case sir John ferrers and sir John Curson against sir richard Fermor and other  Trinity term James roll a lessor convey by deed indent and enrol and by a fine  the demise land to his lessee and other and their heir to the use of they and  their heir to the intent that a common recovery shall he have against they to  the use of a three person and his heir the term be merge and extinct until the  recovery suffer but after the recovery the use be guide by the bargain and  sale and the term and rend be revive c roll Rep Mod Mod lev andr keb vern vent  prece in Chanc Eq Cas ab Eq Cas ab stram stram Carth to Bac ab burr cruise on  recoy Bl Rep Cowp term Rep see Mr butler note   light b debt for four hundred  pound for the rend of two year arrear upon a lease of twentyone year make to  the say sir Richard Fermor and other render two hundred pound per annum of the  manor of Belchingdon by John poory who after convey the reversion to the  plaintiff who because the rend of two year be unpay bring the say action upon  non debet plead and a special verdict the case appear thus John poory let this  land for twentyone year render two hundred pound per annum afterward it be  covenant by indenture betwixt the lessor and lessee and other that a bargain  and sale shall be make and a fine levy to the lessee and to other and their  heir to the use of they and their heir to the intent a recovery shall be  suffer against the conusees with voucher of the lessee who shall vouch over  the common vouchee to the use of the plaintiff and their heir the bargain and  sale be make by deed enrol and a fine levy and the next term the recovery  suffer accord the question be whether upon all this matter the term be  extinguish or in be it be agree by counsel on both side and by all the court  that if a fine or feoff be to lessee for year to the use of a stranger it  shall not extinguish the term but it be save by the statute of Henry c S which  execute the possession accord to the use and save all right estate and  interest and as at the commonlaw if a termor take a estate to use he shall not  be compel in equity to execute the estate but his term shall be save to he so  the statute do not intend to prejudice such who have estate but to preserve  they but here the doubt be because by the fine levy and bargain and sale make  to the use of the lessee himself and other for a time to the intent a recovery  shall be suffer the term be drown and extinct for the time until recovery  suffer whether it shall now be revive and all the court resolve that it shall  for the bargain and sale and the fine and recovery be all but one assurance  and the recovery be execute which be ground upon the covenant be quasi a  conveyance to the use ab beginning wherefore within the equity and intention  of the save in the statute and be all one in judgement of law as a feoff to a  use wherefore they resolve that the term be not expire but both term and rend  be revive and adjudge it for the plaintiff croak James er p