ccxxxi SLYWRIGHT and page case SC Goldsb see Kennedy v Lyell Q b d maintenance  a information be in the common plea by John Slywright against page upon the  statute of h of Maintentance and declare that the defendant take a lease of  one Joan wade of certain land whereas the say Joan be not seize nor possess  thereof accord to the statute and upon not guilty the jury find this special  matter that Edmund wade be seize and make a feoff in fee thereof unto the use  of himself and of the say Joan who he then intend to marry and the heir of the  say Edmund the marriage take effect Edmund feoff a stranger who enter Edmund  die Joan not have have possession of the say land after the death of Edward  her husband nor be now in possession by indenture demise the say land Leonard  er p to the defendant for year without any entry or delivery of the indenture  upon the land the say defendant know the say Joan never have be in possession  of the say land and also the defendant be brother of the half blood of the say  Joan the first question be if the lease be make by one out of possession and  not seal or deliver upon the land and so not good in law as to pass any  interest be within the statute aforesaid and the whole court be clear of  opinion that it be for by colour of this pretend lease such may be undertake  advance to the trouble disquiet of the possession for among the vulgar people  it be a lease it be a lease by reputation another matter be move because that  the entry of the wife be now make lawful by h and then she may well dispose of  the land Leonard but as to that it be say by the whole court that the meaning  of the statute be to repress the practice of many that when they think they  have title or right unto any land they for the furtherance of their pretend  right convey their interest in some part thereof to great person and with  their countenance do oppress the possessor and although here the lease be make  by the say Joan to her brother of the half blood yet by the clear opinion of  the court the lease be within the danger of the statute and yet in some case  the son may maintain his father the kinsman his kinsman and note in this case  it be hold by the justice that of necessity it ought to be find by verdict  that the defendant know that the lessor never have be in possession and  judgement be give for the plaintiff more and gold mich Elizabeth in the common  plead