barn versus freeman Vid Le case alarge devant carter earl sergeant pro to  express grief this lease be make in trust for the marquis and his heir to  attend the inheritance for William Lord marquis of Winchester be seize in fee  of the message in question by indenture date January James convey the same to  John Lord petre and other and their heir to the use of they and their heir who  be so seize make a lease thereof to sir Anthony main for year who enter which  lease be find to be in trust to attend the inheritance I observe the marquis  at the time of the lease make have not any estate in the message not so much  as a trust in the message for it be make by my Lord petres and other that have  absolute estate in feesimple this be a trust in gross a mere chancery trust it  have nothing to do with the commonlaw light sect if a man make a feoff to  other and they will and grant the feoff shall occupy the land at will c see my  Lord coke comment upon it since Littleton write and Julius Winningtons case  Rep I take this difference where he that take this trust in land before the  statute of use there the law do imply the feoff say to the feoff go and enter  but in our case it be a trust in gross and nothing but equity in chancery if  this be so the marquis of Winchester have only a chancery equity to enter and  can enter without assent precedent or subsequent I think he can not enter to  put out main for sir Anthony main be find express to enter when main enter he  be possess and be that will put he out must turn his estate to a right if  lessee for year be so put out of possession and have title of entry he must  enter carter er p or claim within five year before any thing be speak in the  case of maines die and the entry or will there be a fine levy with  proclamation by the marquis of Winchester and no claim make within five year  after carter object this can be no seize he can seize himself this term be not  bind by the fine resp I hold that be all one I will put a case or two if a  lease be make to commence in going to be and the time be come that the lease  may commence after it be come one enter upon the land and make a feoff in fee  and levy a fine if he do not enter his estate be bar because he have a estate  upon which he may enter crok Elizabeth Bruerton and Rainsford I S make a lease  for year to commence after the end of a lease for life or year in be after the  first term expire a stranger enter by tort yet the lessee may grant over his  term but if he have enter and be afterward put out he can grant his term till  he reenter crok Elizabeth Wheeler and Thoroughgood I S make a lease to b to  commence two year after after the two year expire b before any entry may grant  his term though the lessor do continue in possession crok Isham and Morriss  case I take that case to be good law lessee for year assign over his lease in  trust for himself and afterward purchase the inheritance and occupy the land  and then levy a fine with proclamation and five year and nonclaim pass this  fine and nonclaim shall bar the interest of the trustee this be good law  though it have be question he can not have enter without the assent of his own  assignee for he have nothing but a chancery equitable trust now when the  lessor enter he do dispossess the lessee I can say it be a seize but I think  the lessors entry give he occasion to enter again and when the lessor levy a  fine he convey the trust away to the conusee now there be no trust but a bare  naked interest there be a title of entry when he be out he may have enter if  he will so I think the case of Isham be good law as to Saffins case Rep Lord  Bridgman there be a feoff in that case earl to recompense that we have a fine  in our case and entry the reversioner in Saffins case make a feoff there be no  seize all that be it put the tenant out of possession crok James Saffins case  there report in our case the fine be levy of the land it self not of the rend  or service I conceive the marquis may not enter at commonlaw a fine without a  feoff may do that that Saffins case do I pray judgement for the plaintiff  Maynard sergeant pro to ward off puis brief recital deal case ill proceed if a  man be possess of a lease if he be not dispossess of that lease though another  be in possession no fine shall bar if he be not dispossess that be if it be  not turn to a right if it be turn to a right I be bar by the fine and can  assign if it be not I may enter when I will and it can bar I in this case sir  Anthony main nor his executor be real out of possession nor the lease by any  thing put to a right one hour carter what we mean when we say the lease attend  the inheritance be the lessee his executor and administrator be trust for the  owner of the inheritance his heir and assign whoever be entitle to the estate  of the inheritance that person be entitle to the trust and benefit of this  lease and title that he have purchase at commonlaw there be a mutual trust a  trust and use do not differ so much as in intention not in good luck notion if  a man make a feoff in fee to JohnaStiles in trust for JohnaDown and his heir I  think JohnaDown be seize in fee the trust and use be the same in it self have  the statute say all those that be seize and possess c be execute it have carry  trust for year as well as for life trust be proper at this day judge by the  judge though the jurisdiction be in another court to execute and perform they  but how that be leave to the judgement of the law though it must receive its  life in another court for execution it be strong than a express contract for  if I contract with a man to take the profit and I die my executor have it not  because it be at will and it be determine but a trust shall go to the executor  and heir I rely much upon the case of Littleton sect a man feoff other man of  his land upon confidence and to the intent to perform his last will and the  feoff oocupieth the land and the feoff raise all their right to the feoff some  hold it not good because there be no privity carter er p and why no privity  because there be no lease nor contract but it shall be intend by the law that  the feoff ought present to occupy the land at the will of big feoff and so  there be a kind of privity the second reason be rather illustration than  reason h title challenge use be very common thing in Henry the three four five  and six time and in Edward the four time there be a privity of trust and  confidence I observe upon this book of Littleton there be a privity not only  allow by the law but such as the law give and the commonlaw too it be a kind  of estate in cesti and trust this run along with the trust by the commonlaw  that the feoff and big heir shall have it the feoff and his heir I e the  estate in feesimple all one with our case to attend the inheritance whether it  be a trust for year it have the same operation it be the confidence make the  privity not because it be this or that estate that trust confidence and use be  in the judgement of the judge of the commonlaw we be in a proper judicature  the consequence of that which I say be this the occupation by cesti and trust  be no wrong seize it can be because here be no man can be seize the ousting of  a lessee for year have the same effect quoad lessee for year as the ousting of  a freeholder quoad the freehold here be no wrong if I trust and he enter and  take the profit its no wrong to I no more than if I put a bailiff in he be a  bailiff to my use and cesti and trust be no more in Littleton case will it be  a question if it be a seize No the question arise because it be no seize for a  release make to one in that case be good if there be no wrong do to a carter  man he can be oust of big possession and if not out of possession he may grant  and where there be a seize as of rend c this be a wrong to I at I election  from this case of Littleton it do follow that remove the estate from one band  to another to which the lease be trust it go from one band to another you can  never put I a case wherever a thing that passes mere by grant as reversion  rend commons work a wrong it can be put my lord marquis when he be seize of  the inheritance the lease wait upon the inheritance big entry be no wrong to  he that have the lease and his assignment to darcy and freeman they purchase  the trust as well as the lease to wait upon the estate it can be a ouster of  the lessee for year unless it be a ouster of the marquis so long as tenant for  year be in possession he can turn he out in reversion when the marquis have  the possession and profit by the trust and the reversion in fee when he come  to make the lease for year his grant can do no wrong privity do prevent wrong  as if a man die his old son beyond sea the young may enter the lessor may turn  his lessee out of possession no doubt but where there be no wrong do its no  tort here be a entry find but no seize nor ouster find in any body crok James  Brookbank versus tailor there may be a entry and yet no expulsion and so no  seize all the lease be void at the make of they when be make a lease to main  for a year then if after be make for a lesser term then there be a rule in the  commentary the second lease be void in point of interest but good in point of  estoppel a man make a lease by indenture and be that make the lease have  nothing at the time of the make and after purchase he be no soon a purchaser  but the other be a lessee crok James p Powsely and Blackman its hard a  bargainer in some case shall be a seize against his own intent and the intent  of the bargainee crok car blunden and Baughs case the law in that case will  not construe it to be a seize birth against the will lessee at will make a  lease for year lessee enter during the possession of this lessee a fine and  recovery be suffer if it be a seize neither a fine nor recovery be good he  hold by agreement whoever hold by my agreement be my tenant at will and I have  the estate another reason there be no necessity at all to make this  construction that it must be a wrong for the fine have a full operation upon  the reversion you will not say the lessee do seize the marquis when they enter  this fine work upon the reversion and not upon the possession of main the  contract give a power to take the profit and the entry accord to the contract  make no ouster and the fine make none I must deny the case of morris and Isham  to be law hill car scacc Vaughan case much to our case but never judge carter  er p object this be a trust in gross resp I deny it no more than all trust be  in gross these trust be collateral to the estate James Lord marquis be seize  and convey it to Lord petre and other two year after they make the lease for  year next day the lessee enter next day after they convey the estate that  lease must wait upon the inheritance so it be their design purposely to annex  it to the estate the marquis be to have the law be the same for use for year  as it be when Littleton write carter object the marquis can not enter resp I  deny it as the trust command the estate in point of profit so the estate  command the trust if he will the case of lease in going to be be not  applicable to this case take it as conveyance and settlement be make at this  day I pray judgement pro to ward off Ceo case to be argue puis less tres  justice videlicet archer brown Tirrell Bridgman cap just esteant remove en Le  chancery estre signior keeper sueront pro to express grief Tirrell deliver  opinion deal court jeo to be inform and ils on it lopinion deal dit signior  keeper send jeo ne to be present en court Jeo ad oye and lour opinion to be  and Ceo fine levy fait seize displace Le lease pur handle all un law and Le  dit lease to be bar per fine nonclaim