cclxxxiii thetford and THETFORDS case partition in waste the plaintiff declare  upon the demise of the moiety of the manor whereof part of the tenant be  copyholder and part freeholder and that a be seize of the manor and have issue  two daughter and die seize the daughter enter and make partition of the demean  only but the service of the freeholder and copyholder do remain in common one  of the daughter take husband the husband and the wife make a lease of the  moiety of the manor to the plaintiff for year by word render rend the lessee  enter into the demean allot to the wife of the lessor the husband die and the  wife bring a action of waste Anderson by the partition the demean be now  become in gross and sever from the manor and if partition be make of a manor  so as the demean be allot to one sister and the service to the other now the  manor be dissolve yet if the other sister die without issue and her part  descend to the other now it be become a manor again which Windham and periam  grant see h and Anderson be of Leonard er p opinion that the moiety of the  demean do not pass by the word of the moiety of the manor as if one seize of a  manor make a feoff in fee of part of the demean and afterward repurchaseth  they and then make a feoff of the whole manor the demean repurchase will not  pass thereby for they be once sever from the manor and not reunite by the  purchase periam although that in truth it be not a manor nor any part of a  manor yet if it have be repute the moiety of the manor it shall pass by such  name which Anderson grant but it be not like to our case periam this be a  ancient partition as appear by the verdict ten year pass and also it have be  repute the moiety of the manor therefore it shall pass Windham to go away  periam the intent of the grantor be the best interpreter of these word without  rely strict upon the word Anderson if we shall take the intent of man for law  we shall fall into many confusion in our proceed but the law be to judge of  the meaning of man by the word ever in the construction of will intent of the  testator have not have further favour than the word have give leave as to the  other point it be argue by Walmsley that the lease make by the husband and  wife without deed be void see man dyer and if the wife after the death of her  husband accept the rend upon such a lease reserve it shall not bind her for  the consent of the wife ought to be at the beginning of it which can be  without deed Anderson conceive that the lease be not mere void see Elizabeth  smith stapletons case blow periam the matter be clear for although the  plaintiff declare general of a lease make by the husband wife yet the jury  have find that it be by indenture and that be pursuant enough and if the  husband and wife make a feoff of the wife land it be the feoff of both of they  which walmesley grant it be adjourn   Leonard trin Elizabeth in the common  plead