bury ad tailor case in a ejection firm bring upon not guilty plead by the  defendant it be give in evidence to the jury to this effect videlicet that one  I S who do intend to entermarri with Alice S by indenture do covenant with I d  that he will marry the say Alice be then of the age of seventeen year and that  after the marriage have betwixt they that they will levy a fine of diverse  land which say fine shall he unto the use of the say I d and his heir and  accord after entermarriage the say I S and Alice his wife do levy a fine unto  the say I d and his heir without any other use imply or express but what be  contain in the say indenture before marriage and accord to the say fine the  conusee continue the Godbolt possession of the say land for a long time  videlicet for thirty year cook chief justice say that this continuance of  possession be a strong proof and can not otherwise he intend but that the  conusee come to the possession of the say land by the say fine which be so  levy to he and his heir and he say that it be adjudge in this court in the  case betwixt Claypoole and whetstone that in a recovery the covenant do not  lead the use of the recovery for that it be but a evidence that such be the  intent of the party and in this case it be agree by the whole court and be so  say to he resolve in Clogat and Blythes case Elizabeth that when no use be  express or employ by indenture or other agreement that it shall he to the  ancient use videlicet to the use of the conusor as if husband and wife he  seize of one moiety of the land in the right of the wife and the husband of  the other moiety by himself and they join in a fine general the conusee shall  he seize to the former use as it be agree in Heckwiths ccrse c part and so it  be agree that if the husband do declare the use and the wife do not disagree  or vary from it that the declaration of the husband shall bind the wife and  cook say that it be not always necessary that the wife name he set to the  indenture which do declare a use and further cook say that if a fine he levy  of land yet the use may he declare by subsequent indenture and it be say  obiter in this case that if a man for valuable consideration do purchase a  lease for ear and he name two of his servant as joyntpurebasers with he in the  deed and afterward the master will sell the land alone and the servant do  interrupt the sale or will not join with he that he have no remedy to compel  they to do it but by a bill of chancery Godbolt er p