case the earl OF ken against robert steward and scott Hilary terna car roll if  a be seize in fee of the manor of b and c levy a fine to d of both the manor  upon a purchase make by d of the manor of b only intend the manor of c only as  a security to the purchaser and limit the manor of b to the use of d and his  heir and the manor of c to the use of a until the wife of the say a shall  expel the say d his heir and assign and after such eviction to the use of d  his heir and assign until he shall be satisfy from the profit for the damage  of such eviction this be only a contingent use of the manor of c and therefore  nothing vest in d until such eviction happen roll ab Plowd cro Elizabeth cro  James   light Mod trespass upon a special verdict the case be Francis  babington seize in fee of the manor of Kingston in the county of Nottingham  and of the manor of Asheton in the county of Derby of which manor of Asheton  the place where be parcel by fine Elizabeth convey the say two manor to  Gilbert earl of Shrewsbury and his wife to the use follow videlicet of the  manor of Kingston to the use of they their heir and assign and of the manor of  Asheton to the use of the wife of babington for her life and after to the use  of the heir of Francis babington until Julian wife of Francis babington shall  evict and expel the say earl or countess their heir or assign their farmors  tenant or lessee of or from the manor of Kingston or any parcel thereof and  after such eviction then to the use of the say earl and his wife their heir  and assign until they shall be satisfy with the profit for their loss Francis  babington for money by fine in Hilary term Elizabeth convey the manor of  Asheton to sir Thomas Reisbie and his heir to the use of he his heir and  assign the earl of Shrewsbury and his wife by fine in Trinity term Elizabeth  convey the manor of Kingston to the use of the earl of ken and his wife and  the heir of the earl of ken upon the first of April James sir Thomas Reisbie  devise the manor of Asbeton to sir Francis Wortley and to other for two  thousand year upon the first of may James sir Thomas Reisbie die seize of the  say manor of Asheton upon the first of September James Francis babington die  after his death James Julian the wife of Francis babington evict from the earl  of ken in dower parcel of the manor of Kingston of the value of two hundred  pound per annum and enter the earl of ken enter into the manor of Asheton upon  the defendant be assignee of the say lease who reenter and he bring this  action and whether his entry be lawful be the question and after argument  diverse time it be adjudge for the defendant that the entry of the earl be not  lawful the main question be the limitation of Asheton be to the use of the  wife of babington for life and after to the use of the right heir of croak car  babington until the say wife of Francis babington shall evict the earl of  Shrewsbury and his wife their heir or assign their farmors or tenant of or  from the manor of Kingston or any part thereof whether the earl of ken as  assignee may take the benefit thereof?And in this point all the justice  unanimous resolve that he as assignee may not enter but that the use upon the  eviction ought first to vest in the earl of Shrewsbury and his heir and that  this conveyance before the eviction can give to he title of entry as assignee  for the word heir and assign be to be take as word of limitation videlicet  that the earl of Shrewsbury by his entry shall have it by limitation to he his  heir and assign and it shall not first vest in the assignee as purchaser and  it be not such interest which be assignable over before conviction and the  power of entry be not transfer with the estate of Kingston but whether the  conveyance of the manor of Kingston and the conveyance of the manor of Asheton  by Francis babington before any eviction have destroy the privity of entry  after eviction the estate be transfer to another before the eviction they do  not deliver any opinion nor agree but for the first croak car er p cause they  all agree that the earl of ken have no title of entry as assignee and  therefore for that cause it ought to be adjudge against he vide   chudley case  Plowd nicholson case   Lord Stafford case   Lampets case     Plowd brett case  croak car easter term car in the king bench sir Thomas Richardson Knt chief  justice sir William Jones Knt sir George croak Knt sir Robert Berkley Knt  justice William Noy Esq attorney general sir Richard Sheldon Knt solicitor  general