bowl plaintiff against poor defendant enter mich James r b rot a writ of error  to reverse a judgement give in the c b Cr in a writ of error for to reverse a  judgement give in the c b in a replevin for the avowant wherein the cause be  brief this a rend be grant unto one and his heir babendum to he for his life  and for the life of other what estate this shall be be the only question Geo  croak for the plaintiff in the writ of error that this be but a estate for his  own life and that the word his heir here be void that his own life in the  judgement of law be great unto he than the life of any other can be and to  this purpose be cite Littleton in his chapter of guaranty foe plan where one  do bind he and his heir to garrauty unto tenant for life the which be not a  guaranty of inheritance but only pur auter vie so the case there be a lease  make of land to one and his heir for the term of another life the lessee die  leave the other for who life the lease be madethe heir of the lessee shall  have the land during the life of the other as a special occupant so if one do  grant a annuity to another to have and to receive the same to he and his heir  for the term of another life if the grantee die after his death his heir shall  have the annuity during the life of the other but this be there leave a quere  on this quere come this principal case now in question that upon the point of  the avowry where the husband and wife avow for rend due before and since the  marriage and in this avowry they both of they join whereas the avowry ought to  have be for that which be due before marriage to the wife as due unto her dumb  sola to be as to Littleton quere in the I case of a annuity the book of e  Fitzherbert title account plan be cite where by hill the heir shall have the  annuity and the arerages incur in the same time and by Wilby the heir shall  have the annuity but not the arerages save only for his own time coke pa foe b  chudleighs case resolve that a estate make to one and his heir during the life  of I S be but a estate for life upon which a remainder may depend by the  commonlaw and diversbooks there put to prove this and Swinnertons case cite in  Elizabeth die foe plan where a rend be grant by fine unto f habendum Himself  assign nest during the life of Cassandra the wife of the grantor and if it be  behind quod bene to be for sale speech will Fitzherbert b eredibus nest  durante vita dictoo Cassandrm distringer f devise this rend unto his wife and  die liVingCassandra this rend be so convey by fine sur grant and render to the  say f the question be what shall become of this rend whether the grantee shall  retain this as a occupant or whether the devisee of f shall have the same  there by the opinion of dyer the deviseeshall have it for that by the clause  of distress f have in this rend a feesimple determinable upon the death of  Cassandra e foe a feoff make to a and b and their heir for the life of a other  the remainder over they in the remainder be receive upon the death of the  particular tenant e foe per share if land be grant to a man and his heir for  the life of I S his wife after his death shall not be endow by the book of h  Br case foe plan Br title forfeiture de to plan if tenant for life make a  feoff to I S and his heir for the life of the feoff this be no forfeiture for  that this be but by way of limitationof the estate e foe land be lease to one  and to his heir for the life of the lessor and for one year after a action of  Bulstrode waste be here well maintainable comment foe I in Walsingliams case  where it be hold that the heir of the lessee although there be a fee  descendable Bulstrode er p shall not have a assize of mortdauncestor upon a  seize nor the wife of the grantee dower and the heir shall be punish in waste  so that in effect the heir be here but as a occupant the principal case here  be a rend grant to one and his heir habendum for his own life and for the life  of other where a estate grant shall be continue by way of occupancy and where  not No occupancy shall be of a rend nor yet of a estate create by the act of  law as appear by e Fitzherbert title to know facias plan if a estate be limit  unto one for his life and for the life of another these word for the life of  another shall be void and the same shall be for his own life for that his own  life be great than the life of any other and more dear unto he and so be the  book of h foe the chief error here in this case assign and insist upon be in  the avowry for rend due to he and his wife whereas it appear that parcel of  the rend in arrear and for which the avowry be make be due unto the wife of  the avowant before the marriage between he and his wife so that the avowry  ought to have be for that parcel of the rend arrear as due unto the wife of  the avowant dumb self sola to be and so the avowry for this cause not good and  the judgement erroneous ought to be reverse Henry Yelverton to the contrary  that the avowry here be well make and the judgement well give and so to be  affirm as to the error here assign in the avowry the same be no error if a  lease be make to I S for his own life and for the life of two other this have  be rule to be a good estate and usual with such a limitation if a rend be  grant unto two joyntenants the rend be behind the one die the survivor shall  now avow in his own name for the whole and yet this rend be behind in the life  of the other Yelv justice if a man take a wife have a rend charge and parcel  of this rend be behind before the marriage who shall have the arrearage of the  rend if the husband shall not William ustice if I grant a rend to you and your  heir for the life of I S your heir shall have this rend and this shall so be  for the avoid and prevent of the gain of a estate by occupancy and so it have  be here rule in this principal case there be a rend behind unto they both to  the avowant and to his wife before their marriage the sure way for to plead  this be to say a retro before dumb self sola to be but here as it be plead in  this avowry the plead and the avowry as it be make by they both be good and  sufficient in law in as much as this whole rend be now due unto they both and  that this be so the same appear unto the court judicial that this rend here  for which the avowry be make be due unto they both and so the judgement not  erroneous but the same be well give and so ought to be affirm croak justice  agree the case of the rend before put by William justice to be so for to  prevent occupancy if a man take a estate for his own life and for the life of  other he shall have the benefit of all the life to grant the same over or to  charge the same but not for to keep the same in his own hand because that his  own life be great by far to he than all the other life be and therefore if a  lease be make to one for the life of I S and this be afterward confirm to he  for his own life this be good to he now for his own life because that his own  life be great but if the lease be make unto he for his own life and afterward  c Dfirmed to he for the life of another this confirmation be mere void and so  if a lease be make to one for the life of I S sans impeachment de waste the  remainder to he for the term of his own life the first estate be the lesser be  now drown in this and make he now present to be punishable in raze and so be  the book of h dyer foe plan and with these agree h foe e foe in fairy dela  idle case cite coke plan foe in the Lord Slaffords case and coke plan foe a in  boss case a lease make to one and to his assign habendum to he during his life  and the life of other he have a estate here of franktenement to continue  during the life and the survivor of they without Bulstrode any drown of the  estate this error assign in the avowry be but matter of form that the avowry  be good the judgement be well give and not erroneous and so the same  notwithstanding the error assign ought for to be affirm Fleming chief justice  a rend grant to one and his heir to have the same to he for his own life and  for the life of three other his own life be great than the life of other and  shall drown the other where the same be so by way of present interest but  where as in this principal case here it be by way of limitation that he shall  have this after his own life for the life of the other also this kind of  limitation be good Bulstrode er p in law shall this rend here in this case go  back again after the death of the first grantee and during the other life  clear it sharl not for there be here one particular limit foe r to take this  and accord he shall have it and his heir in this case be not so to have the  same as heir by descent but as his heir nominati and as by way of limitation  only and not in any other manner he be to have it as heir by force and virtue  of the grant and not as by descent but by way of limitation and that for to  prevent a occupancy if the grant here have be limit to be to the grantee and  to his assign for his own life and for the life of other in such a case his  assignee shall have this after his death during the life of the other person  in the next place as to the avowry here the question be what this rend be at  the time of the distress take for it and the avowry make and how the same come  to be due a distress take for the rend a replevin bring and a avowry make if a  man do marry a wife which have a rend as here in this case it happen if the  wife die before the husband have recover this he can have no remedy for to  recover this after the death of his wife for that this be mere a thing in  action and it be in the same nature as in case of a obli gation which be make  to a woman sole who take a husband and die live the husband he shall not have  this obligation nor any mean now for to recover the mon that due upon the same  for this be a thing in action the benefit of which can be have but as in the  right of his wife the which be now lose by her death here in law and in a  legal construction all be one be the same due before or after marriage h foe  cite to this purpose Flem demand of the council for the plan if they have any  stat law in this case to help they Geo croak make answer that they have not  Flem the commonlaw be then clear against the plaint for the avowry here as it  appear by plead be good and sufficient for that the rend here in question and  for which the avowry be make the same be due either before or else after the  marriage have between they the same be due unto they both at the time of the  distress take and the avowry make for the same and so the avowry be clear good  and well plead and no error in the judgement but the same be well give for the  avowant and so ought to be affirm William justice if a feme sole do owe I  money and take a husband I may very well have my action of debt against they  and count that they owe I so much without say dumb sola to be and yet this be  the proper debt of the wife when she be sole but now by the marriage this be  make also the debt of the husband during the coverture and his be one grub  JoAnsons case here so resolve so here I this principal case the rend be due  unto the wife and in arrear to her dumb sola to be and so the same continue at  the time of the marriage and now by the marriage the same be also make to be  the rend of the husband and the same now by the marriage be due and in arrear  to he as well as to his wife and so the avowry here as it be make by they both  be clear good and the judgement well give for the avowants Yelverton justice  as to the grant of the rend this be a feesimpledeterminable sur lour vie and  if it have be so limit to he and to his assign for his life and for the life  of other his assign here after his death shall have and enjoy the same by  force of this grant and so if the limitation have be to he his heir and assign  for his life and for the life of other if be do not assign this over then  clear his heir shall have and enjoy the same and as to the avowry here make  for this Bulstrode rend in both their name for the same by their marriage be  now due and in arrear to they do the avowry be well make and the judgement not  erroneous but be well give for the avowants and the same judgement ought to be  affirm and so the whole court do clear agree in this that the avowry be well  make be make in both their name that the error assign in the judgement be no  error but the judgement be well give in the c b for the avowants and so by the  whole court nullo to speak against the judgement be affirm for the defendant  in the writ of error Bulstrode er p