case and BOOCHER against ancele Samford Hilary term Elizabeth roll see  Cuthhert v Robinson lj Ch devise of the tenement with itsappurteriances in  which b dwell in e will pass land appurtenant although it lie out of e I Leon  roll Abr Jones cro car God salk hob d year b cro James Sav Com dig blow Powel  on Dev Cowp dougl bro Ch Cas moor Cr car a dougl Cowp croak Elizabeth er p  ejection firm upon a special verdict the case be this William Samford be lord  of the maor of stoneHouse within which manor there be a place know by the name  of ebley in which be a house and six acre of land to which tenement diverse  other landss throughout the whole manor be pertain and have be use with it by  the space of sixty year and have always pass by one grant and under one rend  which be now in the hand of one h b copyholder of it and the say W S be so  seize devise that his brother though Samford after the death of the say h b  shall have the tenement with the appurtenance in which h b dwell in ebley for  sixty year render l per annum the ancient rend be S but the house and the six  acre be worth l and if upon all this matter the other land which be use with  the house and be out of ebley pass or not be the question coke argue that all  pass for they be always pass by one grant and under one rend and they be here  grant per nomen tenement and it be to be first consider how these word wherein  he dwell in ebley shall refer to the dwell or to the tenement and as to that  he say the word shall be refer ut word to take without effort apt et in to  appropriate sensum then dwell shall not be refer to land but to the tenement  for a man can dwell in land and relation shall always be ut opinion non to  entangle and not to the last antecedent and here he divis the tenement with  the appurtenance which be all thing belong to it and the land out of ebley be  belong to it and it be adjudge in one Batrees case where one be sick send for  a scrivenor and give he instruction that he devise croak Elizabeth his house  and the land belong to it and scrivenor draw a devise of the house cum  appurtenance and it be adjudge that the land pass also the rend be increase  and therefore his intent be to give all the land and it be to his brother for  his advancement Atkinson contra he agree that by a devise of the tenement all  pass but when he say in h b dwell in ebley this show his intent that nothing  shall pass but what be in ebley a man grant his manor in d nothing passes but  what be in d and it be adjudge in the exchequer where the king grant the  commandry of Slevidge in the county of Radnor that if no part of it be in  Radnor yet it shall pass but if part be in the county of Radnor and part in  another county nothing shall pass but what be in Radnor but it be adjudge for  the plaintiff that the land out of ebley shall pass but that the plaintiff  shall recover but two part the devise be void for the three part the land be  hold in capite