case DYMMOCKS case in the court of ware if a bargainee die after the execution  of the indenture yet if it be enrol within the six month the estate shall  descend to his heir ante roll ab Inst Owen latch cro car sheep touch upon a  office after the death of sir Henry Dymmock for the manor of pie in ordington  in the county of Warwick it be thereby find that the say manor by indenture  the that July James be bargain and sell to sir Henry Dymmock and his croak  throw heir for three thousand pound that upon the that October James he die  and that upon the that October James this deed be enrol and that his cousin  and heir who be marry to sir Walter earl be of the full age of twentyone year  at the time of his death and that the manor be hold by service of knighthood  in capite the question be whether his heir shall sue livery or shall be in  quasi by descent and not mere by descent and in nature of a purchaser in who  the land be first vest and it be refer to the two judge assistant to the court  be move before Montague chief justice Hobart chief justice of the common plea  and Tanfield chief baron they hold that he shall he in by descent and shall  sue livery for when the enrolment come and there be no act in the interim do  to stop it the estate vest in the ancestor ab beginning by the use limit for  the statute Henry c be that nothing shall pass c except by deed enrol c when  the exception be perform it be in the ancestor by the statute of use and  therefore the heir be within age shall be in ware and be of full age shall sue  livery and it be not like to Billinghams case that a bargainee before  enrolment bargain and sell to another and afterward the first deed be enrol  and after that the second deed be enrol also yet nothing pass for he have not  any estate in he at the time of the bargain to give to a stranger so in  Shelleys case the heir be in quasi by descent yet he be not in ware because  the croak James er p use never vest in the ancestor vide   a wood case cite in  Shelleys case wherefore the justice here will advice and do not give any  resolution therein a