coke b edward fox case hill James f demise certain land c for life reserve  rend afterward in consideration of fifty pound he by indenture demise grant  set and to farm let the say land c to p to have and to hold from the day of  the date of the indenture for ninetynine year pay a rend hold this demise and  grant to p amount to a bargain and sale so that the reversion with the rend  passes to p by the statute of use without any attornment SC Brownl hard light  Rep Skinner touch in a writ of second deliverance by Elizabeth Smalman widow  and Thomas powys defendant which begin in common banc James rot the defendant  demurrer on the bar to the avowry and on the record the case be such Edward  fox seize of four acre of meadow fifty acre of pasture and ten acre of  Underwood in Snitton coke report a er p in the county of Salop year Elizabeth  demise they to pale yellow Smalman and to the say Elizabeth his then wife and  to Thomas Smalman habendum to Gilbert and Elizabeth for their life the  remainder to the say Thomas for his life yield during their life the yearly  rend of four mark at the feast of the annunciation of our lady and saint  Michael the Archangel by equal portion and afterward the say Gilbert Smalman  die after who death scilicet September year king James the say Edward fox by  indenture for the consideration of prd by the say Thomas powys to the say  Edward fox pay Mod Rep demise roll Rep grant set and to farm let to the say  Thomas powys the say tenement aforesaid to have and to hold to the say Thomas  powys from the day of the date of the say indenture for the term of ninetynine  year yield and pay therefore during the say term to the say Edward fox and his  heir the yearly rend of S at the feast of the annunciation of our lady and  saint Michael the Archangel or within twentyeight day after every of the say  feast and that the say Elizabeth do never attorn and the only point in this  case be whether the say demise and grant to t powys shall amount to a bargain  and sale so that the reversion with the rend shall pass to t powys by the  statute of use without any a Cr Elizabeth a attornment a the necessity of  attornment be now take away by stat Ann c S a and it be adjudge that coke a  this demise and grant upon consideration of amount to a b Mod Mod vent Ventr  roll Rep lev Brownl Inst Jones Siderf b bargain and sale for the say year for  in case when a freehold or inheritance shall pass by deed indent and enrol it  need not have the precise word of bargain and sale but word a Inst Ventr a  equipollent or which do tantamout be sufficient as if a man b Brownl Inst  Ventr Ventr   b   b a cro Elizabeth cart palm jenk cent b covenant in  consideration of money to stand seize to the use of his son in fee if the deed  be enrol it be a good bargain and sale and yet there be not any word of  bargain and sale but they amount to so much as it be hold in bedels case in  the seven part of my report b so if a man for money c Inst c alien and grant  land to one and his heir or in tail or for life by deed indent and enrol it  amount to a bargain and sale and the land shall pass without any livery and  seize and at the commonlaw before the statute of d h c I d h of use if a man  for money have alien and grant land to one and his heir c by that the use of  the land shall pass for it be a full bargain and all this be unanimous agree  but forasmuch as the e   light a Inst Hardr   a e intention of the party be  the creation of use f Inst f if by any clause in the deed it appear that the  intent of the party be to pass it in possession by the commonlaw there no use  shall be raise and therefore if any letter of g Brownl Inst roll   light a g  attorney be in the deed or covenant to make livery of the land accord to the  form and effect of the deed or other such like there it shall not pass by way  of use because word thought non e contra to withhold to be serviceable et word  to withhold to come to know ut to some degree work b in anon Leon it be  determine to the contrary in that case a by deed indent convey in the follow  word I the say a have give grant and confirm for a certain piece of money c  the habendum be to the feoff with warranty against a and his heir and there be  a letter of attorney to make livery and seize the deed be enrol within one  month after the make of it and the attorney after four month from the delivery  make livery of seize it be the opinion of the whole court that the conveyance  shall operate as a bargain and sale Vid cruise dig d edit sander on use vol  two p Vid as to elect in what way a estate shall pass note b c Heywards case    b b but in the case at bar the intent of the grantor may be well do intend  that the grant shall take effect present and shall collect that he do intend  that the grant shall take effect present and shall coke report b er p not  depend upon any subsequent attornment for the rend reserve thereupon be  Payable present and therefore it will be reasonable that though powys the  lessee shall have the rend reserve on the first lease for life present and  that he can have before attornment which peradventure will never be make and  eastern rather because the say Thomas powys have no mean to compel the first  lessee to attorn but if it shall pass as a bargain and sale it shall be  present execute by the statute of h for there needs no h   a roll Rep Inst  Brownl h enrolment in this case because but a term for year passes and no  estate of freehold and there needs no I   a   b a Brownl I attornment because  it be execute by the statute and by this construction every one will have  remedy for that which he ought to have vide sir Roland king brown Brownl Jones  roll hob Poph Anders Inst Yelv Mod Rep king Heywards case in the second part  of my report fol b