case brown against foster Michaelmas term pound Elizabeth roll if a surrender  he make to the use of another without express what estate he shall have a  custom that the lord may grant it in fee to he to who use the surrender be  make be a good customi but it must he plead that he have use to do it Kitch    Cop pop cro James cro car   b replevin the defendant avow for damagefeasant  the plaintiff make title as copyholder and show that within the manor of a  time whereof c ankle hahebatur et hahetur consueludo that any copyholder of  the manor may surrender in any place within the manor into the hand of two of  the copyhold tenant c and that there be another custom that if any surrender  to the use of another without express any estate that the lord may croak  Elizabeth grant it in fee to he to who use the surrender be make and the  plaintiff by copy grant in this manor make his claim the defendant thereupon  demurrer but note that the defendant in his avowry claim by copy grant by the  steward of the mano r but he do not express the steward name Williams for the  defendant move first that the first custom be not well plead for it be plead  by usage and custom but he do not plead that ever it be put in ure in that  mano which ought to be allege Edward pl and Edward and so it be hold in this  court in sir William hatton case where it be plead qubd ankle hahebatur custom  within a manor quod to be for sale seneschallo to impose a fine c and the  second custom be unreasonable and void for it be to limit and charge the land  with a great estate than the copyholder give which be unreasonable the lord be  but the person and mean of convey it c Yelverton contra first the avowry be  ill because he claim by copy grant by the steward and he do not show his name  which be issuable and as to the custom it be good and reasonable when a  copyholder surrender and show not any estate that the lord may grant it in fee  to he to who the surrender be make for he be a chancellor in his own court to  dispose thereof when the tenant leaves it uncertain and therefore it be rule  here Lippingwell v bunting that vhere a copyholder bargain and sell his  copyhold but he show not what estate and surrender it to the use of the  bargainee and the lord grant it to the bargainee in fee it be good and the  bargainee shall retain it in fee and of that opinion be the whole court in  this case that this custom be good and Allowable be use so as when the tenant  do not appoint the estate of Apelles that and use that the lord may the  interest of the land be betwixt the lord and the copyholder it be not  unreasonable that upon such a incertainty the lord shall ascertain it but for  the plea they hold that the first custom be not well plead for it be not  sufficient to allege a custom that one may do such a act but that he use to do  it as to allege dimisibile et surrender c they also all agree that the not  name of the steward make the avowry to he ill and then they hold that the  avowry be ill although the bar to the avowry be ill yet he can have return  whereupon the party agree to plead de to make new and so the matter in law be  not resolve