beck on the demise OF Hawkins versus Welsh b r tenant in tail mortgage for  year become bankrupt and die without suffer a common recovery the assignee of  a bankrupt shall have the estate clear of the mortgage by the stat James c S  see hankey v Martin lt ejectment verdict for the plaintiff subject to the  opinion of the court upon this short case Thomas Grundy be seize in feetail of  the land in question make mortgage thereof to the defendant for a term of year  without have suffer recovery and afterward become a bankrupt and die before  the bring this ejectment the lessor of the plaintiff be the assignee under the  commission of bankrupt and claim title under the stat James c sec which enact  that the commissioner of bankrupt shall have power by deed enrol to grant and  sell all manor land tenement or hereditament whereof any bankrupt be or shall  be seize of any estate tail in possession reversion or remainder for the  benefit of the creditor of such bankrupt and that such grant and sale shall be  good in law against such bankrupt the issue of their body and against every  person claim any estate right title or interest under such bankrupt and  against every person whatever who such bankrupt by common recovery or  otherwise may cut off or bar from any remainder reversion rend profit title or  possibility into or out of any of the say manor land tenement or hereditament  Wilson king bench this case be twice argue at the bar and two question be make  be it whether if Thomas Grundy have suffer a recovery it will not have let in  this mortgage for year dly whether the statute do not operate as a common  recovery to all intent and purpose as to the first question it be resolve by  the court clear that if tenant in tail make a lease or mortgage for year or  charge the land with any other encumbrance and afterward suffer a common  recovery that shall let in all the encumbrance and the reason be that whatever  act bind the tenant in tail himself shall Wilson king bench er p bind the  recoverors or the person or person to who use the recovery be suffer for he  who recover can say that be against who he recover have but all estate in tail  Poph and the court say this be the law beyond all doubt as to the d question  they hold that the statute of James c S be make for the benefit of creditor  who have no specific lie upon the land of a bankrupt and not for any  particular creditor who rely upon the title they accept of that tenant in tail  without suffer a recovery can only affect the estate for his life and he be  now dead the mortgagee title be at a end and this statute Dever intend to put  the prior encumbrancer on a estatetail in a better case than they will  otherwise have be if the statute have Dever be make it will be very strange to  say that this statute which be most plain make for the general benefit of all  the creditor shall have a effect which be quite contradictory thereto  videlicet to make good a effective title to a particular creditor it be  impossible the legislature can ever intend any such thing so without say any  more though this be a new case yet we be all clear of opinion that judgement  must be for the plaintiff