case barker against keat see Hadfields case lr c p in re Hawkins Q b the  reservation of apeppercorn be a good consideration to raise a use to make a  tenant to thepraecive S C Mod S C vent S C Freem a special verdict in  ejectment the jury make a special conclusion by refer to the court whether  there be a good tenant to the praecipe or not which be make by a bargain and  sale but no money pay nor any rend reserve but that of a peppercorn to be pay  at the end of six month upon demand and the release and grant of the reversion  thereupon be only for diverse good consideration the question be if this lease  upon which no rend be reserve but that of a peppercorn be execute by the  statute Henry c io of use or not if it be then there be no need of the entry  of the lessee for the statute will put he in actual possession and then the  inheritance by the release or grant of the reversion will pass but if this  lease be not within the statute because no use can be raise for want of a  consideration then it must be a conveyance at the commonlaw and so the lessee  ought to make a actual entry as be always usual before the make of the statute  Waller and Maynard sergeant argue that here be no consideration to raise a use  for the reservation of a peppercorn be no profit to the lessor it be not a  real and good rend for so small and trivial a matter be no consideration for  that which must be a good consideration ought to be money or some other  valuable thing second then this conveyance be not execute by the statute of  use and if so it be not good at the commonlaw it be only a lease for year and  no entry without which there can be no possession and if not then there can be  no reversion upon which the release may operate it be only a interest termini  and so be the opinion of my Lord coke a   light a since the make of this  statute modern and that no use be raise here the case of JVy Lord paget be  cite to which this be compare my lord be seize in fee covenant to stand seize  to the use of Trentham and other in consideration of payment of his debt out  of the profit of his own estate this be adjudge a void use because there be no  consideration on trentham part to raise it the money appoint to be pay be to  be raise out of the profit of my lord estate the word of the lease be demise  grant c which be word at the commonlaw   light b and it be not possible that a  future executory examine at modern er p cion shall raise a present use for the  peppercorn be not to be pay till the end of six month and as this  consideration be executory so it be contingent too for the lessor may have  release before the expiration of the six month if the case of Lutwich v Mitton  b cro James b be object where it be resolve by the two chief justice and chief  baron that upon a deed of bargain and sale of land where the bargainee never  enter and the bargainer recite the lease do grant the reversion expectant upon  it that this be a good grant of the reversion from which the possession be  immediate divide and be execute and vest in the bargainee by virtue of the  statute of use this be no objection to the purpose because in that case the  bargainer be himself in actual possession so that if there be no good tenant  to the praectpe in this case though all that join in it be estopped to say so  yet the tenant in tail who come in above be not bar Henry pl but on the other  side it be say that the lessee be in possession by the statute for the word  grant be in the lease and the reservation be a peppercorn that will amount to  a bargain and sale though it have not those precise word ill it   but if it  shall not yet another use may be aver than what be in this lease like bedels  case   b where a man in consideration of fatherly love to his old son do  covenant to stand seize to the use of he in tail and afterward to the use of  his second son there though the consideration respect his old son only in word  yet a consideration which be not repugnant to it may be aver and though a  entry be not find yet it shall not be intend since the jury have not find the  contrary modern north chief justice at first when this sort of conveyance be  use the lessee upon the lease for a year do always make a actual entry and  then come the release to convey the reversion but that be find troublesome the  constant practice be to make the lease for a year by the deed of bargain and  sale for the consideration of five shilling or some other small sum and this  be hold and be so still to be good without any actual entry and the bargainee  thereby be capable of a release though he can bring a action of trespass  without entry for when money be the consideration of make the bargain and sale  it be execute by the statute of use and so the release upon it be good but if  the deed be not execute it be otherwise but this be to support a common  recovery be to be favour a see the case of Addison votway ante a and therefore  the court take time to consider till the next term and then north chief  justice say that if a real action be bring against a who be not tenant to the  praecipe and a recovery he have against he the sheriff can turn he out who be  in possession but if he who be not in possession come in by voucher he be  estopped to say afterward that he be not party to the writ so that he who be  bind must be tenant or vouchee or claim under they conveyance have be alter  not so much by the knowledge of the learned as by the ignorance of unskilful  man in their profession the usual conveyance at commonlaw be by feoff to which  livery and seize be necessary the possession be give thereby to the feoff but  if there be a tenant in possession and so livery can not be make then the  reversion be grant and the particular tenant always attorned and upon the same  reason it be that afterward a lease and release be hold a good conveyance to  pass a estate but at that time it be make no question but that the lessee be  to be in actual possession before the release afterward use come to be  frequent and settlement to use be very common by reason whereof many  inconvenience be introduce to prevent which the statute of Henry c be make by  which the use be unite to the possession for before that statute use be to be  execute accord to the rule of equity but now they be reduce to the commonlaw  and be of more certain and therefore be to be construe accord to the rule of  law modern at the commonlaw when a estate do not pass by feoff the lessor or  vendor make a lease for year and the lessee actual enter and then the lessor  grant the reversion to another and the lessee attorned and this be good  afterward when a inheritance be to be grant then also be a lease for year  usual make and the lessee enter as before and then the lessor release to he  and this be good but after the statute of use it become a opinion that if a  lease for modern er p year be make upon a valuable consideration a release may  operate upon that without a actual entry of the lessee because the statute do  execute the lease and raise a use present to the lessee sir Francis more  sergeant at law be the first who practice this way but because there be some  opinion that where conveyance may enure two way the commonlaw shall be prefer  unless it appear that the party intend it shall pass by the statute thereupon  the usual course be to put the word bargain and sale into the lease for a year  to bring it within the statute and to allege that the lease be make to the  intent and purpose that by the statute of use the lessee may be capable of a  release but notwithstanding this Mr Noy be of the opinion that this conveyance  by lease and release can never be maintain without the actual entry of the  lessee this case go far than any that ever yet come into judgement for money  be not mention here to be the consideration or any thing which may amount to  it unless the peppercorn which he hold to be a good consideration the lease  and release be but in nature of one deed and then the intent of the party be  apparent that it shall pass by the statute and eastern earnestness that the  lease be execute the reservation be in force the case put by Littleton in sect  be put at the commonlaw and not upon the statute where he say that if a lease  be make for year and the lessor release all his right to the lessee before  entry such release be void because the lessee have only a right and not the  possession which my Lord coke in his comment upon it call a interest termini  and that such release shall not enure to enlarge the estate without the  possession which be very true at the commonlaw but not upon the statute of use  modern and therefore judgement be give by the whole court that the word grant  in the lease will make the land pass by way of use that the reservation of a  peppercorn be a good consideration to raise a use to support a common recovery  that this lease be within the statute of use there be no need of a actual  entry to make the lessee capable of the release for by virtue of the statute  he shall be adjudge to be in actual possession and so a good tenant to the  praecipe and judgement be give accord in Michaelmas term follow see Geo c