case lyford versus coward eoden die in court Lord keeper Eq can ab pl S p Ch  can S c whether after forty year possession of a copyhold under a will a  surrender to the use of the will shall not be presume the plaintiff have enjoy  a copyhold for year under a will and have be admit at the next court after the  will make come here to be relieve and to have the defect of a surrender to the  use of the will supply such surrender not be now to be find as also the  defendant have bring a writ of ail in the court baron it be suggest in the  bill that a court baron be not proper by reason of the difficulty for the  trial of such a action for the plaintiff it be say it be a plain equity that  after forty year enjoyment the defect of the surrender shall be supply and  cite the case of Griffith and Lloyd the Lord keeper be clear that the want of  a surrender shall be supply surrender be keep by the Lord and his steward who  be oftentimes change and not so careful as they shall be and therefore a  surrender may be lose without the default or negligence of the party and he be  about to have decree the land to the plaintiff but it be urge by the defendant  counsel that in this case they contest even the will itself as well as the  surrender and as to the enjoyment the defendant be a infant eighteen year of  the forty and they conceive the length of time ought not to be any bar to the  defendant right in this case for that by the stat of limit h in a writ of ail  the plaintiff may declare of seize in his ancestor at any time within fifty  year Vernon chancery case whereupon Lord keeper decree the defendant shall  admit a surrender and direct a issue will or no will but the defendant counsel  insist that the pretend testator be also non compos which as be say ought to  be plead special they desire compos well non may be the second issue at last  it be agree it shall be try in a ejectment where the whole matter may come in  evidence and the plaintiff be not to insist on his long possession Reg lib b  fol it appear that a order be afterward obtain by the plaintiff that if the  trial be not have at or by the time therein mention it shall be take as try  and adjudge against the defendant unless cause no cause be show and no trial  have and the cause come on again on the equity reserve no counsel appear for  the defendant and a decree be make for the plaintiff and a perpetual  injunction award Reg lib b vide also as to presumption of right on long  enjoyment finch v Resbridger post vol in this case be cite the follow case  videlicet bid versus Loveday June car I where lessee have be twentyfive year  in possession and the lessor will have avoid the lease for want of livery this  court presume livery and decree the lessee shall hold out during the  continuance of his lease though after long possession court at law will  presume livery Pencose versus Trelawney Julii car two where in regard the  plaintiff have forty year possession of a piscary the court decree the  defendant to surrender and release their title to the same though the  surrender make by the defendant ancestor be defective and that the plaintiff  shall hold and enjoy against the defendant