had at that time she shall avoid the Lease c. forall Quaere in both cases If one Parcener recovers pro rata against her Companion she shall avoid the Charge made by her in the Land recovered as an Exchanger shall do Land recovered in value after Partition by one Parcener shall be rateable A. seised of two Acres hath two Daughters and grants a Rent Charge out of one Acre to the Eldest and dies they make Partition the Eldest hath the Land Charged and the other being impleaded Recovers against the Eldest pro rata she shall hold the Land Recovered in value pro rata with the portion of the Rent If Parceners make Partition and one aliens in Fee a Stranger by a Title Paramount enters upon the other she shall not occupy the Land with the Feoffee for the privity is dissolved for she cannot recover pro rata If A. be seised of one Acre in tail and of another in Fee hath two Daughters they make Partition the younger hath the Acre in tail the Lord of whom the Acre in Fee is holden shall take notice of this Partition it seems otherwise for a Donor of an Acre in tail for he shall not be bound by that Partition unduly made no more than the Issue in tail shall be but the parties that made the Partition being of full age are concluded but if one Acre in tail be allotted to one and the other Acre in tail to the other the Donor is concluded If Partition be of Land in tail and a Rent is granted for equality of Partition that Rent shall be in tail 2 H. 7. 5. But if there be Parceners of two Acres one in tail and the other in Fee and she which hath the Acre in Fee grants the Rent to the other for Equality that Rent shall be but in tail but if that Rent had been granted to her which had the Fee it shall be in Fee for if she dies without Issue her Heir shall have it so long as the other hath Issue of her body for til that ceases thePartition stands but if there be four Acres three in Fee and one in tail and she which hath the third Acre grants a Rent for equality thatshall be a Fee Quia sequitur magis principale Three Parceners in tail make a Feoffment with Warranty the Eldest first and the youngest after dies without Issue the second hath Issue and dies the Issue brings a Formedon she shall recover a Moity of the part of the eldest and a moity of the part of the youngest and no more for the Warranty of the Eldest was collateral to the second for the part of the second for the other part she could not make her self Heir to her that made the Warranty but yet for the part of the Eldest the Warranty is Lineall to the second and youngest Daughter for they might Inherit as Heir to her and for the part of the youngest as to her self and her Heirs for their third part the Warranty of the Eldest is collateral for the youngest or her Heirs could not make themselves Heirs of that third part to the Eldest who made the Warranty so that the Warranty of the Eldest shall enure as aforesaid Then as to the youngest who died last her Warranty as to the second Sisters part is collaterall and to her Issue for they cannot make themselves Heirs to her who made the Warranty c. But as to a Moity of the Eldest 't is Lineall and as to the other Moity collateral for by possibility the youngest and the second might have had the part of the Eldest by Descent if the Eldest had died first as she did then if the youngest dies without Issue