cclxxxvii Sutton and holloway and DICKONS case estoppel in a ejection strong  by Richard Sutton against Robert Holloway and Thomas dickens upon not guilty  plead the jury find this special matter sure that the say Thomas dickens have  not any thing in the land in question at the time of the make of the lease  upon which the action be bring sure who lease by indenture to the plaintiff  for certain year who enter and afterward the say Thomas dickens contra  indenturam svan prediction to go into upon the plaintiff and if the same shall  be a good lease by estoppel be the question the jury have find the truth of  the matter sure that the lessor have not any thing at the time of the demise  walmesley object that the jury ought not to find the indenture because it be  not plead for the plaintiff do not declare upon any indenture but the  exception be not allow but in old tinle the law be such e but at this day the  law be otherwise see scholasticas case Elizabeth blow but where a release or  other write ought to be plead there it ought to be show to the court walmesley  in rei in point of fact the lease be void for a man can let land in which he  have not any thing but in respect of the party themselves the lessors and  lessee both be conclude to say that be no lease for none of they can say to  the contrary but here the jury which be a three person be not estopped to say  the truth but they may find the special matter and the truth of the case and  the estoppel have not place there but the truth of the matter appear to the  judge the judge ought to adjudge upon the same sure if a man may make a  effectual lease of land in which he have not any thing at another day it be  move by Shutl although that the jury be not estopped yet the party themselves  be estopped for the law make the estoppel betwixt the party and the law will  not permit a man to say any thing against his own deed be indent nor any  patter contain in it periam and Anderson clear for the plaintiff that it be a  lease by estoppel and by periam it have be adjudge in the king beach that the  jury in such case be compellable upon pain of attaint to find the estoppel  walmesley here the estoppel be out of door for the truth of the matter  disclose by the verdict not by the party only make the estoppel he Leonard er  p much reply upon the case of Littleton a a woman seize of land in fee take a  husband who alien to another in fee the alienee leas to the husband and wife  for their life now the wife be remit and seize in fee as before here if the  alienees I e the lessor bring a action of waste against the husband and wife  the husband can bar the plaintiff by the truth of the matter sure the remitter  of his wife for he be estopped to say against his own feoff and his retake of  the particular estate to himself and his wife but if in a action of waste the  husband make default at the grand distress and the wife pray to the receive  she may well show the whole matter so here the jury Windham the plaintiff  ought to have demurrer upon the evidence periam what if the defendant will not  join with the plaintiff in the demurrer Windham there the court ought to  overrule they if Leonard the party have demurrer upon the evidence we shall  have adjudge upon that evidence that a man can lease land in which he have not  any thing and here the estoppel can not be plead for the defendant have plead  the general issue but if he have plead non to send down then the estoppel  shall have hold place Savil Owen   Inst a cro hob pasch Elizabeth in the  common plead