case FARCHILD against GAYRE Hilary term James roll a donative church be sole  under the visitation of the founder to who the incumbent may resign the  freehold but if the patron once present and institution and induction ensue it  be for ever after a presentative post Yelv more   light roll Abr ld ray Mod  will to Rep to Rep if there be two patron of a donative a resignation to one  with the consent of the other be good post Yelv   light a resignation of a  donative in the word of the donation as of his church extend to all the  possession of it Yelv in a special verdict incident and necessary circumstance  shall be intend post   hob   cro car Com dig Cowp term Rep term Rep trespass  upon a special verdict the case be the defendant be incumbent of the rectory  of Bellu be a donative and Calmady and one Richard Gayre have the donation  thereof make a instrument whereby he to go away et to unseal to Calmady et  omnibus ad quos in here part to stretch out ad acceptand church svan de Bellu  predict and thereupon the two patron give it to the plaintiff who be disturb  by the defendant who suppose this resignation to be void bring trespass and it  be move whether the resignation of a donative church can be to the donor or  how it may be depart with?And all the court hold that this be a donative begin  only by the foundation and erection of the donor and he have the sole  visitation and correction a and the ordinary nothing to do therewith and as he  come in by he so he may restore it to he for unumquodque eoden modus quo bind  together be to take apart and although the presentee when he be in have the  freehold yet he may revest it by his resignation without any other ceremony  and the ordinary have nothing to do therein for admission and institution be  not requisite in case of a donative but if to such a donative the patron  present to the ordinary and suffer a admission and institution thereupon he  thereby have make it always presentable wherefore the resignation here be good  enough and determine his incumbency a in easter term James the plaintiff bring  a writ of error upon this judgement in the king bench and the case be argue  several time in the Trinity and Michaelmas term follow and at length by the  unanimous opinion of all the judge the first judgement be reverse SC more but  in Trinity term James a ejectment be bring on a demise by Leonard love the son  of William love against the daughter of Thomas love and after frequent  argument upon a special verdict it be in easter term James conclude that  judgement shall be give against the plaintiff because the entry of the say  Leonard love be not lawful SC   a a t Jones will b r h burr Cowp croak James  er p second it be move whether this resignation to one of the founder only be  good?And resolve that it be for it enures to both as a surrender shall do  especial when they both consent thereto and grant it de to make new as here  they do three it be move by Doderidge that this resignation be de church and  here the action be bring for the land which pass not by such resignation as if  lessee of a manor will surrender the scite of the manor or capitalhouse the  residue of the manor passes not but all the court hold that the resignation  extend to all the possession for as the donation to the church extend croak  throw to invest he with all the possession so the resignation thereof extend  to all the possession of the church and although it be object that it be not  here find that the donor accept of the resignation and so there be not any  resignation found the court hold that it be in a special verdict all necessary  circumstance shall be intend but because the verdict conclude upon a precise  point that if the resignation be good then they find for the plaintiff c the  court shall not doubt of more than the jury doubt wherefore it be adjudge for  the plaintiff see Geo c S