case POWSELY against Blackman Trinity term James roll if a mortgage be make by  bargain and sale with a proviso and agreement between the party that the  mortgagee his heir and assign shall not intermeddle with the actual possession  of the premise or perception of the rend until default of payment the  mortgagor be a tenant at sufferance to the mortgagee and not a tenant at will  as he will have be on a covenant that he shall take the profit till default of  payment ante S C bendl SC roll Rep SC palm roll ab SC Jones   light   ray cro  car cro Elizabeth skin side vent carter Bridgm Mod salk lev burr burr will atk  dougl Com dig Bac ab term Rep if a mortgagor who continue in possession by  consent of the mortgagee make a lease for year and the lessee enter claim  nothing but his lease he be not a seize but on payment and acceptance of his  rend a tenant at will and if the mortgagor enter after the expiration of the  lease he shall be tenant at will again to the mortgagee ejectment of a lease  of Richard Perryman of land in Thaticlan upon not guilty plead a special  verdict be find that John curl be seize croak James er p of this land in fee  and by indenture January James enrol within six month bargain and sell the  land to William Perryman in fee for three hundred pound with a proviso that if  he pay to the say William Perryinan three hundred pound in this manner  videlicet ten pound upon the that of July follow and ten pound upon the that  of January follow and so for nine other payment upon the say day and upon the  that of January shall pay to he two hundred and ten pound that then the  bargain and sale shall be void proviso eitan et agreatum to be betwixt the say  party that the say William Perryman his heir or assign shall not intermeddle  with the actual possession of the premise or perception of the rend thereof  until default of payment be make of the say sum or any part thereof and it be  find that William Perryman do not enter into the say tenement and that  afterward the say John curl before any of the day of payment let that land to  William Dibley by two several demise for six year render the rend to he and  die that the lessee enter by virtue of the say demise and take the profit  claim nothing but the say term that the say William Dibley the lessee pay the  rend annual to the say John curl and at the end of the term surrender the say  tenement to the say John curl and they find quod postea et ante time quo c  videlicet December James the say William Perryman make his will and devise  those tenement to Richard Perryman the lessor by his will in write and that  afterward the say William Perryman die and that John atwell be his cousin and  heir and that after his death Richard Perryman enter and make the lease to the  plaintiff prout in the declaration and that the defendant by the command of  the say John curl enter and eject he upon this special verdict it be diverse  time argue at the bar two question be principal move first what interest John  curl the bargainor have by this agreement with the bargainee that he shall not  intermeddle with the possession until default of payment videlicet whether he  be lessee for so many year or only in as tenant at will or sufferance for it  be not a covenant or agreement with the bargainee that he shall enjoy it  during those year for then it will have croak throw amount to a lease for year  but that the bargainee will not meddle with it and to leave he in possession  as he be c which can be a lease for year vide Henry pl Henry pl second admit  that he be not lessee for year but only tenant at will of the bargainee or  tenant at sufferance whether his make a lease for year and the lessee enter  and pay the rend and claim nothing but the term and after in the end of the  term yield up the possession to the bargainor shall be a seize and if it be a  seize whether it be not purge by the reentry of the bargainor and occupy it in  position pro prius and reduce the inheritance to the bargainee so as he be not  out of possession and so his will thereof be good for otherwise the will be  void and as to this point all the justice resolve that when the bargainor  enter as it shall be conceive by the word yield up the tenement at the end of  the term if he be a seize before as they do not agree that he be because  neither the lessor nor lessee intend to make any seize the lessee claim but  his term it be only a seize in the lessee for year a and when the term be  expire the bargainor reenter that purge the seize and the bargainor be in as  lie be before and the inheritance be revested in the bargainee and his will  shall be good and therefore they hold if tenant for will be oust by a stranger  and he reenter he be tenant at will to his lessor for otherwise it will be a  mischievous case in many assurance where the mortgagor be in upon condition to  pay at the end of the year and in the interim that the mortgagee shall not  meddle who make a lease for half a year and after reenter before the day of  payment that he shall be a seize against his own intent and the intent of the  bargainee that the bargainee shall be say to be out of possession so as he can  make a bargain and sale at his will by this mean many assurance will be  destroy which the law will not suffer wherefore the law account that the  bargainor by his entry be in of his former estate and the will of the  bargainee be good and by all the four justice it be adjudge for the plaintiff  fide   Henry pl Edward pl Henry pl a see cro car Geo c croak James er p