case XLV Elizabeth raym vent lev   Fermors case fine Covin averment bar ander  Jones winch Savil Leon SC   Rep a see weller v stone l I Ch a make a lease for  year of land in dale to b render yearly rend b have other land of inheritance  in dale b lease to c for life the say land lease to he for year and afterward  b levy a fide with proclamation of all the say land which be his inheritance  and of those which be lease to he for year the number of acre in the fine  amount to the whole b pay his rend yearly to a during the year the say fine be  levy of all the say land with proclamation and five year pass a shall not be  bar in this case for there be apparent covin in levy this fine by all the  judge of England Jenkins more acre of land do not pass by a fine than the fine  mention although the indenture that lead the use of it mention more acre than  be in the fine for the fine be the foundation of the estate and the estate  ought to rise out of it a lessee for year levy a fine sur conusans de law come  Ceo this fine be void for he have no freehold part ad that which divides  nothing to have a lessee for year be oust by which the lessor be seize the  seize levy a fine five year pass with the proclamation which also require a  year without claim this fine bar the lessor and lessee if lessee for life or  the seize of lessee for life levy such a fine the lessor have five year during  the life of the lessee for life to claim in or five year after his death at  his election for he have two title one after the death of lessee for life the  other by the forfeiture of the say lessee if he do not claim within five year  as above after the say forfeiture he shall have other five year after the  death of lessee for life upon the statute of Elizabeth against usury and  Elizabeth against fraud although fine be levy yet where there be usury or  fraud or covin they may be aver so to be against any act whatsoever a seize  make a lease for life and afterward levy a fine with proclamation to a  stranger although he have only areversion yet this fine and nonclaim shall bar  the disseizee