ccxiv OGNELL and UNDERHILLS case in replevin the case be as appear upon the  plead that rob bouchier be seize of a certain farm call Cruchefield grange and  lease the same to sir William raynsford for thirty year who die thereof  possess by reason of which the interest hereof come to raynsford as executor  of the say sir William raynsford who assign the say farm except a parcel of it  call Hobbes to sir Henry bear for parcel of the term and afterward assign the  say parcel call Hobbes or part of the term to Frekington and other and  afterward grant the residue of the say term not expire to the say bear and  Frekington and afterward the say rob bouchier grant a rentcharge of per annum  to take wholly de omnibus terris property whoever peremptory or urgent call  the grange of Cruchefield in the parish of Stoneleigh in the county of Warwick  recently in tenure occupation William raynsford soldier nunc in tenure  occupation Hen bear bouchier grant the reversion of Hobbes to Lewknor in fee  to who scar release all his right estate and demand in the say land call  Hobbes the lease expire the rend behind Lewknor lease at will to r the first  question be if the say rentcharge shall be say issue out of the say land call  Hobbes for if c then by that release the rend be go but the whole court be  clear of opinion that the rend be not issue out of Hobbes but out of the land  then in the possession of bear and not out of the land in the possession of  Frekington although it be object by walmesley sergeant that the word in the  grant of the rend in tenure occupation bear shall be construe in the  disjunctive quasi sive and then the close call Hobbes although it be not in  the occupation yet it be in tenure of bear the matter be at another day argue  by Fenner sergeant for the plaintiff and he much rely upon the word whoever in  the grant of the rend de omnibus terris whoever common call Cruchefield grange  as if I grant to you all my tree my appletree shall not pass but if the grant  be all men arbores to go quascunque they pass and that by the emphasis of this  word whoever so if I grant you common for your cattle in such a place none  shall have common but those which be commonable shall have common there  contrary where the grant be pro averiis whoever and it be adjudge in the  chancery in the case of the bishop of Ely that where the say bishop lease all  the demeasns of a manor for year that by the say lease the Leonard park within  the say manor shall not pass but perhaps if such a lease have be all men one  land dominical quascunque the park will have pass and afterward the counsel of  the plaintiff see that the court be of opinion with the defendant take  exception to the plead the defendant make conusans ut ballivus director of the  grantee of the rend and do not show the letter of Administration and as to  that it be agree by the court that that have be a good exception if the matter  have not be relieve by the statute of Elizabeth of demurrer another matter be  object upon the statute of h cap upon the word of the say statute so long as  the land remain in the possession of the tenant in demeasn who ought immediate  to have pay the say rend and it be say by Anderson and Rhodes that the  conusans be Leonard er p good enough and within the relief of that statute for  Lewknor be the immediate purchaser and although he have let the land to  another at will that do not make any thing for yet the estate of the land be  within the word of the statute for the land remain in the seize of the first  purchaser and note that in this case bouchier die before the lease expire so  as the rend be not determine in his life and afterward judgement be give for  the defendant mich Elizabeth in the king bench