case Harrison against austin Trinity term James roll if a man in consideration  of marriage give grant and confirm land to a to the use of himself for life  and after his decease to the use of the say a in tail special this amount to a  covenant to stand seize S c comb SC Carth Inst vent hob Mod Mod Mod Mod fitzg  comens vern stram ld ray ld ray Com dig show term Rep a settlement be make as  follow if I have no issue and in case I die without issue of my body lawful  beget then I give grant and confirm my land c to my kinswoman Sarah Stokes to  have and to hold the same to the use of myself for life and after my decease  to the use of the say Sarah and the heir of her body to be beget with  remainder over c modern er p the question be whether this amount to a covenant  to stand seize so as to raise a use to Sarah without transmutation of the  possession the objection against it be that use be create chief by the  intention of the party and that by these word grant and confirm the feoff do  intend the land shall pass at commonlaw so that it can not be a covenant to  stand seize it be like the case where a letter of attorney be in the deed or a  covenant to make livery there nothing shall pass by way of use but the  possession accord to the course of the commonlaw side more dyer roll Abr winch  Plowd a and therefore there be neither livery and seize nor attornment no use  will pass to Sarah it can be a bargain and sale for that be only where a  recompense be on each side to make the contract good beside the deed be not  enrol to this it be answer that it shall be construe to be a covenant to stand  seize though the formal word be want to make it so and for that purpose it be  compare to fox case   hob a who be seize in fee demise his land to c for life  remainder over for life reserve a rend and afterward by indenture in  consideration of money do demise grant and set the same land to d for  ninetynine year reserve a rend and the lessee for life do not attorn in which  case there be not one word of any use or any attornment to make it pass by  grant and the question be whether this lease for year shall amount to a  bargain and sale so that the reversion together with the rend shall pass to  the lessee without attornment and it be hold that by construction of law it do  amount to a bargain and sale for the word import as much and in this case it  be adjudge that it be a covenant to stand seize see Rigden v vallier vezey do  v Simpson will b