ccxli lennards case in the case of Lennard custos narrow places who be  plaintiff in a action of trespass for break of his close the defendant plead  that William Heydon be seize of the land and feoff he and upon ne feoff pass  the party be at issue and it be find by special verdict that the say William  Heydon be seize and lease the land to the defendant for year and afterward he  make a deed of feoff to the same lessee of the same land in fee by the word of  to give away concession with a letter Leonard er p of attorney within the say  deed to make liver to the lessee and the deed of feoff be deliver to I to  deliver the same to the say lessee who deliver the same accord the lessee  deliver the same to the attorney name in the deed who make livery accord and  it be move b the council of the plaintiff that upon all this matter here be  not any feoff and by walmesly sergeant this deed so deliver take its effect  present as a confirmation and then the livery and seize come too late for as  soon as the say deed be deliver to the lessee for year the law give to it its  operation to this effect to vest the fee and the freehold in the lessee by way  of confirmation see for that Littl but the whole court be of a contrary  opinion for it be in the election of the lessee to take the conveyance as a  feoff or as a confirmation and here it appear upon the deed that the intent of  both party be that the lessee shall take by way of feoff and not of  confirmation for otherwise to what use shall be a letter of attorney insert in  the deed and here the lessee have liberty to make his election how he will  take either by feoff or by confirmation which election be have determine by  the acceptance of the livery and by Anderson if tenant in tail be seize and  make a charter of feoff and deliver the same to the seize who deliver the same  to the attorney name in the charter who make livery accord here be a good  feoff and a discontinuance and afterward after many motion make and day give  to show cause judgement be give that the plaintiff shall be bar roll Len trin  Elizabeth in the commonplea