case flower against baldwin Hilary term car roll a bargain and sale when enrol  within the six month relate to the seal of the deed so as to avoid encumbrance  to stranger send quaere if it shall avoid a judgement suffer by the bargainor  before it be enrol vide post Inst   light a cro James more Com dig Com dig  trespass upon a special verdict the case be one bargain and sell by indenture  OD the July James the deed be acknowledge the July before a master in chancery  the October follow the bargainer suffer a judgement in the common plea the  October the indenture be enrol a in chancery issue be join videlicet whether  the bargainor be seize in fee at the time of this judgement Littleton for the  plaintiff argue that the indenture be enrol shall have relation to the time of  the seal and delivery thereof and make the bargainee seize ab beginning and  then the bargainer be not seize at the time of the judgement and for that he  rely upon Edward bro enrolment de faits where two Jointtenants the one bargain  and sell by indenture the other die before enrolment and the enrolment be  within the six month the moiety only shall pass for the deed intend to pass  but the moiety and   light b if after the bargain and sale the bargainer and  bargainee join in a grant of a rend charge and the deed be enrol within six  month b it be the grant of the bargainee and confirmation of the bargainer and  if bargain and sale be of a manor and a advowson appendant and the church  become void before the enrolment the enrolment be within the six month the  bargainee shall have the benefit of this presentation and of all arrear of  rend incur before the enrolment it be within the six month so if a bargainee  have a wife and die and afterward the deed be enrol the wife shall have dower  as it be resolve for the wife of baron Frevill and in the case of gawen v  Stacy c it be adjudge that if the bargainee grant a rend out of the land  before enrolment and afterward it be enrol the grant be good Charles Jones for  the defendant argue that until enrolment the possession and freehold continue  in the bargainer and nothing divest out of he for the statute Henry c be  express that nothing shall pass until enrolment so that until the enrolment he  remain seize then the enrolment not be until croak car the October and the  judgement be the October and the issue be whether he be seize in fee the nine  of oh tober upon this special verdict the issue be find for the defendant  which be the reason in hind case a that if a bargainer make a feoff or levy a  fine before the enrolment to the bargainee himself and afterward the deed be  enrol the bargainee be in by the fine or feoff but the enrolment shall take  away all encumbrance make by the bargainer himself to a stranger that they  shall not prejudice the bargainee for the enrolment have relation to take away  all encumbrance all the court agree that the enrolment of the deed within the  six month relate to the seal of the deed and make the bargainee in to avoid  all encumbrance make to stranger after the seal but Jones justice conceive  that in rei in point of fact the bargainer shall be say to be seize always  until the enrolment and nothing pass to the bargainee until the enrolment for  it be so express appoint by the statute and it be quasi condition praeceden  and until it be perform nothing vest in the bargainee and be cite the case of  Bellingham v Alsop b that if a bargainee before enrolment bargain the land to  any a vide Henry c and car c b Inst   hob dyer salk Mod c roll Rep a   a b cro  James croak car er p other and after the first deed be enrol and afterward the  second bargain and sale and both of they within the six month the second  bargain and sale be void because there be nothing in he at the time of the  bargain and sale and therefore he and hide chief justice incline as this case  be and the issue join and find for the defendant but I be of opinion that when  the enrolment be within the six month he be in ab beginning and the fee vest  in the bargainee ab beginning for the statute of Henry c execute the  possession to the use but that be stop until the deed be enrol within the six  month and when the deed be enrol it vest in he ab beginning and the possession  be expectant to the use at the time of the seal of the deed and until the deed  enrol the bargainee have election whether he will take it by the deed or not  which be the reason that if he himself in the interim take a estate by feoff  or fine he himself destroy the use and take by conveyance at the commonlaw and  not by the use but when he himself do no act of disturbance and the enrolment  be within the six month it shall relate to the date of the deed and that be  the reason be shall have all rend incur in the mean time and the benefit of  present to church when they fall and shall be say seize ab beginning and then  the bargainee be seize the say nine day of October be the day of the judgement  and not the bargainer c the court thereupon will far advice