case Deighton against Greenville if land be extend on two statute and the  person who be seize of the land levy a fine it divest the estate of the  cognizees of such statute and the cognizee of the first statute must make his  claim within five year after the fine have be levy otherwise he will be for  ever bar but the cognizee of the second statute need not make his claim until  satisfaction have be enter upon record on the first statute because that be  the only proper determination of a extent so that he will have five year from  that time allow he to avoid the fine by the second save in the Henry c for  until then his right do not accrue SC vent SC comb SC skin SC cruise on fine  to error in the exchequer Chamber upon a judgement in the king bench on a  special verdict in a ejectment try at the bar here upon the demise of Lord  Huntingdon and Lord Scarsdale and Elizabeth Lewis of several c which find as  to the manor demise by Lewis the defendant not guilty as to the rest they find  that one Thomas Lewis be seize in fee and be so seize the nine of April James  he acknowledge a statute merchant before the mayor of Lincoln to William  knight in twelve hundred pound that in Trinity term car Isaac knight executor  of William sue out a capias upon that statute on which a non be invention be  return then take out a writ to extend the land of Thomas Lewis on which the  sheriff by inquisition do extend several land mention in the inquisition which  be parcel of these in the declaration and that the sheriff deliver these to  Isaac knight that on the twenty of November car Thomas Lewis and John Lewis  enter into a recognizance in nature of a statute staple before chief justice a  mayor of London v gory lev and see Carth where the case be cite as good law  vent b see Ann c S and Geo c S shower KB er p Branston to Richard Gerrard for  one thousand pound that John Gerrard the executor of Richard procure the  recognizance to be certify shower KB into chancery and thereon sue out a to  stretch out facias and have the land in question extend and seize into the  king hand which be afterward car deliver to John Gerrard by liberate on the  twentyfifth of may car Lewis enter into another recognizance to sir jervas  Ellwayes and William burrow in five thousand pound that on the ten day of  December car a extent be have thereupon and afterward by writ of liberate bear  testae the second of February car and returnable in easter term follow deliver  to elwayes and Burroughs that the manor of Mair en Mair and five message c  parcel be purchase of one Metham by Thomas Lewis by fine and deed date the  twentyfirst of December James and find the deed and fine in haec word that  before this purchase Thomas Lewis have the residue by dissent from his father  that Isaac knight and John Gerrard by their respective deed grant all their  estate and interest by virtue of the say extent upon the two statute of knight  and Gerrard to one Edward Lewis by virtue whereof he be possess prout law  demand that Edward Lewis be so possess and Thomas Lewis so seize of the  premise and in actual possession thereof Thomas Lewis by indenture the  twentysixth may for four thousand pound consideration convoy to sir John Lewis  in fee and a fine levy in Trinity term to sir John with proclamation and the  last proclamation be the first may that at the time of this fine levy the land  purchase of Metham be repute to be parcel of the manor of Mair that sir John  Lewis be seize by will in write devise the manor of Mair and the other the  premise in question to Edward Lewis his brother and to the heir male of his  body and for want of such issue to descend to his daughter mary and Elizabeth  and mention in his will that these land be at that time demise to Edward Lewis  for life under a certain rend on the ten day of August sir John Lewis die that  when sir John Lewis his will be make and at the time of sir John death the  land in question be in possession of the say Edward Lewis by virtue whereof he  be seize prout law demand that be so seize in Michaelmas term car Edward Lewis  levy a fine sur conuzance de law come Ceo c with proclamation the last  proclamation be on the eleven of January car that this fine be to the use of  Edward Lewis and his heir that sir John Lewis have issue only two daughter  Elizabeth and mary his heir and also heir to Edward Lewis that Edward Lewis on  the three day of September car die seize without issue of his body that  Elizabeth and mary be heir to sir John Lewis and Edward enter and be seize  prout law demand that Elizabeth marry shower KB the earl of Huntingdon and  mary the earl of Scarsdale and that they enter and be seize and that Elizabeth  Lewis widow by virtue of a assignment from the executor of Edward Lewis after  his death be possess of the benefit and interest of the statute to knight and  Gerrard and the extent thereupon prout law postulate in trust to permit the  earl to take the profit thereof before the lease in the declaration demise to  the earl at will that the earl be so seize Ellwayes die and Burroughs survive  and die on the first day of may car and the administration to Burroughs quoad  that statute of five thousand pound and the extent thereupon be commit to  whether wife of the defendant Bernard Greenville and the say earl be so seize  on the thirtyfirst day of July car Bernard greenville and whether his wife  administrator de good non administer by John Gerrard of Richard Gerrard and f  c acknowledge satisfaction upon the statute of one thousand pound to Gerrard  and pray that statute may be cancel and vacate and thereon it be vacate and  cancel that Bernard greenville in the right of whether his wife as  administrator to Burroughs do enter upon the earl and be possess prout law c  that the earl enter again upon he and make the lease to the plaintiff by  virtue whereof be enter and be possess prout law c that the defendant eject he  prout c and conclude several c the case be no more than this Thomas Lewis be  seize in fee of the land in question enter into a statute merchant to William  knight afterward acknowledge a recognizance in nature of a statute staple to  Richard Gerrard and then acknowledge another recognizance in nature of a  statute elwayes and Burroughs they first extend and have the land deliver in  extent then Isaac knight executor of shower KB er p William extend and have  the land deliver by liberate and John Gerrard the executor of Richard extend  also and have the land deliver to he by liberate Isaac knight and John Gerrard  assign their extend interest to Edward Lewis afterward Thomas Lewis the  conusor be in actual possession levy a fine with proclamation to sir John  Lewis and his heir the last proclamation on the first of may sir John Lewis by  his will devise to Edward Lewis and the heir male of his body and mention in  his will that those land be before demise to the say Edward for life under a  certain rend sir John Lewis die at the time shower KB when sir John Lewis will  be make and at his death the land be in possession of Edward Lewis Edward  Lewis levy a fine with proclamation to Francis Lewis to the use of himself and  his heir the last proclamation be on the eleven of January car Edward Lewis  die without issue sir John Lewis have only two daughter Elizabeth and mary his  heir and also heir of Edward Elizabeth and mary enter and be seize and marry  the lessors of the plaintiff elwayes die and Burroughs survive and afterward  die and administration to he quoad his statute and the extent upon it be  commit to whether the defendant wife Bernard Grenville and whether his wife  acknowledge satisfaction upon Gerrard statute and that be cancel the defendant  enter the plaintiff upon he c whether the entry of the defendant in right of  his wife as administrator to Burroughs by virtue of burrow extent be lawful or  not be the general question in the court of king bench judgement be give for  the defendant the plaintiff bring a writ of error in the exchequer Chamber Mr  Trevor for the plaintiff the particular question in this case be several first  whether the fine levy by Thomas Lewis he be then in actual possession do  divest all the extend interest upon the three statute and turn they to right  and whether that fine and five year nonclaim do bar all those right second  though the extend interest be not bar by that fine and nonclaim the next  quaere be whether by the demise of the inheritance of these land to Edward  Lewis who at that time have the extend interest upon knight and Gerrard  statute by assignment these interest be not merge and extinguish in the  inheritance three whether if so Burroughs have a present right of entry by  that merger be not bar absolute by the fine of Edward Lewis and five year  nonclaim fourthly if not absolute bar yet whether he be not bar of such right  as he have at the time of Edward Lewis fine levy five if so whether any new  right of entry be since accrue upon that extent either by the acknowledgement  of satisfaction upon Gerrard statute or otherwise shower KB as to the first  quaere the fine that be levy by Thomas Lewis be then in possession have divest  all the extend interest and turn they to right and the five year nonclaim  thereon have bar all their interest Thomas Lewis be then in possession this  fine work by way of feoff and consequent turn all estate to right by reason  the feesimple passes to the feoff and so no estate can be leave in any person  else and here the interest of the conusees upon the statute shall be divest  and turn to right notwithstanding they have never actual enter for they have  the possession in law notwithstanding by the extent and writ of liberate and  they have thereby a right of entry and consequent shall be bar by the fine and  nonclaim and so be Saffyns case a a man make a lease for year of certain land  to commence after the determination of a lease for year then in be the first  determine the second never enter but he in reversion enter and make a feoff  and levy a fine with proclamation and five year nonclaim in that case it be  adjudge that though the lessee have never actual enter yet he shall be bar by  the fine and nonclaim because he have a right to enter and such a estate in  law as by the fine be divest and there it be likewise resolve that the  interest of a tenant by statute merchant statute staple c shall be bar by fine  and nonclaim and so be Isham v morris b lessee for year assign over his estate  in trust of himself and afterward purchase the inheritance and continue in  possession and a   cro James Bac Abr cruise on fine b cro car hetley shower KB  er p levy a fine and five year pass the interest of the assignee be bar though  he never actual enter devisee bar by fine though levy before the devisees  entry c and so it be hold in the court of common plea in Trinity term car upon  a trial at bar there that a tenant by elegit shall be bar by fine and nonclaim  and that if a inquisition upon a elegit be find the party before entry have  the possession in law and a fine with nonclaim shall bar his right for before  actual entry he may have ejection strong or trespass d and the case of a  statute staple be the same where there be a liberate execute for then the  conusee have a right of entry or of bring his action before a actual entry and  so shall be bar by fine and nonclaim as well as tenant by elegit e and as  Edward who have the interest upon the two first statute of knight and Gerrard  shall be bar by this fine and nonclaim for five year so the same fine bar the  interest of shower KB Elways and Burroughs upon their statute which be the  three and last and as to this point the case be thus Thomas Lewis seize in fee  acknowledge a statute to knight and afterward acknowledge another to Gerrard  and afterward another to elwayes and Burroughs elwayes and Burroughs extend  their statute first then knight extend then Gerrard extend Edward Lewis  purchase the interest upon knight and Gerrard statute Thomas Lewis levy a fine  be in actual possession and five year nonclaim by any of the conusees c now  this nonclaim will bar all for though Edward Lewis have the precedent statute  and the interest of elwayes and Burroughs be but a reversion expectant upon  the determination of those two precedent interest yet these precedent interest  be but chattel and in nature of interest for year and not freehold though  elwayes and Burroughs have no general right of entry at the time of the fine  levy yet they may have make a entry or claim for this particular purpose to  avoid the bar upon the fine as well as he who have the precedent interest and  shall therefore be bar by this fine and nonclaim and this be the same with  Margaret Podger case f if lessee for year be oust and he in reversion seize  and the seize levy a fine with proclamation and five year pass as well the  lessor as the lessee be bar by the nonclaim and the lessor shall not have five  year after the term for year expire for he have a right to enter and make his  claim notwithstanding the lease for year precedent but it have be otherwise if  the estate precedent have be for life so in this case elwayes and Burroughs  who have the extend interest in reversion expectant upon the two precedent  extent those be but chattel may within the reason of that case have enter and  make their claim and therefore shall be bar for not do so in the case of  Stowell v zouch g it be say if tenant for year or tenant by statute merchant  or elegit be oust and afterward a fine be levy with proclamation that as well  the tenant for year or by statute merchant or elegit as he in reversion may  enter upon the seize as well as the particular tenant which must be intend of  a entry only to make a claim and revest the estate and not of a entry to take  the profit for that can be do by he in the reversion while the particular  interest continue so that thereby it do shower KB appear that tenant for year  as to this purpose be the same and that he who have a interest in reversion  expectant either upon a tenancy for year or by statute ought to make his claim  within five year after the fine and shall not have five year after the lease  for year or extend interest determine and if a reversion in fee shall be bar  after five year nonclaim a strong a extend interest in reversion which be but  a chattel and of less consideration in the law shall be bar thus second though  these extend interest be not bar by the fine of Thomas Lewis and five year  after by the devise of the inheritance of the land in question to Edward Lewis  who at that time have the extend interest in he of knight and Gerrard statute  these interest be merge and extinguish in the inheritance and then elwayes and  Burroughs be bar by nonclaim in five year after that c hulm v heelock cro car  and see the same case under the name of chamberlain v tanner Jones Eq Abr cro  car d Ognel v Lord Arlington Mod see also cruise on fine e see hannam v  Stephens post f   g Plowd shower KB er p now these be merge whether elwayes  and Burroughs interest be a reversion intermediate between the precedent  extent and the inheritance or a interest de going to be only if it be a  reversion then that reversion be divest and turn to a right by the fine of  Thomas Lewis and so continue to the time of the death of sir John Lewis there  be nothing do that appear to revest it when the freehold come to Edward Lewis  then the right which Burroughs have can not prevent a merger of Edward Lewis  interest upon the two first statute upon the devise of the freehold to he for  then he have the immediate freehold and the inheritance come to he by that  will Burroughs interest in going to be be no estate intermediate but the  extent upon these two first statute must of necessity be merge and extinguish  in the inheritance so that either the extent upon knight and Gerrard statute  be bar by the fine of Thomas Lewis and five year nonclaim or be merge and  extinguish by the devise of the freehold to Edward Lewis or forfeit and  determine by the fine of Edward Lewis which be the next point three Edward  Lewis fine Burroughs have a right of entry by virtue of his extent at the time  of the fine levy and therefore he ought to have make his entry or claim in  five year after that fine this be much strong than Margaret Podger case for  there the fine be not levy by the lessee for year so as to commit a forfeiture  or other extinguishment of the lease for year whereby no absolute right of  entry be give to the reversioner but a right to enter by way of claim to avoid  shower KB the fine yet that be such as that he have but five year after the  fine but here be a absolute right of entry accrue to Burroughs not only a  right of entry to make his claim to revest his interest but a right of entry  and take the profit and a right of action against any man that interrupt he  the particular estate be drown and it be more than where tenant for life or  year levy a fine it be a forfeiture but determinable by the entry of he in  reversion which if he waive he have no right of entry till death of tenant for  year now in this case Burroughs can not by wave his entry make these extent to  have continuances because they be actual determine and Burroughs have at the  time of the fine levy all the right of enter or bring action that ever he can  have so that the acknowledgement of satisfaction upon Gerrard statute for the  extent be determine before can not again be determine the right which  Burroughs have at the time of the fine levy be bar by five year nonclaim after  the fine which be a present right of entry by reason of the two first statute  be bar by Thomas Lewis fine or by the merger in the purchase of the freehold a  inheritance of Edward Lewis or upon forfeiture wrought by the fine of Edward  Lewis this can be deny for be a present right it be bar if tenant for life  levy a fine and he in reversion do not enter or make claim in five year he can  never enter for that forfeiture but must stay till a new right of entry accrue  to he by death of tenant for life and so be Plowd Com and cro car fine and  nonclaim bar devisee before entry dyer now the defendant have no other right  than Burroughs himself have when Edward Lewis fine be levy No new right can  accrue upon the acknowledgement of satisfaction upon Gerrard statute for leave  knight out of the case and none but Gerrard and burrow and extent upon they  and the extend interest upon Gerrard so bar by the fine of Thomas Lewis and by  five year and the purchase of the inheritance and fine of Edward Lewis no new  right of entry can arise to Burroughs upon acknowledge satisfaction because  that first extent be actual determine and all the right that Burroughs can  possible have be accrue to he this be after a threefold determination of the  statute before this be in no sort like the case of tenant for life levy a fine  that be no determination shower KB of his estate for life it be only a  forfeiture which give a power of entry but till entry for the forfeiture the  estate for life be not determine but here the extent upon Gerrard statute be  whole and entire determine before satisfaction acknowledge then knight statute  and the extent upon that stand in the defendant way for though in truth it be  determine and bar as I have show yet the defendant can take no advantage of  that prior determination because of the fine of Edward Lewis and five year  nonclaim so that as to the defendant it be all one as though the extent upon  knight statute be actual in be for that extent be as much determine at the  time when Edward levy the fine and therefore Burroughs ought to have make  shower KB er p his claim within five year upon that and if ever after he shall  have any such right he can pretend to it till knight statute be satisfy by  perception of profit or otherwise receive some new determination and then he  can have a right of entry neither but only a to know facias for a extent upon  a statute shall not be avoid by entry but by to know facias because a tenant  by statute be to hold not only till his debt and cost be satisfy which be  certain but till he be satisfy his reasonable damage and charge beside which  be uncertain must be reduce to a certainty by judgement of this court suppose  there have never be any extent upon Gerrard statute have the defendant entry  be lawful or can he have any right by virtue of Burroughs extent till some new  determination of knight extent by satisfaction or otherwise since the fine of  Edward Lewis whatsoever determination there be of knight extent it be either  before the fine of Edward Lewis or immediate wrought by that fine and  therefore whatever right of entry be in Burroughs it ought to have be pursue  within five year after that fine now the acknowledge of satisfaction upon  Gerrard statute can give Burroughs no better right than will have be if here  never have be any extent upon that statute upon the whole matter the extent  upon burrow statute be bar by the fine of Thomas Lewis and five year nonclaim  or bar by the fine of Edward Lewis and nonclaim after that fine for when  Thomas Lewis fine be levy Burroughs have though not a general right of entry  yet he have a particular right of entry b way of claim to avoid the bar and  when Edward Lewis fine be levy Burroughs have a absolute right of entry shower  KB upon his extent the two first extent be before that time bar either by the  fine of Thomas Lewis and nonclaira or by the merger upon the will of sir John  Lewis or by the forfeiture and extinguishment wrought by Edward Lewis fine and  therefore he ought to have make his claim in five year or be bar or at least  till some new right come which be not yet for the acknowledge satisfaction on  Gerrard statute can give no new right because the extent upon Gerrard statute  be as much determine before satisfaction acknowledge as after and beside  knight statute stand in the way for as to they the defendant knight statute be  still in be though in truth it be determine and the defendant can now take no  advantage of it because he or Burroughs under who he claim suffer a fine and  nonclaim to incur after his right of entry upon that determination but as to  the lessors of the plaintiff that extent be determine because we claim under  the fine and the other conveyance by which it be extinguish but however though  the extent upon knight statute be determine as well in relation to we as to  the defendant yet the plaintiff must have judgement for that the verdict find  priority of possession in the lessors of the plaintiff and therefore they must  have a good title against the defendant unless he have a better Mr Bonythen e  contra the fine levy by Thomas Lewis can never be a bar to we till the  interest of Gerrard statute be determine the statute of fine Henry cap be  express save their right to they which claim within five year we have no right  of entry till the first interest be determine for if Burroughs have enter he  have be a trespasser which be the best way of judge that there can not be a  entry he cite dyer   cro Elizabeth more   the doubt of a fine levy by tenant  for year the same doubt be resolve in Trinity term car roll easter term car  baker v Hodsden the interest be not determine vide Noy there must be five year  after the determination of the first precede interest the interest of Gerrard  statute do determine by acknowledge satisfaction and not before the interest  of tenant by statute do not determine by perception of profit till  satisfaction acknowledge he cite bro title stat cro James Jones   light  Fulwoods case   see these authority shower KB pollexfen chief justice can you  prove that these interest be reversion or that they can take advantage of a  forfeiture or be they like a future interest for year can you prove that the  interest of statute be ever take as estate in reversion or remainder then  suppose they reversion if they be reversion for year then they may be merge  and if you take they for remainder for year then the come of they one with  another into one man hand there be no merger in this case for then it be no  more than a term for ten year and a future term for twenty shower KB er p year  to commence after the first determine suppose they as several reversion then  Edward Lewis be tenant for year reversion to another for year must not the  reversioner enter in five year after a fine levy if Gerrard interest be bar  what can the entry of satisfaction do after and certain this fine do bar his  interest suppose Gerrard have surrender will not that have determine his  interest suppose lessee for life remainder in fee lessee for life be seize and  a fine and five year pass the lessee be bar and the remainder have five year  after the lessee for life his death can the remainder have five year if the  lessee for life surrender or can he surrender after his estate be bar if these  extent be not reversion but like future interest then when they come together  in one man that drown both the term for there be nothing to keep they asunder  knight the first statute be certain bar this be speak upon break the case say  adjornatur b