case Bellingham against Alsop easter term James roll if a bargainee before  enrolment make a grant of the land to another and afterward the first deed of  bargain and sale be enrol within the six mouth it be good post hob vent say  vide contra Inst     light b Leon cro car Com dig will sheep touch dougl if  one jointtenant bargain and sell the land and before enrolment the other die  his part shall survive   light cro car Bulst vern Prec in Ch vern Bac Abr  misrecital cro car ejectment upon a special verdict the case be Thomas  Fitzherbert be seize in fee of land by indenture date February Elizabeth in  consideration of money bargain and sell to week and hunt in fee who by  indenture date February Elizabeth recite whereas Thomas Fitzherbert by  indenture enrol February Elizabeth have sell to they all such land they in  consideration of such a sum of money bargain and sell to the say Thomas  Fitzherbert and his heir all their estate which they have by the say indenture  enrol of in and to the say land to have and to hold the say land to he and his  heir afterward in march Elizabeth the first indenture be enrol and afterward  August Elizabeth the second indenture be enrol and under this second indenture  the plaintiff claim the question be whether this second indenture have well  convey the land and it be argue at the bar and bench Daniel and Kingsmil hold  for the plaintiff that this land be well convey for when the first indenture  be enrol it be betwixt privy shall have relation to the ensealing and delivery  of the deed and by the judgement of the Act of parliament a the land be in the  first vendees ab beginning to bargain sell and dispose thereof and the word in  the second indenture be apt enough to pass the land and although the a Henry c  croak James er p first indenture be not enrol at the time of the second  indenture make yet the recite thereof to be enrol be not material but Anderson  and Warberton e contra for it be against the rule of the commonlaw to pass  that which a man have not and until the word of the statute Henry c be perform  croak throw videlicet that the deed be enrol they have nothing at all and  therefore can pass it as Edward two jointtenants the one bargain and sell all  the land by indenture the other die so as he have all by survivor the deed be  after enrol yet the moiety only shall pass for nothing shall pass but that  which he have at the time of the sale and here b this indenture he pass  nothing but that which he have by the indenture enrol and he have nothing by  any such indenture enrol therefore nothing pass for the grant be general and  refer only to such land which he have by indenture enrol he not have any thing  c nothing pass and they hold that until the deed be enrol the estate and  freehold be in the bargainor and nothing pass from he Walmsley agree that the  land do not pass by reason of the misrecital of the say deed to be enrol where  there be not any such but otherwise he hold the land will well have pass for  he conceive the land to be in the bargainee ab beginning after the enrolment  wherefore it be adjudge for the defendant