case barker against keate see Hadfields case lr c p in re Hawkins Q b if a  conveyance be make though without any pecuniary consideration by the word  demise and grant with the reservation of a peppercorn for the purpose of  receive a release of the inheritance the consideration of a peppercorn be good  to raise a use in the grantee and make the land pass by way of bargain and  sale S C Mod S C Freem ante roll Abr cro car cro James carter   hob fitzg l  Mod Mod sander on use and trust modern er p ejectment of land in castle acre  in the county of Norfolk the defendant plead not guilty and the issue be find  as to part and for the residue there be a special verdict that Edmund Hudson  be seize to he and the heir male of his body the remainder to William Hudson  his brother and the heir male of his body that Edmund Hudson by indenture  betwixt himself and Thomas peep demise to Thomas peep from the Fe saint of  saint Michael then last pass for six month render a peppercorn rend and that  afterward by another indenture between himself on the one part and Thomas peep  and Edward Bromley on the other part recite the say lease be bargain and sell  the reversion to Thomas peep his heir and assign to the intent to make he  tenant to the praecipe in order to the suffer of a common recovery in which  Edmund Bromley be to be the recoveror and himself the say Edward Hudson the  vouchee and that this recovery be to be to the use of Edmund Hudson and his  heir c and the jury make a special conclusion videlicet that if the court  shall adjudge that modern in this recovery there be a good tenant to the  praecipe then they find for the plaintiff otherwise for the defendant Waller  sergeant argue that there be no good tenant to he praecipe for that Thomas  peep never be in possession by virtue of the lease for six month No entry be  find nor no consideration to raise a use all the consideration mention be the  reservation of a peppercorn which be not sufficient for it be to be pay out of  the profit of the land he compare it to Colyers case a   cro Elizabeth a where  a sum in gross appoint to be pay by the devisee give he a estate in feesimple  but a sum to be pay out of the profit of the land not he cite Lord Pagetts  case b roll Abr more Leon andr   jenk b and the case of the abbot of bury v  bokenham c dyer page pl c beside the consideration in our case be a thing of  no value be but a single peppercorn if a infant make a lease for year render  rend the lease be but voidable but if a infant make a lease for year render a  rise or a peppercorn or any suchlike trifle the lease be void and he cite  Fitzberbert title entry congeable north chief justice when a tenant for life  or year assign his estate there needs no consideration in such case the tenure  and attendance and the be subject to the ancient forfeiture and the payment of  rend if there be any be sufficient to vest the use in the assignee but  otherwise in case of a feesimple when a man be seize in fee and make a lease  for year unless he give possession and the lessee enter he must raise a use  but in our case the reservation seem not sufficient to raise a use for a use  must be raise and the land unite to it before a rend can result out of it  Wyndham justice it be in the case of a common recovery we must support it if  it be possible in the case of sutton hospital   a it be say that the  reservation of twelvepence rend be a sufficient consideration to vest a use in  the hospital and a rend of twelvepence be as inconsiderable a matter in  consideration of a great estate as a peppercorn in our case the case in dyer  of the abbot of bury v bokenham that have be cite be make a queer in the book  I think the reservation of a rend will have chamyed a use at the commonlaw and  will raise a use at this day if a feoff to a use have make a feoff in fee  render rend the feoff I conceive will have be to the use of the second feoff  and the first use destroy the other two justice deliver no opinion modern at  another day the cause be move again north chief justice say he have look upon  the precedent quote out of the case of sutton hospital and that there the  reservation of a rend be mention in the deed as a consideration to raise a use  which he say will perchance make a difference betwixt that case and this but  the court will advice further a in the Michaelmas term follow the unanimous  opinion of the whole court be that the word grant be sufficient to pass the  land by way of use that the reservation of a peppercorn be a sufficient  consideration to raise a use to support a common recovery and that the lease  be within the Henry c there be no necessity for a actual entry to make the  lessee capable of a release for be in possession by the statute it shall be  construe a actual possession and so a good tenant to the praecipe and  judgement be give accord S C Mod see also Mod sander on use and trust and the  Geo c a modern er p