case smy against june elsewhere the statement of the case v idem infra Inst I  Leon cro car the use of a fine to a and his old son and the heir male of the  son do not make a estate tail a remainder to the heir male of a and b give  they several estate Com dig the son of a person whodies heyond seat shall  haved five year after his death to avoid a fine cruise on fine to l tenant for  life levy a fine the reversioner shall have five year after his death to make  claim post   b cro James Plowd sheep touch cruise lease by a infant be void  more Mod Fitzherbert Mod Bac Abr one tenant in common shall not have ejectment  against the other without actual ouster   light Leon salk Cowp term Rep in  notorious facts ejection firmoe the case upon special verdict be sir Thomas  cotton be seize of the land in question in fee and convey it to the use of  himself for life remainder to Cheyny cotton his old son in tail remainder to  William his second son et birthright son proedicti William et hoeredibus male  dict birthright son dict will et pro diminution ankle exitus to stay behind  ind croak Elizabeth hoeredibus male dict William and of sir Thomas cotton with  diverse remainder over Cheyny cotton die without issue and after William the  second son have issue W his old son and go heyond sea sir Thomas cotton  Elizabeth levie a fine of this land which be to the use of himself for life  and df to to the use of Rohert cotton his three son in tail with diverse  remainder over and afterward Elizabeth William the second son die heyond sea  William his son and heir be then and now within age sir Thomas cotton die Eliz  and Elizabeth W enter be within age and let we it to the defendant reserve no  rend but at will only Rohert cotton enter and let we it to the plaintiff upon  which the defendant reenter by si c it be argue by draw and Glanville sergeant  for the defendant and by Heaumont and Harnon for the plaintiff first matter if  William the second son have a estate tail by the limitation to he and his  first son and to the heir male of the body of his first son for he then have  no son so it be void to the first son if it shall vest in William by the  intent of the donor second admit he have not a estate tail by this limitation  as it be after agree by all the justice that he have not if by the remainder  after limit to the heir male of the body of William and of sir Thomas cotton  they have joint or several estate tail and as to that it be clear agree that  they have several estate tail and not joint so that clear the fine of sir  Thomas be good to bar William of one moiety for he be tenant in tail of it  three matter upon the Hen c S if the fine be levy William the son be heyond  sea if his heir shall have five year after his death for the statute be he  shall have five year after his return and in this case he never return and so  be out of the word and the proviso shall not he take by equity but all the  justice to this resolve to the contrary for the intent of the statute shall he  observe as croak Elizabeth er p the statute speak that a infant shall make his  claim within five year after his age yet if he claim within his age it be good  yet it be out of the word four matter if tenant for life levy a fine and he in  the reversion or remainder do not make his claim within five year after the  fine levy after the tenant for life die if he shall have new five year after  his death and all the justice hold he shall for this be as another title  accrue to he and it may be he have no conusance of the forfeiture and if he  have it be at his election if he will take advantage of it and so zomes case  be cite to he adjudge Elizabeth five matter that yet the plaintiff shall  recover for the title of the defendant be void for they claim by leaseat will  of a infant where no rend be reserve and sovoid curian although they have no  title yet it appear the plaintiff have no title to a moiety and then he can  not punish the defendant for his moiety in this action where he must make  title otherwise perhaps in trespass and for the other moiety he shall not have  a action without a express ouster which be not find wherefore it be adjudge  for the defendant V   institute