case read and Morpeth against erington Trinity term Elizabeth roll if a man  seize in fee make a feoff to the use of a in tail or for life remainder to the  use of his own right heir the land upon the death of a without issue return to  the feoff as his ancient reversion and do not vest in his right heir as a  remainder by purchase post more dyer Leon   light   Mod pop Ro ab   dougl a  lessee for year may make a feoff notwithstanding the presence of the lessor  for the lessee have the possession and may dispose of it but it be a  extinguishment of the lease and the lessor may enter for the forfeiture Jones    light and see the latter part of Mr butler note page in page b   roll Abr  viner wood con dyer b in notorious facts atk Cowp term Rep   a in ejectment a  lease commence in fact subsequent to the time to which the hahenAm relate be  good a special verdict in ejectment need not find that the lease of the tenant  be expire if the plaintiff do not claim under they ejection firmce and declare  of a lease make by Anthony Mitford that January Elizabeth of acre of land acre  of meadow and acre de pasture in PontIsland hahendum from the Feast of saint  Michael last pass for twenty year upon not guilty plead the jury find a  special verdict which be thus in substance that Anthony Mitford be seize in  fee of the manor of PontIsland in the county of Northumherland of which the  tenement in which c be parcel and of other land call Crawleys in PontIsland  parcel also tenement in who c and of another parcel of land call IslandGreen  in PontIsland parcel of the tenement in which c and be so seize Elizabeth  convey the manor of Pontlsland to the use of himself for life remainder to  jasper his old son and the heir male of his body remainder to the right heir  of Anthony and the land call Crawleys to the use of the say jasper and  Margaret his wife and of the heir male of the body of jasper and afterward to  the use of the right heir of Anthony and the land call IslandGreen to the use  of the say Anthony and Julian his wife for their life remainder ut above and  they further find that jasper have issue mary his daughter marry to the  defendant and afterward die without issue male and that jasper be the old son  and heir of Anthony croak Elizabeth and they further find  that Anthony will  Elizabeth make the lease in the declare known croak Elizabeth er p tion prout  c and that afterward the lessee that march I Elizabeth make a deed of feoff of  these land to Alexander heron and other in fee with a letter of attorney to  enterinto they or any part thereof and to make livery accord to the deed and  that the attorney make livery in a stable of a house parcel of the manor of  PontIsland Anthony Mitford the lessor be then and there present and that at  the time of the livery the land call Crawleys be in the possession of Anthony  as tenant at sufferance to the say Margaret the wife of jasper and that the la  nds call IslandGreen be in the hand of diverse farmors and lessee by virtue of  several lease to they make before the lease make ill Elizabeth and that  Anthony and Julian be dead and that the say Alexander heron and the other  feoff enter and grant all their term estate and interest to the lessee of the  plaintiff el si super lotan means c notam the jury find that Crawleys contain  sixty acre and IslandGreen one hundred and twenty upon this special verdict  these matter be move first if the remainder limit to the right heir of Anthony  Mitford for Crawleys in Vhich he have no particular estate he in he as his  ancient reversion or vest in his right heir as a remainder by purchase for if  it be a purchase in the heir it be not Chargeable with the lease of Anthony  Mitford and all the court resolve clear that the use limit to the right heir  of Anthony be the ancient use in he and be never out of he and be in he as a  reversion to grant or charge and from he shall descend to his heir and be as  if it have not been mention and the limitation to his right heir be a void  limitation and be no more than the law vest in he second question if this  feoff by the lesseefor year the lessor be upon the land be a good feoffme t  for the lessor as it be say can be seize he be upon the land and no freehold  can he divest out of he but he be in possession guard the land that no feoff  can he make curian contra that it be a good feoff and shall enure by way of  feoff for the lessor and lessee be upon the land the law shall judge he in  possession that have the right of it and the lessee have the sole right to the  possession and livery ought always to he give of the possession and therefore  he that have the possession shall make the livery and therefore if the lessor  make livery the lessee be upon the land and contradict it this be void for it  can enure upon the possession nor give it when the lessee be there and keep it  and the law shall adjudge it only in he and when he can give or meddle wfth  the possession he can make livery and turning when the lessee have possession  he may make livery and the presence of the lessor which have nothing to do  there can disturb it but immediate by his be there this be a entry by he and a  revesting of the freehold in he so Perkins f and die and Popham say that if it  can enure as a feoff and though it can divest the freehold nor he a seize to  the lessor yet clear it be a forfeiture because the lessee have take upon he  to make a feoff and give a feesimple croak Elizabeth and so it be a  extinguishment of his term as if the lessee of the queen make a feoff no  freehold pass for he can divest the freehold out of the QL!een yet it be a  forfeiture and for these cause the court do clear resolve for that part for  the defendant but for Crawleys because it be find to he in the hand of Anthony  Mitford as lessee to Margaret it be hold that nothing pass and so for  IslandGreen as that be find to he in the hand of several farmors nothing pass  nor be it any forfeiture three coke attorneygeneral move that the plaintiff  have declare of a lease make Jan Elizabeth hahendum from Michaelmas before and  it appear by the special verdict it do not commence from Michaelmas before for  it be the jointure of Margaret who be tenant for life and die afterward so for  that it be a lease only from the time of her death and so the plaintiff have  fail in his declaration But the court resolve that the declaration be good as  to that point for it be by indenture as it be find it be good hetween the  party and Margaret be dead it shall he say to hegin accord to the time limit  go the indenture and he can declare in any other manner but if it have been  without deed peradventure it shall he otherwise fourthly it be move that for  IslandGreen the verdict be for the defendant croak Elizabeth er p for it be  find it be in the hand of farmors and lessee a by virtue of lease make before  this lease and it be not find that their lease be end and then it shall he  intend that they yet continue and then the defendant can be guilty of the  ejectment of the plaintiff but the court conceive this not to be material it  be not find that the defendant claim under the lessee and the plaintiff have  enter and the defendant enter up out he this be a ejectment of the plaintiff  for which the plaintiff shall punish he and it be resolve that for the manor  of PontIsland judgement shall he for the defendant and for Craleys and island  green judgement shall he enter for the plaintiff