coke Report52a RAWLYNS case mich Elizabeth in the king bench see Edward v  Hickman lr Eq c be possess of a house for year of all in possession except a  stable whereof or be possess for two year assign all his interest to r and  afterward by deed indent demise the stable to W for six year after the end of  the two year and afterward r redemises to a by deed indent all the house for  year in consideration of reserve a rend Payable quarterly and l quarterly  until the say shall be pay with a condition of reentry in case the say sum of  or the say rend be in arrear and upon the indenture of redemise be endorse a  agreement that W shall have the stable accord to the demise to he make  afterward a demise the stable to r for year r never enter into the stable but  W always continue in possession of it and W never attorned afterward the  condition be break and hold upon special verdict that r may well enter resolve  that the special verdict may be amend by the note three term after the entry  that the condition be entire and therefore the suspension of part be the  suspension of the whole that if lessor make a lease reserve rend and afterward  accept a demise of part of the premise so demise by he such demise confer a  present interest the rend be suspend and that although the lessor do not enter  the lease of a to W for six year by indenture be good by conclusion also r be  conclude by the redemise to he of the stable by c but the lease to r take  effect as a future interest and therefore do not suspend the condition  otherwise if there have be a attornment a estoppel be find by verdict the  court ought to judge upon the special matter accord to law lessee for year  lease for two year and grant his interest to another this without attornment  be the grant of a future interest with attornment it be the grant of the  reversion if lessee for year lease part for two year and afterward the whole  to another for year render rend so that this enures as a lease in reversion  for the part in lease and a lease in possession for the residue the rend shall  issue out of the whole if a infant plaintiff be admit by guardian and no  record thereof make but only recite in the count it be not error if a man  accept a lease for year by deed indent of his own land the estoppel end with  the lease and then both part of the indenture belong to the lessor Leon gold  jenk S c between Rawlyns and Somerford the case in effect as it be find upon  special verdict upon not guilty plead in ejection strong for a house call the  ship without templebar be such Peter Cartwright be possess of the say house  for year of all in possession except a stable whereof one Marlow be possess  for two year assign all his interest to Rawlyns and afterward Cartwright by  deed indent demise the say stable to Warlow for six year after the say two  year end and afterward Rawlyns by deed indent in consideration of fine to be  pay redemised all the house to Cartwright for year render to he per annum  quarterly and quarterly at the same feast until the say be pay upon condition  that if the say sum of or the say rend be arrear at any feast c that then it  shall be lawful for Rawlyns to reenter and upon the back of the say indenture  of redemise be endorse in this manner memorand it be agree between the party  before the seal and delivery hereof that Marlow shall have the say stable  accord to the say demise to he make and afterward and before any day of  payment Cartwright redemised the say stable which then be in possession of  Warlow by force or colour of the lease for six year make to Warlow coke report  b er p to the say Rawlyns for ten year and afterward the rend be arrear and  lawful demand and also the parcel of the sum in gross be also not pay and  Rawlyns never enter into the stable but Warlow always continue in possession  of it and Warlow never attorned to any of the lessee and if the entry of  Rawlyns for the condition break be lawful or not be the question and after  many argument at the bar and bench now in this term it be adjudge that the  entry of Rawlyns for the condition coke Report52b break be lawful and in this  case seven point be unanimous resolve by sir Christ Wray a justice sir t gawdy  and the whole court whereas the verdict be enter three term pass and in the  entry thereof in the roll the say demise make by Cartwright to Warlow be not  enter to be make by deed indent and now in this term it be pray to be amend  and because the note of the special verdict which the jury exhibit to the  court and which remain with master George Kemp secondary to master roper  purport that the jury find the say demise grout c by which it appear to the  court that the demise be give in evidence and reference make by the note to it  it be therefore hold by the whole court that the record in this point shall be  a amend a and so be it do in like manner in account between Gomersal and  Gomersal in this very court within two year before although the condition  consist of two part in the b disjunctive so either for non payment of the rend  or of the sum in gross which as to that be collateral yet if it have be find  that Cartwright have redemised any part of the house to Rawlyns and that  Rawlyns have enter by which the rend be suspend that thereby the whole  condition as well as to the say collateral sum as to the say rend be suspend  for it be resolve although the condition comprehend two several thing in this  disjunctive of two several nature the one the tent c issue out of the land  which be incident to the reversion and may be suspend by the intermeddle with  the land the other matter d collateral to the land which can be suspend by the  say redemise yet here be not several condition but one entire condition which  refer to two several branch and therefore suspend in part be suspend in the  whole and that the condition be entire appear by the conclusion of it know for  the nonpayment of the one or the other it shall be lawful for the lessor to  reenter into the whole land so that there be but one entire condition and one  entire entry which be not by the act of the party to be apportion or divide  and because this point be of late so pasch Elizabeth rot between a Brightman  and Somerford in this very case although between other party upon grave advice  adjudge by sir Edward Anderson and his companion justice of the court of c b  sir Christopher Wray and the court of king bench will not suffer this point to  be argue again but agree with the say court of common plea in the point  adjudge that if Cartwright have redemised any part of the house to Rawlyns and  Rawlyns never enter into it yet the rend by the acceptance of the redemise  before any entry be b suspend so that the nonentry of Rawlyns make no  difference between this case and the case which be in the common plea for when  the lessor accept a coke Report53a redemise and suffer a stranger to occupy  the part redemised it suspend the rend as well as if he himself have enter b  that the say lease make by Cartwright to Warlow by a Noy palm jenk cent   b    light a Leon salk a Vid Tidds practice b   a roll c jenk cent d jenk cent   a    b b a a Owen Leon b   light a b Cr car Ventr b in Hodgkins v Robson and  Thornburrow Ventr SC lev Freem Pollexf Keble hale CJ say if the lessor enter  into part by wrong this shall suspend the whole rend for in such case he shall  not so apportion his own wrong as to enforce the lessee to pay any thing for  the residue otherwise of a rightful entry into part it be true in ayscough  case in coke report a er p indenture when he c have nothing in the house be  notwithstanding good against he by conclusion and when Rawlyns redemised the  whole to he then be his interest bind with this conclusion and then when  Cartwright redemised the say stable to Rawlyns now be Rawlyns conclude also  for all party and privy in estate or interest be bind by estoppels and then  the case be no other but Cartwright demise to Warlow for six year the say  stable and afterward demise to Rawlyns for year so that this be a good lease  in reversion for year this do not make any suspension of the rend or condition  for it be not any grant of the reversion but a future interest in reversion no  term but a interest of a term as the plead be and notwithstanding such grant  the reversion without attornment remain in the grantor and he shall have the  rend reserve upon the first lease but if there be attornment then the  reversion passes and then will follow suspension and therefore it be agree if  a man a make a lease for year e rend ring rend with clause of reentry and  afterward the lessee make a lease to the lessor for six year to begin two year  after and afterward the rend be lawful demand be arrear the lessor may lawful  reenter and take advantage of the condition notwithstanding the acceptance of  the say future interest and by the entry defeat the future interest which be  vest in he if a man make a feoff in fee upon a b collateral condition and  afterward the feoff redemises the land to the feoff and afterward the  condition be perform now the redemise of the land be no suspension of the  condition be no impediment but that the feoff shall take advantage of it and  thereby destroy the term which he himself have accept as it be hold e a h h so  in the case at bar the redemise in going to be make no suspension of the rend  and per subsequent no suspension of the condition although it be object that c  estoppels conclude the party to say the truth but can conclude the juror  because they be swear ad reality de super to send forward to say and that  estoppels ought to be plead and in plead the party ought in the conclusion of  his plea to d rely upon the estoppel and not demand judgement if action or  make other conclusion as it be hold in h and for these reason the court shall  not give regard to this estoppel by deed indent find by the juror yet it be  resolve in this case that this estoppel be find by verdict the court ought to  judge upon the whole special matter accord to law and true it be that the  juror be swear ad revere dic and   it be say a rend can be suspend in part and  in be in part and so in   rawlins case it be hold that the whole rend be  suspend where part be redemised to the lessor and the court observe that the  resolution of that point be not necessary to the judgement give in that case  which be upon the extinguishment of the condition which be entire and not to  be apportion but as to the rend no book be find to warrant such a opinion but  brook title exting where it be say if there be lord and tenant by three acre  and the tenant let we one to the lord for year the whole rend be suspend this  case be not find in the book at large and the court further observe it be the  common experience where it come to be try upon nil debet if it be show that  the lessor enter into part to answer this by prove it be the lease of the  lessee and if the law shall not go upon this difference it will shake  abundance of rend it be a frequent thing for a lessor to hire a room or other  part of the thing demise for his convenience and with contra to this  resolution in Rawlins case Dorrell v Andrews roll a extinguishment g Vid also  vin ab rend t c Cr car hetl jenk cent a roll Carth b roll   a jenk cent keb    a Brownl c roll Cr car   light a a Cr Elizabeth jenk cent   b Owen Leon say  dyer pl cart palm hard Brownl hetl more light Rep latch d Jones oh light a hob    a Doct pl coke report b er p therefore they have do well in the case at bar  to coke Report53b find the whole truth of the case arid leave the judgement of  it to the court which upon the whole matter ought to judge accord to law and  Wray CJ say that it be adjudge in Pleadals case in Elizabeth that because a  jury do not find such a lease by deed indent which take its operation only by  conclusion intend that they be swear ad reality to say and that estoppels  conclude the party but not the juror to say the truth be therefore attaint and  have judgement accord for the justice in the same case hold that the interest  of the land as to party and privy be in a manner by such conclusion bind and  no conclusion shall be by such deed indent after the term end as Wray CJ hold  and in such case the jury ought if they will not find the special matter and  leave it to the judgement of the law to find at their peril accord to law vide  for this point e ass ass ass e law e assize e gar ass h b h blow Com and many  other book c and upon good consideration of e Leon   light a Cr Elizabeth  light Rep   light a c a estoppel must be plead and a verdict and judgement  obtain in a former action which if plead will have operate as a bar give in  evidence under the general issue will not be conclusive but only evidence to  go to the jury Vooght v winch barn and Ald vide ante note d Goddard case Vol I  p and the plea ought to conclude by rely upon the estoppel   light b Doct Plac  speak v Richard hob the omission of conclude the estoppel by rely upon it be  not mere matter of form but often deprive the party in who favour the estoppel  be from that advantage the law give he thus in debt for rend on a demise by  indenture by one who have nothing in the land if the defendant plead nil to  have in property and the plaintiff reply that he have a sufficient estate to  make the demise be lose the benefit of the estoppel but if he reply that the  lease be make by indenture and conclude unde petit judgment if the defendant  shall be admit to plead the plea against his own acceptance of the lease by  indenture the defendant shall be estopped Trevivan v Laurence Lord raym SC  salk Mod Davinant v rafter Lord raym when the declaration state the lease to  be by indenture inasmuch as the estoppel appear upon the record the plaintiff  need not reply the estoppel to such a plea of nil to have in property but may  demurrer Kemp v goodal salk SC Lord raym heath v Vermeden lev palmer v elkins  Lord raym note will sand a in Pledall v Pledall more matter of estoppel be  give in evidence and it be say by the counsel that it have be adjudge that the  jury must take notice of matter of estoppel upon pain of attaint upon which  Wray CJ say that such judgement be against law for the juror be stranger to  the conclusion between the party and no more estopped than judge and Soutcote  agree with Wray and Catlin CJ do not make any answer to this in Trevivan v  Laurence salk the court hold that where the plaintiff title be by estoppel and  the defendant plead the general issue the jury be bind by the estoppel for  here be a title in the plaintiff that be a good title in law and a good title  if the matter have be disclose and rely on in plead but if the defendant plead  the special matter and the plaintiff will not rely on the estoppel when he may  but take issue on the fact the jury shall not be bind by the estoppel for then  they be to find the truth of the fact which be against he Vid Vooght v winch  barn and Ald tonkin v croker Lord raym vin ab trial f r f from these authority  it may have be infer that in all those case where the party can not from the  nature of the case rely upon his estoppel by plead it specialty it will be  consider as a estoppel between the party when give in evidence to the jury  therefore in ejection strong where the title of the plaintiff be by a lease  from the defendant who have nothing in the land at the time of the lease make  it will seem that the jury be bind to find the estoppel sutton case cro  Elizabeth contra more and upon the same principle a verdict of guilty upon a  indictment for the non repair of a road will be conclusive evidence in a  subsequent indictment against the same parish of the liability of that parish  to repair king v coke report a er p this judgement and the say book you shall  understand and observe good difference and which opinion in the book be accord  to law and which not it be resolve that if a man have land for twenty year and  he lease for two year render rend and afterward grant his whole term and  interest to another if the lessee attorns d the reversion shall pass and if no  attornment be have yet the interest in reversion shall pass so that the  grantee shall have the land after the two year determine for the grant of one  shall not be adjudge void if to a any intent it may take effect it be resolve  if lessee of ail house for twenty year lease part for two year and afterward  lease the whole to another for ten year render rend so that this enures as a  lease in reversion for the part in lease and a lease in possession for the  residue that the rend shall issue out of the whole and the interest of the  term although it be not any estate which can be surrender and although it be  join with land in possession yet the rend shall issue out of the whole upon  which judgement Somerford bring a writ of error upon the new statute upon the  judgement and two error be assign because Rawlyns the plaintiff be a a infant  and be admit by guardian and no record thereof be make as be use in c b but  only recite in the count I Rawlins per a b guard suum ad hoe per cur  specifically urge on to express grief c the second error be assign in the  judgement itself give in b r as to the first error the judge Anderson chief  justice of c b manwood chief baron of the exchequer periam Windham and Rhodes  justice clark and gentleman baron of the exchequer and of the coif order the  precedent in b r to be search for without precedent prima fancy it seem to  they that there ought to be a record make of the say admittance by guardian  and on search of the record in b r many coke Report54a be find and show to the  justice where b infant have sue by guardian in the same court and no record  make of their admittance by guardian but such recital in the count as  aforesaid the justice and baron One voice in regard of the precedent which in  this case make a law in the same court disallow the error although precedent  in minute numero be show where record be man Le of the like admittance of a  infant in the saint Pancras peak n p c but in Outram v Morewood east Lord  Ellenborough in deliver the judgement of the court remark as to the case of  Evelyn v Haynes which be a second action for obstruct a watercourse try before  Lord Mansfield upon a plea of not guilty and where a verdict for the plaintiff  in another action bring against the defendant for another obstruction to the  same watercourse be give in evidence Lord Mansfield hold very proper that the  plaintiff have not obtain such a determination of his right by the former  verdict as the law consider as conclusive it can only be conclusive upon the  right if it can have be use and be actual use in plead by way of estoppel  which it can not be in that case first because no issue be take in the first  action upon any precise point which be necessary to constitute a estoppel  thereupon in the second action second it be not even plead by way of estoppel  in the second action but only offer as evidence on the general issue and in  order to be a estoppel it must have be as already observe plead as such by apt  averment and in shut v Barringdon and two other Esp which be a action for  divert water from the plaintiff mill a former verdict for a similar injury be  hold to be evidence as to the right of the water but Lord Ellenborough say  that the record in the former case can not be deem a legal estoppel but he  shall think himself bind to tell the jury to consider it as conclusive of the  right of the party it be to be observe in this case that two of defendant in  the last action be not defendant in the first and with Vooght v winch ub sup  Stafford v clarke bing and a case of Hooper v Hooper in the exchequer Trin d  attornment unnecessary Ann c S touch Bac ab lease n a light Rep carter jenk a  side light Rep Het Jones hut Cr Elizabeth palm b hetl palm coke report b er p  king bench as be do in the common plea e as to the error in the judgement all  the say point often argue in the king bench and upon great deliberation  adjudge be again argue before the say justice and baron of the exchequer and  after many argument at the bar and bench all the matter before resolve be from  point to point and for the reason before allege affirm by all the say justice  and judgement give accord Edward coke and other be of counsel with the  plaintiff and Glanville sergeant and other with the defendant and this be the  last case that sir Thomas gawdy argue who be a most reverend judge and sage of  the law of ready and profound judgement and of venerable gravity prudence and  integrity notam reader accord to the opinion of Wray chief justice it be  afterward adjudge in the common plea pasch queen Elizabeth in the case of one  London that if a man take a lease for year by deed indent of his own land it  be no conclusion but during the term and after the end of the term the lessor  may enter or occupy the land for by the determination of the term the estoppel  be also determine and then both the part of the indenture belong to the lessor  as it be hold h and so the law be now resolve in a case which be much  controvert in our book h h e h e estoppel e h e estoppel h h Litt ass ass e  double plea the opinion of hale and Montague in pl Com