coke a justice windham case mich Elizabeth in the king bench in a Writ of  error a man make a lease of S meadow to a for year and of c meadow to b for  year and afterward by indenture recite the say two lease make a lease to  another of both for year to begin after the end or determination of the say  several lease make to a and b and afterward the first lease of S meadow end  and the lease of c meadow still continue hold that the habendum in the latter  lease shall be take respective and the last lease of S meadow shall begin  present after the end of the first lease thereof and shall not wait till the  lease of c meadow be end joint word shall be take respective and several saint  in respect of the several interest of the grantors and in respect of the  several interest of the grantee rd in respect that the grant can take effect  but at several time in respect of the incapacity and impossibility of the  grantee to take joint that in respect of the cause of the grant or ration  subject means that ne res to tear down et ut to shun absurdum hold by Wray jc  if tenant in fee lease one acre to a for life another acre to b for life and  another to c in tail and afterward by deed recite the say estate covenant with  his brother that after all the estate end and determine be and his heir will  stand seize of the say three acre to the use of his brother in tail upon the  death of b the brother shall have the acre lease to b S C more in trespass  between Francis Wyndham one of the justice of the common plea plaintiff and  John Debney and other defendant in the common plea for trespass do in a meadow  call sexton meadow in Trowse in the county of Norfolk the case be such the  dean and chapter of the holy and individed Trinity of Norwich be seize of the  say meadow call sexton meadow and of another meadow in the say town call  cheese meadow and by indenture under their common seal h demise cheese meadow  to Howlins for year and afterward Phil mary by indenture under their common  seal demise sexton meadow to the say Hovlins and Debney for year and afterward  Elizabeth the say dean and chapter demise to Nicholas Manne both the meadow  with a several habendum sure to have and to hold cheese meadow for year after  the end of the first lease coke report b er p thereof make and to have and to  hold sexton meadow for year after the first lease thereof make with several  reservation of rend the say Manne assign his interest to John hoe who  Elizabeth surrender and take a new lease by indenture of the say dean and  chapter under their common seal in which the first lease be recite of both the  meadow habendum Himself ab post determination prd selmralium dimissions  videlicet prd dimission prd bob Howkns in form pace fact Prd dimission prf rob  Howlyns I Debney c in form prd fact sive be per surs return determinate c  usque ad fin coke b termin to swim up extunc neighbor sequen existen yes  rhythm to swim up mentionat in dict up return thence dict Nicholas Manne make  reddendo c the ancient rend several for the say meadow so that in effect the  case be a man make a lease of sexton meadow to a for ten year and of cheese  meadow to b for twenty year and afterward by indenture recite the say two  lease make a lease to another of both for forty year to begin after the end  and determination of the say several lease make to a and b and afterward the  former lease of sexton meadow end and the lease of cheese meadow continue and  when the last lease as to sexton meadow now in question shall begin be the  question for if it shall not begin till the lease of cheese meadow be end then  the plaintiff have enter before his time for the former lease of cheese meadow  have yet continuance but if the say habendum in the late lease shall be take  Mod Rep respective or distributive more Cr James   b   b roll Rep Cr Elizabeth  palm sand a reddendo one one so that when the lease in sexton meadow determine  the new term for forty year therein shall begin then judgement ought to be  give for the plaintiff and after many argument at bar and bench in the common  plea it be resolve and adjudge that the habendum in the late lease shall be  take respective that be to say the lease of sexton meadow to John hoe for  forty year shall begin jenk cent Cr James   b   a Plowd b I lev Yelv Bulst  Brownl keb sand more Leon Cr Elizabeth keb a present after the end of the  first lease thereof make for every deed shall be take more jenk cent light Rep    light a a a a   a Plowd b b winch   a   a b strong against the grantor and  more beneficial for the grantee and it be more strong against the lessor and  more beneficial for the lessee to have the lease of sexton meadow to begin  present after the expiration of the first lease make thereof than to tarry  till the lease of cheese meadow be end as in Fitzherbert release   a Br  release c e b h a if I release unto you all action which I have against you  and another in this case notwithstanding the joint word all action which I  have against you alone be release for it shah be most beneficial for he to who  the release be make and most strong against he who make it and the joint word  of the party shall be take respective and several sometime in respect of the  several interest of the grantors as if two Plowd b b a a b Perk sect Hetly  Yelv   light a b d tenant in common or several tenant join in a grant of a  rentcharge yet in law this grant shall be several although the word be joint  as sir Robert Catlin chief justice hold in Brownings case in blow commentary  sometime in respect of the postea a e several interest of the grantee c h a  warranty make to two of certain land shall enure as several warranties in  respect that they be several seize the one of coke a part of the land and the  other of the residue in several EA postea a covenant Br a joint postea a f  covenant coke report b er p take several in respect of the several interest of  the covenantees the general rule establish by the authority cite in the note  to Eccleston v Clipsham sand be that wherever the interest of the covenantees  be joint although the covenant be in term joint and several the action follow  the nature of the interest and must be bring in the name of all the  covenantees but where the interest of the covenantees be several they may  maintain separate action although the language of the covenant be joint per  curian wither v Bircham b c SC dow Ryl and accord where by a deed recite the  grant of two distinct annuity to a b during the life of the grantors and the  survivor it be witness that c covenant with a b and their executor to pay the  annuity or either of they when the grantors shall make default in payment a  die the court hold that the interest in the annuity be several the covenant be  also several and that the annuity grant to a be in arrear his executor may  maintain a action against c Vid also James v Emery price post note a Slingsbys  case b a vide Elizabeth dyer between sir Anthony Anders n Benl dyer pl postea  a g cook and Wotton a good case sometime in respect that the grant can take  effect but at several time as e a a remainder limit to the right of heir of I  S   light a roll   Fitzherbert joinder in action ass pl h and I n I S and I n  be alive in which case the word be joint and yet he heir shall take several  for they shall not join in action sometime in respect of the incapacity and  impossibility of the grantee to take joint as a lease make to a abbot and Perk  sect light sect   light a sand I secular man or a gift to two man or to two  woman and to the heir of their two body beget the inheritance be   light a b a    a h b a light sect   b Anderson Br Jointtenants king several h vide chapman  case pi Com sometime in respect of the cause of the grant or ration subject  means as h a one hob Br rend Br Jointtenants keb   light b Dv pl ass pl  Fitzherbert partition blow b a coparcener grant a rend to two other  coparceners for owelty of partition although the word be joint yet the cause  of the grant shall be respect and the rend shall be of the quality of the land  and therefore they shall have the rend in degree and quality of coparcenary  and not joint and knivet Ch just and chancellor say in e that if two  coparceners make a feoff in fee render rend to they and their heir the heir of  both shall inherit because their right in the land be several Br condition Br  arbitrement   a b b e b and bridge Plowd b Br arbitrement c r b a joint  submission to arbitrament take several in respect of the several cause c Words  in deed or will receive a different construction accord to the nature of the  estate to which they be apply Southby v Stonehouse Ves Elliot v Jekyl Ves Vid  Mansell v Burridge TR a joint and several contract take joint in respect of  the joint subjectmatter b sometime ne res to tear down ut to shun absurdum as  in h b in Fitzherbert cessavit Br cessavit Br faux Latin doctrine placit  Edward d cessavit where the tenure be allege by homage fealty and rend and the  demandant count that in to make the condition of a slave prd cessavit shall be  by construction take to such service only of which a man may cease Fitzherbert  brief Edward pl e e b a the prior of Tikefords case in a to know facias  against the successor of the prior on a judgement give in a writ of annuity  for the arrearage in the time of the predecessor and of the successor and the  writ be that the predecessor and successor not yet To give back to which  exception be take that the predecessor be suppose not to render that coke  report b er p which the successor ought non allocatur for reddendo one one by  reasonable construction the word may well stand together vide e a in a per  queen the condition of a slave f n b in to point out and the reason of all  these case be either quod   a   b   b keb Jones   b Mod Rep Leon Cr Elizabeth  jenk cent light Rep Bulstr f res non to tear down or that the grant shall be  take more strong against the grantor and shall take effect as near as may be  accord to the intent of the party and such construction concur with two of the  say reason in the principal case it shall be take more strong against the  lessor this coke b construction will concur with the intent and meaning of the  party for after the habendum and the number of the year these word be add  existen yes rhythm to swim up in dict up return indent mentionat in which  indenture the habendum be several so that the intent of the party be to have  several beginning in this new lease c and the lessor and lessee Dever imagine  but that the lease shall begin several and not that the lessee shall wait for  sexton meadow until the lease of cheese meadow which be another distinct lease  and a distinct thing shall end and so it be adjudge and the plaintiff have  execution upon which judgement a writ of error be bring and after many  argument it be resolve by sir Christoph Wray sir Thomas gawdy and the whole  court of king bench that the lease to hoe shall have several beginning and so  this case be resolve by both court and afterward the same term in a case  between pollard and alcocke in the court of ware Wray chief justice clear hold  that if a man be seize of three acre of land in fee and make a lease of one  acre to a for life of another acre to b for life and of the other to c in tail  and afterward by deed recite the say estate covenant with his brother that  after all the say estate end and determine he and his heir will stand seize of  the say three acre to the use of his brother in tail c that in this case  present by the death of b the brother shall have the acre lease to b and shall  not tarry till all the estate sure the other estate for life and the  estatetail be end but reddendo one one by the covenant the estate in the  several acre shall vest present in the brother and shall take effect in  possession as the several estate in possession end or determine which be grant  by the whole court and in the case of pollard Wray cite and rely on the say  case of justice Windham and afterward the plaintiff in the writ of error  perceive the opinion of the court do not proceed in their writ of error Vid  veal v Robert cro Elizabeth SC Leon ayler v Chep cro James cook v Gerrard sand  and the case cite there c