coke Report121a bustard case pasch James a levy a fine of the moiety of a  manor of which he and his wife be seize to they and the heir of his body the  conusee feoff b who feoff c c exchange by deed indent with d for certain land  of which d be seize in fee c demise the land so take in exchange from d a die  and his wife enter a roll Rep   light a d by as to a avowry for rend where the  reversion descend at commonlaw to two parceners stedman v bear salk osmer v  sheaf Lutw Vid vin Cond I g d king d vin devise p c parceners Q ill W rend X  but if partition be make by writ the rend may be apportion and so may the  distress vin exting e h S p imply stedman v page Mod so of a condition per  periam I knight case more S p as to a warranty morris case Rep b ewer v moil  cro Elizabeth Lord coke be aware that the law be as above observe in re ard to  parceners who make but one heir as he observe   light b a and the descent be  entire to all of they read v Royston salk stedman v bear salk therefore both  here and in   Litt a he with caution put his case of a descent to the heir at  commonlaw and the heir in borough English and so in the case put by he the  reversion be sever and distinct moieties videlicet the one share descend to  the old and the other to young son but with Rushdens case dyer b pl Appowel v  Monnoux more that a rend or condition may be divide by descent of the  reversion S by the custom the reason whereof be express in   light a parceners  tom be not one heir but separate haeredes and they be parceners in respect of  the custom of the fee and not of their person as daughter and sister c b but  in case of parceners at commonlaw the descent be entire to all of they as one  heir salk pl jenk pl note in serjeant hill copy b roll Rep more c die pl    light a cro Elizabeth e contra Thornhill v king cro Elizabeth send for Com dig  land f d before a roll Yelv Doct pl Nov Brownl cro Elizabeth more Leon coke  report a er p hold that the exchange be defeat and that d may enter into the  land give by he in exchange to c and resolve in every exchange lawful make the  word excambium imply in itself a condition and also a warranty the one to give  reentry and the other voucher and recompense but it be a special warranty for  upon the voucher by force thereof he shall not recover in value any other land  but that only which be give in exchange and this warranty run only in privity  for none shall vouch by force thereof but the party to the exchange or their  heir and no assignee shall but the assignee shall rebut by force thereof  though the exchange be without deed when the whole estate in part of the land  be evict the whole exchange be defeat and when a estate of freehold in the  whole or in part of the land give in exchange be evict the whole exchange may  be defeat in a exchange the condition imply be entire and extend to all the  land but the warranty may several extend to part if a who have the reversion  in fee of a acre expectant upon a estate for life exchange with b by deed  indent and give the acre by name of a acre of land and not by the name of the  reversion in exchange for another acre the warranty and condition extend only  to the reversion and not to the freehold which be in the tenant for life  tenant for life be in possession be notice of his estate to a purchaser notice  at the time of the exchange to the party evict of the title paramount be not  material SC cro Elizabeth Yelv more mich Elizabeth in the king bench in  trespass between bustard plaintiff and bolter defendant the case be such  jasper dorm and Justine his wife be seize of the moiety of the manor of ilbury  to they and to the heir of the body of jasper jasper levy a fine thereof to  one Gregory who suffer a common recovery in which jasper be only vouch and he  vouch over the common vouchee and it be to the use of Gregory and his heir who  thereof feoff bustard who thereof feoff savage and Darston in fee and  afterward a exchange a be make by deed indent between savage and Darston of  the one part and bustard who be seize in fee of the four part of the manor of  Barton in the county of Oxford by which exchange bustard give the say savage  and Darston and their heir the say four part of the manor of Barton in  exchange for the moiety of the manor of ilbury which moiety savage and Darston  give to bustard and his heir in exchange for the say four part of the manor of  Barton which exchange be execute on both party savage and Darston demise the  four part of the manor of Barton to the defendant for year jasper die Justine  his wife enter into the manor of ilbury upon which bustard enter into the four  part of the manor of Barton the defendant reenter and bustard bring a action  of trespass and after many argument at the bar and bench in diverse several  term it be adjudge for the plaintiff and in this case four point be resolve er  totan curian that in every exchange lawful make this word a excambium imply  itself tacit a condition and also a warranty the one to give reentry and the  other voucher and recompense and all in respect of the reciprocal  consideration the one land be give in exchange for the other but b it be a  special warrantry for upon the voucher by force of it a the word exchange be  necessary in exchange of land anon salk provost of Eton v bishop of Winchester  will   light b touch vin ab exchange a h black Com there can be a exchange at  commonlaw between more than two party so if a give land to b and b give land  to c and c give land to a if c be evict he can enter upon a provost of Eton v  bishop f Winchester will SC black Rep it be observe by Lord Hardwicke in  Coventry v Coventry atk that in exchange it be not clear on a alienation by  one party and eviction whether the heir or the alienee shall enter a   light b  b Perk sect e b roll   light a f n b b Perk sect h a b e b b   light a b  Wilson to coke report b er p he shall not recover other land in value but that  only which coke Report121b be by he give in exchange for inasmuch as the  mutual consideration be the cause of the warranty it shall therefore extend  only to land reciprocal give and not to other land and this warranty run only  in privity for none shall c vouch by force of it but the party to the exchange  or their heir and no assignee but the assignee shall d rebut by force of it  although the exchange be without deed as appear e formedon e who in vita t the  same law in case of partition and as it be in case of warranty so it be in  case of a condition which the law imply upon the exchange and therefore if a  exchange with b and b alien to c who be evict by title paramount c shall not  enter upon the other for as the warrantry run in privity to the party to the  exchange and their heir so also the condition in law run also in privity and  do not extend to the assignee and so none e shall have contra form feoffamenti  but the feoff or his heir but the assignee may rebut vide f n b c h b h a h f  but in the same case if a who do not alien be evict he shall reenter into the  land which he give in exchange although b have alien it over it be resolve if  a give in exchange three acre to b for other three acre and afterward one acre  be evict from b in that case the whole exchange be defeat and r may enter into  all his land for although the exchange have be good if a have give but two  acre or but one acre or less yet forasmuch as all the three acre be give in  exchange for the other and the condition which be imply in the exchange be  entire upon the eviction of one acre the condition in law be break and  therefore entry give into the whole for it be the office of the condition to  defeat the whole and not any parcel unless the be especial restrain to one  part only as it be not in this case and therefore there be not any difference  between a thing entire as a manor and thing several give in exchange the same  law of a partition as it be also agree in e and ass the earl of Pembroke case  where the principal ease of the partition be good law but the opinion of  Cavendish there that be to say that although a estate for life or in tail be  evict against one coparceners that yet the partition shall remain in force t  be not law as it be resolve by the court in this very case vide Littleton cap  parceners b but in the say case of the exchange if one be implead for one acre  and he vouch the other and the demandant recover in that case the tenant shall  recover in value but only accord to the loss for although the condition be  entire and extend to all vet the warranty upon the exchange may several extend  coke Report122a to part and there be great difference between warranty in law  upon exchange and warranty in law upon partition as to the recovery in value  for in case of exchange he who vouch shall recover in value accord to the  value which he lose but so it be not in the case of partition for if a man be  seize of six acre in fee every one of equal annual value and die have issue  two daughter and upon partition each have three acre and afterward one sister  be implead for one acre by one who have title paramount and pray in aid of her  coparceners she shall not recover a acre but half a acre so that each of they  shall have a equal part for inasmuch as both claim by descent which be a act  in law and by the law each of they ought to have a equal part of the  inheritance of her ancestor for this cause she shall recover in value but the  moiety which she lose so that the loss shall be equal so if a man be seize in  fee or in tail of three acre each of equal yearly value and die the heir endow  the wife of the three acre and afterward the wife be implead by one who have  title paramount and she vouch the heir now she shall not recover in value  accord to that which she lose but the three part of the two acre which remain  for by the law she ought to have in dower the three part and now upon the  matter she be to have in dower but the three part of the two acre as appear by  the c   light b a f n b b d   light b t   light b a a b e   a b Inst f Perk  sect e Edward Br exchange   light a b coke report b er p book in e vouch where  the principal case be Robert de parish great grandfather Stephen de parish  grandfather Robert de parish father and Robert de parish the son Robert the  great grandfather have to wife Maud seize of certain land in fee give it to  Stephen and the heir of his body who die Robert the son of Stephen endow  Margery the wife of Stephen of the three part of the whole and afterward  Robert the great grandfather die and Robert the father die Maud late the wife  of the great grandfather bring a writ of dower against Margery wife of Stephen  and she vouch Robert the son of Robert who have the reversion and there the  question be of how much Margery shall have in value and by some she shall only  have dower have regard to the two part which remain because the dower which  Maud the wife of the great grandfather demand be high and elder than the dower  of Margery the wife of the grandfather and notwithstanding the great  grandfather survive Stephen and the wife of Stephen in the life of Robert the  great grandfather be lawful endow at which time Maud can demand nothing yet  when her husband die her title of dower be more worthy and some hold the  contrary see that the wife shall recover in value accord to her loss and a  difference be take between dower of the wife of a heir and of the wife of a  purchaser for if there be grandfather father and son and the grandfather die  and afterward the father die and the son endow the wife of the father against  who the wife of the grandfather bring dower coke Report122b she shall not  recover over in value because the dower of the wife of the grandfather toll in  law the descent as to the freehold and she shall be in of the estate of her  husband and per subsequent after the death of the wife of the grandfather the  wife of the father shall not be endow of the part assign to the grandmother  for her dower for now in judgement of law the father have but a reversion of  that part expectant upon a estate for life et therefore do de dote to strive  for non debet but in that case the great grandfather make a gift in tail to  Stephen so that Maud demand dower against Margery who be the wife of a  purchaser and although Maud recover dower against Margery yet if Margery  survive her she shall reenter for dower toll the estate which by law descend  but not the estate acquire and gain by purchase and so it be adjudge and there  Margery recover general to the value which she lose b so in case of exchange  each party be a several purchaser and each warrant the whole to the other and  therefore be shall recover to the value which he lose it be resolve that as  when the whole estate in part be evict the whole exchange be defeat so in the  principal case when the estate of freehold for the life of Justine which be  but parcel of the estate be evict in all the land or in part by that the whole  exchange may be defeat by force of the condition in law for although a  reversion expectant upon ail estate for life may be give in exchange for land  in possession yet when savage and Darston in the principal case be seize of  the moiety of the say manor of ilbury in their demesne as of fee and give it  in possession to bustard in exchange ut above when Justine enter and evict a  estate for life bustard may enter into the whole land which he give in  exchange for the whole estate which be give to he be the consideration that he  depart with his land and therefore when a estate of freehold be evict from he  by entry or otherwise he may by force of the condition in law enter into the  land give by he c so if he in reversion in fee seize his lessee for life and  give this land in exchange to another for other land and afterward the lessee  for life enter now may the other enter into his land b a give in tail to b his  old son who die the wife of b be endow of the three part of the whole a die  his wife bring dower against the wife of b she vouch the heir of her husband  by reason of the reversion and adjudge that he shall warrant but quaere if she  shall recover in value the three part of the whole or only the three part of  two part it seem only the three part of two part by reason of the eviction  therefore quaere if in this case the seize of b be notfully avoid suppose that  the wife of a have first recover during her life the wife of b can demand  dower except of the two part which be in the hand of the heir hale ms hargrave  note   Litt a c but the right of entry by reason of the warranty annex to  exchange can be devise attorneygeneral v vigour Ves coke report b er p because  the whole exchange be defeat but if a who have the reversion in fee of a acre  of land expectant upon a estate for life make a exchange with b by deed indent  and give this acre by the name of a acre of land and not by the name of the  reversion in exchange for another acre in this case although b expect to have  the acre so give he in possession yet in this case forasmuch as nothing pass  by the gift of the acre of land but the reversion the warranty or the  condition can by the law extend to more than pass by force of the exchange for  they be incident and annex to the estate which be give and can extend to the  freehold which be in the lessee and if the law shall be otherwise great coke  Report123a mischief will ensue for if exchange be make of diverse manor and  peradventure diverse parcel of they be in lease for life in this case if the  exchange shall be void because it be make as of a manor in possession it will  avoid all such exchange which will be mischievous and there can be no mischief  on the other part for when the tenant for life be in possession of the land it  shall be account the laches and folly of the purchaser if he do not know it  either by survey or other intelligence d but in the principal case by the fine  and recovery and other estate make the estate which Justine have be divest and  she have but a right so that savage and Darston who give it in exchange have a  estate in feesimple in possession to which the warranty and condition in law  upon the exchange be annex it be resolve that although bustard have notice of  the right of Justine at the time of the exchange yet it be not material but  that afterward by her entry the exchange shall be defeat for peradventure it  be one of the cause that he will not purchase ebury absolute but by way of  exchange so that upon eviction he shall have his own land again and coke the  attorneygeneral and Tanfield and Darston be of counsel with the defendant and  Godfrey Yelverton and other with the plaintiff