case smith against trinder et elsewhere queen whether a lease make by a  husband of land purchase by he to the use of himself and his wife and their  heir shall by Henry c be good against the wife after the death of her husband    cro James Com dig Bac Abr Cowp dougl two farm usual let to separate tenant  can be let by one lease to one tenant by Henry c though a great rend be  reserve   a b keb Hardres vern Prec Ch Bac ab Cowp dougl ejectment on a lease  by Elizabeth countess of Berkshire of land in water Eaton upon evidence to the  jury at the bar upon not guilty plead the case be that Francis earl of  Berkshire purchase the land in question to he and his wife and their heir in  Elizabeth afterward in James Francis earl of Berkshire without his wife let  this land to sir Laurence Tanfield late chief baron of the exchequer for  threescore year if they live so long render l yearly rend at the two usual  feast during the term Francis die the question be whether this lease shall  bind the countess by the Henry c because she be not make a party to the  indenture Yelverton Harvey and myself upon the first motion and perusal of the  statute conceive it shall bind the countess for the body of the Act be that  all lease make of land which the husband be seize of in right of his wife of  inheritance or joint with his wife by purchase during the coverture or before  shall be good and effectual and that the wife shall have such remedy for the  rend as he that make the lease but then the proviso be that such lease shall  be make of such land whereof the inheritance be in the wife by indenture in  his and his wife name and that she shall seal and that the reservation shall  be to he and his wife and to the heir of the wife and that clause shall extend  to land of entail of the wife joint by purchase during the coverture for clear  by the body of the Act it be a good lease and not within the proviso because  it be not the croak car sole inheritance of the wife and the proviso extend  only thereto and it be out of the word and intent of the proviso for the  appointment thereby be that the reservation shall be to they and the heir of  the wife which be not intend of a joint estate but the reservation shall be to  both their heir so out of the intent and word of the proviso but Lord Hobart  doubt thereof wherefore it be direct to have it find special upon the evidence  it appear that ancient it be in lease and occupy by two tenant the one pay l  and the other l and so for both l yearly rend only and now they be join in one  lease and l yearly reserve which be more by l ayear than both the lease be  before and whether this be a good lease within the statute c whereupon a  special verdict be find at the bar for both point and afterward it be end by  arbitrament